HomeMy WebLinkAboutENG 04-16ATTACHMENT#__.I..___ TO REPORT# EN €] OLJ -I (p
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This Lease made pursuant to the provisions of subsection 191 (2) of the Municipal Act,
R.S.O. 1990, chapter M.45, as of the 17th day of February 2016,
BETWEEN
The Corporation of the City of Pickering
Herein called the "Landlord"
-and-
The Durham District School Board
Herein called the "Tenant"
Of the first part,
Of the second part.
(the "Landlord's Lands")
Whereas the Landlord owns those lands and premises being described as Block 42,
Plan M-1194, in the City of Pickering, in the Regional Municipality of Durham (the
"Landlord's Lands");
Whereas the Tenant owns those lands and premises abutting the Landlord's Lands
being legally described as Block 98, Plan M-1207, in the City of Pickering in the
Regional Municipality of Durham, (the "Tenant's Lands");
Whereas Maple Ridge Public School is located on part of the Tenant's Lands;
Whereas the Landlord and Tenant have entered into a Site Plan Agreement dated the
5th day of July, 1995 (the "Site Plan Agreement") to permit the construction of an
addition to the Maple Ridge Public School structure and to provide for the construction
of 14 additional parking spaces and associated landscaping on part of the Landlord's
Lands being set out as Parts I, 2, 3 and 4, Plan 40R-16384.
Now Therefore in consideration of the rents, covenants and agreements herein
contained the Landlord and the Tenant agree as follows:
1. Recitals
The parties hereto acknowledge and agree that the recitals contained herein are true in
substance and in fact;
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2. Lease and Term
The Landlord hereby leases to the Tenant those lands being part of Block 42, Plan M-
1194 and being set out as Parts I, 2, 3 and 4, on Plan 40R-16384 (hereinafter called
the "Lands"), for a term (hereinafter called the "Term") commencing on the 31 51 day of
July 2015 and expiring on the 30th day of July, 2035, unless the term is earlier
terminated.
3. Rent
(1) The amount of the rent payable by the Tenant to the Landlord during the
Term is Ten ($1 0.00) Dollars per annum
(2) Place and Manner of Payment
Each payment of rent shall be paid by the Tenant to the Landlord in advance,
on the first day of August in each calendar year throughout the Term, in lawful
money of Canada, at the address of the Landlord set out in section 14 or at
such other place as the Landlord shall from time to time designate, and the
Landlord may require the Tenant to provide post-dated cheques for this
purpose.
4. General Covenants
(1) The Landlord covenants with the Tenant:
(a) for quiet enjoyment; and
(b) to observe and perform all covenant and obligations of the Landlord
herein
(2) The Tenant covenants with the Landlord:
(a) to pay rent; and
(b) to observe and perform all covenants and obligations of the Tenant
herein; and
(c) to observe and perform all covenants and obligations of the Tenant
as set out in the Site Plan Agreement.
5. Use and Occupancy of Premises
The Tenant covenants with the Landlord:
(a) Required and Prohibited Uses
To use the Lands for the purpose of providing school parking for
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Maple Ridge Public School located on the Block 98, Plan M-1207, only,
and for no other purposes;
(b) Appearance etc. of Lands
To maintain the Lands so that they shall always be of good appearance
and suitable for the proper operation of a parking lot in accordance
with the requirements of the Site Plan Agreement, and in so doing, to
maintain the Lands and the asphalt and landscaping in a good state of
repair, orderly, tidy, clean and clear of all refuse and to remove snow at
the Tenants sole expense throughout the Term of this Lease;
(c) By-laws
6. Taxes
To comply at its own expense with all municipal , federal and provincial
sanitary , fire and safety laws, regulations and requirements pertaining to
the occupation and use of the Lands.
Payment by Tenant
The Tenant covenants with the Landlord to pay promptly when due to the taxing
authority or authorities having jurisdiction, all taxes, rates, duties, levies and
assessments whatsoever, whether municipal, parliamentary or otherwise,
levied, imposed or assessed in respect of the Lands in respect of the use or
occupancy thereof (including Licence fees).
