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HomeMy WebLinkAboutKIN 92 025 Lease - Ont. Hydro . . 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. ~)ò-~/ Mayor e 4.... -~... . . >'-'»" 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. .. ./2 ...L. -,. 8. , -2- 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 ... ~- ~~., . THE CORPORATION OF THE TOWN OF KINCARD.tNZ·····.. ~.' ... - -'. . .~ ,:'~>::.. -- .w~_~~::.<;.-;--.....,.... -.~~ .~ -,"f ...- ~...'- :::. Witness: J~~~ Ian Dufres , Emergency Preparedness Officer ~ :¿Å~jt~ ) stan Franklin, Director, ) Nuclear Operations, ) Western Division .-:~. -~.... .~