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HomeMy WebLinkAboutKIN 94 077 Lease-Can Tire Corp -e e e e THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW BY-LAW NO. 1994-77 A BY-LAW TO AUTHORIZE THE SIGNING OF A LEASE AGREEMENT WITH CANADIAN TIRE CORPORATION, LIMITED FOR PART OF THE PHILIPS PLACE ROAD ALLOWANCE. WHEREAS the Council for The Corporation of the Town of Kincardine deems it advisable to enter into a lease agreement with Canadian Tire Corporation, Limited for part of the Philips Place road allowance; 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 Canadian Tire Corporation, Limited to lease part of the Philips Place 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 canadian Tire Corporation, Limited 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 "Canadian Corporation Lease Agreement By-law", Tire READ a FIRST and SECOND time this 3rd day of November, 1994. READ a THIRD time and FINALLY PASSED this 10th day of November, 1994. ~~~~ Mayor ~ Clerk ,'. ., , .. . . . '. . . This AGREEMENT made this 28th day of October, 1994. BETWEEN: THE CORPORATION OF THE TOWN OF KINCARI>INE hereinafter called the "Town" of the First Part, -and- CANADIAN TIRE CORPORATION, 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 Philips Place road allowance south of the subject property a distance of 4.0 metres, more or less, located between the property line and the curb of 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 WITlfESSETH 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 ONE DOLLAR ($1.00) 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 provisions of this Agreement, the Town hereby grants to the Licensee permission to maintain the said lease which permission shall expire on the 31st day of October, 2014 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. The Licensee hereby agrees to save harmless and keep indemnified the Town, on a solicitor and client basis, against all actions, suits, claims and demands which may be brought against or made upon the Town and from all losses, costs, damages, charges or expenses which may be incurred, sustained or paid by the Town in consequence of the lease permitted by this Agreement or otherwise by reason of the exercise of the Licensee of the permission hereby granted. The Licensee hereby grants to the Town full power and authority to settle any such actions, suits, claims and demands on such terms as the Town may deem advisable and hereby covenants and agrees with the Town to pay the Town, on demand, all moneys paid by the Town in pursuance of such settlement and also such sum as shall represent the reasonable costs of the Town or its solicitor in defending any such actions, suits, claims or demands, and this Agreement shall not be alleged as a defence by the Licensee in any action by any person of actual damage suffered by reason of the permission hereby granted by virtue of this Agreement. The Licensee agrees that all costs, charges and expenses paid by or incurred by the Town as aforesaid shall form and constitute a charge or lien on the said lands until discharged by payment thereof. 2. ';af~ . . License Agreement October 28, 1994 Page 2 . In the event the two fuel islands located on the licensee's property are removed or substantially destroyed without being replaced, this Agreement shall be terminated and the lease shall cease absolutely. 4. 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. 3. 5. The Licensee agrees that it will keep the leased area free of all encumbrances, including, but not limited to, signs and parked vehicles. . 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. 7. 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. 6. 8. 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, ~n writing, of such transfer or conveyance together with the name and address of the transferee or purchaser. 9. 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 Licensee at the address last known to the Town. . 10. On or before execution of this Agreement, the Licensee agrees to pay the Town's costs for the preparation of this Agreement, title searches at the Registry Office and the registration of this Agreement. 11. 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. . 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. 13, This Agreement is conditional upon the owner obtaining a minor variance for the installation of the pump island to be located 10.1 feet from the property line. 12. of and be respective the said ""ívJ; J, '. . ,"' . · · · . License Agreement October 28, 1994 Page 3 . 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 w~ w~ ne s ,;~ ) ) THE CORPORATION OF THE TOWN ) OF KINCARDINE ) ) ) ) ) ) ) ) ) ) ) ) CANADIAN TIRE CORPORATION, ) LIMITED: ) ~~ ,¿._~ ) Drew p, ) pe oleum ) ) ) ) ) ) ~ . , . -" "",- '. '. . '. ~ ..... ~ - -'. ",.-. , - -.- - .... - -/ . £~r /." ~nn "'::;+ - .. ~/ij/ c erk - Mauree~ ,/....... .,;~:¡;~......, "--... .,',' . - ,,"». - ~ '" ---::: ~/ '-./ ./ . - . . ,.'-, -^- - - ~ ~ ~~f:~e president~_~~~/ Real Estate and Construè~ìoñ- ~, ,"' . · · · . . SCHEDULE . A' All and singular that certain parcel or tract of land lying being and situate in the Town of Kincardine, County of Bruce, and more particularly described as Part of Block J, Plan Ml, Part 3, Registered Plan 3R-253, Town of Kincardine, County of Bruce. -/UJ ... . ," , ,.,...-..- . KING "'It.'" ....,.M...L. .....It · ~ "B" SCHEDULE - -"--+~'_.. -----. .--- ". ---~. ...- L& . IAN TIRE 5TOI'i!E CANAD ~ z > · · · · · z · · · LOCATtoN ~} _ GAL. IN>E",,,,,",,,,,,, STORAGE TANC& CONe. &J..Ae ~ L& 'rrf'ÞICAI.. LT6 II PILL eoxES RAeT"'" TYPI~>g} PER TANK fiTTING ~1l0~fvw/~V71i ~ 6"7/ (f /.l. /~E&& ¿'1-_ · LEASE AREA Wl- · 1.8,. -. '!x1 Pl YON cItu PRIce: , I I I ---J~-L_-ó'" ÞJ¡IL1ÞS þr .{.,ACE; 1/ 1\ ¡;u~ ',,- -