HomeMy WebLinkAboutCS 39-19Cf� ei?
DICKERING
Report to Council
Report Number: CS 39-19
Date: December 16, 2019
From: Marisa Carpino
Director, Community Services
Subject: Commercial Lease Agreement
- Don Beer Memorial Park
- Property PIN 614679; 614680-1; 614687; 614688; 614689
- File: A-1440
Recommendation:
1. That the Mayor and Clerk be authorized to execute the renewal of the Commercial Lease
Agreement with Transport Canada set out in Attachment 1 to this report, subject to minor
revisions acceptable to the Director, Community Services and the Director, Corporate
Services & City Solicitor; and,
2. That the appropriate officials of the City of Pickering be authorized to take the necessary
action as indicated in this report.
Executive Summary: Don Beer Memorial Park was relocated in 2014 to its current location
on Transport Canada lands to allow for the expansion of Highway 407. The City of Pickering
entered into a five year commercial lease agreement with Transport Canada for the period of
January 1, 2014 to December 31, 2019 for Property PIN Nos. 614679; 614680-1; 614687;
614688; and 614689 which was expropriated by the Federal Government for the purposes of an
Airport.
In recent months, City staff have been working with staff from Transport Canada to formally renew
the lease agreement for Don Beer Memorial Park. As such, staff are seeking approval from
Council to enter into an extended ten year lease agreement for Property PIN Nos. 614679;
614680-1; 614687; 614688; and 614689 for the period of January 1, 2020 to December 31, 2029.
Financial Implications: Under the existing agreement, the City is responsible for the full costs
of maintenance of the lands and the rental per annum for the Don Beer Memorial Park, paid to
Transport Canada is $10.00 plus HST.
Discussion: Don Beer Memorial Park was re-established in a separate commercial
Lease Agreement between the City of Pickering and Transport Canada for the term of January 1,
2014 to December 31, 2019 after the relocation of the park in 2014 due to the expansion of
Highway 407. Don Beer Memorial Park contains a lit gravel parking lot, one playground, one lit
fastball diamond used primarily by Pickering Baseball Association, one concrete utility bunker, and
one multi -use basketball/ball hockey court. The Director, Community Services recommends that a
CS 39-19 December 2, 2019
Subject: Commercial Lease Agreement — Don Beer Memorial Park Page 2
commercial Lease Agreement extending the term of the existing commercial Lease Agreement for
an additional ten year term (from January 1, 2020 to December 31, 2029) be entered into, and
that the Council of the City of Pickering authorize the Mayor and City Clerk to execute the
agreement in its final form.
Attachments:
1. Commercial Lease — Don Beer Memorial Park
Prepared By: Approved/Endorsed By:
Rob Gagen Marisa Cfpino
Supervisor, Parks & Property Director, Community Services
RG:mc
Recommended for the consideration
of Pickering City Council
�4u€4/ 12,e• 1O1 11X'
Tony Prevedel, P.Eng.
Chief Administrative Officer
CORP0227-07101 revised
Attachment No. 1 to Report CS 39-19
PINs 614679, 614680-1, 614687, 614688, 614689
COMMERCIAL LEASE
Don Beer Memorial Park
HER MAJESTY THE QUEEN
IN RIGHT OF CANADA
AND
THE CORPORATION OF THE
CITY OF PICKERING
Page ii
TABLE OF CONTENTS
ARTICLE I - DEFINITIONS AND INTERPRETATIONS 1
SECTION 1.01 DEFINITIONS 1
SECTION 1.02 EXTENDED MEANINGS 3
SECTION 1.03 ENTIRE AGREEMENT 4
SECTION 1.04 SCHEDULES 4
SECTION 1.05 LAW 4
SECTION 1.06 TIME OF THE ESSENCE 4
ARTICLE 2 - GRANT 4
SECTION 2.01 GRANT 4
ARTICLE 3 - USE 4
SECTION 3.01 USE 4
SECTION 3.02 NUISANCE 4
SECTION 3.03 SIGNAGE 4
SECION 3.04 ARCHEOLOGICAL FINDS 5
ARTICLE 4 - TERM 5
SECTION 4.01 TERM AND LANDLORD'S RIGHT TO TERMINATE 5
SECTION 4.02 SURRENDER OR TERMINATION 5
SECTION 4.03 REMOVAL OF PROPERTY 5
SECTION 4.04 REMOVAL OF IMPROVEMENTS 5
SECTION 4.05 OBLIGATIONS SURVIVE EXPIRY, SURRENDER OR TERMINATION 6
SECTION 4.06 OVERHOLDING 6
SECTION 4.07 ..OPTION TO EXTEND 6
ARTICLE 5 - QUIET ENJOYMENT 6
SECTION 5.01 QUIET ENJOYMENT 6
ARTICLE 6 - NET LEASE 7
SECTION 6.01 NET LEASE 7
ARTICLE 7 - RENT 7
SECTION 7.01 GENERAL PROVISIONS 7
SECTION 7.02 RENT 7
SECTION 7.03 MANNER OF PAYMENT 7
SECTION 7.04 INTEREST ON ARREARS OF RENT 7
ARTICLE 8 - TAXES 8
SECTION 8.01 PAYMENTS IN LIEU OF REAL PROPERTY TAXES 8
SECTION 8.02 OTHER TAXES 8
SECTION 8.03 HARMONIZED SALES TAX 8
ARTICLE 9 - UTILITIES 8
SECTION 9.01 LANDLORD NOT OBLIGATED 8
SECTION 9.02 TENANT TO PAY FOR UTILITIES 9
SECTION 9.03 SUSPENSION OF UTILITIES 9
ARTICLE 9A - DRINKING WATER QUALITY 9
SECTION 9A.01 COMPLIANCE WITH DRINKING WATER QUALITY LAWS 9
SECTION 9A.02 .COPIES OF REPORTS 9
SECTION 9A.03 TERMINATION FOR DEFAULT 10
ARTICLE 10 - MAINTENANCE AND REPAIRS
10
SECTION 10.01 LANDLORD NOT OBLIGATED 10
SECTION 10.02 .TENANT'S OBLIGATIONS 10
SECTION 10.03 REPAIR BY LANDLORD 10
SECTION 10.04 RESERVATIONS BY LANDLORD 10
ARTICLE 11 - ALTERATIONS
10
SECTION 11.01 ALTERATIONS 11
SECTION 11.02 CONTRACT SECURITY 12
SECTION 11.03 BUILDERS' LIENS 12
ARTICLE 12 - INSURANCE 12
SECTION 12.01 INSURANCE 12
ARTICLE 13 - DAMAGE AND DESTRUCTION 13
SECTION 13.01 ..PROPERTY INSURANCE 13
ARTICLE 14 - LIABILITY, RELEASE AND INDEMNITY 14
Page iii
SECTION 14.01 LANDLORD NOT RESPONSIBLE 14
SECTION 14.02 RELEASE AND INDEMNITY 15
SECTION 14.03 TENANT TO DEFEND ACTION 15
ARTICLE 15 — LAWS AND CONTROL 15
SECTION 15.01 COMPLIANCE WITH ALL LAWS 15
SECTION 15.02 COPIES OF REPORTS 16
SECTION 15.03 TERMINATION FOR DEFAULT 16
ARTICLE 16 - ENVIRONMENT 16
SECTION 16.01 COMPLIANCE WITH ENVIRONMENTAL LAWS 16
SECTION 16.02 LANDLORD'S RIGHT TO ENVIRONMENTAL ASSESSMENT 17
SECTION 16.03 TENANT TO PERFORM 17
SECTION 16.04 LANDLORD MAY PERFORM 17
SECTION 16.05 OWNERSHIP OF DELETERIOUS SUBSTANCES 17
SECTION 16.06 REMOVAL OF DELETERIOUS SUBSTANCES 18
ARTICLE 17 - DEFAULT 18
SECTION 17.01 TENANT'S DEFAULT 18
SECTION 17.02 LANDLORD'S RIGHTS 19
SECTION 17.03 REMEDIES NOT EXCLUSIVE 20
ARTICLE 18 - FORCE MAJEURE 20
SECTION 18.01 ..FORCE MAJEURE 20
ARTICLE 19 - ASSIGNMENT AND SUBLETTING 20
SECTION 19.01 PROHIBITION AGAINST ASSIGNMENT OR SUBLETTING 20
SECTION 19.02 ASSIGNMENT BY LANDLORD 20
ARTICLE 20 - SUCCESSORS AND ASSIGNS 21
SECTION 20.01 BINDING ON SUCCESSORS 21
ARTICLE 21 - ADDITIONAL PROVISIONS 21
SECTION 21.01 ADDITIONAL RIGHTS OF LANDLORD 21
SECTION 21.02 NOTICES 21
