|Terra Nova Estates|
Lot Lease Agreement
|About||Survey||Bylaws||Park Rules||Lot Lease Agreement||For Sale||For Rent||Location||Contact|
TERRA NOVA ESTATES
(Hereinafter called the "Lessor"
(Hereinaftercalled the "Lessee")
1. WITNESSETH that in consideration of the rents, covenants and agreements hereinafter respectively reserved and contained and, on the part of the Lessee to be respectively paid, observed and performed, the Lessor both demise and lease to the Lessee, his or her heirs, executors, administrators, successors and assigns all those lands situate, lying and being in the Township of Cumberland in the Regional Municipality of Ottawa-Carleton being more particularly described as Lot # _ located at:
Part of Lot 33, Concession 1, (Old Survey), Township of Cumberland
2. TO HAVE AND TO HOLD the demised premises for and during the term of Twenty One (21) years less a day to be computed from and thenceforth next ensuing, and fully to completed and ended Provided that the that the lessee shall have the option, exercisable on written notice delivered to the lessor within Sixty (60) days prior to the end of the term, to renew the within lease for a further term of Ten (10) years.
3. YIELDING AND PAYING THEREFORE RE NT yearly and every year during the term unto the Lessor, its successors and assigns in lawful money of Canada, the sum of $ . to be payable in advance in equal monthly instalments of $ on the first day of each and every month during the term, the first of such payments to become due and be made on the first day of and the last payment to become due and paid in advance on the first day of
subject to any renewal.
4. YIELDING AND PAYING THEREFORE ADDITIONAL R EN T - Deleted
5 THE LESSEE COVENANTS with the Lessor to the intent that the obligations hereunder shall be deemed to be annexed to and run with the demised lands, and be binding on the Lessee and the Lessee's heirs, executors, administrators, successors and assigns:
(a) To pay rent and additional rent, as defined herein;
(b) To pay all realty taxes, rates, duties, assessments and outgoings whatsoever, whether municipal, provincial, parliamentary or otherwise, now charged or hereafter to be charged upon the lands and premises hereby demised, including municipal taxes for local improvements and works assessed upon the property benefitted thereby, to be adjusted as of the date of commencement and termination of this Lease.
(c) To comply with the provisions of all local zoning and building by-laws and all other statutory requirements including by-laws and all other statutory requirements including health, fire and hydro regulations relating to the demised premises and the dwelling house and improvements during the course of construction, and at all subsequent times during the term of this Lease.
(d) At the Lessee's own expense, to repair and to keep in repair at all times, the dwelling house and improvements and fixtures on the lands herein, both inside and outside, and both structurally or otherwise, and to keep the walks, municipal service connections and all other fixtures and appurtenances to the lands and dwelling house in good order and repair and to maintain the landscaping on the lot and to do all things necessary to nurture the growth of the grass, shrubs and other plants which the Lessor has planted. The Lessee covenants and agrees not to call upon the Lessor at any time during the term of this Lease to make repairs to, or replacements to any part of the dwelling
house, or any alteration, addition, change, substitution or improvement, whether structural or otherwise, this being a ground lease, and the intention of the parties, notwithstanding the Lessor's right to enter upon the lands as herein provided; is that the rent received by the Lessor is free and clear of all expenses in connection with the
construction, care, maintenance, operation, repair, replacement, alteration, addition, change, substitution and improvement to the lands herein and the dwelling house and improvements; provided that this clause will not in any manner effect any guarantee of the workmanship or of the materials utilized in the supply and erection of any buildings or improvements or in the landscaping of the demised land which exist or may exist in the future between the Lessor and the Lessee.
(e) To obey at all times all orders, directives and requests made by municipal and other public authorities to carry out repairs, and effect changes to the demised premises and the dwelling house and improvements in order that they will comply with local and governmental health, safety, fire, zoning, building and other requirements authorized by law.
(f) To use the demised premises and the dwelling house and improvements for residential purposes permitted by applicable municipal by-laws only, and in particular, not to use or permit their use for the purpose of any business, trade or manufacture of any description, or for any school or for any illegal or immoral purpose.
(g) Not to cut down any live trees without first obtaining permission in writing from the Lessor.
(h) To keep up fences, where installed.
