HomeMy WebLinkAbout12 014 Peter Shelton Lease Agreement (2012) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY -LAW
NO. 2012 - 014
A BY -LAW TO AUTHORIZE THE SIGNING OF A LEASE AGREEMENT
WITH PETER SHELTON
WHEREAS Section 110 of the Municipal Act, 2001, S.O. 2001, 25 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
• AND WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25 Se on 8 and 9 (1)
provides municipalities with powers of a natural person to enable them to govern
their affairs as they consider appropriate under this or any other Act;
AND WHEREAS the Council for The Corporation of the Municipality of
Kincardine deems it expedient to enter into a five year lease with Peter Shelton
for Municipal property known as Parts Lot 14 and 15, Concession 5, former
Township of Kincardine, Municipality of Kincardine;
NOW THEREFORE the Council for 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 Peter Shelton for the lease of property known as Parts Lot
14 and 15, Concession 5, former Township of Kincardine, Municipality of
Kincardine.
2. That the term of this lease be 2012, 2013, 2014, 2015 and 2016 to
• be computed from the 1st day of January 2012 and thenceforth ensuing
and to be fully completed and ended on the 31st day of December 2016.
3. That the Mayor and CAO be authorized to execute, on behalf of The
Corporation of the Municipality of Kincardine, the Lease Agreement with
Peter Shelton. (attached Schedule "A ").
4. That this By -law shall come into full force and effect upon its final
passage.
5. That this By -law may be cited as the "Peter Shelton Lease Agreement
(2012), By -law ".
READ a FIRST and SECOND TIME this 15 day of February, 2012.
t a t Ati Mayor C:11
• READ a THIRD TIME and FINALLY PASSED this 15 day of February, 2012.
De Clerk
This AGREEMENT made this I5 day of Fehr a Cart.( , 2012
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
hereinafter called the "Municipality"
of the First Part,
-and -
PETER SHELTON
hereinafter called the "Lessee"
of the Second Part.
WHEREAS the Municipality wishes to enter into a lease agreement with Peter
Shelton for the use of municipal lands;
AND WHEREAS these municipal lands are fifteen acres of workable farm land
more particularly described as Parts Lots 14 and 15. Concession 5, former
Township of Kincardine;
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 fifteen (15 acres) workable acres of
farm land, to Peter Shelton of R.R. #2, Kincardine, Ont., N2Z 2X4;
2. THE LANDS to be rented are more particularly described as Parts Lot 14
and 15, concession 5, former Township of Kincardine which are suitable
for farming practices;
3. THE LESSEE COVENANTS to use the lands described for farming
practices only;
4. THE LESSEE WILL HAVE AND HOLD the said lands for the term of
2012, 2013, 2014, 2015 and 2016 to be computed from the 1st day of
January 2012 and thenceforth ensuing and to be fully completed and
ended on the 31st day of December 2016.
5. YIELDING AND PAYING THEREFORE the sum of one thousand one
hundred eighty -six dollars and 50 cents annually due and payable
December 1st of each year (being $1,050 plus H.S. T. of $136.50 totaling
$1,186.50 per annum for a six year term.).
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.
9. AND the Municipality shall not be responsible for any personal injury
which shall be sustained by the Lessee or any employee, or other person
who may be upon the premises which consists of the above referred to 15
acres of land used for farming purposes. All risks of any such injury being
assumed by the Lessee, who shall hold the Municipality harmless and
indemnified therefrom. The Municipality of Kincardine shall be added to
the Lessee's insurance policy as an additional insured. Proof of liability in
an amount not less than $1,000,000.00 shall be provided to the
Municipality.
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 CAO, 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. 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.
12. This lease is not assignable.
13. Either party may exit this agreement at the end of any of the crop
seasons, upon 30 days written notice.
IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal
attested by the hands of its Mayor and CAO this 15 day of an 2012.
Peter Shelton has hereunto set his hand this 15 day of Februrn+ 2012.
SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE
MUNICIPALITY OF INCARDINE
in the presence of )
) e, 1
) : Mayor
CAO
) PETER SH LTON
) Pc(
/ Peter helton
)
Witness