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Home My WebLink About15 141 copy-Land Use Agreement (1519201 Ontario Inc.) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT e o f •�W�Ci7 • Y .ma x' X2/1 ry��Alltt OF IIINCPo BY -LAW NO. 2015 - 141 BEING A BY -LAW TO AUTHORIZE THE SIGNING OF A LAND USE AGREEMENT WITH 1519201 ONTARIO INC. (Part 3, Part 4 and Part 8 on Registered Plan 3R9688, County of Bruce) WHEREAS Sections 8 (1) and 9 of the said Municipal Act, 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 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 with the passage of By -law No. 2013 -136 the Council of The Corporation of the Municipality of Kincardine authorized the conveyance of the property at 719 -723 Queen Street (Part Lot 1 Durham Market Block Plan, Being Part 1 of Plan 3R -1947 former Town of Kincardine) to David Brown; AND WHEREAS the Council of The Corporation of the Municipality of Kincardine has been requested to enter into a land use agreement for use of municipal property Part 3, Part 4 and Part 8 on Registered Plan 3R9688, County of Bruce; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That The Corporation of the Municipality of Kincardine enter into a land use agreement with 1519201 Ontario Inc. for the use of municipal • property, in accordance with the terms and conditions outlined in the agreement attached hereto as Schedule `A' and forming part of this by- law. 2. That the Mayor and Chief Administrative Officer be authorized and directed to execute, on behalf of the Council of The Corporation of the Municipality of Kincardine, the land use agreement with 1519201 Ontario Inc. attached hereto as Schedule `A' and to affix the corporate seal. 3. That this by -law shall come into full force and effect upon the closing of the sale of the property at 719 -723 Queen Street (Part Lot 1 Durham Market Block Plan, Being Part 1 of Plan 3R -1947 former Town of Kincardine) to David Brown. 4. That this by -law may be cited as the "Land Use Agreement (1519201 Ontario Inc.) By -law ". READ a FIRST and SECOND TIME this 21st day of October, 2015. READ a THIRD TIME and FINALLY PASSED this 21st day of October, 2015. Mayor Clerk LAND USE AGREEMENT 41 THIS AGREEMENT made the day of November, 2015 and effective the /3 day of November, 2015 (the "Effective d ate"). BETWEEN: The Corporation of the Municipality of Kincardine (Landowner) hereinafter referred to as the "Licensor" AND: 1519201 Ontario Inc., 100% owned by David Brown (Tenant) hereinafter referred to as the "Licensee" WHEREAS the Licensor is the registered owner of the following property in Kincardine, • Province of Ontario legally described as: Part 3, Part 4 and Part 8 on Registered Plan 3R9688, County of Bruce hereinafter referred to as "the Lands." The Licensee wishes to have possession of and use of the Lands annually for the purpose of outdoor food and beverage service (the "Permitted Use") from Victoria Day weekend to Thanksgiving weekend inclusive (the "Summer Months"). Grant of Licence 1 . Subject to the terms and conditions set out in this Licence, the Licensor agrees to grant a non-exclusive licence of occupation to the Licensee. Pre-existing Terms or Easements 2. This grant of licence is subject to: • a) existing terms contained in any original grant of the Lands or in any other disposition from the Crown with respect to the Lands; b) any highway, or right-of-way or other easement found on the Lands; c) the Licensor represents that Licensor has informed the Licensee of any and all pre- existing terms or easements described in this clause. No Interest in the Lands 3. The Licensee does not acquire any interest in the Lands under this Agreement. • The Licensor does not grant to the Licensee either by this Agreement, through prescription or otherwise any interest in the Lands other than the right to use the Lands pursuant to the terms of this Agreement during the Summer Months. The Licensor's rights, other than those specifically granted under this Agreement, remain in force. Duration of Licence 4. This Licence will be of indefinite duration and will enure to and be binding upon the successors, heirs and assigns of the Licensee, subject to the approval of Council of The Corporation of the Municipality of Kincardine. Licence Fee Payable 5. The Licensee will pay to the Licensor a one-time licence fee of ONE DOLLAR ($1.00), for use of the Lands payable upon the Effective Date of this • Agreement. Termination 6. Without limiting any of his other rights or remedies, the Licensee may terminate the Licence granted under this Agreement by giving the other party 60 days advance written notice that they wish to terminate this Licence. 7. The Licensor may temporarily suspend the Licence granted under this Agreement with 24 hours written notice to the Licensee outlining the details of the breach(es) if the Licensee breaches any of the Licensee's obligations under this Agreement. The Licensor may terminate the agreement if the breach(es) is not remedied within 7 days of the notice of breach(es) and the Licensor may extend the 7 day period provided the Licensee is acting diligently to correct the breach(es) and the breach(es) cannot be reasonably corrected within 7 days. Ownership and Transfer • 8. The Licensee owns all personal property improvements (chattels) brought or made on the Lands at the Licensee's expense or on the Licensee's behalf during the period of time covered by this Licence. 