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by barb findlay
Note: This is an example for educational purposes only. It is not to be used as a legal precedent. For legal advice regarding an actual situation, please consult a lawyer.
1993
TERMS OF INSTRUMENT
THIS INDENTURE made as of the 1st day of February
in the year of our Lord one thousand nine hundred and ninety two (1992)
UNDER THE "LAND TRANSFER FORM ACT, PART 2"
BETWEEN:
THE EXAMPLE CONSERVATION TRUST OF BRITISH COLUMBIA, a company incorporated under the laws of Canada and registered under the Society Act of British Columbia and having an office at 123-456 Park Royal East, South Vancouver, British Columbia, V7T 1A2
(Registration No. 99454S) (hereinafter called the "Lessor")
OF THE FIRST PART
AND:
EXAMPLE MUNICIPAL REGIONAL DISTRICT,
1234 Kingsway, Burnaby, B.C. V5H 4G8
(hereinafter called the "Lessee")
OF THE SECOND PART
WITNESSETH, the Lessor doth demise unto the Lessee, its successors and assigns, ALL AND SINGULAR those certain parcels or tracts of land and premises situate, lying and being in the New Westminster Assessment District in the Province of British Columbia and being more particularly known and described in FORM E (pages 3-5) hereto (the "Lands");
Subject to:
(a) Easement AA54453 Over Plan 74176
(b) Easement AD153047 Over Plan 85822
TOGETHER with all buildings thereupon erected, or hereafter during the term hereby granted, to be erected, and also with all ways, paths, passages, waters, water courses, privileges, advantages and appurtenances whatsoever to the Lands belonging or otherwise appertaining.
SUBJECT NEVERTHELESS to (1) the subsisting conditions, provisos, restrictions, exceptions and reservations, including royalties (if any), contained in the original grant or grants or contained in any other grant or disposition from the Crown with respect to the Lands; and (2) a highway, or public right-of-way, watercourse, right of water or other public easement found on the Lands.
From the 1st day of February, one thousand nine hundred and ninety-two for the term of ninety-nine (99) years thence ensuing.
YIELDING during the said term therefor the rent of One Dollar ($1.00) now paid by the Lessee to the Lessor (the receipt whereof by the Lessor is hereby acknowledged).
THAT the Lessee covenants to pay taxes; and to pay rates for water, electric light, gas and telephone.
AND to repair; and to keep up fences; and not to cut down timber.
AND the Lessor may enter and view the states of repair, and the Lessee will repair according to notice.
AND will not assign without leave; and will not sublet without leave.
AND that it will leave the Lands in good order.
AND that it will not carry on any business that shall be deemed a nuisance on the Lands.
AND that it will note, in exercising any rights hereunder, breach or in any way violate the provisions of the encumbrances hereinbefore set forth or cause any interference with the exercise of the rights thereunder. The Lessee will indemnify and save harmless the Lessor from any and all liabilities, expenses, charges, damages, costs, actions and proceedings arising from or as a result of any breach of or interference with rights under any encumbrance, as aforesaid, on the part of the Lessee or its sublessee, assignee or licensee.
PROVISO for re-entry by the Lessor on non-performance of covenants or upon any assignment, subletting or transfer or conveyance of this lease or any interest herein by seizure, operation of law or otherwise howsoever.
The Lessor covenants with the Lessee for quiet enjoyment; PROVIDED that for certainty it is expressly agreed that the Lessor's covenant for quiet enjoyment does not provide the Lessee with any remedy if the Lessee is ejected by title paramount.
The Lessee acknowledges and agrees that its interest in the Lands under this lease is taken subject to the encumbrances hereinbefore described and that the exercise of any rights under or in respect of such encumbrances or the use of the Lands pursuant thereto shall not constitute a breach hereof or default hereunder on the part of the Lessor or give rise to any right of act of action on the part of the Lessee as against the Lessor, notwithstanding the effect of such exercise or use on the Lessee's rights hereunder in respect of the Lands or otherwise howsoever.
