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HomeMy WebLinkAboutBy-law 2476/87THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO~2476 /86 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, Pick.ring (Brougham Fir.hall; 1987/1988). WHEREAS, pursuant to the provisions of section 210.24 of the Municipal Act, R.S.O. 1980, chapter 302, the council of a municipality may pass a by-law for providing fir.fighting and fire protection services; and WHEREAS, pursuant to the provisions of section 193 of that Act, the council of a municipal corporation may pass a by-law for acquiring land required for its purposes; NOW THEREFORE, the Council of the Corporation of the Town of Pick.ring HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a Lease between the Corporation of the Town of Pick.ring 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, Pick.ring, described therein as the Brougham Fir.hall, from July 1, 1987 to June 30, 1988. BY-LAW read a first, second and third time and finally passed this 19th day of May, 1986. TOWN OF PICKERING APPROVED AS TO FORM LEGAL DEPT. 62 ITEM COMMERCI^L i,E^SE - CORFOR^TE DPW IlL NO. 614727-1 TillS LEASE made in pursuance of the Short Forms of Leases Act: BETWEEN: HER MAJESTY TIlE QUEEN IN RIGIIT OF CANADA, as represented by The Minister of Public Works, hereinafter referred to as the ~'Landlord" OF TIlE FIRST PART AND THE CORPORATION OF THE TOWN OF PICKERING, 1710 Kingston Road, Pickering, Ontario, hereinafter referred to as the "Tenant" OF TIlE SECOND PART WIIEREAS the premises are part of lands expropriated by ller Maiesty for the purpose of an airport; AND WUEREAS it is deemed expedient that the premises be leased for so long as they are not required for public purposes; AND WtlEREAS a certified true copy of the Tenant's authorJziug resolut~un is attached hereto as Schedule "B"; WITNESSETH that in consideration of the rents, covenants and agreements hereinafter reserved and contained, the Landlord doth demise and lease onto 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 b Town of Pickerisg, Regional Municipality of Durham , Province of Ontario, co~nprislng .25 acres more or less, being more fully described in registered title instrument numbered 16670, and being outlined in red on the key plan attached hereto as Schedule "A", and including a one-storey frame building without husement and ~ith concrete block addition, save only the south-east interior 440 sq. feet of the sz~id building, together with access thereto from Highway #7; To t~ave and to hold the said premises for the term of ()NE (l) YEAR to he computed from the FIRST (lst) day of JULY 1987 , and to be folly completed and ended on the TIIlRTIETtt (30th) day of JUNE 1988 . Yielding and paying therefor during the said term unto the Landlord, yearly rent in the sums hereinafter specfied, in equal monthly instalmeots within each year as follows: $1,080.00 FOR THE YEAR, in equal monthly instalments of $90.00 Dollars, due and payable in advance on the First (lst) day of each and every month, commencing on the First (lst) day of JULY 1987 , with the last payment of the term due on the First (lst) day of JUNE 1988 , at the Department of Public Works, Property Management Office, Brougham, Ontario, or at such other place as the Landlord may in writing Indicate; AND FURTttER PAYING AS ADI)ITIONAL RENT, the monies and other charges, costs and expenses herein provided to be paid by the Tenant. - ITEM 63 , TIlE SAID TENANT accepts the demised premises in their present condition, AND COVENANTS WITtI TIlE SAID LANDLORD: To pay rent and business taxes; and to pay ail utility charges, lncludieg fuel for heating, hydro, water, hot water, sewage disposal and garbage removal, and all other operating and maintenance costs and expenses save o~ly as hereluafter otherwise provided, and to supply proof thereof on demand; and the Tenant further covenants to empty the septic tank periodically, at his own exl,euse; The Tenant shall repair the premises at his own expense, reaso~able wear aud tear, and damage by fire. lightning and tempest only excepted; the sa~d l,umHord may in Her discretion repair reasonable wear and tear and damage by fire. lightning and tempest, provided that Site may iu Her discretion enter and view the state of repair; The Tenant shall not carry on upon the said premises any business that may be deemed a nuisance; The Tenant shall leave the preraises in good repair, reasonable wear and tear, and damage by fire, lightning and tempest only, excepted; uotwtthstaed£ng the generality of anything herein contained, the Teeant 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 tile premises; The Tenant shall not assign or sublet notwithstanding any statutory enactment to the contrary, without the approval in writing of tile Landlord, which approval may be withheld In the Landlord*s sole discretion; The Tenant shall not store or keep ou 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 de~lutsed property; The Tenant shall not do or permit to be done on the said premises snythlng 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 Fireball; Tile Tenant shall insure the premises at ills expense for public liability for an amount not less than $1,000,000.00 for each occurresce; aud that the policy shall name lief Majesty the Queen in Right of Canada as co-benefici~ny; aud that he shall promptly furnish to the Landlord copies of such policies and their renewal; and that he shall