HomeMy WebLinkAboutKIN 95 058 Lease - Threndyle
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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.
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Mayor
Clerk
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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
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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.
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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.
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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
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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.
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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.
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IN WITNESS WHEREOF THE PARTIES HAVE HERETO SET THEIR
HANDS AND SEALS
THE CORPORATI0ti0pTHE
TOWN OF KINC~I.~B·· u. <.
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SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF
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Clerk - Maureen Couture
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