HomeMy WebLinkAbout09 175 Ribbink Land Lease Agreement By-LawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY -LAW
NO. 2009 —175
BEING A BY -LAW TO AUTHORIZE THE SIGNING OF A LEASE AGREEMENT
WITH ALLAN RIBBINK FOR USE OF MUNICIPAL LANDS
WHEREAS Section 11 (3) of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that a lower -tier municipality may pass by -laws, respecting
matters within the sphere of jurisdiction of highways, including parking and traffic
on highways;
WHEREAS Section 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as
• amended, provide 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 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 Allan Ribbink, for the rental
of municipal lands described as Part Lot 5, Concession 5, Municipality of
Kincardine (geographic Township of Bruce), 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 Allan Ribbink for the rental of municipal lands described as
Part Lot 5, Concession 5, Municipality of Kincardine (geographic Township
of Bruce), County of Bruce.
2. That the Mayor and Chief Administrative Officer be authorized and directed
• to sign and execute, on behalf of the Council of The Corporation of the
Municipality of Kincardine, the lease agreement with Allan Ribbink, attached
hereto as Schedule 'A' and forming part of the 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.
4. This by -law may be cited as the " Ribbink Land Lease Agreement By -law ".
READ a FIRST and SECOND time this 2 nd day of December, 2009.
- cfc.a
ay r Clerk
READ a THIRD time and FINALLY PASSED this 2 nd day of December, 2009.
Mayor
•
EAM a a 0 -
This AGREEMENT made this IA.) day of �c2.� D t�� , 2009.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
hereinafter called the "Municipality"
of the First Part,
-and-
ALLAN RIBBINK
hereinafter called the "Lessee"
of the Second Part.
WHEREAS the Municipality wishes to enter into a lease agreement with Allan Ribbink
for the use of municipal lands;
WHEREAS these municipal lands are approximately two acres of a former road
allowance more particularly described as Part lot 5, Concession 5, Township of Bruce.
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the
premises and mutual promises and covenants hereinafter contained, the parties hereby
agree as follows:
1. THE CORPORATION agrees to rent approximately two acres of former road
allowance, to Allan Ribbink of R.R. #1, Tiverton, Ont., NOG 2TO;
2. THE LANDS to be rented are more particularly described as Part lot 5,
Concession 5, former Township of Bruce.
3. THE LESSEE COVENANTS to keep the fences in good repair and to use the
lands described for transportation practices only;
4. THE LESSEE WILL HAVE AND HOLD the said lands for the term of 2010 until
2020 to be computed from the 1st day of January 2010 and thenceforth ensuing
and to be fully completed and ended on the 31 st day of December 2020.
5. YIELDING AND PAYING THEREFORE the sum of one dollar annually due and
payable December 1, 2010, each year, with the final payment on December 1
2020;
6. PAYMENT to be made by cheque or cash;
7. THE LESSEE COVENANTS that the Municipality, through its authorized agents,
may enter and view the state of the lands during all reasonable hours.
8. PROVISO for re -entry of the lands by the said Municipality on non - payment of
rent or non - performance of covenants.
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Allan Ribbink Land Lease Agreement
Page 2 of 3
9. AND 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:
Commercial General 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. Cross liability
c. Contractual liability;
d. Tenant's Legal Liability
e. 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 January 1st, 2010. The Lessee shall
provide the Lessor with any renewal replacement certificates as may be
necessary during the term of the Agreement.
10. THAT any notice which either of the parties is required or permitted to give
pursuant to any provision of this lease may, if intended for the Lessee be given in
writing or by registered mail addressed to the Lessee and if intended for the
Municipality in writing left at the premises of the Lessor at the Office of the Clerk,
Municipality, 1475 Concession 5, RR #5, Kincardine, Ontario, N2Z 2X6, or
mailed by registered mail addressed to the Municipality at the Municipality's said
premises and such notice shall be deemed to have been given at the time it was
delivered or mailed, as the case may be.
11. This agreement may be terminated by either party by providing not less than
sixty (60) days written notice.
12. The words importing the singular number only 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.
13. This lease is not assignable.
14. 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. Allan Ribbink
Bruce Rd 15 RR #1
Tiverton, ON NOG 2TO
To the Lessor at:
Office of the Clerk, Municipality of Kincardine,
1475 Concession 5, RR #5,
Kincardine Ontario,
N2Z 2X6
IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal attested
by the hands of its mayor and clerk this anc1 day of b -� , 2009. Allan
Ribbink has hereunto set his hand this 2,h'Z day of 2009.
Allan Ribbink Land Lease Agreement
Page 3 of 3
SIGNED, SEALED AND DELIVERED
in the presence of
) THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
Mayor
CAO
ALLAN RIBBINK
AL R�/j
Allan Ribbink