HomeMy WebLinkAboutOES 57-02
REPORT TO THE
FINANCE & OPERATIONS COMMITTEE
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Report Number: OES 57-02
Date: November 12, 2002
From:
Richard Holborn, P.Eng.
Division Head, Municipal Property & Engineering
Subject:
O.J. Muller Landscape Contractor Ltd
Renewal of Lease Agreement
Recommendation:
1. That a by-law be enacted to authorize the execution of a lease agreement with
O.J. Muller to lease those lands consisting of a stone house and 6.074 acres, to
use and occupy the property or the premises to cultivate the land for cash and to
store market nursery stock. The property and premises are located on Brock
Road North, Pickering, and compromising those parts of Lot 19, Concession 3,
Pickering, designated as Parts 2 and 3, Plan 40R-7012.
2. That the Mayor and Clerk be authorized to give effect hereto.
Executive Summary:
Not applicable
Financial Implications:
FINANCIAL IMPLICATIONS:
Rent for 2003 $1 ,500/month x 12 =
Rent for 2004 $1 ,500/month x 12 =
$18,000
$18,000
$36,000
Plus G.S.T.
Business taxes
(to be determined)
Background:
The subject property was deeded to the City as part of an agreement with Veridian
Connection (formerly known as Pickering Hydro Electric Commission) in November
1999.
1 ? 6 Report OES 57-02
Date: November 12, 2002
Subject: O.J Muller Landscape Contractor Ltd.
Renewal of Lease Agreement
Page 2
The property is presently used as a nursery for a landscape business and the home on
the property is used for residential purposes. Much of the property is natural woodlot
ancillary to the residential and nursery use.
The lease is generally similar to other leases of land in the vicinity owned by the City of
Pickering.
The term of lease is 2 years, 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 2002. Any
increase will require further notification to the tenant.
The Department of Operations & Emergency Services 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.
2.
3.
By-Law
Location Map
Lease Agreement
Report OES 57-02
Date: November 12, 2002
Subject: O.J Muller Landscape Contractor Ltd.
Renewal of Lease Agreement
12'(
Page 3
Prepared By:
Evere Bu a, Director
Operations & Emergency Services Department
BK:
Attachments
Copy: Chief Administrative Officer
Recommended for the consideration of
Pickering City Council
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ATTACHMENT#--L. lOREPORT# Ct:'J "':> /-(,~
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THE CORPORATION OF THE CITY OF PICKERING
1:?8.
BY-lAW NO.
Being a by-law to authorize the execution of a lease
Agreement between The Corporation of the City of Pickering
and O.J. Muller landscape Contractor Ltd. for the leasing of
those lands consisting of a stone house and 6.074 acres
located on Brock Road North, Pickering, and comprising
those parts of lot 19, Concession 3, Pickering, designated
as Parts 2 and 3, Plan 40R-7012.
WHEREAS pursuant to the provisions of subsection 191 (1) Municipal Act, RS.O.
1990, chapter M.45, 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:
1.
The Mayor and clerk are hereby authorized to execute a lease Agreement in the
form acceptable to the City Solicitor for a three (2) year term ending December
31, 2004, between the Corporation of the City of Pickering and O.J. Muller
landscape Contractor Ltd.
BY-lAW read a first, second and third time and finally passed this 2nd day of
December, 2002.
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
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ATTACHMENT#~ TO Rft'UKI '"
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DATE,
2710 BROCK ROAD
REPORT TO COUNCIL
OPERATIONS & EMERGENCY
SERVICES DEPARTMENT
MUNICIPAL PROPERTY &
ENGINEERING DIVISION
1 :7500
NOVEMBER 13/2002
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AiTACHMENT#-2- TO RE PORT # Óes 57-û~
I to
TIDS LEASE made pursuant to the provisi~ 191(1) of the Municipal Act, R.S.O. 1990, chapter
MAS, as of the 1 st day of January 2003.
130
BETWEEN:
THE CORPORATION OF THE CITY OF PICKERING
herein called the "Landlord"
OF THE FIRST PART,
- and -
OJ. MULLER LANDSCAPE CONTRACTOR LTD.
herein called the "Tenant"
OF THE SECOND PART.
In consideration of the rents, covenants and agreements herein contained the Landlord and the Tenant agree as
follows:
1.
