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HomeMy WebLinkAboutBy-law 3466/90 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3466/90 Being a by-law to author~e the execution of Leases between the Town and Her Majesty the Queen in Right of Canada, for the use of Altona Community Centre, Brougham Community Centre and Don Beer Memorial Park (Brougham), 1990-1991. WHEREAS, pursuant to the provisions of section 208.57 of the Municipal Act. R.S.O. 1980, chapter 302, the council of a municipality may pass a by-law for acquiring, maintaining and operating parks and community recreation centres; NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute Leases between the Corporation of the Town of Picketing and Her Majesty the Queen in Right of Canada, (a) in the form attached hereto as Schedule A, for the use of that part of Lot 31, Concession 9, Pickering, described therein as the Altona Community Centre, from July 1, 1990 to June 30, 1991; (b) in the form attached hereto as Schedule B, for the use of that part of Lot 18, Concession 5, Picketing, described therein as the Brougham Community Centre, from July 1, 1990 to June 30, 1991; and (c) in the form attached hereto as Schedule C, for the use of that part of Lot 18, Concession 6, Picketing, described therein as the Don Beer Municipal Park (Brougham) from July 1, 1990 to June 30, 1991. BY-LAW read a first, second and third time and finally passed this 28thday of May, 1990. Wayne Art.s, Mayor ~ *ow~ C~ Brace Taylor, Clerk / APRROVED _E(IAL THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NQ~ 3466,/90 Being a by-law to authorize the execution of Leases between the Town and Her Majesty the Queen in Right of Canada, for the use of Altona Community Centre, Brougham Community Centre and Don Beer Memorial Park (Brougham), 1990-1991. WHEREAS, pursuant to the provisions of section 208.57 of the Munic.ip. al Act,.R.S.O. 1980, chapter 302, the council of a municipality may pass a by-law for acqmrlng, maintaining and operating parks and community recreation centres; 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 Leases between the Corporation of the Town of Pickering and Her Majesty the Queen in Right of Canada, (a) in the form attached hereto as Schedule Ah for the use of that part of Lot 31, Concession 9, Pickering, described therein as the Altona Community Centre, from July 1, 1990 to June 30, 1991; (b) in the form attached hereto as Schedule B, for the use of that part of Lot 18, Concession 5, Pickering, described therein as the Brougham Community Centre, from July 1, 1990 to June 30, 1991; and (c) in the form attached hereto as Schedule C, for the use of that part of Lot 18, Concession 6, Pickering, described therein as the Don Beer Municipal Park (Brougham) from July 1, 1990 to June 30, 1991. BY-LAW read a first, second and third time and finally passed this 28thday of May, 1990. Wayne Art~x~, Mayor TOWN CF Bruce Taylor, Clerk ' pICKER~NG APPRO~IED ~S TO I.EGAL $(/{E~ A DPW iD. NO. 614680-2 COb~IERCIAL LEASE THIS LEASE made in pursuance of the Short Forms of Leases Act BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF C~RqADA, aa represented by The Minister of Public Works, hereinafter referred to as the "Landlord" OF T~tE FIRST PART THE CORPORATION OF THE TOWN OF PiCKERING, Pickering Civic Complex, One The Esplanade, Pickering, Ontario, L1V 6K7, hereinafter referred to as the "Tenant" OF THE SECOND PART WHEREAS the premises are part of lands expropriated by Her Majesty for the purpose of an airport; AND WHEREAS it ia deemed expedient that the premises be leased for so long as they are not required for public purposes; WITNESSETH that in consideration of the rents, covenants and agreements hereinafter reserved and contained, the Landlord doth demise and lease unto the Tenant, all that messuage or tenement being hereinafter referred to as the premises, situate on, lying tn and being part of Lot 19, Concession 5 , Town of Pickering, Regional Municipality of Durham , Province of Ontario, comprising .25 acres more or less, being more fully described in registered title instrument numbered 145942, and being outlined in red on the key plan attached hereto as Schedule "~', and including easterly barn building, approximately 25' x 100' in size; To have and to hold the said premises for the term of ONE (1) YEAR to be computed from the FIRST (lst) day of JULY 19 90 , and to be fully completed and ended on the THIRTIETH (30th) day of JUNE 1991 Yielding and paying therefor during the said term unto the La.dl. ord, yearly rent in the sums hereinafter specfied, in equal monthly instalments within each year as follows: TWO (2) DOLLARS ($2.00) FOR THE TERM due and payable in advance ~mm~m~m~ on the Firs~ (ist) day of JULY 1990 ~x~z~~~x~i~x~xxxxxxxxxxxxx~xx~ at the Department of Public Works, Property Management Office, Brougham, Ontario, or at such other place as the Landlord may in writing indicate; ~D FURTHER PAYING AS ~DITION~ ~NT, the monies and other charges, costs and expenses herein provided to be paid by the Tenant. THE SAID TENANT accepts the demised premises in their present condition, AND COVENANTS WITH THE SAID L~DLORD: 1. To pay rent and business taxes; and to pay all utility charges, including fuel for heating, hydro, water, hot water, sewage disposal and garbage removal, ~nd all other operating and maintenance costs and expenses save only as hereinafter otherwise provided, and to supply proof thereof on demand; and the Tenant further covenants to empty the septic tank periodically, at his own expense; 2. The Tenant shall repair the premises at his own expense, reasonable wear and tear, and damage by fire, lightning and tempest only excepted; the said Landlord may in Her discretion repair reasonable wear and tear and damage by fire, lightning and tempest, provided that She may in Her discretion enter and view the state of repair; 3. The Tenant shall not carry on upon the said premises any business that may be deemed a nuisance; 4. The Tenant shall leave the premises in good repair, reasonable wear and tear, and damage by fire, lightning and tempest only, excepted; notwithstanding the generality of anything herein contained, the Tenant covenants to repair at his sole expense any damage to the premises caused by his wilful or negligent conduct or that of persons permitted by him to be on the premises; 5. The Tenant shall not assign or sublet notwithstanding any statutory enactment to the contrary, without the approval in writing of the Landlord, which approval may be withheld in the Landlord's sole discretion; 6. The Tenant shall not store or keep on the premises explosives or inflammable substances, except liquid fuels for domestic consumption or products reasonably kept or stored in connection with the Tenant's permitted lawful uses of the demised property; 7. The Tenant shall not do or permit to be done on the said premises anything which may be annoying to the Landlord, or which the Landlord may deem to be a nuisance, and that the Tenant shall use and occupy the said premises for storage o£ artifacts; 8. The Tenant shall insure the premises at his expense for public liability for an amount ant less thaa $1,OOO,OO0.OO for each occurrence; and that the policy shall name Her Majesty the Queen in Right of Canada as co-beneficiary; and that he shall promptly furnish to the Landlord copies of such policies and their renewal; and that he shall instruct his insurers to endorse all such policies to provide that in the event of any change in them which could affect the Landlord or in the event of their cancellation the insurer will give notice to the Landlord thirty (30) days prior to the effective date of such change or cancellation; and the Tenant covenants t~at he shall indemnify and save harmless the Landlord from and against all claims, demands, losses, costa, damages, actions, suits or other proceedings, by whomsoever made, sustained, brought or prosecuted in any matter, b~sed upon, occasioned by or attributable to any injury or damage arising or resulting from amy act or omission of the Tenant, his servants, licensees, tnvitees, guests, students, contractors or agents in using or occupying the said demised lands and premises; and the Tenant covenants that he shall well and truly observe and fulfil all lawful provisions and requirements of statutes, regulations, by-laws, rules and orders relating to the said demised lands and premises; 9. The Tenant shall not allow any ashes, refuse, garbage or other loose or objectionable material to accumulate in or about the hut. l.dl.