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Home My WebLink About03 031 agree lease kelly .. e e - ¡ THE CORPORATION OF THE MUNICIPALITY OF KINC4rnINE BY-LAW NO. 2003 - 31 A BY·LAW TO AUTHORIZE THE SIGNIN~ OF A LEASE AGREEMENT WITH PETER LESLI' KELLY I I I WHEREAS the Council for The Municipality of Kincardine deerrls it advisable to enter into a Lease Agreement with Peter Leslie Kelly (attached JO this by-law as Schedule "A"); ¡ I I AND WHEREAS this lease agreement grants the Right of Way lac cess over a portion ofthe property known by the roll #41 08220001 01 74q on the property assessment roll; . i NOW THEREFORE the Council for The Corporation of trie Municipality of Kincardine ENACTS as follows: i I 1. That the Corporation of the Municipality of Kincardine ~nter into a lease agreement with Peter Leslie Kelly. i I 2. That the Mayor and CAO be authorized to sign, on behalf~f The Corporation of the Municipality of Kincardine, the Lease Agreement with Peter Leslie Kelly attached to this by-law as Schedule "A" and to affix the co orate seal as and when required. i 3. This By-law shall come into full force and effect upon its fin~il passage. 4. This By-law may be cited as the "Kelly Right of Way ease Agreement, By-law". i i READ a FIRST, SECOND and THIRD TIME and DEEMED Td BE PASSED this 5th day of March 2003. -¡ i i I I I· I _.~) /····1 ./ é ~-r- ..-o.Lo...-v.. TClerk - JI' i · . i , I BETWEEN THIS INDENTURE made in duplicate this 25th day of January, 2003 THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE . Hereinafter called the "Lessor" OF THE FIRST PART And PETER LESLIE KELLY Hereinafter called the "Licensee" OF THE SECOND PART I. The Corporation of the MunicipaIity of Kincardine (the "Lessor") granted a lease (the "Lease'') to Peter Kelly, the Right of Way access over a portion of the property descnòed as 4108220001 01740 on the property assessment roll. 2. The Municipality owns the property described as 410822000101740 and the right ofwsy access. (See attacbed Schedule "A'') 3. The MunicipaIity agrees to pennit the tenancy to continue upon the municipal property on certain terms and conditions set out. It 1. The term of this License sball expire on the earlier of. i) Twenty (20) years from the date of passage of this agreement, provided that at the expiry of the term and at the Licensee's request, Council of the Municipality may, at its discretion, extend the term for such period of time and on such terms and conditions as it deems advisable; ü) The date of sale or transfer of the lands descnòed in Schedule "A", unless the MunicipaIity at the request of the purchaser or transferee of the lands approved an extension and assigmneot of this agreement and the purchaser or transferee has executed the extension and assignment agreement prepared by the MunicipaIity. üi) Or upon the municipality giving Mr. Kelly 90 days written notice. 2. The Licensee sball at its own cost, charge and expense and to the satislàction of the Municipality: i) Keep and maintain the tenancy in a good a proper state of repair and safety; ü) Make no additions or modifications to the tenancy which are not authorized or contemplated by this agreement üi) Comply with such further and additional requirements, as may be required by the Municipality, acting reasonably. .. 3. The Licensee sball at all times fully indemnify and save harmless the Municipality against all actions, suits, claims and ........niI. wbatsoever which may be incurred, sustained or paid by the MunicipaIity for or by reason of or on account of the pennission hereby granted to the Licensee or the exercise by the Licensee of such pennission or the erection and maintenance of the Tenancy and appurtenances thereto or anything in any matter relating thereto, and the Licensee hereby grants to the Municipality full power and authority to settle any such actions, suits, claims or demands on such terms as the Municipality may deem advisable and the Licensee bereby covenants and agrees with the Municipality to fotthwith pay to the Municipality on demand all , '. " . . '. '>"!"' moneys paid by the Muuicipality in pursuance of any such settlement and also such sum as shall represent the reasonable costs of the Municipality or its solicitors in defending or settling any such actions, suits claims or d......nd.. based on a solicitor and own client basis. 4. The Licensee covenants and agrees to provide the Municipality with a certificate of general liability insurance, on or before execution of this agreement, covering the Licensee and the Muuicipality in respect of the lands subject to the Tenancy during the tenn of this agreement and any extensions authorized by the Council of the Municipality to extent of not less than $1,000,000.00 inclusive of all injuries or death to person and damage to property of others arising from anyone occurrence. The Municipality is to be an added insured under the insw'ance policy. Without limiting the generality of the foregoing, such public liability and severability of interests and further that the policy will not be changed or amended in any way or cancelled until 90 days after written notice of such change or cancellation sball have been given to the Municipality. 5. Where, in the opinion of the Municipality, it is necessary to remove or alter the Tenancy or part thereof, the Licensee shall, at its own cost, charge sod expense, sod to the satislàction of the Municipality, alter or remove the tenancy or any part thereof from the municipal property, and restore the affected area upon receiving notice in writing from the Municipality to do, without being entitled to any compensa~on whatsoever for such alteration or removal and restoration. If the Licensee neglects, refuses or fitils so to do within 90 days of receiving the aforesaid notice to alter or remove, then the Municipality may alter the tenancy or parts thereof from the municipal property, as determined by the Municipality at the cost, charge and expense of the Licensee sod the certificate of the Muuicipality as to the cost of such alteration or removal and restoration sball be final and binding upon the Licensee and the MunicipaIity may recover such costs from the Licensee in like manner as taxes. 