HomeMy WebLinkAboutBy-law 1854/84TttE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1854/84
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,
Don Beer Memorial Park (Brougham) and
Brougham Fire Hall, 1984 - 1986.
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; and
WHEREAS, pursuant to the provisions of section 210.24 of that Act, the council of a
local municipality may pass a by-law for providing fire-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 Picketing 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,
(a)
in the form attached hereto as Schedule A for the use of that part of Lot
31, Concession 9, described therein as the Altona Community Centre from
July l, 1984 to June 30, 1986; and
(b)
in the form attached hereto as Schedule B for the use of that part of Lot
18, Concession 5, described therein as the Brougham Community Centre
from July 1, 1984 to June 30, 1986; and
(c)
in the form attached hereto as Schedule C for the use of that part of Lot
18, Concession 6, described therein, as the Don Beer Municipal Park
(Brougham) from July 1, 1984 to June 30, 1986; and
(d)
in the form attached hereto as Schedule D for the use of that part of Lot
19, Concession 6, described therein, as the Brougham Fire Hall from June
1, 1984 to May 31, 1986.
BY-LAW read a first, second and third time and finally passed this 18th day of June,
1984.
TOWN OF
PICKEF~iNG
APFRO~/EI~
LEGAL. DEPT,
TO BY-LAW 1854/84
COMMERCIAL LEASE - CORPORATE
THIS LEASE made in triplicate the ~
1984 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"
day of
OF THE FIRST PART
AND
DPW ID. NO. 49631-1
THE CORPORATION OF THE TOWN OF PICKERING,
1710 Kingston Road, Province of Ontario,
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;
attached hereto as Schedule "B"; ~
.P2qD !~E~ to guarantee the~ayment of all smns
~~ ~y ~ T~t her~n~
WITNESSETH that in consideration of the rents, covenants and agreements herein-
after 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 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 163700,
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 the said premises for the term of TWO (2) YEARS to be
computed from the FIRST (lst) day of JULY 19 84, and to be fully completed
and ended on the THIRTIETH (30th) day of JUNE 19 86.
Yielding and paying therefor during the said term unto the Landlord, yearly
rent in the sums hereinafter specified,
ONE DOLLAR ($1.00) for each year of the lease term, from July 1., 1984;
due and payable in advance o~x~x~kx~xmix~~~mu~ commencing
on the First (lst) day of JULY 1984 , with the last payment of the term due on
the First (lst) day of JULY 1985 , 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.
THE SAID TENANT accepts the demised premises in their present condition,
AND COVENANTS WITH THE SAID L;~NDLORD:
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;
2o
And that he shall repair the premises at his o~ 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. And that he shall not carry on upon the said premises any business that may be
deemed a nuisance;
4. And that he shall leave the premises in good repair, reasonable wear and tear
and damage by fire, lightning and tempest only excepted;
And that he 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;
And that he 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;
And that he 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;
And that he shall insure the premises at his expense for public liability for
an amount not less than $1,000,000.00 for each occurrence; and that he, with
soma insurance company or companies reasonably satisfactory to the Landlord,
shall take out and maintain with respect to the demised premises and the Tenant's
use and occupation thereof insurance policies of all risk, earthquake and flood
coverages in an amount sufficient to cover the cost of replacement of the
demised premises and all alterations, decorations, fixtures, additions and
improvements made, installed or brought by the Tenant on the demised premises,
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 indenmify 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
- 3-
from any act or o~lission 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 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;
And that he shall not allow any ashes, refuse, garbage or other loose or
objectionable material to accumulate in or about the building, yards, driveways
or passages of the said premises, and shall at all times keep the said premises
in clean and wholesome condition, and shall, immediately before the termination
of the term hereby granted, 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. And that, 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 in execution
or attachment, or if the Tenant or any such assignee or sub-tenant shall make
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 become subject to any legislative
enactment relating to liquidation or winding up, either voluntary or compulsory,
the said term shall immediately become forfeited and void, and an amount equivalent
to the next ensuing three months' rent shall be at once due and payable;
tl. Provided that in case physical possession of lands and premises hereby demised
should become necessary before the expiration of the term hereby granted or any
extension thereof the Landlord may, by prepaid registered notice addressed to
the Tenant, terminate this lease. Such termination shall take effect 60 days
after the date of registration of such notice in Her Majesty's mails and this
lease shall thereupon be fully determined; and the Tenant shall surrender
possession of the lands hereby demised.
