HomeMy WebLinkAboutKIN 92 025 Lease - Ont. Hydro
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THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW
BY-LAW NO. 1992-25
BEING A BY-LAW TO ENTER INTO A LEASE AGREEMENT WITH ONTARIO
HYDRO.
WHEREAS
expedient to
the leasing
Kincardine &
The Corporation of the Town of Kincardine deems it
execute an agreement with Ontario Hydro concerning
of certain lands at the Davidson Centre for
District;
NOW THEREFORE the Council for The Corporation of the Town
of Kincardine ENACTS as follows:
1. The mayor and clerk are hereby authorized to execute, on
behalf of The Corporation of the Town of Kincardine, the
attached agreement with ontario Hydro concerning the
leasing of certain lands at the Davidson Centre for
Kincardine & District, in order to erect a concrete
storage shed for use during nuclear emergency exercises.
2. This by-law shall come into full force and effect upon
its final passage.
3. This by-law may be cited as the "ontario Hydro Lease
Agreement By-law".
READ a FIRST and SECOND time this 19th day of March, 1992.
READ a THIRD time and FINALLY PASSED this 16th day of April,
1992.
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Mayor
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THIS AGREEMENT made in triplicate this 2nd day of April,
1992.
BETWEEN:
AND
THE CORPORATION OF THE TOWN OF KINCARDINE
(hereinafter called the wTownW)
of the first part;
ONTARIO HYDRO
(hereinafter called .ontario HydroW)
of the second part.
WHEREAS Ontario Hydro desires to erect a storage shed on
Town property located at the Davidson Centre for Kincardine
& District;
NOW THEREFORE THIS AGREEMENT . WITNESSETH that in
consideration of the premises and other good and valuable
consideration and the sum of TWO DOLLARS ($2.00) (the
receipt of which is hereby acknowledged), and the material
covenants and undertakings herein contained, the parties
hereto agree as follows:
1. Hydro shall erect a concrete storage building, no
larger than ten square (10) square metres in size, in
a location west of the west ramp at the Davidson
·Centre for Kincardine and District.
2. Ontario Hydro shall be responsible for obtaining a
building permit, if required, for the erection of the
building.
3. The Town reserves the right to request ontario Hydro
to remove or move the building at any time provided 30
days' written notice is given to ontario Hydro by the
, Town. Ontario Hydro shall, after removing the
building, restore the site to its original condition.
4. Subject to the provisions of clause number three (3)
above, this agreement shall expire on December 31,
1997. Extension of the agreement shall be at the
discretion of the Town at that time, and upon written
request from Ontario Hydro.
5. Ontario Hydro, on behalf of itself, its successors and
assigns in title, shall indemnify the Town against all
actions, suits, causes of action, claims and demands
whatsoever which may arise either directly or
indirectly by reason of Ontario Hydro undertaking this
project.
6.
The Town shall
reasonable access
location outside
time.
ensure that ontario Hydro has
to the storage building from a
the Davidson Centre itself at any
MISCELLANEOUS PROVISIONS
7. The words "Ontario Hydro", or the words "he" or "his"
where used in this agreement, in addition to their
accepted meanings, shall mean and include an
individual, an associate, a partnership, or an
incorporated company. Wherever the singular is used
herein, it shall be construed as including the plural,
and wherever the masculine is used herein it shall be
construed as including the feminine, and vice versa in
all cases.
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Ontario Hydro and the Town acknowledge that the supply
of any Town services to the lands which may be
undertaken or on behalf of the Town must first receive
the approval, with respect to certain of the Town
services referred to, of the Ministry of the
Environment.
The failure of either the Town or ontario Hydro to
insist upon the strict performance of the terms and
conditions hereof shall not constitute or be construed
as a waiver or relinquishment of either parties'
rights to thereafter enforce the same in accordance
with this agreement in the event of a continuing or
subsequent default on the part of either party.
10. It is mutually agreed that in the event that any
clause or provision of this agreement or any part
thereof shall be declared invalid, void or
unenforceable by any Court having jurisdiction, such
invalidity shall not affect the validity or
enforceability of the remaining portions of this
agreement unless the result would be manifestly
inequi table or unconscionable..
9.
11. It is agreed between the parties hereto that no party
shall be held responsible for damages caused by delay
or failure to perform its obligations hereunder when
such delay or failure is due to fires, strikes,
floods, acts of God, lawful acts of public
authorities, or delays which cannot reasonably be
foreseen or provided against.
12. This agreement when executed shall constitute the
entire agreement between both parties and, unless
otherwise provided in this agreement, this agreement
may not be amended, modified or terminated except in
writing signed.by the parties hereto.
13. Ontario Hydro shall perform its obligations hereunder
in compliance with any and all applicable federal,
provincial and local laws, rules and regulations, in
accordance with sound engineering and safety
practices, and in compliance with all reasonable rules
of the Town relative to the premises.
14. It is declared and agreed that this agreement and the
covenants, provisions, conditions and schedules herein
shall enure to the benefit of and be binding on the
respective heirs, executors, administrators,
successors or assigns of each of the parties hereto.
IN WITNESS WHEREOF the parties hereto have hereunto set
their hands and seals.
SIGNED, SEALED AND DELIVERED
in the presence of
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THE CORPORATION OF THE
TOWN OF KINCARD.tNZ·····..
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Witness:
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Ian Dufres ,
Emergency Preparedness
Officer
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) stan Franklin, Director,
) Nuclear Operations,
) Western Division
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