 | Sample Lease | |
Parry Island |
Agreement |
to Lease |
for Sale |
Contacts |
Businesses |
2001 - 2002 |
| Sample Lease | |
Parry Island |
Agreement |
to Lease |
for Sale |
Contacts |
Businesses |
2001 - 2002 |
THIS INDENTURE, made in quadruplicate this th day of , in
the year of our Lord, One Thousand Nine Hundred and Ninety-______.
BETWEEN:
WASAUSINK LANDS INC., a Company incorporated
under the laws of the Province of Ontario, having
its head office at the Parry Island Indian
Reserve No. 16, in the District of Parry Sound,
hereinafter called "Wasausink" or the LESSOR,
OF THE FIRST PART;
- and -
hereinafter called the LESSEES,
OF THE SECOND PART;
WHEREAS the land hereinafter described is part of those lands set apart
for the use and benefit of the Parry Island Band of Indians known as
Parry Island Indian Reserve No. 16;
AND WHEREAS the Council of the Parry Island Band of Indians
has, by Resolution dated the 29th day of March, A. D. 1974, consented to
the leasing of the land hereinafter described.
AND WHEREAS the Council of the Parry Island Band of Indians
has, by Resolution dated the 29th day of March, A. D. 1974, authorized
Wasausink to lease the lands hereinafter described.
NOW THEREFORE THIS INDENTURE WITNESSETH THAT Wasausink,
for and in consideration of the rent, stipulations, terms and conditions
hereinafter expressed and contained on the part of the Lessees to be
respectively paid, observed, performed, fulfilled and abided by, has
demised and by these presents does demise and lease unto the Lessees,
All and Singular that certain parcel or tract of land situate and lying
within and being part of Parry Island Indian Reserve No. 16, in the
Province of Ontario, and which is more particularly described as follows:
the whole of Lot ( ) according to Plan Number ( )
in the Indian Affairs survey records at Ottawa, a copy of which is
registered under Miscellaneous No. 22, in the Registry Office for the
District of Parry Sound at Parry Sound, said lot containing by
admeasurement Forty-three One Hundredths (0.43) of an acre, more or less.
TO HAVE AND TO HOLD, the said demised land for and during
the term commencing the first day following January 31, 1965, the
termination of the present lease of the said demised lands between the
Lessee and Her Majesty Queen Elizabeth II, that is the 1st day of February,
1965 and to be fully complete and ended on the last day of April, 2012.
YIELDING AND PAYING, therefor in each year of the term of
this lease, if such be the case, prior to May 1, 1974 the sum of $250.00;
in each year of the term of this lease, if such be the case prior to May 1,
1977 the sum of $325.00; in each year of the term of this lease prior to
May 1, 1981 the sum of $400.00; such rental to be paid in advance on or
before the 1st day of May in each year.
YIELDING AND PAYING, yearly in each year of the remaining
years of the term of this lease unto Wasausink the rental as hereinafter
set forth, payable in advance on the first days of February, May, August
and November in each of the said years. The annual rental for the period
from May 1, 1981, to April 30, 1986 shall be the annual fair market rental
as of May 1, 1981 hereinafter determined. The annual rental for the period
from May 1, 1986 to April 30, 1991 shall be the annual fair market rental
as of May 1, 1986 hereinafter determined. The annual rental for the period
from May 1, 1991 to April 30, 1996 shall be the annual fair market rental
as of May 1, 1991 hereinafter determined. The annual rental for the period
from May 1, 1996 to April 30, 2001 shall be the annual fair market rental
as of May 1, 1996 hereinafter determined. The annual rental for the period
from May 1, 2001 to April 30, 2006 shall be the annual fair market rental
as of May 1, 2001 hereinafter determined. The annual fair market shall be
determined exclusive of any improvement of the demised lands and any
buildings and other things erected or placed thereon by the Lessee, his
successors or assigns. Provided that the annual fair market rental shall
not, in any case, be less than the rent for the previous year. Wasausink
may agree with the Lessee as to the fair market rental. In the event that
the parties hereto fail to reach agreement as to such fair market rental,
prior to May 1 in each of 1981, 1986, 1991, 1996, 2001, and 2006 then the
same shall be determined by arbitration pursuant to the term of the
Arbitration Act, R.S.O. 1970, Chapter 25 as amended from time to time.
