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Home My WebLink AboutTWP 84 012 Agree Lease I -~~--- ~-'!- - - £;:.'" JL .¡¡.- , : "f_ __ -~ -. At- { · -J~ Head of Council Iv ' ¡-- Ii Read a third time and finally passed this ~ .t.... ;:.>- ! . · I I · ~ OF TEE 'lGINSHIP OF KINCARDrntt BY-LAW NO. p.,#. /~ A by-law to authorize the municipality to enter into a Leë\aè Agreenent œtNeen THE OJRPœATION OF THE 'lOON OF KINCARDINE, and THE OORPORATION OF THE 'lOONSHIP OF KINCARDINE and CANADIAN AGRA INC. WHEREAS the Council of the ~ òf KINCARDINE deems it expedient to enter into a Lease Agreenent between THE OJRPORATION OF THE 'lOON OF KINCARDINE, and THE CORPORATION OF TEE ~ OF KINCARDINE and CANADIAN AGRA INC. ~ 'lHEREroRE the Council of the Cozporation of the Township of Kincardine enacts as follows: 1) ThaJ:¡ the head of council and the clerk be and are hereby authorized to sign a Lease Agreenent between TEE OJRPœATION OF THE 'lOON OF KINCARDINE, and TEE CORPORATION OF THE 'IOONSHIP OF KINCARDINE AND CANADIAN AGRA i£NC. 2) That this bY-law shall be effective on the date of third and final reading thereof. Read a first and second time this ¿pjday o"ýd."7 1984. ~ MJAU£!?P:~~~ ~ _ /_'C. ,-c_: ...,. -.-- - A _ -" --',-,""" -'- ------- .u.J day o',-.,f¿.,,~ 1'984. ,.,----........-_. ,-.-----.- J. -- -. ........-.. - :' I ~- . ~~ .' X lit. , :_,1- Read of Council A- . -. M~hjl~ ~~~_~~: 'Z - 7/ ~ ---- ...... ';: - -' \,,- ',,", -"",,- ....... -...:..-:.. ---- -- _.~...,- I hereby certify this to be a true and exact copy of By-Law No. 8¢-/.:2 of the Cozporation of the Township of Kincardine. ) ~.- - - - JyäH~,%hj;Ä\ ./ J .;... ~ - - / / ::: -' -- . - ~ -- - - -,-"-.-,,- .'.' ",'f ~ 'th is . . INDENTURE made the 28th day of November, 1983, in pursuance of the Short Forms of Leases Act, BET WEE N : . '1'Hl~ COl{['ORATlON OF '1'Hl~ TOWN OF K1 NCA1W1N~, and THE CORPORATION OF THE TOWNSHIP OF KINCARDINE, Hereinafter called the Lessor OF THE FIRST PART - and - CANADIAN AGRA INC. A Company Incorporated under the laws of Ontario and having its head office at the Village of Blyth Hereinafter called the Lessee / . OF THE SECOND PART WHEREAS the Lessor is the owner of the lands and premises which are located at the Kincardine Town & Township Airport and which are described as parts of Lots 27, 28 and 29, Concession "A", Kincardine Township, being more particularly described as "The Kincardine Town ànd Township Airport", and is the operator of such airport facilities. WITNESSETH that in consideration of the rents, covenants and agreements hereinafter reserved, and contained, on the part of the said Lessee, I 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: eThe lands described as parts of Lots 27,-28 and 29, Concession "A", Kincardine Township1ll!~¡"tBiRg maTe f3arti~~laTIY ¡maj.R aRs ssssril3ss - rP'1';;" BS liTRe KiflearàiHE Te¡;R tlRà Ts·.n.Bkip .\itþôl: l and being only those lands outlined on the sketch attached nereto "and marked as Schedule "A" and known as the hangar area and office situate within the bLJlldill~, un such Land. 'W HAVE AND 10 HOLD the said demised premises for and during the term of five ( 5 ) years to be computed from the 1st day of February, 1984, and continuing and fully to be complete and ended on the 31st day of January 1989. 4IÞVIELDING AND PAVING yearly during the said term the sum of Two Thousand Dollars ($2,000.00) to be payable on the following days and times, that is to say: The sum of $166.66 will become due and be paid in advance on the first day of each and every month and the first -~ . . -, ... ~ - 2 - -.Of such payments to become due and be made on the first day of February, 1984, and the last payment to become due and be paid in advance on the first day of January, 1989. THE LESSEE COVENANTS WITH THI, LESSOR' 1. 2. To pay rent; To pay all business taxes in respect of the business carried on by the Lessee in and upon, by reason of their occupancy, the premises hereby demised. 3. To carry out the sale of aircraft fuel and to dispense it between the hours of 9:00 a.m. and 8,00 p.m. each day of every week. .4. To pay to the Lessor eighty percent (80%) of the total money received as tiedown and parking fees for aircraft and the 5. Lessee is entitled to retain twenty percent (20%) of such total money for its own use. To endeavour to assist the operators of aircraft using the airport facilities to find parking areas and any other services required in connection with the operation and maintenance of aircraft. 