HomeMy WebLinkAbout12 139 Bluewater Trailer Park Lease Agreement Amendment (Bill Clubb) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY -LAW
NO. 2012 - 139
BEING A BY -LAW TO AMEND BY -LAW NO. 2008 -049: BEING A BY -LAW TO
AUTHORIZE THE SIGNING OF A LEASE AGREEMENT WITH BILL CLUBB
FOR THE OPERATION OF THE BLUEWATER TRAILER PARK
WHEREAS pursuant to the Municipal Act 2001, S.O. 2001, c.25, as amended
Section 8 (1) and 9 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 Section 110 of the said Municipal Act, authorizes municipalities
to enter into agreements for the provision of municipal capital facilities by any
person;
AND WHEREAS the Municipality of Kincardine is the owner of the Bluewater
Trailer Park, located on property described as Lots 5,6,7 and 8, East Side of
Saugeen Street, Original Plan of Penetangore in the Municipality of Kincardine;
AND WHEREAS The Corporation of the Municipality of Kincardine entered into a
lease agreement with Bill Clubb for the operation of the Bluewater Trailer Park on
April 2, 2008;
AND WHEREAS The Corporation of the Municipality of Kincardine deems it
• advisable to amend said agreement;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the Bluewater Trailer Park Agreement approved under By -law 2008-
049 be amended as set out in Schedule 'A' attached hereto.
2. That the Mayor and Chief Administrative Officer be authorized and
directed execute, on behalf of the Council of The Corporation of the
Municipality of Kincardine any documents required for the execution of this
agreement.
3. That Schedule 'A' forms part of this By -law.
4. This by -law shall come into full force and effect upon its final passage.
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Bluewater Trailer Park Lease Agreement Amendment (Bill Clubb) By -law"
By -law No. 2012 - 139
• 5. This by -law may be cited as the "Bluewater Trailer Park Lease Agreement
Amendment (Bill Clubb) By -law ".
READ a FIRST and SECOND time this 21 day of November, 2012.
Clerk
READ a THIRD time and FINALLY PASSED this 21 day of November, 2012.
Mayor Clerk
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This is Schedule "±_i " to By-Law 1
No.2 - 139 passed the 22 1 day
of tat Otte( 2012
BLUEWATER TRAILER PARK AGREEMENT
This AGREEMENT made this 21 day of •Oce -mbe/ , 2012.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Hereinafter called the "Municipality"
of the First Part
-and -
BILL CLUBB
Hereinafter called the "Lessee"
of the Second Part
WHEREAS the Municipality owns the parcel of land described as Lots 5, 6, 7 and 8, East side
of Saugeen Street, Original Plan of Penetangore in the Municipality of Kincardine in the County
of Bruce which is known as the Bluewater Trailer Park;
AND WHEREAS the Municipality entered into an agreement for the Operation of the Bluewater
Trailer Park with the passing of By -law No. 2008 -049 on April 2, 2008;
AND WHEREAS the Municipality deems it necessary to amend By -law No. 2008 -049;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT the parties hereto agree as
follows:
1. That Schedule "A" of By -law No. 2008 -049 be hereby be amended as follows:
i) Schedule A, Section 1 be repealed and replaced with :
TO HAVE AND TO HOLD the said premises for and during the term to be
computed from the 1 day of April, 2008 and thenceforth ensuing and to be fully
completed and ended on the 20 day of October, 2013.
2. That Schedule "B" of By -law No. 2008 -049 be hereby repealed and replaced with the
attached Schedule "B ".
IN WITNESS WHEREOF the parties hereto have executed this agreement forming part of By-
Law No. 2012 - 139 .
SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE
In the presence of ) MUNICIPALITY OF KINCARDINE
Mayor ;
CAO
) We have the author" y to b' d the Corporation
Witness Y T ) Bill Clubb
)
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Bluewater Trailer Park Agreement
Schedule "B"
DATE AMOUNT GST /HST TOTAL
May 31, 2008 $12,500.00 $625.00 $13,125.00
June 30, 2008 $12,500.00 $625.00 $13,125.00
May 31, 2009 $12,750.00 $637.50 $13,387.50
June 30, 2009 $12,750.00 $637.50 $13,387.50
May 31, 2010 $13,000.00 $650.00 $13,650.00
June 30, 2010 $13,000.00 $1,690.00 $14,690.00
May 31, 2011 $13,250.00 $1,722.50 $14,972.50
June 30, 2011 $13,250.00 $1,722.50 $14,972.50
May 31, 2012 $13,500.00 $1,755.00 $15,255.00
June 30, 2012 $13,500.00 $1,755.00 $15,255.00
May 31, 2013 $10,750.00 $1,397.50 $12,147.50
June 30, 2013 $10,750.00 $1,397.50 $12,147.50
Total $152,000.00 $14,680.00 $166,680.00