~?., ynrd~, driveways, or passages of the said premises~ and shall at all times keep the said premises tn clean and wholeso~ condi:ion~ and shall, tm~diately before the termination of the :e~m hereby 8ran~d, wash the floors, windows and voodwozk of the said p~e~ses; and that he shall keep the sidewalks and driveways the sides of the said p~emises f~ee of snow and ice; 10. I~ ~he ~e~m hereby 8ranted or the goods and chattels of ~he Tenant or any assignee or sub-:enan~ shall be a: any time seized or taken in execu~ion or attachment, or i~ the Tenant or any such assignee or sub-tenant shall ~ke an assignment for the benefit of creditors or shall become bankrupt or insolvent, or make a proposal its c~edi:ors, or without the consent of the Landlord being first obtained writing, shall make a sale, under the Bulk Sales Act, in respect of goods on the p~emises, or being a company shall become subject to any legislative enactment relating to liquidation or winding up, either voluntary or compulsory, the said term shall i~ediately become forfeited and void, and an amount equivalen~ ~o :he next ensuing three months' :eh: shall be a: once due and payable; 11. In considers:ion of :he foregoing and of ~he leasing and letting by the Landlord to the Tenant of :he premises hereby de~sed, :he Tenan: hereby covenants and agrees with ~he Landlord ~hac notwithstanding any aCatuce or law to the contrary, none of ~he goods or chattels of the Tenant on the said p~emises at any time during the continuance of the :e~ hereof shall be exempt from levy by distress for ~ent in a~ea~s by the Tenant and that upon any claim being made for such exemption by :he Tenant, or on distress being ~de by ~he Landlord, this covenant and as~ee~nt ~y be pleaded as ~ estoppel against the Tenant in any ac:ion brought :o tee: the tight :o the lenin8 upon any such 6oods Rs are named ns exempted in any such s~a:u:e or law, tl~e Tenant waiving, as he hereby does, all and eve~ benefit that could or migh~ have accrued :o him under and by virCue o~ any such statute or law but for the above covenant; 12. TH~ SAID L~DLORD COVEN~TS ~ITII Tile SAID TENET for quie~ enjoyment, while this lease is in 8ood standing and noC te~nated by ~he Landlord or othezwise by its ter~; provided that the Landlord shall no: be liable to supply va~er if tl~e existing supply is or becomes inadequate; 13. THE ~NDLO~ covenan:s and agrees :o pay ~eal p~ope~y ~axes attribu~able by Her to the demised p~e~ses; 1~. THE TENET covenants and agrees to and with ~he Landlord that if there be an increase in real p~operty taxes attributed by the Landlord as being payable by the Landlord ia ~especC of the de~sed p~e~ses, the Tenant shall pay such increase in full upon being notified thereo'f, with ~he next due monthly rental pay~nC and such increase in real propet~y taxes shall be deemed ~o be part of the rent reserved in this Lease and ~he ~emedies'available to ~he Landlord zela:in~ :o tent hezein and at lay shall apply mutatis mutandis 15. The Tenant hereby acknowledges that he bas received :he keys of C}~e sa~d premises, which he agrees :o ~etum upon qui~:ing :he said premises; 16. Any al~erations, additions or improvemen~s of the Tenant are subject to the prior approval of the Landlord in writing and must be made by a qualified con~racCor who is acceptable to the Landlord, entirely at the Tenant's expense PROVIDED that al:era~ions, additions and imp~ovements Co hea~ing, air conditioning, plun&in8, ~oof and bearing walls are p~ohibi:ed unless the Landlord gives specific writ Cea consent; 17. The Tenant may remove his fixtures if all ~he ~ent due hereunder has been paid and such'~e~val can be ~de wi:bout injury or damage to the prope~y that canno~ be compensated by the Tenant in money; and provided the Tenant covenants he shall be responsible for prompt restoration or compensation to the satisfaction of the Landlord; 18. In the event o~ the destruction or partial destruction of the ss~d premises by fire, ltshtntng, tempest, or otherwise, tits Landlord may, iu its sole discretion, declare the term hereby 8ranted to be forthwith terminated, end in such event rent shall be payable up to the time of such destruction or partial destruction; During the last two months of the tenancy hereby granted, the Tenant shall nllow prospective tenants to be admLtted to view the snld hours any day except Sunday on producing a written order to that effect signed by the Landlord or his agent; 20. The Landlord shall have the privilege at all reasonable ti~es during the term hereby granted or any extension thereof, by Her agents, servants, contractors and workmen with requisite vehicles and equipment, to enter on the lands for the purpose of making surveys, soil tests, laying roads, erecting structures and removing obstructions, upon 10 days notice to the Tenant; the parties covenant that such entry for a limited purpose or purposes shall not terminate the lease, nor result in the abatement of rent; provided that if such entry becomes permanent and results in the reduction of the area of the leased premises, an appropriate adjustment of rental shall be negotiated by the Parties; It is hereby understood and agreed that all chattels and Tenant's fixtures on the premises at any time shall be liable to distress for rent in arrears, and that all statutory provisions now or hereafter in force relating to exemptions from distress are hereby waived. In the event of any default by the Tenant in the performance of any of the covenants or agreements herein contained the Landlord shall have the right on thirty days notice in writing to the Tenant to terminate this lease or to re-enter and take possession of the said premises and all accrued rent shall immediately become due and payable. 22. Proviso for re-entry by the said Landlord on non-payment of rent or non- performance of covenants; 23. In the case of a seizure or forfeiture of the said term for any of the causes herein set forth, the Landlord shall have the same rt~lt of re-entry as is given under the next preceding proviso; 24. Notwithstanding anything herein contained the Landlord's right of re-entry . hereunder for non-payment of rent or non-performance of covenants shall become exercisable immediately upon default being made; 25. If the Tenant remains in occupation of the demised premises after the expiration of the term hereby granted without a written agreement to the contrary he shall not be deemed to be a tenant from year to year bu~ shall be a monthly tenant only, at a rental to be determined by the Landlord, that is not in excess of the fair market value of the property, payable in advance, and all ~he terms and conditions hereof, so far as applicable, shall apply to such monthly tenancy; 26. Any notice given to the Landlord by the Tenant shall be addressed to the Department of Public Works, Property Management Office, Brougham, Ontario, or such other place as the Landlord may in writing indicate, and any notice from the Landlord to the Tenant shall be addressed to the leased premises; 27. The Tenant covenants to comply with the laws of my competent authority, imcluding without restricting the generality of the foregoing, shy municipal by-laws which would apply to the premises if they were not owned by Her Majesty the Queen in Right of Canada. 28. It is agreed between the parties hereto that every corena,t, proviso a.d agree- ment herein contained shall enure to the benefit of the Tenant and the Tenant's successors and assigns and to the Landlord or Her successors or assigns and be binding upon the Tenant's agents, heirs, executors, administrators, assig.s and successors end the Landlord's successors or assigns and that ail covensuts herein contained shallbe construed as being joint end several, and that when the contest 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; ~9. The rights of the Landlord herein may be exercised by any official authorized by the Minister of Public Works; ~). No Member of the House of Commons shall be admitted to any share or part of this Agreement or to any benefit to arise therefrom; 5 31. If the Tenant shall at any time fail to pay rent as aforesaid, he shall become liable to pay interest on all such instalments of rent that he has failed to pay, calculated at the rate of 10% per annum from the time of such failure. Such interest shall be deemed to be part of the rent reserved in this lease, and the remedies available to the Landlord relating to rent herein and at law shall apply mutatis mutandis thereto; 32. The Tenant shall prepay to the Landlord a sum equal to one month's rent, which payment shall be applied in payment of rent for the last month under this lease, In the event that the rent under this lease is increased, the Tenant shall prepay to the Landlord at that time a sum equal to the difference between the new and the old rent so that the amount of prepaid rent shall at all times be equal to one month's current rent under this lease. 