HomeMy WebLinkAbout07 206 Skid School Inc 2007 Lease Agreement
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THE CORPORATION OF THE MUNlCIPALlTY OF KINCARDINE
BY-LAW
NO. 2007-206
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A
LEASE AGREEMENT WITH SKID SCHOOL INC.
WHEREAS Section 8 (1) of the Municipal Act, 2001, S.D. 2001, c. 25, as
amended, provides that the powers of a municipality under this or any other Act
shall be interpreted broadly so as to confer broad authority on the municipality to
enable the municipality to govern its affairs as it considers appropriate and to
enhance the municipality's ability to respond to municipal issues:
AND WHEREAS pursuant to the said Municipal Act, Section 9 provides that a
municipality has the capacity, rights, powers and privileges of a natural person for
the purpose of exercising its authority under this or any other Act;
AND WHEREAS the Councll for The Corporation of the Municipality of
Kincardine deems it advisable to enter into a lease agreement with Skid School,
in consideration of the rents, covenants and obligations stipulated therein:
AND WHEREAS this lease agreement provides Skid School Inc. to rent a portion
of the premises that are part of the lands known municipally as 1475 Concession
5, Municipality of Kincardine and described as Concession A, Part Lot 29 and 30,
in the Municipality of Kincardine (former Township of Kincardine, for the term of 5
(five) years, to begin September 1, 2007 and to end August 31. 2012;
NOW THEREFORE the Council for The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the Corporation of the Municipality of Kincardine enter into a lease
agreement with Skid School Inc.
2. That the Mayor and CAO be authorized to sign, on behalf of The Corporation
of the Municipality of Kincardine, the Lease Agreement with Skid School Inc.
which is attached hereto as Schedule 'A' and to affix the 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 "Skid School Inc. 2007 Lease Agreement By-
law"
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Page 2
Skid School Inc. 2007 Lease Agreement By-law"
By-law No. 2007-206
READ a FIRST and SECOND TIME this 12th day of September, 2007
~1>o,Q,.,~
ayor Cler
TIME and FINALLY PASSED this 1ih day of September, 2007
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Clerk
This AGREEMENT made the Jgl'ti-
BETWEEN:
day of ..se-pta-h0C1Q1) , 2007
and-
THE CORPORATION OF THE MUNICIPALITY
OF KINCARDINE
This Is Schedule"d" to By.taw 1
hereinafter called the "Municipality' of the Fi'llJ.'art~T~ the -);).+'Cray
(J'-.~l~i~~
SKID SCHOOL INC.
Hereinafter called the" Lessee" of the Second Part.
WHEREAS the Municipality owns the Kincardine Municipal Administrative
Centre, located at 1475 Concession 5, R.R. 5, Kincardine, Ontario;
AND WHEREAS the Lessee requires a location from which to operate a safe
driving school;
AND WHEREAS the Lessee has entered into a Site Plan Control Agreement with
the Municipality;
AND WHEREAS this is intended to be an agreement for a period of five years
(September 1, 2007 to August 31, 2012);
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration
of other good and valuable consideration and the sum of TWO DOLLARS ($2.00)
of lawful money of Cariada, now paid by each of the two parties hereto, (the
receipt whereof is hereby acknowledged) the parties hereto covenant, promise
and agree with each other as follows:
1,0 LIST OF SCHEDULES ATTACHED
1.1 The following schedule is attached and forms part of this
agreement:
Schedule "A" - Site map to outline areas under Site Plan Control.
2.0 Liability Insurance
Indemnity
The Skid School Inc. agrees to indemnify and hold harmless the Municipality
from and against all suits, judgments, claims, demands, expenses actions,
causes of action and losses and for any and all liability for damages to property
and Injury to persons (including death) which the Municipality may incur,
otherwIse than by reason of their own negligence orwiltful misconduct, as a
result of or arising out of or in relation to any breach of the terms of thIs
Agreement, or the Municipality's own negligence or willful misconduct.
Insurance
The Skid School Inc. shall put in effect and maintain in its name, at its expense,
all the necessary insurance that would be considered appropriate for a prudent
tenant undertaking this type of operation for the pertod during which the
Agreement is in effect with insurers acceptable to the Municipality, including:
2.1 Commercial General Liability Insurance, for third party bodily injury,
persona! injury and property damage to an inclusive limit of not less than
Two Million Dollars ($2,000,000.00) per occurrence. The policy shall
include:
a. The Corporation of the Municipality of Kincardine as an additional
insured;
b. Crossllability
Page20f3
Skid School Rental Agreement
c. Contractual liability;
d. Contents coverage on a replacement cost basis for all property owned
by the Skid School Inc. and located at the Airport;
e. Non-Owned automobile coverage with blanket contraelual and physical
damage coverage for hired automobiles; and
f. A thirty (30) day written notice of cancellation
2.2 The Skid School Inc. shall provide the Municipality with a valid Certificate
of Insurance as evidence of the above coverages upon signing the
agreement. The Skid School Inc. shall provide the Municipality with any
renewal replacement certificates as may be necessary during the term of
the Agreement
3.0 Municioal Aaents
3_1 The Municipality's CAD shall ael as the agent for the municipality in
the administrative matters contained in this agreement. In addition,
the Municipality's Public Works Manager shalf ael in any bUilding or
grounds related matters contained in this agreement.
4.0 Rental Schedule
4.1 The lessee agrees to the following rental rates:
. Runway 2-3 Taxi-way only: $50.00 per day or $ 700.00 monthly.
4.2 The above rates do not include GST.
5.0 GENERAL
5_1 Either party may terminate this agreement with a sixty (60) day
notice period being utilized.
5.2 The term of this agreement is September 1, 2007 to August 31,
2012.
5.3 All exterior tanks must be painted in order to blend into the
landscape.
5.4 Monthly schedules shall be provided one month in advance.
5.5 The lessee acknowledges that bookings are on a first come, first
seNed basis and agrees to makes changes to the schedule if
unexpected events arise.
5.6 This agreement may be extended for a further 24 month period
subject to the agreement of the municipal agent and the Skid
School Inc. representative.
SIGNED, SEALED AND DELIVERED )
in the presence of )
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Witness )
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THE CORPORATION OF THE
MUNICIPALITY OF CARDINE
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ryKraemer
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CAO John deRosenroll
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INC.
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Jim McArthur
I have aulhorlty to bind Ihe Corporation.
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