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HomeMy WebLinkAboutKIN 92 068 Lease-Lk Hr Fish Clb . . 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. f/ C?¿~/! Reeve · , " " 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 - and - 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. 1 . , 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 2 · Page 3 PARCEL B - Pump house and related equipment supplying fish hatchery , 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. · , Page 4 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. \ 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. · , Page 5 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. · , Page , 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 · , Page 7 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 · , Page 8 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 · I Page 9 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. · I , Page 10 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 )of ~~ )per: ~ _ ) / ';F~--- & ) /" --5~~ ) ) The SIGNED, SEALED AND DELIVERED Club ) )Pres1d nt I have authority to bind the corporation. · I " Page 11 SCRBDULB "A" · I .' Page 12 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. · Page 13 .~ - $ - 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. I