HomeMy WebLinkAboutKIN 97 023 Lease - Ackert Land
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THE CORPORATION OF THE TOWN OF KINCARDINE
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BY-LAW
BY-LAW NO. 1997-23
A BY-LAW TO AUTHORIZE
AND SHIRLEY ACKERT
KINCARDINE.
THE SIGNING OF AN AGREEMENT WITH CLARENCE
AND THE CORPORATION OF THE TOWNSHIP OF
WHEREAS the
Kincardine deems
lease 80 acres of
Township Airport.
Council for The Corporation of the Town
it advisable to enter into an agreement
unused vacant land being part of the Town
of
to
and
NOW THEREFORE the Council for The Corporation of the Town
of Kincardine ENACTS as follows:
1.
That The Corporation of the Town of Kincardine enter
an Agreement with Clarence and Shirley Ackert and
Corporation of the Township of Kincardine;
into
The
2.
That the mayor and clerk be authorized to sign, on behalf
of The Corporation of the Town of Kincardine, the
Agreement with Clarence & Shirley Ackert and The
Corporation of the Township of Kincardine, attached to
this by-law and to affix the Town's Corporate seal as and
when required.
3. This by-law shall come into full force and effect upon
its final passage.
4. This by-law may be cited as the "Ackert Airport Land
Lease Agreement, Bylaw "
READ a FIRST and SECOND time this 20th day of February, 1997.
READ a THIRD time and FINALLY PASSED this 17th day of April,
1997.
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Mayor
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THIS AGREEMENT made in TRIPLICATE
February, 1997;
this ~ day of
BET WEE N :
THE CORPORATION OF THE TOWN OF KINCARDINE
(hereinafter called the "Lessor")
of the first part;
AND
THE CORPORATION OF THE TOWNSHIP OF KINCARDINE
(hereinafter called the "Lessor")
of the second part;
AND
CLARENCE ACKERT AND SHIRLEY ACKERT
(hereinafter called the "Lessee")
of the third part.
WITNESSETH that in consideration of the rents, covenants
and agreements hereinafter reserved and contained on the
part of the said lessee, to be paid, observed and
performed, the said lessors has demised and leased and by
these presents doth demise and lease unto the said lessee;
ALL THOSE CERTAIN PREMISES known
vacant land, part of the Town &
Highway 21 (hereinafter referred to
as 80 acres of unused
Township Airport, on
as "the premises") ;
1. The Lessee shall pay rent of $1,200 (one thousand two
hundred dollars) per year for the years 1997 and 1998
and $1,600 (one thousand six hundred dollars) per year
for the years 1999, 2000 and 2001, to be paid the 1st
business day of November every year, commencing
November, 1997.
The Lessee shall not be responsible for any property
taxes that may be assessed against the property as a
result of the lessee occupying the premises.
3. The Lessee shall not carryon upon the premises any
business that may be deemed a nuisance or by which the
insurance on the premises will be increased.
2 .
4. This agreement is not assignable by the Lessee without
the express written consent of the Lessors.
5. The Lessors shall not be responsible for any personal
injury which shall be sustained by the Lessee or any
employee, customer or other person who may be upon the
premises or the entrances or appurtenances thereto.
All risks of any such injury being assumed by the
Lessee, who shall hold the Lessors harmless and
indemnified therefrom.
6 .
The
of
the
Lessee shall provide to the Lessors adequate proof
insurance (for liability and personal property) to
satisfaction of the Lessors.
7.
The term of this lease shall be from January 1st, 1997
until December 31st, 2001. Renewal of this agreement
shall be at the discretion of the Lessors.
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Page 2
Ackert Lease Agreement
8.
This agreement may be terminated by mutual
between the Lessor and the Lessee within a
time frame.
agreement
one year
9. In this agreement, words importing the singular shall
include the plural and vice-versa, and words importing
the masculine gender shall include the feminine
gender, and words importing persons shall include
firms and corporations, and vice-versa.
10. Unless the context otherwise requires, the word
"Lessors" and the word "Lessee" wherever used herein
shall be construed to include and shall mean the
executors, administrators, successors and/or assigns
of the said Lessors and Lessee, respectively, and when
there are two or more Lessees bound by the same
covenants herein contained, their obligations shall be
joint and several.
IN WITNESS WHEREOF the parties hereto have executed these
presents.
SIGNED, SEALED AND DELIVERED
in the presence of
) THE CORPORATI,oL\t:ÒF THE ..... .'
) TOWN OF KINCÀRD-ÌNE:::" ',<:
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Witness
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CLARENCE ACKERT
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SHI EY ACKERT