HomeMy WebLinkAboutFebruary 3, 2003 Council Meeting
Agenda
Monday, February 3, 2003
7:30 P.M.
(I) ADOPTION OF MINUTES
Regular Meeting of January 20, 2003
Special Meeting of January 20, 2003
(11) PRESENTATION
Pat McNeil, Ontario Power Generation, will present the quarterly report and give
a report on the 2002 year end and 2003 upcoming programs.
(111) DELEGATIONS
Gayle Clow, 1811 Fairport Road, will address Council with respect to the Safer
Street Traffic Strategy.
A representative of the Juno Beach Centre Association will address Council with
respect to the Juno Beach Centre in France.
(IV) RESOLUTIONS PAGE
1. To adopt the Finance & Operations Committee Report dated January 1-2
27, 2003.
(V) BY-LAWS
By-law Number 6094/03
3
Being a by-law to amend By-law Number 2359/87 (Parking) to regulate
parking, standing, and stopping on highways or parts of highways under the
jurisdiction of the Corporation of the City of Pickering and on private and
municipal property.
Council Meeting
Agenda
Monday, February 3, 2003
7:30 P.M.
By-law Number 6095/03
Being a by-law to authorize the execution of a Lease Agreement between
The Corporation of the City of Pickering and T. Arnts Loam Supply Limited
respecting the use of 3,824 hectares of land located on Parts 37 and 40,
Plan 401:{-6934 (January 1, 2003 to December 31, 2004).
By-law Number 6096/03
Being a by-law to name highways or portion of highways within the
jurisdiction of the City to which a reduced load period designation applies
and to repeal By-law 5952/02.
By-law Number 6097/03
Being a by-law for the collection of taxes and to establish the installment due
dates for the Interim Levy 2003.
By-law Number 6098/03
Being a by-law to authorize staff to commence all proceedings necessary for
the acquisition of the land being Part of Water Lot 3, on Registered Plan No.
65, in the City of Pickering, Regional Municipality of Durham, also shown as
being Part 3 on Registered Plan 40R-17343.
4-19
20-35
36-38
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(VI)
1.
NOTICE OF MOTION
Moved by Councillor Pickles
Seconded by Councillor Brenner
Renovations to Union Station
To be Circulated Under Separate Cover
{vii)
1.
CONFIDENTIAL MATTERS FOR CONSIDERATION
For Council to consider a land matter. 40-42
(VIII)
PICKERING
OTHER BUSINESS
(IX) CONFIRMATION BY-LAW
Council Meeting
Agenda
Monday, February 3, 2003
7:30 P.M.
(X) ADJOURNMENT
Cite
Ol
RESOLUTION OF COUNCIL
DATE
MOVED BY
SECONDED BY
That the Report of the Finance & Operations Committee dated January 27, 2003,
be adopted.
CARRIED:
MAYOR
Appendix I
Finance & Operations Committee Report
FOC 2003-1
~That the Finance & Operations Committee, having met on January 27, presents its first
report to Council and recommends:
OPERATIONS & EMERGENCY SERVICES REPORT OES 04-03
SAFER STREETS TRAFFIC MANAGEMENT STRATEGY
That Report OES 04-03 regarding the Safer Streets Traffic Management
Strategy be received by Council; and
That the Safer Streets Traffic Management Strategy Final Report (January
2003) be endorsed as a planning and technical tool; and
That staff market and communicate the Strategy to stakeholders involved in
the process and the general public
CORPORATE SERVICES REPORT CS 03-03
2003 INTERIM LEVY AND INTERIM INSTALLMENT DUE DATES
That Report CS 03-03 of the Director, Corporate Services, regarding 2003
Interim Levy and Interim Installment Due Dates be received; and
That an interim levy be adopted for 2003 for all of the realty property classes;
and
That the interim levy installment due dates be February 26 and April 28, 2003;
and
That the Director, Corporate Services & Treasurer, be authorized to make any
changes or undertake any actions necessary, including altering due dates, in
order to ensure the tax billing process is completed; and
That the attached by-law, providing for the imposition of the taxes, be read
three times and passed by Council; and
That the appropriate City of Pickering officials be authorized to take the
necessary actions to give effect thereto.
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THE CORPORATION OF THE CITY OF PICKERING 0~ ~
BY-LAW NO. 6094/03
Being a by-law to amend By-Law Number
2359/87 (Parking) to regulate parking,
standing, and stopping on highways or parts
of highways under the jurisdiction of the
Corporation of the City of Pickering and on
private and municipal property.
WHEREAS the Council of the Corporation of the City of Pickering enacted By-Law
Number 2359/87 on January 19, 1987 to regulate parking on private and public property
in the City of Pickering; and
WHEREAS By-Law 2359/87, as amended does not provide adequate provisions to
allow for the streets to be cleared during snow and ice removal operations.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKEPJNG
HEREBY ENACTS AS FOLLOWS:
1. Section 1, sub-section (2) of By-Law Number 2359/87, is hereby amended by
adding thereto the following paragraph:
"snow clearing operations" means the application of salt, sand and/or the
plowing or removal of snow from any part of the highway";
2. Section 3, sub-section (3)(d); of By-Law Number 2359/87, is hereby amended by
deleting therefrom the following paragraph:
"in such a manner as to interfere with the movement of traffic or the clearing
of snow from the highway";
3. Section 3, sub-section (3)(d); of By-Law Number 2359/87, is hereby further
amended by adding thereto the following paragraph:
"during snow clearing operations";
4. Section 3, sub-section (3); of By-Law Number 2359/87, is hereby amended by
adding thereto the following paragraph:
"in such a manner as to interfere with the movement of traffic";
BY-LAW read a first, second and third time and finally passed this 3rd day of February
2003.
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
04
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. §095103
Being a by-law to authorize the execution of a
Lease Agreement between The Corporafion of
the City of Picketing and T. Amts Loam
Supply Limited respecting the use of 3.824
hectares of land located on Parts 37 and 40,
Plan 40R-6934 (January 1, 2003 to December
31, 2004).
WHEREAS the City owns 3.824 hectares of land located on Parts 37 and 40, Plan 40R-
6934 in the City of Pickering; and
WHEREAS T. Arnts Loam Supply Limited has used the 3.824 hectares of land located
on Parts 37 and 40, Plan 40R-6934 for the purpose of carrying on a business of the
storage, sale and supply of topsoil, pavers and related products.
NOW THEREFORE, the Council of the Corporation of the City of Pickering HEREBY
ENACTS AS FOLLOWS:
The Mayor and Clerk are hereby authorized to execute an Agreement, in the
form attached hereto as Schedule A, between The Corporation of the City of
Pickering and T. Arnts Loam Supply Limited for the period January 1, 2003 to
December 31,2004, inclusive.
BY-LAW read a first, second and third time and finally passed this 3rd day of February,
2003.
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
~ ATTACHHENT#. o?-.. ..... TOi~POi[T# oe,~
Iof I
OPERATIONS & EMERGENCY
SERVICES DEPARTMENT
MUNICIPAL PROPERTY & LEASE AGREEMENT
ENGINEERING DIVISION
,c~: ,:zsoo f,~",;,'~UARY ,o,2ooa ARNTS LOAM SUPPLY PI(2K EREXIG
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THIS LEASE made pursuant to the provisions of subsection 191(1) of the Municipal
Act, R.S.O. 1990, chapter M.45, as of the 1st day of January, 2003,
BETWEEN:
THE CORPORATION OF THE CITY OF PICKERING
herein called the "Landlord"
OF THE FIRST PART,
- and -
T. ARNTS LOAM SUPPLY LIMITED
herein called the "Tenant"
OF THE SECOND PART.