7. Licences Assignment and Subletting
(1) Licences
The Tenant shall not permit any part of the Land to be used or
occupied by any persons other than the Tenant and the employees of
the Tenant, or permit any part of the Lands to be used or occupied by
any licensee or concessionaire, or permit any persons to be upon the
Lands other than the Tenant, its employees, customers and others
having lawful business with it. Notwithstanding the foregoing, the parties
agree that the lands described as Part 4, on Plan 40R-16384 will
continue to be available for use by the public for parkland purposes.
(2) Assignment and Subletting
The Tenant shall not assign this Lease of sublet all or any part of the Lands.
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8. Signs
The Tenant shall not be permitted to place any signs on the Lands without the
prior written consent of the Landlord which consent may be ordinarily withheld.
9. Leasehold Improvement and Trade Fixtures
(1) Definition of Leasehold Improvements
For purposes of this Lease, the term "Leasehold Improvements"
includes without limitation all fixtures, improvements, installations,
alterations and additions from time to time made, erected or installed
by or on behalf of the Tenant in or on the Lands, and whether or not
moveable, with the exception of trade fixtures and furniture and
equipment not of the nature of fixtures.
(2) Installation of Improvements and Fixtures
The Tenant shall not make, erect, install or alter any Leasehold
Improvements or trade fixtures, including lighting, in or on the Lands
without having first obtained the Landlord's written approval. The
Tenant's request for any approval hereunder shall be in writing and
accompanied by an adequate description of the contemplated work and,
where appropriate, working drawings and specifications thereof. All
work to be performed on the Lands shall be performed by competent
contractors and subcontractors of whom the Landlord shall have
approved, such approval not to be unreasonably withheld. All such
work shall be subject to inspection by and the reasonable supervision
of the Landlord, and shall be performed in accordance with any
reasonable conditions or regulations imposed by the Landlord and
completed in a good and workmanlike manner in accordance with the
description of work approved by the Landlord.
(3) Liens and Encumbrances on Improvements and Fixtures
In connection with the making, erection, installation or alteration of
Leasehold Improvements and trade fixtures and all other work or
installations made by or for the Tenant in or on the Lands, the
Ten ant shall comply with all the provisions of the Construction Lien
Act, and other statutes from time to time applicable thereto, including
any provision requiring or enabling the retention by way of hold-back of
portions of any sums payable, and except as to any such hold-back
shall promptly pay all accounts relating thereto. The Tenant shall not
create any mortgage, conditional sale agreement or other encumbrance
in respect of its Leasehold Improvements or, without the consent of the
Landlord, with respect to its trade fixtures nor shall the Tenant take any
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action as a consequence of which any such mortgage, conditional sale
agreement or other encumbrance would attach to the Lands or any part
thereof. If and whenever any mechanics' or other lien for work, labour,
services or materials supplied to or for the Tenant or for the cost of
which the Tenant may be in any way liable or claims therefor shall arise
or be filed or any such mortgage, conditional sale agreement or other
encumbrance shall attach, the Tenant shall within twenty (20) days
after receipt of notice thereof procure the discharge thereof, including
any certificate of action registered in respect of any lien, by payment or
giving security or in such other manner as may be required or
permitted by law, and failing which the Landlord may in addition to all
other remedies hereunder avail itself of its remedy under section 12
hereof and may make any payments required to procure the discharge
of any such liens or encumbrances, shall be entitled to be reimbursed
by the Tenant as proyided in section 12. Its right to reimbursement
shall not be affected or impaired if the Tenant shall then or subsequently
establish or claim that any lien or encumbrance so discharged was
without merit or excessive or subject to any abatement, set-off or
defense. This subsection shall not prevent the Tenant from mortgaging
or encumbering its chattels, furniture or equipment not of the nature of
fixtures.
(4) Removal of Improvements and Fixtures
All trade fixtures, furniture and equipment shall be removed by the
Tenant from the Lands either during or at the expiration or sooner
termination of the Term.
The Tenant shall, in the case of every removal either during or at the end
of the Term, make good at the expense of the Tenant any damage
caused to the Lands by the installation and removal.