Such arbitration shall be conducted by a single arbitrator agreed upon by
both parties. If the parties fail to agree upon a single arbitrator by the
thirty-first day of May 1981, 1986, 1991, 1996, 2001, and 2006 then each
party shall, not later than the fifteenth day of June in each of the said
years, nominate an arbitrator. The two nominees shall forthwith nominate a
third arbitrator to act as chairman and the arbitration shall thereupon be
conducted with all due despatch by the three arbitrators thus selected.
Until the final determination of the rental payable in accordance with this
paragraph the Lessees shall continue to pay rental at the rate applicable to
the immediately preceding period for which the rental had been determined in
accordance with this agreement and upon determination of the proper rental
pursuant to this paragraph the amount paid by the Lessees shall be adjusted
in accordance with such determination.
IN THE EVENT, that the lease herein provided commences at a
date later than the day following the termination of any lease between the
Lessees and Her Majesty the Queen with respect to the demised lands, the
Lessees shall be deemed to be a tenant at will of the demised land
throughout such intervening period and shall be liable to pay rental with
respect to such intervening period on the basis of the annual rental
provided herein applicable to the first year of the term of this lease less
any rental which may have already been paid to Her Majesty or to the Council
of the Parry Island Band of Indians with respect to such period.
The rent in all cases to be free and clear from any
deduction, defalcation or abatement for or in respect of all taxes, rates,
duties and assessments, and of and from all impositions of every nature and
kind whatsoever, such rent to be paid to the Lessor at its head office on the
Parry Island Indian Reserve or by mailing the same to Wasausink Lands Inc.,
P.O. Box 253, Parry Sound, Ontario.
1. The Lessees shall pay or cause to be paid the said yearly
rent in the manner and on the days and times hereinbefore appointed for the
payment thereof.
2. Upon the final determination of the fair market rental as of
the first day of May, 1981, 1986, 1991, 1996, 2001 and 2006, if the Lessees
are unwilling to continue the lease at such rental they may within six
months after such final determination elect to surrender the said lease by
giving written notice thereof to Wasausink.
3. The Lessees or other occupants will not operate on the said
demised land any form of commercial venture and will not do, or suffer to be
done thereon, any act or thing that may annoy or disturb other persons on the
said Indian Reserve.
4. The demised land shall be used for one summer cottage only
and appurtenant outbuildings and shall not be used for permanent residence by
the Lessees or other occupants during the period from October 31st to May 1st
following in each and every year; occasional use being at all times permitted
during the said period.
5. PROVIDED THAT, the Lessees may assign or sublet the
hereinbefore demised land under the following conditions:
(i) That the Lessees shall not, during the said term, without prior
written consent of the Lessor had and obtained, such consent not to be
unreasonably withheld, transfer, assign, or sublet or license of occupation
the demised land or any part thereof, or otherwise by any act or deed procure
the said land or any part of the said land to be transferred or assigned for
the whole or any part of the said term, except that the Lessees may sublet
for a period or periods not to exceed in the aggregate, six months in any one
year, without such consent or notice, provided that the Lessees shall remain
fully responsible for the terms and conditions hereof during the period of
such subletting, and providing that the Lessees shall give notice to
Wasausink of the name and period of occupancy of any such sublessee.
(ii) That each and every transfer, assignment, sublease, or license of
occupation granted shall be subject to all of the terms and conditions of
this lease.
(iii) That each and every transfer, assignment, sublease or license of
occupation shall be submitted by the Lessees to Wasausink for registration.
(iv) The Lessees may pledge, mortgage or otherwise grant security on his
lease hold interest herein PROVIDED THAT the written consent of the Lessor is
first had and obtained, such consent not to be unreasonably withheld.
(v) That, if at any time during the continuance of the term hereby
granted the Lessees be permitted to assign the demised land for the remainder
of the term or any part thereof, the rent for the year of the term in which
the assignment takes place shall be increased by the sum of One Hundred
Dollars Dollars ($100.00), and shall accompany any request for consent to
assignment and shall be made payable to Wasausink Lands Inc.
