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HomeMy WebLinkAboutKIN 92 090 Agree-Agricultur Soc THE CORPORATION OF THE TOWN OF KINCARDINE . BY-LAW BY-LAW NO. 1992-90 A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH KINCARDINE AGRICULTURAL SOCIETY. WHEREAS the Council for The corporation of the Town of Kincardine deems it advisable to enter into a lease of certain premises known as the lean-to (overhang on storage shed) space at connaught Park. 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 Agricultural society to lease certain premises known as the lean-to (overhang on storage shed) space, at Connaught Park. 2. That the mayor and clerk be authorized to sign, on behalf of The Corporation of the Town of Kincardine, the agreement with Kincardine Agricultural Society 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 "Agricultural Society Lean-To Lease Agreement By-law". READ a FIRST and SECOND time this 1st day of October, 1992. READ a THIRD time and FINALLY PASSED this 15th day of October, 1992. ~--- Mayo . . ''', . '-'#;-"' " ~ -' ;;; '''0/ ~ THIS AGREEMENT made in TRIPLICATE October, 1992; this 15th day of BET WEE N : THE CORPORATION OF THE TOWN OF KINCARDINE (hereinafter called the "Lessor") of the first part; AND KINCARDINE AGRICULTURAL SOCIETY (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 demised and leased and by these presents doth demise and lease unto the said lessee; ALL THOSE CERTAIN PREMISES known as the lean-to (over hang on storage shed) at Connaught Park; 1. The Lessee shall pay a one time fee of $1,766.15 payable on the day this agreement takes effect, in return for which the Town recognizes that the Lessee has the right to use and access the lean-to (overhang on storage shed) space, at Connaught Park. 2. When the Lessee does not require the lean-to or use of same, the Lessee will allow the Town access and use of said space. 3. No other organization or individual may use the said space without written permission of the Lessee. 4. The Lessee notice to said space agrees to give forty-eight (48) the Town when it requires the use ( lean-to) . hours of the 5. 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. 6. The Lessor may at any time enter and view the state of repair of the premises. 7. This agreement is not assignable by the Lessee without the express written consent of the Lessor. . .2/ ~ . . ~.)~ Lean-To Lease Kincardine Agricultural Society Page 2 8. agrees to abide by all fire and building including ensuring the entrances are for safety reasons. The Lessee regulations, unencumbered 9. 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, during such time as the lean-to is being used by the Kincardine Agriculutral Society. All risks of any such injury being assumed by the Lessee, who shall hold the Lessor harmless and indemnified therefrom. However, during the times when the lean-to is not occupied by the Kincardine Agricultural Society it is hereby acknowledge that the responsibility for provision of adequate insurance shall be with the Lessor. 10. The Lessee shall provide to the Lessor adequate proof of insurance (for liability and personal property) to the satisfaction of the Lessor. 11. The 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. 12. The term of this agreement until Agreement will be lease shall be from the date of this May 1, 2006. Renewal of this at the discretion of the Lessor. 13. This agreement may be terminated by either party with reasOn by giving 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 Agricultural Society P.O. Box 591 Kincardine, Ontario N2Z 2Y9 - ....,. . . I. -~-~!~~;;~ -""'" ..- - ~'.~'.'l""".'+" ." Lean-To Lease Kincardine Agricultural Society Page 3 14. Should this agreement be terminated before the expiry date it is hereby agreed that funds paid will be refunded using a daily pro rated structure. 15. 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. 16. 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. IN WITNESS WHEREOF the parties hereto have executed these presents. SIGNED, SEALED AND DELIVERED in the presence of THE CORPORATION OF THE ) TOWN OF KINCARDINE: i~~ ) ) ) ) ) ) AGRICULTURAL ) ) ) ) ) ) ) ! kret¿~ ) -C/