HomeMy WebLinkAboutKIN 92 029 Lease - D. Robinson
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.
THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW
BY-LAW NO. 1992-29
A BY-LAW TO AUTHORIZE THE SIGNING OF A RENTAL LEASE AGREEMENT
WHEREAS
Town of
rental lease
the Council for
Kincardine deems it
agreement;
The corporation of the
advisable to enter into a
NOW THEREFORE the council for The Corporation of the Town
of Kincardine ENACTS as follows:
1. That The corporation of the Town of Kincardine enter into
a rental lease agreement with Denise Robinson for Lot 6,
East Side of Huron Terrace, Plan 4. Town of Kincardine,
county of Bruce (951 Huron Terrace).
2. That the mayor and clerk be authorized to sign, on behalf
of The Corporation of the Town of Kincardine, the
agreement with Council which is attached to this by-law
and to affix the Town's Corporate seal as and wÌlen
required.
3. This by-law shall come into full force and effect upon
its final passage.
4. This by-law may be cited as the" Denise Robinson Lease
Agreement By-law".
READ a FIRST and SECOND time this 28th day of May, 1992.
READ a THIRD time and FINALLY PASSED this 28th day of.·Mày, 1992
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Mayor
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Clerk' - . - -
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Newsome aud Gilbert, Limited
Form 273
...... -.. """"
athis Jndtntnrt
made in duplicate the SEVENTH
day of
MAY
19 92
III JUflilUtttn' øf tIµ> &I}nrt Jrnrmll øf i4PItIltIl Art
ildwppu
THE CORPORATION OF THE TOWN OF KlNCARDINE
".,,-
hereinafter called the "Lessor"
OF THE FIRST PART
and
DENISE ROBINSON
hereinafter called the "Lessee"
OF THE SECOND PART
and
N/A
husband / wife of the said Lessor.
hereinafter called the "Spouse of the Lessor"
OF THE THIRD PART
JlUurlllltU, that in consideration of the rents, covenants and agreements hereinafter
:reserved and contained on the part of the said Lessee to be 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 located in the following munici-
pality, namely,
THE TOWN OF KINCARDINE
and being composed of
LOT 6, EAST SIDE OF HIDRON TERRACE, PLAN 4
(hereinafter called the "premises"), upon the following terms and conditions:
N8WII01De aDd GUbert. Limited
Form 1'14
...... Lea..
P_2
(io "anr alÙl to "olb the premises for and during the term of
ONE YEAR
to be computed from the FIRST day of JUNE one thousand
nine hundred and NINETY-TWO and ending on the 31ST day of
, one thousand nine hundred and
MAY NINETY-THREE
YIELDING AND PAYING therefor yearly and every year during the said term unto the
said Lessor the sum of $ 5,400.00 of lawful money of Canada, without any
deduction, defalcation or abatement whatsoever to be payable MONTHLY on the
following days and times, that is to say: June 1, July.1, Augus t 1, September
O~tober 1, November 1, De~ember 1, January 1, February 1,
Mar~h 1, April 1, May 1.
The first of such payments to become due and to be made on the
JUNE next.
FIRST
day of
THE Lessee agrees to deposit with the Lessor the sum of $ 450.00 as prepaid
rent, to be applied towards the last month's rent of the term. The Lessor agrees to pay to
the Lessee interest annually thereon at the rate of 670 per annum. Subject always to
Section 85 of the Landlord and Tenant Act, if the Lessee abandons or vacates the prem-
ises at any time prior to the expiration of the herein term of lease, the Lessor shall be
permitted to retain absolutely the aforesaid sum of money so deposited with the Lessor.
THE Lessee covenants with the Lessor: &
~o pay ~ent .... . I 1..1 ~t.-A:
_6. , 6 & ~
to pay water rates and charges for gas, electricity and telephone.
to maintain the premises in a state of cleanliness, and to repair any damage caused
thereto by his own wilful or negligent conduct or that of persons who are permitted
on the premises by him.
to keep up fences.
not to cut down timber.
not to assign or sublet without the consent of the Lessor, such consent not to be
arbitrarily or unreasonably withheld. The Lessee shall pay the Lessor's reasonable
expenses incurred thereby.
not to carryon upon the premises any business that may be deemed a nuisance or by
which the insurance on the premises will be increased.
that he will leave the premises in good repair, reasonable wear and tear and damage
by fire, lightning and tempest only excepted.
that the Lessee will repair according to notice in writing, reasonable wear and tear
and damage by fire lightning and tempest only excepted.
to promptly notify the Lessor of any repairs to be made by the Lessor, and upon
giving prior notice in accordance with Section 93 of the Landlord and Tenant Act,
the Lessor shall be permitted to enter and view the state of repair and to make any
such repairs.
PROVIDED that the Lessee may remove his fixtures, if such removal may be, and is, done
without injury to the premises.
PROVIDED that in the event of damage to the premises by fire, lightning or tempest,
rent shall cease until the premises are rebuilt.
.
PROVIDED that, where the premises become vacant and so remain for a period of 30
days, it shall be presumed that the Lessee has abandoned the premises and the Lessor
may re-enter and take immediate possession of the premises.
PROVIDED that if the Lessee be assessed as a Separate School Supporter, he will pay to
the Lessor a sum sufficient to cover the excess of the Separate School tax, over the public
school tax, if any, for a full calendar year.