12.
In consideration of the foregoing and of the leasing and letting by the Landlord
to the Tenant of the prennises hereby demised, the Tenant 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 at any time
during the continuance of the term 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 made by the Landlord, this covenant
and agreement may be pleaded as an estoppel against the Tenant in any action
brought to test the right to the levying upon any such goods as are named as
exempted in any such statute or law, the Tenant waiving, as he hereby does, all
and every benefit that could or might have accrued to him under and by virtue
of any such statute or law but for the above covenant;
13. THE SAID LANDLORD COVENANTS WITH THE SAID TENANT for quiet enjoyment, 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 supply water if the
existing supply is or becomes inadequate;
14. THE LANDLORD covenants and agrees to pay real property taxes attributable by
Her to the demised premises;
15.
THE TENANT 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 demised premises, the Tenant shall pay such
increase in full upon being notified thereof, with the 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 and the remedies available to the Landlord
relating to rent herein and at law shall apply mutatis mutandis thereto;
16. The Tenant hereby acknowledges that he has received the keys of the said premises,
which he agrees to return upon quitting the said premises;
17. The Landlord and Tenant covenant and agree that if there is any disagreement or
dispute arising out of this lease, it may be submitted for determination by either
of them to the Federal Court of Canada pursuant to Section 17(3) of the Federal
Court Act, Statutes of Canada 1970-71-72, and that any liability hereunder by
the Landlord to the Tenant will be subject to the provisions of the Crown Liability
Act, R. S. C. 1970, Chapter C-38;
18. 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 qualified
contractor who is acceptable to the Landlord, entirely at the Tenant's expense
~RO¥IDED that alterations, additions and improvements to heating, air conditioning,
pl-mhing, roof and bearing walls are prohibited unless the Landlord gives specific
written consent;
19. Provided that the Tenant may remove his fixtures if all the rent due hereunder
has been paid and such removal can be made without injury or damage to the
property that cannot 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;
20. Provided that in the event of fire, lightning or tempest, rent shall cease
until the premises are rebuilt; such rebuilding shall be in the Landlord's
sole discretion;
21. Provided that, in the event of the destruction or partial destruction of the
said premises, the Landlord may declare the term hereby granted to be forthwith
terminated, and in such event rent shall be payable up to the time of such
destruction or partial destruction;
22. Provided also that during the last two months of the tenancy hereby granted, the
Tenant shall allow prospective tenants to be admitted to view the said premises
at reasonable hours any day except Sunday on producing a written order to that
effect signed by the Landlord or his agent;
23. Provided that 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, subject to the provisions of Clause 17;
24. Provided and 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.
25. Proviso for re-entry by the said Landlord on non-payment of rent or non-
performance of covenants;
26. Provided also that 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;
27. Provided that 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;
28. Provided that 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 equivalent to the monthly payment of rent
herein provided for, payable in advance, and all the terms and conditions
hereof, so far as applicable, shall apply to such monthly tenancy;
29. Provided that any notice given to the Landlord by the Temant 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 ~
-5 -
30. 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 and that all covenants
herein contained shall be construed as being joint and several, and that when
the context 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;
31. The right of the Landlord herein may be exercised by any official authorized
by the Minister of Public Works;
32. 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;
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
per
per
J. ANDERSON (Mayor)
(Corporate
seal)
B. TAYLOR (Clerk)
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
as represented by
THE MINISTER OF PUBLIC WORKS
per
M. Richardson
Project Manager, Property Administration
New Toronto International Airport Project
per
C. A. Maltas
Manager, Finance and Administration
New Toronto International Airport Project
6t9
636
635
'530
529
527
5O3
502
512
511 500
..... 496
.-.~ 510
®
505
497
623
.......... 621-
625
495
48?
495
492 489
494'
(DO"F,) .......
490
.......... 486
'594
~D6
· 620 ..........