33. The Tenant covenants that, upon the Tenant abandoning or vacating the premises, or upon the expiration or other determination of this lease in any other manner, the Tenant shall forthwith remove from the premises, all equipment, vehicles, chattels, livestock, materials, effects and things, at any time brought or placed thereon by the Tenant, and shall also to the satisfaction of the Landlord, repair all and every damage and injury occasioned to the lands and premises of the Landlord by reason of such removal or otherwise caused during the term of the tenancy. The Tenant hereby agrees that if he fails to effect such removal forthwith, that the said equipment, vehicles, chattels, livestock, materials, effects and things shall be deemed abandoned and worthless, and that the Landlord may, in Her absolute and unfettered discretion immediately dispose of said chattels and things, in any manner She sees fit. The Tenant further agrees to indemnify the Landlord for all expenses incurred by Her, in effecting such removal, and in returning the premises to an ordinary state of cleanliness and good repair. 34. Provided that this lease may be terminated at any time by the Landlord if the said premises or any part thereof should be required at any time during the currency of this lease for any purpose, as determined by the Minister of Public Works by giving to the Tenant sixty days notice in writing signed by or on behalf of the Minister and either delivered to the Tenant on the premises or at any office of the Tenant, or mailed addressed to the last known place of business or office of the Tenant, at any of Her Majesty's Post Offices, IN WITNESS WIIEREOF the parties hereto have executed this lease by their duly authorized representatives, and the corporate seal of THE CORPORATION OF THE TOWN OF PICKERING has been affixed tu]der the hands of its authorized officers as of the date first above written. THE CORPORATION OF THE TOWN OF PICKERING per Date W. ARTHURS, Mayor per Date B. TAYLOR, Clerk HER MAJESTY TflE QUEEN IN RIGIIT OF CANADA as represented by TIlE MINISTER O~ I~UI~L1C WORKS BY: Date R. Alexander Project Site Manager New Toroato Airport Project Brougham, Ontario I)~l:e C. Fishleigh Manager, Finance & Adm~n~sl:ration New Toronto Airport Project BROCK ROAD ' ~ 'l' ~ :/~l°:l'~'~ll~'l '- ...... · .... ~ i ~ 0 Brock Rood '' . · ' ~ , ~ ~ ~ ' ,~ . SCHEDULE A DPW 1D. NU. 61&632-! COmmERCIAL LEASE THIS LEASE made in pursuance of the Short Forms of Leases Act BETWEEN: HER F~kJESTY THE QUEEN IN RIGHT OF CANADA, as represented by The Minister of Public Works, hereinafter referred to as the "Landlord" OF THE FIRST PART AND THE CORPORATION OF THE TOWN OF PiCKERING, Pickering Civic Complex, One The Esplanade, Picketing, Ontario, L1V 6K7, hereinafter referred to as the "Tenant" OF Tile SECOND PART WHEREAS the premises are part of lands expropriated by lief Majesty for the purpose of an airport; AND WHEREAS it is deemed expedient that the premises be leased for so long as they are not required for public purposes; WITNESSETM that in consideration of the rents, covenants and agreements hereinafter reserved and contained, the Landlord doth demise and lease unto the Tenant, all that meeanage or tenement being hereinafter referred to as the premises, situate on, lying in and being part of Lot 31, Concession 9 , Town of Pickering, Regional Municipality of Durham , Province of Ontario, comprising One (1) acres more or less, being more fully described in registered title instrument numbered 163000, and being outlined in red on the key plan attached hereto as Schedule "A", and including single-storey brick veneer building situated thereon; To have and to hold tile said premises for tile term of ONE (1) YEAR to be computed from the FIRST (lst) day of 3ULY 19 90 , and to be fully completed and ended on the THIRTIETH (30th) day of JUNE 1991 Yielding and paying thete£or during the said term unto the l.mud~ord, yenr]y rent in the sums hereinafter specfied, in equal monthly instalments within each year as follows: ONE (1) DOLLAR ($1.00) FOR THE TERM due and payable in advance ~a~n~imgon the First (lst) day of JULY 1990 , x~x~gx~x~astx~m~f~ex~xx~ ~x~x~axmxx~x~i~s~x~i~3)xx~xx~fxxxxxxxxxxxxxxlLgxxx% at the Department of Public Works, Property Management Office, Brougham, Ontario, or at such other place as the Landlord may in writing indicate; AND FURTHER PAYING AS ADDITIONAL RENT, the monies and other charges, costs and expenses herein provided to be paid by the Tenant. - 2 - THE SAID TENANT accepts the demised premises in their present condition, AND COVENANTS WITH THE SAID LANDLORD: 1. To pay rent and business taxes; and to pay all utility charges, including fuel for heating, hydro, water, hot water, sewage disposal and garbage removal, and all other operating and maintenance costs and expenses save only as hereinafter otherwise provided, and to supply proof thereof on demand; and the Tenant further covenants to empty the septic tank periodically, at his own expense; 2. The Tenant shall repair the premises at his own expense, reasonable wear and tear, and damage by fire, lightning and tempest only excepted; the said Landlord may in Her discretion repair reasonable wear and tear and damage by fire, lightning and tempest, provided that She may in Her discretion enter and view the state of repair; 3. The Tenant shall not carry on upon the said premises any business that may be deemed a nuisance; 4. The Tenant shall leave the premises in good repair, reasonable wear and tear, and damage by fire, lightning and tempest only, excepted; notwithstanding the generality of anything herein contained, the Tenant covenants to repair at his sole expense any damage to the premises caused by his wilful or negligent conduct or that of persons permitted by him to be on the premises; 5. The Tenant shall not assign or sublet notwithstanding any statutory enactment to the contrary, without the approval in writing of the Landlord, which approval may be withheld in the Landlord's sole discretion; 6. The Tenant shall not store or keep on the premises explosives or inflammable substances, except liquid fuels for domestic consumption or products reasonably kept or stored in connection with the Tenant's permitted lawful uses of the demised property; 7. The Tenant shall not do or permit to be done on the said premises anything which may be annoying to the Landlord, or which the Landlord may deem to be a nuisance, and that the Tenant shall use and occupy the said premises as a Community'Centre; 8. The Tenant shall insure the premises at his expense for public liability for an amount not less than $I,OOO,UO0.00 for each occurrence; and that the policy shall name }{er Majesty the Queen in Right of Canada as co-beneficiary; and that he shall promptly furnish to the Landlord copies of such policies and their renewal; and that he shall instruct his insurers to endorse all such policies to provide that in the event of any change in them which could affect the Landlord or in the event of their cancellation the insurer will give notice to the Landlord thirty (30) days prior.to the effective date of such change or cancellation; and the Tenant covenants that he shall indemnify and save harmless the Landlord from and against all claims, demands, losses, costs, damages, actions, suits or other proceedings, by whomsoever made, sustained, brought or prosecuted in any matter, based upon, occasioned by or attributable to any injury or damage arising or resulting from any act or omission of the Tenant, his servants, licensees, invttees, guests, students, contractors or agents in using or occupying the said demised lands and premises; and the Tenant covenants that he shall well end truly observe and fulfil all lawful provisions and requirements of statutes, reRul~ttons, by-laws, rules and orders relating to the said demised lands and premIses; 9. The Tenant shall not allow any ashes, refuse, garbage or other loose or objectionable materiel to accumulate in or about the hut. Jdtnp,, yards, drlvrwnyn, or passages of the amid premises, and shall at ell times keep tile auld prem[~e~ in clean and who~e8o~ condition~ and 8ha~l~ imbricately be[ore the termination o~ the term hereby grant~d~ w~sh the [~oore~ windows and wood~ork o[ the said pre~aes~ and that he eha~l keep the sidewalks and driveways ~n ~ront ond at the 8ides ag the amid premises ~ree o~ eno~ and ~ce~ ~0, ~ the term hereby granted ac the goods and chattels of the Tenant or ~ny assignee or ~ub-tenant 8ha~ be at any ~ime seized or taken in execution or attachmenC~ or i~ the ~enant or any such a~s~gnee or eub-tenan~ ~ha~ ~ke an assignment Jar the benefit o~ creditor~ or sha~l become bankrupt or ~nso~vent~ or make ~ proposal its cred~tors~ or without the consent ag the Land~ord being ~ir~t obtained in writing~ shai~ make a 8a~e~ under the Bu~k Sa~ee Act, in re,pert of ~oods on the premiees~ or being · company sh~l~ become subject to any leg~slative enactment relating to ~iquidation or winding up~ either voluntary or compu~sory~ the said term sha~l ~ediateiy become gorfeited and void~ and an amount equiva~ent to the next ensuing three months~ rent sha~ be at once due and payable; ~. ~n consideration of the ~oregoing and o[ the