LEASE AND TERM
The Landlord hereby leases to the Tenant those lands consisting of a stone house and 6.074 acres located
on Brock Road North, Pickering, and comprising those parts of Lot 19, Concession 3, Pickering,
designated as Parts 2 and 3, Plan 40R-7012 (herein called the "Premises"), for a tenn (herein called the
"Term") commencing on the I st day of January 2003 and expiring on the 31st day of December 2004
unless the Term is earlier terminated.
2.
RENT
(1)
The amount of the rent payable by the Tenant to the Landlord monthly and every month during
the Term is:
January 1, 2003 -December 31,2003
January 1, 2004 -December 31,2004
$1,500/ month
$1,500/ month
Plus G.S.T.
(2)
Place and Manner ofPavrnent
Each payment of rent shall be paid by the Tenant to the Landlord in advance, on the first day of
the month, in lawful money of Canada, at the address of the Landlord set out in section 18(3) or
at such other place as the Landlord shall ftom time to time designate, and the Landlord may
require the Tenant to provide post-dated cheques for this purpose.
3.
GENERAL COVENANTS
(1)
The Landlord covenants with 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.
ATTACHMENT#--L.. TOREPORT#~-~ '5 7-{);U
--2of~
4.
USE AND OCCUPANCY OF PREMISES
The Tenant covenants with the Landlord:
1:~1
5.
6.
7.
(a)
Conduct of Business
To use and occupy the property or the Premises during the Tenn, to cultivate the land for cash
crops and to store and market nursery stock, which would include natural stone, packaged peat
moss and other related landscape materials. The outdoor storage area for these materials are to
be in a location that would not be visible ITom the road. The Tenant covenants to not use the
property or Premises for any use that is in contravention of any ordinance or law;
(b)
Hours of Operation and illumination
To carry on the business only between the hours of 5 :30 a.m. and 12:00 midnight, local time, and
not to illuminate any sign or any part of the Premises not contained within a building or structure,
except for security purposes, between 12:01 a.m. and 5:30 a.m., local time;
(c)
Business Name
To carry on business on the Premises under the name and style of OJ. Muller Landscape
Contractor and under no other name or style unless approved in writing by the Landlord;
(d)
Appearance. etc. of Premises
To maintain and operate the Premises so that they shall always be of good appearance and
suitable for the proper operation of the business required to be carried on therein and comparable
with the standards of the best such business, and in so doing, to keep the Premises orderly, tidy,
clean and clear of all refuse; and
(e)
Bv-Laws
To comply at its own expense with all municipal, federal and provincial sanitary, fire and safety
laws, regulations and requirements pertaining to the occupation and use of the Premises, the
conditions of the Leasehold hnprovements, 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)
Pavrnent bv Tenant
The Tenant covenants with the Landlord to pay promptly when due to the taxing authority or
authorities having jurisdiction, all taxes, rates, duties, levies and assessments whatsoever,
whether municipal, parliamentary or otherwise, levied, imposed or assessed in respect of the
Premises and any and every business carried on in the Premises by the Tenant, or in respect of
the use or occupancy thereof (including licence fees and including, without limitation, any.G.S.T.
and business taxes which may be applicable).
UTILITIES
The Tenant covenants with the Landlord that the Tenant will pay all gas, oil, water, hydro, sewer and
electric light charges in connection with the Premises.
LICENCES. ASSIGNMENT AND SUBLETTING
(1)
Licences
The Tenant shall not pennit any part of the Premises to be used or occupied by any persons other
than the Tenant and the employees of the Tenant, or pennit any part of the Premises to be used or
occupied by any licensee or concessionaire, or pennit any persons to be upon the Premises other
than the Tenant, its employees, customers and others having lawful business with it.
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8.
9.
ATTACHMENT#--L fOREPaRT" Cêj :3 /'u~
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(2)
Assignment and Subletting
The Tenant shall not assign this Lease or sublet all or any part of the Premises.
SIGNS
(a)
The Tenant shall be permitted to maintain an identification sign at or near the frontage of the
Premises on Brock Road. Such sign shall contain only the name or style under which the Tenant
is required to cany on business under the provisions of this Lease unless the Landlord shall
otherwise approve in writing.
(b)
Such sign, including the size, location, anangement and type of lettering, its colour, illumination
and all its other appearance and design features shall be subject to the prior written approval of
the Landlord.
