HomeMy WebLinkAbout11 090 Scott Airport Lands (2012-2016) lease agreement by-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
k1/4 KBT
B LAW
NO. 2011 — 090
BEING A BY -LAW TO AUTHORIZE THE SIGNING OF A LEASE AGREEMENT
WITH MARTIN J. SCOTT, SUSAN J SCOTT AND MATTHEW J SCOTT
FOR USE OF MUNICIPAL LANDS
WHEREAS Section 8 (1) of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, 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 WHEREAS pursuant to the said Municipal Act, Section 9 provides that 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 Martin J. Scott, Susan J.
Scott and Matthew J. Scott for vacant land located within the Municipality, in
consideration of the rents, covenants and obligations stipulated therein;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the Municipality of Kincardine enter into a lease agreement with
Martin J. Scott, Susan J. Scott and Matthew J. Scott for the rental of
• approximately 80 acres of vacant land located within the Municipality of
Kincardine and more particularly described in the agreement attached to
this by -law as Schedule "A ".
2. That the term of this lease shall be for the years 2012 - 2016, to be
computed from the 1 business day of November every year and
thenceforth ensuing and to be fully completed and ended on the 31 day
December 2016.
3. That the Mayor and Chief Administrative Officer be authorized and
directed to sign and execute, on behalf of The Corporation of the
Municipality of Kincardine, the lease agreement with Martin J. Scott,
Susan J. Scott and Matthew J. Scott attached hereto as Schedule "A" and
to affix the corporate seal of the Municipality as required.
4. That this by -law shall come into full force and effect upon its final passage.
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Scott Airport Lands (2012 - 2016) Lease Agreement By -law
By -law No. 2011 - 090
• 5. That this by -law may be cited as the "Scott Airport Lands (2012 - 2016)
Lease Agreement By -law ".
READ a FIRST and SECOND TIME this 6"' day of July, 2011.
8? /� Mayor Clerk
READ a THIRD TIME and FINALLY PASSED this 6th day of July, 2011.
4 U
. Mayor Cl erk
•
•
1111
This AGREEMENT made in TRIPLICATE this day of July, 2011;
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
(Hereinafter called the "Lessor ")
of the first part;
AND
Martin J Scott
Susan J Scott
Matthew J Scott
(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 lessors has demised and leased and by these
presents doth demise and lease unto the said lessee;
ALL THOSE CERTAIN PREMISES known as 80 acres of unused vacant land, part of the Municipality of
Kincardine Airport, on Highway 21, as shown on Schedule "A" attached and portions of the land associated with the
Municipal Administration Property (Hereinafter referred to as "the premises ");
1. The Lessee shall pay rent of $6,000.00 per year for the years 2012, 2013, and $7,000 for the years
2014, 2015 & 2016, to be paid the 1 ° business day of November every year, commencing November
2012.
2. The Lessee shall not be responsible for any property taxes that may be assessed against the property as
a result of the lessee occupying the premises.
3. The Lessee shall not carry on upon the premises any business that may be deemed a nuisance or by
which the insurance on the premises will be increased.
4. This agreement is not assignable by the Lessee without the express written consent of the Lessors.
5. The Lessors 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 the entrances or
appurtenances thereto. All risks of any such injury being assumed by the Lessee, who shall hold the
Lessors harmless and indemnified there from.
6. The Lessee shall provide to the Lessors adequate proof of insurance (for liability and personal
property) to the satisfaction of the Lessors.
7. The term of this lease shall be from January 1 ", 2012 until December 31 2016. Renewal of this
agreement shall be at the discretion of the Lessors.
8. This agreement may be terminated by mutual agreement between the Lessor and the Lessee within a
one year time frame.
9. Unless the context otherwise requires, the word "Lessors" 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 Lessors 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.
10. At no time will there be vehicles or machine traffic on runways or crossing active runways
The Lessee shall call the airport manager well ahead of time (5 days needed) to do tilling or removal of
crops due to potential aircraft traffic. Bales of hay or straw will be removed immediately on lands
along runways.
11. The Lessee will repair according to notice in writing, reasonable wear and tear. Damage by fire,
lighting and tempest only accepted and that he will leave the premises in good repair.
12. The Lessee will during the said term, cultivate, till, fertilize and weed control and employ such parts of
the said premises as are now or shall hereafter be brought under cultivation in a good farmer -like and
proper manner, and will in like manner crop the same in a regular rotation of crops so as not to
impoverish, depreciate or injure the soil and will at the end of the said term.
13. The Lessee will during the continuance of said term, mow the grass, keep down all noxious weeds and
grasses, which shall grow upon the said premises and will not suffer or permit any such foul seeds or
noxious weeds to go to seed on the said premises. The Lessor shall maintain the grassed ditched areas.
14. The crops can be alfalfa, hay, grains along sides of runways, (not to gather birds). This clause shall
not supersede the provisions contained in the Weed Control Act, as amended from time to time.
15. The Lessee will keep the mouths of all under drains on the said premises open and free from
obstruction, and in good running order at all times during the said term, and will not suffer or permit
such drains, or the water - courses in any open ditches on said premises to become obstructed, but will
constantly keep the same free and clear, for the water flowing therein.
16. IN case the Lessor should desire to sell the said lands and premises during the said term, the said term
may be determined at any time upon one (1) month's notice by a notice to such effect, and that the
Lessee will, at the expiration of the time limited by the said notice, peaceably and quietly give up
possession of the said land and premises to the Lessor, provided that upon such earlier determination
of the said term, and after the Lessee shall have delivered up possession in manner aforesaid, and paid
to the Lessor in full proportion of rent up to the date of such earlier determination, the Lessee shall be
entitled to be compensated for the value of the crops sown and then growing, or of the ploughing down
on the said lands in preparing for a crop, the amount of such compensation to be determined by
arbitration if the parties cannot agree thereon.
17. Pursuant to the agreement signed in March of 2007, clause 7, the lessee may have an extension
agreement (current 2012 -2016) and as such this agreement will not have an extension clause and will
be publicly tendered at its conclusion.
114 WITNESS WHEREOF the parties hereto have executed these presents.
SIGNED, SEALED AND DELIVERED in the presence of
THE MUNICIPALITY OF KINCARDINE
... d 1 _ _
t —Larry ' •emer
----.— 7 --__ „
—
CAO- John deRosenroll
S SEE- Mon 1 Scott
Aii
/. _ i
CM) LESSEE- t EE- Sus J Scott
LESSEE- Matthew J Scott