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HomeMy WebLinkAboutKIN 92 003 Lease -Right to Life THE CORPORATION OF THE TOWN OF KINCARDINE . BY-LAW BY-LAW NO. 1992-03 A BY-LAW TO AUTHORIZE THE SIGNING OF A LEASE AGREEMENT WITH KINCARDINE & AREA RIGHT TO LIFE. WHEREAS the Kincardine & Area Right to Life (hereinafter called the "lessee") leases office space from The Corporation of the Town of Kincardine on the third floor of the Town Hall Annex¡ AND WHEREAS the Council for The Corporation of the Town of Kincardine and the lessee desire to renew said lease¡ 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 Kincardine & Area Right to Life to lease office space on the third floor of the Town Hall Annex¡ 2. That the mayor and clerk be authorized to sign, on behalf of The Corporation of the Town of Kincardine, the lease agreement with Kincardine & Area Right to Life¡ 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 January 2, 1992. 4. This by-law may be cited as the "Kincardine & Area Right to Life Lease Agreement By-law". READ a FIRST and SECOND time this 19th day of December, 1991. READ a THIRD time and FINALLY PASSED this 2nd day of January, 1992. · lfÚ~/ -'co",;!': . . THIS AGREEMENT made in TRIPLICATE December, 1991; this 19th day of . BET WEE N : THE CORPORATION OF THE TOWN OF KINCARDINE (hereinafter called the "Lessor") of the first part; AND KINCARDINE & AREA RIGHT TO LIFE (hereinafter called the "Lessee") of the second part. WITNESSETH that in consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the said lessee, to be paid, observed and performed, the said lessor has d~mised and leased and by these presents doth demise and lease unto the said lessee; ALL THOSE CERTAIN PREMISES known as the northeast office on the third floor of the Town Hall Annex, 721 Queen Street, Kincardine, Ontario (hereinafter referred to as "the premises") ; 1. The Lessee shall pay a monthly rent of $50.00 (fifty dollars), payable in advance on the first business day of each month to the Town of Kincardine. Any provincial or federal tax payable on this rent shall be in addition to the amount stated herein. 2. The Lessee agrees that at the conclusion of this lease agreement (or any subsequent agreement which may extend the term of this lease) the premises must be restored to their original condition, and to the satisfaction of the Lessor. 3. The Lesso7 agrees to provide to the Lessee a key to the pr~ses upon payment by the Lessee of a refundable $10.00 (ten dollar) deposit. Such deposit will be returned to the Lessee upon return of the key at the termination of this agreement. 4. The Lessee shall be responsible for any and all property taxes that may be assessed against the property as a result of the lessee occupying the premises. 5. The Lessor may at any time enter and view the state of repair of the premises. 6. This agreement is not assignable by the Lessee without the express written consent of the Lessor. . The Lessor agrees that the premises will not, during the term of the agreement, be at any time used for any other purpose than the carrying on of the charitable business known as "Right to Life". a. The Lessor agrees that no goods, fixtures or chattels shall be removed from the premises without the written consent of the Lessor. . 7. 9. The Lessor agrees to allow the Lessee to erect a sign on the door of the building and on the door of the office; the size, colour and type to be approved by the Lessor prior to the erection of such sign(s). r. ",."~~.:.:." ", . , -2- . 10. The Lessee agrees to abide by all fire and building regulations, including ensuring the stairwells and entrances are unencumbered for safety reasons. 11 . The Lessor shall not be responsible for any personal injury which shall be sustained by the Lessee or any employee, customer or other person who may be upon the premises or in the building or the entrances or appurtenances thereto. All risks of any such injury being assumed by the Lessee, who shall hold the Lessor harmless and indemnified therefrom. 12. The Lessee shall provide to the Lessor adequate proof of insurance (for liability and personal property) to the satisfaction of the Lessor. 13. 'l'he Lessee covenants with the Lessor that his said business to be so carried on in the said building will not be of such a nature as to increase the insurance risk on the said premises or cause the Lessor to pay an increased rate of insurance premiums on the said premises by reason thereof and it is distinctly understood that in case said business so carried on by the Lessee is or becomes of such a nature to increase the insurance risk or causes the Lessor and/or other occupants of the said building to pay an increased rate of insurance premiums, that the Lessee will from time to time pay to the Lessor the increased amount of insurance premiums which the Lessor and other occupants of said building have to pay in consequence thereof; provided that the Lessee covenants that he will not carry on or permit to be carried on any business in the said building which may make void or voidable any insurance held by the Lessor or the other occupants of the said building. 14. The term of this lease shall be from the date of this agreement until December 31, 1992. Renewal of this Agreement will be at the discretion of the Lessor. 15. This agreement may be terminated by either party with 30 days' written notice given to the other, by regular mail, at the following addresses: Lessor's Address: The Corporation of the Town of Kincardine 707 Queen street . Kincardine, ontario N2Z lZ9 Lessee's Address: . Kincardine & Area Right to Life P.O. Box 252 Kincardine, Ontario N2Z 2Y7 16. In this agreement, words importing the singular shall include the plural and vice-versa, and words importing the masculine gender shall include the feminine gender, and words importing persons shall include firms and corporations, and vice-versa. 20. Unless the context otherwise requires, the word "Lessor" and the word "Lessee" wherever used herein shall be construed to include and shall mean the executors, administrators, successors and/or assigns of the said Lessor and Lessee, respectively, and when there are two or more Lessees bound by the same covenants herein contained, their obligations shall be joint and several. , . . .-'~ "'.~ -3- IN WITNESS WHEREOF the parties hereto have executed these presents. SIGNED, SEALED AND DELIVERED in the presence of Yl'r~ . J.tn s } THE CORPORATION OF THE ~/ ) y õ -.:: :.':: : .: . .... } . "" ,~.: -.:: .,. :.' ~....- ~.'" ..~......;;.' } ., "'..... '" _~:~~w .,:.' ....'" .... ,- ... r } } KINCARDINE & AREA RIGHT } TO LIFE: } } } ~-þ~/ } P eside }