HomeMy WebLinkAboutKIN 90 054 Lease - F. MacLennen
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THE CORPORATION OF THE TOWN OF KINCARDINE
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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.
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Deputy Clerk
READ a THIRD time and FINALLY PASSED this 16th day of August, 1990.
~tJ/¡J&k
Mayor
erk
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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.
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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 )
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THE CORPORATION. OF THE
T~¿ OF KI~~~~
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Mayor - "" i 1 ~o.n
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