leasing ~nd letting by the Land~ord to the Tenant o~ the premises hereby de~sed~ the Tenant hereby covennnts and agrees with the Landlord that notwithstanding any statute or law to ~he contrary~ none of the goods or chattels of the Tenant on the said premises at any time during the continuance of the te~ hereof shall be exempt from levy by distress for rent in arreare by the Tenant and that upon any clmtm being made for such exemption by the Tenant, or on distress being ~de by the Landlord, thin covenant and agree~nt ~y be pleaded as ~ estoppel against the Tenant in any brought to temt th~ right to the le~ng upon any such goods mm are named as exempted in any much statute or law, the Tenant waiving, as he hereby does, and eve~ benefit that could or might have accrued to him under and by virtue of any ~uch mtatute or law but for the above covenant; 12. THE SAID L~DEORD COVEN~TS WITII TIlE SAID TENET for quiet enJoymeut, while th~s lease i~ in good standin~ and not re.hated by the Landlord or otherwise by terms; provided that the Landlord shall not be liable t0 supply water if the existing ~upply i~ or become~ inadequate; 13. TH~ ~NDLO~ covenant~ and agrees to pay real property taxes attributable by Her to the de.Bed pre~es; 14. THE TENET covenants and agrees to and with the Landlord that if there be an increase in real property taxes attributed by the Landlord as being payable by the Landlord in respect of the de.sad pre~ses, the Tenant shall pay such increase tn full upon being notified thereof, with the next doe monthly rental pay~nt and such increase in real property taxes shall be deemed to be part of the rent reserved in ~his Lease and the ~emedies'available to the Landlord relating to rent herein mhd at law shall apply mutatis mutandis thereto; 15. The Tenant hereby acknowledges that he has received the keys of the said premises, which he agreem to tatum upon quitting the said premises; 16. A~y alteratious, add~tious or improvements of the Teumnt are subject to the prior approval of the Landlord in writing mud must be made by m q~altfied contractor who is acceptable to the Landlord, entirely at the Tenant's expense PROVIDED that alterations, additions and ~mprovements to heating, air conditioning, plumbing, roof and bearing wall~ are prohibited unless the Landlord gives specific written cen~ent; 17. The Tenant may remove his fixtures if all the rent due hereunder has been paid and ~ueh'ren~val can be made without injury or damage to the property that ~annot be compensated by the Tenant tn money; and provided the Tenant covenants he ~hall be rempon8ible for prompt restoration or compensation to the mmtisfact~on of tee Landlord; 18. In the event of the destruction or partial destruction of the said premises by fire, 1Lshtnin8, tempest, or otherwise, the Landlord may, in its sole discretion, declare the term hereby 8ranted to be forthwith terminated, end in such event rent shall be payable up to the time of such destruction or partial deatructionl -4- 19. During the last two months of the tenancy hereby granted, the Tenant shall allow prospective tenants to be admLtted to view the enid i)re,llflc, m mt renm.n:~l, le hours any day except Sunday on producing a wriCten order to that effect signed by the Landlord or hia agent; 20. The Landlord shall have the privilege at all reasonable times during the term hereby granted or any extension thereof, by tter agents, servants, contractors and workmen with requisite vehicles and equipment, to enter on the lands for the purpose of making surveys, soil tests, laying roa~s, erecting structures and removing obstructions, upon 10 days notice to the"Tenant; tile parties covenant that such entry for a limited purpose or purposes shall not terminate the leaae, nor result in the abatement of rent; provided that if such entry becomes permanent and results in the reduction of the area of tile leased premises, an appropriate adjustment of rental shall be negotiated by tile Parties; It ie hereby understood and agreed that all chattels and Tenant's fixtures on the premises at any time shall be liable to distress for rent in arrears, and that all statutory provisions now or hereafter in force relating to exemptions from distress are hereby waived. In the event of any default by the Tenant in the performance of any of the covenants or agreements herein contained the Landlord shall have the right on thirty days notice in writing to tile Tenant to terminate this 'lease or to re-enter and take possession of tile said premises and all accrued rent shall immediately become due and payable. 22. Proviso for re-entry by the said Landlord on non-payment of rent or non- performance of covenants; 23. In the case of a seizure or forfeiture of the said term for any of the causes herein set forth, tile Landlord shall have the same right of re-entry as is given under the next preceding proviso; 24. Notwithstanding anything herein contained the Landlord's right of re-entry hereunder for non-payment of rent or non-performance of covenants shall become exercisable immediately upon default being made; 25. If the Tenant remains in occupation of the demised premises after the expiration of the term hereby granted without a written agreement to tile contrary he shall not be deemed to be a tenant from year to year but shall be a monthly tenant only, at a rental to be determined by the Landlord, that is not in excess of the fair market value of the property, payable in advance, and all the terms and conditions hereof, so far as applicable, shall apply to such monthly tenancy; 26. Any notice given to the Landlord by the Tenant shall be addressed to the Department of Public Works, Property Management Office, Brougham, Ontario, or such other place as the Landlord may in writing indicate, and any notice from the Landlord to the Tenant shall be addressed to the leased premises; 27. The Tenant covenants to comply with the laws of my competent authority, ~ncluding without restricting tile generality of the foregoing, any municipal by-laws which would apply to the premises if they were not owned by tier Majesty the Queen in Right of Canada. 28. It is agreed between tile parties hereto that every covenant, proviso and agree- ment herein contained shall enure to the benefit of the Tenant and the Tenant's successors and assigns and to the Landlord or Her successors or assigns and be binding upon the Tenant's agents, heirs, executors, administrators, assigns and successors and the Landlord's successors or assigns and that all covenants herein contained shall be construed as being joint and several, and that when the contest 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; 29, The rights of the Landlord herein may be exercised by any official authorized by the Minister of Public Works; 30. No Member of the House of Commons shall be admitted to any share or part of this Asreement or to any benefit to ariae therefrom; 31, If the Tenant shall at any time fail to pay rent as aforesaid, he shall become liable to pay interest on all such instalments of rent that he has failed to pay, calculated at the rate of 10% per annum from the time of such failure. Such interest shall be deemed to be part of the rent reserved in this lease, and the reu~dies available to the Landlord relating to rent herein and at law shall apply mutatis mutandis thereto; 32. The Tenant shall prepay to the Landlord a sum equal to one month's rent, which payment shall be applied in payment of rent for the last month under thin lease. In the event that the rent under this lease is increased, the Tenant shall prepay to the Landlord at that time a sum equal to the difference between the new and the old rent so that the amount of prepaid rent shall at all times be equal to one month's current rent under this lease. 33. The Tenant covenants that, upon the Tenant abandoning or vacating the premises, or upon the expiration or other determination of this lease in any other manner, the Tenant shall forthwith remove from the premises, all equipment, vehicles, chattels, livestock, materials, effects and things, at any time brought or placed thereon by the Tenant, and shall also to the satisfaction of the Landlord, repair all and every damage and injury occasioned to the lands and premises of the Landlord by reason of such removal or otherwise caused during the term of the tenancy. The Tenant hereby agrees that if he fails to effect such removal forthwith, that the said equipment, vehicles, chattels, livestock, materials, effects and things shall be deemed abandoned and worthless, and that the Landlord may, in Iler absolute and unfettered discretion immediately dispose of said chattels and things, in any manner She sees fit. The Tenant further agrees to indemnify the Landlord for all expenses incurred by Her, in effecting such removal, and in returning the premises to an ordinary state of cleanliness and good repair. 