HomeMy WebLinkAbout16 013 Bruce Power L.P. Lease Agreement (2015) Amendment By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY -LAW
NO. 2016 - 013
BEING A BY -LAW TO AMEND BY -LAW NO. 2015 -131; BEING A BY -LAW TO
AUTHORIZE THE SIGNING OF A LEASE AGREEMENT WITH BRUCE
POWER L.P. FOR RENTAL SPACE IN THE MUNICIPAL ADMINISTRATION
CENTRE
WHEREAS Sections 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, 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 By -law No. 2015 -131, the Bruce Power L.P. Lease Agreement
(2015) By -law, was passed the 16th day of September, 2015 and the term of the
lease in said agreement expires on June 30, 2016;
AND WHEREAS the tenant wishes to extend the term of the lease to December
31, 2016;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
deems it advisable to amend the above noted lease agreement with Bruce
Power L.P.;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
• r Power L.P. Lease Agreement be repealed
That section 3(a) of the Bruce ealed g p
and replaced with:
The Tenant shall have possession of the Premises for a period of
seventeen (17) months, commencing on the 1st day of July, 2015 and
ending on the 31st day of December, 2016.
2. That the Mayor and Chief Administrative Officer be authorized and
directed to execute, on behalf of The Corporation of the Municipality of
Kincardine, the Lease Agreement Amendment with Bruce Power L.P.,
attached to this by -law as Schedule "A ".
3. That this by -law shall come into full force and effect upon its final
passage.
4. That this by -law may be cited as the "Bruce Power L.P. Lease Agreement
(2015) Amendment By -law ".
• READ a FIRST and SECOND TIME this 27th day of January, 2016.
READ a THIRD TIME and FINALLY PASSED this 27th day of January, 2016.
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Mayor Clerk
This is Schedule " " to By -Law
No ;=)(6 passed the ' c�� day
of 'OfIUOt \I 20 \ b
LEASE AMENDMENT
Effective Date: Januo' j n2 + , 2016
BETWEEN `J
BRUCE POWER L.P. (the "Tenant ")
- and —
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE (the
"Landlord ")
RECITALS:
I. Tenant and Landlord executed the Lease, dated September 16, 2015 (the
"Lease ");
II. The term of Lease expires on June 30, 2016 (the "Original Term ");
III. Tenant wishes to extend the Original Term to December 31, 2016; and
IV. Landlord shall permit the Tenant to extent the Original Term.
Unless and only to the extent expressly amended, all provisions of the Lease
remain in full force and effect. The Lease is amended in accordance with, and
subject to the following:
1. Unless defined in this Lease Amendment, all capitalized terms have the
meaning set out in the Lease.
2. Replace section 3(a) of the Lease with the following:
"The Tenant shall have possession of the Premises for a period of
seventeen (17) months, commencing on the 1 day of July, 2015 and
ending on the 31 day of December, 2016 (the "Term')."
3. Bruce Power acknowledges and accepts that effective July 1, 2016, the
Rent shall increase in accordance with Ontario CPI.
4. This Lease Amendment is governed by the laws applicable in Ontario.
5. All capitalized terms used but not defined in this Lease Amendment shall
have the meanings set out in the Lease.
[See next page]
The Parties have, by their duly authorized representatives who each have the authority to
bind the Parties, executed this amendment on the Effective Date.
The Corporation of the Municipality BRUCE POWER L.P., by its General Partner,
of Kincardine Bruce Power Inc.
/
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Wit.
Name: Anne Eadie Name:
Title: Mayor Title:
Name.: Murray Clarke Name:
Title: Chief Administrative Officer Title: Brian Hilbers
Chief Legal Officer
BRUCE POWER
LAW DIVISION
Approved
Date AA If '/$