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HomeMy WebLinkAboutKIN 95 021 Lease-Watson Propty - e e e THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW BY-LAW NO. 1995-21 A BY-LAW TO AUTHORIZE THE SIGNING OF A LEASE AGREEMENT WITH WATSON PROPERTIES SINCE 1879 LIMITED. WHEREAS the Council for The Corporation of the Town of Kincardine deems it advisable to enter into a lease agreement for a portion of the Broadway st. road allowance with Watson Properties since 1879 Limited; 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 Watson Properties since 1879 Limited for a portion of the Broadway street road allowance. 2. That the mayor and clerk be authorized to sign, on behalf of The Corporation of the Town of Kincardine, the agreement with Watson Properties since 1879 Limited which is attached to this by-law and to affix the Town's Corporate seal as and when required. This by-law shall come into full force and effect upon its final passage. 3. 4. This by-law may be cited as the "Watson Properties Lease Agreement By-law". READ a FIRST and SECOND time this 16th day of March, 1995. READ a THIRD time and FINALLY PASSED this 6th day of April, 1995. ~ Mayor . - '. . . . ·-t This AGREEMENT made this 6th day of April, 1995. BETWEEN: THE CORPORATION OF THE TOWN OF KINCARDINE hereinafter called the "Town" of the First Part, -and- WATSON PROPERTIES SINCE 1879 LIMITED hereinafter called the "Licensee", of the Second Part. WHEREAS the Licensee is the owner of the lands, more particularly described in schedule "A" attached hereto; AND WHEREAS the Licensee has requested permission from the Town to lease part of the Broadway Street road allowance north of the subject property a distance of 20.0 metres, more or less, located between the property line and the travelled portion of the said road allowance. This area is more particularly shown as the cross-hatched area on the sketch on Schedule "B" attached hereto. NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the premises and the sum of TWO DOLLARS ($2.00) of lawful money of Canada, now paid by the Licensee to the Town and in consideration of an annual fee of TEN DOLLARS ($10.00) payable by the Licensee to the Town each year on the anniversary date of this Agreement, or in a lump sum in advance, the parties hereto covenant, promise and agree with each other as follows: 1. Subject to the fulfillment of the provisions of this Agreement, the Town hereby grants to the Licensee an exclusive right to use the "Licensed Lands" (sometimes herein after referred to as the "leased area" or "leased lands" or "the said lands") which shall be those lands shown in "cross hatching" on Schedule "B" hereto and forming part of this Agreement, and which Licensed Lands lie to the immediate north of the Licensee's adjacent lands, as are otherwise described in Schedule "A" to this Agreement, and which Licensed Lands otherwise lie within the road allowance of Broadway Street in the Town of Kincardine, and being those lands therein the road allowance which lie to the south of the travelled highway within Broadway Street. 2. This License Agreement shall expire on the 31st day of March, 2015 unless renewed on or before that date, but such lease shall be deemed to be with the license of' the Town to the intent that the Licensee shall not acquire an easement therefor. 3. This License Agreement may be renewed for a further period of 20 years within the last year of the currency of this Agreement, or any extension thereof, on terms then mutually agreeable to the Town and the Licensee, provided such agreement is concluded before the end of the 11th month of the last year of that term of this License Agreement. r . . . . " . License Agreement April 6, 1995 Page 2 4. The Licensee covenants and agrees to annually provide to the Town evidence of the existence of an issued policy of third party liability insurance in respect to the Licensed Lands, namely part of Broadway street within the Town limits, as is otherwise described in this Agreement, in a coverage sum of at least $1 million dollars. Such policy shall, in either its separate or combined forms, name both the licensee and the Town as the "Named Insured" therein, as their respective interests may appear. The Insurer, issuing such policy, shall be required to notify both "Named Insured" in writing, in the event of any default thereunder, or of any claim being made upon such policy, or of any failure to renew such policy. The cost of any insurance premium for the coverage under such policy shall, at all times, be borne by the Licensee. In the event the northernmost building located on the licensee's property is removed or substantially destroyed without being replaced, this Agreement shall be terminated and the lease shall cease absolutely. 