,6O5
.zor 'Jo ·
D?W ID. NO. 49657-1
COMM]~RCIAL LEASE - CORPORATE
THIS LEASE made in triplicate the
1984 in pursuance of the Short Forms of Leases Act
BETWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF CA~ADA,
as represented by The Minister of Public Works,
hereinafter referred to as the "Landlord"
OF THE FIRST PART
AND
day of ~
THE CORPORATION OF THE TOWN OF PICKERING,
1710 Kingston Road, Province of Ontario,
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 pren~ises be leased for so long as
they are not required for public purposes;
attached hereto as Schedule "B"; -- --
AND WHEREA~_S or as agre---'--ed to guarantee the payment of all sums
WITNESSETH that in consideration of the rents, covenants and agreements herein-
after 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 Pickering , 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 the term of TWO (2) YEARS tn be
computed from the FIRST (lst) day of JULY 19 84 , and to be fully completed
and ended on the THIRTIETH (30th) day of JUNE 19 86 .
Yielding and paying therefor during the said term unto the Landlord, yearly
rent in the sums hereinafter specified,
ONE DOLLAR ($1.00) for each year of the lease term, from July 1, 1984;
due and payable in advance ~;.-~l~xk~x~-~m~+~ commencing
on the First (lst) day of JULY 19 84 , with the last payment of the term due on
the First (lst) day of JULY 19~5 , 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:
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 hereinmfter
otherwise provided, and to supply proof thereof on demand;
2o
And that he 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 dmmmge by fire,
lightning and tempest, provided that She may in Her discretion enter and view
the state of repair;
3. And that he shall not carry on upon the said premises any business that may be
deemed a nuisance;
4. And that he shall leave the premises in good repair, reasonable wear and tear
and damage by fire, lightning and tempest only excepted;
And that he 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;
And that he shall not store or keep on the premises explosives or infla~mmble
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;
And that he shall not do or permit to be done on the said premises anything
which may be annoying to the Landlord, er which the Landlord may deem to be
a nuisance, amd that the Tenant shall use and occupy the said premises as a
Co~mnunity Centre;
And that he shall insure the premises at his expense for public liability for
an amount net less than $1,000,000.00 for each occurrence; and that he, with
some insurance company or companies reasonably satisfactory to the Landlord,
shall take out and maintain with respect to the demised premises and the Tenant's
use and occupation thereof insurance policies of all risk, earthquake and flood
coverages in an amount sufficient to cover the cost of replacement of the
demised premises and all alterations, decorations, fixtures, additions and
improvements made, installed or brought by the Tenant on the demised premises,
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 inde~mify 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 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;
And that he shall not allow any ashes, refuse, garbage or other loose or
objectionable material to accumulate in or about the building, yards, driveways
or passages of the said premises, and shall at all times keep the said prem~tses
in clean and wholesome condition, and shall, immediately before the termination
of the term hereby granted, 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. And that, 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 in execution
or attachment, or if the Tenant or any such assignee or sub-tenant shall make
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 become subject to any legislative
enactment relating to liquidation or winding up, either voluntary or compulsory,
the said term shall immediately become forfeited and void, and an amount equivalent
to the next ensuing three months' rent shall be at once due and payable;
11. Provided that in case physical possession of lands and premises hereby demised
should become necessary before the expiration of the term hereby granted or any
extension thereof the Landlord may, by prepaid registered notice addressed to
the Tenant, terminate this lease. Such termination shall take effect 60 days
after the date of registration of such notice in Her Majes.ty's mails and this
lease shall thereupon be fully determined; and the Tenant shall surrender
possession of the lands hereby demised.
12.
In consideration of the foregoing and of the leasing and letting by the Landlord
to the Tenant of the premises hereby demised, the Tenant 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 at any time
during the continuance of the term 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 made by the Landlord, this covenant
and agreement may be pleaded as an estoppel against the Tenant in any action
brought to test the right to the levying upon any such goods as are named as
exempted in any such statute or law, the Tenant waiving, as he hereby does, all
and every benefit that could or might have accrued to him under and by virtue
of any such statute or law but for the above covenant;
13. THE SAID LANDLORD COVENANTS WITH THE SAID TENANT for quiet enjoyment, 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 supply water if the
existing supply is or becomes inadequate;
14. THE LANDLORD covenants and agrees to pay real property taxes attributable by
Her to the demised premises;
15. THE TENANT 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 demised premises, the Tenant shall pay such
increase in full upo~ being notified thereof, with the 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 and the remedies available to the Landlord
relating to rent herein and at law shall apply mutatis mutandis thereto;
16. The Tenant hereby acknowledges that he has received the keys of the said premises,
which he agrees to return upon quitting the said premises;
17.
