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Home My WebLink AboutNovember 8, 2004Executive Committee Meeting Agenda Monday, November 8, 2004 7:30 PM Chair: Councillor Johnson ADOPTION OF MINUTES Meeting of October 25, 2004 (11) 1. MATTERS FOR CONSIDERATION OPERATIONS & EMERGENCY SERVICES REPORT OES 34-04 T. ARNTS LOAM SUPPLY LTD. RENEWAL OF LEASE AGREEMENT PAGE 1-19 OPERATIONS & EMERGENCY SERVICES REPORT OES 35-04 1317970 ONTARIO INC. PICKERING DRIVING RANGE RENEWAL OF LEASE AGREEMENT 20-34 OPERATIONS & EMERGENCY SERVICES REPORT OES 37-04 DON BEER ARENA SNACK BAR CONCESSIONS LEASE AMENDMENT PICKERING HOCKEY ASSOCIATION INCORPORATED 35-40 CORPORATE SERVICES REPORT CS 39-04 FINAL APPROVAL FOR FINANCING OF COUNCIL APPROVED CAPITAL PROJECTS- INTERNAL LOANS AND EXTERNAL BORROWING THROUGH THE ISSUANCE OF DEBT 41-57 CORPORATE SERVICES REPORT CS 38-04 INVESTMENT PORTFOLIO ACTIVITY FOR THE YEAR ENDED DECEMBER 31, 2003 $8-63 CORPORATE SERVICES REPORT CS 40-04 FORMAL QUOTATIONS-QUARTERLY REPORT FOR INFORMTION 64-67 Executive Committee Meeting Agenda Monday, November 8, 2004 7:30 PM Chair: Councillor Johnson CORPORATE SERVICES REPORT 44~04 APPOINTMENT OF BY-LAW ENFORCEMENT OFFICERS 68-73 (111) OTHER BUSINESS (IV) ADJOURNMENT RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Report OES 34-04 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 T. Arnts Loam Supply Ltd. for 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, for a term of one year commencing January 1, 2005 and expiring December 31, 2005; and 3. That the Mayor and Clerk be authorized o give effect hereto. P CKER NG REPORT TO THE EXECUTIVE COMMITTEE Report Number: OES 34-04 Date: October 13, 2004, Richard Holborn, P.Eng. Division Head, Municipal Property & Engineering Subject: T. Arnts Loam Supply Ltd. Renewal of Lease Agreement Recommendation: · 1. That Report OES 34-04 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 T. Arnts Loam Supply Ltd., for 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, for a term of one year commencing January 1, 2005 and expiring December 31,2005 3. That the Mayor and Clerk be authorized to give effect hereto. Executive Summary: Not applicable Financial Implications: FINANCIAL IMPLICATIONS' Rent for 2005 $19,000/year (I 2 equal installments of $1,583.33imonth Plus Realty Taxes Plus E' " [a~e¢ (to be determmech $18,999.96 $!8,999.96 Report, OES 34-04 ~uBj,~c~. T. Arnts Loam Supply Ltd Renewai of Lease Agreemen; Date: October 13, 2004 Page ~F Background: The subject property is presently used for the purposes of carrying on the business of the storage, sale and supply of topsoil, sand, stone, pavers and related products. 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 Date: October 13, 2004 Report, OES 34-04 Subiect: T. Arnts Loam Suppiy Ltd. Renewal of Lease Agreement Prepared By: .,~,,' ¢.,. / Z? ~hard Ho~rn P.Eng. ~ivision Head ¢ Municipal Prope~y & Engineering RH:ds Attachments I:~COUNClL~OES 34-04.doc Approved ! F. ndorse¢ By: Everett I~'ntsma¢, Director Operations & Emergency Services Recommended~.fl Pickering Ci~YcC( Thomas J. Quin~:~ Copy: Chief Administrative Officer ,r th/~n~deratlon of ~ministrative officer BY-LAW ~'~,~ ...... n~ ~*~%,,*="" The Corporation oi: 'i~e Ciiy of ~ ,-~--~,-;r ¢ and T. Arnts Loari'l Supply Ltd., for ti~ose iands consisting oi 3.824 hectares of rentable area located in Lot !9, Concession 3, Pickering and comprising that part of Pa~s 37 and 40, Plan 40R-6934. 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 COUNCIL 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 T. Arnts Loam Supply Ltd. BY-LAW read a first, second and third time and finally passed this 2004. day of, David Ryan, Mayor Bruce Taylor, ~lt~, Clerk / SUBJECT --, PROPERTY 40R-6934 PART 37 PART 40 ATTACHMENT # 3 TO REPORT # OES 34-04 I of 13 THIS k:_AS,- made pursuant to tne provisions of Section "10 of the Municipa/Act, 200!, chapter 25 as of the first day of Januaw I, 2005. 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, 2005 and expiring on the 31st day of December, 2005, unless the Term is earlier terminated. RENT e,~,~,~,t, payable ir~: _ equa~ monthiy installments of $~..583',.33 DiUS realty taxes and any other appiicabie ATTACHMENT# 3 TO REPORT#OES34-04 2 of 13 (2) Place and Manner of Payment Each payment of rent shall be paid by the Tenant [o 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 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 Landlord herein. all covenants and obligations of the (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. 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. cai"fy (m the business described in subclause ;.a;"" on the Premises in ~ Hours of Ol:~eratiop and illumination business ont~;, betweer~ ?i',~, ~ hours of 5:3(' s.m ~nd ~2:00 ATTACHMENT Cf 3 TO REPORT#OES 34-04 3 of 13 (d) Business Name To carry on business on the Premises under the name and style of T. Arnts Loam Supply Ltd. and under no other name or style unless approved in writing by the Landlord; (e) (f) 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; 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. 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 inciudine, without limitation, any G.S.T. and realty taxes which may be applicable? ' :; LIcenoes ~'"' ~ T A~ ~ACHIV1-N, # 3 TO REPORT# OES 34-04 4 of 13 (2) 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. Assignment 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. o 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 fixtures ,.~./'~' tnstalfatior; of ,mp~..~" ,~'¢=¢m~n= *~ .... and Fixtures imDrovernen, ts; or ~rage. ;~,,~ -- ~ ~,,,ure~ inciuaing iiantin~, in oi' on tr~$ Premises ATTACHMENT Ct 3 TO REPORT Ct OES 34-04 5 of 13 (3) appropriate, workin9 drawings and specifications thereof. Ali 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 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. 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 ii.qh~ to ~'eimburser~er¥i: shali r~o'i: be-~ affected oi' impaired if the Tenant sha~i then o? suDseauentiy es'~aDiish or claim that any lien or encumbrance so discharged was without merit or excessive or subject tc any abatement, sea-off o: defe~;ce- Thi-:; subsectior shat! ~o! preven';: th~. Tenant. from mortga.oin9 o~ encumbedn¢ its chattels, furniture or equipment not of the 5 ATTACHMENT # 3 TO REPORT Cf OES 34-04 6 of 13 All Leasehold improvements, trade fixtures, furniture and equipment shali be removed by the Tenant from the Premises either during or at the expiration or sooner termination of the Term. 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. o 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.: ...... ~, '~ . . s::a~ contair~ ~ wabe~ ~. the i~':sure~ of am~ rights of suDrogation or indemnity or any other ciaim over to which t~e insure~' might othenNise be entitled against the Landiord or the agents or ~"~';~ , ~nan: will ~e ma~5, a~C tr~e boiic~' wiii riot ~a~se o; be ~ar~h~, except after not ATTACHMENT# 3 TO REPORT# OES 34-04 7 of 13 (2) ti~e Landlord as to the insurance from time to time effected by the Tenant and its renewat 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. Limitation of Landlord's Liability The Landlord shall not be liable for any bodily injury or death of, or loss or damage to any property 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: all claims for bodily injury or death, property damage or other loss or damage arisin9 from the conduct of any work by or any act or omission of ~i~e Te'iarr! o', ~n~, agent empiovee: contractor', invitee or licensee of the ~'enant, and in respect of al~ costs, expenses and iiabilities incurred by the Land~orc in connection with or arising out of a~ suc~ o~sm%, ' ~ "~ , ....... p~ns of an~ aouor: p,o~ .... o~n~, ;~e~a~rUng th .... ~c ATTACHMENT# 3 TO REPORT#OES 34-04 8 of 13 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. 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) 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. 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 o;- wori-~: stopr~ages; (ii; inabiii'c; ~c o~air an~' mater~a, sec'vise, utility o iabou!" requirec fulfill such obiigatior:: ATTACHMENT# 3 TO REPORT# OES 34-04 9 of 13 (2) (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 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) shali have the same rights and remedies in the event of any non- payment by the Tenant of any amounts payable by the Tenant ur~de;~ a.~'~-: ~.~ro,,4sior of this Leas~.: at:. ir the case of ~ r~on-paymem of rent; and i! the Tenant srl~i fai! to pay an:,- ten' o~ ot~'~e: amoum' fro,q'; time ~c~ time payable by i! ~c the Landio~'d hereunder promptiy when due, snai~ be entitied, ['i it snaii demand i~, '~o ln~erest thereon at 8 rate of (:,16 ATTACHMENT# 3 TO REPORT#OES 34-04 10 of 13 (2) (3) (4) ity.. bank from the date upor~ which the same was due unti! i actual payment thereof. 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. 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 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. Termination and Re-Ent~ If and whenever' the Landlord becomes entitled to re-enter upon the Premises under" any ~:~ro¥ision of 'this Lease the Landlord, in addition to all other riahts and ro ~rr..a~ shal~ haw~ the riaht to terminate this Lease fo~hwith by ieavino' u~on t~e P ~ ~ ~ i~ . of ,~ r~m,s .... notice writinp such Payment of' &enL e~c, or~ 'Termir~atior: ATTACHMENT# 3 TO REPORT#OES34-04 11 of 13 ":!.7 Lease and the Yerm shali 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 Prernises to the Landlord, and the Landlord may re-enter and take possession of them. 