6. Nothing contained herein sball be construed as giving to the licensee anything more than pennission to erect sod moin",in the Tenancy until such time as this agreement expires or is termin.t..d or the removal of such Tenancy may be required as provided. 7. The parties acknowledge sod agree that no length of time of, or enjoyment by the Licensee of the pennission granted berein sball ensure to, or give any right, title or interest to the Licensee or its successors in title, of the municipal property or any right to m.in"'in the proposed Tenancy upon the municipal property, or sball deprive the Municipality by the operation of any limitation period or otherwise of any right to require the removal of the Tenancy or any restoration of the municipal property to the satislàction of the Municipality at the Licensee's expense. 8. The Licensee bereby covenants and agrees that at the time that the Tenancy is removed in whole or in part, or is in need of replacement, and in any event, upon the expiry or tennination of this agreement, that the wodæ formerly comprising such Tenancy sball be removed, at the Licensee's sole expense, so that they are located entirely off the municipal property and at such time, this agreement sball become null sod void and be of no further effect 9. The Licensee covenants and agrees that the MunicipaIity, and its respective officers, servants, worlcers, employees, agents and contractors under its control or supervision or any of them sball have the right from time to time and at all reasonable times during the currency of this agreement, to enter in and upon the lands described in Schedule "A" or any part thereof, with all necessary workers, plants, equipment and material for the purpose of inspecting, altering or removing the Tenancy from the muuicipal property in accordance with this agreement Such inspection shall not free or relieve the Licensee in any way whatsoever from the liability under the covenant set out to keep and m.in"'in the Tenancy in good and proper repair and condition. 10. The parties acknowledge sod agree that this Licensee does not in any way whatsoever diminish the rights of the Municipality, or any gas, telephone, telegraph, electric light or other public utility company, their respective officers, servants, worlcers, employees, agents and contractors, to enter at all times upon the municipal property for the purpose of constructing, repairing, maintaining, replacing or removing any sewers, mains, culverts, drains, water pipes, poles, wires or otherwise underground services and installations and appurtenances thereto. The Licensee shall not be entitled to any damages or compensation by reason of the exercise of the Municipality or utility company's rights contained in this clause and the Licensee at its own expense shall carry out such '. alteration or removal of the Tenancy as the Municipality may direct pursuant to the exercise of the Municipality's or utility company's rights. 12. The Licensee agrees that any and all costs, sums and expenses paid, incurred or sustained by the Municipality as berein provided sball fonn and constitute a charge or lien on the lands set out in Schedule" A" attacbed hereto, until fully paid. . . 13. The Licensee covenants and agrees not to assign or to transfer this agreement to any successor or assignee of the premises descnòed in Schedule " A" without the consent of the Municipality and if such assignment is agreed the Licensee will .obtain from such successor or assignee a covenant in favour of the Municipality that the successor or assignee will be bound by all of the terms and conditions of this agreement from and after the date of its assignment as aforesaid, it being the intention that the owner from time to time of the lands and premises descnòed in Schedule "A" sball have the benefit of and be liable for performance of the obligations contained in this agreement. 14 The Licensee agrees that for the purpose of this agreement, notice may be given to the Licensee by mailing the same, by prepaid registered mail, addressed to the Licensee at its address as last known to the Municipality pursuant to the most recent revised assessment rolls. Such notice shall be deemed to have been m:eived by the Licensee 7 days following the date when it was handed to the post office. . 15. The Licensee agrees to pay to the MuuicipaIity prior to the execution of this agreement, the sum of $100.00, being .dmin;.tration fees to the Municipality to defray the cost of preparing and administering this agreement, and shall further pay to the MuuicipaIity an IIIIIIU8l fee of $100.00 during each calendar year of the term of this agreement The payments are to be made annually on the property tax bills. The Licensee sball, at all times during the life of this license agreement, be subject to all laws, by- laws and regulations now or bereinafter enacted, to all statutes, orders and rules made or to be made by a lawfully constituted authority having jurisdiction therein. 16. 17. This agreement and everything herein contained sball run with the lands descnòed in Schedule "A" and inure to the benefit of and be binding upon the parties, their beirs, executors, administrators, successors and assigns. 18. This agreement sball be read with all changes of gender or number required by the context. IN WITNESS WHEREOF the parties have set their hands and corporate seals attested by the hands of their respective officers duly authorized in that behalf. Wif!'~ !£~s~ 1I!o~/ø~ fate I '%:fj 44.//- .:J.t::JtP9 Date .~03 . THE CORPORATION OF THE MUNICIPALITY OF KINC Per: ¡..jû¡, . . ~ Pet;j .; l- A? - _..l/ "-.. CAO ......... Mâyor . , i~ .. c:J .. Schedule "A" 4108 «000 101 740 Leased Portion of Land Municipal Land Not Leased Mr. Kelly Property Portion of Municipal lancl41 08 220 001 01740 leased to Mr. Kelly