4232 ATT01 Assignment of LeaseASSIGNMENT OF LEASE
Dated this 90 day of October, 2018
BETWEEN:
THE CORPORATION OF THE TOWN OF TILLSONBURG
(hereinafter collectively referred to as the Lessor)
- and -
Jeffrey Wilkins
(hereinafter collectively referred to as the Assignor)
OF177010
George J. Gilvesy
(hereinafter collectively referred to as the "Assignee")
WHEREAS
The Assignor signed a lease with the Lessor dated December 19th, 2016
"Lease") and attached as Schedule "A" to this Assignment.
The Assignor desires to assign his interest in the Lease to the Assignee.
The Lessor has consented to such assignment subject to the terms and
conditions contained in this Assignment Agreement (the "Agreement").
In consideration for the sum of $1.00, the receipt and sufficiency of such is hereby
acknowledged, and other such valuable consideration and the mutual covenants a
representations contained herein the Parties hereby agree as follows:
The Assignor covenants that:
(a) They are in good standing with the terms of the Lease; and,
(b) They have the requisite power and authority to assign the U
2. The parties agree that the Assignor will assign their benefits and
pursuant to the Lease to the Assignee.
3. From the time of execution of this Agreement, the Assignee agrees to be
bound by all the terms, obligations, warranties, covenants and promises
contained in the Lease and to fulfill any and all obligations as contained in
Lease.
4. This assignment of the Lease shall be effective at such time that the Assig
and Assignee agree.
5. The Lessor consents to this assignment subject to the terms and conditior
contained in this Agreement and the Lessor confirms, which the Assignee
acknowledges, the following:
(a) that the consent of the Lessor does not constitute a waiver of
necessity for obtaining consent to any further assignment;
(b) this assignment shall not be construed or interpreted as a
or waiver of any rights of the Lessor in the Lease; and,
(c) that this assignment does not derogate from the rights of the
Lessor in the Lease.
6. The Assignee shall have relied upon its own inspections of the Lease and
premises as described in the Lease and has not relied upon any represen
or warranties of the Lessor. The Assignee covenants that if there is any d
in the terms of the Lease caused or contributed by the Assignor then the
Assignee shall be solely responsible for such breaches and shall not use t
assignment, as a defence to any demand, claim or action brought by the I.
to remedy the breach or enforce the Lease.
7. Notwithstanding the assignment of the Lease, as contained in this Agreem
the Assignee acknowledges that Article 4(4) of the Lease is still in force an
effect and the Assignee is obligated to satisfy payment of rent and any and
terms and conditions as contained in the Lease.
8. The Assignor and Assignee covenant that they have had an opportunity to
independent legal advice prior to signing this Assignment.
9. The Assignee shall reimburse the Lessor from all reasonable legal costs in
preparation and execution of the assignment and Agreement.
10. This Agreement constitute the entire agreement between the parties hereto
pertaining to the subject matter hereof and supersedes all prior and
contemporaneous agreements, understandings, negotiations and discussioi
whether oral or written, of the parties and there are no warranties,
representations or other agreements between the parties in connection with
subject matter hereof, except as specifically set forth herein. No supplemer
modification, waiver or termination of this Agreement shall be binding unless
executed in writing by the party to be bound thereby.
11. In the event that any clause herein should be unenforceable or be declared
invalid for any reason whatsoever, such enforce ability or invalidity shall not
affect the enforce ability or validity of the remaining portions of the cov
and such unenforceable or invalid portions shall be severable from the
remainder of this Agreement.
12. Should any provision of this Agreement require judicial interpretation or
arbitration, it is agreed that the court or arbitrator interpreting or construing
same shall not apply a presumption that the terms thereof shall be more sl
construed against one party by reason of the rule of construction that a
document is to be construed more strictly against the party who itself or thi
its agent prepared the same, it be agreed that both parties have participat(
the preparation hereof.
Signed this 9'" day of October, 2018
W tni ess Je y Wilkins
Witness Ge ge . Gilvesy
Signed this 9t' day of October, 2018
Per:
Stephen Molnar,
The Corporation of the Town of Tills
Donna Wilson,
The Corporation of the Town of Tillso
I have authority to bind the Corpor
in