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 r~o ~,o!e~ant~,,*"``'"' - representations, warranties., agreements or conditions express or implied, collateral o~' otherwise forming part of or in any wa',.' ~ff..~.tlrl~ . . "" tn .... a.e save as expressl~ set out in this Lease; this Lease constitutes the entire *,',r,~=m,~n~' between the Landlord and the. Tenant and ,ms~.. i'1o~: b~: n'~Oahl...~.:.; ..¢.~,-: -~×ce;3~ , , as ,i..r~lr. explicitly ATTACHMENT# 3 7'0 REPORT#OES34-04 12 of 13 ,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 Michael Arnts or Theodorus Arnts, Jr., personally or mailed by prepaid registered mail addressed to T. Arnts Loam Supply Ltd., 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. R~GHT' O; FIRST REFUSAL The Tenant herein acknowledges that, notwitnstandin9 the provisions of Section the Tenani dated February 9 !98~ the~e is no ,,~gn~ of first refusa~ m favour of ATTACHMENT# 3 TO REPORT# OES 34-04 13 of 13 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, Clerk T. ARNTS LOAM SUPPLY LTD. Michael Arnts, President Theodorus Arnts, Jr., Vice-president RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Report OES 36-04 regarding the 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 1317970 Ontario Inc. for those lands consisting of 50,167.64 square metres of rentable area located in Lot 19, Concession 3, Pickering, and comprising that part of Parts 37 and 40, Plan 40R- 6934 for a term of one year commencing January 1, 2005 and expiring December 31, 2005. 3. That the Mayor and Clerk be authorized to give effect hereto. PICKER!NG REPORT TO THE EXECUTIVE COMMITTEE Report Number: OES 35-04 Date: October 19, 2004 02i From: Richard Holborn, P.Eng. Division Head, Municipal Property & Engineering Subject: 1317970 Ontario Inc. Pickering Driving Range Renewal of Lease Agreement Recommendation: 1. That Report OES received; and 35-04 regarding the renewal of a Lease Agreement be That the attached draft by-law be enacted to authorize the execution of a lease agreement (renewal for an additional year) with 1317970 Ontario Inc.,for those lands consisting of 50,167.64 square metres of rentable area located in Lot 19, Concession 3, Pickering, and comprising that part of Parts 37 and 40, Plan 40R- 6934 for a term of one year commencing January 1, 2005 and expiring December 31, 2005. 3. That the Mayor and Clerk be authorized to give effect hereto. Executive Summary: Not applicable Financial Implications: FINANCIAL IMPLICATIONS: Rent for 2005 $17,500/year (12 equal installments of $i ,458.33/month ':~ius Realty 7@xes Plus $25.00 Administratiop Business '(axes (to be determirled} $17,499.96 $I7,499.96 i" q~, Date: October 19, 2004 Report OES 35-04 Subject: 1317970 Ontario inc. Pici<erincj Drivin9 Range Renewal of Lease Agreement Page 2 Background: The subject property is presently used for the purposes of carrying on the business of a golfing-driving range located at least 85 metres west of Brock Road and at least 6.i metres south of the northerly boundary of the premises; a miniature golf-putting facility located at least 6.1 metres south of the northerly boundary of the Premises, and an accessory parking area located between the golf-driving range and Brock Road and south of the miniature golf-putting facility. Affachmen~: 1. By-Law 2. Location Map 3. Lease Agreement Prepared By: Approved / End~ Ric/14ard Holb'~,~ P.Eng. D~ision Head~ /~unicipal Property & Engineering RH:ds Attachments h\COUNCiL\OES 35-04.doc Everett tirector Operations & Emergency Services CoDy' Chief Administrative Office~- Recommended fer.~th.e consi~eraZiorl, of ; =ickerin~ Cit~/Oour~ci.~ i B~-LAVV NO. and ~?,17~:)T(' Ontario ~nc. for' those,=n,~.~ ~ ~i ..... .... r~.~.,.~t,nvoi ,-, of 50,!67.64 square metres of rentable area located in Lot '19, Concessiona,':' Picketing, and comprising that pa~. of Pads 37 and 40, Plan 40R-6934. 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 COUNCIL 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 1317970 Ontario Inc. BY-LAW read a first, second and third time and finally passed this 2004. day of, David Ryan, Mayor Bruce Tayior~ Cit)~ Clerk (:23 / SU PROPERTY 40R-6934 PART 37 · PART 40" '!-Hi~_ _£.:,SE ,~,GRE;EMEr..i- maas sursuan'[ :o the provisions cf sections ~; 10 of the '~ as ~ the firs'r aav cf January 2005. OF THE FIRST PART. and - 1317970 Ontario Inc. 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 (1) The Landlord hereby leases to the Tenant those lands consisting of 50,167.64 square metres of rentable area located in Lot 19, Concession 3, Pickering, and comprising that part of Parts 37 and 40, Plan 4017-6934, 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, 2005 and expiring on the 31st day of December, 2005, unless the Term is earlier terminated. (2) If the Tenant continues to occupy the Premises after th(; expiration of the Term without any further written agreement and without objection by the Landlord, the Tenant shall be a monthly tenant at the rent and (except as to length of tenancy) on the terms and conditions herein set out and the period of such monthly tenancy shall be considered to form part of the Term. (3) If the Landlord, at the end of the Term hereof, determines that a golf- driving range or a miniature golf-putting facility, or both, should continue to be operated from the Premises, then the Landlord shall grant to the Tenant the first right of refusal to lease the premises, or part thereof, from the Landlord for such purpose, subject to whatever terms and conditions the Landlord may, in its discretion, deem to be appropriate. RENT The amount of tn~ Fen payable by 'the Tenant to the Landlorc yearly and even/ year durin.c: the 'f, erm, and during an)., period of overholding, is as follows: 1Tent m the amoum o'/ $i?'500 Dei annurF, payable ih 12 equai mont~iv instatirnents of ~' '~5¢ ~''~ as provided iD subsection ~'¢' Al! rent shai;, be palc b! the Tenant tc the Landlord in iav, ri:ui money of Canada at '~' ' ~.~4-~ .... of the Landiorc: set ,q '* ' ~U;. IF, sectlOF other place as the Land~ord shall fi*om time to time designate. ac'.'/~nc;= on :is::, fi!-~.? '-i:~,/ (:'f e~c!-, -q;qc e~,/.~r, c:~i~,,'id2t;- -;%'.,Fiti- ~ui'ir;c! tF;~ Term. GENERAL COVENANTS (i) The ...................... Tenant: (a) (b) for quiet enjoyment; and 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, (i) a golf-driving range located at least 85 metres west of Brock Road and at least 6.1 metres south of the northerly boundary of the Premises, (ii) a miniature golf-putting facility located at least 6.1 metres south of the northerly boundary of the Premises, and (ii) an accessory parking area located between the golf-driving range and Brock Road and south of the miniature golf-putting facility. (b) Active Conduct of Business To continuously, actively and diligently carry on the business described in subclause (a) on the whole of the Premises in a reputable manner and in compliance with all the provisions of this Lease; of Operation (~.~ Hours and Illumination To carry or'~ the ~ ..... - ....... . ,..uom,..~ only betweer-*,,~ hour.~ o~: ~ ':,~ s.n',., ant: 12:0( midnight, local time, and not to iliumina~e any sign or any pan of the Premises not contained within a buildin¢ or structure, except roi~ security purposes betweer 12:0'; a.m. and 6:3(i a.m.. ioca~ 'time: Business Name (f) ¥o mamzain ant operate the Premises so that they shall alwavs be of acoc ap:esranc.~ ant suitable tot the aroDer operauor', o.: [ne business redLureo To be carriec on thereto arid com~arabie w~th the standards oi the along the northerly boundary of the Premises where that boundary abuts the golf-driving range lees, and u~W~=,, ,~. ~eestn,=,,u=u for the u ,w,s of golf .,,~,1o In a direction perpendicular to Brock Road, at the Tenant's expense, (ii) to keep, renew, replace and decorate, as may from time to time be necessary for the purpose, all buildings, structures, screens, fences and signs on the Premises and all fixtures, furnishings, chattels and decorations therein, (iii) to keep the Premises orderly, tidy, clean and clear of all refuse, and (iv) to store all refuse on the Premises in receptacles such as to provide proper storage and to facilitate its removal, and to arrange for the regular removal of such refuse. 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. REPAIR AND DAMAGE The Tenant covenants with the Landlord to repair at the Tenant's own cost the Premises, including Leasehold Improvements and trade fixtures, reasonable wear and tear excepted. The Landlord may enter and view the state of repairs and the Tenant will repair according to notice in writing, reasonable wear and tear excepted. If the Tenant shall fail to repair after notice to do so, the Landlord may effect the repairs and collect the cost thereof from the Tenant as additional rent pursuant to section 13 hereof. -[AXES The Tenant covenants with the Landlord to pay promptly when due to the taxing authority or authorities havin[: jurisdictior al( taxes, rates- curies levies ano assessments whatsoever, whether municipai, pariiamen~aw or otherwise, levied, imposed or assessed m respect of the Premises and any and every business carried on in the Premise::.' b~ the Tenant~ o ir, respec'; o¢ trle: use oi occupanc~ thereof dnciuding iicence tees and inciudin9 witnoui iimi~atior any GS~i'' which may be eiicbie}. ~ . ) 7. LiCENCES./-,,~,ol~iqiv~z~qT AND oU~L= ~ ! nx~u. (i' Licences The Tenanl snail not permi( any pan, of the Premises to ce used or Tenant, ,zr ?rrni '~nt' Premises ct;let (hen the Tenant. its employees, customers ~nnc o?ner's having iawfu! business with it. .,"% Assi.qnment and Subletting The T~,,~,,, may assign. +~'~¢ Lease or ............ ¢ ~. ...... Premises conditionai on the approval of the Landlord. 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 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 ar- adequate description of the contem~at, ed woP: and where appropriate, working drawings and specifications thereof At! work to De performed in the Premises shall be pedormed by competent contractors and subcontractors of whon'i the Landlord shal~ have approved, such approvai not ~o De unreasonably witnneic. Ali such work snai~ ~e su~jec,. to inspection by and the reasonable su~en/ision of the Landlord, and shal'. DE D~F{'OFWi~{ ti' accordance with at"~: reasonable, conditions o~ manne: Jr ~:;c:~rdance with the. aescrip~ior o; won appro~eo Landlord (4) ~.ier~s a~'~c ~_r;ournDrances or~ im,2Fovei,ments sn.:i Fi)¢:_res ~r; connection with the malqn.q, erection, installation or alteration o? LeasehoId m~Drovements and trade, fixtures', ant al! oti~e? worh c" ms'[aita-[lons made b), or for ~ne 7enanx ~r or on the Pram sea the Tenant snail com~v ,,,v~tn ail the orovisions of the Construction L~er; ,=,c: and otne~ :~ums DavaDlet snd except ss ~c any SUCh hoid-baci< snail promptly pay al! accounts relating thereto. The Tenant shall not crea~:e any mo~gage, conditional sate agreement or other encumbrance ;n 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 or which any such moltgage, conditional sale agreement or other encumbrance would attach to the Premises or any pa~ 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 therefor shall arise or be filed or any such mo~gage, conditional sale agreement or other encumbrance shall a~ach, the Tenant shall within ~enty (20) days after receipt of notice thereof procure the discharge thereof, including any ce~ificate of action registered in respect ¢ any lien, by payment or giving security or in such other manner as may be required or permiEed 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 modgaging or encumbering its chattels, furniture or equipment not of the nature of fixtures. Removal of Improvements and Fixtures All Leasehold Improvements, trade fixtures, furniture ancl equipment shall be removed by the Tenant from the Premises either during or at the expiration or sooner termination of the Term. 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. 10. INSURANCE AND LIABILITY (1) Tenant's Insurance The Tenant shall take out and keep in force during the 7erin: (a') comprehensive insurance of the type cort~moniy called general public iiability, wt~ich shall include: coverage.: for persons liability contractual liability, tenants' iega~ liability, non-owned automobile; liability, bodily iniuw, death and property damage, at! or'! ar; occurrence basis with respec-;' to tile business carried or in or' fro.rr ti-~e Premises and the 'fenant's use eno occupancy o¢ the ':.'remgses, witr; coverage for' any one occurrenc.~: or ciain' o¢ no" ..... .... tnar Five, iViiliion Dollars ($5 000.000~, o:,'-~u~.,,"~, otne amount .~ .... . ...... ~ ,.n. w~is? I~SUF~.R35 sna! include th.'- L. andiord as ~, named insurec: ar!(': sh~I! proire3; fh,F ,=a~.~., u~ ..,al ,,~ ... Tenant as if ins ~.~r~io '~ were separateiy insured: and insurance, again3' such other peril:.:, and ir: such amounts as the. La~qdiora may from time to time reasonabi¥ require upon no[ ies$ tm::n ~.". c:b~vs ,,,rit,:er notice, such ,'ec., ,'e~ .5'~: fc be marJ~ OF the Al! ~nsurance 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 .... ~,,, other¢~'~se 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. I1" 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 therefor 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 property belonging to the Tenant or its employees, invitees or licensees or any other person in, or about the Premises. indemnity of Landlord Tt~e Tenant shall indemnify and save harmless the Landlord in respect of: ali claims for bodily injury o~ death, proper(y aamage or other loss or damage arising from the conduct of any work by or any act or omissio~ri 0(' the Tenant or arty agent, e-ap ovee. con(facto:, invitee o,' licensee of the Tenant, and in respec, o? ali costs, expenses aha liabilities incurre¢! ~y the Landlord in connectior~ with bt arisin9 out o'~ al; suer, claims, inciudin¢ the expenses o':: am actior o Landlord arising from any breach by the Tenant oi' any of its covenants and odiga'tions under trois Lease; and ail costs, expenses and reasonable legal fees rna ma,./be incurred ~_=~,a,.., .... en?orcinc a~ainst ~e Tend,? ~ "31 ACCESS OF LANDLORD Inspection and Access The Landlord shall be permitted at any time and from tirne 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. 12. 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) (ii) strikes or work stoppages; 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, tr.,e: time for Tulfiiimem oi: sucr,, obligation sP, al~ De ex~!er~c:,eo aurin~~. 'me period in wnicr~ SUCh circumstance operates to prevent deiay or restrict the fulfillment thereof, and the other party shali not be entitled to compensatior fo? an', inconvenience, nuisanc~ o~ discomforl tnereb~ occasioned (2:; Waive suffe~ any default, breacr'~ OF non-observance bx¢ !:tie otnei o1: am ir resDeo'i {'i: all~ :;Oi'itinLliFiC~ OF ~ui~=,'."~i5' defauii, breach or non-- observance., and no such waivei' shall be implied ,)u~ * si~all oni;,', be effective if expressed ir: writing. ir addition t~r ~i~; right~ :~r'.,d remedies of ~i';e LandiorC av~fii.':,~ble ,:( ii; i~, iht: even; of anT' default hereunde~ by ti~e Tenani: :~hrough impror~er compliance or non-cornpiiance with any obligation arising either under this or any other provision of this Lease or under statute or the general law the Landlord, .... h,,~.= ~he right at ~,,~' times to re,reedy..,'-~ ~..~,.,~..~* .... ~ .~*~' r'~'~e,~y~,,, ~ 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 taw. (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 (Jay 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 Landior¢ shai! have given to the Tenant notice rea(] r ng suer payment, or ii the Tenant shall breach or {aii to observe, and pedorm any of the covenants, agreements, provisos, conditions and othe;' obligations on the pa¢~ of ti'~e Tenant to be kept, obse~ed o;' performed hereunde', or i~' this ~ease shaii have. ~ecome terminated pursuam ~oan) provision hereof, or i( the Landlord shal~ have Pecome entitle( tc terminate this ~.ease and shai nave given notice termina~m[:; i~ pursuan' ~:; an?: provision tne~'eafte' ~:( ente, ,n~:{ eno upor the ~remises o~' an~ :~a~: tnereo: irC name: of the wnoie and the same tc have aaain., r~Dos~ ~ .... eno: eniov as notwitnstandin,c. inrfnwllh b,,- :eg~'zh%: upon the Premises not:ce in ,[w-tinE o1 3uc;' termination. ,~i Payment of Kent. 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. 14. IMPROPER USE OF PREMISES; BANKRUPTCY 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 immediately become due and paid by the Tenant. 15. MISCELLANEOUS PROVISIONS (1) Registration of Lease Neither the Tenant nor the Landlord shall register this Lease or a notice of this Lease. (2) Lease Constitutes Entire A,qreement There are no covenants, representations, warranties, agreements or conditions express or' implied, collateral or otherwise forming part of or in any wa?' affecting or reiadn§~ to tibia Lease save as expressiv se'( out in thi~-. Lease; this Lease constitutes the entire agreemen~ between trle Landtorc; and the Tenant and may not be modified except as herein explicitly provided o excep::: b~ agreernent ir writin9 executed b':' ti~e:. Landlord ano the ~enant, '.,! Notice? if to the; Landiorc, either deiivered ic the Sit,,,' Clerk personally maiiec b,,/ ~3re~saic registered mail addressed to the City Clerk at Picketing Oivic Complex One The Esplanade, Pickering, Ontario _!"/61:? the --'ena~s~; eff. f~er deiivere.: ~c: i'v!;- ~SaJ'- LaiJv persona!ix; or !