10. Insurance and Liability
(1) Tenant's Insurance
The Tenant shall take out and keep in force during the Term:
(a) comprehensive insurance of the type commonly called general
public liability, which shall include coverage for personal liability,
contractual liability, tenants' legal liability, non-owned automobile
liability, bodily injury, death and property damage, all on an
occurrence basis with respect to the business carried on in or
from the Lands and the Ten ant's use and occupancy of the
Lands, with coverage for any one occurrence or claim of not less
than Five Million Dollars ($5,000,000), or such other amount as
the Landlord may reasonably require upon not less than six
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months notice at any time during the Term, which insurance shall
include the Landlord as a named insured and shall protect the
Landlord in respect of claims by the Tenant as if the Landlord
were separately insured; and;
(b) insurance against such other perils and in such amounts as the
Landlord may from time to time reasonably require upon not less
than 90 days written notice, such requirement to be made on the
basis that the required insurance is customary at the time ~or
prudent tenants of similar properties.
All insurance required to be maintained by the Tenant hereunder shall be
on terms and with insurers to which the Landlord has no reasonable
objection. Each policy shall contain a waiver by the insurer of any rights of
subrogation or indemnity or any other claim over to which the insurer might
otherwise be entitled against the Landlord or the agents or employees of the
Landlord, and shall also contain an undertaking by the insurer that no material
change adverse to the Landlord or the Tenant will be made, and the policy
will not lapse or be cancelled, except after not less than thirty days written
notice to the Landlord of the intended change, lapse or cancellation.
The Tenant shall furnish to the Landlord, if and whenever requested by it,
certificates or other evidences acceptable to the Landlord as to the insurance
from time to time effected by the Tenant and its renewal or continuation in force,
together with evidence as to the method of determination of full replacement
cost of the Tenant's Leasehold Improvements, trade fixtures, furniture and
equipment, and if the Landlord reasonably concludes that the full
replacement cost has been underestimated, the Tenant shall forthwith
arrange for any consequent increase in coverage required hereunder. If the
Tenant shall fail to take out, renew and keep in force such insurance, or if the
evidences submitted to the Landlord pursuant to the preceding sentence are
unacceptable to the Landlord or no such evidences are submitted within a
reasonable period after request therefor by the Landlord, then . the Landlord
may give to the Tenant written notice requiring compliance with this section
and specifying the respects in which the Tenant is not then in compliance
with this section. If the Tenant does not, within 72 hours or such lesser period
as the Landlord may reasonably require having regard to the urgency of the
situation, provide appropriate evidence of compliance with this section,
the Landlord may, but shall not be obligated to, obtain some or all of the
additional coverage or other insurance which the Tenant shall have failed to
obtain, without prejudice to any other rights of the Landlord under this Lease
or otherwise, and the Tenant shall pay all premiums and other expenses
incurred by the Landlord in that connection as additional rent pursuant to
section 12 hereof.
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(2) Limitation of Landlord's Liability
The Landlord shall not be liable for any bodily InJury or death of,
or loss or damage to any property belonging to the Tenant or its
employees, invitees or licensees or any other person in, or upon the
Lands.
(3) Indemnity of Landlord
The Tenant shall indemnify and save harmless the Landlord in respect
of:
(a) all claims for bodily injury or death, property damage or other
loss or damage arising from the conduct of any work by or
any act or omission of the Tenant or any agent, employee,
contractor, invitee or licensee of the Tenant, and in respect of all
costs, expenses and liabilities incurred by the Landlord in
connection with or arising out of all such claims, including the
expenses of any action or proceeding pertaining thereto;
(b) any loss, cost, expense or damage suffered or incurred by the
Landlord arising from any breach by the Tenant of any of its
covenants and obligations under this Lease; and
(c) all costs, expenses and reasonable legal fees that may be
incurred or paid by the Landlord in enforcing against the
Tenant the covenants, agreements and representations of
the Tenant set out in this Lease.
11. Access of Landlord
(1) Inspection and Access
The Landlord shall be permitted at any time and from time to time to
enter and to have its authorized agents, employees and contractors
enter onto the Lands for the purposes of inspection, maintenance or
making repairs, and the Tenant shall provide free and unhampered
access for the purpose, and shall not be entitled to compensation for
any inconvenience, nuisance or discomfort caused thereby, but the
Landlord in exercising its rights hereunder shall proceed to the extent
reasonably possible so as to minimize interference with the Tenant's
use and enjoyment of the Lands.