34. Provided that this lease may be terminated at any time by the Landlord if the said premises or any part thereof should be required at any time during the currency of this lease for any purpose, as determined by the Minister of Public Works by giving to the Tenant sixty days notice in writing signed by or on behalf of the Minister and either delivered to the Tenant on the premises or at any office of the Tenant, or mailed addressed to the last known place of business or office of the Tenant, at any of Her Majesty's Post Offices. IN WITNESS WHEREOF the parties hereto have executed this lease by their duly authorized representatives, and the corporate seal of THE CORPORATION OF THE TOWN OF PICKERING has been affixed under the hands of its authorized officers as of the date first above written, THE CORPORATION OF THE TOWN OF PICKERING pe~ Date W. ARTHURS, Mayor per Date B. TAYLOR, Clerk tIER MAJESTY TIlE QUEEN IN RIGIIT OF CANADA as represented by TIlE MINISTER OF PUBLIC WORKS BY: Date R. Alexander Project Site Manager New Torouto Airport Project Brougha~n, Ontario BY: Date C. Fishleigh Manager, Finance & Administration New Toronto Airport Project .,. , ~ ',T'. ,, " O' '. 630 ' ' 611 6'28 · " . ...... 595 ................ 627 641 ............... I ~ ..... · ,..,-'~o~ ...... 6~ ....... 62~-~- ..... go8 ........ ' 6~6 .~ TT~'~'-'-'-" 6~ - '6~o ~" ~A .~. . .... ~)~ 6)i ....... " ..... . ..... 504 496 '. 494 -" 527 503 492 ...... 495 ' ...... . .~ -- ......... 4fl7 ..... 480 ~ 501 4~7 ..... ., .. · ~~ , . ...... ~~J ' 489 500 ..... ~ 484 j ~ .... 506 ' "'- '""~ 408, _/~'-- 498 ,4~[ ........... :.~ · DPW iD. NO. 614658-1 SCHEDULE B COb~ERCIAL LEASE THIS LEASE made in pursuance of the Short Forms of Leases Act BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF CANADA, aa represented by The Minister of Public Works, hereinafter referred to as the "Landlord" OF THE FIRST PART ANB THE CORPORATION OF THE TOWN OF PiCKERING, Pickering Civic Complex, One The Esplanade, Pickering. Ontario, Li¥ 6K7, hereinafter referred to as the "Tenant" OF THE SECOND PART WHEREAS the premises are part of lands expropriated by Her Majesty for the purpose of an airport; AND WHEREAS it is deemed expedient that the premises be leased for so long as they are not required for public purposes; WITNESSETH that in consideration of the rents, covenants m~d agreements hereinafter reserved and contained, the Landlord doth demise and lease unto the Tenant, all that messuage or tenement being hereinafter referred to as the premises, situate on, lying in and being part of Lot 18, Concession 5 , Town of Picketing, Regional Municipality of Durham , Province of Ontario, comprising .141 acres more or less, being more fully described in registered title instrument numbered 10107, and being outlined in red on the key plan attached hereto as Schedule "A", and including one-storey frame building and frame storage shed situated thereon; To have and to hold the said premises for tile term of ONE (1) YEAR to be computed from the FIRST (lst) day of JULY 19 90 , and to be fully completed and ended on the THIRTIETH (30th) day of JUNE 1~91 Yielding and paying therefor during the said term unto the Ln~dlord, yearly rent in the sums hereinafter specfied, in equal monthly instalments within each year as follows: ONE (1) DOLLAR ($1.00) FOR THE TERM due and payable in advance m~J~x~l%~4~x~x~a~x~x~.~:lK~~xm~m~hx, u~u~ng~on the Ftrs~ (ist) day of JULY 1990 , m~xx~mxtastx~m~m~xx~f t~x~xkaxmxmba~x~x~x~m~_~xx~xx~fxxxxxxxxxxxxxx~L~xxx~ at the Department of Public Works, Property Management Office, Brougham, Ontario, or at such other place as the Landlord may in writing indicate; ~D FURTHER PAYING AS ~DITION~ ~NT, the monies and other charges, costs and expenses herein provided to be paid by ~he Tenant. - 2- THE SAID TENANT accepts the demised premises in their present condition, AND COVENANTS WITH THE SAID LANDLORD: 1. To pay rent and business taxes; and to pay all utility charges, including fuel for heating, hydro, water, hot water, sewage disposal and garbage removal, and all other operating and maintenance costs and expenses save only as hereinafter otherwise provided, and to supply proof thereof on demand; and the Tenant further covenants to empty the septic tank periodically, at his own expense; 2. The Tenant shall repair the premises at his own expense, reasonable wear and tear, and damage by fire, lightning and tempest only excepted; the said Landlord may in Her discretion repair reasonable wear and tear and damage by fire, lightning and tempest, provided that She may in Her discretion enter and view the state of repair; 3. The Tenant shall not carry on upon the said premises any business that may be deemed a nuisance; 4. /~le Tenant shall leave the premises in good repair, reasonable wear and tear, and damage by fire~ lightning and tempest only, excepted; notwithstanding the generality of anything herein contained, the Tenant covenants to repair at his sole expense any damage to the prentises caused by his wilful or negligent conduct er that of persons permitted by him to he on the premises; 5. The Tenant shall not assign or sublet notwithstanding any statutory enactment to the contrary, without the approval in writing of the Landlord, which approval u~y be withheld in the Landlord's sole discretion; 6. The Tenant shall not store or keep on the premises explosives or inflammable substances~ except liquid fuels for domestic consumption or products reasonably kept or stored in connection with the Tenant's permitted lawful uses of the demised property; 7. The Tenant shall not do or permit to be done on the said premises anything which may be annoying to the Landlord, or which the Landlord may deem to be a nuisance, and that the Tenant shall use and occupy the said premises as a Community Centre; 8. The Tenant shall insure the premises at his expense for public l~abi]ity for an amount uot less than $1,0OO,000.00 for each occurreuce; aud that Lbe policy shall name Her Majesty the Queen in Right of Canada as co-beneficiary; and that he shall promptly furnish to the Landlord copies of such policies and their renewal; end that he shall instruct his insurers to endorse all such policies to provide that in the event of any change in them which could affect the Landlord or in the event of their cancellation the insurer will give notice to the Landlord thirty (30) days prior.to the effective date of such cha"ge or cancellation; and the Tenant covenants that he shall indemnify and save harmless the Landlord from and against all claims, demands, losses, costs, damages, actions, suits or other proceedings, by whomsoever made, sustained, brought or prosecuted in any matter, based upon, occasioned by or attributable to any injury or damage arising or resulting from any act or omission of the Tenant, his servants, licensees, invitees, guests, students, contractors or agents in usin8 or occupying the said demised lands and premises; and the Tenant covenants that he shall well and truly observe and fulfil all lawful provisions end requirements of statutes, regulations, by-laws, rules and orders relating to the said demised lands and premises; - 3- 9. The Tenant shall not allow any ashes, refuse, garbage or other loose or objectionable mnterial to accumulate in or about the but. ldtup., ynrdn, drlvewnyn, or passages of the said premtees, and shall at ell times keel, the ~a{d prcmL~es ~n clean and vholeso~ condition, and sha~l, ~d~atel~ be~ore ~he termination of the term hereby gran~d, wash the Eloors, v~ndovs ~nd ~ood~o;k o[ the sa~d pre~ses; and that he shal~ keep the s~dewalks and driveways ~n front and at the s~des o~ the ea~d premises free oE sno~ and ~ce; 10. XE the term hereby granted or the good~ and chattels of the Tenant or any assignee or sub-tenant 8ha~l be at any t~me seized or taken ~n execution or attachment, or ~E the Tenan~ or any such assignee or eub-~enant shall ~ke an assignment for the benefit oE creditors or shal~ become bankrupt or ~nsolvent, or make a proposal to ~ts creditors, or w~thout the consent of the Landlord being E~rst obtained ~n ~riting, shall make a aais, under the Bulk Sales Act, in respect of goods oat the premises, or bein~ a company shall beco~ subJec~ to any legisia~ive enactment relating to liquidation or winding up, either voluntary or compulsory, the said term shall i~ediately become for~eiced and void, and an amount equivalent to the next ensuing three months' gent shall be at once due and payable; 1~. In consideration of the foregoing and of ~he leasing and letting by the Landlord to the Tenant of the premises hereby de~sed, the Tenant hereby covennnCs and agrees ~ith the Landlord tl~at not~ithstandinE any statute or 1aw to tbs contrary, none o~ ~he goods or chattels of the Tenan~ on tbs said premises at any time during the continuance of the te~ hereof shall be exemp~ from levy by dis~ress for rent in arrears by the Tenant and that upon any claim