~roc:: Road Nc~ffi' ? C E;o>::4.37 Pici,:arina. Oi'~ LI'/277 E~/ew 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 paiiy may from time to time by notice in writing to the other, clesignate 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. IN WITNESS WHEREOF the Landlord has hereunto affixed its Corporate Seal attested to by the hands of its authorized officers, and the Tenant has affixed his hand and seal. SIGNED, SEALED AND DELIVERED THE CORPORATION OF THE CITY' OF PICKERING Mayor Ryan Bruce Taylor, City Clerk 'i 3'i 7970 Ontario inc. (Dan Laiiy..., RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Report OES 37-04 regarding the Don Beer Arena Snack Bar Concessions be received; and That a by-law be enacted to authorize the execution of an amending licence agreement pursuant to which Picketing Hockey Association Incorporated will be permitted to continue to operate snack bar concession facilities within the Don Beer Arena; and 3. That staff at the City of Pickering be given authority to give effect thereto. REPORT TO EXECUTIVE COMMITTEE Repo~ Number: OES 3%04 Date: October 27, 2004 Stephen Reynolds Division Head, Culture & Recreation Subject: Don Beer Arena Snack Bar Concessions - Lease Amendment- Pickering Hockey Association Incorporated - File: CO3000 Recommendation: That Report. OES 37-04 regarding the Don Beer Arena Snack Bar Concessions be received and; A By-law be enacted to authorize the execution of an amending licence agreement pursuant to which Pickering Hockey Association Incorporated will be permitted to continue to operate snack bar concession facilities within the Don Beer Arena; 3. Staff at the City of Pickering be given authority to give effect thereto. Executive Summary: The Pickering Hockey Association have an existing Licence Agreement to operate the snack bar concession facilities at Don Beer Arena. The Pickering Hockey Association have identified they are not meeting their anticipated snack bar revenue and are requesting a reduction in their monthly fee. The Operations & Emergency Services Department recommend that an amending licence agreement be initiated with the Pickering Hockey Association Incorporated. Financia~ implications: Revenues: 2004 $!,000/month ); 4, months $ 4,000.00 2005 $i,000/month × 8 months $ 8,000.00 Report OES 3%04 Date: October 27, 2004 SuPject: Don Beer Arena Snack Bar Concessions Lease Amendment -. PicKering Hockey Association incorporated Page Background: On December 2, 2002, City Council enacted By-law #6064/02 to authorize the execution of a Licence Agreement with the Pickering Hockey Association Incorporated (PHA) for the operation of the Don Beer Arena Snack Bar Concessions. At the time of the renewal agreement, PHA had agreed to an increase in the monthly fee from $800 to $1,200 as a result of the additional third ice pad. In a letter dated September 23, 2004, PHA requested a reduction in their monthly fee. PHA have identified that over the past two seasons of operation they did not meet their anticipated revenue. PHA reported that during the 2002/2003 season, the new snack bar wasn't operational until January 2003. Three major tournaments were missed. The increase of ice useage with the additional ice pad for the full 2003/2004 season has not resulted in the increased sales to support the higher rent figure. PHA initially requested a reduction in the monthly fee from $1,200 back to $800. The City requires the Don Beer Arena snack bar concession to continue to operate. City staff have reviewed this request with PHA representatives. PHA would appreciate a reduction in the rate from $1,200/month to $1,000/month to the end of the term of their current agreement. The (Acting) Chief Administrative Officer and Division Head, Culture & Recreation recommend the monthly fee be reduced from $1,200/month to $1,000/month through to the end of the term of their current agreement (September 2004 - December 2005). Enactment of the draft by-law attached will authorize the execution of an amending licence agreement and be prepared in a form acceptable to the Solicitor for the City in consultation with the appropriate City Departments in conjunction with existing City practices. Attachments: i ,. DraA By-law, " ~ ~t~-"- fron' ~ir'k,--* ~' 2004. Report. OES 37-04 Date: October''~' z,, 2004 S"~'~,~"~" Don B...e, Arena Snack ~a: Concessions - Lease Amendment- Pickering Hockey ,Association Incorporated Page 3 Prepared By: , ~,,_....._/_/ J Stephen Reyn~l~ls ~ Divisi~'~', Culture & Recreation SR:lg Attachments Copy: Chief Administrative Officer Approved /Endorsed, By: Everett I~dh'~Sma (Acting) Chief Administrative Officer Recommended for t~6 c.efis~deration of Pickering ~ Thomas J. q~j~n, ~ief Administrative Officer THE CORPORATION OF THE CiTY OF PICKERING BY-LAW NO. Being a by-law to authorize the execution of an Amending Licence Agreement with Pickering Hockey Association Incorporated for the operation of snack bar concessions at the Don Beer Arena. WHEREAS, pursuant to the provisions of the Municipal Act, R.S.O. 1990, chapter M.45 the Council of the Corporation of the City of Pickering may enact a by-law for leasing premises owned by the Corporation. 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 Amending License Agreement, in a form acceptable to the City Solicitor, between the Corporation of the City of Pickering and Pickering Hockey Association Incorporated for the operation of snack bar concessions at the Don Beer Arena. BY-LAW read a first, second and third time and finally passed this 15th day of November, 2004. David Ryan,, Mayor Bruce Tavton ~.~tv September 23 2004 Mr. Steve Reynolds City of Picketing 1 The Esplanade Picketing, Ontario Dear Mr. Reynolds Over the years, the profit from the snack bar at Don Beer has always been an integral source of income for the PHA. Used to defray rising registration, development programs, sponsoring underprivileged kid's etc. Dudng the 200212003 season with the delays, the new snack bar wasn't operational until January. This meant we missed 3 tournaments, which'are big sales weekends for the snack bar. With the close proximity of Tim Hortons, patrons brought in coffee and snacks themselves. Profit for the 02/03 season was non existent. With a full season ahead in 2003~2004, we looked forward to an increase in sales for the snack bar, which unfortunately has not happened. Tim Hortons continues to be our biggest competitor, our coffee sales (which were very profitable) have been one of the hardest hit. With the ever-increasing demand on peoples' lives, we are finding less and less volunteers, Subsequently, for the snack bar, this translates into more paid staff. According to the figures for the 2003/2004 season, the snack bar again ended in the red. This year the snack bar' has a new manger and we are looking into ways to make the business profitable once more. We will be increasing certain prices, looking for alternative suppliers and changing the menu to include new items. To help us in this endeavor, we are asking if the City of Picketing would be willing to lower our rent back to $800.00fmonth. Since the opening of Pad 3, the PHA no longer needs to purchase practice ice from outside sources for our teams. Unfortunately practices are not as profitable as games, in relation to the snack bar. Subsequently, the increase of ice usage has not translated into enough increased sales to suppo~ the higher rent figure. RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Report CS 39-04 from the Director, Corporate Services & Treasurer be approved; and That Council approve the internal loans of up to $267,000 to be financed from the Development Charges Reserve Funds based on the purposes, terms & conditions as specified in Attachment 1 and furthermore, that the Director, Corporate Services & Treasurer be authorized and directed to take whatever actions necessary, including the recommendations below, to give effect thereto; and 3. That the Director, Corporate Services & Treasurer be authorized to: a) undertake long term financing through the issuance of debt up to a total amount of $1,537,000 for the projects listed on Attachment 2 in the indicated amounts up to a maximum term of 10 years, through the Region of Durham or the Ontario Municipal Economic Infrastructure Financing Authority (OMEIFA) for the following purposes, as indicated in ^ttachment 2: Parks $ 134,000 Property Maintenance 100,000 Roads 370,000 Culture & Recreation 555,000 Fire 378,000 Total $1,537,000 and the funding for remaining balances in these accounts amounting to approximately $79,008 be provided from the annual Current Budget; and b) undertake the financing of any projects or portions thereof that cannot be accommodated through the foregoing through internal loans or a financial institution offering long term financing under similar terms and conditions; and c) finance any capital expenditures currently financed through internal loans, should the need for funds arise, through the Region of Durham or through a financial institution; and d) make any changes, adjustments, revisions to amounts, terms and conditions or any other actions necessary in order to effect the above directions of Council; and That the costs of undertaking the financing, currently estimated at up to approximately $12,000, be charged to the 2005 Current Budget, General Government Loan Repayment; and That the annual repayment costs of principal and interest amounting to approximately $203,910 be included in the 2005 Current Budget and thereafter until the loan is repaid; and That the Director, Corporate Services & Treasurer be directed and authorized to finance any capital projects, the financing for which is not specifically approved by Council, through the issuance of debt or long term financing arrangements, through the Region of Durham, a financial institution, internal loans or whatever means necessary at the discretion of the Treasurer; and That the Director, Corporate Services & Treasurer be authorized to engage the services of any individual or firm, legal or otherwise, necessary to assist in the preparation of documentation, completion of an undertaking and any other aspects in regards to the financing of capital projects; and That the Director, Corporate Services & Treasurer be authorized to apply any excess proceeds raised on external and internal loans to other capital projects for which long-term financing is required, or to reduce the promissory notes for internal loans as is permitted under the Municipal Act; and That the Director, Corporate Services & Treasurer be directed to prepare the requisite by-laws for presentation to and adoption by Council at its meeting of November 15, 2004; and 10. That the