HomeMy WebLinkAbout16 122 Peter Shelton Lease Agreement THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY -LAW
NO. 2016 -122
A BY -LAW TO AUTHORIZE THE SIGNING OF A LEASE AGREEMENT
WITH PETER SHELTON
WHEREAS Section 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 the Council for The Corporation of the Municipality of
Kincardine deems it expedient to enter into a five year lease with Peter Shelton
for Municipal property known as Parts Lot 14 and 15, Concession 5, former
Township of Kincardine, Municipality of Kincardine;
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 lease
agreement with Peter Shelton for the lease of property known as Parts Lot
14 and 15, Concession 5, former Township of Kincardine, Municipality of
Kincardine.
2. That the term of this lease be 2017, 2018, 2019, 2020 and 2021 to be
• computed from the 1st day of January 2017 and thenceforth ensuing and
to be fully completed and ended on the 31st day of December 2021.
3. That the Mayor and CAO be authorized to sign and execute, on behalf of
The Corporation of the Municipality of Kincardine, the Lease Agreement
with Peter Shelton, attached to this by -law as Schedule "A ", and to affix
the corporate seal as required.
4. That this By -law shall come into full force and effect upon its final
passage.
5. That this By -law may be cited as the "Peter Shelton Lease Agreement
(2017), By -law ".
READ a FIRST and SECOND TIME this 19th day of October, 2016.
READ a THIRD TIME and FINALLY PASSED this 19 day of October, 2016.
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Mayor Clerk
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This is Schedule" " to By - Law
No. i passed the 19
of OCACI ►'201(a
This AGREEMENT made this lc( day of QC_} -obe , 2016.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
hereinafter called the "Municipality"
of the First Part,
-and -
PETER SHELTON
hereinafter called the "Lessee"
of the Second Part.
WHEREAS the Municipality wishes to enter into a lease agreement with Peter Shelton
for the use of municipal lands;
AND WHEREAS these municipal lands are approximately thirteen acres of workable
farm land more particularly described as Part Lots 14 and 15, Concession 5,
Municipality of Kincardine, geographic Township of Kincardine.
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the
premises and mutual promises and covenants hereinafter contained, the parties hereby
agree as follows:
1. THE CORPORATION agrees to rent approximately thirteen workable acres of
farm land, to Peter Shelton of R.R. #2, Kincardine, Ont., N2Z 2X4;
2. THE LANDS to be rented are more particularly described as Part Lots 14 and 15,
Concession 5, Municipality of Kincardine, geographic Township of Kincardine
which are suitable for farming practices ;
3. THE LESSEE COVENANTS to keep the fences in good repair and to use the
lands described for farming practices only;
4. THE LESSEE WILL HAVE AND HOLD the said lands for the term of 2017,
2018, 2019, 2020 and 2021 to be computed from the 1st day of January 2017
and thenceforth ensuing and to be fully completed and ended on the 31st day of
December 2021.
5. YIELDING AND PAYING THEREFORE the sum of $73.41 per acre x 13 acres
totaling $954.33 plus HST of $124.06, for a total of $1,078.39 due annually and
payable December 1st, of each year for a five year term.
The above noted rent shall increase by the CPI to be calculated at the end of
each 12 month period.
6. PAYMENT to be made by cheque, cash or electronic transfer.
7. THE LESSEE COVENANTS that the Municipality, through its authorized agents,
may enter and view the state of the lands during all reasonable hours.
8. PROVISON for re -entry of the lands by the said Municipality on non - payment of
rent or non - performance of covenants.
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Peter Shelton Land Lease Agreement
Page 2 of 2
9. AND 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. All risks of any such injury being 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 $2,000,000.00 shall be
provided to the Municipality.
10. THAT 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 CAO,
Municipality, 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.
11. 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.
12. This lease is not assignable.
13. Either part may exit this agreement at the end of any of the crop seasons, upon
30 days written notice.
SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
nne Eadie, Mayor
T
Murray Clarke, CAO
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IIM ) • 4 . 11 -
Witness ) Peter Shelton
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