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HomeMy WebLinkAboutKIN 95 058 Lease - Threndyle e e e e THE CORPORA TION OF THE TOWN OF KINCARDINE BY-LAW BY-LAW NO. 1995-58 A BY-LAW TO AO':raORIZB TBB SIGNING OF A LEASB AGRBBMBN'l' WHEREAS the Council for The Corporation of the Town of Kincardine deems it advisable to enter into a lease agreement with Bruce Threndyle 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 TBBREFORE the Council for The Corporation of the Town of Kincardine BNACTS as follows: 1. That The Corporation of the Town of Kincardine enter into an agreement with Bruce Threndyle to lease those premises commonly known as the horse barn in Connaught Park. 2. That the mayor and clerk be authorized to sign, on behalf of The Corporation of the Town of Kincardine, the agreement with Bruce Threndyle which is attached to this by-law and to affix the Town's Corporate seal as and when required. The by-law shall come into full force and effect upon its final passage. 4. This by-law may be cited as the "Threndyle Horse Barn Lease Agreement By-law". 3. READ a FIRST and SBCOND time this 21st day of September, 1995. READ a THIRD time and finally PASSED this 21st day of September, 1995. ~~~/ Mayor Clerk .. , - "e THIS AGREEMBN'l' made in triplicate this 21st day of September, 1995; BETWEEN : THE CORPORATION OF TBB TOWN OF KINCARDINE hereinafter called the "Town" OF THE FIRST PART -AND- BRUCE THRENDYLE hereinafter called "Bruce Threndyle" OF TBB SECORD PAR'.r . 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 Bruce Threndyle was the successful ~arty proposing to lease a portion of the building for use ~n a horse training and boarding business, the use of the existing dirt racing track will be part of this agreement. NOW THEREFORE 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 Bruce Threndyle for the period of time running from September 1st, 1995 to August 31, 1998. 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. Bruce Threndyle will pay on beginning September 1st, 1995 payments on December 1st, March on. a quarterly basis and with subsequent 1st, June 1st and so . 3. Bruce Threndyle 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. Bruce Threndyle agrees not to store animal waste within the perimeter of the building for any extended period and that waste will be removed from the site on a daily basis. 5. Bruce Threndyle will have use of the existing track for training purposes. All track maintenance will be the sole responsibility of Bruce Threndyle. 6. Bruce Threndyle 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. Bruce Threndyle agrees to maintain a ~n~um of $1,000,000 liability insurance while in occupation of the building and race track. It is also the responsibility of Bruce Threndyle to ensure any ...2 . ~I - - j Page 2 ~ ' G~~~~a.rty wi~Qipq to utilize the barn or track on an indivì~l-- basis has the equivalent $1,000,000 liability insurance coverage prior to residing in the building or using the grounds within Connaught Park. 8. Bruce Threndyle agrees to provide telephone and power to the building. 9. Bruce Threndyle 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. Bruce Threndyle 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. Bruce Threndyle 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. Bruce Threndyle agrees to abide by provincial and federal regulations and to permits which may be required. 14. Bruce Threndyle agrees to maintain the track to a safe standard. all local, obtain any -' " 15. The Town agrees to lease the building to Threndyle for a period of three (3) years for a as determined in Item "1". Bruce 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. Bruce Threndyle 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 Bruce Threndyle and will be paid accordingly. , IN WITNESS WHEREOF THE PARTIES HAVE HERETO SET THEIR HANDS AND SEALS THE CORPORATI0ti0pTHE TOWN OF KINC~I.~B·· u. <. . ~ SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF .' . ~.... ...~. yor - C ad.e.ß. W. ~n ..':;'. ~\~:.... .c.:.....~..'.,:. ._~- "-- ." ~ ~. , ~ .../. - . ".~ ; "~., ,'. ~ ,. Clerk - Maureen Couture ..