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HomeMy WebLinkAbout22 007 Collins Land Lease Agreement (2022) By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2022 - 007 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A LEASE AGREEMENT WITH DAN AND NOLA COLLINS FOR RENTAL OF PART OF PART LOT 14 & 15, CONCESSION 5, MUNICIPALITY OF KINCARDINE 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 Dan and Nola Collins 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 Dan and Nola Collins, for the rental of land described as part of Part Lot 14 & 15, Concession 5, Municipality of Kincardine, and more particularly described in Schedule “A” attached, 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 Dan and Nola Collins, 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 “Collins Land Lease Agreement (2022) By-law". READ a FIRST and SECOND TIME this 10th day of January, 2022. READ a THIRD TIME and FINALLY PASSED this 10th day of January, 2020. Mayor Clerk This is Schedule" f ' "to By-law No.a -i l passed the 10 day of —x ctr-ki 20 go.. This AGREEMENT made this art day of�( ,� � 2021 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE (hereinafter called the "Lessor" of the First Part) And Dan and Nola Collins (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 Lot 14& 15, Concession 5, Municipality of Kincardine, geographic Township of Kincardine. 2. THE LESSOR agrees to lease approximately thirteen workable acres of farmland to Dan and Nola Collins of 961 Boardwalk, Kincardine ON,N2Z 0C2 3. THE LESSEE will have and hold the said lands for the term of January 1, 2022 to December 31, 2026. 4. THE LESSEE shall have first right of refusal to renew the lease following the completion of the term. Renewal of the lease shall be at the discretion of the Lessors, and the compliance to lease terms will be a factor in this determination. 5. THE LESSEE shall pay rent annually of$2,600 plus HST due and payable in two equal installments of$1,300 (one thousand, three hundred dollars)plus HST bi- annually, which shall be due on the first day of April and the first day of November, in each year of the agreement, with payment to be made by cheque or cash. 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. THE LESSEE shall be responsible for maintaining the property including fences in a reasonable condition. 9. THE LESSEE will during the continuance of said term, mow the grass, keep down all noxious weeds and grasses,which shall grow upon said premises and will not suffer or permit any such foul seeds or noxious weeds to go to seed on the said premises. The lessor shall maintain the grassed ditch areas. 10. THE LESSEE shall keep the mouths of all under drains on the said premises open and free from obstruction, an in good running order at all times during the said terms, and will not suffer or permit such drains, or the watercourses in any open ditches on said premises to become obstructed, but will constantly keep the same free and clear, for the water flowing therein. 11. If rent is not paid when due,the Lessee agrees to pay interest on the amount of unpaid rent. 12. 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. 13. THE LESSEE shall put in effect and maintain in Their name, at Their 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 ($2,000,000.00)per occurrence. The policy shall include: a. The Corporation of the Municipality of Kincardine as an additional insured; b. Pollution Liability c. A thirty (30)day written notice of cancellation The Lessee shall provide the Lessor with a valid Certificate of Insurance as evidence of the above coverages upon signing of the agreement. The Lessee shall provide the Lessor with any renewal replacement certificates as may be necessary during the term of the Agreement. 14. This lease is not assignable by the Lessee without the express written consent of the Lessor. 15. This agreement may be terminated prior to December 31, 2026 by either party providing 30 written notice. 16. Unless the context otherwise requires, the word"Lessor" and"Lessee"wherever used herein shall be construed to include and shall mean the executors, administrators, successors and/or assigns of the said Lessor and Lessee, respectively, and where there are two or more Lessee bound by the same covenants herein contained,their obligations shall be joint and several. 