6. To keep a written record of all aircraft movements at the airport. 7. At all times to act in such a manner and to perform all . acts at the airport in such a ~ay as to promote a favourable reputation f~r the airport, the -municipalities of the Town- ship of Kincardine and the Town of Kincardine. 8. To make no alterations, additions,·deletions or changes of any kind to the demised premises and any structures located un the land u~less permission in writing has b~en obtained from the Lessor. 9, To repair accurdlng to notice in writing (reasonable wear and tear and damage by fire, lightning and tempest only excepted.) 10. To leave the premises in good repair (reasonable wear and tear . and damage by fire, lightning and tempest only excepted). ........: ~. 11. . 12. 13. . 14. 15. . 16. 1/. . . ,. -" . . - 3 - To not assign or sublet the whole or any part of the demised prcmiscs without thc written consent of the Lessor. To pay for telephone costs. That during the term of this Lease or any renewal thereof no shares, whether issued or unissued and either common or preferred, of the capital stock of the Lessee will be sold, transferred, assigned, pledged or encumbered without the consent of the Lessor and if any share of the Lessee is so dealt with, this Lease will immediately be null and void and the Lessee will immediately vacate the leased lands and premises; and the Lessee will advise the Lessor in writing of any proposed or intended sale, transfer, assignment, pledge or encumbering of such shares. The said demised premises will not, during the said term, be at any time used for any other purpose than that of an airport. That no fixtures, goods or chattels of any kind will, except in the ordinary course of business, be removed from the demised premises during the term hereby demised or at any time thereafter without the written consent of the Lessor, its successors, assigns, being first had and obtained, until all rent in arrears as well as all rent to become due during the remainder of the term hereby granted shall have been ful~paid, or the payment thereof secured to the satis- faction of the Lessor or its assigns. The Lessor hàs the right at any time during the term of this ,Lease, or any renewal of it, to enter on the land and premises to carry out such work or improvements or alterations on and to the lands and premises as the Lessor may desire. the Lebsee will have a waiver of claims, in th~ form atta¿hed hereto as Schedule "B", executed by any person who applies or requests that an aircraft be permitted to occupy any space in or on the demised premises. .....Continued on Page 3(a) ,~ . . , - :3 (a) - .... Proviso for re-entry by the said Lessor on non-payment of rent or non-performance of covenants. The said lessor may assume the premises inL~he event of non payment of rent or non-performance of any of the covenants (including services). . . ... - .. 20. . 21. . . - , . .- . 4 - The said Lessor may enter and view the state of repair and the said Lessee will repair according to notice in writing (reasonable wear and tear and damage by fire, lightning and tempest excepted). That, if during the term hereby granted, the goods and chattels of the Lessee or any assignee or sub-tenant shall be at any time seized or taken in execution or attachment, or if the Lessee or any such assignee or sub-tenant shall make an assignment for the benefit of creditors or shall become bankrupt or insolvent, or make a proposal to its creditors, or without the consent of the Lessor being first obtained in writing, shall make a sale under The Bulk Sales Act in respect of goods on the premises, or being a company, shall become subject to any legislative enactment relating to liquidation or winding up, either voluntary or compulsory, the said term shall immediately become forfeited and void, and an amount equivalent to the next ensuing three months' rent shall be at once due and payable. And the Lessee further covenants, promises and agrees with the Lessee that notwithstanding any present or future Act of the Letislature of the Province of Ontario, none of the goods or chattels of the Lessee at any time during the continuance of the term hereby created on the said demised premises shall be exempt from levy by distress for rent in arrears by the . Lessee as provided for by the said Section of said Act, and that upon any claim being made for. such"exemption by the Lessee or on distress being made by the Lessor, this covenant and agreement may be pleaded as an estoppel ag<:iinst the Lessee In any action brought to test the right to the levying upon any such goods as are named exempted in the said Section, the Lessee waiving as he hereby does all and every benefit that could or might have accrued to him under and by virtue of the said Section of the said Act but for the above covenant. It is further declared and agreed that in case the said premises or any part thereof, become and remain vacant and unoccupied for the period of fifteen days, or be used by :,.." ~,- .