HomeMy WebLinkAboutBy-law 896/78THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 896/78
Being a By-law to authorize the execution
of a Lease between the Corporation of the
Town of Pickering and Her Majesty The Queen,
in Right of the Province of Ontario as
represented by the Minister of Housing
respecting lands in the Hamlet of Whitevale.
THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING
HEREBY ENACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized
to execute the Lease attached hereto as
Schedule "A" between the Corporation of
the Town of Pickering and Her Majesty The
Queen, in Right of the Province of Ontario
as represented by the Minister of Housing,
respecting the leasing of lands in the
Hamlet of Whitevale, known as Lots 44, 45,
46, 67, 68, 69 and 70 and parts of lots
47, 66 and 71, Plan 21 for recreation
purposes.
By-law read a first, second and third time and
finally passed this 2nd day of October 1978.
i!_ L' Z7 C
ayor
Clerk
r
G Marro
P-4-21-9/10/166'
Lease No. 0895
SCHEDULE "A"
BY-LAW #896/78
LAND LEASE
THIS LEASE made in duplicate the 1st day of September,
one thousand, nine hundred and seventy-eight
IN PURSUANCE OF THE SHORT FORMS OF LEASES ACT AND THE LANDLORD AND TENANT
ACT
B E T W E E N:
HER MAJESTY THE (QUEEN,
in Right of the Province of Ontario,
as represented by the Minister of Housing,
Hereinafter referred to as the "landlord",
OF THE FIRST PART,
- and -
CORPORATION OF THE TOWN OF PICKERING,
Hereinafter referred to as the "tenant",
OF THE SECOND PART.
Descrip-
tion
Term
.Kent
NOW THEREFORE, in consideration of the rents reserved and the covenants
and agreements herein contained on the part of the tenant, the landlord
hereby leases to the tenant the land described as follows:
In the Town of Pickering, in the Regional Municipality of Durham, in the
Province of Ontario, and being Lots 44, 45, 46, 67, 68, 69 and 70 and
parts of Lots 47, 66 and 71, according to a plan duly registered in the
Land Registry Office for the Registry Division of Durham at Whitby as No.
21, being part of Concession Lots 31 and 32, Concession 4, as outlined and
designated as Portions "A", "B" and "C" on the sketch attached hereto and
containing 2.00 acres more or less,
SUBJECT TO a right-of-way for the general public over, along and upon the
existing hiking trail,
hereinafter referred to as "the property".
TO HAVE AND TO HOLD the property for and during the term (hereinafter
referred to as "the term") of five (5) years, commencing on the 1st day of
September, 1978 and ending on the 31st day of August, 1983, unless such
term shall be sooner terminated as hereinafter provided.
YIELDING AND PAYING THEREFOR per annum, unto the landlord, the sum of
----- ONE-----($1.00) DOLLAR of lawful money of Canada to be payable on the
following days and times, that is to say,
the sum of $1.00 shall become due and payable on the first day of
September, 1978, 1979, 1980, 1981 and 1982.
AND FURTHER PAYING THEREFOR, as additional rent, the monies and other
charges, costs and expenses herein provided to be paid by the tenant at
the several times when they become payable.
- 1 -
1. TENANT'S COVENANTS
The tenant cuvcnants with the landlord as follows:
Rent
Taxes
(a) To pay rent and to pay, as additional rent in each year during the
term, the following:
(b) (i) To pay and discharge all taxes (including local improvement
rates), rates, duties and assessments that may be levied,
rated, charged or assessed against the property, or any part
thereof, and every other tax, charge, rate, assessment or
payment which may become a charge or encumbrance upon or
levied or collected upon or in respect of the property, or
any part thereof, as they become due, whether charged by any
municipal, parliamentary or other body during the term;
provided that the landlord shall not petition for or consent
to additional improvements without the consent of the tenant.
