HomeMy WebLinkAboutKIN 94 077 Lease-Can Tire Corp
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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.
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Mayor
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Clerk
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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.
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License Agreement
October 28, 1994
Page 2
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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.
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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
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License Agreement
October 28, 1994
Page 3
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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
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) CANADIAN TIRE CORPORATION,
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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.
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