HomeMy WebLinkAboutKIN 92 068 Lease-Lk Hr Fish Clb
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THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW
BY-LAW NO. 1992-68
A BY-LAW TO AUTHORIZE THE SIGNING OF A LEASE AGREEMENT WITH THE
LAKE HURON FISHING CLUB
WHEREAS the Council for The corporation of
Town of Kincardine deems it advisable to enter into a
agreement with the Lake Huron Fishing Club.
NOW THEREFORE the Council for The Corporation of the Town
of Kincardine ENACTS as follows:
the
lease
1. That The Corporation of the Town of Kincardine enter into
a lease agreement with Lake Huron Fishing Club to use
part of Rotary Park for the operation of fish hatchery.
2. That the mayor and clerk be authorized to sign, on behalf
of The Corporation of the Town of Kincardine, the
agreement with the Lake Huron Fishing Club 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 "Lake Huron
Fishing Club Lease Agreement By-law".
READ a FIRST and SECOND time this 23rd day of July, 1992.
READ a THIRD time and FINALLY PASSED this 20th day of August,
1992.
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Reeve
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THIS INDENTURE made the
day of May, 1992
BET WEE N:
TBB CORPORATI:ON OF TBB T01QI OF ltJ:1ICARDJ:RB
hereinafter called the LBSSOR
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TBB LUB RUROII J'I:SRJ:NG CLUB
hereinafter called the LBSSBB
Premises
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 demised and leased and by these presents doth demise and lease
unto the said Lessee
ALL THOSE CERTAIN PREMISES known and described as:
A. Part of Lot 10, East of Huron Terrace Street, Plan 61,
Town of Kincardine, more particularly shown
outlined in red on the attached plan of survey
being Schedule "A" of this agreement.
B. Part of Lot 7, West of Huron Terrace Street, Plan
61, Town of Kincardine, more particularly
described in Schedule "B" of this agreement.
C. An easement to construct and maintain a water line
over pUblic streets between Parcels A and B.
Term
TO HAVE AND TO HOLD the said demised premises for and during
the term of 15 years, to be computed from the 1st day of May, 1992,
and from thenceforth ensuing and to be fully completed and ended on
the 30th day of April, 2007.
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Rental
YIELDING AND PAYING THEREFOR yearly the amounts as set out
herein:
FOR THE
CALENDAR YEAR
TOTAL
WHEN PAYABLE
May 1, 1992
1992
$1. 00
AND THEREAFTER the sum of $1.00 per annum, payable on the first day
of January, in each and every year.
The said Lessee covenants with the said Lessor to pay rent.
Repairs
AND to repair at its own expense and keep the premises,
including the walks and grounds and every part thereof, in good
order and condition.
AssiCJDIDent
AND the Lessee will not assign or sub-let the whole or any
part of the demised premises without leave of the Lessor; the
Lessee hereby waives and renounces the benefit of any present or
future act of the Legislature of ontario which would allow the
Lessee to assign or sub-let this lease without leave of the Lessor,
which leave shall not be unreasonably withheld. The assignment
transfer or conveyance whether direct or indirect of any or all of
the shares if the Lessee if it is a corporation, shall constitute
an assignment or sub-let for the purpose of this paragraph and will
require the prior consent of the Lessor.
Type Of Business
. THE Lessee acknowledges that the demised premises is a
sensitive and important tourist attraction area of the Lessor. It
is the intention of the parties that there shall be absolutely no
other use of the demised premises for any other purpose than the
following specific purposes
PARCEL A.- Fish hatchery and related equipment
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PARCEL B - Pump house and related equipment supplying fish
hatchery
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IN the event of a breach of this paragraph, the said term
herein may immediately become forfeited and void at the sole option
of the Lessor, and in addition, the Lessee shall have the right to
entry forthwith. In addition, the Lessor grants to the Lessee an
easement to lay and maintain a water line between Parcel A and
Parcel B.
signs
THE Lessee may from time to time during the term hereby
granted erect, paint, display, maintain, alter, change or remove
signs, but all such exterior signs shall require the prior written
approval of .the municipality. All such signs shall be dignified in
appearance and shall comply with the lawful requirements of
Municipal and government authorities. They shall remain the
property of the Lessee and shall be removed by it upon termination
of this lease. Upon the removal of such signs, the premises shall
be restored to their original condition save and except for
reasonable wear and tear. The Lessee shall indemnify the Lessor
against any loss, claims or damages caused to any person or thing
as a result of the placing or use of any sign on the premises.
compliance with By-law.