SECTION 21.03 ..AMENDMENTS 22
SECTION 21.04 No PARTNERSHIP OR JOINT VENTURE 22
SECTION 21.05 MEMBERS OF HOUSE OF COMMONS NOT TO BENEFIT 22
SECTION 21.06 WAIVER 22
SECTION 21.07 FURTHER ASSURANCES 22
SECTION 21.08 REGISTRATION 23
SECTION 21.09 BRIBES 23
SECTION 21.10 DISPUTE RESOLUTION 23
SECTION 21.11 PARKING AND MAINTENANCE OF PREMISES 23
Schedule "A" Description of Land
Schedule "B" Plan of Site
THIS LEASE effective on the 1st day of JANUARY, 2020.
BETWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF CANADA,
represented by the Minister of Transport
(the "Landlord")
OF THE FIRST PART
AND:
THE CORPORATION OF THE CITY OF PICKERING,
a municipal corporation incorporated pursuant to the laws of the Province of
Ontario
(the "Tenant")
OF THE SECOND PART
WHEREAS the Premises are part of lands expropriated by Her Majesty for the purpose of an
airport;
AND WHEREAS it is deemed expedient that the Premises be leased for so long as they are not
required for public purposes;
THIS AGREEMENT WITNESSES that, in consideration of the Premises, the mutual
covenants and agreements herein contained and subject to the terms and conditions hereinafter
set out, the parties hereto agree as follows:
ARTICLE I - DEFINITIONS AND INTERPRETATIONS
Section 1.01 Definitions
When used in this Lease, unless the context otherwise requires, the following expressions have
the meaning hereinafter set forth.
"Additional Improvement" means any structure, fixed equipment or fixed machinery
constructed on or affixed to the Land after the Date of Commencement and includes any
alteration or replacement of any such Additional Improvement.
"Additional Rent" means any sum of money or charge required to be paid by the Tenant under
this Lease, other than Rent.
"Architect" means a person who is appointed by, but who is at arm's length with, the Tenant
and is as an architect in the Jurisdiction.
"Business Day" means a day other than a Saturday, Sunday or statutory holiday in the
Jurisdiction.
"Claims" means any claims, proceedings, actions, judgments, executions and liabilities.
"Costs" means all expenses, losses, charges and payments relating to an event and includes any
professional, consultant and legal fees (on a "substantial indemnity" basis).
"Damage" means any loss of or damage to property and includes loss of profits or revenue; or
loss of tenants, lenders, investors or patrons, direct, indirect, incidental, special, exemplary or
consequential damage, interference with business operations, inability to use any part of the
Premises, and Costs.
"Date of Commencement" means the 1st day of January, 2020.
Page 2
"Deleterious Substance" means any substance which is deleterious or hazardous to persons;
animals, fish, plants, property, soil, water or the environment, including pesticides and
herbicides.
"Engineer" means a person who is appointed by, but who is at arm's length from the Tenant and
is licensed to practice public engineering in the Jurisdiction.
"Event of Bankruptcy" means, with respect to a Person,
(a) whenever any resolution or action is taken or consented to in respect of its liquidation,
dissolution or winding -up, whether by extra judicial means or under any statute of any applicable
jurisdiction, or an assignment is made for the benefit of its creditors or an assignment in
bankruptcy is filed under the Bankruptcy and Insolvency Act (Canada) or any successor
legislation or any comparable statute of any applicable jurisdiction, or any resolution or action is
consented to or taken in respect of a proposal for any reorganization, arrangement, or extension
of time in respect of any of its debts or obligations, whether by extra judicial means or under the
Bankruptcy and Insolvency Act (Canada) or the Companies' Creditors Arrangement Act
(Canada) or any successor legislation or any comparable statute of any applicable jurisdiction;
(b) whenever a trustee, receiver or agent for a secured creditor, or other Person with similar
powers is appointed for any substantial portion of its properties or assets, whether by a court or
by extra judicial means; or
(c) whenever a petition or other legal process in respect of its bankruptcy, insolvency,
liquidation, dissolution or winding -up is filed against it, unless the same is dismissed or
discharged within sixty (60) days.
"Force Majeure" means a strike, lockout, riot, insurrection, war, fire, tempest, Act of God or
lack of material causing a delay, notwithstanding the best efforts of the party delayed, in the
performance of any obligation under this Lease.
"HST" has the meaning ascribed in Section 8.03.01.
"Injury" means any personal injury including any personal discomfort, libel, slander, invasion
of privacy, discrimination, wrongful entry and eviction, and any bodily injury including death
resulting therefrom and whether the death occurs before or after the end of the Term.
"Interest Rate" means, during any part of a Lease Year, the Bank of Canada prime rate
applicable on the date of default plus two percent (2%).
"Jurisdiction" means the Province of Ontario.
"Land(s)" means a portion of the land legally described as Lots 9 to 16, Plan 10 (Part of Lot 19,
Concession 5), Lots 7 to 18, Plan 530, except Part 6, Plan 40R-405747, Pickering (part of PIN
26402-0011), more fully described in Schedule "A", and shown outlined in green on the location
map and aerial image in Schedule "B", both attached hereto.
"Law(s)" means law, regulation, order, decision, policy, directive or rule, and similar enactments
and statements, and shall be read, where applicable, as being "relevant as made or amended from
time to time".
"Lease Year" means a twelve-month period commencing on January 1' and ending on
December 31'
"Leasehold Improvements" means all equipment installed and alterations made by the Tenant
or any occupant which serve the Premises whether or not easily disconnected or moveable, and
includes production equipment, service equipment, all ceiling and wall fixtures and floor
covering, but does not include trade fixtures.
"Leasehold Interest" means the right, title and interest of the Tenant in the Premises.
"Minister" means the Minister of Transport, and includes any of the following:
(a) a Person acting for; or if the office vacant, in place of, the Minister of Transport,
(b) his successors in office,
Page 3
(c) and his lawful deputy.