17. Any notice which either of the parties is required or permitted to give pursuant to any provision of this lease shall be given in writing by hand delivery or by registered mail addressed as set out below. Such notice shall be deemed to have been given at the time it was delivered or mailed, as the case may be. To the Lessee at: 961 Boardwalk Kincardine ON N2Z 0C2 To the Lessor at: Municipality of Kincardine c/o Legislative Services 1475 Concession 5, RR#5, Kincardine Ontario, N2Z 2X6 , Collins Nola Colliers / J C ----N__ Witne$s f t: We have the authority to bind the Corporation. The Corporation of the Municipality of Kincardine Mayor—Gerry Glover 1f, t)20,Liii,74 a 4-1__A/t CAO—Roxanna Baumann We have the authority to bind the Corporation. csio CERTIFICATE OF LIABILITY INSURANCE This certificate is issued as a matter of information only and confers no rights upon the certificate holder and imposes no liability on the insurer. _ This certificate does not amend,extend or alter the coverage afforded by the policies below. ER CTIFICATE HOLDER- NAME AND MAIUNG ADDRESS INSURED'S FULL NAME AND MAILING ADDRESS Municpatity of Kincardine Dan&Nola Collins 1475 Con 5,RR#5 961 Boardwalk Kincardine Ont. Kincardine Ont. POSTAL POSTAL CODE N2Z 2X6 CODE Nu 0C2 11 DESCRIPTION OF OPERATIONS1LOCATIONS/AUTOMOBILES!SPECIAL ITEMS TO WMCH THIS CERTIFICATE APPLIES(but only with respect to the operations of the Named Insured) Operations usual to farming. • COVERAGES This is fo certify that the policies of insurance listed below have been issued to the insured named above for the policy period indicated notwithstanding any requirements,terms or conditions of any contract or other document with respect to which this certificate may be issued or may pertain. The insurance afforded by the policies described herein is subject to all terms,exdusions and conditions of such policies- LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS EFFECTIVE EXPIRY LIMITS OF UABILtrY INSURANCE COMPANY (Canadian dollars unless Indicated otharwise) TYPE OF INSURANCE AND POLICY NUMBER DATE DATE ana AMOUNT OF fM YYYYM/DD YYYY/MM/DD COVERAGE OEM INSURANCE COMMERCIAL GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY BODILY INJURY AND PROPERTY DAMAGE Trillium Mutual Ins.Pot i 923381 E0 2021/12/23 2022J04/30 LIABILITY -GENERAL AGGREGATE °CLAIMS MADE OR ❑OCCURRENCE ❑PRODUCTS AND I OR COMPLETED OPERATIONS •EAC-i OCCURRENCE °EMPLOYER'S LIABILITY PRODUCTS"AND COMPLETED OPERATION` ❑CROSS LIABILITY nPERSONAL IN:JRY UABILIT" OR ❑WAIVER OF SUBROGATION JERSONAL AND ADVERTISING INJURY LIABILITY MEDICAL PAYMENTS ❑TENANTS LEGAL LIABILITY TENANTS LEGAL UABIU TY ®POLLUTION LIABILITY EXTENSION POLLUTION UABILITY EXTENSION $2.000.000 O Comprehensive Farm Liability S2,000,000 0 ❑NON•OWNEDAUTOMOBILES NON-OWNED AUTOMOBILES ❑-fREDAL.TOWOSILES HIRED AUTOMOBILES AUTOMOBILE LIABILITY BODILY INJURY AND PROPERTY ❑ DESCRIBED ALTOMOSIL£S DAMAGE COMBINED El ALL OWNEDAUTOMOBILES BODILY INJURY (PER PERSON; ❑ LEASED AUTOMOBILES" BODILY INJURY (PERACCIDENT) "ALL AUTOMOefLES LEASED IN EXCESS OF 30 DAYS WHERE THE INSURED IS REQUIRED PROPERTY DAMAGE TO PROVIDE INSURANCE EXCESS LIABILITY EACH OCCJRRENCE ❑ UMBRELLA FORM AGGREGATE 0 OTHER LIABILITY (SPECIFY) 0 0 CANCELLATION Shotdd any of the above described policies be cancelled before the expiration date thereof,the issuing company will endeavor to mad days written notice to the certificate holder named above,but failure to mat such notice shall impose no obligation or liability of an kind upon the company,its agents or representatives.�_. BROKERAGE/AGENCY FULL NAME AND MAILING ADDRESS ADDITIONAL INSURED NAME AND MAIUNG ADDRESS(Commercial,General LiobCty.but only with respect to the oeerdflons of the Named Inured) Morris Wagner Ins.Ltd. Municipality of Kincardine 717 SR 5 1475 Con 5 RR#5 Chepstow Ont. cow NOG 1 KO Kincardine Ont. N2Z BROKER CLIENT ID: POSTAL 2X6CODE CI CERTIFICATE AUTHORIZATION ISSUER Trillium Mutual Ins. CONTACT NUMBER(S) TYPE NO. TYPE NO. AUTHORIZED REPRESENTATIVE ViC Morris TYPE NO. TYPE NO. SIGNATURE OF � ' DATE 2021/12/23 AUTHORIZED REPRESENTATIVE EMAIL ADDRESS YIGQmorriswagner.Ca CSIO•Certificate of Liability insurance CA4301e 201609 c2016 Centre fur Study of insurance Operations.Al nghts reserved.