- - ---- " . . . - 5 - 22. any other person or persons, or for any other purpose than as above provided, without the written consent of the Lessor this Lease shall, at the option of the Lessor, cease and be void, and the term hereby created expire and be at an end, anything hereinbefore to the contrary notwithstanding and the proportionate part of the current rent shall thereupon become immediately due and payable, and the Lessor may re-enter and take possession of the premises as though the Lessee or other occupant or occupants of said premises were holding over after the expiration of the term; or in such case instead of terminating this lease as aforesaid and re-entering upon the demised premises, the Lessor may take possession of the demised premises, or any part or parts thereof, and let and manage the same and grant any lease or leases thereof upon such terms as to the Lessor or its assigns may appear to be reasonable, and demand, collect, receive and distrain for all rental which shall become payable in respect thereof, and apply the said rentals after deducting all expenses incurred in connection with the demised premises and in the collection of the said rent including reasonable commission for the collection thereof and the management of the demised premises, upon the rent hereby reserved, .~he Lessor and its assigns and every such agent asting as aforesaid from time to time, shall in so acting be the agents of the Lessee, v¡ho alone shall be responsible for their acts, and the Lessor and its 'nssigns shall not be accountable for any'moneys except those actually received, notwithstanding any act; neglect, omission or default or any such agent acting as aforesaid. ',[,1IEo- Leo,see covenants with the said Lessor that his said business to be so carried on in the said budding vJill nOl~ be of such a nature as to increase the insurance risk on the said premises or cause the Lessor to pay an increased rate of irisurance premiwns, on the said premises by reason thereof and it is distinctly understood that in case said business so carried on by the Lessee is or becomes of such a nature to increase the insurance risk or causes the Lessor and/or · · · . _:it_-",,-,-; · · · · , . . - 0 - other occupants of the said building to pay an increased rate of insurance preuliums, that the Lessee will [rom tirIJC to time pay to the Lessor the increased amount of insurance premiums which the said Lessor and other occupants of [he said building have to pay in consequence thereof; provided that the Lessee covenants that he will not carryon or permit to be carried on any business in the said building which may make void or voidable any insurance held by the Lessor or 23. the other occupants of the said building. And it is further declared and agreed that the Lessor shall not be liable for any damage to any property at any time upon the demised premises arising from gas, steam, water, rain or snow, which nlliY leak into, issue or flow from any part of the said building, or from the gas, water, steam or drainage pipes or plumbing works of the same or from any other place or quarter or for any damage caused by or attributable to the condition or arrangment of any electric or other wires in the said building. The Lessee shall be liable for any damage done by reason of water being left running from the taps in the demised premises or from gas permitted to escape therein. The Lessee shall give the Lessor prompt written notice of any accident or other defect in the sprinkler system, water pipes, , . gas pipes or beating apparatus,'telephone, electric or other wires on any part of the premises. 