6. PROVIDED THAT, the Lessees shall pay and discharge all taxes,
rates, duties, and assessments whatsoever now charged or hereafter to be
charged upon the said demised land or upon the said Lessees or occupiers in
respect thereof or payable by either in respect thereof.
7. PROVIDED THAT, if the Lessees shall, at any time during the
term thereof:
(a) file a petition in bankruptcy or make an assignment for the benefit
of the creditor;
(b) be adjudicated a bankrupt or insolvent;
(c) file any petition or institute any proceeding under any bankruptcy or
insolvency act seeking to effect reorganization or a composition;
(d) have the leasehold estate created hereunder seized in execution or by
a process of law and not released within thirty (30) days from the date of
such seizure provided that the delivery of a Writ of Execution or a Writ of
Extent to a Sheriff shall not be considered a seizure for the purpose of this
provision; or
(e) be subject to the appointment of a receiver or trustee who is not
discharged within sixty (60) days from the date of such appointment;
(f) fail to pay the rent reserved hereunder within thirty (30) days after
being payable, whether formally demanded or not;
(g) default in the performance of any of the terms and conditions herein
contained; it shall be lawful for Wasausink, without notice, to declare
the term ended and this lease terminated and thereupon these presents and
everything herein contained and the estate or term shall absolutely cease,
determine and be void without re-entry or other act or any suit or legal
proceedings to be brought or taken, provided that Wasausink shall
nevertheless be entitled to recover from the Lessees the rent then accrued,
or accruing and moreover that any right of action by Wasausink against the
Lessees in respect of any right for action by Wasausink against the Lessees
in respect of any antecedent breach of any of the covenants, provisos,
stipulations or conditions in this lease shall not be thereby prejudiced.
8. PROVIDED THAT, if the Lessees make any assignment for the
benefit of their creditors or to take the benefit of any act that may be in
force for bankrupt or insolvent debtors, or permit any Writ of Execution
against their goods and chattels to be issued or remain in force after the
first day of January in any year of the term hereby granted, the installment
of rent payable on the next ensuing anniversary date shall then imediately
become due and payable and the term hereby granted will immediately become
forfeited and void.
9. PROVIDED THAT, if the Lessees vacate the said demised land
leaving and rent owing and unpaid, it will be lawful for Wasausink to seize
and sell the goods and chattels of the Lessee.
10. PROVIDED THAT, the Lessees shall during the term of this
lease, at their own expense, promptly observe, perform, execute and comply
with all applicable laws, rules, requirements, orders, directions, ordinances
and regulations of every Federal, Provincial or Municipal authority or agency
concerning the demised land and buildings or other improvements constructed
therein and thereon, provided that the Lessees shall have the right to
contest the validity of such laws, rules, requirements, orders, directions,
ordinances, and regulations, if proceedings relating thereto are commenced
before the expiration of sixty (60) days after the Lessee has first been
notified of any breach of such laws, rules, requirements, orders, directions,
ordinances or regulations, the Lessees shall indemnify and holds harmless
Wasausink from all loss, damage, cost and expense suffered by Wasausink, by
reason of the Lessees undertaking such proceedings and that the Lessees will
conduct such proceedings after the commencement thereof expeditiously and
with all reasonable diligence.
11. THAT, the Lessees must, unless otherwise agreed in writing,
construct buildings on the demised land, not including boat houses at the
shoreline, PROVIDED THAT if such building is undertaken, the aggregate floor
area of the main building on the said lot shall not be less than 480 square
feet and of a minimum market value of $10.000; PROVIDED FURTHER THAT the
Lessees covenant that all buildings to be erected, altered, remodelled, or
replaced in terms hereof, shall be constructed in accordance with the
standards laid down by the National Building Code of Canada and the Fire
Safety Standards as laid down by the Federal Government from time to time and
to date of construction, and that the Lessees shall have prior written
approval from Wasausink before undertaking any such construction, such
approval not to be unreasonably withheld.
12. PROVIDED THAT, all residential buildings shall be supplied
with a flush toilet and septic tank or other sanitary waste disposal system
which conforms to the specification of the Parry Sound Health Unit.