"Moveable Property" means chattels, goods, supplies and materials.
"Net Rent" means the Rent payable by the Tenant pursuant to Section 7.02.
"Other Taxes" means any tax or other charge including any fines or cost which are imposed
against the Premises including local improvement charges and development charges and water,
snow and sewer rates of every kind whatsoever that are imposed from time to time by any taxing
authority save and except Real Property Taxes.
"Person(s)" means any individual, sole proprietorship, partnership, corporation, trust or
government authority, howsoever designated.
"Premises" means the Land, all Additional Improvements, and all Utilities serving the premises.
"Property" means all Moveable Property and all fixtures, including all Additional
Improvements, Leasehold Improvements and Utilities.
"Real Property Taxes" means all taxes and assessments (excluding local improvement charges
and development charges and water, snow and sewer taxes and rates), of every kind whatsoever
that are imposed from time to time by any taxing authority, whether federal, provincial,
municipal, school or otherwise or which would have been so imposed but for any attribute of the
Landlord which resulted in an exemption or partial exemption therefrom against:
(a) the Premises; and
(b) includes any taxes or other amounts, which are imposed instead of, or in lieu of, or in
addition to, any such taxes and assessments.
"Rent" means all Net Rent and Additional Rent collectively.
"Replacement Costs of the Improvements" means the costs to replace the Additional and
Leasehold Improvements to the condition immediately prior to the happening of an event of
damage or destruction.
"Term" has the meaning ascribed to it in Section 4.01.01.
"Utility(ies)" means utilities and services, and all related systems, facilities and equipment.
"Work" means all material and services furnished or performed pursuant to this Lease including
all the maintenance, repair, alterations and replacement of all Additional Improvements and
Leasehold Improvements.
Section 1.02 Extended Meanings
1.02.01 Where this Lease provides that the Tenant shall "ensure" a covenant or obligation of an
occupant, transferee or leasehold mortgagee ("Transferee") or provides that the Tenant agrees to
a specific matter on behalf of a Transferee, the obligation of the Tenant shall be deemed to have
been performed if the Tenant has obtained from such transferee an agreement no less stringent,
and in the event of a breach of such agreement by the Transferee, the Tenant has used diligent
efforts to enforce such agreement, including the prosecution of legal proceedings.
1.02.02 In this Lease "includes" means "includes without limitation" and each obligation or
agreement of either party is considered a "covenant", and all references in this Lease to laws,
policies, schedules, manuals, directives, specifications and similar enactments and statements
shall be read, where applicable, as being "relevant as replaced or amended from time to time",
and, with regard to the Premises and the Land, "in" shall be read as "on", "in", "over", "under',
"through" or "across".
1.02.03 Words importing the singular number include the plural number and vice versa and
words importing gender include the masculine, feminine and neuter genders.
1.02.04 If the day on which any act or payment is required to be done or made under the terms
of this Lease is a day which is not a Business Day, then such act or payment is duly done or
made if done or made on the next following Business Day.
Page 4
Section 1.03 Entire Agreement
This Lease constitutes the entire agreement between the Landlord and the Tenant and supersedes
and revokes all previous arrangements, including pre -contractual representations, if any, whether
oral or in writing, between the parties hereto.
Section 1.04 Schedules
The following Schedules are attached to and from part of the Lease:
Schedule "A" Description of Land
Schedule "B" Plan of Site
Section 1.05 Law
This Lease shall be interpreted in accordance with the laws in force in the Jurisdiction, subject,
so long as Her Majesty is the Landlord, to any Federal Crown prerogative and any paramount or
applicable federal law.
Section 1.06 Time of the Essence
Time is of the essence of this Lease except as otherwise expressly provided herein.
ARTICLE 2 - GRANT
Section 2.01 Grant
In consideration of the rents, covenants and agreements herein contained on the part of the
Tenant to be paid, observed and performed, the Landlord leases to the Tenant, and the Tenant
leases from the Landlord, the Premises in "as is" condition for the Term.
ARTICLE 3 - USE
Section 3.01 Use
The Tenant shall use the Premises as a municipal park and for no other purpose whatsoever and
shall comply with all Laws in such use. The Tenant agrees that it has examined the Premises and
is familiar with the condition and permitted use thereof.
Section 3.02 Nuisance
The Tenant shall not do, suffer or permit to be done any act or thing on the Premises which
constitutes a nuisance to any Person on any lands or premises or to the public generally.
Section 3.03 Signage
The Tenant shall not, on or after the Date of Commencement, construct, erect, place or install on
the outside of or on the Premises any new or additional poster, advertising sign or display,
electrical or otherwise, without first obtaining the consent, in writing, of the Landlord, which
consent shall not be unreasonably withheld.
Section 3.04 Archeological Finds
The Landlord shall not be responsible for, nor shall She assume any costs of restoration with
respect to any archaeological finds or any items salvaged by the Tenant pursuant to the exercise
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of any rights under this Agreement. Should the Tenant make any archaeological finds, the
Tenant shall advise the Landlord forthwith and shall cease work on the Premises until further
notice from the Landlord.
ARTICLE 4 - TERM
Section 4.01 Term and Landlord's Right to Terminate
4.01.01 The term of this Lease shall be for a Ten (10) Year period ("Term"). The Term
commences on January
1st, 2020 and terminates on December 31st, 2029.
4.01.02 The Landlord reserves the right to terminate this Lease at any time during the currency
of the Lease, for any purpose, as determined by the Landlord by giving the Tenant six (6) months
notice in writing.
Section 4.02 Surrender or Termination
4.02.01 On expiry of the Term or any period of overholding, or on surrender or sooner
determination of this Lease, the Tenant shall surrender and deliver up to the Landlord vacant
possession of the Premises in the state of good order, condition and repair in which, by this
Lease, the Tenant has covenanted to keep them during the Term, and free and clear of all
mortgages, charges or encumbrances created by the Tenant or its assignees, and of all
Deleterious Substances, and all rights of the Tenant under this Lease shall then terminate.
Section 4.03 Removal of Property
4.03.01 Except as otherwise provided in this Lease, the Tenant shall, on expiry of the Term or
any period of overholding, or on surrender or sooner determination of this Lease, forthwith
remove from the Premises all Property and, shall also, to the satisfaction of the Landlord, repair
all damage to the Premises by reason of the installation or removal thereof, without
compensation. Unless the Landlord so requests, no Property shall be so removed until all Rent
due or to become due under this Lease is fully paid. The Tenant hereby agrees that if it fails to
effect such removal forthwith, that the said Property shall be deemed abandoned and worthless,
and that the Landlord may, in Her absolute and unfettered discretion immediately dispose of the
Property in any manner She sees fit, all without service of notice by the Landlord or resort by
Her to any legal process, and without Her being considered guilty of trespass or becoming liable
for any loss or Damage. The Tenant further agrees to indemnify the Landlord for all expenses
incurred by Her, in effecting such removal, and in returning the Premises to a state of good order,
condition and repair.