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12. Delay and Non-Waiver
( 1) Unavoidable Delay
Except as herein otherwise expressly provided, if and whenever and
to the extent that either the Landlord or the Tenant shall be prevented,
delayed or restricted in the fulfilment of any obligation hereunder in
respect of the making of any repair, the doing of any work or any
other thing, other than the payment of rent or other monies due, by
reason of:
(a) strikes or work stoppages;
(b) inability to obtain any material service, utility or labour required to
fulfil such obligation;
(c) any statute, law or regulation of, or inability to obtain any
permission from , any government authority having lawful
jurisdiction preventing , delaying or restricting such fulfillment of;
(d) other avoidable occurrence
(2) Waiver
If either the Landlord or the Tenant shall overlook, excuse, condone or
suffer any default, breach or non-observance by the other of any of any
obligation hereunder, this shall not operate as a waiver of such
obligation in respect of any continuing or subsequent default, breach
or non-observa~ce, and no such waiver shall be implied but shall only
be effective if expressed in writing nor shall any forbearance to seek a
remedy for any breach be a waiver of any rights and remedies with
respect to such or any subsequent breach.
13. Remedies of Landlord
(1) In addition to all rights and remedies of the Landlord available to it in
the event of any default hereunder by the Tenant through improper
compliance or non-compliance with any obligation arising either under
this or any other provision of this Lease or under statute or the general
law, with such default not being rectified by the Tenant within ten (1 0)
days of being advised of such default, the Landlord:
(a) shall have the right at all times to remedy or attempt to remedy
any default of the Tenant, and in so doing may make any
payments due or alleged to be due by the Tenant to third parties
and may enter upon the Lands to do any work or other things
therein, and in such event all expenses of the Landlord in
remedying or attempting to remedy such default shall be
payable by the Tenant to the Landlord as additional rent forthwith
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upon demand.
(b) shall have the same rights and remedies in the event of any non-
payment by the Tenant of any amounts payable by the Tenant
under any provision of this Lease as in the case of a non-
payment of rent; and
(c) if the Tenant shall fail to pay any rent or other amount from time
to time payable by it to the Landlord hereunder promptly when
due, shall be entitled, if it shall demand it, to interest thereon
at a rate of three per cent (3%) per annum in excess of the
minimum lending rate to prime commercial borrowers from time to
time current at the City's bank from the date upon which the same
was due until I actual payment thereof.
(2) Remedies Cumulative
The Landlord may from time to time resort to any or all of the rights and
remedies available to it in the event of any default hereunder by the
Tenant, through improper compliance or non-compliance with any
obligation arising either under any provision of this Lease or under
statute or the general law, with such default not being rectified by the
Tenant within ten (1 0) days of being advised of such default, all of
which rights and remedies are intended to be cumulative and not
alternative, and the express provisions hereunder as to certain rights
and remedies are not to be interpreted as excluding any other or
additional rights and remedies available to the Landlord by statute or the
general law.
(3) Right of Re-entry on Default or Termination
If and whenever the rent hereby reserved or other monies payable by
the Tenant or any part thereof shall not be paid on the day appointed
for payment thereof, whether lawfully demanded or not, and the Tenant
shall have failed to pay such rent or other monies within five (5)
business days after the Landlord shall have given to the Tenant notice
requiring such payment, or if the Tenant shall breach or fail to observe
and perform any of the covenants, agreements, provisos, conditions
and other obligations on the part of the Tenant to be kept, observed
or performed hereunder, with such breach or failure to observe and
perform not being rectified by the Tenant within ten (1 0) days of being
advised of such breach or failure to observe and perform, or if this Lease
shall have become terminated pursuant to any provision hereof, or if
the Landlord shall have become entitled to terminate this Lease and
shall have given notice terminating it pursuant to any provision hereof,
then and in every such case it shall be lawful for the Landlord thereafter
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to enter into and upon the Lands or any part thereof in the name of the
whole and the same to have again, repossess and enjoy as of its
former estate, anything in this Lease contained to the contrary
notwithstanding.
