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HomeMy WebLinkAboutBy-law 3467/90 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO, 3467/90 Being 'a by-law to authorize the execution of a Lease between the Town and Her Majesty the Queen in Right of Canada, respecting Part Lot 19, Concession 6, Pickering (Brougham Parkette; 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 Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Lease between the Corporation of the Town of Pickering and Her Majesty the Queen in Right of Canada, in the form attached hereto as Schedule A, for the use of that part of Lot 19, Concession 6, Picketing, described therein as the Brougham Parkette, from July 1, 1990 to June 30, 1991. BY-LAW read a first, second and third time and finally passed this 28th day of May, 1990. Wayne Ar~,a~s, Mayor Bru~:e Taylor, IL'~erk / TOWN CF PICKERING APPROVED LEGAL 01[~ THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3467/90 Being a by-law to authorize the execution of a Lease between the Town and Her Majesty the Queen in Right of Canada, respecting Part Lot 19, Concession 6, Pickering (Brougham Parkette; 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 Pickering HEREBY ENACTS AS FOLLOWS: 1. The May. or and Clerk are hereby authorized to execute a Lease between the Corporation of the Town of Pickeringand Her Majesty the Queen in Right of Canada, in the form attached hereto as Schedule A, for the use of that part of Lot 19, Concession 6, Pickering, described therein as the Brougham Parkette, from July 1, 1990 to June 30, 1991. BY-LAW read a first, second and third time and finally passed this 28th day of May, 1990. Wayne Ar0a~f~s, Mayor TOWN CF PICKERtN~ APPEOV£D SCHEDULE A DPW ID. NO. 614725-1 COM~MERCIAL 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 THE FIRST PART AND THE CORPORATION OF THE TOWN OF PiCKERING, Picketing Civic Complex, One The Esplanade, Picketing, 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 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 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 in and being part of Lot 19, Concession 6 , Town of Pickering, Regional Municipality of Durham , Province of Ontario, comprising .109 acres more or less, being more fully described in registered title instrument numbered 23471, and being outlined in red on the key plan attached hereto as Schedule "A", ~f~BB~ 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,dlord, 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 ~m~img on the First (let) day of JULY 1990 , ~x~as~x~~ ~x~lx~~x~ls~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. - 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, includi~§ 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 is good repair, reasonable wear and tear, and damage by fire, lightning and tempest only, excepted; notwithstanding tile 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 anythin~ 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 Parkette; ' 8. The Tenant shall insure the premises at his expense for public liability for an amount not less than $1,OOO,O0O.OO for each occurrence; aud that Lhe 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, based upon, occasioned by or attributable to any injury or damage arisi.g or resulting from any act or omission of the Tenant, his servsnts, licensees, invitees, 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 tbe said demised lands and premises; 3 9. The Tenant shall not allow any ashes, refuse, garbage or other loose or objectionable material to accumulate in or about the hutJdlnp,, ynrds, drlv~wnys, .or passages of the said premises, and shall at all times keel, the said premises in clean and wholeao~ condition, and shall, im~diately before the termination of the term hereby granted, wash the floors, windows and woodwork of the said pre.see; and that he shall keep the sidewalks and driveways tm front and at the aides of the said premises free of snow and ice; 10. If the term hereby granted or the goods and chattels of the Tenant or any assignee or sub-tenant shall be a: any time seized or taken in execution or attachment, or if the Tenant or any such assizes 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, tn respect oi goods on the premises, or being a company shall become eubJec~ to any legislative enactment relating to liquids:ian or winding up, either voluntary or compulsory, the said term shall i~edtately become forfeited and void, and an amount equivalent to the next ensuing three man:ha' ren~ shall be at once due and payable; 11. In consideration of the foregoing and oE the leasing and letting by the Landlord ~o the Tenant of the premises hereby de~sed, the Tenan~ hereby covenants and agrees with the Landlord that notwithstanding any statute or law to the contrary, none of the goods or chattels of the Tenant on