HomeMy WebLinkAbout18 136 Assign Airport Lease Agreement (Paul Williamson) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY-LAW
NO. 2018 - 136
BEING A BY-LAW TO AMEND BY-LAW NO 2006 - 295; BEING A BY-LAW TO
AUTHORIZE THE SIGNING OF A LEASE AGREEMENT FOR THE RENTAL OF
AN AIRPOT HANGAR AT THE KINCARDINE MUNICIPAL AIRPORT
WHEREAS pursuant to the said Municipal Act Sections 8 (1) and 9 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 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 passing of By-law No. 2006 - 295 the Council of The
Corporation of the Municipality of Kincardine entered into a lease agreement with
Roderick A. (Sandy) MacDonald and David Little for rental of an airplane hangar at
the Kincardine municipal airport located on Concession A Pt Lots 26 to 29 RP
3R438 Parts 2 to 8 RP 3R3803 Parts 1 to 5 RP 3613 Part 1;
AND WHEREAS Section 16 of the agreement attached as Schedule A to By-law
No. 2006 - 295 states that the Tenant may assign the said lease provided that the
Landlord has provided written consent, such consent to be granted or withheld at
the sole unfettered discretion of the Landlord;
AND WHEREAS David Little wishes to assign his portion of the said agreement
with the Municipality of Kincardine to Paul Williamson;
• NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That The Corporation of the Municipality of Kincardine assign the said
portion of the agreement formerly with David Little to Paul Williamson.
2. That the Mayor and CAO be authorized to sign on behalf of The Corporation
of the Municipality of Kincardine the Consent Agreement with David Little
attached to this by-law as Schedule A and to affix the corporate seal as
required.
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 "Assign Airport Lease Agreement (Paul
Williamson) By-Law".
READ a FIRST and SECOND TIME this 12th day of December, 2018.
READ a THIRD TIME and FINALLY PASSED this 12th day of December, 2018.
Mayor Clerk
Page 2 of 2
Assign Airport Lease Agreement (Paul Williamson) By-Law
By-law No. 2018 - 136
CONSENT
To: David Little
• To: Paul Williamson
RECITALS:
A. David Little and The Corporation of the Municipality of Kincardine
("Municipality") are parties to a Lease Agreement (the "Contract") dated
November 1st, 2006.
B. David Little wishes to assign to Paul Williamson all of his right title and
interest in and to the Contract.
C. Paul Williamson has agreed that as of January 1st, 2019 (the "Effective
Date") he will assume responsibility for the discharge and performance of
David Little's obligations under the Contract to the extent that such
obligations are to be observed paid discharged or performed, as the case
may be, at any time after the Effective Date and which arise out of events
occurring after such time.
Based upon the foregoing:
1. The Municipality acknowledges that the Contract is in full force and effect
• and that, to the Municipalities knowledge, David Little is not in default under
the Contract.
2. The Municipality consents to the assignment of the Contract to Paul
Williamson and in consideration of Paul Williamson assumption of David
Little's obligations under the Contract agrees that upon assignment, David
Little will be released and forever discharged from any obligations or
liabilities under the Contract arising after the Effective Date and for which
Paul Williamson has assumed responsibility.
3. In consideration of the Municipality's consent to the assignment of the
Contract to Paul Williamson the Municipality understands that it will be
entitled to enforce the Contract (to the extent that the obligations and
liabilities there under have been assumed by Paul Williamson) directly
against Paul Williamson and will have a direct right of action against Paul
Williamson in respect of those obligations and liabilities as if Paul Williamson
had executed and delivered the Contract.
• 4. The Municipality understands that this consent does not in any way derogate
from the rights of the Municipality under the Contract or release Paul
Williamson from the observance and performance of all the terms, covenants
and conditions on the part of David Little contained in the Contract.
5. The Municipality understands that this consent does not constitute a waiver
of the requirement for consent to any further assignment of the Contract, and
for any such assignment to be effective, shall require the prior consent of the
Municipality as set out in the Contract.
Dated this 12th day of December, 2018 and forming part of By-Law No. 2018 - 136.
The Corporation of the
Municipality of Kincardine
Per:
ame: Anne Eadie
• Ti Mayor
X/L,
Name: Sharon Chambers
Title: CAO