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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). ..2 - 2 - 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 ...3 -3- 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