24. Provided that the Lessee will not ~o or, permit anything to be done on the said premises or permit or keep anything Lh~rein which may be annoying to the Lessor or other occupants of the soid building ur which the said Lessor may deem to be ;1 nuisi1nce and that no machinery sholl be used therein which shall cause any undue vibration in or to the said premises and that in case of the Lessor or any other occupants of the said building reasonably complaining that any machinery or operation or process is a nuisance to it or them or which causes any undue vibration or noise in the said premises, thut upon reccivinK notice thereof, the saLd Lessee ~ , '. . - 7 -- 26. will immediately abate such nuisance. The said Lessee covenants not to obstruct or interfere with the rights of the Lessor or other occupants of the said building or in any way injure or annoy them or conflict with any of the rules and regulations of the Board of Health or with any statute or. municipal by-law. And it is hereby further agreed by and between the said Lessor and the said Lessee that no sign, advertisement or notice shall be inscribed, painted or affixed by the said Lessee on any part of the outside or inside of the building whatever, unless of such manner, color, size and style and in such places upon or in said building as shall be first designated by the Lessor, and, furthermore, the Lessee, on ceasing to be Lessee of the demised premises, will, before removing his goods and fixtures from the said premises, cause any sign as aforesaid to be removed or obliterated at his O\vn expense and in a \vorkmanlike manner to the satis_,- faction of the Lessor. Provided that if during the term herein or any renewal thereof the premises shall be destroyed or damaged by fire o~ the elements the~ the following provisions shall apply: (8) If the demised premises shall be SO badly injured as to be unfit fOr occupancy, and as to be incapable of being repaired with reasonable dilLgênce within one hundred and twenty (120) days of the happening of such injury, then the term hereby granted shall cease and be_at an end to all intents and purposes from the date òf such damage or destruction, and the Lessee shall immediately surrender the same, and yiL>ld IIp possessIon of the demised premises to the Lessor, and the rent from 11\C tIme of such surrender shall bc apportioned; (b) If the demised premises shall be capable, with reasonable diligence, of bei~g repaired and rendered fit for occupancy within one hundred and twenty (120) days from the happening of such injury as aforesaid, but if the damage is such as to render the demised premiscs wholly unfit for occupancy, then the rent hereby reserved shall not run or accrue after such · 25. · · · - d:;;'~, ~ " . . " ~- 8 - · injury, or while the process of repair is going on, and the Lessor shall repair the same with all reasonable speed, and the rent shall recommence immediately after such repairs shall be completed. Ie) If the demised premises shall be repaired within one hundred and lw(mly (120) d'1Y:> ¡IS n[ore:>aid, and if Lhc' damage is such that the said premises are capable of being partially used then until such damage shnll have been repaired, the · rent shall abate in the proportion that the part of the demised premises rendered unfit for occupancy bears to the whole of the demised premises. There shall be no abatement from or reduction of the rent 27. due hereunder, nor shall the Lessee be entitled to damages, losses, costs or disbursements from the Lessor during the term hereby created on, caused by or on account of fire, (except as above) water, sprinkler systems, partial or temporary failure or stoppage of heat, light, elevator, live steam or plumbing service in or to the said premises or .buil.dinø whether due to acts of God strikes accidpnts . {::I , ,) ~, thcl making of alterations, repairs, renewals, improvements, structural changes to the said premises or buildings or the equipment or systems supplying the said services, or from any cause whatsoever; provided that the said failure or stoppage be remedied within a reasonabfe~time. The Lessee \~ill permit the Lessor to exhibit the demised premises during the last three mon~hs of the term to any prospective tenant and will permit all persons having written authority therefor to view the said premises at all reasonable · Iluurs. 