Section 4.04 Removal of Improvements
4.04.01 At any time prior to expiry of the Term or expiry of any period of overholding or
sooner determination of this Lease, or within six (6) months after such expiry or sooner
determination, the Landlord may notify the Tenant in writing that the whole or any part of any
Additional Improvement or any Leasehold Improvement", (the "Improvements") must be
removed, in which event, removal will occur:
(a) within (10) ten days of such notification where the Improvements are deemed by the
Landlord, acting reasonably, to pose a safety or environmental concern, or
(b) prior to expiry of this Lease if the Landlord's notice is received prior to such the expiry, or
(c) within one hundred eighty (180) days of such notification, if the Landlord's notice is
received on or after such expiry, or
(d) within one hundred eighty days (180) days of such notification or in the event of any
overholding, the Tenant shall, at its own cost, in the case of any Improvements, remove any such
improvement and repair any damage made in constructing, erecting or removing it and leave the
area upon which had stood in a similar condition to which existed prior to its erection,
installation or construction and in a clean, neat and tidy condition to the satisfaction of the
Landlord.
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Section 4.05 Obligations Survive Expiry, Surrender or Termination
4.05.01 Notwithstanding the expiry, surrender or termination of this Lease in any manner,
(a) the Tenant remains liable to the Landlord for any loss or damage suffered by the Landlord
arising from this Lease, and
(b) the obligations of the Tenant
(i) to indemnify and save harmless the Landlord with respect to liability by reason
of any matter arising prior to the expiry, surrender or termination of this Lease, and
(ii)to respect the rights of the Landlord contemplated in Articles 16 and 17 and
Sections 4.03 and 4.04, shall, notwithstanding any other provision of this Lease or
any Law now or hereafter in force, continue in full force and effect until discharged
whether before or after the expiry, surrender or termination of this Lease.
Section 4.06 Overholding
4.06.01 if the Tenant remains in possession of the Premises after the expiry of the Term or any
extension thereof, whether with or without the consent of the Landlord, there shall be no tacit
renewal or extension of this Lease. In this event, notwithstanding any statutory provision or legal
presumption to the contrary, the Tenant shall be deemed exclusively to be occupying the
Premises as a tenant at will, on the same terms as set forth in this Lease (including the payment
of Rent), except that the monthly Net Rent shall be an amount equal to the aggregate of
(a) one hundred and fifty percent (150%) of the Rent payable for the last month of the Term, and
(b) Additional Rent for the current month, where applicable.
4.06.02 The Tenant shall promptly indemnify and save harmless the Landlord from and against
any and all Costs incurred by Her as a result of the Tenant remaining in possession of the
Premises after the expiry of the Term and the Tenant shall not make any counterclaim, against
the Landlord.
Section 4.07 Option to Extend
4.07.01 The Parties agree that the Tenant has no right to extend the Term of this Lease. Should
the Tenant wish to extend the Term of the Lease, the Tenant must give the Landlord one (1)
year's notice of its desire to remain on the Premises. The Landlord, acting in Her sole and
unfettered discretion, shall decide whether the Lease will be extended and advise the Tenant of
Her decision no later than six (6) months prior to the expiration of the Term.
ARTICLE 5 - QUIET ENJOYMENT
Section 5.01 Quiet Enjoyment
5.01.01 Subject to the other provisions of this Lease, if the Tenant pays the Rent and other
sums herein provided when due, and punctually observes and performs all of the covenants,
terms and conditions hereunder, the Tenant shall peaceably and quietly hold and enjoy the
Premises for the Term without hindrance or interruption by the Landlord or any other Person
lawfully claiming under the Landlord.
ARTICLE 6 - NET LEASE
Section 6.01 Net Lease
6.01.01 The Tenant agrees that the Premises are leased in an "as is" condition and this Lease
Page 7
shall be an absolutely net lease to the Landlord except as expressly herein set out. The Tenant
shall pay all charges and expenses of every kind, extraordinary as well as ordinary and foreseen
as well as unforeseen, relating to:
(a) its use and its occupancy of the Premises and its contents;
(b) the business carried on therein, and
(c) the carrying out of any construction or maintenance and the making of any alterations or
repairs in the Premises by or for the Tenant during the Term or any extension thereof.
6.01.03 The Tenant acknowledges that any amount and any obligation with respect to the
Premises which is not expressly declared in this Lease to be the responsibility of the Landlord
shall be the responsibility of the Tenant to be paid or performed in accordance with the terms of
this Lease.
ARTICLE 7 - RENT
Section 7.01 General Provisions
7.01.01 The Tenant covenants that it shall, during the Term or any extension thereof, pay to the
Landlord Rent in accordance with the terms of this Lease.
Section 7.02 Rent
7.02.01 Tenant shall pay Net Rent in the amount of $10.00 plus HST for each Lease Year
commencing January 1St, 2020, and ending December 31St, 2029 such Net Rent payable in
advance on the first (1St) day of each Lease Year.
Section 7.03 Manner of Payment
7.03.01 The Tenant shall pay all Rent and Additional Rent when due, without any prior demand
therefore and without any set-off or alteration whatsoever, and the Tenant hereby waives the
benefit of any statutory or other right in respect of any Claims, such payment to be made to the
Receiver General for Canada at:
Transport Canada — Corporate Services
4900 Yonge Street, 3rd Floor Cashier
Toronto, ON M2N 6A5
7.03.02 Any payment by the Tenant of any Rent, Net Rent, Additional Rent or an amount less
than the monthly payment of Net Rent or Additional Rent, shall be credited to the earliest of any
arrears of Rent.
Section 7.04 Interest on Arrears of Rent
7.04.01 If the Tenant fails to pay any amount of Rent on the date on which it becomes due and
payable, the Tenant shall pay interest at the Interest Rate on any such amount, calculated from
the date the Tenant was required to pay such amount to the date all arrears are paid. Such interest
shall be deemed to be part of the Rent reserved in this Lease and the remedies available to the
Landlord relating to Rent herein and at law shall apply mutatis mutandis thereto.
7.04.02 The Interest Rate applicable to any amount on which the Tenant is paying interest shall
be the rate in effect at the close of business on the last Business Day of the previous month.
7.04.03 All interest shall be compounded monthly and shall apply retroactively from the date it
is due.
7.04.04 In the event of non -sufficient funds or the Bank refusing to process the Landlord's
request for payment for any other reason, the Tenant shall immediately issue a certified cheque
Page 8
which shall include any interest at the Interest Rate and an administrative charge to be set in
accordance with the Landlord's current policy.
ARTICLE 8 - TAXES
Section 8.01 Payments in Lieu of Real Property Taxes
8.01.01 The Landlord shall not be required to make any Payments in Lieu of Real Property
Taxes or any charges imposed in lieu thereof including any fine, interest and cost related thereto
during the Term of this Lease or any extension thereof.
Section 8.02 Other Taxes
8.02.01 The Tenant shall, on or before their due date, pay to the taxing authorities and shall
discharge when they become due and payable:
(a) any Other Tax or charge imposed in lieu thereof and other charges including any fines and
costs which are imposed against or in respect of any Leasehold Improvement, trade fixtures or
personal property in the Premises, and
(b) any tax and license fee including any cost related thereto which is imposed against any
business or undertaking carried on in the Premises or in respect of any use or occupancy thereof:
whether any such tax, other charge or license fee is imposed by any federal, provincial,
municipal, school or other authority.
