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HomeMy WebLinkAboutKIN 90 054 Lease - F. MacLennen . . THE CORPORATION OF THE TOWN OF KINCARDINE . . BY-LAW BY-LAW NO. 1990 - 54 WITH FINLAY MACLENNAN CONCERNING THE LEASE OF THE CONNAUGHT PARK HORSE BARNS WHEREAS the Council for The Corporation of the Town of Kincardine deems it expedient to enter into this agreement. NOW THEREFORE the Council of The Corporation of the Town of Kincardine (hereinafter call the Council) ENACTS as follows: 1. The Council hereby authorizes a contract between Finlay MacLennan and the Corporation of the Town of Kincardine for the rental of the horse barns at Connaught Park. 2. That the mayor and the clerk be and they are hereby authorized to execute and affix the corporate seal to an agreement dated the 16th day of August, 1990, between Finlay MacLennan and The Corporation of the Town of Kincardine attached hereto as Schedule "A". 3. This By-law may be cited as the Horse Barn Lease to Finlay MacLennan By-law. READ a FIRST and SECOND time L â ()¡~ Mayor this 2nd day of August, 1990. ~~ Deputy Clerk READ a THIRD time and FINALLY PASSED this 16th day of August, 1990. ~tJ/¡J&k Mayor erk ---.....- . . . BY-LAW NO. 1990 - 54 SCHEDULE 'A' THIS AGREEMENT made in duplicate this 16th day of August, 1990. BETWEEN: THE CORPORATION OF THE TOWN OF KINCARDINE hereinafter called the "Town" OF THE FIRST PART - AND - FINLAY MACLENNAN hereinafter called "Finlay MacLennan" OF THE SECOND PART WHEREAS the Town owns the land located immediately in the area known as "Connaught Park" and being more particularly described as Lots 1 and 2. north side of Broadway, Plan 4. Located on this land is a building (hereinafter called the "building") that is owned by the Town; AND WHEREAS Finlay MacLennan was the successful party proposing to lease a portion of the building for use in a horse training and boarding business, the use of the existing dirt racing track will be part of this agreement. NOW THEREFORE in consideration of the mutual covenants and conditions herein contained, the parties hereto covenant and agree with one another as follows: 1. The Town wi 11 lease a portion of the bui lding (40 feet x 60 feet) located on the lands of Connaught Park to Finlay MacLennan for the period of time running from September 1. 1990. to August 31, 1995. The Lease fee will be two thousand, four hundred dollars ($2.400.00) for the first year and will increase at a rate of 5% per year thereafter until the expiry of this lease. 2. Finlay MacLennan will pay on a quarterly basis beginning September I, 1990 and with subsequent payments on December 1. March 1 and June 1 and so on. 3. Finlay MacLennan agrees to maintain the cleanl iness of the building and surrounding area to the satisfaction of the Publ i c Works Manager or any other regul at ory body having jurisdiction over livestock handling. 4. Finlay MacLennan agrees to not store animal waste within the perimeter of the building for any extended period. and waste will be removed from the site on a daily basis. 5. Finlay MacLennan will have use of the existing track for training purposes. All track maintenance will be the sole responsibility of Finlay MacLennan. 6. Finlay MacLennan agrees the use of the track will be subject to the needs of the Agricultural Society. The Agricultural Society will have preferance over others for the use of the track and other lands within Connaught Park. 7. Finlay MacLennan agrees to maintain a minimum of $1,000.000.00 liability insurance while in occupation of. the building and race track. It is also the responsibility of Finlay MacLennan to ensure any other party wishing to utilize the barn or track on an individual basis has the equivalent $1.000,000.00 liability insurance coverage prior to residing in the building or using the grounds within Connaught Park. . . . /2 -...-....... . . -2- 8. Finlay MacLennan agrees to provide telephone and power to the building. 9. Finlay MacLennan agrees that the Town wi II not. in any way whatsoever. be liable or responsible, in any way, for any personal injuries either personally or to any other person who may be upon the premises. or for any loss or damage whatsoever. 10. Finlay MacLennan will be the sole operator of any horse boarding or training business on the premises, but stall rental will be given out on a fair and equitable basis and no bonifide client will be refused a stall lease. II. Finlay MacLennan agrees no alterations will be made to the building prior to approval by the Town. 12. The Town agrees to provide water for the use of the building. 13. Finlay MacLennan agrees to abide by all local. provincial and federal regulations and to obtain any permits which may be required. 14. The Town agrees to provide, on a limited basis, the use of a tractor to maintain the track to a safe standard. The tractor use will be conditional on prior approval from the Parks Department. 15. The Town agrees to lease the building to Finlay MacLennan for a period of 5 years for a charge as determined in Item "1". 16. With just cause. this agreement may be terminated by either party prior to the maturity of the lease upon written notice sent to the other party by prepaid first class mail, whereupon this agreement shall terminae fourteen (14) days from the posting of the notice. 17. This agreement is not assignable without the written permission of the Town. 18. Finlay MacLennan acknowledges that he is and will be the sole owner of the business and anyone working in the building or associated wi th the bui lding wi 11 be employees of Finlay MacLennan and will be paid accordingly. IN WITNESS WHEREOF THE PARTIES HAVE HERETO SET THEIR HANDS AND SEALS SIGNED. SEALED AND DELIVERED ) IN THE PRESENCE OF ) ) ) ) ) ) ) ) THE CORPORATION. OF THE T~¿ OF KI~~~~ ¡( n4d/Zll ~:_ Mayor - "" i 1 ~o.n £~-: f¡itness . ) ) ) ~~~",~- Fin ay ac ennan