appropriate officials of the City of Pickering be given authority to give effect thereto. Date: October 4 3 Giilis A. Paterson Director, Corporate Services & Treasurer Subject: Final Approval for Financing of Council Approved Capital Projects Internal Loans and External Borrowing Through the Issuance of Debt Recommendation: That Report CS 39-04 from the Director, Corporate Services & Treasurer be approved; and that: Council approve the internal loans of up to $267,000 to be financed from the Development Charges Reserve Funds based on the purposes, terms & conditions as specified in Attachment 1 and furthermore, that the Director, Corporate Services & Treasurer be authorized and directed to take whatever actions necessary, including the recommendations below, to give effect thereto; and, 3. the Director, Corporate Services & Treasurer be authorized to: a) undertake long term financing through the issuance of debt up to a total amount of $1,537,000 for the projects listed on Attachment 2 in the indicated amounts up to a maximum term of 10 years, through the Region of Durham or the Ontario Municipal Economic Infrastructure Financing Authority (OMEIFA) for the following purposes, as indicated in Attachment 2: Parks $ 134,000 Property Maintenance 100,000 Roads 370,000 Culture & Recreation 555,000 Fire 378,000 Total $1,537,000 and the funding for remaining balances in these accounts amounting to approximately $79,008 be provided from the annual Current Budget; undertake the financing of any projects or portions thereof that cannot be accommodated through the foregoing through internal loans or a financial institution offering long term financing under similar terms and conditions; 10. iinance any. :apitai. expenditures, currendy financed +'~.. ,ruua,,^ %- internai loans, sisouid the need for funds arise, through the Region of Durham or through a financiai nstitution; make any changes, adjustments, revisions to amounts, terms and conditions or any other actions necessary in order to effect the above directions of Council; the costs of undertaking the financing, currently estimated at up to approximately $12,000, be charged to the 2005 Current Budget, General Government Loan Repayment; the annual repayment costs of principal and interest amounting to approximately $203,910 be included in the 2005 Current Budget and thereafter until the loan is repaid; the Director, Corporate Services & Treasurer be directed and authorized to finance any capital projects, the financing for which is not specifically approved by Council, through the issuance of debt or long term financing arrangements, through the Region of Durham, a financial institution, internal loans or whatever means necessary at the discretion of the Treasurer; the Director, Corporate Services & Treasurer be authorized to engage the services of any individual or firm, legal or otherwise, necessary to assist in the preparation of documentation, completion of an undertaking and any other aspects in regards to the financing of capital projects; the Director, Corporate Services & Treasurer be authorized to apply any excess proceeds raised on external and internal loans to other capital projects for which long-term financing is required, or to reduce the promissory notes for internal loans as is permitted under the Municipal Ac¢,, the Director, Corporate Services & Treasurer be directed to prepare the requisite by-laws for presentation to and adoption by Council at its meeting of November 15, 2004; and, the appropriate officials of the City of Pickering be given authority to give effect thereto, ~enerail¥ approved by Council during the annuai capitai budgeting process and/or '~hrouan. specific 'eoorts, there has never been a saecific forma~ :agprova~ '~v ~,'~.,e Councii for capitai projects requirina such financing with the ~erms and c~nditions ~eing specified in detail. This Report to Council serves as that final formal approval and Corporate Services will complete all the necessary documentation. The 2004 approved debt financed capital projects will be funded by a combination of issuance of internal loans and external debt through the Region of Durham or a financial institution as per Attachment 2. Council has to formally approve the request to undertake the long term financing most likely through the issuance of debentures through the Region of Durham at the terms and conditions as arranged in the capital markets. The Director, Corporate Services & Treasurer has certified that these loans and the repayment thereof falls within the City's Debt and Financial Obligations approved Annual Repayment Limit for debt and other financial obligations for 2004 as established by the Province for municipalities in Ontario. Financial Implications: Internal Loans The 2004 Capital Budget included debt financing for the following projects, but due to the amounts being small, these projects are to be financed internally instead: Parks $175,000 Roads 60,000 Streetlight 32,000 Total $267,000 The combined principal and interest payment for the above internal loans will be $40,785 and payment will commence in 2005. These internal loans will be temporary financed by the Development Charges Reserve Funds and repay through an allocation in the annual current budget commencing in 2005. The internal borrowing rate is determined by using the average annual yield from the Region of Durham July !5, 2004 issue. This average rate was 5.09% for the 10-Year debt. Using this as a benchmark, the rate for 5-Year internal ioan is determined by ~educing the rate tc .5.00%. Tea ':o~ai sf aii 200~ ex~ernai ae~ ~equested is 51,537,000; sut of wnicx $339,000 is ¢etateci ;o 2003 capital budget items and the remainder related to the 2004 capital projects. Attachment 2 provides a detail breakdown of all projects funded by externai deDL The external borrowing rate will be determined by the capital markets at the time of the issuance of the debt. Financial Burden The annual loan and debt repayment charges are funded through the general property tax levy in the annual Current Budgets. The projected total of internal loans and debt outstanding for December 31, 2004 is $15,171,154 net of principal repayments to date. Please refer to Attachment 3. Background: Continuous growth has created a need for capital infrastructure to maintain the level of services provided to residents and businesses. Funding sources for capital projects are identified and approved by Council prior to the commencement of the projects. The continuous growth coupled with aging capital infrastructure calls for expansion to new facilities, replacement and repairs. This prompted the need for more borrowing to fund the capital projects. Total borrowings from the reserve funds to finance 2003 and prior years capital projects amounted to $9,250,071 and has almost maximized the amount that the reserve funds could lend out. Thus, during the 2004 budgeting process, there was no budget for internal loans from reserve funds. The $267,000 internal loans as reported on Attachment 1 are more of a switch from external borrowing to internal loans due to the small amount of funds required per project. Such internal borrowings require appropriate approvals and documentation in accordance with both the Municipal Act 2001, S418 and the Development Charges Act 1997, O. Reg. 82/98 s. 12(2)3,4,5. Corporate Services will complete the necessary documentation including Promissory Notes indicating the amount, term, interest rate and other relevant information relating to the internal loans and their repayment. Normally, all external debt requested by an area municipality is issued through the Region of Durham. However, if there may be other more cost effective means of financing available, the Treasurer may resort to these alternatives. Alternate financing may be desirable or necessary for some portions of the City's requirements. The Recommendations allow for the best course of action to take place. The recommendations aisc provide a !imited degree of flexibility in the event that the documentation for projects or portions thereof is insufficient to meet the iegai ~'ecuirements for a debenture issue in that the project can then be financed through other means. They also provide for some flexibility with the :reatment of excess ~remium) or excess funds resultin~ once project costs ~re complete and finai. The costs of financ:ng of approximateiy $i2,000 will be includea in the 2005 Current Budget for the 2004 capital projects. This cost represents commissions, legal fees, registration for debentures with the Canadian Depository for Securities (C.D.S.) and any discount upon sale. Under Pursuant to Resolution 144/99 the Mayor and Treasurer has the authority to sign the Promissory Notes. Attachments: 2. 3. 4. Internal Loans Funded by Reserve Funds as at December 31,2004 External Debt, Through Region of Durham or a Financial Institution Total Projected Internal Loans & Debt Outstanding at December 31,2004 By-law No. 6387/04 to 6392/04 Prepared By: Approved / Endorsed By: Caryn Kong Senior Financial Analyst Gillis A. Paterson Director, Corporate Services & Treasurer GAP:vw Attachments Copy: Chief Administrative Officer tRecommended fo~the co~ideration of Pickering City i~~ ¢,¢,.¢"'~ ,Thomas J. Qu' .