The Landlord and Tenant covenant and agree that if there is any disagreement or
dispute arising out of this lease, it may be submitted for determination by either
of them to the Federal Court of Canada pursuant to Section 17(3) of the Federal
Court Act, Statutes of Canada 1970-71-72, and that any liability hereunder by
the Landlord to the Tenant will be subject to the provisions of the Crown L~ability
Act, R. S. C. 1970, Chapter C-35;
-4-
18. 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 qualified
contractor who is acceptable to the Landlord, entirely at the Tenant's expense
PROVIDED that alterations, additions and improvements to heating, air conditioning,
plumbing, roof and bearing walls are prohibited unless the Landlord gives specific
written consent;
19. Provided that the Tenant may remove his fixtures if all the rent due hereunder
has been paid and such removal can be made without injury or damage to the
property that cannot 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;
20. Provided that in the event of fire, lightning or tempest, rent shall cease
until the premises are rebuilt; such rebuilding shall be in the Landlord's
sole discretion;
21. Provided that, in the event of the destruction or partial destruction of the
said premises, the Landlord may declare the term hereby granted to be forthwith
terminated, and in such event rent shall be payable up to the time of such
destruction or partial destruction;
22. Provided also that during the last two months of the tenancy hereby granted, the
Tenant shall allow prospective tenants to be admitted to view the said premises
at reasonable hours any day except Sunday on producing a written order to that
effect signed by the Landlord or his agent;
23. Provided that 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, subject to the provisions of Clause 17;
24. Provided and 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.
25. Proviso for re-entry by the said Landlord on non-payment of rent or non-
performance of covenants;
26. Provided also that 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;
27. Provided that 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;
28. Provided that 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 equivalent to the monthly payment of rent
herein provided for, payable in advance, and all the terms and conditions
hereof, so far as applicable, shall apply to such monthly tenancy;
29. Provided that 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 ' ·
5
30. 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 and that all covenants
herein contained shall be construed as being Joint and several, and that when
the context so requires or permits the singular n,,mher 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;
31. The right of the Landlord herein may be exercised by any official authorized
by the Minister of Public Works;
32. 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;
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
PeK
pe~
J. ANDERSON (Mayor)
(Corporate
seal)
B. TAYLOR (Clerk)
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
as represented by
THE MINISTER OF PUBLIC WORKS
peE
M. Richardson
Project Manager, Property Administration
New Toronto International Airport Project
per
C. A. Maltas
Manager, Finance and Administration
New Toronto International Airport Project
SCHEDULE A
~IOT TO SCAI. I~
COM>fl~RCIAL LEASE - CORPORATE
THIS LEASE made in triplicate the ~
1984 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"
day of
OF THE FIRST PART
AND
D?W ID. NO. 49200-1
THE CORPORATION OF THE TOWN OF PICKERING,
1710 Kingston Road, Province of Ontario,
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;
.................... = ~ m .... '- authJrizing .... l"t
attached hereto as Schedule "B"; ~ ~
AND WHEREAS or as agreed to guarantee the payment of all sums
WITNESSETH that in consideration of the rents, covenants and agreements herein-
after 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 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 TWO (2) YEARS to be
computed from the FIRST (lst) day of JULY 1984 , and to be fully completed
and ended on the THIRTIETH (30th) day of JUNE 1986 .
Yielding and paying therefor during the said term unto the Landlord, yearly
rent in the sums hereinafter specified,
ONE DOLLAR ($1.00) for each year of the lease term, from July 1, 1984;
due and payable in advance smxX~xF~ix~t~x~gxX~x~~~ commencing
on the First (lst) day of JULY 19 84, with the last payment of the term due on
the First (lst) day of JULY 19 85, 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 &DDITIONAL RENT, the monies and other charges,
costs and expenses herein provided to be paid by the Tenant.