Section 8.03 Harmonized Sales Tax
8.03.01 The Tenant shall pay an amount equal to any and all taxes, rates, levies, fees, charges
and assessments whatsoever, whether or not in existence at the Date of Commencement,
assessed, charged, imposed, levied or rated by any taxing authority whether federal, provincial,
municipal or otherwise, on or against the Landlord or the Tenant, with respect to the Rent
payable by the Tenant to the Landlord under this Lease or the rental of space under this Lease or
the, provision or supply of any goods, services or utilities whatsoever by the Landlord to the
Tenant under this Lease, whether any such tax, rate, duty, levy, fee, charge or assessments called
or characterized as a sales, use, consumption, value-added, business transferor goods and
services tax or otherwise (collectively, "HST"). If the applicable legislation requires that any
HST is to be collected by the Landlord, the amount of the HST so payable by the Tenant shall be
calculated by the Landlord in accordance with the applicable legislation and shall be paid by the
Tenant to the Landlord at the same time as the Minimum Rent is payable or at such other time or
times as the applicable legislation may from time to time require. Despite any other provision of
this Lease, the amount or amounts from time to time payable by the Tenant under this Section
8.03 shall be deemed not to be consideration for the supply of space under this Lease, but shall
be considered to be Rent for the purposes of the Landlord's rights and remedies for non-payment
and recovery of any such amounts.
ARTICLE 9 - UTILITIES
Section 9.01 Landlord Not Obligated
9.01.01 The Landlord shall not be obligated to furnish to the Premises any Utilities or to pay
for their consumption.
Section 9.02 Tenant to Pay for Utilities
9.02.01 The Tenant shall, at its cost, be solely responsible for the installation and maintenance
of and for alteration to any connecting system to all utilities including, when supplied, the
Landlord's water, sanitary sewage and storm sewage, to the point of connection designated by
the Landlord.
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9.02.02 The Tenant shall pay when due, all charges for all utilities consumed on or supplied to
the Premises and shall indemnify the Landlord against any liability or damages pertaining
thereto.
Section 9.03 Suspension of Utilities
9.03.01 The Tenant shall not make any Claims or bring any action against the Landlord, and the
Tenant hereby releases the Landlord from any Claims for any Injury or any Damage by reason of
any interruption, in whole or in part, from whatever cause arising in the supply of any Utilities
serving the Premises, whether supplied by the Landlord or by others.
ARTICLE 9A — DRINKING WATER QUALITY
Section 9A.01 Compliance with Drinking Water Quality Laws
9A.01.01 The Tenant shall, at its own cost, comply with all applicable federal, provincial, and
municipal Laws, Regulations, Guidelines, Standards and codes relating to drinking water quality
matters, herein referred to as "Drinking Water Legislation", specifically including but not limited
to the Ontario Safe Drinking Water Act and Health Protection and Promotion Act, as amended,
and shall assume all responsibilities of "occupier" or "operator" as defined in the aforementioned
Acts with respect to all water distribution systems located on the Premises.
9A.01.02 The Tenant shall immediately give electronic written notice to the Landlord of the
occurrence of any event on the Premises in violation of any of the aforementioned Drinking
Water Legislation and in such event at its own expense promptly correct any deficiency which is
not in conformity and compliance with any of the Drinking Water Legislation, and/or cease any
activity which is not in conformity and compliance with any of the Drinking Water Legislation,
and if requested by the Landlord, obtain a certificate from an independent consultant/contractor
approved by the Landlord, at the Tenant's expense, verifying the complete and proper
compliance with the requirements of any of the Drinking Water Legislation or, if such is not the
case, reporting as to the extent and nature of any failure to comply with the foregoing provision,
and remedial actions proposed by the consultant/contractor.
9A.01.03 The Tenant shall provide and maintain a potable water supply to the Premises at its sole
cost.
9A.01.04 The Landlord may, at any time, enter the Premises to determine the Tenant's
compliance with all Drinking Water Legislation and for such purpose the Landlord may carry out
any drinking water quality tests on the Premises. If any such inspection or testing by the
Landlord reveals non-compliance, the Tenant shall in addition to its other obligations, forthwith
on demand, pay to the Landlord the full cost of such inspection or tests as Additional Rent.
Section 9A.02 Copies of Reports
9A.02.01 The Tenant shall provide the Landlord with copies of:
(a) every test result obtained in respect of the sampling required in compliance with all
Drinking Water Legislation;
(b) annual reports required to be sent to the Ministry of the Environment Conservation and
Parks, the Ministry of Health and Long -Term Care, and/or any Regional Water/Health Inspection
Offices and;
(c) all correspondence between the Tenant and the Ministry of the Environment Conservation
and Parks, the Ministry of Health and Long -Term Care and/or any Regional Water/Health
Inspection Offices with respect to compliance with applicable Drinking Water Legislation.
Section 9A.03 Termination for Default
9A.03.01 Notwithstanding any other provision of this Lease, the Landlord may terminate this
Lease if the Tenant fails to rectify or commence diligently to rectify (and thereafter proceed
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diligently to rectify) any breach of Section 9A.01 within forty-eight (48) hours after written
notice by the Landlord to the Tenant or such other time as is reasonable with respect to the nature
of the breach.
ARTICLE 10 - MAINTENANCE AND REPAIRS
Section 10.01 Landlord Not Obligated
10.01.01 The Premises are leased in "as is" condition, and the Landlord shall not be obligated to
make any repairs or perform any maintenance to the Premises unless expressly set out in this
Lease.
Section 10.02 Tenant's Obligations
10.02.01 The Tenant shall, at its cost, at all times during the Term or any extension thereof,
continuously and diligently keep the Premises in a clean and safe condition and operate, maintain
and repair the Premises, Leasehold Improvements and all the contents thereof and all Utilities
located in or primarily serving the Premises as would a careful and prudent owner, in first-class
order, condition and repair, and in accordance with all Laws and the Landlord's requirements.
Section 10.03 Repair By Landlord
10.03.01 If the Premises require repair, replacement or alteration or become damaged or
destroyed through the fault or negligence of the Tenant, or because of the Tenant's operations,
and if the Tenant does not affect the required repair, replacement or alteration within a
reasonable time as determined by the Landlord, the Landlord may have such repair, replacement
or alteration effected, and the Tenant shall pay as Additional Rent, the full cost plus an amount
equal to twenty percent (20%) of such cost.
Section 10.04 Reservations by Landlord
10.04.01 The Landlord may, at all reasonable times,
(a) enter the Premises for the purpose of making alterations to any part of the Premises, and
(b) bring onto the Premises and use such machinery, equipment, materials and workmen as may
be reasonably required for making alterations, and such entry shall not constitute an eviction of
the Tenant from the Premises or a re-entry or an interference with the Tenant's possession. The
Rent hereunder shall in no way abate while such alterations are being made.
10.04.02 The Landlord may, when necessary in order to make any alterations, cause temporary
obstruction of any pedestrian or vehicular access to the Premises and may interrupt or suspend
the supply of any Utility to the Premises until such alterations are completed, all without any
abatement in Rent.
10.04.03 The Landlord reserves the right to grant any easements or licenses that may be
required, as determined in Her sole discretion, acting reasonably. The Tenant agrees to postpone
its interests to any such license or easement granted by the Landlord.
10.04.04 Notwithstanding the foregoing, the Landlord's alterations shall not materially reduce
the useable area of the Premises after completion. The parties agree that during the period of
alterations the useable area of the Premises may be reduced as a result of the ongoing work.