(c)
The Tenant shall not paint, display, inscribe~ place or affix any sign, symbol, notice, lettering or
display of any kind anywhere outside the Premises or within the Premises so as to be visible from
the outside of the Premises with the exception of lawful signs erected on the Tenant's lands
adjacent to the Premises, except with the prior written consent of the Landlord.
(d)
Should the Landlord at any time object to any sign, symbol, notice, lettering or display either
affixed to or visible from the outside of the Premises, the Tenant shall remove the same forthwith
upon request.
ABANDONED PROPERTY
The Landlord may sell, retain for the Landlord's own use or otherwise dispose of the property of the
Tenant left in the Premises if the Tenant has vacated the Premises.
10.
DEATH OF A TENANT
If the Tenant dies and there are no other tenants of the Premises, the tenancy shall be deemed to be
terminated 30 days after the death ofthe Tenant.
11.
(1)
LEASEHOLD IMPROVEMENTS AND TRADE FIXTURES
Definition of Leasehold Improvements
(2)
For purposes of this Lease, the Term "Leasehold Improvements" includes without limitation all
fixtures, improvements, installations, alterations and additions from time to time made, erected
or installed by or on behalf of the Tenant in or on the Premises, and whether or not moveable,
with the exception of trade fixtures, furniture and equipment not of the nature of fixtures.
Installation of Improvements and Fixtures
The Tenant shall not make, erect, install or alter any Leasehold Improvements or trade fixtures,
including lighting, in or on the Premises without having first obtained the Landlord's written
approval. The Tenant's request for any approval hereunder shall be in writing and accompanied
by an adequate description of the contemplated work and, where appropriate, working drawings
and specifications thereof All work to be performed on the Premises shall be performed by
competent contractors and subcontractors of whom the Landlord shall. have approved, such
approval not to be unreasonably withheld. All such work shall be subject to inspection by and the
reasonable supervision of the Landlord, and shall be performed in accordance with any
reasonable conditions or regulations imposed by the Landlord and completed in a good and
workmanlike manner in accordance with the description of work approved by the Landlord.
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12.
(3)
ATTACHMENT#-2- TOREPORT# ,-)c..~) :" I -~ ~
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Liens and Encumbrances on Improvements and Fixtures
ill connection with the making, erection, installation or alteration of Leasehold Improvements
and trade fixtures and all other work or installations made by or for the Tenant in or on the
Premises, the Tenant shall comply with all the provisions of the Construction Lien Act, and other
statutes from time to time applicable thereto, including any provision requiring or enabling the
retention by way of hold-back of portions of any sums payable, and except as to any such hold-
back shall promptly pay all accounts relating thereto. The Tenant shall not create any mortgage,
conditional sale agreement or other encumbrance in respect of its Leasehold Improvements or,
without the consent of the Landlord, with respect to its trade fixtures nor shall the Tenant take
any action as a consequence of which any such mortgage, conditional sale agreement or other
encumbrance would attach to the Premises or any part thereof If and whenever any mechanics' or
other lien for work, labour, services or materials supplied to or for the Tenant or for the cost of
which the Tenant may be in any way liable or claims therefore shall arise or be filed or any such
mortgage, conditional sale agreement or other encumbrance shall attach, the Tenant shall within
twenty (20) days after receipt of notice thereof procure the discharge thereof, including any
certificate of action registered in respect of any lien, by payment or giving security or in such
other manner as may be required or permitted by law, and failing which the Landlord may in
addition to all other remedies hereunder avail itself of its remedy under section 12 hereof and
may make any payments required to procure the discharge of any such liens or encumbrances,
shall be entitled to be reimbursed by the Tenant as provided in section 12, and its right to
reimbursement shall not be affected or impaired if the Tenant shall then or subsequently establish
or claim that any lien or encumbrance so discharged was without merit or excessive or subject to
any abatement, set-off or defence. This subsection shall not prevent the Tenant from mortgaging
or encumbering its chattels, furniture or equipment not ofthe nature of fixtures.
133
(4)
Removal of Improvements and Fixtures
(a)
All Leasehold Improvements, trade fixtures, furniture and equipment shall be removed by
the Tenant from the Premises either during or at the expiration or sooner tennination of
the Term. Such removal shall be at the expense of the Tenant.