(i) That during the term of this Lease, the Lessee shall not sell the leasehold interest and that, excepting the Lessee's right to mortgage as hereafter provided, the Lessee will not assign, transfer, sub-let, part with possession or otherwise dispose of the demised premises and the dwelling house and improvements or any part thereof, either for the whole or any part of the term, without first obtaining the written consent of the Lessor, which consent may not be unreasonably or arbitrarily refused but subject to payment of all reasonable fees, charges and expenses incurred, legal or otherwise, in connection with said transfer or assignment; provided that the Lessee and the
proposed assignee shall co-operate with the Lessor in providing such information as the Lessor may require in order to grant its consent;
G) An assignment, transfer, or sub-lease shall not be registered on title but shall be
framed in a form which is acceptable to the Lessor and shall be valid until approved and executed by the Lessor, and furthermore shall contain a covenant by the assignee, transferee or sub-lessee, as the case may be, directly with the Lessor to observe and perform the covenants and terms of this lease including this covenant.
(k) To pay all rates and charges for public and other utilities including gas, electricity, telephone and fuel.
(1) To pay and discharge forthwith any sheriff's executions affecting the demised premises or the dwelling house and improvements and also any liens or other charges attaching thereto by reason of any act or omission on the Lessee's part, whether caused by any work, services or materials which the Lessee has had performed or supplied in connection with any building or improvements on the premises, or by the failure to pay any sales, corporation, estate tax, succession, or any government charge which might attach to the leasehold interest or the dwelling house or improvements.
(m) On the termination of the Lease by effluxion of time, forfeiture or other determination, to peaceably yield up to the Lessor the demised premises.
(n) If in the opinion of the Lessor, the Lessee does not maintain the landscaping on the demised land in a fit and proper manner then the Lessor shall require him to do so by giving to the Lessee notice in writing requiring him to place the landscaping in a fit and proper condition within Ten (10) days of the delivery of the notice and, should the Lessee not comply with such notice, the Lessor may enter upon the lands and place the landscaping in a fit and proper condition and the costs thereby incurred shall be payable forthwith to the Lessee as additional rent.
6 The said Lessor covenants with the said Lessee for quiet enjoyment.
7. The Lessee hereby covenants and agrees to comply with the Rules and Regulations as set out in Schedule B attached hereto; Provided that the Lessor shall have the right from time to
time of adding to such Rules and Regulations upon giving notice in writing to the Lessee Ten (10) days prior to the effective date of such new Rule or Regulations; Provided it is hereby understood that all amendments shall be for the sole purpose of ensuring the proper maintenance and administration of the park and its residents.
8. Subject to the terms contained in paragraph 11 herein, should the premises demised herein or such portion as necessitate the demolition or removal of the dwelling house and improvements thereon, be expropriated or taken under the power of eminent domain by a public or quasi-public authority, this Lease shall terminate as of the date of such taking, and both the Lessor and the Lessee shall be released from any further liability hereunder.
9. Subject to the terms contained in paragraph 11 herein, if at any time the Lessee is in default in the observance of any of the covenants contained in this Lease other than the covenant requiring payment of rent the Lessor shall have the right to serve the Lessee with a Notice in writing specifying the default and requiring the default to be remedied within a reasonable length of time from the date of such notice; should the Lessee not remedy the default the Lessor shall have the option of either terminating the Lease or of remedying the default and, should the Lessor remedy the default, the Lessee shall pay to the Lessor all of its costs and expenses reasonably incurred in connection with the default and its rectification, as rent, forthwith upon demand by the Lessor. Any action by the Lessor under this paragraph shall not be construed as a waiver of the Lessor's rights to seek forfeiture of the Lease.
10. Subject to the terms contained in paragraph 11 herein, provided that if and whenever the rent reserved, or any part thereof, or any sum which by virtue of this Lease is collectable as rent, including additional rent or realty taxes, shall be unpaid for Ten (10) days after the date upon which it becomes due, the Lessor may forward a notice in writing to the Lessee demanding payment of such arrears forthwith, and failure by the Lessee to pay the arrears within Thirty (30) days of the giving of such notice shall, at the option of the Lessor, operate as a forfeiture of this Lease and it shall be lawful for the Lessor to enter into and upon the demised premises or any part thereof, in the name of the whole, and repossess and enjoy its former estate.
