THE CORPORATION OF THE CITY OF BRAMPTON BY-LAW. To authorize the execution of the. lease of 83 Railroad Street

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Transcription:

THE CORPORATION OF THE CITY OF BRAMPTON BY-LAW Number l~56~-~8~2~~~ To authorize the execution of the lease of 83 Railroad Street The Council of The Corporation of the City of Brampton ENACTS as fotiows: 1. The Mayor and Clerk are hereby authorized to execute a lease of the property known municipally as 83 Railroad Street from the City to John Salverda and Colleene Sal verda. 2. By-law Number 141-82 is hereby rescinded. READ a FIRST, SECOND and THIRD TIME and PASSED in Open Council this 16th day of August, 1982. APPROVED I<S TO FORM law DEPT. ~~

~~t~16~t=h~ 1982 BY-LAW No. =.::15:,.=6..;-8::..:2:'.-- To authorize the execution of the lease of 83 Railroad Street Corporation of the City of Brampton

Newsome a1ld Gilbert. Limited. Form 273 Ihis ~ndtnturt made in duplicate the 6th day of Augus t 1982 THE CORPORATION OF THE CITY OF BRAMPTON and hereinafter called the "Lessor" OF THE FIRST PART JOHN SALVERDA and COLLEENE SALVERDA hereinafter called the "Lessee" OF THE SECOND PART mitltfjdiftll HJl16WX~XiJIl~U»:UY.HHXlXMl6iEXX ~W&miJ(lK'lt~~Wmwt~ laixtmxrixlwoduw that in consideration of the rents, covenants and agreements hereinafter.reserved and contained on the part of the said Lessee to be paid, obse.rved 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 municipality, namely, the City of Brampton, in the Regional Municipality of Peel and being composed of ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Brampton. in the Regional Municipality of Peel (formerly in the Town of Brampton, in the County of Peel), and being composed of Town lots Numbers and 112 on the west side of Railroad Street, being a subdivision of part of the East Half of Lot Number 6 in the First Concession, West of Hurontario Street, in the Township of Chinguacousy, according to a plan made by C. J. Wheelock, P.L.S., and referred to as Plan BR-35, re9istered in the Registry Office for the Registry Division of Peel (No. 43J, known municipally as 83 Railroad Street, (hereinafter called the "premises"), upon the following terms and conditions:

. New.wme add GUbert, Limited FormZ74,,., Short Bouse Lease Pase2 ij;11 1!inur nub tlt 15,nlll the premises for and during the term of ONE (1) YEAR. '. to be computed from the 1st day of September one thousand nine hundred and ei ghty-two and ending on the 31st day of August, one thousand nine hundred and eighty-three. YIELDING AND PAYING therefor yearly and every year duling the said term unto the said Lessor the sum of $ 5,700.00 per year of lawful money of Canad~ without any deduction, defalcation or abatement whatsoever to be payable monthly on the following days and times, that is to say: on the fi rst day of each month as follows: FOUR HUNDRED AND SEVENTY-FIVE --($475.00)--on the first days of, September to December, 1982 and January to August, 1983, both inclusive The first of such payments to become due and to be made on the 1st day of September next. THE Lessee agrees to deposit with tlje Lessor the sum of $475.00 as prepaid rent, to be applied towards thexdt!fillolitii's rent of the term. The Lessor agrees to pay to the Lessee interest annually thereon at the rate of 6% per annum. Subject always to Section 85 of The Landlord and Tenant Act, if the Lessee abandons or vacates the premises at any time prior to the expiration of the herein term of lease, the Lessor shall be permitted to retain absolutely the aforesaid sum of money so deposited with the Lessor. THE Lessee covenants with the Lessor: to pay rent X<X»)t.J~X)(<<$(c)@X}@~}4.*~"'»)HWtU 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 inculted thereby. not to carry on upon the premises any business that may be deemed a nuisance or by which the insurance on the premises will be increased. that he wul 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 sueh 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 covenants, provided that such re-entry shall, at all times, be in accordance with the provisions of The Landlord and Tenant Act. I... ~.