In consideration of the rents, covenants and agreements herein contained the Landlord
and the Tenant agree as follows:
LEASE AND TERM
The Landlord hereby leases to the Tenant those lands consisting of 3.824
hectares of rentable area located in Lot 19, Concession 3, Pickering, and
comprising that part of Parts 37 and 40, Plan 40R-6934, diagOnally hatched on
the sketch attached hereto as Schedule A (herein called the "Premises',), for a
term (herein called the "Term") commencing on the 1st day of January, 2003 and
expiring on the 31st day of December, 2004, unless the Term is earlier
terminated.
RENT
(1)
The amount of the rent payable by the Tenant to the Landlord yearly and
every year during the Term is $19,000 payable in 12 equal monthly
installments of $1,583.33, plus realty taxes and any other applicable
taxes.
(2) Place and Manner of Payment
Each payment of rent shall be paid by the Tenant to the Landlord in
advance, on the first day of the month, in lawful money of Canada, at the
address of the Landlord set out in section 14 or at such other place as the
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Landlord shall from time to time designate, and the Landlord may require
the Tenant to provide post-dated cheques for this purpose.
GENERAL COVENANTS
(1) The Landlord covenants with the Tenant:
(a) for quiet enjoyment; and
(b) to observe and perform all covenants and obligations of the
Landlord herein.
(2) The Tenant covenants with the Landlord:
(a)
(b)
to pay rent; and
to observe and perform all covenants and obligations of the Tenant
herein.
USE AND OCCUPANCY OF PREMISES
The Tenant covenants with the Landlord:
(a) Required and Prohibited Uses
To use the Premises only for the purpose of carrying on the business of
the storage, sale and supply of topsoil, sand, stone, pavers and related
products;
(b) Conduct of Business
To carry on the business described in subclause (a) on the Premises in a
reputable manner and in compliance with all the provisions of this Lease;
(c) Hours of Operation and Illumination
To carry on the business only between the hours of 5:30 a.m. and 12:00
midnight, local time, and not to illuminate any sign or any part of the
Premises not contained within a building or structure, except for security
purposes, between 12:01 a.m. and 5:30 a.m., local time;
(d) Business Name
To carry on business on the Premises under the name and style of T.
Amts Loam Supply and under no other name or style unless approved in
writing by the Landlord;
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(e) Appearance, etc. of Premises
To maintain and operate the Premises so that they shall always be of
good appearance and suitable for the proper operation of the business
required to be carried on therein and comparable with the standards of the
best such business, and in so doing, to keep the Premises orderly, tidy,
clean and clear of all refuse;
(f) By-Laws
To comply at its own expense with all municipal, federal and provincial
sanitary, fire and safety laws, regulations and requirements pertaining to
the occupation and use of the Premises, the condition of the Leasehold
Improvements, trade fixtures, furniture and equipment installed by or on
behalf of the Tenant therein and the making by the Tenant of any repairs,
changes or improvements therein.
5. TAXES
(1) Payment by Tenant
The Tenant covenants with the Landlord to pay promptly when due to the
taxing authority or authorities having jurisdiction all taxes, rates, duties,
levies and assessments whatsoever, whether municipal, parliamentary or
otherwise, levied, imposed or assessed in respect of the Premises and
any and every business carried on in the Premises by the Tenant, or in
respect of the use or occupancy thereof (including licence fees and
including, without limitation, any G.S.T. and realty taxes which may be
applicable).
6. LICENCES, ASSIGNMENT AND SUBLETTING
(1) Licences
The Tenant shall not permit any part of the Premises to be used or
occupied by any persons other than the Tenant and the employees of the
Tenant, or permit any part of the Premises to be used or occupied by any
licensee or concessionaire, or permit any persons to be upon the
Premises other than the Tenant, its employees, customers and others
having lawful business with it.
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(2)
Assi.qnment and Subletting
The Tenant shall not assign this Lease or sublet all or any part of the
Premises.
SIGNS
The Tenant shall be permitted to maintain an identification sign at or near the
frontage of the Premises on Brock Road. Such sign shall contain only the name
or style under which the Tenant is required to carry on business under the
provisions of this Lease unless the Landlord shall otherwise approve in writing,
and the sign including the size, location, arrangement and type of lettering, its
colour, illumination and all its other appearance and design features shall be
subject to the prior written approval of the Landlord. Otherwise, except with the
prior written consent of the Landlord, the Tenant shall not paint, display, inscribe,
place or affix any sign, symbol, notice, lettering or display of any kind anywhere
outside the Premises or within the Premises so as to be visible from the outside
of the Premises with the exception of lawful signs erected on the Tenant's lands
adjacent to the Premises. Should the Landlord at any time object to any sign,
symbol, notice, lettering or display either affixed to or visible from the outside of
the Premises, the Tenant shall remove the same forthwith upon request.
LEASEHOLD IMPROVEMENTS AND TRADE FIXTURES
(1) Definition of Leasehold Improvements
For purposes of this Lease, the term "Leasehold Improvements" includes
without limitation all fixtures, improvements, installations, alterations and
additions from time to time made, erected or installed by or on behalf of
the Tenant in or on the Premises, and whether or not moveable, with the
exception of trade fixtures and furniture and equipment not of the nature
of fixtu res.
(2) Installation of Improvements and Fixtures
The Tenant shall not make, erect, install or alter any Leasehold
Improvements or trade fixtures, including lighting, in or on the Premises
without having first obtained the Landlord's written approval. The Tenant's
request for any approval hereunder shall be in writing and accompanied
by an adequate description of the contemplated work and, where
appropriate, working drawings and specifications thereof. All work to be
performed in the Premises shall be performed by competent contractors
and subcontractors of whom the Landlord shall haVe approved, such
approval not to be unreasonably withheld. All such work shall be subject
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to inspection by and the reasonable supervision of the Landlord, and shall
be performed in accordance with any reasonable conditions or regulations
imposed by the Landlord and completed in a good and workmanlike
manner in accordance with the description of work approved by the
Landlord.
(3) Liens and Encumbrances on Improvements and Fixtures
In connection with the making, erection, installation or alteration of
Leasehold Improvements and trade fixtures and all other work or
installations made by or for the Tenant in or on the Premises, the Tenant
shall comply with all the provisions of the Construction Lien Act, and other
statutes from time to time applicable thereto, including any provision
requiring or enabling the retention by way of hold-back of portions of any
sums payable, and except as to any such hold-back shall promptly pay all
accounts relating thereto. The Tenant shall not create any mortgage,
conditional sale agreement or other encumbrance in respect of its
Leasehold Improvements or, without the consent of the Landlord, with
respect to its trade fixtures nor Shall the Tenant take any action as a
consequence of which any such mortgage, conditional sale agreement or
other encumbrance would attach to the Premises or any part thereof. If
and whenever any mechanics' or other lien for work, labour, services or
materials supplied to or for the Tenant or for the cost of which the Tenant
may be in any way liable or claims therefore shall arise or be filed or any
such mortgage, conditional sale agreement or other encumbrance shall
attach, the Tenant shall within twenty (20) days after receipt of notice
thereof procure the discharge thereof, including any certificate of action
registered in respect of any lien, by payment or giving security or in such
other manner as may be required or permitted by law, and failing which
the Landlord may in addition to all other remedies hereunder avail itself of
its remedy under section 12 hereof and may make any payments required
to procure the discharge of any such liens or encumbrances, shall be
entitled to be reimbursed by the Tenant as provided in section 12, and its
right to reimbursement shall not be affected or impaired if the Tenant shall
then or subsequently establish or claim that any lien or encumbrance so
discharged was without merit or excessive or subject to any abatement,
set-off or defence. This subsection shall not prevent the Tenant from
mortgaging or encumbering its chattels, furniture or equipment not of the
nature of fixtures.