11. Provided that should the leasehold interest hereby created be seized by execution or by attachment, or should the Lessee take advantage of any act in force for the benefit of bankrupt or insolvent debtors, or, if the Lessee is an incorporated company, an order be made winding it up or accepting the surrender of its charter; then in every such event, the then current month's rent together with rent for the next ensuing Three (3) months shall immediately become due and be payable and the leasehold interest shall, at the option of the Lessor, forthwith become forfeited and be terminated and the Lessor may re-enter and take possession of the demised premises as of its former estate; provided that the provisions of the within paragraph are subject to the rights of a mortgagee of the leasehold interest.
12. Notwithstanding any other stipulations of this Lease, where the whole or any part of the interest of the lessee under this Lease is mortgaged to a leasehold mortgagee, then;
(o) The Lessor shall not exercise effectively as against the leasehold mortgagee any right of re-entry or distress or right to terminate this Lease until;
(i) The Lessor gives to the leasehold mortgagee at least Forty-Five (45) days’ notice in writing of the intention to re-enter or to terminate specifying the full particulars of the grounds therefore;
(ii) The leasehold mortgagee does not, during that Forty-Five (45) day period, either remedy all specified proper grounds for re-entry or termination or give to the Lessor notice in writing that the leasehold mortgagee intends to take, or has taken, formal proceedings for the enforcement of its mortgage and the protection of its position; and
(iii) The leasehold mortgagee, having given this notice specified in (ii), has had reasonable time to pursue to their conclusion all reasonable proceedings for the enforcement of its mortgage and the protection of its position; and
(p) If upon the conclusion of proceedings by the leasehold mortgagee for the enforcement of its mortgage and the protection of its position, the rights of the Lessee have been released to the leasehold mortgagee or foreclosed or sold, thereupon all existing grounds (if any) for re-entry or termination and all then existing rights (if any) of re- entry or distress or termination shall terminate and the leasehold mortgagee or purchaser shall become the lessee free of all liability for such grounds; and
(q) Throughout any period of time during which, as a result of proceedings for default under the mortgage including transfer of title under the National Housing Act., the leasehold mortgagee or Canada Mortgage and Housing Corporation, as successor is in leasehold possession of the premises or holds leasehold title to the premises;
(i) the lessor waives, as against the leasehold mortgagee and Canada Mortgage and Housing Corporation and their successors and assigns, all rights and remedies available to it under this agreement, provided however that additional rent as defined herein including municipal realty taxes, shall be paid and kept up-to-date and provided further that all rent due hereunder shall be a first charge and payment of same in full shall be a pre-condition to every assignment or transfer of the within lease to a third party;
(ii) the review and approval of the Lessor shall not be required with respect to plans, specifications, contractors, workers, tradesmen, materials, proposals, details and drawings for repairs, replacements, maintenance, improvements, alterations and decorations; and
(iii) the consent of the Lessor shall not be required with respect to any vacancy of or removal of goods from the demised premises; and
(r) Save for the foregoing, no restrictions on assignment or subletting of this Lease by the Lessee applies to any assignments or subletting or release of t)l.is Lease to or by the leasehold mortgagee or Canada Mortgage and Housing Corporation as successor, and the leasehold mortgagee and Canada Mortgage and Housing Corporation shall not remain liable on the Lease after assignment or release by them; and
(s) If at any time the building is damaged or destroyed to the extent of Fifteen (15%) percent or more of its insurable value, then the leasehold mortgagee or Canada Mortgage and Housing Corporation as successor may, within Sixty (60) days of its receipt of notice of the event and extent of damage or destruction and appropriate amount of available insurance proceeds, elect to require that the insurance proceeds not be applied towards the repair or rebuilding or restoration of the demised premises, and in the event of such an election the insurance proceeds shall be applied, inpriority;
(i) first, but only if and to the extent required by the Lessor or the Lessee, towards clearing and restoring the lands as nearly as possible to their condition prior to the commencement of construction.