ARTICLE 11- ALTERATIONS
Section 11.01 Alterations
11.01.01 The Tenant shall not, nor shall it permit any Person to
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(a) make any Alterations, Additional Improvements, or Leasehold Improvements, or
(b) add any Utilities to the Premises, without first submitting to the Landlord the plans,
drawings and specifications (in this article "plans") therefore and any other information
requested by the Landlord, and obtaining the Landlord's prior written approval in each instance,
and further obtaining Her prior written approval to any change in such plans. The Tenant shall,
before proceeding with any work based on the plans, pay to the Landlord the cost of approving
the plans and any changes thereto.
11.01.02 At the same time as the Tenant submits any plans to the Landlord for Her approval, the
Tenant shall provide Her with satisfactory evidence that it has obtained an assignment to and
irrevocable licence in favour of the Landlord of the copyright of the plans from the Architect (or
Engineer) creating the plans unless the Landlord waives this requirement in writing. The
agreement providing such assignment and licence shall expressly state that the Architect (or
Engineer) shall not hold the Landlord responsible for any costs incurred or to be incurred in
connection with the preparation of the plans or their subsequent use by the Landlord, and that the
Landlord is entitled to use the plans for any purpose(s) related to the project which is the subject
matter of such plans at any time without further consent or payment.
11.01.03 The Tenant, once it commences any Work, shall complete such Work:
(a) in a good and workmanlike manner;
(b) strictly in accordance with any terms specified in the Landlord's prior written approval;
(c) in accordance with the plans as approved; and
(d) free and clear of any worker's compensation levies, liens and encumbrances whatsoever,
against the Landlord's estate or interest in the Premises and the Leasehold Interest.
11.01.04 It is agreed that the Landlord, acting reasonably, may halt or suspend the Work without
notice.
11.01.05 Within thirty (30) days of the Landlord determining that any Work which is the subject
matter of the Landlord's prior written approval is substantially complete, the Tenant shall deliver
to the Landlord two copies of the "as built" plans for such Work. At the request of the Landlord,
the Tenant shall also deliver copies of any computer files embodying such plans in a format
acceptable to the Landlord. If the Tenant does not deliver the plans within the said thirty (30) day
period, the Landlord may have such plans prepared, and the Tenant shall pay as Additional Rent
the full cost of having such plans prepared plus an amount equal to twenty percent (20 %) of
such costs.
11.01.06 It is agreed that the Landlord's review and approval or non -approval of any such plans
is not for any professional, technical or regulatory purpose but is only to protect Her interest. The
Landlord, in approving or not approving any plans or in making any inspections of the Work as
it progresses is not making any representations nor is She undertaking any responsibility of a
planning, engineering or architectural nature. The Tenant assumes all such
responsibility. Receipt by the Landlord of any plans or inspection of the Work as it progresses
shall not imply that the Landlord has examined or approved such plans or the Work nor shall it
operate as a waiver of any rights of the Landlord or operate as an estoppel against Her in any
matter. The Tenant covenants to indemnify and save harmless the Landlord from all Claims
made against the Landlord as a result of Her having reviewed and approved any plans.
Section 11.02 Contract Security
11.02.01 For all alterations, additional improvements and leasehold improvements exceeding an
estimated contract value of $50,000.00, the Tenant shall ensure that all its contractors as well as
its sub -tenants and any sub -contractors shall purchase, provide and maintain for any
construction:
(a) fifty percent (50%) Performance Bonds;
(b) Labour and Material Payment Bonds being one hundred percent (100%) if the construction
period provided for in the construction contract is three (3) months or less, and being fifty per
cent (50%) if such construction period is more than three (3) months.
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11.02.02 The Tenant on demand shall provide proof of the existence of such Bonds to the
Landlord. The Landlord shall be named as an obligee pursuant to such Bond or such Bonds shall,
with the consent of the Bonding Company, be validly assigned to the Landlord.
Section 11.03 Builders' Liens
11.03.01 The Construction or Builders' Liens legislation in the Jurisdiction shall have no
jurisdiction over the Landlord or Her interest in the Premises and Leasehold Improvements as
long as Her Majesty is the Landlord.
11 03.02 The Tenant covenants that it shall not permit any construction or builder's liens to be
registered against the title to the Premises or the Leasehold Interest therein and that it will cause
any such liens to be discharged within fifteen (15) days of receiving notice of such liens. The
foregoing shall not prevent the Tenant or anyone holding any such interest from contesting any
third -party claim.
11.03.03 If the Tenant desires to contest the amount or validity of any lien, it may pay the
amount of the lien into Court and have the lien discharged.
11.03.04 If, in the opinion of the Landlord, the Premises or the Tenant's interest therein may
become liable to any forfeiture or sale or is otherwise in jeopardy, the Landlord may secure the
removal of any lien registered, and any costs incurred by the Landlord for this purpose shall be
paid as Additional Rent by the Tenant with interest at the Interest Rate calculated from the day
the Landlord incurs the cost.
11.03.05 The Tenant covenants to indemnify and save harmless the Landlord for and from any
Claims or costs incurred by the Landlord as a result of construction or builder's liens affecting
the Premises, by or on behalf of any worker, supplier, contractor or subcontractor of the Tenant
or anyone holding any interest in the Land under the Tenant.
ARTICLE 12 — INSURANCE
Section 12.01 Insurance
12.01.01 The Tenant shall, during the entire term of the Lease, purchase and keep in full force
and effect and in the names of the Tenant and the Landlord the following insurance coverage:
(a) commercial general liability insurance containing provisions adequate to protect both the
Tenant and the Landlord from and against any and all claims or actions at the instance of third
parties for personal injury (including death) and or for property damage occurring upon the
Lands and the Premises and or elsewhere occasioned directly or indirectly by any fault, default,
negligence, act or omission of the Tenant or the Landlord and of any other parties for whom in
law the Tenant and/or Landlord may be responsible, such insurance having personal and bodily
injury and property damage limits of liability of not less than $5,000,000 per occurrence,
(b) all risks (including flood and earthquake) property insurance containing provisions adequate
to protect the Tenant's business enterprise, on all objects owned or operated by the Tenant or by
others (other than the Landlord) on behalf of the Tenant on the Lands or relating to or servicing
the Lands, with reasonable deductibles of up to three percent (3%) of the replacement cost of
property insured, and
(c) any other form of insurance and with whatever higher limits the Landlord reasonably
requires from time to time.
12.01.02 The policy of insurance required by this subsection shall provide that it shall not be
modified or cancelled without at least 30 days prior written notice to the Landlord and to the
Tenant. The Tenant shall deliver a copy of the policy to the Landlord upon execution of the
Lease and shall further deliver an updated certificate of insurance on commencement of each
Lease Year of the Term and any extension thereof.
12.01.03 The Tenant agrees that, if the Tenant fails to take out or keep any such Insurance
referred to in this Article 12, or should such Insurance not be approved by the Landlord and
Page 13
should the Tenant not commence diligently to rectify (and thereafter proceed diligently to
rectify) the situation within forty-eight (48) hours after written notice by the Landlord to the
Tenant, the Landlord has the right, without assuming any obligation in connection therewith and
without prejudice to any other rights and remedies of the Landlord under this Lease, to effect any
such Insurance at the sole cost of the Tenant and all outlays by Landlord plus an administration
fee of twenty percent (20%) thereof shall be immediately paid by the Tenant to the Landlord on
the first day of the next month following such payment by the Landlord.