2b. Any notice \~hich either of the parties is required or permi.tted to give pursuant to any provision of this Lease may, if intended for the Lessee, be given by a writing left at the premises of the Lessor at or mailed by registered mail addressed to the Lessor at the Les~or'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. Provided further and it is hereby agreed that should the Lessee hold over after the expiration of this Lease and the Lessors thereafter accept rent for the said premises, the Lessee shall hold the premises as a monthly tenant only of the Lessors but subject in all other respects to the terms and conditions of this Lease. To require the Lessee or Delegate to monitor field conditions and place notams when required to preserve aviation safety. To notify the Airport Chairman of notams, imposing or removing, or any air safety problems. To answer telephone inquiries and refer to the Airport Committee any relavent information or inquiries. THE LESSOR COVENANTS WITH THE LESSEE: To pay to the Lessee a sum per litre of aircraft fuel sold by the Lessee as set from time to time by written motion of the Airport Committee. To pay one-half of the hydro costs. To permit the Lessee to have the use of the whole of the main hangar except that the Lessor will have sole and exclusive use of the whole of the hangar for two (2) days in the spring and two (Z) days in the fall of each calendar year during the terms of this Lease and the LesßQr will give the Lessee two (2) weeks' notice of the days upon which such sole and exclusive use is required by the Lessor. 32. THE LESSOR AND LESSEE FURTHER_ACKNOWLEDGE AND AGREE THAT: (à) The cost of heating any structure on the demised lands will · 29. 30. · 31. (a) (b) (c) · · - 9 - be paid in the manner as negotiated and determin"ed' between them. , --""..:..c" _.~"" --..' .....'._·,.·,v.,_· ~,...oó...: ,...........",i.:.' , . . -_. , .. . ',~- . - 10 - .b) The Lessor 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 demised premises or any damage which may be caused to any aircraft making use of the demised premises and all risks of any such injury or damage shall be assumed by the Lessee who shall hold the Lessor harmless and indemnified therefrom. (c) The Lessee will carry a minimum of $ 2,000,000.00 public liability insurance on the demised premises. The word Lessor and the word Lessee whereever used shull be construed to include and shall mean the respective successors and ... assigns of the Lessor and Lessee. IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals duly attested by their proper officers in that behalf . THE CORPORATION OF THE TOWN OF KINCARDINE f1ayor Clerk-Administrator ... THE CORPORATION OF THE TOWNSHIP OF KINCARDINE .~~ Reeve ' ~ ~~ .~~ /J ~~~~/J c ,- rea surer . l'rê'sident Secretary . "~-""";,;"._-",-~,-_:_,.~~._..,..",,,,.-",.,, ,....~-,. ~-.,_;L.,;..~....____ .............,....... " .," .... :,. - . . . . ~ . . . SCHEDULE "A" LEASE AREA . , . . -... ..~ .' ,. . . SCHl~)U LI~ "B" ~ . KINCARDINE TOWN AND TOWNSHIP AIRPORT WAIVER OF CLAIMS KNOW ALL MEN BY THESE PRESENTS: THAT the undersigned understands and agrees that the aircraft is accomodated at the Kincardine Town and Township Airport entirely at my lour own risk of loss, injury or damage to person or property. In consideration of the Kincardine Town and Township Airport (hereinafter called the "Committee") permitting the applicant's aircraft to occupy a space on the Kincardine Town and Township Airport premises [or the period of time granted, I/we shall indemnify and hold harmless the .. Committee, their employees, servants or agents against all suits, actions, claims, costs or demands (inlcuding without limitation, suits, actions, claims, costs or demands for death, personal injury and property damage) to which the committee, their employees, servants or agents may become liable by reason of loss, damage, injury or death of a person or persons or ,property of anyone, whomsoever they may be, arising or resulting from the presence of the said aircraft at Kincardine Town and Township Airport or from any activity in which the undersigned or those employed by him may be engaged in connection therewith. The undersigned for myself/ourselves, my/our heirs, administrators, . executors, successors and ass ignes , hereby waives any and all claims which, but for this waiver, I/we may hàv~, or may hereafter acquire, against the Committee arising out of the granting of the above permission. IN WITNESS WHEREOF, this waiver has been duly executed at this day of ---_._------- WITNESS SIGNED . . . ----I , \, 'to · .. .... ,~ - \ .. .. · t:J Z~t>:It>:I>-'I ;Þ 0....·0 ru::r:: >-'I 0::1:><'10 tr1 o '1.... ;Þ t:J Nrut-'....·;Þ H 0'1t-'",en '" Oo...¡>-rt '"tJ ..... \0 (t) ;þ 0 ::I '1' ~ (t) . 1«>:;:: '" r-' 0 enH tr1 ::I 00 ;þ rt t-'::r:: en ru ....'>-'1 tr1 '1 0 ..... ..... 0 rt · 0 '1 t-' \0 CI) W . . · / · )