AT its own expense, the Lessee will comply with all
requirements of every applicable by-law, statute, law or resolution
and with every applicable regulation or order with respect to the
condition, equipment, maintenance, use or occupation of the
premises.
Blectric Pewer
THAT the Lessee will not, during the said term or at any time prior
or subsequent thereto, purchase, acquire or use any electric
current for lighting or other purposes except from the company or
corporation which shall for the time supply the Lessor with
electric current for such purposes in the said building; the
intention being that without the written consent of the Lessor,
there shañ1 be only one system of electric lighting in the said
building.
THE Lessee hereby covenants to pay all charges for electric
energy (for light and power) and gas used by the Lessee in the
demised premises.
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Bankruptcy Or I:nsolvency
THAT, if the term hereby granted or the goods and chattels or
the Lessee or any assignee or sub-tenant shall be at any time
seized or taken in execution or attachment, or if the Lessee or any
such assignee or sub-tenant shall make an assignment for the
benefit of creditors or shall become bankrupt or insolvent, or make
a proposal to its creditors or without the consent of the Lessor
being first obtained in writing, shall make a sale, under the Bulk
Sales Act, in respect of goods on the premises, or being a company
shall become subject to any legislative, enactment relating to
liquidation or winding up, either voluntary or compulsory, the said
term may immediately becolle forfeited and void at the sole option
of the Lessor and an amount equivalent to the next ensuing three
months. rent may be at once due and payable at the sole option of
the Lessor.
Protective I:nstallations
THE Lessee agrees to pay the cost of any installations,
additions, or alterations to the said premises that the Lessor may
be required to make by any Municipal, provincial or other governing
authority, to permit and license the said usage.
Distress
AND the Lessee further covenants, promises and agrees with the
Lessor that notwithstanding any present or future Act of the
Legislature of the Province of Ontario, none of the goods or
chattels of the Lessee at any time during the continuance of the
term hereby created on the said demised premises shall be exempt
from levy by distress for rent in arrears by the Lessee as provided
for by the said Section of said Act, and that upon any claim being
made for such exemption by the Lessee or on distress being made by
the Lessor, this covenant and agreement may be pleaded as an
estoppel against the Lessee in any action brought to test the right
·to the levying upon any such goods as are named exempted in the
said section, the Lessee waiving as he hereby does all and every
benefit that could or might have accrued to him under and by virtue
of the said section of the said act but for the above covenant.
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THE Lessor covenants with the Lessee for quiet enjoyment.
THE Lessee further covenants with the Lessor to pay all rates
including water rates, utilities and to pay all heating costs.
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Re-entry
PROVISO for re-entry by the said Lessor on non-payment of
rents or non-performance of any covenants herein.
Voidance Of Lease Vacant Or I:mproper Use
IT IS FURTHER DECLARED AND AGREED that in case the said
premises or any part thereof, become and remain vacant and
unoccupied for the period of ninety days, without the written
consent of the Lessor, this lease shall,- at the option of the
Lessor, cease and be void, and the term hereby created expire and
be at an end, anything hereinbefore to the contrary notwithstanding
and the proportionate part of the current rent shall thereupon
become immediately due and payable, and the Lessor may re-enter and
take possession of the premises as though the Lessee or other
occupant or occupants of said premises were holding over after the
expiration of the term; or in such case instead of determining this
lease as aforesaid and re-entering upon the demised premises, or
any part or parts thereof, and let and manage the same and grant
andy lease or leases thereof upon such terms as to the Lessor or
its assigns may appear to be reasonable, and demand, collect,
receive and distrain for all rental which shall become payable in
respect thereof, and apply the said rentals after deducting all
expenses incurred in connection with the demised premises and in
the collection of the said rent including reasonable commission for
the collection thereof and the management of the demised premises,
upon the rent hereby reserved, and the Lessor and its assigns and
every such agent acting as aforesaid from time to time, shall in so
acting be the agents of the Lessee, who alone shall be responsible
for their acts, and the Lessor and its assigns shall not be
accountable for any moneys except those actually received,
notwithstanding any act, neglect, omission or default or any such
agent acting as aforesaid.
Water ADd Gas Daaaqe
AND IT IS FURTHER DECLARED AND AGREED THAT the Lessor shall
not be liable for any damage to any property at any time upon the
demised premises arising from gas, steam, water, rain or snow,
which may leak into, issue or flow from any part of the said
building, 'or from the gas, water, steam or drainage pipes or
plumbing works of the same or from any other place or quarter or
for any damage caused by or attributable to the condition or
arrangement of any electric or other wires in the said building.