(b)
The Tenant shall, in the case of every removal either during or at the end of the Term,
make good at the expense of the Tenant, any damage caused to the Premises by the
installation and removal of all Leasehold Improvements, trade fixtures, furniture and
equipment.
INSURANCE AND LIABILITY
(1)
Tenant's fusurance
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
OCCUITence basis with respect to the business carned on in or from the Premises and the
Tenant's use and occupancy of the Premises, with coverage for anyone OCCUITence 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.
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13.
ATTACHMENT#- TOREPORT# ,>t=:.:) J /--,-':"'"
-2. of ...!.lL
All insurance required to be maintained by the Tenant hereunder shall be on terms and with
insurers to which the Landlord has no reasonable objection. Each policy shall contain a waiver by
the insurer of any rights of subrogation or indemnity or any other claim over to which the insurer
might otherwise be entitled against the Landlord or the agents or employees of the Landlord, and
shall also contain an undertaking by the insurer that no material change adverse to the Landlord
or the Tenant will be made, and the policy will not lapse or be cancelled, except after not less
than thirty days written notice to the Landlord of the intended change, lapse or cancellation. The
Tenant shall furnish to the Landlord, if and whenever requested by it, certificates or other
evidences acceptable to the Landlord as to the insurance from time to time effected by the Tenant
and its renewal or continuation in force, together with evidence as to the method of determination
of full replacement cost of the Tenant's Leasehold Improvements, trade fixtures, furniture and
equipment, and if the Landlord reasonably concludes that the full replacement cost has been
underestimated, the Tenant shall forthwith arrange for any consequent increase in coverage
required hereunder. If the Tenant shall fail to take out, renew and keep in force such insurance, or
if the evidences submitted to the Landlord pursuant to the preceding sentence are unacceptable to
the Landlord or no such evidences are submitted within a reasonable period after request
therefore by the Landlord, then the Landlord may give to the Tenant written notice requiring
compliance with this section and specifying the respects in which the Tenant is not then in
compliance with this section. If the Tenant does not, within 72 hours or such lesser period as the
Landlord may reasonably require having regard to the urgency of the situation, provide
appropriate evidence of compliance with this section, the Landlord may, but shall not be
obligated to, obtain some or all of the additional coverage or other insurance which the Tenant
shall have failed to obtain, without prejudice to any other rights of the Landlord under this Lease
or otherwise, and the Tenant shall pay all premiums and other expenses incurred by the Landlord
in that connection as additional rent pursuant to section 12 hereof.
(2)
Limitation of Landlord's Liability
The Landlord shall not be liable for any bodily injury or death of, or loss or damage to any
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:
(a)
all claims for bodily injury or death, property damage or other loss or damage arising
from the conduct of any work by or any act or omission of the Tenant or any agent,
employee, contractor, invitee or licensee of the Tenant, and in respect of all costs,
expenses and liabilities incurred by the Landlord in connection with or arising out of all
such claims, including the expenses of any action or proceeding pertaining thereto;
(b)
any loss, cost, expense or damage suffered or incurred by the Landlord arising from any
breach by the Tenant of any of its covenants and obligations under this Lease; and
(c)
all costs, expenses and reasonable legal fees that may be incurred or paid by the Landlord
in enforcing against the Tenant the covenants, agreements and representations of the
Tenant set out in this Lease.
RULES AND REGULATIONS
The Tenant further covenants with the following:
(a)
To return all keys for the Premises prior to the termination ofthis Lease;
(b)
To provide to the Landlord with particulars of all automobiles (which term includes passenger
vans and light trucks) to be parked on the Premises and to comply with all by-laws related
thereto;
The water closets and other water apparatus shall not be used for any purpose other then those for
which they were constructed and no sweepings, garbage, rubbish, rags, ashes or other substances
shall be thrown therein. Any damage resulting to them from misuse or from unusual or
unreasonable use shall be borne by the Tenant who or whose family, guests, visitors, servants,
clerks or agents shall cause it;
(c)
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14.
