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/