HomeMy WebLinkAboutBy-law 1584/82THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1584 /82
Being a By-Law to authorize the execution
of a Lease Agreement between the Corporation
of the Town of Pickering and John W. Court
respecting the Don Beer Arena Pro Shop
(1982-1983)
WHEREAS the Corporation of the Town of Pickering is the owner of the
Don Beer Sports Arena and requires a Pro Shop to be operated therein
from November 1st, 1982 to April 30th, 1983;
NOW THEREFORE, the Council of the Corporation of the Town of Pickering
HEREBY ENACTS AS FOLLOWS:
The Mayor and Clerk are hereby authorized to authorize a Lease
Agreement, in the form attached hereto as Schedule "A", between
the Corporation of the Town of Pickering and John W. Court respec-
ting the leasing of the Don Beer Arena Pro Shop from November
1st, 1982 to April 30th, 1983.
BY-LAW read a first, second and third time and finally passed
15th day of November , 1982.
this
Schedule "A" to B~-Law Number 15.84/82
THIS AGREEMENT made this 1st day of November, 1982.
In pursuance of the Short Forms of Leases Act
BETWEEN :
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Lessor"
OF THE FIRST PART,
- and -
JOHN W. COURT
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, %he
Lessor doth demise and lease to the Lessee, his successors and assigns,
certain facilities outlined in red on the sketch attached hereto and
marked as Schedule "A" located in the Don Beer Sports Arena, in the
Town of Pickering, in the Region of Durham, together with all facilities
of ingress and egress required for the use of the facilities for the
purposes of a Pro Shop.
TO HAVE AND TO HOLD the premises for a period of six (6) months commenc-
ing on the first day of November, 1982;
YIELDING AND PAYING THEREFOR unto the Lessor the sum of One Thousand,
Five Hundred Dollars ($1,500.00) to be payable at the rate of Two
Hundred and Fifty Dollars ($250.00) per month in advance commencing on
the first day of November, 1982 and continuing monthly during the term
of this Lease.
THE LESSEE covenants with the Lessor to pay rent and the Lessor coven-
ants with the Lessee for quiet enjoyment provided that the Lessor may
re-enter on non-payment of rent or non-performance of any covenant.
THE LESSOR and the Lessee hereby further covenant and agree as follows:
The facilities referred to above shall be used for and occupied
only for the purpose of operating a Pro Shop, and the Lessee shall
not use or permit the facilities to be used for any other purpose
or purposes.
- 2 -
(1)
(2)
The Lessee shall operate the facilities as a Pro Shop for the
full term of this Lease.
The Lessee shall keep the Pro Shop open to the public for a
minimum of thirty-five (35) hours per week from November 1st,
1982 to April 30th, 1983, inclusive.
The Lessor covenants with the Lessee that the Lessor shall provide
a skate sharpening maching having a self-contained dust disposal
u_nit, and a cash register, for the use of the Lessee only in the
operation of the Pro Shop.
The Lessee acknowledges and agrees with the Lessor that the Lessee
is solely responsible for the rented facilities, the skate sharpen-
ing machine, and the cash register, including the maintenance
thereof, and for all persons and property at any time within those
facilities. The Lessor shall not be liable for any loss, damage
or injury, including loss of life, however occurring, unless
caused or contributed to by the neglect or the default of the
Les sor.
The Lessee shall, at his own expense, arrange and maintain Five
Hundred Thousand Dollars ($500,000.00) of Liability Insurance
indemnifying the Town from and against all claims, demands, loss,
costs, damages, actions, suits or other proceedings by whomsoever
made, sustained, brought or prosecuted in any manner based upon,
occasioned by or attributable to anything done or omitted to be
done by the Lessee in his use and maintenance of the rented facil-
ities.
Upon termination or expiry of this Lease, the Lessee shall be free
to arrange for the sale of equipment, shelving and supplies,
excluding the skate sharpening machine and cash register, to any
new lessee. In the event that no suitable arrangements are made,
the Lessee shall remove his equipment, shelving and supplies
without causing any inconvenience to staff or patrons and without
causing any damage to the building.
o
The Lessor may terminate this Lease at any time upon thirty (30)
day's notice in writing to the Lessee.
8. (1)
During the month of May, 1983, the Lessee may apply to the
Lessor for a renewal of this Lease for the period September
1st, 1983 to April 30th, 1984, inclusive, subject to the same
covenants and agreements as are herein set out, save and
except that:
(a) the rent payable shall be subject to renegotiation; and
(b) there shall be no further renewal provision,
and the Lessor, at its sole option, may grant or refuse to grant
such renewal.
9. This indenture shall enure to and be binding upon the Parties
hereto and their respective successors and assigns.
IN WITNESS WHEREOF the Party of the First Part has hereunto affixed its
corporate seal, attested to by its duly authorized officers in that
behalf, and the Par%y of the Second Part has hereunto affixed his hand
and seal.
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk
In the presence of
JOHN W. COURT
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