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3103 To authorize a Lease Agreement between the Town of Tillsonburg and 768340 Ontairo LimitedBY-LAW NUMBER 3103 A BY-LAW TO AUTHORIZE A LEASE AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG AND 768340 ONTARIO LIMITED WHEREAS the Corporation of the Town of Tillsonburg is a joint owner with the Corporation of the Municipality of Bayham of lands described as Concession 1-9 , Parts 1-5, 11 R-6476 and Part 1, 11 R-6477, in the Municipality of Bayham, County of Elgin. AND WHEREAS the Councils of the Corporation of the Municipality of Bayham and the Corporation of the Town of Tillsonburg are desirous of leasing a portion of these jointly owned lands to 768340 Ontario Limited; AND WHEREAS the Corporation of the Municipality of Bayham and the Corporation of the Town of Tillsonburg deem it necessary and expedient to enter into a lease agreement with 768340 Ontario Limited to lease the portion of the subject lands abutting lands owned by 768340 Ontario Limited; 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 Municipality of Bayham, the Corporation of the Town of Tillsonburg and 768340 Ontario Limited 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. AYOR-Stephen Molnar G CLERK -Michael Graves THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2004-004 BEING A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TO EXECUTE A LEASE AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM, THE CORPORATION OF THE TOWN OF TILLSONBURG AND 768340 ONTARIO LIMITED FOR THE LEASE OF PART OF LANDS DESCRIBED AS CONCESSION 1-9, PARTS 1-51 11R6476 AND PART 11 11R64779 IN THE MUNICIPALITY OF BAYHAM, BEING THE PART WITHIN LOT 128, CONCESSION N.T.R., IN THE MUNICIPALITY OF BAYHAM, COUNTY OF ELGIN WHEREAS the Corporation of the Municipality of Bayham is a joint owner with the Corporation of the Town of Tillsonburg of lands described as Concession 1-9, Parts 1-5, 11 R6476 and Part 1, 11 R6477, in the Municipality of Bayham; AND WHEREAS the Councils of the Corporation of the Municipality of Bayham and the Corporation of the Town of Tillsonburg are desirous of leasing a portion these jointly owned lands to 768340 Ontario Limited; AND WHEREAS the Councils of the Corporation of the Municipality of Bayham and the Corporation of the Town of Tillsonburg deem it necessary and expedient to enter into a lease agreement with 768340 Ontario Limited to lease the portion of the subject lands abutting lands owned by 768340 Ontario Limited; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Agreement attached hereto as Schedule "A" and forming part of this By-law between the Corporation of the Municipality of Bayham, the Corporation of the Town of Tillsonburg and 768340 Ontario Limited 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 Municipality of Bayham. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED this 8th day of January, 2004. YOE� Schedule "A" to By-law No. 2004-004 THIS INDENTURE made in duplicate this day of _Hat'l 2004. IN PURSUANCE OF THE SHORT FORMS OF LEASES ACT. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM and THE CORPORATION OF THE TOWN OF TILLSONBURG hereinafter called the Lessor, of the First Part -and- 768340 ONTARIO LIMITED c/o John Howey and Sons Limited hereinafter called the Lessee, of the Second Part WITNESSETH that in consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Lessee, the Lessor DOTH demise and lease unto the Lessee his executors, administrators, and assigns, ALL that certain parcel or tract of land and premises situate lying and being the part of the lands described as Concession 1-9, Parts 1-5, 11 R6476 and Part 1, 11 R6477, in the Municipality of Bayham, such part being the Part of lands in Lot 28, Concession N.T.R., and shown on Schedule "B" to this agreement. To have and to hold the said demised premises for and during the term of 50 years to be computed from the day of 2004, and paying therefore unto the Lessor, the sum of 2 (two) dollars of lawful money( oney of Canada the receipt whereof is hereby acknowledged. Subject to the term to be renewable for a further 50 year term on the agreement of both parties. The said Lessee covenants with the said Lessor to pay rent; and to pay taxes, except for local improvements; Provided, however, that the Lessee shall be allowed to erect fencing around the subject lands, subject to the approval to the Lessors to allow the Lessee to prohibit individuals from accessing the lands as a trail. AND the Lessee further covenants and agrees with the Lessor as follows: That the Lessee will during the said term, utilize the lands for normal farm practices. AND THAT if the Lessee does not continue to comply with the Weed Act, R.S.O. 1990, the Municipality can exercise its normal right of entry to control weeds, but this shall in no way effect the term of the lease. AND THAT the Lessee will keep the mouths of all underdrains on the said lands open and free from obstruction and in good running order at all times during the said term, and will not suffer or permit such drains, or the water -courses in any open ditches on the said lands to become, obstructed, but will constantly keep them free and clear for the escape of the water flowing therein. AND the Lessee will not remove, alter, or change the style or position of any fences on the said lands