THE SAID TENA~NT accepts the demised premises in their present condition,
AND COVENANTS WITH THE SAID LANDLORD:
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 that he 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. And that he shall not carry on upon the said premises any business that may be
deemed a nuisance;
4. And that he shall leave the premises in good repair, reasonable wear and tear
and damage by fire, lightning and tempest only excepted;
5o
And that he 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;
And that he 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;
And that he 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;
And that he shall insure the premises at his expense for public liability for
an amount not less than $1,000,000.00 for each occurrence; and that he, with
some insurance company or companies reasonably satisfactory to the Landlord,
shall take out and maintain with respect to the demised premises and the Tenant's
use and occupation thereof insurance policies of all risk, earthquake and flood
coverages in an amount sufficient to cover the cost of replacement of the
demised premises and all alterations, decorations, fixtures, additions and
improvements made, installed or brought by the Tenant on the demised premises,
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 indemify 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
-3-
from any act 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 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;
And that he shall not allow any ashes, refuse, garbage or other loose or
objectionable material to accumulate in or about the building, yards, driveways
or passages of the said premises, and shall at all times keep the said premises
in clean and wholesome condition, and shall, immediately before the termination
of the term hereby granted, 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.
And that, 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 in execution
or attachment, or if the Tenant or any such assignee or sub-tenant shall make
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 become subject to any legislative
enactment relating to liquidation or winding up, either voluntary or compulsory,
the said term shall immediately become forfeited and void, and an amount equivalent
to the next ensuing three months' rent shall be at once due and payable;
11. Provided that in case physical possession of lands and premises hereby demised
should become necessary before the expiration of the term hereby granted or any
extension thereof the Landlord may, by prepaid registered notice addressed to
the Tenant, terminate this lease. Such termination shall take effect 60 days
after the date of registration of such notice in Her Majesty's mails and this
lease shall thereupon be fully determined; and the Tenant shall surrender
possession of the lands hereby demised..
12. In consideration of the foregoing and of the leasing and letting by the Landlord
to the Tenant of the premises hereby demised, the Tenant 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 at any time
during the continuance of the term 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 made by the Landlord, this covenant
and agreement may be pleaded as an estoppel against the Tenant in any action
brought to test the right to the levying upon any such goods as are named as
exempted in any such statute or law, the Tenant waiving, as he hereby does, all
and every benefit that could or might have accrued to him under and by virtue
of any such statute or law but for the above covenant;
13. THE SAID LANDLORD COVENANTS WITH THE SAID TENANT for quiet enjoyment, 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 supply water if the
existing supply is or becomes inadequate;
14. THE LANDLORD covenants and agrees to pay real property taxes attributable by
Her to the demised premises;
15. THE TENANT 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 demised premises, the Tenant shall pay such
increase in full upon being notified thereof, with the 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 and the remedies available to the Landlord
relating to rent herein and at law shall apply mutatis mutandis thereto;
16. The Tenant hereby acknowledges that he has received the keys of the said premises,
which he agrees to return upon quitting the said premises;
17. The Landlord and Tenant covenant and agree that if there is any disagreement or
dispute arising out of this lease, it may be submitted for determination by either
of them to the Federal Court of Canada pursuant to Section 17(3) of the Federal
Court Act, Statutes of Canada 1970-71-72, and that any liability hereunder by
the Landlord to the Tenant will be subject to the provisions of the Crown Liability
Act, R. S. C. 1970, Chapter C-38;
-4-
18.
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 qualified
contractor who is acceptable to the Landlord, entirely at the Tenant's expense
PROVIDED that alterations, additions and improvements to heating, air conditioning,
plumbing, roof and bearing walls are prohibited unless the Landlord gives specific
written consent;
19. Provided that the Tenant may remove his fixtures if all the rent due hereunder
has been paid and such removal can be made without injury or damage to the
property that cannot 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;
20. Provided that in the event of fire, lightning or tempest, rent shall cease
until the premises are rebuilt; such rebuilding shall be in the Landlord's
sole discretion;
21. Provided that, in the event of the destruction or partial destruction of the
said premises, the Landlord may declare the term hereby granted to be forthwith
terminated, and in such event rent shall be payable up to the time of such
destruction or partial destruction;
22. Provided also that during the last two months of the tenancy hereby granted, the
Tenant shall allow prospective tenants to be admitted to view the said premises
at reasonable hours any day except Sunday on producing a written order to that
effect signed by the Landlord or his agent;