ARTICLE 13 - DAMAGE AND DESTRUCTION
Section 13.01 Property Insurance
13.01.01 If the Premises are damaged or destroyed, in whole or in part, by fire or other peril,
then the following provisions shall apply:
(a) the Tenant shall give the Landlord prompt notice thereof;
(b) if the damage or destruction renders the Premises unfit for occupancy and impossible to
repair or rebuild using reasonable diligence within 120 clear days from the happening of such
damage or destruction, then the Term shall cease from the date the damage or destruction
occurred, and the Tenant shall immediately surrender the remainder of the Term and give
possession of the Premises to the Landlord, and the Rent from the time of the surrender shall
abate;
(c) if the Premises can with reasonable diligence be repaired and rendered fit its intended use
within 120 days from the happening of the damage or destruction, but the damage renders the
Premises wholly unfit for occupancy, then the Rent shall not accrue after the day that such
damage occurred and while the process of repair is ongoing, and the Landlord shall repair the
Premises with all reasonable speed, and the Tenant's obligation to pay Rent shall resume
immediately after the necessary repairs have been completed;
(d) if the Premises can be repaired within 120 days as aforesaid, but the damage is such that the
Premises are capable of being partially used, then until such damage has been repaired, the
Tenant shall continue in possession and the Rental shall continue in possession and the Rent shall
abate proportionately.
(e) at any time, and for any reason, the Landlord reserves the right to excise its sole discretion
in determining whether to repair or rebuild the Premises. If the Landlord decides not to repair or
rebuild the Premises, the Term shall cease and the Tenant shall not be required to pay Rent for
the date the destruction or damage occurred. The Tenant shall remove all Property from the
Premises.
13.01.02 Any question as to causation and/or to the degree of damage or destruction or the
period of time required to repair or rebuild shall be determined by a consultant retained by the
Landlord.
13.01.03 Apart from the provision of this Article 13, there shall be no abatement from or
reduction of the Rent on account of damage or destruction, nor shall the Tenant be entitled to
claim against the Landlord for any damages, general or special, caused by fire, water, sprinkler
systems, partial or temporary failure or stoppage of services or utilities or from any cause
whatsoever.
13.01.04 Any repair or rebuilding by the Landlord hereunder to the Premises shall be made
solely in the discretion of the Landlord acting reasonably, provided that if the useable area of the
Premises is materially reduced following the completion of the repair or rebuilding, the Rent
shall abate proportionately. The parties agree that during the period of alterations the useable
area of the Premises may be reduced as a result of the ongoing work and the Tenant shall not be
entitled to an abatement of Rent.
13.01.05 If the Premises are damaged or destroyed by fire or other peril as the result of
negligence on the part of the Tenant, their employees, invitees, contractors or anyone to whom
the Tenant is responsible at law, then the following provisions shall apply:
(a) the Tenant shall give the Landlord prompt notice thereof;
Page 14
(b) the Tenant shall proceed promptly at its own cost to repair or reconstruct the Premises to a
state of good order and repair in which the Tenant was required to maintain them immediately
prior to the damage or destruction;
(c) this Lease shall continue in full force and effect, without any abatement or reduction of
Rent, notwithstanding any present or future law or statute to the contrary;
(d) the Premises shall, as a minimum, be repaired or reconstructed to the same height, volume,
floor area, general form, mass, condition and quality as existed prior to the date of damage or
destruction;
(e) the Tenant shall comply with all provisions of this Lease applicable to alterations, and
(f) any repairs or rebuilding shall be done using materials and workmanship at least equivalent
in value and quality to those existing at the Premises prior to such damage or destruction.
ARTICLE 14 - LIABILITY, RELEASE AND INDEMNITY
Section 14.01 Landlord Not Responsible
14.01.01 The Tenant acknowledges that the Landlord, as long as the Landlord is Her Majesty in
right of Canada, is self-insured and there is no policy of insurance to cover the Landlord's
liability as owner.
14.01.02 The Tenant acknowledges and agrees that the Landlord shall not be liable or
responsible for any Injury to any Person (including death) or for Damage of any nature
whatsoever to the Tenant or any other Person in respect of any occurrence on or after the Date of
Commencement, arising from any act or omission of the Tenant or its staff, licenses, invites, or
permitted guests, in, upon, at or relating to the Premises or any part thereof or from the
ownership, occupancy or use of the Premises or any part thereof by the Tenant including,
without limitation:
(a) any damage to any property (including loss of use thereof) of the Tenant or of any other
Person,
(i) from any cause whatsoever if such property is located in or on the Premises or
any part thereof; and
(ii) if such Damage is caused by or results from any use of or any operation,
occurrence or omission on the Premises, if such property is not located on the
Premises;
(b) any Damage to the Premises or the contents thereof;
(c) any Damage caused or contributed to by reason of the condition of or any interruption,
cessation, unavailability or failure in any utility, service, system or road;
(d) any Injury or Damage insured against or required to be insured against by the Tenant
except, subject to Subsection 14.01.02 (e) and (f), any Injury (including death) or Damage
arising out of or in connection with any fault, default, negligence, act or omission of the
Landlord. or Her agent, servant, employee, contractor or any other Person for whom the
Landlord is in law responsible;
(e) any Injury (including death) or Damage caused by, resulting from, arising out of or in
connection with any fault, default, negligence, act or omission of the Landlord, or Her agent,
servant, employee, contractor or any other Person for whom the Landlord is in law responsible,
not insured against but required to be insured against by the Tenant; and
(f) any Injury (including death) or Damage caused by, resulting from, arising out of or in
connection with the ownership, occupancy or use of the Premises or any part thereof including
any Claims against the Landlord or the Tenant resulting from occupiers liability.
Page 15
Notwithstanding any of the foregoing, nothing in this lease shall absolve the Landlord from
liability for any injury or damage resulting from the fault, default, negligence or omission of the
Landlord or any Person for whom the Landlord is in law responsible.
14.01.03 The Tenant further acknowledges that the liability of the Landlord, if any, will be
subject to the provisions of the Crown Liability and Proceedings Act, R.S.C. 1985, as amended
from time to time.
Section 14.02 Release and Indemnity
14.02.01 The Tenant hereby expressly releases the Landlord from any and all Claims whatsoever
which the Tenant would be entitled to advance but for this release, and covenants and agrees to
indemnify and save harmless the Landlord from and against any and all claims, demands, losses,
liabilities, obligations and expenses (including legal costs) the Landlord may suffer or incur by
reason of any claim asserted by any Person resulting or arising out of or relating to:
(a) the Premises and Utilities and any act, omission, misconduct, default or negligence of the
Tenant, its agents, contractors, employees and servants;
(b) any breach, violation or non-performance of any covenant, condition, agreement or
obligation in this Lease on the part of the Tenant;
(c) the occupancy or use of the Premises and Utilities by the Tenant, its agents, contractors,
employees, servants, licensees or anyone permitted to be on the Premises and for whom in law
the Tenant may be responsible;
(d) directly or indirectly from the state or condition or any activity or event occurring in, upon
or about the Premises;
(e) any inability to develop any part of the Premises for any reason whatsoever;
(f) any substance:
(i) which is present on the Premises at any time during the Term or any extensions
thereof or after the expiry or termination of this Lease, or
(ii)which was released, spilled, leaked or flowed from the Lands any time during
the Term or after the expiry or termination of this Lease provided it was present on
the Lands prior to the expiry or termination of this Lease and which causes or
contributes to an adverse environmental condition.
