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.
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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;
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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;
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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
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