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HomeMy WebLinkAboutKIN 96 032 Lease - Horse Barn · · · · THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW BY-LAW NO. 1996-32 A BY-LAW TO AUTHORIZE THE SIGNING OF A LEASE AGREEMENT WHEREAS the Council for The Corporation of the Town of Kincardine deems it advisable to enter into a lease agreement with John MacLennan to lease those premises located immediately in the area known as "Connaught Park" and being more particularly described as Lots 1 and 2, north side of Broadway, Plan 4, commonly referred to as the "horse barn". 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 an agreement with John MacLennan to lease those premises commonly known as the horse barn in Conn aught Park. 2. That the mayor and clerk be authorized to sign, on behalf of The Corporation of the Town of Kincardine, the agreement with John MacLennan which is attached to this by-law and to affix the Town's Corporate seal as and when required. 3 . The by-law shall come into full force and effect upon its final passage. 4. This by-law may be cited as the "1996 Horse Barn Lease Agreement By-law". READ a FIRST and SECOND time this 18th day of April, 1996. READ a THIRD time and finally PASSED this 18th day of April, 1996 . ~~- Mayor -¿¿~ ~--- Clerk . . . . THIS AGREEMENT made in triplicate this 19th day of April, 1996; BETWEEN: THE CORPORATION OF THE TOWN OF KINCARDINE hereinafter called the "Town" OF THE FIRST PART -AND-· John MacLennan hereinafter called "John MacLennan" OF THE SECOND PART WHEREAS the Town owns the land located immediately in the area known as "Connaught Park" and being more particularly described as Lots 1 and 2, north side of Broadway, Plan 4. Located on this land is a building (hereinafter called the "building") that is owned by the Town; AND WHEREAS John MacLennan was the successful party proposing to lease a portion of the building for use in a horse training and boarding business, the use of the existing dirt racing track will be part of this agreement. NOW TBBREFORB in consideration of the mutual covenants and conditions herein contained, the parties hereto covenant and agree with one another as follows: 1. The Town will lease a portion of the building (40 feet x 60 feet) located on the lands of Connaught Park to John MacLennan for the period of time running from May 1st, 1996 to April 30st, 1999. The Lease fee will be $3,200 (three thousand two hundred dollars) for the first year and will increase at a rate of 5% per year thereafter until expiry of this lease. 2. Maclennan will pay on a quarterly basis beginning 1st, 1996 and with subsequent payments on August November 1st, February 1st and so on. John May 1st, 3. John MacLennan agrees to maintain the cleanliness of the building and surrounding area to the satisfaction of the Facilities/Parks Manager or any other regulatory body having jurisdiction over livestock handling. 4. John MacLennan agrees not to store animal waste the per~eter of the building for any extended and that waste will be removed from the site daily basis. within period on a 5. John MacLennan will training purposes. sole responsibility have use of the existing track for All track maintenance will be the of John MacLennan. 6. John MacLennan agrees the use of the track will be subject to the needs of the Agricultural Society. The Agricultural Society will have preference over others for the use of the track and other lands within Connaught Park. 7. John MacLennan agrees to maintain a minimum of $1,000,000 liability insurance while in occupation of the building and race track. It is also the responsibility of John MacLennan to ensure any other .. .2 Page 2 . party wishing to utilize the barn or track on an individual basis has the equivalent $1,000,000 liability . insurance coverage prior to residing in the building or using the grounds within Connaught Park. 8. John MacLennan agrees to provide telephone and power to the building. 9. John MacLennan agrees that the Town will not, in any way whatsoever, be liable or responsible, in any way, for any personal injuries either personally or to any other person who may be upon the premises, or for any loss or damage whatsoever. 10. John MacLennan will be the sole operator of any horse boarding or training business on the premises, but stall rental will be given out on a fair and equitable basis and no bonafide client will be refused a stall lease. . 11. John Maclennan agrees no alterations will be made to the building prior to approval by the Town. 12. The Town agrees to provide water for the use of the building. 13. John MacLennan agrees to abide by all local, provincial and federal regulations and to obtain any pérmits which may be required. 14. John MacLennan agrees to maintain the track to a safe standard. 15. The Town agrees to lease the MacLennan for a period of three (3) as determined in Item "1". building to John years for a charge 16. With just cause, this agreement may be terminated by either party prior to the maturity of the lease upon written notice sent to the other party by prepaid first class mail, whereupon this agreement shall terminate fourteen (14) days from the posting of the notice. . 17. This agreement is not assignable without the written permission of the Town. 18. John MacLennan acknowledges that he is and will be the sole owner of the business and anyone working in the building or associated with the building will be employees of John MacLennan and will be paid accordingly. IN WITNESS WHEREOF THE PARTIES HAVE HERETO SET THEIR HANDS AND SEALS SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF THE CORPORATION. Or THE· TOWN OF KIN~"~~".".--: ~~~~-j~ Mayor - Chaåes. W. -M~n :.""":.:" \ (~;>.":.:~"~;¿~;:/ Clerk - Maureen èÍ)~~'è ..' . ~ /¡¡;(L X~ ~ohn MacLennan '\fll ~\ ...... ~~Vl~N~ t~ oJ" ':..f..J h~ '; ~j oJ tJ L,KrJ'''' I ¡JOe.. ;;J.HO ~ ,ç. S -.5 10 7 [lv<-I1.J~-¡ . /V (SÍo.If/rv :.; "71_ 0"1'1 q lÓÓy'712.. Al:Cötiii'iti, T...~7/0'1ïJV~ I -CðdoWrfl','l , . .. .J . r-~-~- ~ 199'< , :,~,~' '\ "I: , '. L -- çH~\ID~ NO :..¿ A-. _ A '1 $IÖdd."'l:J ommerce /'00 ""'LARS ~~./?.-.- %%~-----.....--./ --.. < ::J ~'"D ¡Ol: 70.11087:1 2«' . '-~hJ ,-.. RECEIPT NOT VALID UNTIL CHEQUE HAS CLEARED BANK . "j', ' "1",\ I"~ ~\Ii" ,I, ~\!¡ \, 11')11 'J~,~' It f iN LEAS I '"