without the consent of the Lessor in writing. In the event of any misunderstanding or misinterpretation arising out of the lease, the parties herein agree that the matter shall be then settled forthwith in accordance with the provision contained in the Arbitrations Act, R.S.O. 1990, Chapter A.24 and all amendments thereto, and the parties agree to be bound by any such decisions obtained as a result thereof. Page 2 The said Lessor covenants with the said Lessee for quiet enjoyment. All costs in connection with the preparation of this Lease as will as the registration thereof will be responsibility of the Lessor. Any liability insurance to be determined by the parties on the terms and conditions hereinafter set forth. Provided that the terms of this Lease shall bind all future Municipalities, Councils, Successors, and Assignees of the Lessor. Provided however, that the Lessors shall be allowed to construct either above or under the ground of the subject lands such major or minor construction and restorations as may be required by the said lessors for the purposes of, but not limited to the generality of the forgoing, to construct and maintain electrical, water, sewer, gas, oil, or any other utilities that may be required to accommodate such construction subject to notification by first class prepaid mail delivery to the lessee with at least 90 days notice. Any rents for the use of the subject lands by any utility will be to the benefit of the Lessor without compensation to the Lessee. In the event that the Lessors are required to perform such construction, either above or below ground, then the Lessors shall be required to perform such work on the lands is such a manner that the lands will be returned to the same state of repair, trees and other vegetation excepted, prior to the construction undertaken. It is understood that the property being leased by the Lessees are not useful producing agricultural lands, and therefore the Lessees will not be compensated in any manner whatsoever for the loss of use of the said lands during the period that such construction for utilities is undertaken by the Lessors, but any rent payable shall be abated during such construction. Provided that in such event the Lessors shall save harmless the Lessees from all liability in connection with such construction and work to be performed on the said lands. Provided that the Lessee shall save harmless the Lessors from all liability in connection with any utilization of the lands for their purposes and in the purposes of any employee or invitee, including normal farm practices. Provided that the Lessee hereby acknowledges that the Lessor is not required to fence or ditch any portion of the said lands and that any fencing or ditching will be undertaken at the sole expense of the Lessee except those portions specifically outlined in Schedule "A" to this agreement. That the Lessee shall not be allowed to construct any building or structures or remove any minerals on or from the said lands without the express written consent of the Lessors. This agreement shall be binding on all parties hereto and may only be terminated by mutual agreement. The Lessor shall notify the Lessee in writing of any procedural default and the Lessee shall have 90 days within which to remedy said default. The Lessee shall notify the Lessor of any procedural default and the Lessor shall have 90 days within which to remedy said default. The Lessor acknowledges that the lands herein described in the lease will not be used in any way for recreational purposes. The Lessor acknowledges that nothing in this agreement diminishes their responsibility of assessed costs of municipal drains that may be constructed, improved, or extended. All notices to the Lessee shall be addressed to the Lessee at c/o John Howey and Sons Limited, R.R. #2, Straffordville, Ontario, NOJ 1 Y0. All notices addressed to the Lessor shall be addressed to the Lessor at Municipality of Bayham, P.O. Box 160, 9344 Plank Road, Straffordville, ON, NOJ 1 Y0. It is hereby declared and agreed that this Indenture shall enure to the benefit of and be binding upon the parties hereto, their heirs, executors, administrators, successors, and assigns respectively and subsequent members of Council for each of the Municipalities respectively. Page 3 And it is further agreed by and between the parties hereto that wherever the singular and masculine are used throughout this Lease the same shall be so construed as if the plural or the feminine 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 necessary grammatical and terminological changes thereby rendered necessary had been made. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals. SIGNED, SEALED AND ) THE CORPORATION OF THE DELIVERED in the ) IPALITY O BAYHAM Presence of ) jLkL' MAY4 ATE delt,"'Y- CLERK ATE THE CORP RATION OF THE TOWN TILLSONBURG YOR CLERK THE LESSEE zoo Y DATi - ' / �-'L 71A4 206 DATh f DATE DATE Page 4 Schedule "A" Fencinp- and Ditching to be completed by the Lessor Approximately 66 ft. of fencing (standard 8 wire page fencing) on the subject lands (former rail lands) at each of the northerly and southerly ends of the rails lands within the property owned by 768340 Ontario Limited and identified by roll # 34-01-000-004-10600-0000. Page 5 Schedule "B" CON* CONCESSION 064.74 1-" 126 KM 7Wo6 coo.