HomeMy WebLinkAboutBy-law 415/76THE CORPORATION OF THE TOWN OF'P'ICKERING
BY-LAW NUMBER / f
Being a by-law of the Corporation
of the Town of Pickering to authorize
the execution of a Short Term Lease
Agreement between the Corporation
and the Durham Board of Education
with respect to the leasing of
the former Cherrywood School
WHEREAS by Resolution Number 73 /76 the Council of the
Corporation of the Town of Pickering adopted a recommendation of
the Executive Committee being Item 8, meeting of may 25th 1976,
that the Town of Pickering enter into a lease agreement with the
Durham Board of Education to obtain the use of the Cherrywood
School;
NOW THEREFORE the Corporation of the Town of Pickering
hereby enacts as follows:
1. That the Mayor and Clerk be authorized to execute
a lease agreement between the Durham Board of
Education and The Corporation of the Town of Pickering
to obtain the use of the Cherrywood School.
By-law read a first, second and third time and PASSED this
day of (44AAL-, , 1976.
Mayor
i
? Jl
Administrator-Cler1
SHORT TERM LEASE
This Indenture made in Duplicate this 1st Day of July 1976
In Pursuance of The Short Forms of Leases Act.
BETWEEN:
THE DURHAM BOARD OF EDUCATION
hereinafter referred to as the Lessor
of the First Part
and
THE TOWN OF PICKERING
hereinafter referred to as the Lessee
of the Second Part
WITNESSETH that in consideration of the Rents, Covenants and
Agreements hereinafter respectively reserved and contained on the part
of the said Lessee to be respectively paid, observed and performed, the
said Lessor hath demised and leased and by these presents DOTH demise
and LEASE unto the said LESSEE ALL THAT messuage and tenement situate,
lying and being CHERRYWOOD PUBLIC SCHOOL situate in the Town of Pickering,
formerly the Township of Pickering and being composed of part of
Lot Number Thirty (30) in the Third Concession of the said Town, containing
by measurement 2 acres more or less.
TO HAVE AND TO HOLD the premises for and during the term of
twelve months to be computed from the lst day of July, one thousand,
nine hundred and seventy-six and ending on the 30th day of June, one
thousand, nine hundred and seventy-seven.
YIELDING AND PAYING therefore during the said term unto the said
Lessor the sum of $1.00 of lawful money of Canada now paid by the Lessee
to the Lessor (the receipt whereof is hereby acknowledged).
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The Lessee covenants with the Lessor:
(1) to pay taxes.
(2) to pay water rates and charges for gas, electricity and telephone.
(3) not to cut down timber.
(4) to use the building solely for the purpose of public programs
sponsored by the Recreation Department.
(5) that he will leave the premises in good repair, reasonable
wear and tear and damage by fire, lightning and tempest only
excepted.
(6) that the Lessee will repair according to notice in writing,
reasonable wear and tear and damage by fire, lightning and
tempest only excepted.
(7) that no additions or alterations shall be made to the building
without the prior written approval of the Lessor.
(8) to indemnify and save harmless the Lessor from any claim or
demand whatsoever concerning the use of the premises by any
person during the term of this lease or any renewal thereof.
(9) it is the intention of this lease that the rentals herein set
forth shall be net to the Lessor and clear of all taxes, costs
and charges arising from or relating to the premises and that
the Lessee shall pay all charges, impositions, and expenses of
every kind relating to the premises and the Lessee covenants
with the Lessor accordingly.
(10) that it will not assign or sub-let without leave, which said
leave may, notwithstanding the provisions of Section 22 of
The Landlord and Tenant Act of Ontario, be arbitrarily refused
by the Lessor in its sole and uncontrolled discretion.
(11) to keep the building or buildings on the demised premises insured
in the names and for the benefit of the Landlord and the Tenant as
their respective interests may from time to time appear against
loss or damage by fire, and all casualties normally covered by a
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standard fire insurance policy with broad extended coverage in an
amount not less than the actual cash value from time to time of the
building or buildings on the demised premises and to deliver to the
Lessor whenever required satisfactory evidence of such insurance
and of renewal from time to time thereof.
The Lessee shall maintain the premises in good state of repair and
fit for habitation during the herein lease in order that the premises
comply with health and safety standards required by law.
The Lessor covenants with the said Lessee for quiet enjoyment.
And it is further agreed between the parties hereto that wherever
the singular and masculine are used throughout this lease they shall be
construed as if the plural or feminine or neuter had been used, where the
context or the party or parties so require, and the rest of the sentence
shall be construed as if the grammatical and terminological changes thereby
rendered had been made.
WITNESS the corporate seals of the Lessor and Lessee herein
attested to by the hands of their respective proper officers in that behalf.
Signed, Sealed and Delivered ) THE DURHAM BOARD OF EDUCATION
in the Presence of )
Per
Per
THE TOWN OF PICKERING
Per