The tenant shall pay, as they become due, all charges for
public utilities including water, gas, electrical power or
energy, steam or hot water used upon or in respect of the
property and for fittings, machines, apparatus, meters or
other things leased in respect thereof, and for all work or
services performed by any corporation or commission in
connection with such public utilities; provided further that
the tenant shall have the right to contest, by appropriate
legal proceedings, the validity of any tax, rate (including
local improvement rates), assessment or other charges refer-
red to in this paragraph; and if the payment of any such tax,
rate, local improvement rates, assessment or other charges
may legally be held in abeyance without subjecting the
landlord or the tenant to any liability for failure so to
pay, the tenant may postpone such payment until the final
determination of any such proceedings, provided that all such
proceedings shall be prosecuted with all due diligence and
despatch.
(ii) To pay all business taxes in respect of the business carried
on by the tenant in and upon and by reason of his occupancy
of the property hereby demised.
Mainten-
ance
(c) (i) To keep the property reasonably clean and clear of rubbish,
dirt and debris.
(ii) Not to cut down or remove from the property live trees and
live shrubs and not to excavate or remove from the property
minerals, oil, gas, sand, gravel, topsoil, stones, fences,
turf or any other soil substance and not to substantially
alter the landscape or contours of the property except where
such cutting down, removal or alteration is consented to by
the landlord.
Compli-
ance with
Laws,
etc.
Waste
and
Nuisance
Use
(d) To comply with all provisions of law including, without limitation,
federal and provincial legislative enactments, building by-laws and
any other governmental or municipal regulations which relate to the
equipment, operation and use of the property and to the making of any
repairs, replacements, alterations, additions, changes, substitutions
or improvements of or to the property. And to comply with all
police, fire and sanitary regulations imposed by any federal, provin-
cial or municipal authorities or rude by fire insurance underwriters
and to observe and obey all governmental and municipal regulations
and other requirements governing the conduct of any business conduc-
ted on the property.
(e) Not to commit waste, and not to do or omit to do or permit to be done
or omit anything upon or in respect of the property the doing or
omission of which shall be or result in a nuisance.
(f) To use the property as a skating rink and for associated recreational
uses.
it
V
IAddi-
?tions,
etc.
Assign-
ment
Liability
Insurance
I:
I I
i!
it
?Indemni-
fication
of Land-
lord
i
j
Entry by
Landlord
Auiet En- L.
„joyment
I'
I'.
I
'Removal
l?of Fix-
"
Forfei-
ture
(g) The tenant will not make or erect, in or to the property, any instal-
lations, alterations or additions without the prior written consent
of or agreement with the landlord.
(h) Not to assign this lease or sublet the property without the written
consent of the landlord, which consent may be withheld at the
discretion of the landlord.
(i) To provide and keep in force throughout the term of this lease, for
the benefit of the landlord and the tenant jointly, general liability
insurance in an amount of not less than ONE MILLION ($1,000,000.00)
DOLLARS in respect of injury to or death of any persons or property
damage. All insurance shall be effected with insurers and upon
terms and cdnditions satisfactory to the landlord. The tenant shall
promptly furnish to the landlord copies of insurance policies or
other evidence satisfactory to the landlord of such insurance and any
renewals thereof. If the tenant shall fail to insure as herein
required or shall fail to promptly furnish to the landlord
satisfactory evidence of such insurance or of any renewal thereof
before its expiration, the landlord may, from time to time, effect
such insurance for the benefit of the tenant and the landlord for a
period not exceeding one year, and any premium paid by the landlord
shall be recoverable from the tenant on demand as additional rent.
(j) To indemnify the landlord from any and all liabilities, damages,
costs, claims, suits or actions growing out of:
(i) any breach, violation or non-performance of any covenant or
proviso herein contained on the part of the tenant or any of
his invitees;
(ii) any damage to anything whatsoever occasioned by the use and
occupation of the property; and
(iii) any injury to person or persons, including death resulting at
any time therefrom, occurring in or about the property.
Such indemnification in respect of any such breach, violation or
non-performance, damage to property, injury or death occurring during
the term of this lease shall survive any termination of this lease,
anything in this lease to the contrary notwithstanding.
