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Home My WebLink About19 141 W.E. Thompson Lease Agreement (Bruce Power L.P.) 2019 By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Frr ui, 111 ® /C/mutt of x' BY-LAW NO. 2019 -141 BEING A BY-LAW TO AMEND BY-LAW NO. 2006 -006; BEING A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT TO GRANT AN EXCLUSIVE LICENSE FOR THE USE OF 705 PRINCES STREET, MUNICIPALITY OF KINCARDINE (FORMER W.E. THOMPSON PUBLIC SCHOOL) WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25, as amended, Section 8 (1) • and 9 provides 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 the Council of The Corporation of the Municipality of Kincardine passed By-law No. 2006 - 006 to enter into an agreement to grant exclusive use of 705 Princes Street, (Former W.E. Thompson Public School) and reassigned the agreement to Bruce Power L.P. by By-law No. 2008 - 086; AND WHEREAS By-law No. 2013 - 009 restated the agreement and extended it to January 10, 2020 and provided that Bruce Power L.P. may extend the Initial Term for an additional five (5) years commencing January 11th; AND WHEREAS Bruce Power L.P. wishes to extend the Initial Term; AND WHEREAS Council deems it expedient to extend the agreement with Bruce • Power L.P. to grant exclusive use of 705 Princes Street, (Former W.E. Thompson Public School) per By-law No. 2006 - 006 as amended; 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 an agreement with Bruce Power L.P. to extend the agreement to grant exclusive use of 705 Princes Street, (Former W.E. Thompson Public School) per By-law No. 2006 - 006 as amended; attached hereto as Schedule 'A' and forming part of this by-law. 2 That By-law No. 2006 - 006 be amended by repealing and replacing Paragraph 2 and Paragraph 7 per the attached Schedule 'A' forming part of this by-law; 3. That the Mayor and CAO be authorized and directed to execute, on behalf of The Corporation of the Municipality of Kincardine, the agreement with • Bruce Power L.P., attached hereto as Schedule "A". 4. This by-law shall come into full force and effect upon its final passage. Page 2 of 2 W.E. Thompson Lease Agreement (Bruce Power L.P.) 2019 By-law By-Law No. 2019 - 141 5. This by-law may be cited as the "W.E. Thompson Lease Agreement (Bruce Power L.P.) 2019 By-law". • READ a FIRST and SECOND TIME this 4th day of November, 2019. READ a THIRD TIME and FINALLY PASSED this 4th day of November, 2019. Mayor Clerk • • • This is Schedule " to By-Law No.�1ci-lgl passed the '-f day of Nvueimt;r 20 tci Bruce Power Innovation at work Effective Date: October 29th,2019 THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE 1475 Concession 5 Kincardine, ON N2Z 2X6 Attention: Mayor, Anne Eadie Re: Lease Agreement for W.E. Thompson Public School between The Corporation of the Municipality of Kincardine and Bruce Power L.P. CONTEXT: I. Bruce Power L.P. ("Bruce Power") and The Corporation of the Municipality of Kincardine (the "Municipality") are parties to the Second Amended & Restated License Agreement dated October 1, 2012, as amended from time to time, pursuant to which Bruce Power leases the W.E. Thompson Public School, which is municipally known as 705 Princess Street, Kincardine, Ontario, from the Municipality and the Municipality provides various services in connection with the lease. II. Under the W.E. Thompson Public School (Bruce Power L.P.) Licence Agreement By-law (the "Licence Agreement" dated September 6, 2017), the Municipality and Bruce Power amended Appendix A, Provision of Services from the Second Amended& Restated License Agreement. III. The Initial Term of the Second Amended & Restated License Agreement is to expire on January 10, 2020. The Municipality and Bruce Power wish to enter into this letter agreement in order to extend the Initial Term of the Second Amended & Restated License Agreement and "Appendix A", Provisions of Services of the License Agreement for an additional five (5) years commencing on January 11, 2020 and expiring on January 10, 2025. The terms of this letter agreement are as follows: 1) Extension of Term The parties hereby agree to amend the Second Amended & Restated License Agreement as follows: a) Paragraph 2 is deleted and replaced with the following: BRUCE POWER L.P. 177 Tie Rd.,Municipality of Kincardine R.R.#2 Tiverton,Ontario,NOG 2T0 www.brucepower.com -2- Municipality agrees to and does hereby grant an exclusive licence to use the Property to Bruce Power for an additional five (5) years (the `Additional Term') commencing on January 11, 2020 and expiring on January 10, 2025 all in accordance with the terms and conditions of the Second Amended & Restated License Agreement which shall apply throughout the Term. b) Paragraph 7 is deleted and replaced with the following: Bruce Power shall have the right to terminate this Agreement at any time by giving 90 days prior written notice to the Municipality. The Municipality shall have the right to terminate this Agreement at any time by giving 120 days prior written notice to Bruce Power. Bruce Power will be responsible for the full maintenance fees as set out in section 2 of Appendix A up to the termination date or when the premises are vacated, whichever is sooner. Bruce Power and the Municipality agree that the fees will be pro- rated based upon the portion of the full year that the services are actually required. 2) General a) Capitalized terms used but not defined in this letter agreement have the meaning set out in the Second Amended & Restated License Agreement. b) This letter agreement is governed by the laws of Ontario and is, in all regards, an Ontario agreement. c) Unless and only to the extent expressly amended herein, all terms and conditions of the Second Amended & Restated License Agreement shall remain in full force and effect. d) This letter agreement may be executed and delivered in any number of counterparts, each of which when executed and delivered is an original but all of which when taken together constitute one and the same instrument. Any party may deliver an executed copy of this letter agreement by facsimile or other means of electronic transmission. e) Amendments to this letter agreement are effective only upon written agreement by each party. The parties have, by their duly appointed representatives who each have the authority to bind the parties, executed this letter agreement on the Effective Date set out above. Signature Page to Follow. P.O.Box 1540, 177 Tie Road,B 10 Municipality of Kincardine,R.R.#2,Tiverton,Ontario,NOG 2T0 www.brucepower.corn THE CORPORATION OF THE BRUCE POWER L.P., by its General Partner, MUNICIPALITY OF KINCARDINE Bruce Power Inc. Per: ( Scongack Title: Ho O r Title: EVP, Corporate Affairs& Operational Services Per: Name: 3 lO(O( C�Qr \ er5 Name:Brian Hilbers Title: CAO Title: Chief Risk Officer& VP, Business Strategy Katie Plante ipApproved 2019.10.29 14:14:53 -04'00' P 0 Boy 1540. 177 Tie Road_B I O Municipality of Kincardine.RR_e2.Ti'erton.Ontario.NOG 21)) ‘‘‘‘'abruccpo'aer corn