the said premises a: any time during the continuance of the rem 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 dis:rems being ~de by the Landlord, this covenant and agree~n: ~y be pleaded as ~ estoppel against the Tenant in any action brought ~o test the right :o the le~ing upon any such goods aa are named as exempted in any such statute or law, the Tenant waiving, as he hereby does, all and eve~ benefit :ha~ could or migh~ have accrued to him under and by virtue of any such statute or law but for the above covenant; 12. THE SAID L~DLORD COVEN~TS WITll TIlE SAID TENET for quiet enJoymeut, while this lease is in good standing and not re.hated by the Landlord or otherwise by its terms; provided that the Landlord shall not be liable :o supply wa:er if ~l~e existing supply ia or becomes inadequate; 13. THE ~NDLO~ covenants and agrees to pay real property taxes attributable by Her to the demised pre~aes; 14. THE TENET covenants and agrees ~o and with the Landlord that if U~ere be an increase in real property taxes attributed by the Landlord as being payable by the Landlord in respect of the de~sed pre~sea, the Tenant shall pay such increase in full upon being notified thereof, with the nex~ due monthly rem:al pay~nt and such increase in real property taxes shall be deemed to be part of the rent reserved in this Lease and the iemedies'available to the Landlord ~elating to rent herein and at law shall apply mutatis mutandts thereto; 15. The Tena~t 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 ore s~d)Ject to ~he prior approval of the Landlord in writing and must be made by a qnalified contractor who is acceptable ~o the Landlord, entirely at the Tenant's expense PROVIDED :hat alterations, additions and improvements to heating, air conditioning, plun~ing, roof and bearing walls are prohibited unless the Landlord gives specific written consent; 17. The Tenant may remove his fixtures if all the rent due hereuuder h~s been paid and such 're~val can be ~de without injury or damage to the property that cannot be compensated by the Tenant in ~ney; 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, in its sole discretion, declare the term hereby 8rented to be forthwith terminated, and in much event rent shall be payable up to the time of such destruction or partial destruction; - 6 - lg. During the last two months of the tenancy hereby granted, tile Tenant shall nlJ. ow I)ruepectLve tennnt~ to be admLtted to view the ~n{tl 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 }let agents, servants, contractors and workn~n 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 rentl provided that if euch entry becomes permanent and results in the reduction of the area of the leased premises, au appropriate adjustment of rental shall be negotiated by tile Partiesl 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 o[ 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 tile said premises and all accrued rent shall inunediately become due and payable. 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 ally of the causes herein set forth~ the Landlord shall have tile same ri§hi of re-entry as is given under the next preceding proviso; 2&. Notwithstanding anything herein contained the Landlord's right of re-entry hereunder for non-payment of rent or Ugh-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 (he 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 resCrictiug the generality of the foregoing, ally municipal hy-lnws which would apply to the premises if they were not owned by }{er Majesty the Queen in Right of Canada. 28. It is agreed between the parties hereto that every covena~t, proviso and agree- ment herein contained shall enure to the benefit o[ the Tenant and the Tenant's successors and assi§ns 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 cud 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 feminiae 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 tler absolute and unfettered discretion immediately dispose of said chattels and things, in any manner She sees fit. The Tenant further agrees to inde~mify 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 ~equired 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. N WITNESS WHEREOF the parties hereto have executed this lease by their duly authorized epresentatives, and the corporate seal of THE CORPORATION OF THE TOWN OF PICKERING 3s been affixed nader tile hands of its authorized officers as of the date first above titten. THE CORPORATION OF THE TOWN OF PICKERING per Date W. ARTHURS, Mayor per Date B. TAYLOR, Clerk HER MAJESTY THE QUEEN IN RIGIIT OF CANADA as represented by TIlE M1NISTER OF PUBL1C WORKS BY: Dote R. Alexander Project Site Manager New Toronto Airport Project Brougham, Ontario BY: Date C. Fishleigh Manager, F~nance & ~dm~n:istratto~ New Toronto Airport Project SCI~EGULE ^ Isol~et $1 $!