(4) Removal of Improvements and Fixtures
All Leasehold Improvements, trade fixtures, furniture and equipment shall
be removed by the Tenant from the Premises either during or at the
expiration or sooner termination of the Term.
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The Tenant shall, in the case of every removal either during or at the end
of the Term, make good at the expense of the Tenant any damage
caused to the Premises by the installation and removal.
INSURANCE AND LIABILITY
(1) Tenant's Insurance
The Tenant shall take out and keep in force during the Term:
(a)
comprehensive insurance of the type commonly called general
public liability, which shall include coverage for personal liability,
contractual liability, tenants' legal liability, non-owned automobile
liability, bodily injury, death and property damage, all on an
occurrence basis with respect to the business carried on in or from
the Premises and the Tenant's use and occupancy of the
Premises, with coverage for any one occurrence or claim of not
less than Five Million Dollars ($5,000,000), or such other amount
as the Landlord may reasonably require upon not less than six
months notice at any time during the Term, which insurance shall
include the Landlord as a named insured and shall protect the
Landlord in respect of claims by the Tenant as if the Landlord were
separately insured; and
(b)
insurance against such other perils and in such amounts as the
Landlord may from time to time reasonably require upon not less
than 90 days written notice, such requirement to be made on the
basis that the required insurance is customary at the time for
prudent tenants of similar properties.
All insurance required to be maintained by the Tenant hereunder shall be
on terms and with insurers to which the Landlord has no reasonable
objection. Each policy shall contain a waiver by the insurer of any rights of
subrogation or indemnity or any other claim over to which the insurer
might otherwise be entitled against the Landlord or the agents or
employees of the Landlord, and shall also contain an undertaking by the
insurer that no material change adverse to the Landlord or the Tenant will
be made, and ,the policy will not lapse or be cancelled, except after not
less than thirty days written notice to the Landlord of the intended change,
lapse or cancellation. The Tenant shall furnish to the Landlord, if and
whenever requested by it, certificates or other evidences acceptable to
the Landlord as to the insurance from time to time effected by the Tenant
and its renewal or continuation in force, together with evidence as to the
method of determination of full replacement cost of the Tenant's
Leasehold Improvements, trade fixtures, furniture and equipment, and if
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(2)
(3)
the Landlord reasonably concludes that the full replacement cost has
been underestimated, the Tenant shall forthwith arrange for any
consequent increase in coverage required hereunder. If the Tenant shall
fail to take out, renew and keep in force such insurance, or if the
evidences submitted to the Landlord pursuant to the preceding sentence
are unacceptable to the Landlord or no such evidenceS are submitted
within a reasonable period after request therefore by the Landlord, then
the Landlord may give to the Tenant written notice requiring compliance
with this section and specifying the respects in which the Tenant is not
then in compliance with this section . If the Tenant does not, within 72
hours or such lesser period as the Landlord may reasonably require
having regard to the urgency of the situation, provide appropriate
evidence of compliance with this section, the Landlord may, but shall not
be obligated to, obtain some or all of the additional coverage or other
insurance which the Tenant shall have failed to obtain, without prejudice
to any other rights of the Landlord under this Lease or otherwise, and the
Tenant shall pay all premiums and other expenses incurred by the
Landlord in that connection as additional rent pursuant to section 12
hereof.
Limitation of Landlord's Liability
The Landlord shall not be liable for any bodily injury or death of, or loss or
damage to any p'roperty belonging to the Tenant or its employees, invitees
or licensees or any other person in, or about the Premises.
Indemnity of Landlord
The Tenant shall indemnify and save harmless the Landlord in respect of:
(a)
all claims for bodily injury or death, property damage or other loss
or damage arising from the conduct of any work by or any act or
omission of the Tenant or any agent, employee, contractor, invitee
or licensee of the Tenant, and in respect of all costs, expenses and
liabilities incurred by the Landlord in connection with or arising out
of all such claims, including the expenses of any action or
proceeding pertaining thereto;
(b)
any loss, cost, expense or damage suffered or incurred by the
Landlord arising from any breach by the Tenant of any of its
covenants and obligations under this Lease; and
(c)
all costs, expenses and reasonable legal fees that may be incurred
or paid by the Landlord in enforcing against the Tenant the
covenants, agreements and representations of the Tenant set out
in this Lease.
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10.
ACCESS OF LANDLORD
(1) Inspection and Access
The Landlord shall be permitted at any time and from time to time to enter
and to have its authorized agents, employees and contractors enter the
Premises for the purposes of inspection, maintenance or making repairs,
and the Tenant shall provide free and unhampered access for the
purpose, and shall' not be entitled to compensation for any inconvenience,
nuisance or discomfort caused thereby, but the Landlord in exercising its
rights hereunder shall proceed to the extent reasonably possible so as to
minimize interference with the Tenant's use and enjoyment of the
Premises.
(2) Exhibitinq Premises
The Landlord and its authorized agents and employees shall be permitted
entry to the Premises during the last six (6) months of the Term for the
purpose of exhibiting them to prospective tenants.
11.
DELAY AND NON-WAIVER
(1) Unavoidable Delay
Except as herein otherwise expressly provided, if and whenever and to
the extent that either the Landlord or the Tenant shall be prevented,
delayed or restricted in the fulfillment of any obligation hereunder in
respect of the making of any repair, the doing of any work or any other
thing, other than the payment of rent or other monies due, by reason of:
(i) strikes or work stoppages;
(ii)
inability to obtain any material, service, utility or labour required to
fulfill such obligation;
any statute, law or regulation of, or inability to obtain any
permission from, any government authority having lawful
jurisdiction preventing, delaying or restricting such fulfillment; or
(iv) other avoidable occurrence,
the time for fulfillment of such obligation shall be extended during the
period in which such circumstance operates to prevent, delay or restrict
the fulfillment thereof, and the other party shall not be entitled to
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(2)
compensation for any inconvenience, nuisance or discomfort thereby
occasioned.
Waiver
If either the Landlord or the Tenant shall overlook, excuse, condone or
suffer any default, breach or non-observance by the other of any
obligation hereunder, this shall not operate as a waiver of such obligation
in respect of any continuing or subsequent default, breach or non-
observance, and no such waiver shall be implied but shall only be
effective if expressed in 'writing.
12.
REMEDIES OF LANDLORD
(1)
In addition to all rights and remedies of the Landlord available to it in the
event of any default hereunder by the Tenant through improper
compliance or non-compliance with any obligation arising either under this
or any other provision of this Lease or under statute or the general law the
Landlord:
(a)
shall have the right at all times to remedy or attempt to remedy any
default of the Tenant, and in so doing may make any payments
due or alleged to be due by the Tenant to third parties and may
enter upon the Premises to do any work or other things therein,
and in such event all expenses of the Landlord in remedying or
attempting to remedy such default shall be payable by the Tenant
to the Landlord as additional rent forthwith upon demand.
(b)
shall have the same rights and remedies in the event of any non-
payment by the Tenant of any amounts payable by the Tenant
under any provision of this Lease as in the case of a non-payment
of rent; and
(c)
if the Tenant shall fail to pay any rent or other amount from time to
time payable by it to the Landlord hereunder promptly when due,
shall be entitled, if it shall demand it, to interest thereon at a rate of
three Per cent (3%) per annum in excess of the minimum lending
rate to prime commercial borrowers from time to time current at the
City's bank from the date upon which the same was due until I
actual payment thereof.
