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HomeMy WebLinkAbout04 183 agree lease ackert e . . e / THE CORPORATION OF TIlE MUNICIPALITY OF KlNC INE BY-LAW NO. 2004-183 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A LEAS AGREEMENT WITH CLARENCE ACKERT AND SHIRLEY ACKE T FOR USE OF MUNICIPAL LANDS WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25 Secti ns 8 and 9 (1) provides municipalities with powers of a natural person to enabl them to govem their affairs as they consider appropriate under this or any other ct; AND WHEREAS the Council for the Municipality of Kinc rdine deems it advisable to enter into a lease agreement with Clarence Ac ert and Shirley Ackert, for vacant land located within the Municipality, in con ideration of the rents, covenants and obligations stipulated therein; NOW THEREFORE the Council for The Corporation of th Municipality of Kincardine ENACTS as follows: 1. That the Municipality of Kincardine enter into a lease agreement with Clarence Ackert and Shirley Ackert for the rental of pproximately 80 acres of vacant land located within the Municipality 0 Kincardine and more particularly described in the agreement attached 0 this by-law as Schedule "A". 2. That the term of this lease shall be for the years 2005 and 2006, to be computed from the 1 st day of January 2005 and thence rth ensuing and to be fully completed and ended on the 31st day Decemb r 2006. 3. That the Mayor and CAO be authorized to sign, n behalf of the Municipality of Kincardine, the lease agreement with CI rence Ackert and Shirley Ackert, attached to this by-law as Schedule "A"; 4. That this by-law shall come into full force and effect upo its final passage. 5. That this by-law may be cited as the "Ackert (20 5, 2006) Lease Agreement By-law". READ a FIRST, SECOND, and THIRD time and FINALLY ASSED this 15th day of December, 2004. Ju- ¡¿,k Mayor Cle ., . - . ~ ,.., This is Schedule" JL " to By-Law No. ~Sî-sed tl:.,. l~aay of "b.tíilA1'I.cd.2004..q-- ,20~", t.~ Mayœ ' -. Clerk ~ , This AGREEMENT made this nf#-. day of Do( c ~ ...-h.cf BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE hereinafter called the "Lessor" of the First Part, -and- CLARENCE ACKERT AND SHIRLEY ACKERT hereinafter called the "Lessee" of the Second Part. WHEREAS the Municipality wishes to enter into a lease agreement with Clarence and Shirley Ackert for the use of municipal lands; AND WHEREAS these municipal lands are approximately eighty (80) acres of unused vacant land forming part of the lands more particularly described as Part Lots 26 to 30, Concession A on Registered Plan 3R438 Parts 2 to 8 and 3R3803 Parts 1 to 5, known municipally as the Municipal Airport, situated on Highway 21 in the former Township of Kincardine (hereinafter referred to as "the premises); NOW THEREFORE THIS AGREEMENT 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 lessor has demised and leased and by these presents doth demise and lease unto the said lessee the premises; AND FURTHER that the Lessor and Lessee hereby agree as follows: 1. The lessor shall rent approximately eighty (80) acres of unused vacant land to Clarence and Shirley Ackert of R.R.#5, Kincardine, Ont., N2Z 2X6; 2. The lands to be rented are more particularly described as part of Part Lots 26 to 30, Concession A on Registered Plan 3R438 Parts 2 to 8 and 3R3803 Parts 1 to 5, known municipally as the Municipal Airport, situated on Highway 21 in the former Township of Kincardine; 3. The lessee covenants to use the lands described for legal farming practices only; 4. The Lessee will have and hold the said lands for the term of 2005 and 2006 to be computed from the 1 st day of January 2005 and thenceforth ensuing and to be fully completed and ended on the 31st day of December 2006. 5. The Lessee shall pay rent of one thousand nine hundred and seventy-seven dollars annually due and payable the first business day of November each year, commencing November 2005. (being one thousand eight hundred and farly-seven dol/ars and sixty-six cents $1,847.66 plus G.S. T. of $129.34 totaling $1,977.00 per annum for a two year term.). 6. Payment to be made by cheque or cash; 7. This agreement may be terminated prior to December 31,2006, by either party by providing not less than sixty (60) days written notice. 8. If a crop has been planted but not harvested prior to the termination date, the lessee will be entitled to compensation to be negotiated between the lessor and lessee which shall include but is not limited to labour supplied or expended and costs such as tillage, seed, fertilizer and spray. In the event that the lessor and lessee cannot agree on the appropriate level of compensation, they shall jointly '!.. + J Clarence and Shirley Ackert Land lease Agreement Page 2 of3 appoint a mediator such as a certified crop advisor to set the amount of compensation which shall be binding on both parties. 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. . 9. 'I , . , 10. The Lessee covenants that the Municipality, through its authorized agents, may enter and view the state of the lands during all reasonable hours. 11. Proviso for re-entry of the premises by the Lessor on non-payment of rent or non- performance of covenants. 12. 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 in relation to the Lessee's use of the premises. All risks of any such injury are 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. 13. 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 of Kincardine, 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. 14. 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. 15. Unless the context otherwise requires, the word "Lessor" 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 Lessor and Lessee, respectively, and when there are two or more Lessee bound by the same covenants herein contained, their obligations shall be joint and several. . 16. This lease is not assignable. 17. Following the term of this agreement, the said premises shall be subject to rental through a competitive tender process. ~ IN WITNESS WHEREOF the Municipality ha~ereto affixedlts corpor:m~seal attested by the hands of its mayor and cao this IS day of...Þ.E~~~O'04. Clarence Ackert has hereunto set his hand this ~ day' of 2>ezt'E""~2004 and Shirley Ackert has hereunto set her hands this / ~ day of 2:>eØ'lBJt2004. SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE in the presence of MUNICIPALITY OF KINCARDINE ) JJL-i<. ~ Mayor ) ) ) ) ) )~~L ) ~.,~~..-,,~~I/ CAO ~ ~ " "t ..I- i I -I . . .. Clarence and Shirley Ackert Land lease Agreement Page 3 of 3 ) ) ~~~~ ) Clarence Ackert ) Shirley Ackert ~ A' t1~ ) ~y Ackert ,:.......