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3104 To authorize a Lease agreement between the Tonw of Tillsonburg and David HillnerBY-LAW NUMBER 3104 A BY-LAW TO AUTHORIZE A LEASE AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG AND DAVID HILLNER WHEREAS the Corporation of the Town of Tillsonburg is the owner of lands being Part of Lot 51 in the 7t1' Concession of the Township of South-West Oxford in the County of Oxford , formerly Township of Dereham, in the County of Oxford and being a parcel of land having a frontage of 56 feet by a depth of 100 feet as designated for the Flying Club on Development Plan Number 2 as prepared by M. M. Dillon Ltd. AND WHEREAS a lease was entered into on December 18, 1980 between the Tillsonburg Flying Club and the Corporation of the Town of Tillsonburg. AND WHEREAS by Assignment of Lease dated February 8, 1984 Tillsonburg Flying Club did assign a one-fourth interest in the said lease to D.M. Stiller Limited AND WHEREAS by Assignment of Lease dated January 7, 1988 D.M. Stiller Limited did assign a one-fourth interest in the said lease to Lloyd D. Rodgers and Olive Rodgers. AND WHEREAS Mr. and Mrs. Lloyd D. Rogers' are now desirous to assign their portion of the lease to David Hillner; AND WHEREAS the Council of the Corporation of the Town of Tillsonburg is desirous of leasing this portion to David Hillner; AND WHEREAS the Corporation of the Town of Tillsonburg deems it necessary and expedient to enter into an assignment agreement with Mr. and Mrs. Rodgers and David Hillner to assign the Lease from Mr. and Mrs. Rodgers to David Hillner; THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT the Agreement attached hereto as Schedule "A" and forming part of this By-law between the Corporation of the Town of Tillsonburg and Mr. and Mrs. Rodgers and David Hillner is hereby approved; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement marked as Schedule "A" on behalf of the Corporation of the Town of Tillsonburg. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 22nd DAY OF MARCH, 2004. MAYOR -Step hen Molnar CLERK -Michael Graves BETWEEN: -and- THIS INDENTURE made in duplicate the 7th day of January, 2004 LLOYD D. RODGERS and OLIVE RODGERS DAVID HILLNER herein called "the Assignors", OF THE FIRST PART herein called "the Assignee" OF THE SECOND PART WHEREAS by a lease dated the l 8th day of December, 1980 and made between The Corporation of the Town of Tillsonburg as Lessor and Tillsonburg Flying Club as Lessee, the said Lessor did demise unto the said Lessee the lands and premises therein and hereinafter described to hold for the term of twenty-five (25) years, at the yearly rent of One Hundred Forty Dollars ($140.00), and subject to the Lessee's covenants and agreements in the said lease. AND WHEREAS by Assignment of Lease dated February 8, 1984 Tillsonburg Flying Club did assign a one-fourth interest in the said lease to D.M. Stiller Limited. AND WHEREAS by Assignment of Lease dated January 7, 1988 D.M. Stiller Limited did assign a one- fourth interest in the said lease to Jack Daniel and Janet Daniel. AND WHEREAS by Assignment of Lease dated October 1, 1993 Jack Daniel and Janet Daniel did assign a one-fourth interest in the said lease to Lloyd D. Rodgers and Olive Rodgers, the Assignors herein. AND WHEREAS the Assignors have agreed to sell and assign the lease unto the Assignee. NOW THIS INDENTURE WITNESSETH that in consideration of other valuable consideration and the sumof TWO--------------------------------------------------------------------------------------------DOLLARS now paid by the Assignee to the Assignors (the receipt whereof is hereby acknowledged) the Assignors do hereby grant and assign unto the Assignee an undivided one-fourth interest in those lands and premises located in the following municipality, namely, the Township of South-West Oxford, in the County of Oxford and being composed of: All that certain parcel of land situate, lying and being part of Lot 5, in the 7th Concession of the Township of South-West Oxford in the County of Oxford, formerly the Township of Dereham, in the County of Oxford, and being a parcel of land having a frontage of 56 feet by a depth of 100 feet as designated for the Flying Club on Development Plan Number 2 as prepared by M. M. Dillon Ltd., and adopted by the Tillsonburg Town Council on October 6, 1980 and more particularly as outlined in red on the copy of a survey attached hereto. together with the residue unexpired of the term of years in the lease, and the lease and all benefit and advantage to be derived therefrom. TO HAVE AND TO HOLD the same unto the Assignee, his heirs, executors, administrators and assigns, subject to the payment of the rent and the observance and performance of the lessee's covenants and conditions contained in the lease. AND the Assignors hereby covenant with the Assignee that, notwithstanding any act of the Assignors, the lease is a good, valid and subsisting lease, and that the rents thereby reserved have been duly paid up to the 7th day of January, 1.004, and the covenants and conditions contained therein have been duly paid and performed by the Assignors up to the date hereof. AND that notwithstanding as aforesaid the Assignors now have in good right, full power and absolute authority to assign the lease and the said lands and premises in manner aforesaid, according to the true intent and meaning of this Indenture. AND that subject to the said rent, and the lessee's covenants and the conditions contained in the lease, the Assignee may enter into and upon and hold and enjoy the said lands and premises for the residue of the term granted by the lease and every renewal thereof (if any) for his own use and benefit, without any interruption of the Assignors or any other person whomsoever claiming or to claim by, through or under 111111. AND that the Assignors shall and will from time to time, and at all times hereafter, at the request and costs of the Assignee, execute such further assurance of the said lands and premises as the Assignee shall reasonably require. AND the Assignee covenants with the Assignors that the Assignee shall and will from time to time during all the residue of the term granted by the lease, and every renewal thereof, pay the rent and perform the lessee's covenants, conditions and agreements contained in the lease, and indemnify and save harmless the Assignors therefrom and from all actions, suits, costs, losses, charges, damages and expenses for or in respect thereof. AND the Town of Tillsonburg hereby consents to the transaction evidenced by this Indenture. iN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals. SiGNED, SEALED and DELIVERED in the presence of ) `f Loyd . Rodgers 'v ) O i e Rodgers David Hiilner e Corpora ' n of the own of Ti l isonburg p n oln ay r r Micha 1 Graves, pv-00 co�,j Well r'wOr00r~ i --Tile BE Nit I 115 rn4C--• V Public Cn . 1 �C� D fit_'