(2) Remedies Cumulative
The Landlord may from time to time resort to any or all of the rights and
remedies available to it in the event of any default hereunder by the
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(3)
(4)
(5)
Tenant, through improper compliance or non-compliance with any
obligation arising either under any provision of this Lease or under statute
or the general law, all of which rights and remedies are intended to be
cumulative and not alternative, and the express provisions hereunder as
to certain rights and remedies are not to be interpreted as excluding any
other or additional rights and remedies available to the Landlord by statute
or the general law.
Right of Re-Entry on Default or Termination
If and whenever the rent hereby reserved or other monies payable by the
Tenant or any part thereof shall not be paid on the day appointed for
payment thereof, whether lawfully demanded or not, and the Tenant shall
have failed to pay such rent or other monies within five (5) business days
after the Landlord shall have given to the Tenant notice requiring such
payment, or if the Tenant shall breach or fail to observe and perform any
of the covenants, agreements, provisos, conditions and other obligations
on the part of the Tenant to be kept, observed or performed hereunder, or
if this Lease shail have become terminated pursuant to any provision
hereof, or if the Landlord shall have become entitled to terminate this
Lease and shall have given notice terminating it pursuant to any provision
hereof, then and in every such case it shall be lawful for the Landlord
thereafter to enter into and upon the Premises or any part thereof in the
name of the whole and the same to have again, repossess and enjoy as
of its former estate, anything in this Lease contained to the contrary
notwithstanding.
Termination and Re-Entry
If and whenever the Landlord becomes entitled to re-enter upon the
Premises under any provision of this Lease the Landlord, in addition to all
other rights and remedies, shall have the right to terminate this Lease
forthwith by leaving upon the Premises notice in writing of such
termination.
Payment of Rent, etc. on Termination
Upon the giving by the Landlord of a notice in writing terminating this
Lease, whether pursuant to this or any other provision of this Lease, this
Lease and the Term shall terminate, rent and any other payments for
which the Tenant is liable under this Lease shall be computed, appor-
tioned and paid in full to the date of such termination, and the Tenant
shall immediately deliver up possession of the Premises to the Landlord,
and the Landlord may re-enter and take possession of them.
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13.
IMPROPER USE OF PREMISES; BANKRUPTCY
(1) Bankruptcy, etc.
In case without the written consent of the Landlord the Premises shall be
used by any other persons than the Tenant or for any purpose other than
that for which they were leased, or occupied by any persons whose
occupancy is prohibited by this Lease, or if the Premises shall be vacated
or abandoned, or remain unoccupied for fifteen (15) days or more while
capable of being occupied; or if the balance of the Term or any of the
goods and chattels of the Tenant shall at any time be seized in execution
or attachment, or if the Tenant shall make any assignment for the benefit
of creditors or any bulk sale, become bankrupt or insolvent or take the
benefit of any statute now or hereafter in force for bankrupt or insolvent
debtors, then in any such case the Landlord may at its option terminate
this Lease by leaving upon the Premises notice in writing of such ter-
mination and thereupon, in addition to the payment by the Tenant of rent
and other payments for which the Tenant is liable under this Lease, rent
for the current month and the next ensuing three (3) months shall imme-
diately become due and paid by the Tenant.
14. MISCELLANEOUS .PROVISIONS
(1) Registration of Lease
this Lease.
Neither the Tenant nor the Landlord shall register this Lease or a notice of
(2) Lease Constitutes Entire Aqreement
There are no covenants, representations, warranties, agreements or
conditions express or implied, collateral or otherwise forming part of or in
any way affecting or relating to this Lease save as expressly set out in this
Lease; this Lease constitutes the entire agreement between the Landlord
and the Tenant and may not be modified except as herein explicitly
provided or except by agreement in writing executed by the Landlord and
the Tenant.
(3) Notices
Any notice required or contemplates by any provision hereof shall be given in writing,
and
(a)
if to the Landlord, either delivered to the City Clerk personally or
mailed by prepaid registered mail addressed to the City Clerk at
13
ATTACHMENT# 3 TO REPORT# OES 03-03
14 of 15
15.
Pickering Civic Complex, One The Esplanade, Pickering, Ontario
L1V 6K7; and
(b)
if to the Tenant, either delivered to Michael Arnts or Theodorus
Arnts, Jr., personally or mailed by prepaid registered mail
addressed to T. Arnts Loam Supply Limited at Brock Road North,
R. R. #1, Pickering, Ontario L1V 2P8.
Every such notice shall be deemed to have been given when delivered or,
if mailed as aforesaid, upon the day after the day it is mailed. Either party
may from time to time by notice in writing to the other, designate another
address in Canada as the address to which notices are to be mailed to it.
(4) Interpretation
All of the provisions of this Lease are to be construed as covenants and
agreements as though words importing such covenants and agreements
were used in each separate provision hereof, and the captions appearing
for the provisions of this Lease have been inserted as a matter of
convenience and for reference only and in no way define, limit or enlarge
the scope or meaning of this Lease or of any provision hereof.
(5) Extent of Lease Obliqations
This Lease and everything herein contained shall enure to the benefit of
and be binding upon the respective heirs, executors, administrators and
other legal representatives, as the case may be, of each party hereto, and
every reference herein to any party hereto shall include the heirs,
executors, administrators, and other legal representatives of such party.
RIGHT OF FIRST REFUSAL
The Tenant herein acknowledges that, notwithstanding the provisions of Section
14 of the Lease Agreement for the "Premises" made between the Landlord and
the Tenant dated February 9, 1984, there is no right of first refusal in favour of
the Tenant with respect to the Premises herein and the parties agree that the
said provisions of Section 14 of the 1984 Lease are of no force and effect, and
the Tenant releases any claims against the Landlord in respect thereof.
14
18
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15 of 15
IN WITNESS WHEREOF the Parties hereto have hereunto affixed their respective
Corporate Seals attested to by the hands of their authorized officers.
SIGNED, SEALED AND DELIVERED
THE CORPORATION OF THE CITY OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
T. ARNTS LOAM SUPPLY LIMITED
Michael Arnts, President
Theodorus Arnts, Jr., Vice-president
15
SCHEDULE
/
/.
//
All dimensions shown are in metres
Not to scale /
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. ~9~./n3
Being a by-law to name highways or portion
of highways within the jurisdiction of the City
to which a reduced load period designation
applies and to repeal By-law 5952/02.
WHEREAS pursuant to the Highway Traffic Act, R.S.O. 1990 chapter 11.8 section
122(7), or a predecessor thereof, the Council of the Corporation of the City of Picketing
enacted By-law 4399/94 designating the date on which a reduced load period shall start
or end and the highway or portion thereof under its jurisdiction to which the designation
applies.
AND WHEREAS, new streets have been created which require the designation of a
reduced load period;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
For the purpose of subsections (1), (2) and (3) of section 122 of the Highway
Traffic Act, R.S.O. 1990, Chap. 11.8 the reduced load period shall be that period
commencing on March 1st of each year and ending on April 30th, both inclusive,
of each year.
The highways to which the reduced load period designation applies shall be
those highways or portions thereof as set out in Schedule A attached hereto.
By-law 5952/02 is repealed.
BY-LAW read a first, second and third time and finally passed this 3rd day of February,
2003.
