HomeMy WebLinkAboutOES 30-04PICKERING
REPORT TO THE
EXECUTIVE COMMITTEE
Report Number: OES 30-04
Date: September 28, 2004
From:
Richard Holborn, P.Eng.
Division Head, Municipal Property & Engineering
Subject:
O.J. Muller Landscape Contractor Ltd
Renewal of Lease Agreement
Recommendation:
1. That Report OES 30-04 regarding a renewal of a Lease Agreement be received;
and
That the attached draft by-law be enacted to authorize the execution of a lease
agreement (renewal for an additional year) with O.J. Muller Landscaping
Contractor Ltd. to lease those lands consisting of a stone house and 6.074
acres, to use and occupy the property or the premises to cultivate the land for
cash and to store market nursery stock. The property and premises are located
on Brock Road North, Pickering, and compromising those parts of Lot 19,
Concession 3, Pickering, designated as Parts 2 and 3, Plan 40R-7012.
3. That the Mayor and Clerk be authorized to give effect hereto.
Executive Summary: Not applicable
Financial Implications: FINANCIAL IMPLICATIONS:
Rent for 2005 $1,500/month x 12 =
Plus G.S.T.
Plus $25.00 Administration Fee
Business taxes (to be determined)
$18,000
$18,000
Report OES 30-04
Subject: O.J Muller Landscape Contractor Ltd.
Renewal of Lease Agreement
Date:
September 28, 2004
Page 2
Background:
The subject property was deeded to the City as part of an agreement with Veridian
Connections (formerly known as Pickering Hydro Electric Commission) in November
1999.
The property is presently used as a nursery for a landscape business and the home on
the property is used for residential purposes. Much of the property is natural woodlot
ancillary to the residential and nursery use.
The lease is generally similar to other leases of land in the vicinity owned by the City of
Pickering.
The term of lease is one year, which will result in this lease terminating on the same
date as other leases of land in the immediate vicinity owned by the City.
The rent being recommended is the same to what the tenant was paying in 2004. Any
increase will require further notification to the tenant.
The Operations & Emergency Services Department recommends approval of the lease
agreement as it is presented.
Land values are similar to other City owned properties in the area (approximately
$6,000/acre).
Attachments:
1. By-Law
2. Location Map
3. Lease Agreement
Report OES 30-04
Subject: O.J Muller Landscape Contractor Ltd.
Renewal of Lease Agreement
Date: September 28, 2004
Page 3
Prepared By:
Ric ar~l Holbo 15.~:ng.
DR~on Head ~¢'
Municipal Property & Engineering
RH:ds
Attachments
I:\COU NClL\Muller_Extension.doc
Copy: Chief Administrative Officer
Recommend~ation of
Pickering Ci~2;ou n~e~}~~
Thomas J. ~.u~n,/~ i~¢/,f Administrative Officer
Approved / Endorsed B,~
Everett Buntsma, Director
Operations & Emergency Services
;,-? ~CHI,4ENI#...~/, .... TO REPORT# OECd,
I,,,,,ot t ,
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO.
Being a by-law to authorize the execution of a Lease
Agreement between The Corporation of the City of Pickering
and O.J. Muller Landscape Contractor Ltd. for the leasing of
those lands consisting of a stone house and 6.074 acres
located on Brock Road North, Picketing, and comprising
those parts of Lot 19, Concession 3, Pickering, designated
as Parts 2 and 3, Plan 40R-7012.
WHEREAS pursuant to the provisions of sections 110 of the Municipal Act, 2001,
chapter 25, the Council of The Corporation of the City of Pickering may by By-law lease
premises owned by the Corporation;
NOW THEREFORE THE COUNCI'L OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
The Mayor and Clerk are hereby authorized to execute a Lease Agreement in
the form acceptable to the City Solicitor for a one (1) year term ending December
31, 2005, between the Corporation of the City of Pickering and O.J. Muller
Landscape Contractor Ltd.