6. If for any valid reason the Town requires the use of the lands on which this lease applies, then the Licensee agrees that, upon receiving three months written notice, that they will cease to use the leased lands and it is agreed that the Town shall not be liable to pay any compensation whatever for or in respect of the said lease. The Town covenants that the erection of a building by the Town on the said road allowance shall not constitute a valid reason for termination of the lease. 5. 7. The Licensee agrees that it will keep the leased area free of all encumbrances, including, but not limited to, permanent signs not greater than 2 square metres. The Licensee may place portable structures, such as picnic tables and shelters on the leased area but not, however, without securing permission from the Town in advance. The Licensee agrees that it will, at its own expense, be responsible for all maintenance and repairs of the leased area, including snow removal and asphalt patching. 9. The parties hereto agree that the boundary lines shall remain the boundary between the two properties, notwithstanding the existence of the present license agreement and the licensee shall not acquire title by possession or prescription to any of the land of the Town. 8. 10. The Licensee agrees that, if it shall transfer or convey the said lands or any part thereof, the Licensee shall notify the clerk of the Town, in writing, of such transfer or conveyance together with the name and address of the transferee or purchaser. 11. The Licensee agrees that any notice required to be given by this Agreement may be given to the Licensee by mailing the same, post paid, addressed to the ~I Licensee at the address last known to the Town. a 12. On or before execution of this Agreement, the Licensee agrees to pay the Town's costs for the pr7paration of . this Agreement, title searches at the Reg~stry Office and the registration of this Agreement. .. ./3 · · . · , License Agreement April 6, 1995 Page 3 13. The Licensee agrees to indemnify the Town, its servants and agents against any legal liability arising out of the execution of this Agreement and for losses, damages claims, actions, demands, suits and costs arising directly or indirectly from anything done by the Licensee or any servant, contractor or agent of it other than the Town, whether or not in performance of this Agreement, and to provide proof of public liability and property damage insurance for this purpose in the names of itself and the Town in a form approved by the Town's solicitor. 14. This Agreement shall enure to the benefit binding upon the parties hereto and their successors and assigns and shall run with land owned by the parties. of and be respective the said IN WITNESS WHEREOF the Licensee has hereto affixed its corporate seal under the hands of its duly authorized officers in that behalf and the Town has hereunto affixed its corporate seal under the hands of its mayor and clerk. SIGNED, SEALED AND DELIVERED in the presence of ) ) THE CORPORATION OF THE TOWN ) OF KINCARDINE ) '". ) .<...........--.<:........ ~~..... . '.~..... ) ~~.. ayor - ar ~~It: :.~ g ) :c. - - .:¡:;_ } ) ~ ~._-- - ~-- ~~.I ::: " . - -.... '" ) . //- ". ..' .'- " ) . ~'- :.;:..:.,.:.,>", .' ) - Maureen A. còutu~e ) ) SINCE 1879 ) ) ) ) ) ) 7Ý?~L~s.--... Witn s · · . · SCHEDULE· A' WATSON LICENSE AGREEMENT All and Singular that certain parcel or tract of land or premises situate lying and being in the Town of Kincardine, County of Bruce, and more particularly described as the whole of Block B, Plan M-33, Town of Kincardine, County of Bruce and the Whole of Block K, Plan M-33, Town of Kincardine, county of Bruce, less parts 1, 2, 3, 4, 5 and 6 on Reference Plan 3R-2969, SAVE AND EXCEPT Parts of said Block K designated as Parts 1, 2, 3, 4, 5 and 6 on Reference Plan 3R-3527. ~ µ .~ WATSON LEASE AGREEMENT , SCHEDULE "B" , ° .....: .. ~ ~ ~/Leased Area . BROAOWAì' STREET EAST . _..-.-~-_._.- .. 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