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.
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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.
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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
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THE LESSEE A
a.
DATE
ATE