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Liability I:nsurance
THE Lessee shall deliver to the Clerk of the Corporation of
the Town of Kincardine upon demand, and maintain in effect during
the currency of this Agreement, a policy or policies of insurance
satisfactory solely to the said Clerk and insuring, among other
persons, the Corporation of the Town of Kincardine against loss or
damage as a result of the establishment, maintenance and use of the
property and/or anything done by the Lessee or any of its
employees, patrons or other persons who may be upon the demised
premises. It is agreed that the maximum amount of liability
insurance that the Lessor will require is $1,000,000.
JIIo AJ:Iat_ent Or Rent
THERE shall be no abatement from or reduction of the rent due
hereunder, nor shall the Lessee be entitled to damages, losses,
costs or disbursements from the Lessor during the term hereby
created on, caused by or on account of fire, (except as above),
water sprinkler systems, partial or temporary failure or stoppage
of heat, light, elevator, live steam or plumbing service in or to
the said premises or building, whether due to acts of God, strikes,
accidents, the making of alterations, repairs, renewals,
improvements, structural changes to the said premises or buildings
or the equipment or systems supplying the said services, or from
any cause whatsoever; provided that the said failure or stoppage be
remedied within a reasonable time.
THE Lessee hereby agrees and acknowledges that future
expansion of the sewage lift station on Parcel A is a possibility.
In the event that the Town engineer determines that this will
occur, and that such expansion shall be effected by the Lessee's
usage of Parcel A, he shall provide the Lessee with one year's
written notice, setting out the problem and proposed date of
expansion. In the event that the expansion can proceed with
modification to the Lessee's building, the Lessee agrees to
complete the modification at its own expense. If removal of the
'building is necessary, the Lessee shall remove the building within
the year and this Lease shall terminate.
Notices
THAT any notice which either of the parties is required or
permitted to give pursuant to any provision of this lease may, if
intended for the Lessee, be personally delivered to the Lessee or
one of his agents, servants, or employees, or given by writing left
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at the demised premises or mailed by registered mail addressed to
the Lessee at the demised premises, and if intended for the Lessor
by a writing left at the premises of the Lessor at
the municipal offices, Kincardine, Ontario, or mailed by registered
mail addressed to the Lessor at the Lessor's said premises, and
such notice shall be deemed to have been given at the time it was
delivered or mailed, as the case may be.
Business Rot To Be A øuisance
PROVIDED that the Lessee will not do or permit anything to be
done on the said premises or permit or keep anything therein which
may be annoying to the Lessor or which the said Lessor may deem to
be a nuisance and that no machinery shalL be used therein which
shall cause any undue vibration in or to the said premises and that
in case of the Lessor reasonably complaining that any machinery or
operation or process is a nuisance to it or which causes any undue
vibration or noise in the said premises, that upon receivinq notice
thereof, the said Lessee will immediately abate such nuisance. The
said Lessee covenants not to obs.truct or interfere with the rights
of the Lessor or other occupants of the said building or in any way
injure or annoy them or conflict with any of the rules and
regulations of the Board of Health or with any statute or municipal
by-law.
Satisfaction Of Council
THE Lessee must operate the said facility to the sole
satisfaction of the Council of the Lessor. In the event that the
Council is dissatisfied with the operation of the premises or any
of the uses carried out thereon, the Lessor may give the Lessee
forty-eight hours notice to cease and desist such action that is
not to the satisfaction of the council of the Lessor. In the event
the Lessee fails to cease and desist within 30 days, then this
lease may be terminated forthwith by the Lessor upon delivery of
written notice to the Lessee. And in addition, the Lessee shall
have the right to entry forthwith.
sewage
.In the event that Council of the Lessor is dissatisfied with the
control of effluent entering the Town sewage plant, the Lessor
shall give the Lessee 48 hours' notice to cease and desist .
, then this lease may be terminated forthwith by the Lessor
upon deliVery of written notice to the Lessee.
J:ndependent Contractor
UNDER no circumstances is the Lessee to be considered an
agent, servant or employee of the Lessor. The Lessee operates
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solely as an independent entity and may not bind the Lessor to any
contracts, agreements, arrangement or liabilities whatsoever.
OVer Holding
PROVIDED further and it is hereby agreed that should the
Lessee hold over after the expiration of this lease and the Lessors
thereafter accept rent for the said premises, the Lessee shall hold
the. said premises as a monthly tenant only of the Lessors but
subject in all other respects to the terms and conditions of this
lease.
