Ontario Farm Land Lease with Land Trust

Document Sample
Ontario Farm Land Lease with Land Trust
THIS LEASE made in duplicate as of the day of , 20 .



IN PURSUANCE OF THE SHORT FORMS OF LEASES ACT



BETWEEN:



[NAME OF LAND TRUST]

(hereinafter called the Lessor)



-and-



[insert the name of the other party]

(hereinafter called the Lessee)



WHEREAS by agreement of purchase and sale dated the day of , 20 and

accepted on the day of , 20 (the “Agreement”), the Lessor agreed to

purchase part of the lands owned by the Lessee situate in the Township of , in the County

of , Province of Ontario, and being comprised of:



[insert legal description];



AND WHEREAS the Agreement provides that the Lessor shall lease to the Lessee part of the lands

owned by the Lessor, being comprised of:



[insert description of lands to be leased]



(hereinafter referred to as the “said Lands”);



NOW THEREFORE THIS LEASE WITNESSES that in consideration of the rents, covenants and

agreements hereinafter respectively reserved and contained on the part of the Lessee to be respectively

paid, observed and performed, the Lessor has demised and leased and by these presents does demise and

lease unto the Lessee part of the said Lands consisting of ____________ (###) acres, more or less, as more

particularly outlined and illustrated in Schedule A annexed hereto (hereinafter referred to as the

“demised premises”);



1. Term



TO HAVE AND TO HOLD the demised premises for and during the term of ________ (##) years,

commencing on the _____ day of ______________, _______ and ending on the _____ day of

______________, _______ (the “Term”).



2. Annual Rent Payments



YIELDING AND PAYING therefor unto the Lessor during the Term hereof an annual rent payment in

the sum of _____________________ DOLLARS (CAD $###.##) of lawful money of Canada per acre, in

advance, without any deduction, set-off, misappropriation or abatement whatsoever, the first of such

annual payments to become due and be made on the date of execution of this Lease.



3. Lessee’s Covenants



The Lessee covenants with the Lessor as follows:

-2-





(a) to pay the rent on or before the date on which it becomes due in each year of the Term;



(b) to use the demised premises for agricultural and wildlife management purposes only; [give details

of such uses, and list any prohibited or restricted activities]



(c) to pay harmonized sales tax and other taxes payable by the Lessee;



(d) to maintain and keep the demised premises in good repair and in substantially the same

condition the same were in at the beginning of the Term, reasonable wear and tear and damage

by fire, lightning and tempest excepted;



(e) to maintain and keep all fences on the demised premises in good repair;



(f) not to cut down timber or trees of any kind whatsoever, except fallen or live trees whose

branches interfere with the agricultural use of the demised premises;



(g) that the Lessor may enter and view the state of repair upon ______ hours prior notice to the

Lessee, and to make any repairs requested or demanded by the Lessor by notice in writing, which

the Lessor determines are necessary during such viewing;



(h) to not assign this Lease or sub-let any portion of the demised premises without the prior written

consent of the Lessor; and such consent may, notwithstanding any section of the Landlord and

Tenant Act of the Province of Ontario, be arbitrarily refused by the Lessor in its sole and

uncontrolled discretion;



(i) to not carry on any business that shall be deemed a nuisance on the demised premises;



(j) to pay all realty taxes and other assessments with respect to the demised premises;



(k) to carry adequate insurance against third-party liability, crop insurance and other insurance as

the Lessor may require, it being understood that the Lessor shall in no way be responsible for any

loss or damage which the Lessee may suffer as a result of his activities or otherwise on the

demised premises;



(l) at the end of the Term, to leave the demised premises in good repair (reasonable wear and tear

and damage by fire, lightning and tempest only excepted); PROVIDED that the Lessee may

remove his fixtures, if such removal may be and is done without injury to the demised premises.



4. Cultivation of Land



The Lessee does hereby further covenant and agree with the Lessor that he will during the Term hereof,

cultivate, till, manure and employ such parts of the demised premises as are now or shall hereafter be

brought under cultivation in a good farmer-like and proper manner, and will not impoverish, depreciate

or injure the soil, and will plough the lands in each year during the Term, and at the end of the Term will

leave the demised premises so manured as aforesaid.



5. Weed and Grass Control



The Lessee will during the Term mow the grass along the fences and in the fence corners on the demised

premises, keep down all noxious weeds and grasses, which shall grow upon the demised premises or on

the side of the roads or h

By registering with docstoc.com you agree to our
privacy policy and terms of service

Successfully added document to cart!

Successfully added document to cart!