(k) To permit the landlord, his servants or agents, or any other person
or persons authorized by the landlord, to enter upon the property at
all reasonable times for the purposes of any activity related to the
planning process, including inspection, investigation, survey and
testing.
2. LANDLORD'S COVENANTS
The landlord covenants with the tenant for quiet enjoyment, except as
provided herein.
3. PROVISOS
Provided always, and it is hereby agreed between the parties as
follows:
(a) The tenant may remove his fixtures at any time during the term of
this lease; and, notwithstanding anything herein contained, if the
tenant exercises his right to remove such fixtures, he shall make
good any damage caused to the property by such removal.
(b) If and whenever the rent hereby reserved, or any part thereof, shall
not be paid on the day appointed for payment thereof, whether
lawfully demanded or not, or in case of breach or non-observance or
non-performance of any of the covenants, agreements, provisos,
conditions or rules and regulations on the part of the tenant to be
kept, observed or performed, or in case the property shall be vacated
or remain unoccupied for fifteen (15) days, or in case the term shall
be taken in execution or attachment for any cause whatever, then and
in every such case it shall be lawful for the landlord thereafter to
enter into and upon the property, or any part thereof in the nacre of
the whole, anything in this lease contained to the contrary notwith-
standing; provided that the landlord shall not, at any time, have the
right to re-enter, and forfeit this lease by reason of the tenant's
default in the payment of the rent reserved by this lease unless and
until the landlord shall have given to the tenant notice of such
default and allowed the tenant at least fifteen (15) days to cure
such default; and further provided that the landlord shall not, at
any time, have the right to re-enter and forfeit this lease for a
breach or non-observance or non-performance of any of the covenants,
agreements, provisos, conditions, rules and regulations on the part
of the tenant to be kept, observed or performed, other than the
proviso in respect of the payment of rent, unless the landlord shall
have given to the tenant notice specifying the particular breach and,
if the breach is capable of remedy, allowing the tenant to remedy
such breach within a reasonable time.
;Re-entry
i
L
''distress
Non-lia-
bility
of Land-
lord
No Waiver
Indemni-
fication
of Land-
lord
(c) If the landlord becomes entitled to re-enter upon the property under
any of the provisions of this lease, the landlord, in addition to all
other rights, shall have the right to enter the property as the agent
of the tenant, either by force or otherwise, without being liable for
any prosecution therefor, and to relet the property as the agent of
the tenant and to receive the rent therefor and, as the agent of the
tenant, to take possession of any furniture or other goods or chat-
tels on the property and to sell the same at public or private sale
without notice and to apply the proceeds of such sale and any rent
derived from the reletting of the property upon account of the rent
under this lease, and the tenant shall be liable to the landlord for
the deficiency, if any. If the landlord becomes entitled to re-enter
upon the property under any of the provisions of this lease, the
landlord, in addition to all other rights, shall have the right to
terminate forthwith this lease and the term by leaving upon the
property notice in writing of such termination and, thereupon, rent
shall be computed, apportioned and paid in full to the date of such
termination of this lease, and any other payments for which the
tenant is liable under this lease shall be paid and the tenant shall
immediately deliver up possession of the property to the landlord and
the landlord may re-enter and take possession of the same.
(d) Notwithstanding the benefit of any present or future statute taking
away or limiting the landlords right of distress, none of the goods
and chattels of the tenant on the property, at any time during the
term of this lease, shall be exempt from levy by distress for rent in
arrears; in case of removal by the tenant of the goods and chattels
of the tenant from the property, the landlord may follow the same for
thirty (30) days in the same manner as is provided for in The Land-
lord and Tenant Act.
(e) The landlord shall not, in any event whatever, be liable or respon-
sible in any way for any personal injury or death that may be suf-
fered or sustained by the tenant, any employee of the tenant or any
other person who may be on the property, or for any loss of or damage
or injury to any goods and chattels whatever belonging to the tenant,
his employees or any other person while such goods and chattels are
on the property.