~ef ,ald~inistrative Officer Year ?roiect Number Terms Ori_qinailv E~ud.qeted as Debt Financed Proiect$ Parks 2003 03-2718-001-01 1 O-Year 5.09% Amount Description of Loans David Farr Park 100,000.00 2004 04-2718-001-00 10-Year 5.09% Roads 2004 04-2320-001-02 5-Year 5.0O% Progress Frenchmans' Bay Park 3/4 Ton Pick-Up Truck Res.103/04 OES 22-04 75.000.00 35,000.00 2004 04-2320-004-02 5-Year 5.00% Streetliqht 2004 04-2325-007-01 1 O-Year 5.09% Replacement Culvert steamer High Pressure Hot Water Traffic Control Project Twin RiversNVoodview 25,000.00 32,000.00 Total Internal Loans for 2004 267,000.00 zOO. Debt & ~nternai Loans.xis 2004 ~nternai Loans-RTC 26/!0/2004 Year Proiect ;~ium her Parks 2003 03-2718-001-02 ,Property Maintenance 2004 04-2132-004-01 Roads 2003 03-2320-001-00 2004 04-2320-001-03 Culture & Recreation 2004 04-2124-005-05 2004 04-2731-005-07 Fire 2004 04-2240-001-01 Terms Reference !0-Year OES 36-03 Res. 143/03 Oct. 7, 2003 Meeting Description Duffins West Pedestrian Trail 1 O-Year OES 21-04 Res. 96/04 June 21, 2004 Meeting Four Wheel Drive Articulating Tractor 5-Year 5-Year OES42-03 Res. 170/03 Dec. 15, 2003 Meeting OES 19-04 Res.94/04 June 21, 2004 Meeting 5-Ton Tandem Dump Truck 4-Ton Dump Truck 5-Year OES 25-04 Res. 113/04 Sept. 20,2004 Meeting 10-Year OES 25-04 Res. 113/04 Sept. 20,2004 Meeting Pickering Civic Complex Chiller Conversion Pickering Recreation Complex Chiller Replacement 10-Year OES 24-04 Fire Pumper Vehicle Res. 113/04 Sept. 20,2004 Meeting Total External Debt Required of Debt $134,000 100,000 205,000 165,000 130,000 425,000 378,000 1,537,000 2004 Debt & !mernal Loans.xis 2004 E~ernal Debt 26/10/2004 internal Loans 2001 & Capital Projects 2002 Capital Projects 2003 Capital Projects 2004 Capital Projects Total Internal Loans Originai Amount 7,677,0O0 1,224,000 349,071 267,000 9,517,071 2001 2002 2003 2004 Dec. 31, 2004 Princi.oai Principal Principal Principai Outstanding ~eDavment Repayment ~Re agA_v_ment ~,egayment 3atance (604,837) (624,089) (939,545) (738,935) 4,769,594 0 0 (98,180) (103,836) 1,021,984 0 0 0 (27,495) 321,576 0 0 0 267,000 (604,837) (624,089) (1,037,725) (870,266) 6,380,154 External Debt 2002 Capital Projects 2003 Capital Projects 2004 Capital Projects Total External Debt 4,278,000 0 3,494,OO0 0 1,537,000 0 9,309,000 0 0 (252,000) (266,000) 3,760,000 0 0 0 3,494,000 0 0 0 1,537,000 0 (252,000) (266,000) 8,791,000 (1,289,725) (1,136,266) 15,171,154 ,.Total Projected Debt 18,826,071 .... (604,837) (624,089) 2004 Debt RTC ~ Attachment 3.xis Total debt-RTC 2004 26/10/2004 "51 .:escr;bec~ n t;'~at Section; and. WFF~E&S" ~' " ........ oubsecuon 40i (i) of the Municipai Act. 200 ,~, as amended, provides that a ;'nunicipaiity may incur a ae,3t for municipal purposes, whether by borrowing money or in an',,,' other way'; and, WHEREAS Subsection 401 (3) of the Municipal Act, 2001, as amended, provides that a lower-tier municipaiity in a regional municipality does not have the power to issue debentures; and. WHEREAS The Regional Municipality of Durham has the sole authority to issue debentures for the purposes of its lower-tier municipalities including The Corporation of the City of Pickering (the "City"); and, WHEREAS the Council of the City approved Report OES 36-03 at its meeting of October 7, 2003 pursuant to Resolution #143/03 awarded Tender T-13-2003 for the Duffins West Pedestrian Trail project at that meeting; and, WHEREAS the construction of the Duffins West Pedestrian Trail project has been completed; and, AND WHEREAS before the Council of the City authorized the Duffins West Pedestrian Trail project, the Council of the City had the Treasurer update the City's Annual Repayment Limit, the Treasurer calculated the estimated annual amount payable in respect of such project and determined that such annual amount would not cause the City to exceed the updated Limit and, therefore, Ontario Municipal Board approval was not required prior to City Council's authorization as per Section 401 of the Municipal Act, 2001, as amended, and the regulations made thereunder. NOW THEREFORE, BE IT ENACTED AND ITS IS HEREBY ENACTED AS A BY-LAW OF THE CORPORATION OF THE CITY O.F PICKERING AS FOLLOWS: 1. That the estimated costs of the construction Of the Duffins West Pedestrian Trail project in the amount of $134,000 be financed as follows: a) That the sum of $134,000 be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed ten (10) years; That the funds to repay the principal and interest of the debentures be provided for in the annual Current Budget for the City commencing in 2005 and continuing thereafter until the Joan is repaid. Ey4aw read ~. ~irst, second and third time and finally passed this ' 5th day of i',]ovember City r- "52 WHERE. AS municipality ,n any othe: .Eubsection ~01(~) of the Mun/c/pa/,4cL .~_001, as amendes. ,~. dy de~ that a may incur a debt for municipal purposes, whether bv borrowing money or way; and, WHEREAS Subsection 40t (3) of the Mun. icipai Act, 2001, as amended, provides that a !ower-tier municipality in a regional municipality does not have the power to issue debentures; and. WHEREAS The Regionai Municipality of Durham has the sole authority to issue debentures for the purposes of its lower-tier municipalities including The Corporation of the City of Pickering (the "City"); and, WHEREAS the Council of the City has approved Report dES 21-04 at its meeting of June 21, 2004 pursuant to Resolution #96/04 and awarded Quotation Q-15-2004 for the purchase of a Four Wheel Drive Articulating Tractor project at that meeting; and, WHEREAS the purchase of a Four Wheel Drive Articulating Tractor project has been completed; and, AND WHEREAS before the Council of the City authorized the purchase of a Four Wheel Drive Articulating Tractor project, the Council of the City had the Treasurer update the City's Annual Repayment Limit, the Treasurer calculated the estimated annuai amount payable in respect of such project and determined that such annual amount would not cause the City to exceed the updated Limit and, therefore, Ontario Municipal Board approval was not required prior to City Council's authorization as per Section 401 of the Municipal Act, 2001, as amended, and the regulations made thereunder. NOW THEREFORE, BE IT ENACTED AND ITS iS HEREBY ENACTED AS A BY-LAW OF THE CORPORATION OF THE CITY OF PICKERING AS FOLLOWS: 1. That the estimated costs of the purchase of a Four Wheel Drive Articulating Tractor project in the amount of $100,656 be financed as follows: a) That the sum of $100,000 be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed ten (10) years; b) That the balance of $656 be funded from the 2004 Current Budget; 2. That the funds to repay the principal and interest of the debentures be provided for in the annual Current Budget for the City commencing in 2005 and continuing :hereafter mtii the ioan is repaid. St/-ay, 'eec a !',~"s~. sesonc ant ',bird time and ~inaily ::assea the ' 5th Say o'.; ,!ovembe? . . . .;¢t1 ~ n SDR~i'es mav 3ass QV-iaWS ~"especdn!~ isqatte~'s "~'' ~iqe oi: ;urisdicdos Section; aRQ, WHEREAS Subsection 40i(i) of the Munic Dai Acr, 2001, as amended, provides that ;,-nu~'iicipaiity may incur a debt '?or municipal purposes, whether by borrowing money or in an;.,' othe~ way; and, WHEREAS Subsection 401(3) of the Municipal Act, 2001, as amended, provides that a lower-tier municipality in a regional municipality does not have the power to issue debentures; and, WHEREAS The Reeionai Municipality of Durham has the sole authority to issue debentures for the purposes of its lower-tier municipalities including The Corporation of the City of Pickering (the "City"); and, WHEREAS the Council of the City approved Report OES 42-03 at its meeting of December 15, 2003 pUrsuant to Resolution #170/03 and awarded Quotation Q-36-2003 for the 5-Ton Tandem Dump Truck project at that meeting; and, ~NHEREAS the purchase of the 5-Ton Tandem Dump Truck project has been completed; and, AND WHEREAS before the Council of the City authorized the purchase of a 5-Ton Tandem Dump Truck project in the City of Picketing, the Council of the City had the Treasurer update the City's Annual Repayment Limit, the Treasurer calculated the estimated annual amount payable in respect of such project and determined that such annual amount would not cause the City to exceed the updated Limit and, therefore, Ontario Municipal Board approval was not required prior to City Council's authorization as per Section 401 of the Municipal Act, 2001, as amended, and the regulations made thereunder. NOW THEREFORE, BE IT ENACTED AND ITS IS HEREBY ENACTED AS A BY-LAW OF THE CORPORATION OF THE CITY OF PICKERING AS FOLLOWS: That the estimated costs of the the. purchase of a 5-Ton Tandem Dump Truck project in the City of Pickering in the amount of $205,023 be financed as follows: a) Tha~ the sum of $205,000 be financed by the issue of debentures by The Regionat Municipality of Durham over a period not to exceed five (5) years; b) That the baiance of $23 be funded by the 2004 Current Budget; funds to Cepsy the principal and interest of the debentures be provided ,~' .of ~he ~nnuai Currem Budget for the ..~b~. Picketing commencln~ in 2005 · :3;~tinuin~ ~haresfter until the loan is reD~i~. -"'54 ;.ir: ;sunic:saity m~'~ sass s.v- a. ws respecting matters '~vithin ~he ssneres: sf iui'isdicticn ::iesc:i~ec in tna~. Section; s, nd, ~v ....... n~.~ ,-,.