BY-LAW read a first, second and third time and finally passed this
2004.
day of,
David Ryan, Mayor
Bruce Taylor, City Clerk
.~.: "¥,~C:I-d'qENT#__.,~,~ ~., TO REPORT# ~)~"'-~ 50-0~
I o, I
PROPERTY
OPERATIONS & EMERGENCY
SERVICES DEPARTMENT
MUNICIPAL PROPERTY &
ENGINEERING DIVISION
1:7500 t SEPTEMBER 28/20041
2710 BROCK ROAD
REPORT TO COUNCIL
PI( LK E RING
L, !/ZPondE\?hemohc Mapping~Maps\MP&E - Adrnin\l~eport
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THIS LEASE AGREEMENT made pursuant, to the provisions.of sections 110 of the Municipal Act,
2001, chapter 25 as of the first day of January 2005.
BETWEEN:
THE CORPORATION OF THE CITY OF PICKERING
herein called the "Landlord"
OF THE FIRST PART,
- and -
O.J. MULLER LANDSCAPE CONTRACTOR LTD.
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:
1. LEASE AND TERM
The Landlord hereby leases to the Tenant those lands consisting of a stone house and 6.074
acres located on Brock Road North, Pickering, and comprising those parts of Lot 19,
Concession 3, Picketing, designated as Parts 2, Plan 40R-7012, save and except Part 2, Plan
40R-14541 and Part 3, Plan 40R-7012 (herein called the "Premises"), for a term (herein
called the "Term") commencing on the 1~t day of January 2005 and expiring on the 31st day of
December 2005 unless the Term is earlier terminated.
RENT
(1)
The amount of the rent payable by the Tenant to the Landlord monthly and every month
during the Term is:
January 1, 2005 - December 31, 2005 $1,500 / month
Plus G.S.T.
(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 18(3) or at such other place as the 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) to pay rent; and
(b) to observe and perform all covenants and obligations of the Tenant herein.
ot ,
USE AND OCGUPANOY OF PREMISES
...... TO REPORT# ~
The Tenant covenants with the Landlord:
(a)
Conduct of Business
To use and occupy the property or the Premises during the Term, to cultivate the land
for cash crops and to store and market nursery stock, which would include natural
stone, packaged peat moss and other related landscape materials. The outdoor
storage area for these materials are to be in a location that would not be visible from
the road. The Tenant covenants to not use the property or Premises for any use that is
in contravention of any ordinance or law;
(b)
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;
(c)
Business Name
To carry on business on the Premises under the name and style of O.J. Muller
Landscape Contractor and under no other name or style unless approved in writing by
the Landlord;
(d) 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; and
(e)
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 conditions 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
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 business taxes which may
be applicable).
UTILITIES
The Tenant covenants with the Landlord that the Tenant will pay all gas, oil, water, hydro,
sewer and electric light charges in connection with the Premises.
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.
2
(2)
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3 ot
Assi,clnment and Sublettinq
The Tenant shall not assign this Lease or sublet all or any part of the Premises.
SIGNS
(a)
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.
(b) Such 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:
(c) 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, except with the prior written
consent of the Landlord.
(d)
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.
ABANDONED PROPERTY
The Landlord may sell, retain for the Landlord's own use or otherwise dispose of the property
of the Tenant left in the Premises if the Tenant has vacated the Premises.
10. DEATH OF A TENANT
If the Tenant dies and there are no other tenants of the Premises, the tenancy shall be
deemed to be terminated 30 days after the death of the Tenant,
11. 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, furniture and equipment
not of the nature of fixtures.
(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 on 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 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
(a) 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. Such removal shall be at the expense of the
Tenant.
(b) 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 of all Leasehold Improvements, trade
fixtures, furniture and equipment.
12. 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.
4
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 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.
(2) Limitation of Landlord's Liability..
The Landlord shall not be liable for any bodily injury or death of, or loss or damage to
any properly belonging to the Tenant or its employees, invitees or licensees or any
other person in, or about the Premises,
(3)
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.
