HomeMy WebLinkAboutKIN 96 027 1073 Sutton Street
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THE CORPORA TlON OF TH E TOWN OF KJ NCARDINE
BY-LAW
BY-LAW NO. 1996-27
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A BY-LAW TO AUTHORIZE THE SIGNING OF AN
AGREEMENT WITH CHERYL SMITH
WHEREAS the Council for The Corporation of the Town
Kincardine deems it advisable to enter into an agreement
Cheryl Smith for the use of Town owned lands;
of
with
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 Cheryl Smith in order to allow her the
use of certain Town owned land for a garden plot.
2. That the mayor and clerk be authorized to sign, on behalf
of The Corporation of the Town of Kincardine, the
agreement with Cheryl Smith which is 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 "Smith Use of 1073 Sutton
Street Agreement By-law".
READ a FIRST and SECOND time this 1st day of February, 1996.
READ a THIRD time and FINALLY PASSED this 4th day of April,
1996.
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,. Mayor
Clerk
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This ~ made this 29th day of March, 1996.
BETWEEN:
THE CORPORATION OF THE TOWN OF KINCARDINE
hereinafter called the "Town"
of the First Part,
-and-
CHERYL SMITH
herinafter called the "Smith"
of the Second Part.
WHEREAS Smith wishes to utilize property owned by the Town
of Kincardine;
AND WHEREAS the Town has no objection to this action;
NOW THEREFORE THIS ~ WITNESSETH THAT in considera-
tion of the premises and mutual promises and covenants
hereinafter contained, the parties hereby agree as follows:
1. The Town hereby grants permission for Smith to utilize
the land, commonly known as 1073 Sutton Street, as a
garden plot, for the purposes of raising vegetables
and other plants for the purposes of aesthetics and
for personal consumption.
2. Smith agrees to keep the said lands free from noxious
weeds and to otherwise maintain the property in a
orderly state.
3. If for any reason the Town requires the use of the
subject lands then Smith agrees that, upon receiving
thirty days written notice, that she will vacate the
said lands and that the Town shall not be liable to
pay any compensation whatever for or in respect of the
said use.
4.
Smith hereby agrees to save harmless and keep
indemnified the Town, on a solicitor and client basis,
against all actions, suits, claims and demands which
may be brought against or made upon the Town and from
all losses, costs, damages, charges or expenses which
may be incurred, sustained or paid by the Town in
consequence of the encroachment permitted by this
Agreement or otherwise by reason of the exercise of
the Smith of the permission hereby granted. The Smith
hereby grants to the Town full power and authority to
settle any such actions, suits, claims and demands on
such terms as the Town may deem advisable and hereby
covenants and agrees with the Town to pay the Town, on
demand, all monies paid by the Town in pursuance of
such settlement and also such sum as shall represent
the reasonable costs of the Town or its solicitor in
defending any such actions, suits, claims or demands,
and this Agreement shall not be alleged as a defence
by the Smith in any action by any person of actual
damage suffered by reason of the permission hereby
granted by virtue of this Agreement. The Smith agrees
that all costs, charges and expenses paid by or
incurred by the Town as aforesaid shall form and
constitute a charge or lien on the said lands until
discharged by payment thereof.
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This Agreement shall enure to the benefit of and be
binding on the respective heirs, executors,
administrators, successors and assigns of the parties
hereto (and shall run with the said land owned by the
parties) .
5.
IN WITNESS WHEREOF the parties hereto have hereunto
their corporate seals attested by the hands of their
authorized officers.
SIGNED, SEALED AND DELIVERED)
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THE CORPORATION OF THE TOWN
OF KINCARDINE
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Mayor - Charles W:;" Mann "".
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Clerk - Maureen A. .' µt~e--
CHERYL SMITH
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Cheryl S h