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
ATTACHMENT # I TO REPORT # OES 05-03
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21
SCHEDULE A
REDUCED LOAD DESIGNATIONS
ITEM COLUMN 1 HIGHWAY
NO:
1. ABBEY ROAD
2. ABBOTT CRESCENT
3. ABERFOYLE COURT
4. ABINGDON COURT
5. ACORN LANE
6. ADA COURT
7. ALANBURY CRESCENT
8. ALBACORE MANOR
9. ALDER COURT
10. ALDERWOOD PLACE
11. ALLIANCE ROAD
12. ALPINE LANE
13. ALTONA ROAD (SOUTH OF KINGSTON ROAD)
14. ALWIN CIRCLE
15. ALYSSUM STREET
16. AMARETTO AVENUE
17. AMBERLEA ROAD
18. AMBERWOOD CRESCENT
19. ANNAN WOODS DRIVE
20. ANNLAND STREET
21. ANTHONY COURT
22. ANTON SQUARE
23. ANTONIO STREET
24. APPLEVIEW ROAD
25. ARATHORN COURT
26. ARCADIA SQUARE
27. ARIEL CRESCENT
28. ASHFIELD COURT
29. ASHFORD DRIVE
30. ASHWOOD GATE
31. ASPEN ROAD
32. ATWOOD CRESCENT
33. AUDLEY ROAD
34. AUTUMN CRESCENT
.35. AVONMORE SQUARE
36. BAGGINS STREET
37. BAINBRIDGE DRIVE
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ITEM COLUMN I:HI:GHWAY
NO, , : :
38. BALATON AVENUE
39. BALSAM ROAD
40. BANBURY COURT
41. BARBER STREET
42. BARCLAY STREET
43. BARNWOOD SQUARE
44. BARRY DRIVE
45. BATORY AVENUE
46. BAYFIELD STREET ...... ,
47. BAYLAWN DRIVE
48. BAYSHORE COURT
49. BAYVlEW AVENUE
50. BEACHPOINT PROMENADE
51. BEARE COURT
52. BEATON WAY
53. BECKWORTH SQUARE
54. BEECHLAWN DRIVE
55. BEGLEY STREET
56. BELINDA COURT
57. BELLA VISTA DRIVE
58. BEM AVENUE
59. BENEDICTINE COURT
60. BENTLEY LANE
61. BENTON CRESCENT
62. BICROFT COURT
63. BIRCHWOOD COURT
64. BLAIRWOOD COURT
65. BLOOMFIELD COURT
66. BLUE RIDGE CRESCENT
67. BONITA AVENUE
68. BOVlNGDON PLACE
69. BOWLER DRIVE
70. BOXWORTH PLACE
71. BOYNE COURT
72. BRAEBURN CRESCENT
73. BRAMBLEWOOD COURT
74. BRANDS COURT
75. BREDA AVENUE
76. BREEZY DRIVE
77. BRIAN COURT
78. BRIAR WOOD GATE
79. BRIDGE GATE CRESCENT
80. BRIDLE PATH CIRCLE
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23
ITEM :COLUMN 1 HIGHWAY
NO~ :
81, BRIMWOOD COURT
82. BRIXTON LANE
83. BROADGREEN STREET
84. '~ BROADOAK CRESCENT
85. BROADVIEW STREET
86. BROCK ROAD (CLAREMONT)
87. BRONTE SQUARE
88. BRONWEN LANE
89. BROOKRIDGE GATE
90. BROOKSHIRE SQUARE
91. BROUGHAM ROAD
92. BROWNING AVENUE
93. BUENAVISTA DRIVE
94. BUNDY STREET
95. BURNSIDE DRIVE
96. BUSHMILL STREET
97. BUTTERNUT COURT
98. BYRON STREET
99. CALLAHAN STREET
100. CALVINGTON DRIVE
101. CANBOROUGH CRESCENT
102. CANSO DRIVE
103. CANTERBURY CRESCENT
104. CARMELLO COURT
105. CASTLE STREET
106. CATTAIL COURT
107. CECYLIA COURT
108. CEDARCROFT CRESCENT
109. CEDARWOOD COURT
110. CHANTILLY ROAD
111. CHAPLEAU DRIVE
112. CHAPMAN COURT
113. CHARLOTTE CIRCLE
114. CHARNWOOD COURT
115. CHARTWELL COURT
116. CHERRYWOOD AVENUE
117. CHICKADEE COURT
118. CHIPMUNK STREET
119. CHIRON CRESCENT
120. CHURCH STREET
121. CHURCHWIN STREET
122. CLAREMONT STREET
123. CLEARSIDE COURT
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ITEM COLUMN 1 HIGHWAY
124. CLIFFVlEW ROAD
125. CLOUDBERRY COURT
126. COBBLER'S COURT
127. COGNAC CRESCENT
128. COLMAR AVENUE
129. COLONIAL STREET
130. COMMERCE STREET
131. CONACHER CRESCENT
132. CONC. RD. 3 (EAST OF BROCK ROAD TO AJAX & DIXIE ROAD T° ....
' TORONTO-PICKERING TOWNLINE)
133. CONC. RD. 4 (WEST OF ROSEBANK ROAD TO MARKHAM PICKERING
TOWNLINE & EAST OF DURHAM REGIONAL ROAD 4)
134. CONC.5 (FROM SIDELINE 16 EAST TO SIDELINE 4 ROAD)
135. CONC. RD. 6 (FROM HWY 7. EAST TO HWY 7)
136. CONC. RD. 7 (FROM BROCK ROAD WEST TO MARKHAM PICKERING
TOWNLINE & WESTNEY ROAD EAST TO LAKE RIDGE ROAD)
137. CONC. RD.,8
138. COLLINGSBROOK COURT
139. CONMARA AVENUE
140. COPLEY STREET
141. CORNELL COURT
142. CORTEZ AVENUE
143. COTTONWOOD CIRCLE
144. COUNTRY LANE
145, COWAN CIRCLE
146. CRAIGHURST COURT
147. CREEKVIEW CIRCLE
148. CRICKET LANE
149. CROSSING COURT
150. CULROSS AVENUE
151. DAHLIA CRESCENT
152. DALEWOOD DRIVE
153. DARWIN DRIVE
154. DAVID STREET
155. DAVIDSON STREET
156. DAYLIGHT COURT
157. DEERBROOK DRIVE
158. DEERHAVEN LANE
159. DEERHURST COURT
160. DELLBROOK AVENUE
161. DENBY DRIVE
162. DENCOURT DRIVE
163. DENMAR ROAD
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ITEM CO,bUMN 1 HIGHWAY
NO.
164. DENVALE DRIVE
165. DIEFENBAKER COURT
166. DIXIE ROAD (FROM FINCH AVENUE NORTH TO THE 3~u CONCESSION
ROAD)
167, DONNALEA AVENUE
168. DOUGLAS AVENUE
169. DOW STREET
170. DOWNLAND DRIVE
171. DP, AVA STREET
172. DREYBER COURT
173. DRIFTWOOD COURT
174. DUBERRY DRIVE
175. DUNBARTON ROAD
t76. DUNCANNON DRIVE
177. DUNCHURCH STREET
178. DUNFAIR STREET
179. DUNN CRESCENT
180. DYSON ROAD
181. EAGLEVIEW DRIVE
182. EASTBANK ROAD
183. ECHO POINT COURT
184. EDGE LANE
185. EDGEWOOD ROAD
186. EDMUND DRIVE
187. iELVIRA COURT
188. ENGEL COURT
189. ERAMOSA CRESCENT
190. ERIN GATE BOULEVARD
191. ESCOTT COURT
192. ESSA CRESCENT
193. EVELYN AVENUE
194. EVERTON STREET
195. EYER DRIVE
196. FACTORY STREET
197. FAIRFIELD CRESCENT
198. FAIRPORT ROAD
199. FAIRVIEW AVENUE
200. FALCONCREST DRIVE
201. FALCONWOOD WAY
202. FANSHAW PLACE
203. FAWNDALE ROAD
204. FAYLEE CRESCENT
205. FERNAM STREET
I:\COUNCIL\OES 05-03.doc Jan,-03 .