(d)
ATTACHMENT#----L TO REPOR.T#~
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All awnings or shades over and ~~indows desired by Tenants shall be erected at
their own expense: they must be of such shade, colour, material and make as may be prescribed
by the Landlord and shall be put up under the direction of the Landlord or his agents;
The Tenant must observe strict care not to allow their windows to remain open so as to admit
rain or snow. For any injury caused to the property of the Landlord by such carelessness the
Tenant neglecting this rule will be held responsible;
No additional locks shall be placed upon any door of the Premises, without the written consent of
the Landlord which shall be endorsed hereon;
No Tenant shall do, or permit anything to be done in said Premises or bring or keep anything
therein which will in any way increase the risk of fire or the rate of fire insurance on the
Premises, or on property kept therein, or conflict with any of the rules and ordinances of the
Board of Health or with any statute or municipal by-law;
Nothing shall be placed on the outside of window sills or projections;
The water shall not be left running unless in actual use in the leased Premises; spikes, hooks,
screws or nails shall not be put into the walls or woodwork of the building;
If the Tenant desires telegraphic or telephone connections, the Landlord or his agents will direct
the electricians as to where and how the wires are to be introduced and without such direction no
boring or cutting for wires will be permitted. If the Tenant desires to install, add to or alter, gas
or electric light fittings, for lighting the Premises the Tenant must arrange with the Landlord for
the necessary connections and no gas pipe or electric wires will be permitted which has not been
authorized in writing by the Landlord or his agents;
No auction sale shall be held in the Premises without consent in writing of the Landlord;
No stores of coal or any combustible or offensive goods, provisions or materials shall be kept
upon the Premises;
That no assent or consent to changes in or waiver of any part of this agreement in spirit or letter
shall be deemed or taken as made, unless the same be done in writing and attached to or endorsed
hereon by the Landlord or his agents;
Hardwood floors must be kept clean, waxed and polished at the expense of the Tenant;
No heavy furniture shall be moved over floors of flat, halls, landings or stairs, so as to mark
same;
Rugs must be so laid to cover all floors so as to suppress any noise that might disturb other
tenants;
The Tenant will be held responsible for any damage to the Premises caused by moving furniture
in or out of said Premises; and
The Premises be left clean and in good condition at expiration of Term.
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(e)
(1)
(g)
(h)
(i)
(j)
(k)
(1)
(m)
(n)
(0)
(P)
(q)
(r)
The Landlord shall have the right to make such other and further reasonable rules and regulations as in
his judgment may from time to time be needful for the safety, care and cleanliness of the Premises and
for preservation of good order therein and the same shall be kept and observed by tenants, their families,
visitors, guests, clerks, servants and agents.
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.
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15.
16.
DELAY AND NON-WANER
ATTACHMENT#~ TOREPORT#..Q.S..? 5 7-02.....
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(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:
(a)
strikes or work stoppages;
(b)
inability to obtain any material, service, utility or labour required to fulfill such
obligation;
(c)
any statute, law or regulation of, or inability to obtain any permission ITom, any
government authority having lawful jurisdiction preventing, delaying or restricting such
fulfillment; or
(d)
other avoidable occurrence,
the time for fulfillment of such obligation shall be extended during the period in which such
circumstance operates to prevent, delay or restrict the fulfillment thereof, and the other party
shall not be entitled to compensation for any inconvenience, nuisance or discomfort thereby
occasioned.
(2)
Waiver
If either the Landlord or the Tenant shall overlook, excuse, condone or suffer any default, breach
or non-observance by the other of any obligation hereunder, this shall not operate as a waiver of
such obligation in respect of any continuing or subsequent default, breach or non-observance,
and no such waiver shall be implied but shall only be effective if expressed in writing.
REMEDIES OF LANDLORD
(1)
In addition to all rights and remedies of the Landlord available to it in the event of any default
hereunder by the Tenant through improper compliance or non-compliance with any obligation
arising either under this or any other provision of this Lease or under statute or the general law
the Landlord:
(a)
shall have the right at all times to remedy or attempt to remedy any default of the Tenant,
and in so doing may make any payments due or alleged to be due by the Tenant to third
parties and may enter upon the Premises to do any work or other things therein, and in
such event all expenses of the Landlord in remedying or attempting to remedy such
default shall be payable by the Tenant to the Landlord as additional rent forthwith upon
demand.
(b)
shall have the same rights and remedies in the event of any non-payment by the Tenant of
any amounts payable by the Tenant under any provision of this Lease as in the case of a
non-payment of rent; and .
(c)
if the Tenant shall fail to pay any rent or other amount ITom 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 boITowers ITom time to time current at the City's bank
ITom the date upon which the same was due until I actual payment thereof
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(2)
ATTACHMENT#~ TOREPORT# CcS S 7-o¿
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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.