being made for such exemption by the Tenant, or on dis~ress being ~de by tbs Landlord, this covenant and agree~nt ~y be pleaded as ~ estoppel against the Tenan~ in any action b~ought to test the right to the feting upon any such goods as ~re named as exempted in any such statute or law, the Tenant wsiving, as he hereby does, all and ~ve~ benefit ~ha~ could or migh~ have accroed to him under amd by virtue ~f amy much m~at~ or law bu~ for the above eovenan~ 1~. THg SAID L~D~RD COVEN~TS WITH THE SAID TENET for quiet emJoyme~t, while this lea~ i~ in good ~tanding and no~ te~na~ed by the Landlord or otherwise by it~ ter~; provided tha~ the Landlord shall no~ be liable to sopply water if the extstin~ supply ts or becomes Inadequate; 13. T~ ~NDLO~ covenants and aa;ess to pay ;esl p;opet~y taxes attributable by Her to the de~sed pte~ses; ~. THE TENET covenants and a;rees to and with the Landlord tha~ if there be ;n increase in real property taxes attributed by the Landlord as bain; pay;bls by the Landlord in respect of the deemed p;e~ses, the Tenant shall pay such increase in full upon bain; notified thereof, w~th the next due monthly rental pay~nt and such inc[ease tn real property taxes shall be deemed to be part of the rent reserved in thin Lease and the ~emedtes'available ~o the Landlord relating to rent herein and at law shall apply mutatis mutandts thereto; 15. The Tenam~ hereby acknowledges that he has received the keys of the said premises, which he agreen to return upon quitting the said premises; 16. Any alterations, additions or improvements of the Ten~;tt are s.bJect to the prior approval of the Landlord tn writing and must be made by a quail[led contractor who is acceptable to the Landlord, entirely at the Tenant's expense PROVIDED that alterations, ;dditions and improvements to heating, air conditioning, plun~in;, roof and bearing walls are prohibited unless the Landlord gives specific written consen~; 17. The Tenant may remove his f~xtures if all the rent due hereunder hms been paid and ;uch~tenoval can be ~de without injury or damage to the property that canno~ be compennated by the Tenan~ ~n money; and provided the Tenant covenants he ehall be responsible for prompt restoration or compensation to the sa~izfaction of the Landlord; 18. In the event of the destruction or partial destruction of the said premises by fire, lishtnins, tempest, or otherwise, the L~ndlord may, in its sole discretion, declare the term hereby 8rented to be forthwith terminated, end in such event rent shall be payable up to the time of such deatructioa or partial destructionl - 4- During the last two months of the tenancy hereby granted, the Tenant shall allow prospective tcnnnta to be admitted to vlew the mn'id proml.¢m at hours any day except Sunday on producing a written order to that effect signed by the Landlord or his agent; 20. The Landlord shall have the privilege at all reasonable times during the term hereby granted or any extension thereof, by Ilar agents, servants, contractors and workmen with requisite vehicles and equipment, to enter on the lands for the purpose of making surveys, soil tests, laying roads, erecting structures and removing obstructions, upon 10 days notice to the Tenant; the parties covenant that such entry for a limited purpose or purposes shall not terminate the lease, nor result in the abatement of rent; provided that if such entry becomes permanent and results in the reduction of the area of the leased premises, an appropriate adjustment of rental shall be negotiated by the Parties; It is hereby understood and agreed that all chattels and Tenant's fixtures on the premises at any time shall be liable to distress for rent in arrears, and that all statutory provisions now or hereafter in force relating to exemptions from distress are hereby waived. In the event of any default by the Tenant in the performance of any of the covenants or agreements herein contained the Landlord shall have the right on thirty days notice in writing to the Tenant to terminate this lease or to re-enter and take possession of the said premises and all accrued rent shall immediately become due and payable. 22. Proviso for re-entry by the said Landlord on non-payment of rent or non- performance of covenants; 23. In the case of a seizure or forfeiture of the said term for any of the causes herein met forth, tl~e Landlord shall have the same right of re-entry as is given under the next preceding proviso; 24. Notwithstanding anything herein contained the Landlord's right of re-entry hereunder for non-payment of rent or non-performance of covenants shall become exercisable immediately upon default being made; 25. If the Tenant remains in occupation of the demised premises after the expiration of the term hereby granted without a written agreement to the contrary he shall not be deemed to be a tenant from year to year but shall be a monthly tenant only, at a rental to be determined by the Landlord, that is not in excess of the fair market value of the property, payable in advance, and all the terms and conditions hereof, so far aa applicable, shall apply to such monthly tenancy; 26. Any notice given to the bandlord by the Tenant shall be addressed to the Department of Public Works, Property Management Office, Brougham, Ontario, or such other place as the Landlord may in writing indicate, and any notice from the Landlord to the Tenant shall be addressed to the leased premises; 27. The Tenant covenants to comply with the laws of my competent authority, including without restricting the generality of the foregoi,g, euy municipal by-laws which would apply to the premises if they were not owned by Her Majesty the Queen in Right of Canada. 28. It is agreed between the parties hereto that every coveuant, proviso aud agree- ment herein contained shall enure to the benefit of the Tenant and the Tenant's successors and assigns and to the Landlord or Her successors or assigns and be binding upon the Tenant's agents, heirs, executors, administrators, assigns and successors and the Landlord's successors or assigns and that all covenauts herein contained shall be construed as being joint and several, and that when the contest 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; 29. The rights of the Landlord herein may be exercised by any official authorized by the Minister of Public Works; 30. No Member of the House of Commons shall be admitted to any share or part of this Agreement or to any benefit to arise therefrom; -5- 31. If the Tenant shall at any time fail to pay rent as aforesaid, he shall become liable to pay interest on all such instalments of rent that he has failed to pay, calculated at the rate of 10% per annum from the time of such failure. Such interest shall be deemed to be part of the rent reserved in this lease, and the remedies available to the Landlord relating to rent herein and at law shall apply mutatis mutandis thereto; 32. The Tenant shall prepay to the Landlord a sum equal to one month's rent, which payment shall be applied in payment of rent for the last month under this lease. In the event that the rent under this lease is increased, the Tenant shall prepay to the Landlord at that time a sum equal to the difference between the new and the old rent so that the amount of prepaid rent shall at all times be equal to one month's current rent under this lease. 33. The Tenant covenants that, upon the Tenant abandoning or vacating the premises, or upon the expiration or other determination of this lease in any other manner, the Tenant shall forthwith remove from the premises, all equipment, vehicles, chattels, livestock, materials, effects and things, at any time brought or placed thereon by the Tenant, and shall also to the satisfaction of'the Landlord, repair all and every damage and injury occasioned to the lands and premises of the Landlord by reason of such removal or otherwise caused during the term of the tenancy. The Tenant hereby agrees that if he fails to effect such removal forthwith, that the said equipment, vehicles, chattels, livestock, materials, effects and things shall be deemed abandoned and worthless, and that the Landlord may, in lief absolute and unfettered discretion immediately dispose of said chattels and things, in any manner She sees fit. The Tenant further agrees to indemnify the Landlord for all expenses incurred by Her, in effecting such removal, and in returning the premises to an ordinary state of cleanliness and good repair. 