9. All improvements to the real property (fixtures) made on or to the Lands at the Licensee's expense or on the Licensee's behalf during the period of time covered by this Licence remain on the Lands, without any form of compensation to the Licensee at the termination of this Licence. Taxes 10. The Licensee must promptly pay all taxes, levies, duties, assessments and licence fees whatsoever whether municipal, school, provincial, parliamentary or otherwise levied, imposed or assessed against the Lands or upon the Licensee in respect thereof associated with occupation of the Lands by the Licensee. Liens 11 . The Licensee must make best efforts to prevent the filing of any liens, judgments or other charges against the Lands. In the event of the filing of any liens, judgments or charges against the said Lands as a result of the actions of the Licensee, the Licensee must, within 30 days of being advised of same,take all necessary steps to have the liens or charges discharged or cancelled . Licensor Access 12. The Licensee must permit the Licensor to enter the Lands: a) at any time in the case of an emergency that threatens life or property; and • b) upon at least 24 hours notice and during regular business hours, where such will not unreasonably disturb or interfere with the Licensee's use of the Lands, to examine and inspect the Lands. Responsible Use 13. The Licensee must use the Lands in a socially responsible manner, causing no harm and creating no nuisance to neighbours. The Licensee takes responsibility for the use of the Lands by members of the Licensee 's family, employees, friends or visitors. i tion Indemrnf ca 14. The Licensee agrees to indemnify and save harmless the Licensor from all damages and claims arising out of any act, omission or neglect by the Licensee, and from any and all actions or causes of action arising from the Licensee's occupation or use of the Lands. Insurance 15. The Licensee shall put in effect and maintain in its name at its expense all the necessary insurance that would be considered appropriate for a prudent tenant ec ry undertaking the Permitted Use for the period during which the Agreement is in effect with insurers acceptable to the Licensor including : a) General Liability Insurance for third party bodily injury personal injury and property damage to an inclusive limit of not less than Two Million Dollars • ($2,000,000) per occurrence; b) The policy shall include: i) The Licensor as an additional insured ; ii) A thirty 30 day written notice of cancellation; c) The Licensee shall provide the Licensor with a valid Certificate of Insurance as evidence of the above coverages upon signing the Agreement; d) The Licensee shall provide the Licensor with any renewal replacement certificates as may be necessary during the term of the Agreement. Construction 16. The Licensee is entitled to construct and install on the Lands such temporary improvements as the Licensee considers necessary or desirable to enable • Licensee to use the Lands for the Permitted Use provided that: a) no changes shall be made and no improvements shall be constructed or installed on the Lands unless Licensee shall have first delivered plans and specifications to the Licensor, and obtained the Licensor's written consent to make changes or to construct or install these improvements; b) all work associated with the temporary improvements shall be done in a good and workmanlike manner by qualified and experienced contractors, professionals or trades people. Damage to the Lands 17. The Licensee shall be responsible to the Licensor for any damage to the Lands which may occur as a result of his occupation thereof. Operations . 18. The Licensee must: a) use the Lands only for the primary purposes of outdoor food and beverage service; b) comply with all the laws, rules, regulations and ordinances and by-laws of any government rnment or other bodyhavingjurisdiction over the Lands; and oe J c) at the time of expiry or termination leave the Lands in the same or better condition than recorded on the Effective Date. 19. The Licensee must ensure that in using the Lands for the Permitted Use, no • act whatsoever shall be done or omitted to be done in or upon the Lands, which may result in nuisance, damage or disturbance to the occupiers or owners of any lands or premises adjoining the Lands or to the holders of any easement, right of way or other encumbrance charging the whole or part of the Lands. 20. If deemed prudent or necessary by the Licensor the Licensee will : a) designate the boundaries of the Lands by notices, posted signs, fences or otherwise, as approved by the Licensor ; b) control, regulate and direct the movement, activities and the access and entry of all Licensee employees, agents, contractors, consultants, licensees or any other persons for whom Licensee is responsible to or on the Lands. Repair and Maintenance 21. The Licensee assumes full responsibility to keep, at all times that the lands are • occupied by or used by the Licensee, at the Licensee's expense, the Lands and any improvements constructed on the Lands (whether or not such improvements were constructed by the Licensee) in good repair, including without limitation, fences and gates. The Licensee shall endeavor to annually provide a schedule of planned occupation of the Lands to the Licensor prior to Victoria Day. Notice 22. Wherever any notice is required to be given to either party under the terms of this Licence, the notice must be in writing and will be deemed to be sufficiently given if it is forwarded by email, postage pre-paid mail or fax as set out below, or as either party later designates to the other by notice: • To the Licensor at Municipality of Kincardine 1475 Concession 5 RR#5 Kincardine, ON N2Z 2X6 Attention: Chief Administrative Officer Facsimile No: (519) 396-8288 Email: cao@kincardine.net To the Licensee at: meatconsultants@rogers.com A written record shall be kept of notice provided whether by electronic or other means. General 23. Where there is more than one Licensee, the provisions herein shall be read with all grammatical changes thereby rendered necessary and all the covenants shall be deemed joint and several. 24. Amendments and alterations to this Licence must be in writing, must be signed by both the Licensee and the Licensor and must be appended to this Licence. 25. Time is of the essence of this Licence. 26. This Licence is the complete and exclusive agreement between the parties and it supersedes all other agreements between the parties with respect to the Lands, whether oral or written, including any renewals and extensions and • restatements. THE LICENSEE 1519201 Ontario Inc . _6 , i - Date: �.;v f J 2J /57 Per David Brown, President I have the authority to bind the Corporation Witness --��--� I�" Print Name: Jf� I- /-1"L-5 Signatu - • THE LICENSOR ,,....,4 , —. Date: KN) 1. , X015 Mayor, Anne Eadie '----- ---21--C-2k �- Date: No v, i ,,, , a0► 5 CAO Murray Clarke We have the authority to bind the Corporation