(4) Termination of Re-entry
If and whenever the Landlord becomes entitled to re-enter upon the Lands
under any provision of this Lease the Landlord, in addition to all other
rights and remedies, shall have the right to terminate this Lease forthwith
by delivering such notice of termination, in writing, by prepaid registered
mail, to the Superintendent of Education-Business and Information
Technology or the Board Chairperson at the Durham District School
Board, 400 Taunton Road East, Whitby, Ontario, L 1 R 2K6.
(5) Payment of Rent, etc. on Termination
Upon the giving by the Landlord of a notice in writing terminating this
Lease, whether pursuant to this or any other provision of this Lease, this
Lease and the Term shall terminate, rent and any other payments for
which the Tenant is liable under this Lease shall be computed,
apportioned and paid in full to the date of such termination, and the
Tenant shall immediately deliver up possession of the Lands to the
Landlord, and the Landlord may re-enter and take possession of them.
14. Improper Use of Premises: Bankruptcy
(1) Bankruptcy, etc.
In case without the written consent of the Landlord the Premises shall
be used by any other persons than the Tenant or for any purpose
other than that for which they were leased, or occupied by any
persons whose occupancy is prohibited by this Lease, or if the Lands
shall be. vacated or abandoned, or remain unoccupied for fifteen (15)
days or more while capable of being occupied; or if the balance of the
Term or any of the goods and chattels of the Tenant shall at any time be
seized in execution or attachment, or if the Tenant shall make any
assignment for the benefit of creditors or any bulk sale, become
bankrupt or insolvent or take the benefit of any statute now or
hereafter in force for bankrupt or insolvent debtors, then in any such
case the Landlord may at its option terminate this Lease by leaving
upon the Lands notice in writing of such termination and thereupon, in
addition to the payment by the Tenant of rent and other payments for
which the Tenant is liable under this Lease, rent for the current month
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and the next ensuing three (3) months shall immediately become due and
paid by the Tenant.
15. Miscellaneous Provisions
(1) Registration of Lease
The Tenant herby consents to the registration of this Lease of a notice of
this Lease against the Tenant's Lands.
(2) Lease Constitutes Entire Agreement
There are no covenants representations, warranties, agreements or
conditions express or implied, collateral or otherwise forming part of or in
any way affecting or relating to this Lease save as expressly set out in
this Lease including without limitation, the Site Plan Agreement; this
Lease constitutes the entire agreement between the Landlord and the
Tenant and may not be modified except as herein explicitly provided or
except by agreement in writing executed by the Landlord and the Tenant.
(3) Notices
Any notice required or contemplated by any provision hereof shall be
given in writing and;
(a) if to the Landlord, either delivered to the City Clerk personally or
mailed by prepaid registered mail addressed to the City Clerk at
Pickering Civic Complex, One The Esplanade, Pickering, Ontario
LIV 6K7; and
(b) if to the Tenant, either delivered to the Superintendent of
Education-Business and Information Technology or the Board
Chairperson personally or mailed by prepaid registered mail
addressed to the Superintendent of Education-Business and
Information Technology or the Board Chairperson at the Durham
District School Board, 400 Taunton Road East, Whitby, Ontario LIR
2K6.
Every such notice shall be deemed to have been given when delivered
or, if mailed as aforesaid, upon the day after the day it is mailed. Either
party may from time to time by notice in writing to the other, designate
another address in Canada as the address to which notices are to be
mailed to it.
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(4) Interpretation
All of the provisions of this Lease are to be construed as covenants and
agreements as though words importing such covenants and agreements
were used in each separate provision hereof, and the captions ·
appearing for the provisions of this Lease have been inserted as a
matter of convenience and for reference only and in no way define, limit
or enlarge the scope or meaning of this Lease or of any provision hereof.
(5) This lease shall be construed in accordance with the laws of the Province
of Ontario.
(6) Extent of Lease Obligations
This Lease and everything herein contained shall enure to the benefit of
and be binding upon the respective heirs, executors, administrators and
other legal representatives, as the case may be, of each party hereto,
and every reference herein to any party hereto shall include the
heirs, executors, administrators, and other legal representatives of such
party.
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In Witness Whereof the parties have executed this Lease.
The Corporation of the City of Pickering
David Ryan, Mayor
Debbie Shields, City Clerk
Durham District School Board
Michael Barrett, Chairperson
Edward Hodgins, Superintendent,
Business and Information Technology