34. Provided that this lease may be terminated at any time by the Landlord if the said premises or any part thereof should be required at any time during the currency of this lease for any purpose, as determined by the Minister of Public Works by giving to the Tenant sixty days notice in writing signed by or on behalf of the Minister and either delivered to the Tenant on the premises or at any office of the Tenant, or mailed addressed to the last known place of business or office of the Tenant, at any of Her Majesty's Post Offices. IN WITNESS WIIEREOF the parties hereto have executed this lease by their duly authorized representatives, and the corporate seal of THE CORPORATION OF THE TOWN OF PICKERING has been affixed under the hands of its authorized officers as of the date first ubove written. THE CORPORATION OF THE TOWN OF PICKERING per Date W. ARTHURS, Mayor per Date B. TAYLOR. Clerk HER MAJESTY THE QUEEN IN RIGHT OF CANADA as represented by THE MINISTER OF PUBLIC WORKS BY: Date R. Alexander Project Site Manager New Toronto A£rport Project Brougham, Ontario BY: Dnte_ C. Fishleigh Manager, Finance & Administration New Toronto Airport Project DI'W iU. NO. 614201-1 SCHEDULE C COmmERCIAL LEASE THIS LEASE made in pursuance of the Short Forms of Leases Act BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by The Minister of Public Works, hereinafter referred to as the "Landlord" OF TIlE PIRST PART AND THE CORPORATION OF THE TOWN OF PiCKERING, Pickering Civic Complex, One The Esplanade, Pickering, Ontario, LIV 6K7, hereinafter referred to as the "Tenant" OF TIlE SECOND PART WHEREAS the premises are part of lands expropriated by lief HaJesty for the purpose of an airport; AND WHEREAS it is deemed expedient that ti~e premises be leased for so long as they are not required for public purposes; WITNESSETH that in consideration of the rents, covenants and agreements hereinafter reserved and contained, the Landlord doth demise and lease unto'the Tenant, ali that messuage or tenement being hereinafter referred to as the premises, situate on, lying in and being part of Lot 18, Concession 6 , Town of Pickering. Regional Municipality of Durham , Province of Ontario, comprising 3.13 acres more or less, being more fully described in registered title instrument numbered 40368 and being outlined in red on the key plan attached hereto as Schedule "A", and including frame 1-storey sports equipment shed, and known as Don Beer Memorial Park; To have and to hold the said premises for the term of ONE (1) YEAR to be computed from the FIRST (lst) day of JULY 19 90 , and to be fully completed and ended on the THIRTIETH (30th) day of JUNE 1991 Yielding and paying therefor during the said term unto the ba.dlord, yearly rent in the sums hereinafter specfied, in equal monthly instalments within each year as follows: ONE (1) DOLLAR .($1.00) FOR THE TERM due and payable in advance ~u,~ea~mg on the First (lst) day of JULY 1990 , ~x~x~~~x~B~x~xxxxxxxxxxxxx~xx% ~t the Department of Public Works, Property Management Office, Brougham, Ontario, or at such other place as the Landlord may in writing indicate; ~D FURTHER PAYING AS ~DITION~ ~NT, the monies and other charges, costs and expenses herein provided to be paid by the Tenant. 2 THE SAID TENANT accepts the demised premises in their present condition, AND COVENANTS WITH THE SAID LANDLORD: 1. ~o pay rent and business taxes; and to pay all utility charges, including fuel for heating, hydro, water, hot water, sewage disposal and garbage removal, and all other operating and maintenance costs and expenses save only as hereinafter otherwise provided, and to supply proof thereof on demand; and the Tenant further covenants to empty the septic tank periodically, at his own expense; 2. The Tenant shall repair the premises at his own expense, reasonable wear and tear, and damage by fire, lightning and tempest only excepted; the said Landlord may in Her discretion repair reasonable wear and tear and damage by fire, lightning and tempest, provided that She may in Her discretion enter and view the state of repair; 3. The Tenant shall not carry on upon the said premises any business that may be deemed a nuisance; 4. The Tenant shall leave the premises in good repair, reasonable wear and tear, amd damage by fire, lightning and tempest only, excepted; notwithstanding the generality of anything herein contained, the Tenant covenants to repair at his sole expense any damage to the premises caused by his wilful or negligent conduct or that of persons permitted by him to be on the premises; 5. The Tenant shall not assign or sublet notwithstanding any statutory enactment to the contrary, without the approval in writing of the Landlord, which approval may be withheld tn the Landlord's sole discretion; 6. The Tenant shall not store or keep on the premises explosives or inflammable substances, except liquid fuels for domestic consumption or products reasonably kept or stored in connection with the Tenant's permitted lawful uses of the demised property; 7. The Tenant shall not do or permit to be done on the said premises anything which may be annoying to the Landlord, or which the Landlord may deem to be a nuisance, and that the Tenant shall use and occupy the said premises as a public playground only; 8. The Tenant shall insure the premises at his expense for public lJsb]]}ty for an amount not less than $l,00O,000.O0 for each occurrence; and that the policy shall name Her Majesty the Queen in Right of Canada as co-beneficiary; and that he shall promptly furnish to the Landlord copies of such policies and their renewal; and that he shall instruct his insurers to endorse all such policies to provide that in the event of any change in them which could affect the Landlord or in the event of their cancellation the insurer will give notice to the Landlord thirty (30) days prior.to the effective date of such change or cancellation; and the Tenant covenants that he shall indemnify and save harmless the Landlord from and against all claims, demands, losses, costs, damages, actions, suits or other proceedings, by whomsoever made, sustained, brought or prosecuted in any matter, bssed upon, occasioned by or attributable to say injury or damage arising or resulting from any sct or omission of the Tenant, his servants, licensees, invitees, guests, students, contractors or agents in using or occupying the said demised lands and premises; and the Tenant covenants thst he shall well and truly observe and fulfil all lawful provisions end requirements of statutes, reguletions, by-laws, rules and orders relating to the said demised lands and premises; - 3- 9. The Tenant shall not allow any ashes, refuse, Rarbage o~ other loo.~e or objectionable material to accumulate itt or about the b ul. Jdl.nR, ynrd~q, d rlv.wny~, or pasaoBes oE the said premieea~ and shall at all :Jmes keeI) the n~i<l preml, nes in clean and wholeso~ condition, and shall, im~diately before the termination of the term hereby grantpd, wash the floors, windows and woodwork of tl~e said pre~ses~ and that he shall keep the sidewalks and driveways in front and at the sides of the said premises f~ee of snow a~d ice~ 10. If the term hereby granted or the goods and chattels of the Tenant or any assignee or sub-tenant shall be at any time seized or taken fn execution or attachment, or if the Tenant or any such assignee or sub-tenant shall ~ke an assignment for the benefit of creditors or shall become bankrupt or insolvent, or make a proposal to its creditors, or without the consent of the Landlord being first obtained in writing, shall make a sale, under the Bulk Sales Act, in respect of goods on the premises, or being a company shall beco~ subject to any legislative enactment relating to liqufdatio, or winding up, either voluntary or compulsory, the said term shall i~ediately become forfeited and void, and an amount equivalent to the next ensuing three months' rent shall be at once due and payable; 11. In co~sideration of the foregoing and of the leasin~ and letting by the Landlord to the Tenant of the premises hereby de~sed, the Tenant hereby covennnts and agrees with the Landlord that notwithatandin8 any statute or law to the contrary, none of the goods or chattels of the Tenant on the said premises at any time during the continuance of the te~ hereof shall be exempt from levy by distress for rent in arrears by the Tenant and that upon any claim being made for such exemption by the Tenant, or on distress being ~de by the Landlord, this covenant and agreement ~y be pleaded as ~ estoppel against the Tenant in any action brought to test the right to the le~in8 upon any such goods as ~re named as exempted in any such statute or law, the Tenant waiving, as he hereby does, all and eve~ benefit that could or might have accrued to him under and by virtue of any such statute or law but for the above covenantI 12. TUE SAID L~DLORD COVEN~TS WITil TIlE SAID TENET for quiet e. Jnymo.t, while this lease is i~ good 8taadin8 and .or ter~nated by the Landlord or otherwise by its ter~; provided that the Landlord shall not be liable to supply water if the existing supply ia or becomes inadequate l 13. T~ ~DLO~ covenants and agrees to pay real property taxes attributable by Her to the de.sad pre.seal 14. THE TENET covenants and agrees to and with the Landlord that if there be an increase in reel property