23. Provided that 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, subject to the provisions of Clause 17;
24. Provided and 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.
25. Proviso for re-entry by the said Landlord on non-payment of rent or non-
performance of covenants;
26. Provided also that 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;
27. Provided that 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;
28. Provided that 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 equivalent to the monthly payment of rent
herein provided for, payable in advance, and all the terms and conditions
hereof, so far as applicable, shall apply to such monthly tenancy;
29. Provided that 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~.-~;
-5-
30. 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 and that all covenants
herein contained shall be construed as being Joint and several, and that when
the context 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;
31. The right of the Landlord herein may be exercised by any official authorized
by the Minister of Public Works;
32. 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;
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
per
per
J. ANDERSON (Mayor)
(Corporate
seal)
B. TAYLOR (Clerk)
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
as represented by
THE MINISTER OF PUBLIC WORKS
per
M. Richardson
Project Manager, Property Administration
New Toronto International Airport Project
per
C. A. Maltas
Manager, Finance and Administration
New Toronto International Airport Project
COMMERCIAL LEASE
THIS LEASE made in triplicate the 4~
19 84 in pursuance of the Short Forms of Leases Act
day of
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 PA~T
AND
THE ~ CORPORATION OF THE TOWN OF PICKERING,
1710 Kingston Road, Pickering, Ontario,
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 herein-
after 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 .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 basement and with concrete block addition, save only
the south-east interior 440 sq. feet of the said building, together with access thereto
from King's Highway #7;
To have and to hold the said premises for the term of TWO (2) YEARS to be
computed from the FIRST (lst) day of JUNE 1984 , and to be fully completed
and ended on the THIRTY-FIRST (31st) day of MAY 19 86 .
Yielding and paying therefor during the said term unto the Landlord, yearly
rent in the sums hereinafter specified, in equal monthly instalments within each
year as follows:
FOR THE FIRST YEAR $948.00, in equal monthly instalments of $79.00, from June 1, 19B4,
FOR THE SECOND YEAR $996.00, in equal monthly instalments of $83.00, from June 1, 1985,
due and payable in advance on the First (lst) day of each and every month, commencing
on the First (lst) day of JUNE 19 84, with the last payment of the term due on
the First (lst) day of MAY 1986 , 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 ut~ity charges, including fuel
for heating, hydro, water, hot water, sewage disposal and garbage rmmmval, and
all other operating and mainte~ance costs and e~penses save only as hereinafter
otherwise provided;
2. And that he 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 lter discretion enter and view
the state of repair;
3. And that he shall not carry on upon the said premises any business that may be
deemed a nuisance;
4. And that he shall leave the premises in good repair, reasonable wear and tear
mhd damage by fire, lightning and tempest only excepted;
5. And that he 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. And that he shall not store or keep on the premises explosives or inflsr~mmble
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. And that he 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
firehall;
8. And that he shall insure the premises at his expense against public liability
for an amount not less than $1,000,000.00 for each occurrence; and that he
shall insure the premises against fire, and such insurance shall be at the
equivalent to replacement value, and the policy shall name Her Majesty the
Queen in Right of Canada as co-beneficiary; 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 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. And that he shall not allow any ashes, refuse, garbage or other loose or
objectionable material to accumulate in or about the building, yards, driveways
or passages of the said premises, and shall at all times keep the said premises
in clean and wholesome condition, and shall, immediately before the termination
of the term hereby granted, 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. And that, 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 in execution
or attachment, or if the Tenant or any such assignee or sub-tenant shall make
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 heing
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 become subject to any legislative
enactment relating to liquidation or winding up, either voluntary or compulsory,
the said term shall immediately become forfeited amd void, and an amount equivalent
to the next ensuing three months' rent shall be at once due and payable;
11. Provided that in case physical possession of lands and premises hereby demised
should become necessary before the expiration of the term hereby granted or any
extension thereof the Landlord may, by prepaid registered notice addressed to
the Tenant, terminate this lease. Such termination shall take effect 60 days
after the date of registration of such notice in Her Majesty's mails and this
lease shall thereupon be fully determined; and the Tenant shall surrender
possession of the lands hereby demised.