Newsome and GiJbert, Limited Form 275 PROVIDED that, if the term hereby granted shall be at any time seized or taken in execution or attachment, by any creditor of the Lessee, or if the Lessee shall make an assignment 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 standards 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, sueh. 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 effluxion 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. Strikeout Ihot applicable UQ~*XtaKUiXIXD«ti'~X~l«m)u-u~u~l~ ftlixxi)1j)t1tx:r* 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 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 gramma.tical and terminological changes thereby rendered had been made. IN WITNESS WHEREOF the said parties hereto have hereunto set their hands and seals. &ignrll. &r~lrll Bull ir1turrrll THE CORPO TION TH CITY OF BRAMPTON(Acting) ayor) in the presence of (Clerk) RECEIPT OF TENANCY AGREEMENT: I/WE hereb~ acknowlepge rec,eiving a duplicate orisinal copy of the herein lease this {q" day 0 fic1 C'/s1,19 gl Lessee (Tenant)

X«X/ WE of the in the AFFIDAVIT ASTO AGE AND SPOUSAL STATUS John and Colleene Salverda " City of Brampton Regional Municipality of Peel If attol'lll!y, see footnote (severally) make oath and say: When XXXX WE executed the attached instrument. XK~XX WE WERE EACH at least eighteen years old; and within the meaning 01 sectiojl 1 (f) 0/ Tht' Family Law Re/orm Act, 19'18. Strike out inapplicable ciausea. (b) (c) We were spouses of one another. "Nota matrimonial!lome, etc., _footdote. Resident of Canada. etc. (SEVERALLY) SWORN before me at the Ci ty of Brampton in the Regional Municipality of Peel this ~ day of Q\~l \. 1-- 1982 ) A COM_USSIONER FOR TAKING AFFIDAVITS. ETC. Note: WheN ajlidavu IhGIIe bri aa ~.ulldibate: '"1V1uIa 1..,,., t1&e altaelultl i.. t till attomejr fr" '.. arnej. M'. _ (1JIDII8IIl1fIItUII 11114 if applieabl". II/lmll of otlter _) fiiiiaift eae _";1117 of _tiota Iff) 0/ TI&e Familu a.w 1loI- Act. Ins 11114 1IIMoI M,. -=tai eae po.- of attomejr. M'_ Md IIU4i1IC eae age of fiili.iariw', Nate: Sa Sedi "1(8) 01 TI&e Familu Law Relo"" Act, 1978 where ~ dd8ji tjot ida n. or colllllmt: or -JIlete II 8IIJICmIte ~ AFFIDAVIT OF SUBSCRIBING WITNESS If Karen Hutchinson of the in the City of Brampton Regional Municipality of Peel make oath and say: I am a subseribing witness to. the attached instrument and I was present and saw it exeeuted at Brampton, Ontario by John Salverda and Colleene Salverda OSee footnote I verily believe that each person whose signature I witnessed is the party of the same Dame referred to in the instrument. SWORN before me at the City of Brampton in the Regional Municipality of Peel this 6th day of August 1982 w(c ~ A COMMISSIONER FOR TAKING AFFIDAVITS ETC WAen... parlji ia ~ ID.".." tile inat"'_' or fine a fii1rtt1.a brlljigktlll7 Ai.! mart or ia ftmli/71t c1iamdetw ad4 "II/eer ~e 1Iad been PlOd ID llim a1ltl Ae /lpj)em'ed luilli ID ~1Id ii". Wlaerc _eated -ur II JIGtHI' 01 czuormv illn7t "(wa_ of o.tfdrnq) G8 auonrq for t- of fii1jf1i)": and f",. ftezt dii_ llubatituecr "I "Brilll believe that eae fm1'bi witoae 1li171111ttm/ 1 tditjoli8iid t. ""' /lutiiorird Co ~ lib at~ for ~J".

Dated August 6th 1982 THE CORPORATION OF THE CITY OF BRAMPTON z g ~ 4 It Iii ; It 0 0( u il ~ U II: 0 It. C > II: VI II: 0 w.'. U 0( II. VI VI l: -TO-- JOHN SALVERDA and COLLEENE SALVERDA ){uu.at 1IltU.at FOR 1 YEARS Commencing September 1, 1982 Ending August 31, 1983 Yearly Rent $5.700.00 Newsome and Gilbert, Limited-Form a'l3 Law Department; The Corporation of the City of Brampton, 150 Central Park Drive, Brampton. Ontario. L6T 2T9., WCC:kh REGISTRATION FEE