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(3)
Right ofRe-Entrv 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.
(4)
Termination and Re-Entry
If and whenever the Landlord becomes entitled to re-enter upon the Premises under any provision
of this Lease the Landlord, in addition to all other rights and remedies, shall have the right to
terminate this Lease forthwith by leaving upon the Premises notice in writing of such
termination.
(5)
Pavment of Rent. etc. on Termination
Upon the giving by the Landlord of a notice in writing terminating this Lease, whether pursuant
to this or any other provision of this Lease, this Lease and the Term shall terminate, rent and any
other payments for which the Tenant is liable under this Lease shall be computed, apportioned
and paid in full to the date of such termination, and the Tenant shall immediately deliver up
possession of the Premises to the Landlord, and the Landlord may re-enter and take possession of
them.
IMPROPER USE OF PREMISES: BANKRUPTCY
(1)
Bankruptcv. 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 ofthe Term or any of the goods and chattels of the Tenant shall at any
time be seized in execution or attachment, or if the Tenant shall make any assignment for the
benefit of creditors or any bulk sale, become bankrupt or insolvent or take the benefit of any
statute now or hereafter in force for bankrupt or insolvent debtors, then in any such case the
Landlord may at its option terminate this Lease by leaving upon the Premises notice in writing of
such termination and thereupon, in addition to the payment by the Tenant of rent and other
payments for which the Tenant is liable under this Lease, rent for the CUlTent month and the next
ensuing three (3) months shall immediately become due and paid by the Tenant.
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ATTACHMENT#~_- TOREPORT# OES 57-02-
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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 Agreement
There are no covenants, representations, warranties, agreements or conditions express or implied,
collateral or otherwise forming part of or in any way affecting or relating to this Lease save as
expressly set out in this Lease; this Lease constitutes the entire agreement between the Landlord
and the Tenant and may not be modified except as herein explicitly provided or except by
agreement in writing executed by the Landlord and the Tenant.
(3)
Notices
Any notice required or contemplates by any provision hereof shall be given in writing, and
(a)
if to the Landlord, either delivered to the City Clerk personally or mailed by prepaid
registered mail addressed to the City Clerk at Pickering Civic Complex, One The
Esplanade, Pickering, Ontario 11 V 6K7; and
(b)
if to the Tenant, either delivered to 0.1. Muller Landscape Contractor personally or
mailed by prepaid registered mail addressed to 0.1. Muller Landscape Contractor at
Brock Road North, Pickering, Ontario.
Every such notice shall be deemed to have been given when delivered or, if mailed as aforesaid,
upon the day after the day it is mailed. Either party may [¡-om time to time by notice in writing to
the other, designate another address in Canada as the address to which notices are to be mailed to
it.
(4)
Interpretation
All of the provisions of this Lease are to be construed as covenants and agreements as though
words importing such covenants and agreements were used in each separate provision hereof,
and the captions appearing for the provisions of this Lease have been inserted as a matter of
convenience and for reference only and in no way define, limit or enlarge the scope or meaning
of this Lease or of any provision hereof.
(5)
Extent of Lease Obligations
This Lease and everything herein contained shall enW"e to the benefit of and be binding upon the
respective heirs, executors, administrators and other legal representatives, as the case may be, of
each party hereto, and every reference herein to any party hereto shall include the heirs,
executors, administrators, and other legal representatives of such party.
19.
RIGHT OF FIRST REFUSAL
The Tenant herein acknowledges that, notwithstanding any other provisions of the Lease Agreement for
the Premises, there is no right of first refusal in favoW" of the Tenant with respect to the Premises herein
and the Tenant releases any claims against the Landlord in respect thereof.
20.
SEVERABILITY
Should any provision or provisions of this Lease be illegal or not enforceable, it or they shall be
considered separate and severable [¡-om the Lease and its remaining provisions shall remain in force and
be binding upon the parties hereto as though the said provision or provisions had never been included.
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ATTACHMENT#---2... TOREPORT# Cr.:::::::> ~) i-u'-.-J
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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 DELNERED
THE CORPORATION OF THE CITY OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
0.1. Muller Landscape Contractor Ltd.
0.1. Muller, President
lease/LOOO 1 Imlscllease
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