instruct his insurers to endorse ail such policies to provide that ill tile event of ally change in the.. which could affect tile Landlord or in the event of their cascellation the iesurer will give notice to the Landlord thirty (30) days prior to the effective date of such change or cancellation; asd the Tenant covenants that he shall indemnify and save harm]ess the Landlord from and against all claims, demands, losses, costs, damages, actions, suits or other proceedings, by whomsoever made, sustained, brought or prosecuted ie any matie~, based upon, occasioned by or attributable to any injury or damage arising or resulting from any act or omission of tile Tenant, his servants, licensees, iuvitees, guests, students, contractors or agents in using or occupying the said demised lauds and premises; and the Tenant covenailtsthat he shall well and t~uly 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 bnild~ng, yards, driveways, or passages of tile said premises, and shall at all times keep the said l,~em|ses in clean and wholesome condition, and shall, immediately before the termination of the term hereby grant.ed, wash the floors, windows and woodwork of the said premises; and that he shall keep the sidewalks and driveways In front and at the sides of the said premises free of snow and ice; 10. If tile term hereby granted or the goods and chattels of the Teuaut or ally ass|Ease or sub-tenant shall be at any time seized or taken in execotiou of attachment, or if the Tenant or any such assignee or sub-tenant shall ~ke an asstgnment for tim benefit of creditors or shall become bankrupt or insolvent, or make a proposal its credttors~ or without the consent of the Landlord beln~ f~rst obtained writing, shall make a sale~ Udder the Bulk Sa]es Act, in r~spect of goods on the premises, or being a company shall become subject to any legislative enactment relating to ltquidat~on or winding up~ either voluutary or conlpulso~y, the sa~d term shall immediately become forfeited and void, and an amuui~t equivalent the next ensuing three months' rent shall be at once due and payable; 11. In consideration of the foregoiug and of the leasing aod letting by tl~e I,andlord to the Tenant of the premises bereby dendsed, tile Tenant hereby coveeau~s and agrees with the Landlord that notwithstanding any statute or law to tbs coutra~y, none of tile goods or chattels of tile Tenant on tile said premises at any time durlog tile continuance of the term hereof shall be exempt frum levy by distress for rent in arrears by the Tenant and that upon any claim being made for such exemption by tbs Tenant, or ou distress being nmde by tile 1.andlord, tills covenant and agreement may be pleaded as an estoppel against tbs Tenant In auy act|on brought to test the right to the levying epou ally such geods as are named as exempted In any such statute or law, tile Tenant waiving, as he hereby does, all and every benefit that could or might have accrued to him under and by virtue of ally such statute or law but for tbs above covenaut; 12. TIlE SAID LANDLORD COVENANTS W1Ttl TIlE SAID TENANT for quiet ~ni)oyment, while this lease is in good standing and not terminated by the Landlord or otherwise by Its terms; provided that the Landlord shall not be liable to SUpl~ly water tf the existing supply is or becomes inadequate; 13. THE LANDLORD covenants and agrees to pay real property taxes attributable by tier to the demised premises; 14. THE TENANT covenants and agrees to and with the Landlord that Jf there be all increase in real property taxes attributed by the Landlord as being payable by tile Landlord in respect of the demised premises, the Tenant shall pay such increase in full upon being notified thereof, wlth tile next due monthly rental payment and such increase in real property taxes shall be deemed to be part of the rent reserved in this Lease al~d the remedies available to the l,andlord relating to rent herein and at law shall apply mutatis mutaudls thereto; 15. Tbs Tenant hereby acknowledges that he has received the keys of the said peemlses, wbich he agrees to return upon quitting tile said premises; 16. Any alterations, additions or improvements of the Tenant are subject to the prior approval of the Landlord in writing and must be made by a qnalifled contractor who is acceptable to tile Landlord, entirely aL Ihs Tenant's expense PROVIDED that alterations, additions and improvements to healing, air coadi L|onlng, plumbing, roof and bearing walls are prohibited unless tile Landlord gives specific written consent; 17. Tile Tenant may remove his fixtures if all tile rent due hereunder bas been paid and such removal can be made without injury or damage to tile property that cannot be compensated by the Tenant in money; and provided the Tenaut covenants he shall be responsible for prompt restoration or compensation to tbs satisfaction of tile Landlord; 18. In the event of tile destruction or partial destruct|on of the said premises by fire, lightaing, tempest, or otherwise, tile I~andiord m~ly, i.n ils sole discretioa, declare the term hereby granted to be forthwith terminated, and in such event real shall be payable up to the time of such deal[notion o~ partial destruction; 19. 20. 2;). 23. 24. 25. 26. 28. 