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Home My WebLink About17 075 Les Kempers land lease agreement (2017) by-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE I '67009IY ono" BY-LAW NO. 2017 - 075 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A LEASE AGREEMENT WITH LES KEMPERS FOR RENTAL OF PART OF CONCESSION 7 LOT 5 BEING PART OF PART 1 ON RP 3R-3897 BEING A PORTION OF ROLL #41 08 260 002 11900, COMMONLY KNOWN AS 1240 CONCESSION #6 • 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 of The Corporation of the Municipality of Kincardine deems it advisable to enter into a lease agreement with Les Kempers in consideration of the rents, covenants and obligations stipulated therein; 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 Les Kempers, for the rental of land more particularly described as Part of Concession 7 Lot 5 being Part of Part 1 on RP 3R- • 3897 being a portion of Roll #41 08 260 002 11900, commonly known as 1240 Concession #6, Municipality of Kincardine in consideration of rents, covenants and obligations. 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 with Les Kempers, attached hereto as Schedule "A" and forming part of this By-law. 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 "Les Kempers Land Lease Agreement (2017) By-law". READ a FIRST and SECOND TIME this 7th day of June, 2017. READ a THIRD TIME and FINALLY PASSED this 7th day of June, 2017. • Mayor Clerk This is Schedule "_6._." to By-Law No•b11-615passed the_2_ day of June 20�l- This AGREEMENT made this fi `day of 2017 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE (hereinafter called the "Lessor" of the First Part) And Les Kempers (hereinafter called the "Lessee" of the Second Part) 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 agree as follows: 1. The lands to be rented are more particularly described as Part of Concession 7 Lot 5 being Part of Part 1 on RP 3R-3897 being a portion of Roll#41 08 260 002 11900, commonly known as 1240 Concession#6 and shown on Schedule "A" attached. 2. The Lessor shall rent 4.5 acres, more or less, of unused vacant land to the Lessee as crop land. 3. The crops may be alfalfa, hay, grains. This shall not supersede the provisions contained in the Weed Control Act, as amended from time to time. 4. The Lessee will have and hold the said lands for the term of May 20,'2017 to December 31, 2017. 5. The Lessee shall pay rent annually of$1.00 inclusive of HST. 6. The Lessee shall not be responsible for any property taxes that may be assessed against the lands as a result of the Lessee occupying the lands. 7. The Lessee covenants to cultivate and maintain the land using environmentally sound land stewardship practices as determined by the Ontario Ministry of Agriculture, Food and Rural Affairs. 8. During the term of the lease,the Lessee agrees to undertake at his own expense any required revitalization of the lands by means of harrowing, fertilization or seeding. 9. The Lessee shall obtain permission from the Director of Public Works for the Municipality of Kincardine,prior to removing, altering or changing the position of any waterway, including grassed waterways; mature trees or any fence on the land. 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. The Lessee agrees to fully indemnify and hold harmless the Lessor from and against all suits,judgments, claims, demands, expenses, actions, causes of action and losses of any kind and for any and all liability for damages to property and injury to persons (including death)which the Lessor may incur, sustain or suffer as a result of, arising out of or in any way related to the matters addressed in this Agreement, unless such losses are caused solely by the Lessor's own gross negligence or willful misconduct. 12. The Lessee shall put in effect and maintain in his name, at his expense, all the necessary insurance that would be considered appropriate for a prudent Lessee undertaking this type of operation for the period during which the Agreement is in effect with insurers acceptable to the Lessor, including: Farm Liability Insurance, for third party bodily injury,personal injury and property damage to an inclusive limit of not less than Two Million Dollars ($2,000,000.00)per occurrence. The policy shall include: a. The Corporation of the Municipality of Kincardine as an additional insured; b. Pollution Liability c. A thirty(30) day written notice of cancellation The Lessee shall provide the Lessor with a valid Certificate of Insurance as evidence of the above coverages by June 16, 2017. The Lessee shall provide the Lessor with any renewal replacement certificates as may be necessary during the term of the Agreement. 13. This lease is not assignable by the Lessee without the express written consent of the Lessor. 14. This agreement may be terminated prior to December 31, 2017 by either party providing written notice is received sixty(60) days prior to proposed termination. 15. Provided this lease is and has remained in good standing,the Lessee shall have the first option to renew the lease by providing a written request to the Lessor on or before September 30, 2017. The terms and provisions of the renewal lease shall be satisfactory to the Lessor in its sole discretion. If a renewal lease has not been negotiated and executed by both parties on or before October 20, 2017,the Lessor shall be at liberty to tender the lease for the Lands or enter into negotiations with any other party for the lease of the Lands. 16. Unless the context otherwise requires,the word"Lessor" and"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 where there are two or more Lessee bound by the same covenants herein contained,their obligations shall be joint and several. 17. Any notice which either of the parties is required or permitted to give pursuant to any provision of this lease shall be given in writing by hand delivery or by registered mail addressed as set out below. Such notice shall be deemed to have been given at the time it was delivered or mailed, as the case may be. To the Lessee at: Les Kempers 239 Elgin Street PO Box 1153 Port Elgin, Ontario NOH 2C0. To the Lessor at: Office of the Clerk, Municipality of Kincardine, 1475 Concession 5, RR#5, Kincardine Ontario, N2Z//2X6 Les Kempers i tness The Corporation of the Municipality of Kincardine Mayor—Anne Eadie CAO—Murray Clarke We have the authority to bind the Corporation. Schedule 'A' Part of Concession 7 Lot 5 being Part of Part 1 on RP 3R-3897 ,noolot nos 10.33 TO Be PLAN 3R-38 ' .. 03033030 3.33 nie no.. \ PLAN o= SURVEY Or PART OF LOT 5 CONCESSION 7 TOWNSHIP oF BRUCE COUNTY OF BRUCE SCALE . 4 SO' JOHN C WOOD 0 L S I 1 4. 3.31330 Arro 03803030 Q44 0114 .0.c wow _q_Vrj, ne,300 cu.,.coo T. ammo cc.sum,. now,0,05004 OF 03.330 3 CAUTION,THIS FLAN IS NOT A PLAN OF sun.. WITHIN THE MEANING OF THE PLANNING ACT . . N• I I •g inr 3.30. . 3 tritT 31808 - 34 37.1 ,i . sal .33.33 .000 .; I. r-•'.11'1'1" ..c Trer 1: I ; i •70.- 3010.47.30, 350 1101,83T.8334 a nil - . •-•.7, -....: ,.... T gt1 am 15324, m I'I ' . F ,35- 13523 OT LAX-33 _21 INV 105534 Il-rd ! 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