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ITEM :COLUMN 1 HIGHWAY
NO.
206. FERNCLIFF CIRCLE
207. FIDDLERS COURT
208. FIELDLIGHT BOULEVARD
209. FIELDSTONE CIRCLE
210. FINCH AVENUE (FROM BROCK ROAD TO EAST TERMINUS & FROM
ALTONA ROAD WEST TO TORONTO PICKERING TOWNLINE)
211. FLAVELLE COURT
212. FOLEYET CRESCENT
213. FORBROCK STREET
214. FORDON AVENUE
215. FOREST PARK DRIVE
216. FORESTSTREAM TRAIL
217. FORESTVlEW DRIVE
218. FOSTER COURT
219. FOXGLOVE AVENUE
220. FOXWOOD TRAIL
221. FRANKLIN STREET
222. FRISCO STREET
223. FRONT STREET
224. FRONTIER COURT
225. FUSCHIA LANE
226. GABLEHURST CRES
227. GALLANT COURT
228. GANDALF COURT
229. GARDENVIEW SQUARE
230. GARLAND CRESCENT
231. GARVOLIN AVENUE
232. GETA CIRCLE
233. GILLMOSS ROAD
234. GLADSTONE STREET
235. GLEN EDEN COURT
236. GLENANNA ROAD (FROM KINGSTON ROAD WEST TO FAIRPORT
ROAD)
237. GLENDALE DRIVE
238. GLENGROVE ROAD
239. GLENVIEW ROAD
240. GLOUCESTER SQUARE
241. GOLDENRIDGE ROAD
242. GOLF CLUB ROAD
243. GOSSAMER DRIVE
244. GRACELAND COURT
245. GRAYABBEY COURT
246. GRAFTON COURT
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2?
IT. EM COLUMN 1' HI:G:HWAY
NQ~
247. GRANBY COURT
248. GREENBURN PLACE
249. GREENMOUNT STREET
250. GREENRIDGE DRIVE
251. GREENVALE CRESCENT
252. GREENWOOD ROAD
253. GRENOBLE BOULEVARD
254. GREYCOAT LANE
255. GROVEDALE COURT
256. GUILD ROAD (FROM 45 METRES NORTH OF KINGSTON ROAD TO
FINCH AVENUE) ....
257, GWENDOLYN STREET
258. HADRIAN COURT
259. HALLER AVENUE
260.. HALSEY LANE
261. HAMPTON COURT
262. HANWORTH COURT
263. HARROWSMITH COURT
264. HARVEST DRIVE
265. HEATHSIDE CRESCENT
266. HEDGEROW PLACE
267, HELEN CRESCENT
268. HELM STREET
269. HENRY STREET
270. HENSALL COURT
271. HESKA ROAD
272. HEWSON DRIVE
273. HIGHBUSH TRAIL
274. HIGHVIEW ROAD
275. HILLCREST ROAD
276. HILLVIEW CRESCENT
277. HOGARTH STREET
278. HOLBROOK COURT
279. HOLLYHEDGE DRIVE
280. HONEYWOOD CRESCENT
281. HOOVER DRIVE
282. HOUSTON COURT
283. HOWELL CRESCENT
284. I HOXTON STREET
285. HUMMINGBIRD COURT
286. HUNTSMILL DRIVE
287. ILONA PARK ROAD
288. .: INGRID ROAD ....
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ITEM COLUMN 1 HIGHWAY
NO.
289. JACQUELINE AVENUE
290. JAYWlN CIRCLE
291. JODREL ROAD
292. JOHN STREET
293. JOMAR AVENUE'
294. JOSEPH STREET
295. KATE'S LANE
296. KELLINO STREET
297. KELVINWAY LANE
298. KIMTON COURT
299. KINGFISHER DRIVE
300. KINSALE ROAD
301. KIRKWOOD LANE
302. KITLEY AVENUE
303. KODIAK STREET ,",,
304. KROSNO BOULEVARD
305. LAMOUR ROAD
306. LANCREST STREET
307. LANE STREET
308. LARKSMERE COURT
309. LAURIER CRESCENT
310. LAWSON STREET
311. LAYTON COURT
312. LEASlDE STREET
313. LIGHTFOOT PLACE
314. LINWOOD STREET
315. LISTOWELL CRESCENT
316. LITTLEFORD STREET
317. LIVERPOOL RD (FROM FINCH AVENUE TO NORTH TERMINUS &
BAYLY ST TO SOUTH TERMINUS)
318. LIVINGSTON STREET
319. LODGE ROAD
320. LONGBOW DRIVE
321. LORN STREET
322. LUBLIN AVENUE
323. LUNA COURT
324. LUTTERWORTH COURT
325. LYDIA CRESCENT
326. LYNMAR COURT
327. LYNN HEIGHTS DRIVE
328. LYNX AVENUE
329. LYTTON COURT I
330. t MADONNA COURT
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ITEM ;CQL, UMN 1' HIGHWAY
· I
NO~
331. MAITLAND DRIVE
332. MAJOR OAKS ROAD
333. MALDEN CRESCENT .....
334. MAPLE AVENUE
335. MAPLE GATE ROAD
336. MAPLE HILL COURT
337. MAPLE RIDGE DRIVE
338. MAPLEVlEW COURT ,I
339. MARINET CRESCENT
340. MARKHAM - PICKERING TOWNLINE
341. MARKSBURY ROAD
342. MARSHCOURT DRIVE
343. MARTINS ROAD
344. MAURY CRESCENT
345. MCBRADY CRESCENT
346. MCLEOD CRESCENT
347. MEADOWLANE CRESCENT
348. MEADOWRIDGE CRESCENT
349. MEADOWVIEW AVENUE
350. MELDRON DRIVE
351. MELMAN STREET
352. MEMORY LANE
353. MERIADOC DRIVE
354. MERRITTON ROAD
355. MIDDLETON STREET
356. MILL STREET
357. MILLBANK ROAD
358. MINK STREET
359. MINSTREL MANOR
360. MIRANDA COURT
361. MIRIAM ROAD
362. MODLIN ROAD
363. MONICA COOK PLACE
364. MONTCLAIR LANE . I
365. MONTEAGLE LANE
366. MONTGOMERY PARK RD (FROM SUSAN DRIVE EAST TO FRISCO
ROAD)
367. MOORELANDS CRES
368. MORDEN LANE
369. MORETTA AVENUE
370. MOSSBROOK SQUARE
371. MOUNTAIN ASH DRIVE '
372. MOUNTCASTLE CRESCENT
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ITEM COLUMN 1 HIGHWAY
NO,
373. MULBERRY LANE
374. MULMUR COURT
375. NAPANEE ROAD
376. NAROCH BOULEVARD
377. NEW STREET
378. NEWMARK PLACE
379. NIPISSlNG COURT
380. NOMAD ROAD
381. NORDANE DRIVE
382. NORFOLK SQUARE
383. NORTH ROAD
384. OAKBURN STREET
385. OAKWOOD DRIVE
386. OBERON COURT
387. OKLAHOMA DRIVE
388. OLD FOREST ROAD
389. OLD ORCHARD AVENUE
390. OLIVA STREET
391. ORCHARD HEIGHTS DRIVE
392. ORION COURT
393. OTONABEE DRIVE
394. PADDOCK ROAD
395. PARK CRESCENT
396. PARKDALE STREET
397. PARKHAM CRESCENT
398. PARKSlDE DRIVE
399. PATIO LANE
400. PATMORE LANE
401. PEACHWOOD LANE
402. PEBBLE COURT
403. PEBBLESTONE CRESCENT
404. PEPPERWOOD GATE
405. PETTICOAT LANE
406. PETUNIA PLACE
407. PINE GLEN DRIVE
408. PINE GROVE AVENUE
409. PINE HEIGHTS TRAIL
410. PINE RIDGE ROAD
41 I. PINECREEK COURT
412. PINEVlEW LANE
413. PLEASANT STREET
414. POPPY LANE
415. POPRAD AVENUE
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ITEM . COLUMN 1 HIGHWAY
NO.
