HomeMy WebLinkAboutBy-law 4522/94 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 4522/94
Being a by-law to authorize the execution of an
Agreement to renew, for the period September 1, 1994 to
August 31, 1996, the Lease dated August 26, 1976
between The Municipality of Metropolitan Toronto and
the Corporation of the Town of Pickering respecting Part
Lot 12. Concession 5, Pickering (Museum Parking Lot).
WHEREAS, pursuant to the provisions of sections 191 and 207.57 of the Municipal Act, R.S.O. 1990,
chapter M.45, the Council of the Corporation of the Town of Picketing deems it desirable to renew, for
the period September 1, 1994 to August 31, 1996, the Lease dated August 26, 1976 respecting part of
Lot 12, Concession 5, Pickering from the Municipality of Metropolitan Toronto for museum parking
purposes;
NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS
FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute a Lease Renewal Agreement dated
August 8, 1994, renewing, for the period September 1, 1994 to August 31, 1996, the Lease dated
August 26, 1976 respecting that part of Lot 12, Concession 5, Picketing, more particularly
described therein, between The Municipality of Metropolitan Toronto and The Corporation of
the Town of Pickering for museum parking purposes, which Lease Renewal Agreement shall be
in the form attached hereto as Schedule A.
BY-LAW read a first, second and third time and finally passed this 17th day of October, 1994.
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TOWH OF
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Schedule A
THIS INDENTURE OF LEASE RENEWAL made in quadruplicate this 8th day of August, 1994,
IN PURSUANCE OF THE Short Forms of Leases Act
BETWEEN:
THE MUNICIPALITY OF METROPOLITAN TORONTO
(hereinafter called the 'Landlord")
OF THE FIRST PART
- and -
THE CORPORATION OF THE TOWN OF PICKERING
(hereinafter called the 'TenanC)
OF THE SECOND PART
WITNESSES THAT:
WHEREAS by Indenture of Lease dated the 26th d.,y of August, 1976, (hereinafter called the '1976
Indenture') the Landlord leased to the Tenant the real pn}perty in the Town of Picketing in the Regional
Municipality of Durham. consisting of that part of Lot 12, Concession 5, more particularly described therein
(hereinafter called the 'Leased Area"), for parking purposes for a term expiring the 31st day of August, 1981;
AND WHEREAS by Indentures of Renewal of Lease dated the January 16, 1984, October 3, 1986, July
19, 1989, August 8, 1990 and July 21, 1992, the parties documented the renewal of the term for terms expiring
the 31st day of August, 1994;
AND WHEREAS the parties hereto are desirous of exnendlng the Tenant's tenancy of the Leased Area
for a renewal term of two (2) years commencing the 1st day of September, 1994, on the terms and conditions
hereinafter set out;
IN CONSIDERATION OF the mutual covenants herein contained, the parties hereby agree as follow~:
1. The Tenant's tenancy of the Leased Area is hereby extended for a renewal term of TWO (2) YEARS
commencing on the 1st day of September, 1994, and expiring on the 31st day of August, 1996, on the same terms
and conditions as those set out in the 1976 Indenture, as amended, except as follows:
2. The rental rate shall be FOUR HUNDRED AND FIFTY DOLLARS ($450.00) per annum payable in
advance on thc 1st day of September in each year of the term, commencing on the 1st day of September, 1994;
3. Paragraph 1.(b) of the 1976 Indenture shall hereby be amended to include the use of an administrative
building and a stone farmhouse (the 'farmhouseN), said farmhouse to be located on the site identified as 'Site
#2' on the sketch of the Leased Area attached to this Lease Renewal as Schedule I.
4. Construction of the farmhouse shall be in accordance with plans and drawings to be submitted to and
approved by the Landlord's Commissioner of Parks and Property or his designate (the NCommissioneff), which
approval shall not be unreasonably withheld or delayed;
5. The Tenant shall, at its, ,wn risk and expense, construct, maintain and repair the administrative building
and the farmhouse as and when necessary and when required to do so by the Commissioner or his designate,
acting reasonably;
6. The Tenant will comply with all Federal, Provincial and Municipal laws, by-laws, niles and regulations
affecting the Leased Area, including [he obtaining of all necessary permits and licenses, and will save the
Landlord harmless from any liability or cost suffered by it as a result of failure of the Tenant to do so;
7. The Landlord may terminate the Term at any time on at least Six (6) months advance wrlttcn uotlce
to the Tenant to such effect.
8. Upon termination of thc tenancy, the Tenant, at its own risk and expense, will remove from the Leased
Area Ihe administrative building and the farmhouse, and any other improvements or structures, t'~ures and
chattels belonging to the Tenant, with all damage, if any, caused by such removal made good by the Tenant and
will leave the Leased Area in good repair and neat, clean, level and free of all waste material/debris/rubbish,
all to the satisfaction of the Commissioner, from the Leased Area and shall restore the Leased Area to a
condition satisfactory to the Commissioner;
9. The Tenant covenants not to store or permit to be stored, any explosive or inflammable substances,
pollutants, contaminants or hazardous or environmentally sensitive materials at the Leased Area other than the
fuel in the fuel tanks of motor vehicles, or heating fuel for the administrative building and the farmhouse, in a
safe storage tank within the administrative building and farmhouse;
10. The Tenant shall pay all taxes (including G.S.T.) applicable to the Leased Area, all maintenance costs
and the cost of any services and utilities provided to [he: Leased Area;
11. The 1976 Indenture as amended, shall continue in full force and effect except as otherwise set out
herein.
12. This Indenture shall enure to the benefit of and be binding upon the parties hereto and their respective
successors and (where applicable and permitted) assigns.
IN WITNESS WHEREOF the parties hereto have executed this Indenture under seal.
SIGNED, SEALED AND DELIVERED ) THE MUNICIPALITY OF
) METROPOLITAN TORONTO
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) THE CORPORATION OF THE
) TOWN OF PICKERING
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(F:~A LISO NI~061 \2200059\ PI CKERIN.AG M) ) c/s