(f) No condoning, excusing or overlooking by the landlord or the tenant
of any default, breach or non-observance by the landlord or the
tenant at any time in respect of any covenant, proviso, rule, regula-
tion or condition herein contained shall operate as a waiver of the
landlord's or tenants rights hereunder in respect of any such
continuing or subsequent default or breach, and no waiver shall be
inferred from or implied by anything done or omitted by the landlord
or the tenant save only express waiver in writing.
(g) If the tenant is obliged to vacate the property on a specified date
and the landlord has entered into a lease with a third party to rent
the property after such date and the tenant fails to vacate the
property, thereby causing the landlord to be liable to such thirc
I'
D
parLy, then the LenanL shall, in addition to any other liability
hereunder, indemnify the landlord for all losses suffered by reason
of his failure to vacate.
Termina-
tion of
Lease by
Landlord
(h) It is hereby agreed between the parties that the landlord, upon one
years notice to the tenant, shall have the right to terminate this
lease in whole or in part and if the landlord exercises such right,
the following provisions shall apply:
(1) if the lease is terminated in whole, the rent and any other
payments for which the tenant is liable under this lease shall
be apportioned and paid to the date on which vacant possession
is required and the tenant shall deliver up possession of the
.property to the landlord in accordance with such notice of
termination;
(ii) if the lease is terminated in part,
(1) the portion of the rent and any other payments for which
the tenant is liable, which, in the opinion of the land-
lord, may be considered attaching to that part of the
property in respect of which this lease is terminated,
shall be apportioned and paid to the date on which vacant
possession of that part of the property as is specified in
the notice of termination is required and the tenant shall
deliver up possession of such part of the property in
accordance with the notice of termination;
(2) the tenant may, at his option, terminate this lease in
whole by giving to the landlord, within six months after
the receipt of the notice of termination in part from the
landlord, notice of termination of lease in whole to be
effective six months after delivery of such notice of
termination by the tenant to the landlord and thereupon
rent and any other payments for which the tenant is liable
under this lease shall be apportioned to the date of
termination and the tenant shall deliver up possession of
the property to the landlord in accordance with such
notice of termination.
IlTermina-
tion of
'.'Lease by
!!Tenant
Signs
I,
Overhold-
ing
ICI
li
Breach of
Covenant
by Tenant
(1) In the event that the tenant wishes to terminate this lease earlier
than the date herein provided, he may do so by giving the landlord
six months' notice thereof and the rent and any other payments for
which the tenant is liable under this lease shall be apportioned and
paid to the date of termination and the tenant shall deliver up
possession of the property to the landlord in accordance with such
notice of termination.
(j) It is hereby further agreed by and between the landlord and the
tenant that no additional sign, advertisement or notice shall be in-
scribed, painted or affixed by the tenant on any part of the outside
or inside of the property whatever unless of such manner, colour,
size and style and in such places upon the property as shall be first
designated by the landlord and, furthermore, the tenant, on ceasing
to be the tenant of the property, will, before removing his goods and
fixtures from the property, cause any sign as aforesaid to be removed
or obliterated at his own expense and in a workmanlike manner to the
satisfaction of the landlord.
(k) if the tenant shall continue to occupy the property after the expira-
tion of this lease, with or without the consent of the landlord and
without any further written agreement, the tenant shall be a monthly
tenant at the rent herein mentioned and on the terms and conditions
herein set out except as to length of tenancy.
(1) In addition to the rights of the landlord herein contained, if the
tenant shall be in default of any covenant, agreement, proviso, rule,
regulation or condition on his part herein contained, the landlord
may perform such covenant, agreement, proviso, rule, regulation or
condition on account of the tenant and the landlord shall not be
liable for any loss or damage to the tenant in so remedying the
default of the tenant. Any expense incurred by the landlord in
accordance with this paragraph shall be paid to the landlord forth-
with on demand, and the landlord, in addition to any other rights,
shall have the same remedies and may take the same steps for the
recovery of all such sums as if they were rent in arrears. All
arrears of rent and any monies paid by the landlord hereunder shall
bear interest at the rate of ten per cent (10%) per annum from the
time such sums become due until paid to the landlord.