13. RULES AND REGULATIONS
The Tenant further covenants with the following:
(a)
(b)
(c)
To return all keys for the Premises prior to the termination of this Lease;
To provide to the Landlord with particulars of all automobiles (which term includes
passenger vans and light trucks) to be parked on the Premises and to comply with all
by-laws related thereto;
The water closets and other water apparatus shall not be used for any purpose other
then those for which they were constructed and no sweepings, garbage, rubbish, rags,
ashes or other substances shall be thrown therein. Any damage resulting to them from
misuse or from unusual or unre~'~er~b~;)t~ll be borne by the Tenant who or
whose family, guests, visitors, servants, clerks or agents shall cause it;
(d) All awnings or shades over and outside of the windows desired by Tenants shall be
erected at their own expense: they must be of such shade, colour, material and make
as may be prescribed by the Landlord and shall be put up under the direction of the
Landlord or his agents;
(e) The Tenant must observe strict care not to allow their windows to remain open so as to
admit rain or snow. For any injury caused to the property of the Landlord by such
carelessness the Tenant neglecting this rule will be held responsible;
(f) No additional locks shall be placed upon any door of the Premises, without the written
consent of the Landlord which shall be endorsed hereon;
(g) No Tenant shall do, or permit anything to be done in said Premises or bring or keep
anything therein which will in any way increase the risk of fire or the rate of fire
insurance on the Premises, or on property kept therein, or conflict with any of the rules
and ordinances of the Board of Health or with any statute or municipal by-law;
(h) Nothing shall be placed on the outside of window sills or projections;
(i) The water shall not be left running unless in actual use in the leased Premises; spikes,
hooks, screws or nails shall not be put into the walls or woodwork of the building;
(j) If the Tenant desires telegraphic or telephone connections, the Landlord or his agents
will direct the electricians as to where and how the wires are to be introduced and
without such direction no boring or cutting for wires will be permitted. If the Tenant
desires to install, add to or alter, gas or electric light fittings, for lighting the Premises
the Tenant must arrange with the Landlord for the necessary connections and no gas
pipe or electric wires will be permitted which has not been authorized in writing by the
Landlord or his agents;
(k) No auction sale shall be held in the Premises without consent in writing of the Landlord;
(I) No stores of coal or any combustible or offensive goods, provisions or materials shall
be kept upon the Premises;
(m) That no assent or consent to changes in or waiver of any part of this agreement in spirit
or letter shall be deemed or taken as made, unless the same be done in writing and
attached to or endorsed hereon by the Landlord or his agents;
(n) Hardwood floors must be kept clean, waxed and polished at the expense of the Tenant;
(o) No heavy furniture shall be moved over floors of flat, halls, landings or stairs, so as to
mark same;
(p) Rugs must be so laid to cover all floors so as to suppress any noise that might disturb
other tenants;
(q) The Tenant will be held responsible for any damage to the Premises caused by moving
furniture in or out of said Premises; and
(r) The Premises be left clean and in good condition at expiration of Term.
The Landlord shall ha~e the right to make such other and further reasonable rules and
regulations as in his judgment may from time to time be needful for the safety, care and
cleanliness of the Premises and for preservation of good order therein and the same shall be
kept and observed by tenants, their families, visitors, guests, clerks, servants and agents.
14. 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)
Exhibiting 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.
15. DELAY AND NON-WAIVER
(1) Unavoidable Delay
16.
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:
(a) strikes or work stoppages;
(b) inability to obtain any material, service, utility or labour required to fulfill such
obligation;
(c) 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
(d) 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 compensation for any inconvenience, nuisance or
discomfort thereby occasioned.
(2)
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.
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 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.
(3) 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 per-
form 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
shall 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.
(4) Termination and Re-Entry
(5)
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, apportioned 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.
17. 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 termination 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 immediately become due and paid
by the Tenant.
18. MISCELLANEOUS PROVISIONS
(~)
Registration of Lease
Neither the Tenant nor the Landlord shall register this Lease or a notice of this Lease.
(2)
Lease Constitutes Entire Agreement
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 Pickering Civic Complex,
One The Esplanade, Pickering, Ontario L1V 6K7; and
(b)
if to the Tenant, either delivered to O.J. Muller Landscape Contractor personally
or mailed by prepaid registered mail addressed to O.J. Muller Landscape
Contractor at Brock Road North, Pickering, Ontario.
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 Obligations
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.
19. RIGHT OF FIRST REFUSAL
The Tenant herein acknowledges that, notwithstanding any other provisions of the Lease
Agreement for the Premises, there is no right of first refusal in favour of the Tenant with
respect to the Premises herein and the Tenant releases any claims against the Landlord in
respect thereof.
20. SEVERABILITY
Should any provision or provisions of this Lease be illegal or not enforceable, it or they shall be
considered separate and severable from the Lease and its remaining provisions shall remain
in force and be binding upon the parties hereto as though the said provision Or provisions had
never been included.
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
David Ryan, Mayor
Bruce Taylor, City Clerk
O.J. Muller Landscape Contractor Ltd.
O.J. Muller, President
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