13. PROVIDED THAT, at the expiration, or other sooner termination
of the term, the Lessee will peaceably surrender and yield up unto the Lessor
the demised land with the appurtenances, together with all the fixtures made
by the Lessees therein and thereon, in good and substantial repair and
condition, reasonable wear and tear and damage by natural disaster only
excepted; and further that the Lessees will have the right with the consent
of and under the supervision of the Lessor's representative to remove any
buildings erected by him on the demised land, provided that if they are not
so removed within reasonable time, and in any event within six (6) months,
following the expiration of the lease, they shall revert to and become the
property of Wasausink, free from all claims by the Lessees whatsoever.
14. PROVIDED THAT, the Lessees shall keep the demised land in a
condition satisfactory to the Lessor's representative and the said
representative may order the Lessee to repair or paint any building on the
demised land if, in his opinion, reasonably held, it requires painting or
repairing and on receipt of such order, the Lessees will forthwith make the
required repairs or do the required painting and that it will be lawful for
the Lessor's representative to enter the said demised land, at all reasonable
times during the said term, to examine the condition thereof.
15. PROVIDED THAT, where a nuisance exists, the Lessor may order
the Lessees or occupiers of the demised land to abate the nuisance and to
clean up the demised land; and if the Lessees or occupier fails to do so, the
said representative may take whatever steps may be necessary to abate the
nuisance and the Lessees shall be liable for the cost thereof and the same
maybe collected in the same manner as other debts due to the Lessor.
16. PROVIDED THAT, without, in any way, restricting the provision
of the preceding section, no rubbish or any matter of an offensive nature
shall be deposited anywhere on the said Indian Reserve except in such places
and at such time and under such conditions as may be designated by the
Lessor, an such places to be maintained by the Lessor in a safe, sanitary
condition, in accordance with all municipal and provincial regulations with
respect thereto, from time to time, in force.
17. PROVIDED THAT, the Lessees shall be responsible for the
up-keep of all fences which are or may be erected on the demised land and on
termination of this lease, any fence so erected shall revert to and become
the property of Wasausink without any claim for allowance or payment in lieu
thereof.
18. PROVIDED THAT, the Lessees, well and truly paying the said
yearly rent hereby reserved and observing and performing the covenants herein
contained, will quietly and peaceably hold and enjoy the demised land, with
the appurtenances, during the said term, without any disturbance whatever by
the Lessor.
19. PROVIDED THAT, the Lessor reserves the right to drill for,
remove and dispose of the petroleum and natural gas in the said land and for
that purpose to drill wells, lay pipe lines and build such tanks, stations
and structures as may be necessary and in the lawful exercise of any of the
rights hereby reserved, provided, however, that if pursuant to the Indian Oil
and Gas Regulations the Lessor grants leases or permits for well sites,
roads, pipe lines, storage tanks and other buildings or structures required
in the drilling for, removal and disposal of petroleum and natural gas, then
for the acreage taken for such leases or permits, the Lessee herein will be
paid full and fair compensations and that the said compensation shall be in
full and final satisfaction of all claims arising from the exercise of the
right aforesaid by the Lessor.
20. PROVIDED THAT, the Lessees at all times hereafter, shall
indemnify and hold harmless the Lessor against all actions, claims and
demands that may be lawfully brought or made against the Lessor by reason of
the rights hereby granted.
21. PROVIDED THAT, if, during the term of this lease, any
mechanics' or other liens for work, labour, services or materials be filed in
respect of or attach the demised premises or any portion thereof or to any
buildings or other improvements erected therein or thereon, the Lessees,
shall indemnify and hold harmless the Lessor from all costs incurred thereby
and all claims, demands, and actions, at law or in equity arising or which
might arise out of such mechanics' or other liens.
22. PROVIDED THAT, no waiver on behalf of the Lessor of any
breach will take place or be binding unless the same be expresses in writing
over the signature of the Lessor's representative, and any waiver so
expressed will extend only to the particular breach to which such waiver will
specifically relate and will not be deemed to be a general waiver or to limit
or affect the rights of the Lessor with respect to any or other future
breach.
23. PROVIDED THAT, the Lessees and their invitees shall have the
right of ingress and egress without charge to and from the demised land, and
such areas as may be designated for public use, over reserve roads in
accordance with Parry Island Band Council Resolutions, and such roads to be
maintained by the Lessor in a safe, reasonable condition.
