HomeMy WebLinkAboutKIN 96 032 Lease - Horse Barn
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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
-¿¿~
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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
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Page 2
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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~"~~".".--:
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Mayor - Chaåes. W. -M~n :.""":.:"
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Clerk - Maureen èÍ)~~'è ..'
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~ohn MacLennan
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RECEIPT NOT VALID UNTIL CHEQUE HAS CLEARED BANK
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