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HomeMy WebLinkAboutKIN 97 026 Lease - McCarten . e . -. 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. ~~------ Mayor ~11~ ; ~ - . 8 .~ 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. ...2 -- " .' - ~ - ,- 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. ...3 - .' , - - - e -. 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 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) QhY"O.\--n ,.. Witness DC::vo.kn ... Witness its the of his THE CORPORATION OF THE TOWN OF KINCARDINE . . ~.,- -.< p' ~~~?~ Mayor - CharLes:W. _aI)P. :-. ~.-...~~~____ i __.-:)?., ~........-.. . . 0- . '..... . . -; . - . per: '. .~-- ~~ Clerk - Maureen Couture ALdv JAM!fS MCCARTEN ~~ MARG MCCARTEN