taxes attributed by the Landlord as bainE payable by the Landlord in respect of the de.sad pre~ses, the Tenant shall pay such increase in full upon being notified thereof, with the next due ~nthly rental pay~nt and such increase in real property taxes shall be deemed to be part of the rent reserved in this Lease and the remedies'available to the Landlord relating to rent herein and at law shall apply mutatis mutandis thereto~ 15. The Tenant hereby acknowledges that he has received the keys of the said premises, which he agrees to retu~ upon quitting the said premises~ 16. Any alterations, additions or improvements of the Tenant are subject ~o the prior approval of the Landlord in writing and must be made by a qualified contractor who is acceptable to the Landlord, entirely at the Tenant's expense PROVIDED that alterations, additions and improvements to heating, air conditioning, plun~inE, roof and bearing wails are prohibited unless the Landlord gives specific written consent ~ 17. ~e Tenant may remove hfs fixtures if all the rent due hereunder h~s been paid and such 'ren~val can be made without injury or damage to the property that cannot be compensated by the Tenant in moneyI and provided the Tenant covenants he shall be responsible for prompt restoration or compensation to the satisfaction of the Landlord$ 18. In the event of the destruction or partial destruction of the said premises by fire, lightning, tempest, or otherwise, the Landlord may, tn its sole discretion, declare the term hereby 8ranted to be forthwith terminsted, and in such event rent shall be payable up to the time of such destruction or partial deatructionl 19. During the last two months of the tenancy hereby granted, the Tenant shall allow prospective tenants to be adm£tted to view the smtd premieres at reamo.ahle hours any day except Sunday on producing a written order to that effect signed by the Landlord or bis agent; 20. The Landlord shall have the privilege at all reasonable times during the term hereby granted or any extension thereof, by Her agents, servants, contractors and workmen with requisite vehicles and equipment, to enter on the lands for the purpose of making surveys, soil tests, laying roads, erecting structures and removing obstructions, upon 10 days notice to the Tenant; the parties covenant that such entry for a limited purpose or purposes shall not terminate the lease, nor result in the abatement of rent; provided that if such entry becomes permanent and results in the reduction of the area of the leased premises, an appropriate adjustment of rental shall be negotiated by the Parties; 2.1~ It is hereby understood and agreed that all chattels and Tenant's fixtures on the premises at any time shall be liable to distress for rent in arrears, and that all statutory provisions now or hereafter in force relating to exemptions from distress are hereby waived. In the event of any default by the Tenant in the performance of any of the covenants or agreements herein contained the Landlord shall have the right on thirty days notice in writing to the Tenant to terminate this lease or to re-enter and take possession of the said premises and all accrued rent shall immediately become due and payable. 22. Proviso for re-entry by the said Landlord on non-payment of rent or non- performance of covenants; 23. In the case of a seizure or forfeiture of the said term for any of the causes herein set forth, the Landlord shall have the same right of re-entry as is given under the next preceding proviso; 24. Notwithstanding anything herein contained the Landlord's ri~%t of re-entry hereunder for non-payment of rent or non-performance of covenants shall become exercisable immediately upon default being made; 25. If the Tenant remains in occupation of the demised premises after the expiration of the term hereby granted without a written agreement to the contrary he shall not be deemed to be a tenant from year to year but shall be a monthly tenant only, at a rental to be determined by the Landlord, that is not in excess of the fair market value of the property, payable in advance, and all the terms and conditions hereof, so far as applicable, shall apply to such monthly' tenancy; 26. Any notice given to the Landlord by the Tenant shall be addressed to the Department of Public Works, Property Management Office, Brougham, Ontario, or such other place as the Landlord may in writing indicate, and any notice from the Landlord to the Tenant shall be addressed to the leased premises; 27. The Tenant covenants to comply with the laws of my competent authority, including without restricting the generality of the foregoing, amy municipal by-laws which would apply to the premises if they were not owned by Her Majesty the Queen in Right of Canada. 28. It is agreed between the parties hereto that every covenant, proviso and agree- ment herein contained shall enure to the benefit of the Tenant and the Tenant's successors and assigns and to the Landlord or Her successors or assigns and be binding upon the Tenant's agents, heirs, executors, administrators, assigns and successors and the Landlord's successors or assigns a~d that all covenants herein contained shall be construed as being joint and several, and that when the contest 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; 29. The rights of the Landlord herein may be exercised by any official authorized by the Minister of Public Works; 30. No Member of the House of Commons shall be admitted to any share or part of this Agreement or to any benefit to arise therefrom; -5- 31. If the Tenant shall at any time fail to pay rent as aforesaid, he shall become liable to pay interest on all such instalments of rent that he has failed to pay, calculated at the rate of 10% per annum from the time of such failure. Such interest shall be deemed to be part of the rent reserved in this lease, and the remedies available to the Landlord relating to rent herein and at law shall apply mutatis mutandis thereto; 32. The Tenant shall prepay to the Landlord a sum equal to one month's rent, which payment shall be applied in payment of rent for the last month under this lease. In the event that the rent under this lease is increased, the Tenant shall prepay to the Landlord at that time a sum equal to the difference between the new and the old rent so that the amount of prepaid rent shall at all times be equal to one month's current rent under this lease. 33. The Tenant covenants that, upon the Tenant abandoning or vacating the premises, or upon the expiration or other determination of this lease in any other manner, the Tenant shall forthwith remove from the premises, all equipment, vehicles, chattels, livestock, materials, effects and things, at any time brought or placed thereon by the Tenant, and shall also to the satisfaction of the Landlord, repair all and every damage and injury occasioned to the lands and premises of the Landlord by reason of such removal or otherwise caused during the term of the tenancy. The Tenant hereby agrees that if he fails to effect such re,vel forthwith, that the said equipment, vehicles, chattels, livestock, materials, effects and things shall be deemed abandoned and worthless, and that the Landlord may, in ller absolute and unfettered discretion immediately dispose of said chattels and things, in any manner She sees fit. The Tenant further agrees to indemnify the Landlord for all expenses incurred by Her, in effecting such removal, and in returning the premises to an ordinary state of cleanliness and good repair. 34. Provided that this lease may be terminated at any time by the Landlord if the said premises or any part thereof should be required at any time during the currency of this lease for any purpose, as determined by the Minister of Public Works by giving to the Tenant sixty days notice in writing signed by or on behalf of the Minister and either delivered to the Tenant on the premises or at any office of the Tenant, or mailed addressed to the last known place of business or office of the Tenant, at any of Her Majesty's Post Offices. IN WITNESS WIIEREOF the parties hereto have executed this lease by their duly authorized representatives, and the corporate seal of THE CORPORATION OF THE TOWN OF PICKERING has been affixed under the hands of its authorized officers as of the date first above written. THE CORPORATION OF THE TOWN OF PICKERING per Date W. ARTHURS, Mayor per Date B. TAYLOR, Clerk HER MAJESTY THE QUEEN IN RIG[IT OF CANADA as represented by TIlE M1N[S'FER OF PUBLIC WORKS BY: Date R. Alexander Project Site Manager New Toronto Airport Project Brougham, Ontario I)ate C. Fishleigh Manager, Finance & Administration New Toronto Airport Project $CI'AE~JLE A · - '~07 t-1 ' -~ 3 306 ..... 315 ""~ -- ~0~ 302 313 ...... 301 .311 .... 5~0 300 519'"-®0 ~ ....... ..... 318 , ...,,,~. 225 ..... aoo '...' ~.C214 ::'.'"'-213 ' '~':;: P. 122.02 "----... 211 ........ ?'4,,~.,~..