Notice of
Lease
Easements
Net Lease
Bankrupt-
cy
I.
I,.
,Interpre-
tation
i
Binding
Effect
it
i
Notice
(m) The tenant covenants and agrees with the landlord that the tenant
will not register this lease in this form in the Registry Office or
the Land Titles Office. If the tenant desires to make a registration
for the purpose only of giving notice of this lease, then the parties
hereto shall contemporaneously with the execution of this lease,
execute a form of notice of lease sufficient to permit registration
under The Registry Act or The Land Titles Act.
(n) It is agreed by and between the landlord and the tenant that the I'
landlord and his authorized agents or servants shall have the right
to grant easements and perform works of any nature and kind on the
property, provided that the same do not render the property unfit for
the use provided for in paragraph 1(f) herein.
(o) It is the intention of the parties that the rent herein provided to
be paid shall be net to the landlord and clear of all taxes, costs
and charges arising from or relating to the property and that the
tenant shall pay all charges, impositions and expenses of every
nature and kind relating to the property, except for the payment of
municipal realty taxes as referred to herein, and the tenant hereby
covenants with the landlord accordingly.
(p) If the term hereby granted shall be at any time seized or taken in
execution or attachment, by any creditor of the tenant, or if the
tenant shall make an assignment for the benefit of creditors, or
becoming bankrupt or insolvent shall take the benefit of any Act that
may be in force for bankrupt or insolvent debtors, the then current
rent, together with the rent for three months thereafter, shall
immediately become due and payable, all subject to the provisions of
The Landlord and Tenant Act, as amended.
(q) Words importing the singular number only shall include the plural
and vice versa, words importing the masculine gender shall include
the feminine gender, and words importing persons shall include firms
and corporations and vice versa. The headings to the clauses in this
lease have been inserted as a matter of convenience and for refer-
ence only and in no way define, limit or enlarge the scope or meaning
of this lease or of any provision hereof.
(r) This lease and everything herein contained shall extend to, bind and
enure to the benefit of the heirs, executors, administrators, succes-
sors and assigns (as the case may be) of each of the parties hereto.
All covenants herein contained shall be deemed joint and several,
and all rights and powers reserved to the landlord may be exercised
by either the landlord or his agents or representatives.
(s) Any notice which either of the parties is required or permitted to
give pursuant to any provision of this lease shall, if intended for
the tenant, be in writing and either left at the property or mailed
by registered nail addressed to the tenant at the property and, if
intended for the landlord, shall be in writing and either left at
the premises of the landlord or mailed by registered mail addressed
to the landlord at:
Ministry of Housing,
North Pickering Land Acquisition
and Management Branch,
P.O. Box 190,
Pickering, Ontario.
L1V 2R4
or at such other place as the landlord shall hereafter, from time tc
time, direct in writing.
- 7 -
Rental
Payments
Revoca-
tion
(t) All payments required to be made by the tenant herein shall be made
payable to the Treasurer of Ontario at the landlords office in
Pickering or to such agent or agents of the landlord or at such
other place as the landlord shall hereafter, from time to time,
direct in writing.
(u) It is understood and agreed between the parties hereto that this
lease supersedes and revokes any previous lease or any agreement,
whether writen or verbal, between the parties that may have been
entered into prior to the execution of the within lease.
IN WITNESS WHEREOF th2 parties hereto have hereunto affixed their hands
and seals or caused their corporate seals to be affixed by the hands of
the proper signing officers in that behalf this day of
. 197 .
SIGNED, SEALED AND DELIVERED
in the presence of:
(SEAL)
TENANT -
SEAL
TENANT -
HER MAJESTY THE QUEEN, IN RIGHT OF
THE PROVlt+GE OF ONTARIO, AS REPRE-
SENTED BY THE MINISTER OF HUUSING
Per:
D.A. Murray Wilson,
Director,
North Pickering Land Acquisi-
tion and Management Branch
V1 H1 1-EVALE
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