~ Subsection ~., of the Munic~si Ac,,; 2001, as amended, .grovldes thai a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way; and, WHEREAS Subsection 401 (3) of the Municipal Act, 2001, as amended, provides that a lower-tier municipality in a regional municipality.does not have the power to issue debentures; and, WHEREAS The Regional Municipality of Durham has the sole authority, to issue debentures for the purposes of its Iower-tier municipalities including The Corporation of the City. of Pickering (the "City"); and, WHEREAS the Council of the City has approved Report OES 19-04 at its meeting of June 21, 2004, pursuant to Resolution #94/04 and awarded Quotation Q-21-2004 for the purchase of a 4-¥on Dump Truck in the City of Pickering at that meeting; and, WHEREAS the Council of the City is proceeding with the purchase of the 4-Ton Dump Truck in the City of Pickering; and, AND WHEREAS before the Council of the City authorized the purchase of a 4-Ton Dump Truck in the City of Picketing, the Council of the City had the Treasurer update the City's Annual Repayment Limit, 'the Treasurer calculated the estimated annual amount payable in respect of such project and determined that such annual amount would not cause the City to exceed the updated Limit and, therefore, Ontario Municipal Board approval was not required prior to City Council's authorization as per Section 401 of the MunicipalAct, 2001, as amended, and the regulations made thereunder. NOW THEREFORE, BE IT ENACTED AND ITS IS HEREBY ENACTED AS A BY-LAW OF THE CORPORATION OF THE CITY OF PICKERING AS FOLLOWS: That the estimated costs of the purchase of a 4-Ton Dump Truck in the City of Pickering in the amount of $165,810 be financed as follows: (a) That the sum of $165,000 be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed five (5) years; ,) ~b, That the remaining sum of $810 be funded frOm the 2004 Current Budget; That ,~he funds to repay the prlncipaf and interest of the debentures be provided for in the annual Current Budget for the City commencing in 2005 and continuing thereafter until u,~ ...... reBaid ma.;~, sass sv-~aws ?especting matzem within ;:he soneres o.,' unsa~c't~os Section; and, WHEREAS Subsection 40t(i) of the Municipal AcL 2001, as amended, provides ~ha[ a municipality may incur a debt for municipal purposes, whether by borrowing money or ;n any other way; and, WHEREAS Subsection 401(3) of the Municipal Act, 2001, as amended, provides that a lower-tier municipality in a regional municipality does not have the power to issue debentures; and, WHEREAS The Regional Municipality of Durham has the sole authority to issue debentures for the purposes of its lower-tier municipalities including The Corporation of the City of Picketing (the "City"); and, WHEREAS the Council of the Corporation of the City of Pickering has approved Report OES 25-04 at its meeting of September 20, 2004 pursuant to Resolution #113/04 and awarded Tender %3-2004 for the Picketing Complex Chiller Replacement: and Pickering Civic Complex Chiller Conversion in the City of Pickering; and, WHEREAS the Council of the City is proceeding with the Picketing Complex Chiller Replacement and Pickering Civic Complex Chiller Conversion in the City of Pickering; and, AND WHEREAS before the Council of the City authorized the Pickering Cornplex Chiller Replacement and Pickering Civic Complex Chiller Conversion in the City of Picketing, the Council of the City had the Treasurer update the City's Annual Repayment Limit, the Treasurer calculated the estimated annual amount payable in respect of such project and determined that such annual amount would not cause the City to exceed the updated Limit and, therefore, Ontario Municipal Board approval was not required prior to City Council's authorization as per Section 401 of the Municipal Act 2001, as amended, and the regulations made thereunder. NOW THEREFORE, BE 1T ENACTED AND ITS IS HEREBY ENACTED AS A BY-LAW OF'THE CORPORATION OF THE CITY OF PICKERING AS .FOLLOWS: That the estimated costs of the Pickering Complex Chiller Replacement and Pickering Civic Complex Chiller Conversion in the City of Pickering in the amount of $632,519 be financed as follows: That the sum of $130,000 for the Pickering Civic Complex Chiiler Conversion be financed by the issue of debentures by The Regionai Municipality of Durham over a period not to exceed five (5) years; sum., ~ ~s,O00 rot P~ckerina ~-~.ecreation ComDie,'.( }hiiie~' :amacsment be iinanced by the ~ssua ~f ashen[utes :v The '~ds~nic~PaiJtv o'i: Durham over a oedod no~ 'o ="c~a ten TM m veal's: ~=: ~aR ,~ubsecdon :~C:'i ¢ 1'., cT ::se/Viuniciuai, ,4ct. 200 i, as amenaed. 3rcvises ;ha: a other way; and. WHEREAS Subsection 40i (3) of the Mun/c/pai,act. 200i. as amended, provides tha: a iower-tier municipaiity in a regional municipality does not have the power to issue debentures: and. WHEREAS The Regional Municipality of Durham has the sole authority to issue debentures for the purposes of its lower-tier municipalities including The Corporation of the City of Pickering (the "City"); and, WHEREAS the Council of the City of Picketing has approved Report OES 24-04 at its meeting of September 20, 2004 pursuant to Resolution 113/04 and awarded Quotation Q-29-2004 for the purchase of a Fire Pumper Vehicle in the City of Pickering; and, WHEREAS the Council of the Corporation of the City of Pickering is proceeding with tile purchase of a Fire Pumper Vehicle in the City of Picketing; and. AND WHEREAS before the Council of the City authorized the purchase of a Fire Pumper Vehicle in the City of Pickering, the Council of the City had the Treasurer update the City's Annual Repayment Limit, the Treasurer calculated the estimated annual amount payable in respect of such project and determined that such annual amount would not cause the City to exceed the updated Limit and, therefore, Ontario Municipal Board approval was not required prior to City Council's authorization as per Section 401 of the Municipal Act, 2001, as amended, and the regulations made thereunder. NOW THEREFORE, BE IT ENACTED AND ITS IS HEREBY ENACTED AS A BY-LAW OF THE CORPORATION OF THE CITY OF PICKERING AS FOLLOWS: That the estimated costs of the purchase of a Fire Pumper Vehicle in the City of Pickering in the amount of $378,000 be financed as follows: a) That the sum of $378,000 be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed ten (10) years; That the funds to repay the principal and interest of the debentures be provided for in the annual Current Budget for the City commencing in 2005 and continuing thereafter until the loan is repa d. first second snd third time and finaity passed.~he ~th ds},' November DATE RECOMMENDATION OF THE EXECUTIVE COMMITTEE MOVED BY SECONDED BY That Report CS 38-04 of the Director, Corporate Services & Treasurer, concerning Investment Portfolio Activity for the Year ended December 31, 2003, be received by Council for information. REPORT TO EXECUTIVE COMMITTEE Report Number: CS 38-04 Date: October 25, 2004 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Investment Portfolio Activity for the Year ended December 31,2003 Recommendation: 1. It is recommended that Report CS 38-04 of the Director, Corporate Services & Treasurer be received by Council for information. Executive Summary: The following report and attachments represent a summary of the investment activity and year end balance in the portfolio. Investment activity for the year 2003 totaled approximately $133.9 million with a year end balance in the portfolio of approximately $29.9 million. Current Fund investments are limited to one year or less and Reserve Funds to 10 years or less under the Council approved policy. Financial Implications: None Background: The City's investment portfolio is comprised of two main areas: Reserve Funds, and balances available in the Current Fund when not required to meet current operating expenditures. This latter balance can vary greatly depending upon many factors including the timing of the receipt of property taxes and levy payments to the School Boards and the Region. Investments are undertaken as one consolidated pool of funds and interest earned is credited back to the appropriate funds. As the Treasurer of the City of Pickering there are certain information and opinions that I must repod, under Provincial Regulation, to the Committee and Council, The attached schedules are also included as part of the information requirements i feel that the portfolio performed we!! durin.o,, 2003 with 8. weighted yearl?' rate of return of 3,!6% on the combined snort, ~errr:, and ior¢, tern'- investrnents exctudin9 interfund investmenis, 'The average return on intedund investments was 5.5%, As you are aware investment parameters are much narrowe~~ fo? the ,._,~y thor Report CS 38-04 ~uD~e~.~. investment Portfolio Activit.~ fo~' the Year Ended D . ,',~-,~mn,=.- 3i 2003 Date: October 25, 2004 Page 2 The emphasis of the City's investment strategy has been To increase the portion of long term investments to the overall portfolio, while retaining sufficient liquidity for current operations, to take advantage of more stable rates of return rather than fluctuating with the short term markets. This move towards a more balanced portfolio of short term and long term investments allowed the City to capitalize on higher rates of return for the portfolio when the shod term rates were seeing a decline in the latter half of 2003. Of the year end total portfolio of some $29.9 million, approximately $7.2 million or 24.1% (2002 - 8.4%) were external long term investments and approximately $7.0 million or 23.4% (2002- 23.1%)were Interfund Investments (Internal Loans). With the current market environment this strategy has been advantageous to the City as the short term rates have continued to decline over the course of 2004 and were averaging around 2.0% for the third quarter of 2004. From a review of the City's investment portfolio performance report as of September 30, 2004, provided by BMO Nesbitt Burns, the City's portfolio continues to exceed the money market fund returns. The year to date rate of return for September 30, 2004 is 3.59% and the top comparable rate for the money market funds is 2.7%. It is my opinion that all .investments were made in accordance with the Investment Policy approved by Council. Attachments: 1. Investment Activities for 2003 2. Outstanding Investments as at December 31,2003 Prepared By: / 'Kri~tine Senior Manager, Accounting Services Approved / Endorsed By: Gillis A. Paterson Director, Corporate Services & Treasurer &ttacn ments Copy: Chief Administrative Office~ .