(ii) second towards payment of all moneys owing on the mortgage; and
(iii) third, in payment to the Lessor and the Lessee in accordance with their interests therein.
and the Lessee shall not be obligated to repair or rebuild or restore; and
(t) There shall be no obligation on Canada Mortgage and Housing Corporation to arrange or maintain any insurance, and for the purpose of paragraph (e) if, because that Corporation has not arranged or maintained insurance there are no or insufficient insurance proceeds and that Corporation makes the election specified then that Corporation shall not be required to do more than clear and restore the lands as nearly as possible to their condition prior to the commencement of construction and shall be entitled to apply to that end whatever insurance proceeds may be available; and
(u) there shall be no obligation on Canada Mortgage and Housing Corporation to indemnify the Lessor except where that Corporation would be so obligated apart from the terms of this Lease; and
(v) the party requiring arbitration shall give timely notice of all arbitration proceeds to the leasehold mortgagee and the leasehold mortgagee may participate fully in the proceedings if in its reasonable opinion the outcome may affect its security; and
(w) without restricting the generality of the foregoing, the expression "leasehold mortgage" includes Canada Mortgage and Housing Corporation.
13. In the event that the Lessor shall have exercised its rights under any of the foregoing provisions to forfeit the terms hereof by reason of the Lessee's breach of covenant or default, and shall have re-entered and repossessed the demised premises including the dwelling house and improvements, and shall afterwards sell or lease the same to a third party, such third party shall in no case be bound to ascertain that the breach or default has occurred under which such re-entry was made, other than to obtain a statutory declaration from the Lessor setting forth the facts of such
breach or default which entitled it to make such re-entry and stating that any prerequisite notice or notices which may be required to be given under the relevant provisions of this Lease to the Lessee and mortgagee has, or have, in fact been given.
14. If a mortgagee gives notice to the Lessor of its intention to take proceedings to enforce its mortgage, and in fact commences such proceedings forthwith, the Lessor shall grant to the mortgagee such reasonable period of time following notice as may be required, within which the default by the Lessee may be rectified and the Lessor shall postpone its right to re-enter for that period of time.
15. It is hereby agreed between the parties hereto that the Rules and Regulations attached hereto and marked Schedule A form part of this Lease and that such Rules and Regulations may be waived in whole or in part from time to time by the Lessor without affecting the force and effect of such Rules and Regulations subsequent to such waiver and that the Lessor may add such further and other Rules and Regulations as it may deem necessary for the benefit of all the other Lessees of land adjacent to the land herein demised.
16. It is expressly agreed that the failure by the Lessee to observe any of the covenants herein contained or failure by the Lessor to enforce any of the covenants herein contained which are breached by the Lessee shall not be deemed to be a waiver or acquiescence of same on the part of the Lessor and the Lessor shall have the right to enforce its rights and remedies against the Lessee for any subsequent breach of any covenant.
17. Any notice or demand required or permitted under this Lease shall be sent by pre-paid registered mail addressed as follows: To the Lessor at Box 941, R.R. #1, 3535 St. Joseph Blvd., Orleans, Ontario of by delivering it personally to a member in good standing of the Board of
Directors. To the Lessee, by delivering it personally, or by delivering it to some adult person on the premises, if occupied, or if not occupied, by posting a copy of the notice on the premises. Any notice required to be given by the Lessor to any mortgagee of the leasehold under this Lease shall be deemed sufficiently given if in writing and forwarded by registered mail to the address of the
mortgagee which has been furnished to it, or if the premises are no longer occupied by the mortgagee, by leaving or posting up a copy of the notice at the last known address for the mortgagee. All rent due under this Lease shall be payable to the Lessor at its Head Office situate at the address above specified, or in such other manner or place as the Lessor may from time to time in writing direct.
18. It is agreed that every covenant, proviso, term and agreement herein contained shall enure to the benefit of and be binding upon the parties. hereto, and their heirs, executors, administrators, successors and assigns, and that, where there is more than one Lessee, all covenants herein contained shall be construed as being joint and several, and that when the context so requires or permits, the singular number shall be read as if the plural were expressed, and the masculine gender as if the feminine or neuter, as the case may be were expressed.
IN WITNESS WHEREOF the Party of the First Part has hereunto affixed its corporate seal attested by the Lands of its duly authorized officer or officers, and the Party of the Second Part has hereunto set his or their hands and seal.
in the presence of )
TERRA NOVA ESTATES
I have authority to bind the Corporation