HomeMy WebLinkAboutBy-law 2792/88 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2792 /88
Being a by-law to authorize the execution of an
Agreement to amend the Lease dated April 25,
1983 between the Town and Shane Coburn/Walter
Thorne to provide for an assignment of that Lease
from Shame Coburn / Walter Thorne to Shame
Coburn (Pickering Driving Range; Part Lot 19,
Concession 3, Pickering; part of Parts 37 and 40,
Plan 40R-6934).
WHEREAS, pursuant to the provisions of section 193 of the Municipal Act, R.S.O.
1980, chapter 302, The Corporation of the Town of Pickering, by Lease dated April
25, 1983, leased certain parts of its ]ands in Lot 19, Concession 3, Pickering, to
Shane Coburn and Walter Thorne as co-tenants, for the purposes of the operation of
the "Pickering Driving Range"; and
WHEREAS, an amendment to that Lease is required to allow Shame Coburn and Walter
Thorne, as co-tenants, to assign that Lease to Shame Coburn as sole tenant;
NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY
ENACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute an Agreement, in the
form attached hereto as Schedule A, between The Corporation of the Town of
Picketing and Shane Coburn to provide for the assignment of the Lease dated
April 25, 1983, between The Corporation of the Town of Picketing and Shane
Coburn/Walter Thorne (Part Lot 19, Concession 3, Pickering; part of Parts 37
and 40; Plan 40R-6934; Picketing Driving Range).
BY-LAW read a first, second and third time and finally passed this 6th day of June,
1988.
Schedule A
THIS AGREEMENT made this 6th day of June, 1988.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town",
OF THE FIRST PART,
and
SHANE COBURN
hereinafter called "the Assignee",
OF THE SECOND PART.
WHEREAS, pursuant to a Lease dated April 25, 1983, the Town, as Landlord, leased
to Shane Coburn and Walter Thorne, as Tenant, 50,167.64 square metres of land in
Lot 19, Concession 3, Picketing, comprising that part of Parts 37 and 40, Plan
40R-6934, outlined in red on sketch attached thereto as Schedule A; and
WHEREAS, section 7(2) of that Lease prohibits the Tenant from assigning the Lease;
and
WHEREAS, by assignment of Lease dated April 14, 1988, Shane Coburn and Walter
Thorne, as Tenant, purported to assign that Lease to Shane Coburn, as the
Assignee;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT, in consideration of the
Town, consenting to that assignment of the Lease, the Assignee agrees with the Town
as follows:
1. In this Agreement, the term "Lease" means the Lease dated April 25, 1983,
between The Corporation of the Town of Pickering, as Landlord, and Shane
Coburn and Walter Thorne, collectively as Tenant, whereby the Landlord leased
to the Tenant, 50,167.64 square metres of rentable area located in Lot 19,
Concession 3, Pickering, and comprising that part of Parts 37 and 40, Plan
40R-6934 outlined in red on the sketch attached thereto as Schedule A, for a
term of 10 years commencing April l, 1983 and ending March 31, 1993.
2. The Assignee acknowledges and agrees that he is bound by all the terms and
provisions of the Lease, as amended hereby, as if he were the sole person com-
prising the Tenant therein.
3. Section 7 of the Lease is hereby amended by adding thereto the following
subsection:
3. Asmt~nment to Shane Coburn
Without limiting the continuation of the general prohibition against
assignment and subletting set out in subsection (2), and despite
the provisions thereof, the Landlord hereby consents to an
assignment dated April 14, 1988, of this Lease by the Tenant to
Shane Coburn, who shall, as of that date, be deemed to be the
Tenant herein for the balance of the term hereof, paying the rent
and observing and performing the covenants, conditions and
agreements on the part of the Tenant herein contained and
against whom the Landlord shall be entitled to all remedies in
respect of non-payment of rent and breaches of covenants, con-
ditions and agreements as if he were the Tenant named herein.
IN WITNESS WHEREOF the Town has hereunto affixed its corporate seal, attested to
by the hands of its proper authorized officers and the Assignee has hereunto affixed
his hand and seal.
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
John E. Anderson, Mayor
Bruce Taylor, Clerk
In the presence of
Shane Coburn