-3-
12. In consideration of the foregoing and of the leasing and letting by the Landlord
to the Tenant of the premises hereby demised, the Tenant 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 at any time
during the continuance of the term 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 made by the Landlord, this covenant
and agreement may be pleaded as an estoppel against th~ Tenant in any action
brought to test the right to the levying upon any such goods as are named as
exempted in any such statute or law, the Tenant waiving, as he hereby does, all
and every benefit that could or might have accrued to him under and by virtue
of any such statute or law but for the above covenant;
13. THE SAID LANDLORD COVENANTS WITH THE SAID TENANT for quiet enjoyment, 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 supply water if the
existing supply is or becomes inadequate;
14. THE LANDLORD covenants and agrees to pay real property taxes attributable by
Her to the demised premises;
15. THE TENANT 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 demised premises, the Tenant shall pay such
increase in full upon being notified thereof, with the 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 and the remedies available to the Landlord
relating to rent herein and at law shall apply mutatis mutandis thereto;
16. The Tenant hereby acknowledges that he hms received the keys of the said premises,
which he agrees to return upon quitting the said premises;
17. The Landlord and Tenant covenant and agree that if there is any disagreement
or dispute arising out of this lease, it may be submitted for determination
by either of them to the Federal Court of Canada pursuant to Section 17(3) of
the Federal Court Act, Statutes of Canada 1970-71-72, and that any liability
hereunder by the Landlord to the Tenant will be subject to the provisions of
the Crown Liability Act, R. S. C. 1970, Chapter C-38;
18. 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 qualified
contractor who is acceptable to the Landlord, entirely at the Tenant's expense
PROVIDED that alterations, additions and improvements to heating, air conditioning,
plumbing, roof and bearing walls are prohibited unless the Landlord gives specific
written consent;
19. Provided that the Tenant may remove his fixtures if all the rent due hereunder
has been paid and such removal can be made without inj~ry or damage to the
property that cannot 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;
20. Provided that in the event of fire, lightning or tempest, rent shall cease
until the premises are rebuilt; such rebuilding shall be in the Landlord's
sole discretion;
21. Provided that, in the event of the destruction or partial destruction of the
said premises, the Landlord may declare the term hereby granted to be forthwith
terminated, and in such event rent shall be payable up to the time of such
destruction or partial destruction;
22. Provided also that during the last two months of the tenancy hereby granted,
the Tenant shall allow prospective tenants to be admitted to view the said premises
at reasonable hours any day except Sunday on producing a written order to that
effect signed by the Landlord or his agent;
23. Provided that 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 ajustment of rental shall be negotiated by
the Parties, subject to the provisions of Clause 17;
-4 -
24. Provided and 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 /n writing to the Tenant
to terminate this lease or to re-enter and take possession of the said premises
and all accrued rent shall {mmediately become due and payable.
25. Proviso for re-entry by the said Landlord on non-payment of rent or non-
performance of covenants;
26. Provided also that 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;
27. Provided that 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 {mmediately upon default being made;
28. Provided that 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 he deemed to be a Tenant from year to year but shall be
a monthly tenant only at a rental equivalent to the monthly payment of rent
herein provided for, payable in advance, and all the terms and conditions
hereof, so far as applicable, shall apply to such monthly tenancy;
29. Provided that 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 ~-~&~']'~ ~4
3O.
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 and that all covenants
herein contained shall be construed as being joint and several, and that when
the context 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;
31. The rights of the Landlord herein may be exercised by any official authorized
by the Minister of Public Works;
32. No Member of the Mouse of Commons shall be admitted to any share or part of
this Agreement or to any benefit to arise therefrom;
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 PICY~ERING
J. ANDERSON (Mayor
(Corporate
seal)
per.
B. TAYLOR (Clerk)
HER MAJESTY THE QUEEN IN ILIGHT OF CANADA
as represented by
THE MINISTER OF PUBLIC WORKS
per
E. J. Gallacher
Project Manager, Property Administration
New Toronto International Airport Project
per
C. A. Maltas
Manager, Finance and Administration
New Toronto International Airport Pro~ect
SCHEDULE A
NOT TO SCALE