24. PROVIDED THAT, the Lessees will at the commencement of and
during the said term:
(a) Take out and maintain public liability insurance in the minimum
amount of not less than Twenty-five Thousand Dollars ($25,000.00) and in a
form satisfactory to Wasausink, whereby the Lessee and Wasausink are
indemnified against legal liability incurred in respect of the death or of
injury to persons or of the loss of or damage to property caused or
attributable to the possession, use or occupation of the demised land with
loss payable to the Lessees and to Wasausink as their respective interests
may appear;
(b) Take out and maintain fire insurance for a reasonable amount and in a
form satisfactory to Wasausink, whereby the Lessees are indemnified against
loss by fire or other insurable causes of property damage of the demised land
and the cost of needed restoration of the demised land and buildings erected
therein and thereon and as a result of such causes with the insurance
proceeds payable to the Lessee. In the event of total loss or substantial
damage to any structure on the demised land, the Lessees may elect to
reconstruct or repair the structure or surrender this lease upon restoring
the demised land to a condition satisfactory to Wasausink's representative,
such election to be made within sixty (60) days of such loss; if the Lessees
elect to surrender this lease such restoration shall be made by October 31st
following the loss or within thirty (30) days of such election, whichever is
the later; and
(c) Shall produce upon request, evidence satisfactory to Wasausink of the
policies and payment of premiums therefor relating to the insurance called
for in paragraphs (a) and (b).
25. PROVIDED THAT, if the Lessees hold over after the expiration
of the term of this lease without any further written agreement, the tenancy
thereby created shall be a tenancy from month to month which may be
terminated at any time after the creation by Wasausink, and during the
tenancy, a monthly rental at the rental rate for the previous year shall
become due and payable, and the said tenancy shall be subject to all the
terms and conditions contained so far as the same are applicable to such
tenancy.
26. PROVIDED THAT, whenever in this lease it is required or
permitted that notice or demand be given or served by either party to the
lease to or on the other, such notice or demand shall be given or served in
writing and forwarded by registered mail, addressed as follows:
TO THE LESSOR: Wasausink Lands Inc.
P.O. Box 253
Parry Sound, Ontario
TO THE LESSEE:
Such address may be changed from time to time by either party serving notice
as provided.
27. WHEN, the Lessees are not in default hereunder, they may
surrender this lease unto the Lessor, provided that the Lessees give six (6)
months' written notice of their intention to surrender this lease prior to
the anniversary hereof in any year.
28. PROVIDED THAT, should the Lessor decide at the expiry of the
term, upon the advice of the Council of the Parry Island Band of Indians,
that the interests of the Band shall be best served by continuing to lease
the demised land under such terms and conditions as the Lessor deems
suitable, the Lessees of record shall have the right of first refusal of such
offer to lease. PROVIDED HOWEVER that in the event that it is decided that
the said land shall no to be available for cottage lease purposes at the
expiration of the term herein created, it its agreed that the Lessees shall
be given not less than twelve (12) months notice of such intention.
29. Time will be of essence.
30. The Lessees shall have access for vehicles to Parry Island by
a bridge connecting Parry Island to the mainland road system at Rose Point,
at no cost to the Lessees. The Lessor shall be responsible for maintaining
and repairing said bridge or causing the same to be maintained or repaired in
a reasonable and safe state of repair.
31. The said demised land may only be used for camping during the
period of construction of a cottage on the said demised land.
32. The Lessor shall cause the main road connecting the Rose
Point Bridge to the Parry Island Marina, located to the south west of Lot
Number 1, to be kept clear of snow at all times.
33. This lease is subject to the terms, conditions and covenants
of the Head Lease executed between the Corporation and Her Majesty,
registered as Number X024681 in the books of the Indian Land Register at
Ottawa. The Lessor covenants and agrees to observe ad perform all its
covenants contained in the said Head Lease and to keep that lease in good
standing.
34. This lease will enure to the benefit of and is binding upon
Wasausink, its successors and assigns, and failing it, the Parry Island Band,
and the Lessee, his heirs, executors, administrators and assigns.
AND IT IS FURTHER AGREED, that this lease shall be subject to
the provisions of the Indian Act and regulations established hereunder which
may now be in force or which may hereafter be made and established from time
to time in that behalf by the Governor in Council.