~
PROVISO for re-entry by the Lessor on non-payment of rent or non-performance of cove-
nants, provided that such re-entry shall, at all times, be in accordance with the provisions
of the Landlord and Tenant Act.
of the
TOWN OF KINCARDINE
AFFIDAVIT AS TO AGE AND SPOUSAL STATUS
~~y~
I /
~äX DENISE ROBINSON
in the
COUNTY OF BRUCE
When I / wj executed the attached instrument,
. Ifattol1le7.
see footnote
(severally) make oath and say:
.
I WAS / WE 11 ERE E'" CD at least eighteen years old;
and witkin the meaning of clause 1 (f) of the Family Law Reform Act,
(a) ~ / I WAS NOT a spouse.
Strikeout
inapp1ic:.b1e
elauøes.
(b)
was my spouse.
(c) We were spouses of one another.
··Nota
matrünonbll
baaae, etc.,
.. footnote.
Resident of
Canada. ete.
(SEVERALLY) SWORN before me at the
this
12
day of
June
I
À
A COMMISSIONER FOR TAKING AFFIDAVITS. IITC.
-Note: Wh,ere a.fftda11Ît is made btI em &ttonieII, the øtíomew skGU d6p0Be. (a) thet the jlG.t'tz¡ was at leGat flÍllAteeÞ 'lI6MB of age st the time 0/
e:z:eClltÑM 01 tA6 j)OtÐØ7" olllttonloSl'; (b) /J8 to the ZHJ#'t1I. ~ M a spou.&'e at the time of ezecutioR. of the iRBtt"JI.mefit; øn4 (c) tI&øt the
power o/atconNw ill fa full forw GIld' efle" .,." hoe tIOt been FlWOked.
.. NoW: See døKN8 U(I) (b) (c) a.tId (d) of.'...... LrIw IòI-.Aet.I/ 1IJN*86'" tuÑ: 1M..,.............. iuøi .,r.t"tiioM or com-
plml 1II.."....e. a/IIIIa'ftt.
AFFIDAVIT OF SUBSCRIBING WITNESS
~ Charles W. Mann, Mayor
of the
Town of Kin~ardine
in the County of Bru~e
make oath and say:
·See footnote
I am a subscribing witness to the attached instrument and I was present and saw it executed
at The Town of Kin~ard ine by Denise Robinson
"See footnote
I verily believe· that each person whose signature I witnessed is the party of the same name referred
to in the instrument,
.
in the
Kin~ardi1e
19 92 J
SWORN before me at the
Town of
this 12
day of June
A COMMISSIONER FOR TAKING AFFIDAVITS. ETC
. w.... 0 """.;,.~ ~ ~ ""'TO", i. I....... ,haTØCt<T. add "oltOT i..'~_t had b~ T,,", to bim
AM M A~ ¡..u." to aftÙnltd.7Id #,', Where eucutetl vnder A power of e&ttonwI' Ï1tøert "(name 0/ AttonteJf) IIW IIUonIew fM' (114ft&8 0/ party)"; aM for tlen
... øbstitute "I "rill beUetI. tMt tile peraon. wMøe øigMtM,.. 1 toitneB8ød ... aatMrùed to eftt"llt-t! t/u Î'lUtniwwnt CIA' øttonMll ¡tW (ftdmeJ".
Strike out
¡lnot
applicable
Newmme net GUben. IJmJœd
Form I'll
_ Leue
p_a
PROVIDED that, if the term hereby granted shall be at any time seized or taken in execu-
tion or attachment, by any creditor of the Lessee, or if the Lessee shall make an assign-
ment for the benefit of creditors, or becoming bankrupt or insolvent shall take the benefit
of any Act that may be in force for bankrupt or insolvent debtors, the then current rent,
together with the rent for three months thereafter, shall immediately become due and
payable, all subject to the provisions of the Landlord and Tenant Act, as amended.
THE Lessor shall maintain the premises in a good state of repair and fit for habitation
during the herein lease in order that the premises comply with health and safety stan-
dards required by law.
THE Lessor covenants with the said Lessee for quiet enjoyment.
THE Lessee covenants with the Lessor to permit the said Lessor during the last month
of the currency of this lease, to put up upon the said premises, notice of his intention to
lease the same; and also to permit during the same time, such person or persons as he
may be desirous of leasing the said premises at the expiration of this lease to visit and
inspect the same on written notice to the Lessee, given at least twenty-four hours before
the time of entry, which shall be during daylight hours and specified in the notice.
IT IS HEREBY agreed between the parties hereto that if, upon the determination of the
lease by eflluxion of time, the Lessor permits the Lessee to remain in possession of the
premises and accepts rents in respect thereto, a tenancy from year to year shall not be
created by implication of law, but the Lessee shall be deemed to be a monthly tenant only.
THE Lessee or the Lessor may terminate this tenan~y upon sixty
days notice, in writing.
AND the said spouse of the said Lessor hereby consents to the transaction evidenced by
this Indentnre.
IT IS HEREBY declared and agreed that the expressions "Lessor" and "Lessee",
wherever used in this Indenture, shall, when the context allows, include, be binding on and
enure to the benefit of not only the parties hereto, but also their respective executors,
administrators and assigns.
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 femi-
nine 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 grammatical and terminological changes
thereby rendered had been made.
.....
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IN WITNESS WHEREOF the said parties hereto have hereun~~:t1Ïei . dš1t'ïíj./ _ Is.
_--.. . w_
=: : :. =
&igtu>b. &l'alrb alÙlllrltnrrl'b
in the presence of
THE CORPORATION
E
Mayor
RECEIPI' OF TENANCY AGREEMENT:
I/WE hereby acknowledge receiving a duplicate original copy of the herein lease this
day of ,19 92.
L~H~
Lessee (Tenant)
.........................
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Lessee (Tenant)