29. During tile last two months of the tenancy hereby granted, the Tenant shall allow prospective tenants to be admitted to view the said pre.rises at reasonable hours any day except Sunday on producing a wrlttea order to that effect signed by the Landlord or bis agent; The Landlord shall have the privilege at all reasonable times during the term hereby granted or ally extension thereof, by tler agents, servants, coo£ractors and workmen with requisite vehicles and equipment, to enter on tile lands tile purpose of making surveys, soil tests, laying roads, erecting structures and removing obstructions, upon 10 days notice to the Tender; the parties covenant that such entry for a limited purpose or purposes sha]] not' terminate the lease, nor result in the abatement of rent; provided that if such eetry beconles permanent and results ltl the reduction of the area of the leased premises, an appropriate adjustment of rental shall be negotiated by tile Parties; It is hereby uuderstood and agreed that all chattels dud Tenaut's fixtures tile premises at day time shall be liable to distress for rent In arrears, 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 :is the performance of any of tile covenants or agreements herein contained the Landlord shall bare tbe right on thirty days notice in writing to thc Tensnt to terminate this lease or to re-enter and take possession of the said premises and all accrued rent sball immediately become due and payable. Proviso for re-entry by the said Landlord on non-payment of rest ur non- performance of covenants; In the case of a seizure or forfeiture of the said term for any of the causes llereln set forth, the Laadlord shall have the same right of re-entry as is given under the next preceding proviso; Notwithstanding aoything herein contained tile Landlord's right of re-ent~y bereunder for non-payment of rent or non-performance of covenants shall become exercisable immediately upon default being made; If tile Tenant remains in occupation of tile demised premises after the expiratioa 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 bereof, so far as applicable, shall apply to such mouthly tenancy; Any notice given to tile Landlord by the Tenant shall be addressed to the Department of Public Works, Property Management Office, Brougham, Ontario, or such other place aa the Landlord may in writing indicate, and any notice from the Landlord to the Tenant shall be addressed to tbe leased premises; It is agreed between the parties hereto that every covenant, proviso and agree- ment lmrein contained shall enure to the benefit of the Tenant dud the Tenant's successors and assigns and to the Landlord or ller successors or assigns and be binding upon the Tenant's agents, heirs, executors, administratols, assigns and successors aod the Landlord's successors or assigns add that all covenants berein contained shall be construed as being joint and several, and that wiles the context so requires or permits the singular uumber shall be read as i f tim plural were expressed, and the masculine gender as if tile femlniue or nester, as the case may be, were expressed; Tile rights of the Landlord herein may be exercised by any official authorized by tile Minister of Public Works; No Member of the }louse of Con,nons shall be adn~itted to any share or part of this Agreement or to any benefit to arise therefrom; ITEM 30. 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 tlmt be has failed to pay, calculated at the rate of 10% per annum from the thne of such fallt,x'(~. Such iaterest shall be deemed to be part of the rent reserved In this leaae, and the remedies available to the Landlord relating to rent herein aad at law shall apply mutatia mutandis thereto; 31. The Teaant 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 Tenaut shall p~epay to the Landlord at Lbat time a sum equal to the difference between ti~e new and the old rent so that the amount of prepaid rent shall at all times be equal to one montb's current rent under this lease. 32. or upon the expiration or other determination of this lease la a~y other uuume~, the Tenant shall fortbwitl~ remove from the premises, all equipment, vehicles, chattels, livestock, materials, effects and tlHngs, at aey time b~ought ~)~' placed thereou by tim Tenant, and shall also to the satlsfactJon of ~he l.amllord, ~cpair all and every damage and injury occasioned to the lands ami premises of tl~e Landlord by reason of such removal or otherwise caused during thc tcim of ihe tenancy. The Tenant hereby agrees that if he fails to effect s,ch removal forthwith, that the sa~d equipment, vehicles, chattels, livestock, mater[al~;, effects and things shall be deemed abandoned aud worthless, and tha£ the I~audloYd may, in liar absolute and oafettered discretion immediately disl~m;~_· of said chattels the Landlord for all expenses lncurred by liar, Jn affecting such ~emoval, and ia returning the premises to an ordinary state of cleanliness aad guod ~cpalr. IN WITNESS WIIEREOF the parties hereto have executed this lease by tbci~ dei~ m~htn izud representatives, and the corporate seal of TIlE CORPORATION OF Tile TOWN OF tqC~ERIN(; bas been affixed under the hands of its autho[ized officers as of ~he dale fi~sl ubovc written. THE CORPORATION OF THE TOWN OP PICKER[NG pe r/~ ./~.~ ~ l)ate f/~i AhDERSON (Mayor) p~r Du I e B. TAYLOR (Clerk) IIER MAJESTY TIlE QUEEN 1N RIGHT 0l" CANADA as represented by TItE MINISTER OF PUBLIC WORKS BY: Date M. Richardson Project Site Manager New Toronto Airport Project Brougham, Oatario BY: W, Leach Chief, Contract Admi.ist~otion Ontario Regioa Da t e ITEM 67 735' ".. ' Anms '"" 709 -719 t.6.94 697', 698 699'