HomeMy WebLinkAboutKIN 95 088 Dahmer Sign Rental
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THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW
BY-LAW NO. 1995-88
A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH CLARA
DAHMER.
WHEREAS the Council for The Corporation of the Town of
Kincardine deems it advisable to enter into an agreement with
Clara Dahmer to provide billboard space for a sign promoting
the Town of Kincardine.
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 Clara Dahmer to advertise its presence
using field signage;
2 .
That the mayor and clerk be authorized to sign, on behalf
of The Corporation of the Town of Kincardine, the
agreement with Clara Dahmer 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 "Dahmer Sign Rental
Agreement By-law".
READ a FIRST, SECOND and THIRD time this 21st day of December,
1995.
~rØ~
Mayor
Clerk
v
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This AGREEMENT made this 2lst day of December, 1995.
BETWEEN:
THE CORPORATION OF THE TOWN OF KINCARDINE
hereinafter called the "Town"
of the First Part,
-and-
CLAIRE DAHMER
herinafter called "Dahmer"
of the Second Part.
IiHEREAS the Town wishes to advertise its presence using
field signage;
AND IiHEREAS Dahmer is willing to provide billboard space
for a sign promoting the Town of Kincardine;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in considera-
tion of the premises and mutual promises and covenants
hereinafter contained, the parties hereby agree as follows:
The Town shall make use of a billboard
located on Dahmer's property located in
Township, and more commonly known as East
23, Concession 1, N.D.R.
1.
type sign
Kincardine
Part of Lot
2. The Town agrees to pay $350 per year due on the 31st
day of March for the exclusive use of the sign.
3. The term of this agreement shall run from the date of
signing until the 31st day of December 1998, with an
option to renew for a period of three years.
4. Dahmer shall not obstruct the visibility of the sign.
5. Dahmer shall maintain the area surrounding the sign.
6.
The Town shall shall
maintenance, upkeep,
required.
be responsible for the sign's
and M.T.O. permit(s), if
7. This Agreement shall enure to the benefit of and be
binding on the respective heirs, executors,
administrators, successors and assigns of the parties
hereto.
IN WITNESS WHEREOF the Town has hereto affixed its
corporate seal attested by the hands of its mayor and clerk
this 2l.s.t. day of December, 1995. Claire Dahmer has
hereunto set her hand this ~ day of December, 1995.
SIGNED, SEALED AND DELIVERED )
in the presence of )
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THE CORPORATION OF THE TOWN
OF KINCARDINE
D~#' ~~
Mayor - Char es W. Mann
Der:~JI£1t17 ,
Clerk - Maureen Couture
CLAIRE DAHMER
Der' ~ i5~
êialdD'ahmer
C,IQ('II..
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THIS AGREEMENT made the'2l~t day of December, 1995,
BETWEEN:
THE CORPORATION OF THE TOWN OF
KINCARDINE
hereinafter called the "Corporation"
OF THE FIRST PART
CHARLES KENNEY and MILDRED KENNEY
(hereinafter called the "Licensees")
OF THE SECOND PART
WHEREAS the Licensees have requested permission from the Corporation to permit the
encroachment onto part of the Railway Reserve and part of Goderich Street, in the Town of
Kincardine, in the County of Bruce, (hereinafter called the "Licensed Lands"), shown as Parcel
2 on the sketch annexed hereto as Schedule" A", of a one storey frame cottage belonging to the
Licensees which is known as 346 Goderich Street, Kincardine, Ontario:
NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration 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 Corporation hereby grants to the Licensees (insofar as the Corporation can legally
do so) licence and full permission and authority to enter upon the Licensed Lands for a term of
twenty (20) years to be computed from the 7th day of December, 1995 and ending on the 6th
day of December, 2015.
2. The Licensees covenant to pay to the Corporation an annual fee of $2,076.00 payable
quarterly in instalments of $519.00 each on the 7th days of March, June, September and
December in each and every year during the term of this Licence, the first such payment to
become due and payable on the 7th day of December, 1995.
3. The Licensees will always indemnify and keep indemnified the Corporation against all
actions, suits, claims and demands which may be brought against or made upon the Corporation
and against all loss, costs, damages, charges or expenses whatsoever which may be incurred,
sustained or paid by the Corporation in consequence of the exercise by the Licensees of the
permission hereby granted.
4. The Licensees further covenant as follows:
(a) To keep the Licensed Lands and the said cottage in a good state of repair, fit for
habitation and complying with health and safety standards;
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(b) To pay all municipal taxes and levies assessed against the structures and
improvements on the Licensed Lands;
(c)
Not to use the Licensed Lands for any business or for any other purpose than as
a seasonal residence; and
(d) Not to make any additions or alterations to the structures on the Licensed Lands
without the consent of the Corporation.
5. If the Licensees breach any provisions of this Agreement and such default continues for
thirty (30) days after the Corporation has delivered notice of said default to the Licensees then
the Corporation may terminate this Agreement by giving notice of termination to the Licensees,
such termination to be effective upon the date such notice is given.
6. The Licensees shall remove the cottage and any other structures or improvements erected
by the Licensees on the Licensed Lands within thirty (30) days of the termination of this
Licence, failing which the Corporation may proceed to remove the same and the Corporation
shall be entitled the recover from the Licensees the costs of such removal in any court of
competent jurisdiction.
7. Nothing herein shall be construed as giving the Licensees any more than permission to
use the Licensed Lands for better enjoyment of the cottage located thereon.
8. The Licensees shall not transfer or assign their interest in this Agreement without the
consent, in writing, of the Corporation, which consent cannot be unreasonably withheld, and the
Corporation may require the payment of a fee as a condition of granting such consent.
9. 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 (ill) sent by prepaid
courier service or mail addressed, in the case of notice to the Corporation, at 707 Queen Street,
Kincardine, Ontario, N2Z 1Z9, and in the case of notice to the Licensees at 346 Goderich
Street, Kincardine, Ontario, N2Z 2K2. 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 by notice to the other in the manner aforesaid.
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10. 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 Corporation has hereto affixed its corporate seal ~tteste by the
hands of the Mayor and the Clerk-Administrator of the Town of Kincardine, thi ayof
December, 1995, and the Licensees have hereunto set their hand and seals this day of
December, 1995.
SIGNED, SEALED and DELIVERED
in the presence of
ç&rahCllil
) THE CORPORATION OF THE TOWN OF
} KINCARDINE
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Mayor - Charles Mann -;~ : .,;,
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Clerk-Administrator - MaureencOOtÜre
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Charl~s Kenney
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