Care Of property
THE Lessee shall, at the Lessee's own cost and expense, at all
times during the currency of this lease, keep the said land in a
neat and tidy condition, removing or causing to be removed
therefrom all papers, refuse, litter, waste or rubbish arising out
of the operations of the Lessee under this Lease, all to the
satisfaction of the Lessor. Upon expiration or the termination of
this lease, the Lessee shall repair the premises herein to the same
or better condition than the said premises were prior to the
execution of this lease, at the Lessee's sole expense. In the
event the Lessee breaches this provision the Lessor may undertake
whatever maintenance, clean up or repairs it deems necessary and
the cost of such repairs shall be recoverable against the Lessee,
together with all solicitor's costs, fees and disbursements with
respect to the collection of same.
Control Of Litter
IT is the intention of the parties hereto that the Lessee
shall take all reasonable actions to prohibit and to deter the
littering on the demised premises or any premises adjacent to the
demised premises.
Misrepresentation
IF this Lease has been secured by misrepresentation as to any
material fact, this Lease may be summarily cancelled by the Lessor
forthwith after 30 days prior written notice to the Lessee.
Risks Of J:njury
AND the Lessor shall not be responsible for any personal
injury which shall be sustained by the Lessee or any employee,
patron, or other person who may be upon the demised premises or in
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the said buildings or the entrances or appurtenances thereto, all
risks of any such injury being assumed by the Lessee. It is
further specifically agreed. that the Lessee herein does indemnify
and save harmless the Lessor from all claims, actions, costs,
including all legal costs on a solicitor and his own client basis,
and loss of every nature with respect to the following:
(a) A breach of or non-compliance with a covenant,
agreement or a condition on the part of the Lessee
contained in this lease.
(b) Injury, damages or claims to or by a person occurring
in or about the demised premises or on any adjacent
streets, roads or walkways, including death resulting
from the injury;
(c) Damage to or loss of property arising out of the use
and occupation of the demised premises or on any adjacent
streets, roads or walkways;
(d) The obligations of the Lessee to indemnify the Lessor are
to survive the termination of this lease in respect of any and
every event during the term. Nothing in this clause creates or
extends a right for the benefit of a third party. This indemnity
shall also include the negligence or wilful acts of the Lessee or
any of its employees, patrons, or any other persons, and the Lessee
shall at all times indemnify and save harmless the Lessor from and
against all claims and demands, loss, costs, damages, actions,
suits or other proceedings by whomsoever made, brought or
prosecuted, in any manner based upon, occasioned by or attributable
to the execution of these presents.
RUles ADd Regulations
THAT the Lessee and its employees, servants, agents and
patrons will at all times during the occupancy of the demised
premises observe and conform to such reasonable rules and
regulations as shall be made by the Lessor from time to time
including, but not limited to, the rules and regulations set forth
in Schedule "c" hereto and of which the Lessee shall be notified,
such rules and regulations being deemed to be incorporated in and
form part of these presents.
The words importing the singular number only shall include the
plural, arid 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.
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Unless the context otherwise required, 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.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands
and seals.
in the presence of
)
)The corporation of the Town
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) The
SIGNED, SEALED AND DELIVERED
Club
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)Pres1d nt
I have authority to bind the
corporation.
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SCRBDULB "A"
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SCHEDULB "B"
ALL AND SJ:NGULAR that certain parcel or tract of land and premises
situate, lying and being in the Town of ltincardine, in the County
of Bruce, and Province of ontario, being oClllpOsed of Part of Lot 7,
on the West side of Huron Terrace, Plan &1, in the Town of
ltincardiDe, more particularly described as follows:
COHNBNCING at the northeast angle of said Lot 7;
TRENCB Westerly along the north liait of said Lot 7, a distance of
95 feet;
TRENCB Southerly a distance of 45 feet more or less.
TRBNCB Basterly and parallel to the northerly liait, a distance of
40 feet more or less to a point.
TRBRCB Northerly a distance of 45 feet more or less to a point
distant 55 feet measured westerly along the northerly liait from
the east limit of said Lot;
TRBNCB westerly along the north liait a distance of 40 feet to the
point of coaaenc_ent.
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SCRBDULB "C"
1. A fence shall be erected and maintained around the stilling
pond.
2. Any discharge of effluent shall be in accordance with Ministry
of Environment standards and permit.
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