=ickerir~9. cit~,E..Oo u'n~T~ <~z , ~z~ 9o ooooO, 9o, c?, oooo~ooooooo, , , , , , , ,~oo~oooo 0 0 0 0 0 ~D ~ (D z,z, ~¢_¢_~ , <, < << < <¢¢,~0o, ¢'°°°° z'9'~'"~ =' ~ ....... ===='~,~,.-,~,~,~,~8,,--~"~ z'z'zz~°z 0 000~ ~ 0,10'.1 cO 00 ~10,1 ¢Xl C,.I 0 ¢N~¢0 00000 000000000000000000000000000000000000000000000000~0 O0 1.1_ U_ O0 oO oo o~0 00000 00000~ 000000 xxx ,& qqq o qqq ~ ooo 00000~ OZZZZZ~ 00000000 d~~m ~ 0~0~ 000000 ~00~0~0 ~~0 000000 qqqqqqc O00000C 000~00 000000 EEE ~ooo RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Report CS 40-04 of the Director, Corporate Services & Treasurer concerning Formal Quotations - Quarterly Report for Information be received and forwarded to Council for information. REPORT TO E×ECUT VE COMMITTEE Report Number: .... ,._,~ 40-04 Date: October 20, 2004 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Formal Quotations - Quarterly Report for Information Recommendation: It is recommended that report CS 40-04 of the Director, Corporate Services & Treasurer concerning Formal Quotations - Quarterly Report for Information be received and forwarded to Council for information. Executive Summary: Council approved the Purchasing By-law on November 5, 2001 which includes a request to have a summary of contract awards arising from the formal quotation process be forwarded to Council as information only on a quarterly basis. Financial Implications: Not applicable Background: In accordance with Purchasing Policy Item 04.06, a summary of contract awards arising from the formal quotation process is provided herein for the information of Council. Formal Quotations Summary July 1,2004 to September 30, 2004 Taxes as applicable Reference Nc~ 0-23-2004 Descri ,.. u ~aclno, Materiai ption Supply and instaii safety surfacing material f{,,~ piay~rounds ~uppl:~: arc; CORCF~t~ sidewalk Vendor Piavoare ino Pricing $35 105,00 PST ~' G ST e×t~a Date Awarded ,Juh; 13/2004. Dctobe? Report CS 40-04 Subject: .=ormal Quotations - QuarteriF Report for informatior October20,2004 Page 2 Reference No. Descri )tion Vendor Pricinq Date Awarded ~_"~)'_~.'~)~ .... i One Ton Pickup Supply and ! Donway $42,683.00 August 20, Truck delivery of a one Ford Sales ~ PST incl 2004 ton pickup truck GST incl Q-32-2004 Dunbarton Road Supply and Bob $44,800.00 September 27, Culvert installation of Hendrickson PST incl 2004 culvert, Construction GST extra Dunbarton Road Ltd. Q-35-2004 Gateway Supply and King West $42,834.00 September 29, Islands and installation of Contracting PST incl 2004 Street Trees gateway islands Ltd. GST extra and street trees Q-21-2003 School Crossing 2® year renewal Adecco $27,618.70 July 30, 2004 Guard Program for provision of Employment per month schoolcrossing Services Ltd. PST N/A guards GST extra %206-2004 Co-operative Supply and Vicdom Various unit September 30, tender - delivery of Sand & prices 2004 Granular 'A' granular 'A' Gravel Material material T-282-2004 Co-operative Supply and Lafarge Various unit September 30, tender- Winter delivery, of Canada Inc. prices 2004 Sand winter sand P-259-97 Co-operative Supply and Valley Various unit September 28, proposal for delivery of plow Blades prices 2004 plow blades blades Limited T-220-00 Co-operative Supply and Tirecraft/ Various unit September 28, tender for tires,delivery, of tires, Attersley prices 2004 repairs & treads treads and Tire provision of tire repairs C570-03 Co-operative Provision of Securicor Various unit September 30, tender for armoured car Cash prices - 2004 armoured car services Services approximate value ~ ~ services ,I .I e,~r~ ~r~r~ I Co-operative '~enaer for inspection & testing of Dumpers C~rovision of testing service fo~' fire Darch Fire ~lC Various unit prices; July 30,2004 Report CS 40-04 ,,.~uo,abon~ Quarterly Repo~ fo~' ~nformation SUDJe~,~. Formal ~' Date: October20,2004 Page 3 Attachments: Not applicable Prepared By: Approved / Endorsed By: Vera A. Felgemacher Manager, Supply & Services Copy: Chief Administrative Officer Recommended for the considerati Pickering City Council of Gillis A. Paterson Director, Corporate Services & Treasurer homas J. Quinn, C~~t'~istrative Officer RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That the draft by-law to appoint persons to enforce the Parking By-law at 1822 Whites Road, 1100 Begley Street, 1865 Kingston Road and Pickering Town Centre, 1355 Kingston Road, be forwarded to Council for approval. Subject: Appointment to enforce the Parking By-law at 1822 Whites Road, 1100 Begley Street, Kingston Road and Pickering Town Centre, 1355 Kingston Road. Recommendation: That the draft by-law to appoint persons to enforce the Parking By-law at 1822 Whites Road, 1100 Begley Street, Kingston Road and Pickering Town Centre, 1355 Kingston Road, be forwarded to Council for approval. Executive Summary: Not Applicable Financial Implications: None Background: Correspondence has been received from Securitas Canada and Pickering Town Centre requesting the appointment of persons as By-law Enforcement Officers for the purpose of enforcing the Parking By-law at 1822 Whites Road, 1100 Begley Street, Kingston Road and Pickering Town Centre, 1355 Kingston Road. Attachments: Correspondence from ,.,ecur,[~,s Canada Correspondence from Pic,~edng Town Centre ~. afl: ~v-!aw ;,.~ebb~e Wstrous ,~,¢mm~tt,..~ Coordinator Giilis A. Paterson~ Director, Corporate .Sen/ices & Treasurer BT:dw Attachments Approved ~'r~uce Taylor City Clerk Recommended~_, lnsideration of Pickering C~o?ncil;? ;.Thomas J. Ouinn~,C'hiefi[: 8ministrative Officer "71 20 September 2004 The ,;orr)oration 'of fhe Ci'iv ,'}f Pickerin:! Pickering Civic Complex One The Esplanade Pickering, ON L1V 6K7 Attention: Debbie Kerns Dear Mr. Kerns, Securitas Canada Ltd. Along with Valiant Property Management, Simerra Property Management and Newton Trewlaney Property Management requests that the Corporation of the City of Pickering approve and recognize the following employees of Securitas Canada Ltd. as Private Property Parking Enforcement Officers. Mark Dagger This being for the properties located at 1822 Whites Road, 1100 Begley Street and 1865 Kingston Road in Pickering. Please contact me at 905 571 40404 if you should have any questions. Thanking you in advance for your cooperation in this matter. Sincerel~:~/ _s :(55 York lami Boulevard, ?' Floor '~Iorth ¥~ik, Ontario M3I 1S5 [bieplmnc: (1]~) 774-2500/(800) 208-0545 :ax: hlI6} 774-254~ ~5y- ~aw c, nlorcemen[ i the Esplanacte ?ickering, Ontario LIV lB8 Attention: iDebbie Waprous Dear Debbie, This letter is to request om' on-site list of parking enforcement Security Officers be updated as well as being appointed Municipal Law Enforcement Officers for Pickering Town Centre, 1355 Kingston Road, Pickering Ontario, in the Region of Durham. These appointments would be solely for the purposes of policing parking infractions as they relate to the property. Inactive MLEO's on private property are as follows; Stewart Eckford Candice Chicoine Katherine Walker Gio Santoro The list of names noted above is to be replaced with the following: Bradley O'Connor - Badge #2002 Keith Correia- Badge #2013 Adam Brown - Badge #2009 Keely Smith - Badge #2008 John Cilia - Badge #2007 (additional) Should you have any questions or require any further information, please do not hesitate to contact me at (905) 683-717! ext23! Yours truly, S a~¢ Lind0 ~.c~un.rv Manager officars ~re peace o;ffecers for ~he ~urpose oi enfcrcir~g munici~ai b¥4aws; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE C~TTM OF PICKER~NG HEREBY ENACTS AS FOLLOWS: -j. That the following persons be hereby appointed as municipal law enforcement officers in and for the City of Picketing in order to ascertain whether the provisions of By-law 2359187 are obeyed and to enforce or carry into effect the said By-taw and are hereby authorized to enter at all reasonable times upon lands municipally known as: a) 1822 Whites Road, 1100 Begley Street and 1865 Kingston Road: Mark Dagger b) Pickering Town Centre, 1355 Kingston Road: Bradley O'Connor Keith Correia Adam Brown Keely Smith John Cilia The authority granted in section 1 hereto is specifically limited to that set out in section 1, and shall not be deemed, at any time, to exceed the authority set out in section 1. These appointments shall expire upon the person listed in section l(a) ceasing to be an employee of Securitas Canada or upon Securitas Canada ceasing to be agents for 1822 Whites Road, 1100 Begley Street, or Kingston Road, or upon the persons listed in section l(b) ceasing to be employees of Pickering Town Centre. BY-LAW read a first, second and third time and finally passed this 15th day of November, 2004, David Ryan, Mayor