HomeMy WebLinkAbout09 080 Land Lease Agreement (Steven Ferris) By-Law
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
KBT
BY-LAW
NO. 2009 - 080
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A LEASE AGREEMENT
WITH DONALD STEVEN FERRIS
WHEREAS Section 110 of the Municipal Act, 2001, S.O. 2001, c.25, as amended
authorizes that municipalities may enter into agreements for the provision of municipal
capital facilities and that those agreements may allow for the lease of the facilities;
WHEREAS Sections 8 (1) and 9 of the said Municipal Act, provides that the powers of a
municipality under this or any other Act shall be interpreted broadly so as to confer broad
authority on the municipality to enable the municipality to govern its affairs as it
considers appropriate and to enhance the municipality's ability to respond to municipal
issues and a municipality has the capacity, rights, powers and privileges of a natural
person for the purpose of exercising its authority under this or any other Act;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine deems
it advisable to enter into a lease agreement with Donald Steven Ferris, for the rental of
municipal lands described as Part Lot 59, Plan 210 being Parts 1 & 2 on 3R8687,
Municipality of Kincardine [geographic Village of Tiverton], County of Bruce;
NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine
ENACTS as follows:
1. That The Corporation of the Municipality of Kincardine enter into a lease
agreement with Donald Steven Ferris for the rental of municipal lands described
as Part of Lot 59, Plan 210 being Part 1 & 2 on 3R8687, Municipality of
Kincardine [geographic Village of Tiverton], County of Bruce.
2.
That the Mayor and CAO be authorized and directed to execute, on behalf of The
Corporation of the Municipality of Kincardine, the lease agreement with Donald
Steven Ferris, attached hereto as Schedule "A" and forming part of this By-law
and to affix the corporate seal of the Municipality of Kincardine.
3. That this by-law shall come into full force and effect upon its final passage.
That this by-law may be cited as the "Land Lease Agreement (Steven Ferris),
By-law".
READ a FIRST and SECOND time this 3'd day of June, 2009.
cR~-Sl::- ~
Mayor
4.
Thx,.u, ~.~
Clerk .
READ a THIRD time and FINALLY PASSED this 3rd day of June, 2009.
cR7Y2~
~'-1r'I<>A-~...QD
Clerk
Schedule 'A' to By-law No. 2009 - 080
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
(hereinafter called the "Lessor" of the First Part)
And
Donald Steven Ferris
(hereinafter called the "lessee" of the Second Part)
THIS AGREEMENT WITNESSETH THAT in consideration of the rents, covenants and
agreements hereinafter reserved and contained on the part ofthe 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 the premises;
AND FURTHER that the Lessor and Lessee agree as follows:
1. The lands to be rented are more particularly described as Part Lot 59, Plan 210
being Part 1 on 3R8687 and Part Lot 59, Plan 210 being Part 2 on 3R8687,
Municipality of Kincardine, (formerly Village of Tiverton) County of Bruce,
known municipally as the Tiverton Cemetery, situated on King St., hereinafter
referred to as the "lands" and shown on Schedule "A" attached.
2. The Lessor shall rent approximately 12 acres of unused vacant land to the Lessee.
Machinery meters will be used to determine the acreage available. However, if
both parties do not agree upon the acreage measured, a third party will be used to
measure the actual acreage.
3. The Lessee will have and hold the said lands for the term of June 4, 2009 to
December 31, 2009
4. The Lessee shall pay rent of $50.00 per acre plus GST due and payable the 30th
day of June with payment to be made by cheque or cash. (Six hundred thirty
dollars $630.00)
5. The Lessee shall not be responsible for any property taxes that may be assessed
against the lands as a result of the Lessee occupying the lands.
6. The Lessee covenants to use the lands described for legal farming practices only
with the crop to be planted at the discretion of the Lessee.
7. The Lessee shall practice reasonable and responsible farming practices such as the
addition of fertilizer and weed control so that the long term welfare of the soil is
maintained.
8. If a crop has been planted but not harvested prior to early termination initiated by
the Lessor, the Lessee will be entitled to compensation to be negotiated between
the Lessor and Lessee which shall include but is not limited to labour supplied or
expended and costs such as tillage, seed, fertilizer and spray. In the event that the
Lessor and Lessee cannot agree on the appropriate level of compensation, they
shall jointly appoint a mediator such as a certified crop advisor to set the amount
of compensation which shall be binding on both parties.