416. PORTLAND COURT
417. POST DRIVE
418. PRIMROSE COURT
419. PROHILL STREET
420. RADOM STREET
421. RAINY DAY DRIVE
422. RAMBLEBERRY AVENUE
423. RATHMORE CRESCENT
424. RAWLINGS DRIVE
425. RAYLEEN CRESCENT
426. REDBIRD CRESCENT
427. REDWOOD LANE
428. REESOR COURT
429. REGAL CRESCENT
430. REGAN PLACE
431. REYTAN BOULEVARD
432. RICHARDSON STREET
433. RIDGEWOOD COURT
434. RIGBY DRIVE
435. RIVERVIEW CRESCENT
436. ROCKWOOD DRIVE
437. RODD AVENUE
438. ROSEBANK ROAD (FROM HWY #2 NORTH TO CONC. 4 ROAD & FROM
HWY ¢~t401 TO SOUTH TERMINUS)
439. ROSEFIELD ROAD
440. ROUGE FOREST CRESCENT
441. ROUGE HILL COURT
442. ROUGE VALLEY DRIVE
443. ROUGEMOUNT DRIVE
444. ROWNTREE CRESCENT
445. ROYAL ROAD
446. SALEM ROAD
447. SAMFORD LANE
448. SANDCASTLE COURT
449. SANDCHERRY COURT
450. SANDHURST CRESCENT
451. SANDRA DRIVE
452. SANDY BEACH ROAD (FROM BAYLY STREET TO SOUTH TERMINUS)
453. SANGRO LANE
454. SANOK DRIVE
455. SAUGEEN DRIVE
456. TORONTO PICKERING TOWNLINE (ADJACENT TO LOT 35,
CONCESSION 2, PICKERING & THE SOUTH 915 METRES OF LOT 35,
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ITEM COLUMN I HI'GHWAY
NO. ·
CONCESSION 3, PICKERING)
457. SECORD STREET
458. SEGUIN SQUARE
459. SENATOR STREET
460, SHADEMASTER DRIVE
461. SHADOW PLACE
462. SHADYBROOK DRIVE
463. SHAY DRIVE
'464. SHEARER LANE
465. SHEPPARD AVENUE
466. SHERMAN CRESCENT
467. SIDELINE 2
468. SIDELINE 4
469. SIDELINE 6
470. SIDELINE 8
471. SIDELINE 12
472. SIDELINE 14
473. SIDELINE 16
474. SIDELINE 20
475. SIDELINE 22
476. SIDELINE 24
477. SIDELINE 26
478. SIDELINE 28
479. SIDELINE 30
480. SIDELINE 32
481. SIDELINE 34
482. SILVER MAPLE DRIVE
483. SILVER SPRUCE DRIVE
484. SlLVERTHORN SQUARE
485. SIMPSON AVENUE
486. SOMERGROVE CRESCENT
487. SOUTHCOTT ROAD
488. SOUTHVIEW DRIVE
489. SPARROW CIRCLE
490. SPARTAN COURT
491. SPEKE ROAD
492. SPRING STREET
493. SPRINGVIEW DRIVE
494. SPRUCE HILL ROAD
495. SQUIRES BEACH ROAD (250m NORTH OF BAYLY TO TERMINUS)
496. ST. MARTINS DRIVE
497, STARVIEW COURT
498. STEEPLE HILL
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ITEM'. COLUMN 1 HIGHWAY
NO, . :
499. STONEBRIDGE LANE
500. STONEHAMPTON COURT
501. STONEHURST ROAD
502. STONEPATH CIRCLE
503. STORRINGTON STREET
504. STOVER CRESCENT
505. STRATHMORE CRESCENT
506. STREAMSiDE COURT
507. STROUDS LANE
508. STURGEON COURT
509. SULTANA SQUARE
510. SUMMERPARK CRESCENT
511. SUNDOWN CRESCENT
512. SUNRISE AVENUE
513. SURF AVENUE
514. SUSAN DRIVE
515. SWAN PLACE
516. SWEETBRIAR COURT
517. TANZER COURT
518. TAPLIN DRIVE
519. TATRA DRIVE
520. TAUNTON ROAD (EAST AND WEST OF BROCK ROAD TO NEW
TAUNTON ROAD)
521. TAWNBERRY STREET
522. TERRACOTTA COURT
523. THEODEN COURT
524. THICKET CRESCENT
525. TILLINGS ROAD
526. TILSON COURT
527. TIMBER COURT
528. TIMMINS GARDEN
529. TISHA ROAD
530. TOMLINSON COURT
531. TOYNEVALE ROAD
532. TRAILWOOD COURT
533. TRANQUIL COURT
534. TREETOP WAY
535. TRELLIS COURT
536. TRIMBLE'S LANE
537. I TULLO STREET
538. I TWYN RIVERS DRIVE
539.I UNA ROAD
540. UNDERHILL COURT
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ITEM COLUMN I HIGHWAY
NO.
541. UXBRIDGE PICKERING TOWNLINE ROAD (FROM YORK REGIONAL ROAD 30
EAST TO UXBRIDGE CONCESSION 3 ROAD & FROM DURHAM REGIONAL
ROAD 23 WESTERLY, A DISTANCE OF 0.96 KILOMETRES)
542. VALLEY FARM ROAD (FROM KINGSTON ROAD NORTH TO 3~u
CONCESSION ROAD)
543. VALLEY GATE
544. VALLEY RIDGE CRESCENT
545. VALLEYVIEW DRIVE
546. VICKI DRIVE
547. VICTOR COURT
548. VICTORIA STREET
549. VICTORY DRIVE
550. VILLAGE STREET
551. VISTULA DRIVE
552. VOYAGER AVENUE
553. WALNUT LANE
554. WATERFORD GATE
555. WAYFARER LANE
556. WELLINGTON STREET
557. WELRUS STREET
558. WEST LANE
559. WEST SHORE BOULEVARD
560. WESTCREEK DRIVE
561. WESTNEY ROAD
562. WEYBURN SQUARE
563. WHARF STREET
564. WHEATSHEAF LANE
565. WHISKY GATE
566. WHITE CEDAR DRIVE
567. WHITE PINE CRESCENT
568. WHITEVALE ROAD (160 METRES WEST OF BROCK ROAD TO ALTONA
ROAD)
569. WILCROFT COURT
570. WILDFLOWER DRIVE
571. WILDROSE CRESCENT
572. WILDWOOD CRESCENT
573. WILLIAM STREET
574. WILLOWSIDE COURT
575. WINDGROVE SQUARE
576. WINETTE ROAD
577. WINGARDEN CRESCENT
578. t WIXSON ROAD
579. , WOLLASTON COURT
I:\COLTNCIL\OES 05-03.docJ'an-03
ATTACHMENT # I TO REPORT # OES 05-03
16 of 16
35
ITEM COLUMN I HIGH~AY
NO.
