HomeMy WebLinkAboutKIN 94 042 Bruce Condo Corp.
THE CORPORATION OF THE TOWN OF KINCARDINE
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BY-LAW
BY-LAW NO. 1994-42
A BY-LAW TO AUTHORIZE THE SIGNING OF A LEASE AGREEMENT WITH THE
BRUCE CONDOMINIUM CORPORATION NO. 1
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WHEREAS the Council for The Corporation of the
Town of Kincardine deems it advisable to enter into a lease
agreement;
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 Bruce Condominium Corporation No. 1 in
order that they may erect playground equipment on Town
lands.
2. That the mayor and clerk be authorized to sign, on behalf
of The Corporation of the Town of Kincardine, the
agreement with Bruce Condominium Corporation No. 1 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.
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4.
This by-law may
Corporation No.
be cited as the "Bruce Condominium
1 Playground Agreement By-law".
READ a FIRST and SECOND time this 7th day of July, 1994.
READ a THIRD time and FINALLY PASSED this 7th day of July,
1994.
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Clerk
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This AGREEMENT made this ~I:;T day of July, 1994.
BETWEEN:
THE CORPORATION OF THE TOWN OF KINCARDINE
hereinafter called the "Town"
of the First Part,
-and-
BRUCE CONDOKINIUM CORPORATION NO. 1
hereinafter called the "Lessee"
of the Second Part.
WHEREAS the Town owns the parcel of land as shown on
the attached map which is schedule "A" of this agreement;
AND WHEREAS the Lessee wishes to erect on these lands
playground equipment for the enjoyment of the children in
the surrounding area;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in considera-
tion of the rents, covenants and agreements hereinafter
reserved and contained on the part of the said Lessee, to
be paid, observed and performed, the Town has demised and
leased and by these presents doth demise and lease unto the
said Lessee;
ALL THOSE CERTAIN PREMISES described on Schedule "A" and
located in the Town of Kincardine.
1. TO HAVE AND TO HOLD the said premises for a five year
period to be computed from the first day of July, 1994
and ending on July I, 1999.
2.
YIELDING AND PAYING THEREFOR the sum of
($1.00), the receipt of which is hereby
for each year of this agreement payable
of this agreement. The Lessee covenants
to pay rent;
one dollar
acknowledged,
upon signing
wi th the Town
3.
The Lessee covenants to leave the premises in good
repair.
The Lessee covenants that the Town, through its
authorized agents, may enter and view the state of
repair during all reasonable hours.
5. The Lessee covenants that the demised premises will
not, during the said term, be at any time used for any
other purpose than that of a children's playground
area.
4.
6.
The Lessee covenants that if during the said term
desire to affix or erect playground equipment, it may
do so at its own expense at any time and from time to
time provided that the Lessee's rights to make such
alterations to the demised premises shall be subject
to the fOllowing conditions:
(1) THAT before undertaking any such alterations the
Lessee shall submit to the Town of Kincardine a
plan showing the proposed alterations and shall
obtain the approval and consent of the Town.
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Bruce Condominium Corporation
Page 2
7.
The Lessee shall provide to the Town proof that the
Town is named as an additional insured on their
insurance policy for an amount no less than
$1,000,000.
The Lessee covenants that, at the expiration of the
term hereby granted, or any renewal thereof, all
fixtures belonging to the Lessee shall be removed at
the Lessee's expense and the area returned to its
original state.
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8.
The Town covenants with the Lessee for quiet
enjoyment.
9. AND the Town shall not be responsible for any personal
injury which shall be sustained by the Lessee or those
using the playground area. All risks of any such
injury being assumed by the Lessee, who shall hold the
Town harmless and indemnified therefrom.
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10. The words importing the singular number only shall
include the plural and vice versa, and words importing
the masculine gender shall include the feminine
gender, and words importing persons shall include
firms and corporations and vice versa.
11. The Lessee shall have the right to renew this lease
upon its termination.
12. 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).
IN WITNESS WHEREOF the parties hereto have executed these
presents.
. SIGNED, SEALED AND DELIVERED )
in the presence of ) THE CORPORATION OF THE TOWN
) OF KINCARDINE
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) BRUCE CO CORP. NO.1
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- SUTTON PARK ESTATES'
TOWN OF KINCARDINE
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