9. The Lessee covenants that the Municipality, through its authorized agents, may
enter and view the state of the lands during all reasonable hours.
10. Proviso for re-entry of the lands by the Lessor on non-payment of rent or non-
performance of covenants.
II. The Lessee agrees to fully indemnify and hold harmless the Lessor from and
against all suits, judgments, claims, demands, expenses, actions, causes of action
and losses of any kind and for any and all liability for damages to property and
injury to persons (including death) which the Lessor may incur, sustain or suffer
as a result of, arising out of or in any way related to the matters addressed in this
Agreement, unless such losses are caused solely by the Lessor's own gross
negligence or willful misconduct.
12. The Lessee shall put in effect and maintain in his name, at his expense, all the
necessary insurance that would be considered appropriate for a prudent Lessee
undertaking this type of operation for the period during which the Agreement is in
effect with insurers acceptable to the Lessor, including:
Farm Liability Insurance, for third party bodily injury, personal injury and
property damage to an inclusive limit of not less than Two Million Dollars
($2,000,000.00) per occurrence. The policy shall include:
a. The Corporation of the Municipality of Kincardine as an additional
insured;
b. Pollution Liability
c. A thirty (30) day written notice of cancellation
The Lessee shall provide the Lessor with a valid Certificate of Insurance as
evidence of the above coverages by June 15, 2009. The Lessee shall provide the
Lessor with any renewal replacement certificates as may be necessary during the
term of the Agreement.
13. This lease is not assignable by the Lessee without the express written consent of
the Lessor.
14. This agreement may be terminated prior to December 31, 2009 by either party by
providing not less than sixty (60) days written notice.
15. Following the term of this agreement, if the Lessor deems it advisable to lease the
lands for a further term, such lease shall be subject to lease through a competitive
process.
16. Unless the context otherwise requires, the word "Lessor" and "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 where there are two or more Lessee bound by the same
covenants herein contained, their obligations shall be joint and several.
17. Any notice which either of the parties is required or permitted to give pursuant to
any provision of this lease shall be given in writing by hand delivery or by
registered mail addressed as set out below. Such notice shall be deemed to have
been given at the time it was delivered or mailed, as the case may be.
To the Lessee at:
Mr. Donald Steven Ferris
RR#1
Tiverton, Ontario
NOG 2TO
To the Lessor at:
Office ofthe Clerk, Municipality of Kincardine,
1475 Concession 5, RR#5,
Kincardine Ontario,
N2Z 2X6
In witness whereof the parties have below duly executed this Agreement.
-~~- ~~'
Lessee: Donald Steven Ferris
,
j 6200 J
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Date
alit of Kincardine
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Kraemer
-JUJ\e- '5/09
Date
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CAO - John deRosenroll
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Date
The
Land Leas Agreement
ween
ity of Kincardine
And
Steven Ferris
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JUN-05-2009 11:31 From:MILLER INSURANCE
519 396 8135
To:519 396 1488
P.l/l
msORANCB CBa'l':r:JI':tCATB
Named Insured:
Ferris, ~mily & Steven
& 1154499 Ontario Limited
ILIl..tl
Tiverton Ontario NOG 2TO
Corporation of the Munieipality of Kincardine
1\ddi.tional Named Inaurod
Insurance B~oke~:
Mille~ Insuranee Brokers Ino.
1115 Sutton Street
Ki~oardlne O~tario N2Z 2C5
Insurer:
A-Nest Nawanosh Mutual Insuranoe
Policy Pariod:
2009/01/07 to 2010/01/07
Policy Number:
001061111'01
Looation Insured:
Pt Lot 59 Plan 210 Pa~t one on 3R6697 &
pt Lot 59 Plan 210 Part two on 3R6667.
Municipality of Kincardine, formally Munioipalily
of Tiverton, County of Bruce, Tiverto~ Cemetery
situated on King St.
$2,000,000 Farm Liability
$3,000,000 Aggregate Liability
$2,000,000 11'arme~'s Limited Pollution Liability
Cove"age~ I
Signed on behalf of the partioipating insurers at Kincardine Ontario this
Friday, June 5, 2009.
c~.
Authorized Representative
Miller Insurance Brokers Ino.
cc. Insured
Insu~e~
File