HomeMy WebLinkAboutKIN 97 026 Lease - McCarten
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THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW
BY-LAW NO. 1997-26
A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH
JAMES AND MARGARET MCCARTEN.
WHEREAS the Council for The Corporation of the Town of
Kincardine deems it advisable to enter into a "lease to
purchase" agreement for part of Elgin Market Square, north side
of Kincardine Avenue and more particularly described as Part 1,
Part 2 and Part 7 of Reference plan 3R-6613;
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 into
a "Lease to Purchase Agreement" with James and Margaret
McCarten;
2. That the mayor and clerk be authorize to sign, on behalf
of The Corporation of the Town of Kinardine, the "Lease
to Purchase Agreement" with James and Margaret McCarten,
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 fore and effect upon its
final passage;
4.
This by-law may be cited as the "McCarten Lease to
Purchase Agreement, By-law".
READ a FIRST and SECOND time this 8th day of May, 1997.
READ a THIRD time and FINALLY PASSED this 22nd day of May,
1997.
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Mayor
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This AGREEMENT made in TRIPLICATE
mo.~ ,1997.
"ci
this .,¡;t day of
BETWEEN:
THE CORPORATION OF THE TOWN OF KINCARDINE
hereinafter called the "Town"
of the First Part,
-and-
JAMES AND MARGARET MCCARTEN
hereinafter called the -Licensee"
of the Second Part.
WHEREAS the Town and the Licensee wish to enter into a
"lease to purchase" agreement for part of Elgin Market
Square, north side of Kincardine Avenue, and more
particularly described as Part 1, Part 2 and Part 7 of
Reference Plan 3R-6613, hereinafter called the "licensed
lands";
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in considera-
tion of the mutual covenants and agreements hereinafter
contained, and subject to the terms and conditions
hereinafter set out, the parties agree as follows:
1. The Town hereby grants to the Licensee (insofar as the
Town can legally do so) license and full permission
and authority to enter upon the Licensed Land for a
term of ten (10) years to be computed from the 1st day
of July, 1997 and ending on the 30th day of June,
2007.
The Town hereby agrees that at the end of the ten (10)
year period ownership of the Licensed Land shall be
transferred to the Licensee. Furthermore, the Town
agrees that the Licensee shall have the option of
buying out the lease by paying, at any time, the
remaining balance of the license, at which time
ownership of the Licensed Land would be transferred to
the purchaser.
3. The license shall be in the amount of FIVE THOUSAND
DOLLARS ($5,000.00) payable in ten (10) instalments of
FIVE HUNDRED DOLLARS ($500.00) per year for ten (10)
years. The first instalment shall be paid upon the
signing of this agreement and then once a year, on the
anniversary date of this agreement.
2.
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McCarten License Agreement
Page 2
4.
The Licensee shall always indemnify and keep
indemnified the Town against all actions, suits,
claims and demands which may be brought against or
made upon the Town and against all loss, costs,
damages, charges or expenses whatsoever which may be
incurred, sustained or paid by the Town in consequence
of the exercise by the Licensee of the permission
hereby granted.
5. The Licensee further covenant as follows:
a)
to keep the Licensed Land in a good
repair and complying with health
standards;
state of
and safety
b) to pay all municipal taxes and levies assessed
against the Licensed Land;
c) not to use the Licensed Land for any other purpose
than as access to the licensee's property, with
the exception that the licensee may use the lands
to erect signage advertising the licensee's
business (subject to the provisions of the Town's
sign by-law);
d) not to make any additions or alterations to the
Licensed Land without the consent of the Town.
6. If the Licensee breaches any provisions of this
Agreement and such default continues for thirty (30)
days after the Town has delivered notice of said
default to the Licensee then the Town may terminate
this Agreement by giving notice of termination to the
License, such termination to be effective upon the
date such notice is given.
7.
In the event that clause 6 is exercised by the Town,
the Licensee shall remove any structure or
improvements erected by the Licensee on the Licensed
Land within thirty (30) days of the termination of
this license, failing which the Town may proceed to
remove the same and the Town shall be entitled to
recover from the Licensee the cost of such removal in
any court of competent jurisdiction.
8.
Nothing
Licensee
Land for
be construed as giving the
permission to use the Licensed
herein shall
any more than
enjoyment.
9.
shall not transfer or assign their
the Agreement without the consent, in
the Town, and the Town may require the
a fee as a condition of granting such
The Licensee
interest in
writing, of
payment of
consent.
10. Any notice required or permitted to be given hereunder
shall be in writing and shall be effectively given if
(i) delivered personally, (ii) sent by fax machine, or
(iii) sent by prepaid courier service or mail
addressed, in the case of notice to the Town, at 707
Queen Street, Kincardine, Ontario, N2Z lZ9, and in the
case of notice to the Licensee at 319 Kincardine
Avenue, Kincardine, Ontario, N2Z 2R2. Any notice so
given shall be deemed conclusively to have been given
and received when so personally delivered or faxed or
on the second day following the sending thereof by
private courier or mail. Any party hereto may change
any particulars of its address for notice to the other
in the manner aforesaid.
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McCarten Licence Agreement
Page 3
11. This Agreement shall enure to the benefit of and be
binding upon the said parties hereto, their heirs,
executors, administrators, successors and assigns,
respectively.
IN WITNESS WHEREOF the Town has hereto affixed
corporate seal attested by the hands of the Mayor and
Clerk of the Town of Kincardine, this ~~ day
('(\o..îâ ,1997 and the License has hereunto set
hand an seal this :):::I.asI day of fY\ -'6 ,1997.
SIGNED, SEALED AND DELIVERED )
in the presence of )
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THE CORPORATION OF THE TOWN
OF KINCARDINE
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Mayor - CharLes:W. _aI)P. :-.
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Clerk - Maureen Couture
ALdv
JAM!fS MCCARTEN
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MARG MCCARTEN