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3111 To authorize a Lease Agreement between the Town of Tillsonburg and Hollister KiaBY-LAW NUMBER 3111 A BY-LAW TO AUTHORIZE A LEASE AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG AND HOLLISTER KIA WHEREAS the Corporation of the Town of Tillsonburg is the owner of land described as Part of 1, reference plan 41 R 7Z/58 in the Town of Tillsonburg, in the County of Oxford. AND WHEREAS Council of the Corporation of the Corporation of the Town of Tillsonburg are desirous of leasing a portion of these lands to Hollister KIA; AND WHEREAS the Corporation of the Town of Tillsonburg deem it necessary and expedient to enter into a lease agreement with Hollister KIA to lease the portion of the subject lands described as Part 1 reference plan 41 R-7#' ; THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT the Agreement attached hereto as Schedule "A" and fortning part of this By-law between the Corporation of the Town of Tillsonburg and Hollister KIA is hereby approved; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement marked as Schedule "A" on behalf of the Corporation of the Town of Tillsonburg. READ A FIRST, SECOND TIME THIS 10"' DAY OF MAY, 2004. READ A THIRD TIME AND FINALLY PASSED THIS 9T ll DAY OF AUGUST, 2004. 4 MAYOR -Stephen Molnar CLERK -Michael Graves THIS INDENTURE made in duplicate this 30 day of 2004. IN PURSUANCE OF THE SHORT FORMS OF LEASES ACT. BETWEEN: THE CORPORATION OF THE TOWN OF TI LLSONBURG hereinafter called the Lessor, of the First Part -and- HOLLISTER KIS. hereinafter called the Lessee, of the Second Part WITNESSETH that in consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Lessee, the Lessor DOTH demise and lease unto the Lessee his executors, administrators, and assigns, ALL that certain parcel or tract of land and premises situate lying and being the part of the lands described as Part 1 on Reference Plan 41 R- being Part of Lot 1379, 1380 and 1381, Plan 500, in the Town of Tillsonburg and shown on Schedule "A" to this agreement. To have and to hold the said demised prernises for and during the term of 50 years to be computed from the day of C.�b,� , 2004, and paying therefore unto the Lessor, the sum of $250 annually due � , - of every year. The said Lessee covenants with the said Lessor to pay taxes, and to pay for local improvements. The said Lessor covenants with the said Lessee for quiet enjoyment. Provided that the terms of this Lease shall bind all future Municipalities, Councils, Successors, and Assignees of the Lessor. Provided however, that the Lessors shall be allowed to construct either above or under the ground of the subject lands such major or minor construction and restorations as may be required by the said lessors for the purposes of, but not limited to the generality of the forgoing, to construct and maintain electrical, water, sewer, gas, oil, or any other utilities that may be required to accommodate such construction subject to notification by first class prepaid flail delivery to the lessee with at least 90 days notice. If the Lessee wishes to construct any structure, any retaining wall, sanitary sewer, storm sewer or parking lot or conduct any lot grading they will be required to go through the normal site plan process. Nothing in the foregoing eliminates the requirement to satisfy the Long Point Region Conservation Authority for any structures or grading. The Lessor maintains the right to all or part of the said lands that encroach on the Vicnna Street right of way. The Lessee will be required to extend the sanitary sewer steel liner at the Lessee's expense to prevent pipe failure to the satisfaction of the Town of "I'illsonburg and County of Oxford. Page 2 In the event that the Lessors are required to perform such construction, either above or below ground, then the Lessors shall be required to perform such work on the lands is such a manner that the lands will be returned to the same state of repair, trees and other vegetation excepted, prior to the construction undertaken. The Lessees will not be compensated in any manner whatsoever for the loss of use of the said lands during the period that such construction for utilities is undertaken by the Lessors, but any rent payable shall be abated during such construction. Provided that in such event the Lessors shall save harmless the Lessees from all liability in connection with such construction and work to be performed on the said lands. Provided that the Lessee shall save harmless the Lessors from all liability in connection with any utilization of the lands for their purposes and in the purposes of any employee or invitee. That the Lessee shall not be allowed to remove any minerals on or from the said lands without the express written consent of the Lessors. This agreement shall be binding on all parties hereto and may only be terminated by mutual agreement. The Lessor shall notify the Lessee in writing of any procedural default and the Lessee shall have 90 days within which to remedy said default. The Lessee shall notify the Lessor of any procedural default and the Lessor shall have 90 days within which to remedy said default. In the event of any misunderstanding or misinterpretation arising out of the lease, the parties herein agree that the matter shall be then settled forthwith in accordance with the provision contained in the Arbitrations Act, R.S.O. 1990, Chapter A.24 and all amendments thereto, and the parties agree to be bound by any such decisions obtained as a result thereof. All notices to the Lessee shall be addressed to the Lessee at Hollister KIA, ] I Simcoe Street, Tillsonburg, Ontario, N4G 2H4. All notices addressed to the Lessor shall be addressed to the Lessor at the Town of Tillsonburg, 200 Broadway, 2nd Floor, Tillsonburg, ON N4G 5A7. It is hereby declared and agreed that this Indenture shall enure to the benefit of and be binding upon the parties hereto, their heirs, executors, administrators, successors, and assigns respectively and subsequent members of Council for each of the Municipalities respectively. And it is further agreed by and between the parties hereto that wherever the singular and masculine are used throughout this Lease the same shall be so construed as if the plural or the feminine had been used where the context or the; party or parties hereto so require, and the rest of the sentence shall be construed as if the necessary grammatical and terminological changes thereby rendered necessary had been made. IN WITNESS WHEREOF the parties hereto have hereunto set their bands and scall. SIGNED, SEALED AND ) DELIVERED in the ) Presence of ) THE CORP RATION OF THE TOWN TILLSONBURG MAYOR CLERK DA E Page 3 THE LESSEE A a. DATE ATE