580. WOODGRANGE AVENUE
581. WOODRUFF CRESCENT
582. WOODSIDE LANE
583. WOODSMERE CRESCENT
584. WOODVIEW AVENUE
585. WOODVIEW DRIVE
586. YEREMI STREET
587. ZATOR AVENUE
r:\COUNCIL\OES 05-03.doc Jan-03
36
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 6097/03
Being a by-law for the collection of taxes and to establish the
installment due dates for the Interim Levy 2003.
WHEREAS Section 317, of the Municipal Act, 2001, S.O.2001, c.25, as amended,
provides that the council of a local municipality may, before the adoption of the
estimates for the year, pass a by-law levying amounts on the assessment of property, in
the local municipality ratable for local municipality purposes; and
WHEREAS, the Council of the Corporation of the City of Pickering deems it appropriate
to provide for such an interim levy on the assessment of property in this municipality.
NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
1. The amounts levied shall be as follows:
For the residential, pipeline, farmland and managed forest property classes
there shall be imposed and collected an interim levy of:
If no percentage is prescribed, 50% of the total taxes for municipal
and school purposes levied in the year 2002.
For the multi-residential, commercial and industrial property classes there
shall be imposed and collected an interim levy of:
If no percentage is prescribed, 50% of the total taxes for municipal
and school purposes levied in the year 2002.
For the payment-in-lieu property classes, there shall be imposed and
collected an interim levy of:
If no percentage is prescribed, 50% of the total taxes for municipal
and where applicable for school purposes, in the year 2002.
For the purposes of calculating the total amount of taxes for the year 2003 under
paragraph one, if any taxes for municipal and school purposes were levied on a
property for only part of 2002 because assessment was added to the collector's
roll during 2002, an amount shall be added equal to the additional taxes that
would have been levied on the property if taxes for municipal and school
purposes had been levied for the entire year.
The provision of this by-law apply in the event that assessment is added for the
year 2003 to the collector's roll after the date this by-law is passed and an interim
levy shall be imposed and collected.
Taxes shall be payable to the Treasurer, City of Pickering.
When not in default, the payment of taxes, or any installment thereof, may also
be made at any financial institution permitted by Section 346 of the Municipal
Act, 2001, S.O. 2001 c. 25, as amended.
The Treasurer may mail, or cause to be mailed, all notices of taxes required in
accordance with the provisions of the Municipal Act, 2001, S.O.c. 25, as
amended, to the address of the residence or place of business or to the
premises in respect of which the taxes are payable unless the taxpayer directs
the treasurer in writing to send the bill to another address, in which case it shall
be sent to that address. Notices will not be mailed to tenants. It is the
responsibility of the person taxed to notify and collect taxes from tenants or other
persons.
7. 27
10.
11.
12.
13.
The Treasurer is hereby authorized to accept part payment from time to time on
account of any taxes due, in accordance with the provisions of subsection 347
(1) and (2) of the Municipal Act 2001, S.O.c.25 as amended, and to give a
receipt for such part payment under Section 346 (1) of the Municipal Act 2001,
S.O.c.25, as amended.
The Treasurer is hereby authorized to prepare and give one separate tax notice
for the collection of 2003 taxes, one notice being an INTERIM notice, with two
installments under the provisions of Section 342 of the Municipal Act 2001,
S.O. 2001, c.25 as amended, as follows:
INTERIM Tax Notice
Due date of the first installment February 26, 2003
Due date of the second installment April 28, 2003; or either date
adjusted by the Director, Corporate Services & Treasurer.
Except in the case of taxes payable in respect of assessments made under
Sections 33 and 34 of the Assessment Act, R.S.O. 1990, c. A31, as amended,
the late payment charge of one and one-quarter percent for non-payment of
taxes and monies payable as taxes shall be added as a penalty to every tax or
assessment, rent or rate of any installment or part thereof remaining unpaid on
the first day of default and on the first day of each calendar month thereafter in
which such default continues pursuant to subsections 345 (1), (2) and (3) of
the Municipal Act 2001, S.O.c.25 as amended. The Treasurer shall collect by
distress or otherwise under the provisions of the applicable statutes all such
taxes, assessments, rents, rates or installments or parts thereof as shall not
have been paid on or before the several dates named as aforesaid, together with
the said percentage charges as they are incurred pursuant to sections 349,
350 and 351 of the Municipal Act 2001, S.O.c.25 as amended.
In the case of taxes payable in respect of assessments made under Sections 33
and 34 of the Assessment Act, R.S.O. 1990, c.A.31, as amended, the late
payment charge of one and one-quarter percent for non payment of taxes and
monies payable as taxes shall be added as a penalty to every tax so payable
remaining unpaid on the first day after twenty-one days from the date of mailing
by the Treasurer of a demand for payment thereof and on the first day of each
calendar month thereafter in which default continues pursuant to subsections
345 (1), (2) and (3) of the Municipal Act 2001, S.O.c.25 as amended. It shall be
the duty of the Treasurer immediately after the expiration of the said twenty-one
days to collect at once by distress or otherwise under the provisions of the
applicable statutes, all such taxes as shall not have been paid on or before the
expiration of the said twenty-one day period, together with the said percentage
charges as they are incurred pursuant to sections 349, 350 and 351 of the
Municipal Act 2001, S.O.c.25 as amended.
Nothing herein contained shall prevent the Treasurer from proceeding at any
time with the collection of any rate, tax or assessment, or any part thereof, in
accordance with the provisions of the statutes and by-laws governing the
collection of taxes.
Where tenants of land owned by the Crown or in which the Crown has an
interest are liable for the payment of taxes and where any such tenant has been
employed either within or outside the municipality by the same employer for not
less than thirty days, such employer shall pay over to the Treasurer on demand
out of any wages, salary or other remuneration due to such employee, the
amount then payable for taxes under this by-law and such payment shall relieve
the employer from any liability to the employee for the amount so paid.
If any section or portion of this By-Law is found by a court of competent
jurisdiction to be invalid, it is the intent of Council for the Corporation of the City
of Pickering that all remaining sections and portions of this By-Law continue in
force and effect.
14. That this by-law is to come into effect on the 1st day of January, 2003.
BY-LAW read a first, second and third time and finally passed this 3rd day of
February, 2003.
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 6098/03
Being a by-law to authorize staff to
commence all proceedings necessary for the
acquisition of the land being Part of Water Lot
3, on Registered Plan No. 65, in the City of
Pickering, Regional Municipality of Durham,
also shown as being Part 3 on Registered
Plan 40R-17343.
WHEREAS the Corporation of the City of Pickering is desirous of developing and
completing a waterfront park and waterfront trail in the vicinity of Frenchman's Bay; and
WHEREAS the Corporation has acquired various parcels of land on the east side of
Frenchman's Bay west of Front Street which lands will be used to construct and
complete "Progress Bayfront Park"; and
WHEREAS the Corporation, in order to complete Progress Bayfront Park, must acquire
those lands municipally known as 670 Front Street, which lands are located on the
southwest side of Front Street and the eastern shore of Frenchman's Bay;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
The appropriate City Officials are hereby authorized and directed to commence
all proceedings necessary for the acquisition of the land being Part of Water Lot
3, on Registered Plan No. 65, in the City of Picketing, Regional Municipality of
Durham, also shown as being Part 3 on Registered Plan 40R-17343.
BY-LAW read a first, second and third time and finally passed this 3rd day of February,
2003.
Wayne Arthurs, Mayor
Bruce Taylor, Clerk