GENERAL
1. Notwithstanding any rules at law or in equity to the contrary, all buildings, fixtures or other improvements constructed or erected by the Lessee upon the Lands during the term of this lease shall remain the property of the Lessee, and the Lessee may upon expiration or earlier termination of the lease remove the buildings, fixtures or other improvements from the Lands provided that the Lessee will restore the surface of the lands disturbed by such removal as nearly as possible to the same conditions as existed prior to the construction of the buildings, fixtures or other improvements by the Lessee. Any buildings, fixtures or other improvements not removed from the Lands within 90 days following the termination of this lease become the property of the Lessor.
2. The Lessee will, at all times during the term of this Lease maintain and preserve in good order and condition the grounds of the Lands, and carefully protect and preserve the trees, bushes, shrubs, plants and flowers now growing and which may, at any time during the said term, grow thereon, from waste, injury or destruction.
3. The Lessor shall not be liable for any injury or damage to any person or property on, in or about the Lands, howsoever such damage may be occasioned. All risks of any such injury being assumed by the Lessee, who shall hold the Lessor harmless and indemnified therefrom. Provided however this indemnity shall not extend to injury or damage due to the negligence of the Lessor.
4. The Lands shall be preserved and/or developed by the Lessee as site of ecological interest for the use, enjoyment and benefit of the people of British Columbia and for park purposes. In the event,
(a) the Lands are not used for the purpose hereinbefore set out, or
(b) the Lessee permits activities on the Lands which are not conducive to the preservation and/or development of the Lands as aforesaid,
this lease shall, at the option of the Lessor cease and be terminated, and the term hereby created expires and be at an end, anything herein contained to the contrary notwithstanding and the Lessor may re-enter and take possession of the Lands as though the Lessee or other occupant or occupants of the Lands were holding after the expiration of the term without colour of right.
5. The Lessee shall have the right to erect such signs the Lessee deems necessary for the operation and management of the Lands as a regional park subject to the following. The Lessee shall remove at its' sole cost, any sign bearing the name of the Lessee, the Lessor or any corporation, partnership, persons, unincorporated association, government or governmental body, or entity (whether or not having a distinct existence in law) upon receiving the Lessor's written request to remove such signs.
6. Any notice required to be given by either party hereto shall be well and sufficiently given if sent by registered mail, postage prepaid, addressed as follows:
If to the Lessor: THE EXAMPLE CONSERVATION TRUST OF BRITISH COLUMBIA
123-456 Park Royal East, South Vancouver, British Columbia, V7T 1A2
If to the Lessee: EXAMPLE MUNICIPAL REGIONAL DISTRICT
1234 Kingsway, Burnaby, B.C. V5H 4G8
and shall be deemed to have been received three (3) days after such notice has been deposited in the post office in Vancouver, British Columbia.
Provided always and it is hereby agreed by and between the parties hereto that if the said Lessee shall hold over after the expiration of the term hereby granted and the Lessor shall accept rent, the new tenancy thereby created shall be a tenancy from month to month and not a tenancy from year to year, and shall be subject to the covenants and conditions herein contained so far as the same are applicable to a tenancy from month to month.
Wherever the singular and the masculine are used throughout this Indenture, the same shall be construed as meaning the plural or the feminine, or body corporate or politic; also the heirs, executors, administrators, successors and assigns of the respective parties hereto and each of them (where the context or parties so require).
IN WITNESS WHEREOF the said parties have hereunder executed this instrument as of the day and year first above written.
Officer Certification Party Signature(s) _
THE EXAMPLE CONSERVATION TRUST OF BRITISH COLUMBIA by its authorized signatories
_
_ THE EXAMPLE MUNICIPAL REGIONAL DISTRICT by its authorized signatories
_
_
END OF DOCUMENT