Section 14.03 Tenant to Defend Action
14.03.01 The Tenant shall, whenever the Landlord is made a party to any legal proceeding in
respect of a Claim to which the Tenant's obligation to indemnify the Landlord under this Lease
extends, if so requested by the Landlord, defend such legal proceeding in the name of the
Landlord and pay all Costs; provided that the Tenant may not compromise, or satisfy any such
legal proceeding without the Landlord's consent which consent may be unreasonably withheld.
ARTICLE 15 — LAWS AND CONTROL
Section 15.01 Compliance with all Laws
15.01.01 In complying with the requirements of this Lease, the Tenant covenants with the
Landlord to comply with all applicable Laws of governmental authorities and to conduct its
business in accordance with and comply with any direction or certificate or occupancy permit
issued pursuant to any applicable Law by any public officer.
15.01.02 The Landlord shall not be responsible to the Tenant for non -observance or violation of
any Law by any other Person.
15.01.03 The Tenant shall, upon receipt, deliver to the Landlord a copy of any notice of non-
compliance with or violation of any applicable Law, and shall promptly commence to remedy
Page 16
such non-compliance or violation and with due diligence complete such action within a
reasonable period of time.
15.01.04 The Tenant hereby authorizes the Landlord to make inquiries of any governmental
agency with respect to the Tenant's compliance with any Law pertaining to the Tenant and to the
Premises or any business conducted thereon; and the Tenant covenants that it will, on demand,
provide to the Landlord such written authorization as She may reasonably require.
15.01.05 The Tenant acknowledges that the Landlord is subject to the federal Access to
Information Act and the Federal Privacy Act.
15.01.06 The Landlord acknowledges that the Tenant is subject to the Municipal Freedom of
Information and Protection of Privacy Act.
Section 15.02 Copies of Reports
15.02 The Tenant shall provide the Landlord with copies of:
(a) every test result obtained in respect of a test required in compliance with all Laws;
(b) copies of annual reports required to be sent to public authorities in compliance with
applicable Laws.
Section 15.03 Termination for Default
15.03 Notwithstanding any other provision of this Lease, the Landlord may terminate this
Lease if the Tenant fails to rectify or commence diligently to rectify (and thereafter proceed
diligently to rectify) any breach of Article 15 within two (2) business days after written notice by
the Landlord to the Tenant.
ARTICLE 16 — ENVIRONMENT
Section 16.01 Compliance with Environmental Laws
16.01.01 The Tenant shall not cause or permit any Deleterious Substance to be brought onto or
used on the Premises, any business or undertaking on the Premises, or the use of or activity on
the Premises which may cause or contribute to an adverse environmental effect with respect to
the Premises, the surrounding area or the environment.
16.01.02 The Tenant shall, at its own cost, comply with, and shall ensure that all Transferees
comply with, all Laws and codes relating to environmental matters requiring the Tenant to take
any action in respect of the release or leaking of any Deleterious Substance into the Premises or
the groundwater or surface water, or from the Premises onto any adjacent property, land, air or
water, or which results in any Deleterious Substance being released into the environment, or
requiring a clean-up of any Deleterious Substance or the remedying of any damage caused by
such Deleterious Substance, and shall immediately give written notice to the Landlord of the
occurrence of any event in the Premises constituting an offence thereunder or a breach of this
provision and, if any such event shall happen, the Tenant shall, at its own cost:
(a) immediately notify the Landlord and thereafter give the Landlord from time to time written
notice of the extent and nature of the Tenant's or the Transferee's compliance with the following
provisions of this section,
(b) promptly correct any Work which is not in conformity and compliance with all Laws or
codes, or cease any activity which is not in conformity and compliance with all Laws or codes,
and if requested by the Landlord, obtain a certificate from an independent consultant approved
by the Landlord, verifying the complete and proper compliance with the requirements of all
Laws or codes or, if such is not the case, reporting as to the extent and nature of any failure to
comply with the foregoing provision;
(c) promptly cease any activity which causes or permits any Deleterious Substance to be
released or leaked into the Premises, the groundwater or surface water, or from the Premises onto
Page 17
any adjacent property, land, air or water, or which results in any Deleterious Substance being
released into the environment; and verifying that this activity has ceased;
(d) remedy any damage to the Premises (including surface water and groundwater), adjacent
property, or adjacent land, air or water caused by any action or failure to act occurring in the
Premises or caused by the performance or lack of performance of any of the Tenant's obligations
under this Article 16.
16.01.03 If any governmental authority having jurisdiction requires the cleanup of any
Deleterious Substance held, released, leaked, abandoned, flowing into or placed in the Premises
(including surface water and groundwater) or released, leaked or flowing from the Premises onto
adjacent property, or adjacent land, air or water or released into the environment, then the Tenant
shall, at its own cost prepare all necessary studies, plans and proposals and submit them to the
Landlord for approval, provide all bonds and other security required by such authorities and
carry out the Work required, keep the Landlord fully informed with respect to proposed plans
and the Work, and comply with the Landlord's reasonable requirements with respect to the plans
and Work. The Tenant further agrees that if the Landlord determines, in Her sole discretion, that
Her property or Her reputation is placed in jeopardy by the requirement for any such Work, the
Landlord may Herself undertake such Work or any part thereof and the Tenant shall forthwith
pay to the Landlord the cost of the Work plus twenty percent (20%) of such cost.
Section 16.02 Landlord's Right to Environmental Assessment
16.02.01 The Landlord may, at any time, enter the Premises to determine the existence of any
Deleterious Substance in the Premises (including surface water and groundwater) or whether any
Deleterious Substance is released or leaks from the Premises and which may cause or contribute
to an adverse environmental effect, and for such purpose the Landlord may carry out any tests in
the Premises. The Landlord will use best efforts to minimize the effects of the testing on the
Tenant. If any assessment, which the Landlord causes to be done, determines that there is an
adverse environmental effect, the Tenant shall, in addition to its other obligations, forthwith on
demand, pay to the Landlord the full cost of such assessment as Additional Rent.
Section 16.03 Tenant to Perform
16.03.01 The Tenant shall, promptly on notice, at its cost, carry out and conclude any Work
required by applicable Laws or codes, or requested by the Landlord to remedy any adverse
environmental effect caused or contributed to by:
(a) the existence of any Deleterious Substance in the Premises (including groundwater and
surface water);
(b) the release or leaking of any Deleterious Substance from the Premises;
(c) the release or leaking of any Deleterious Substance into the sewer system, storm drains or
surface drainage facilities at or on the Premises; or
(d) any act or omission of any Person for whom the Tenant is in law responsible.
Section 16.04 Landlord May Perform
16.04 If the Tenant fails to promptly commence and diligently complete any Work it is
required to perform pursuant to Sections 16.01 or 16.03, the Landlord may enter the Premises
and perform any such Work at the cost of the Tenant, but having commenced such Work, the
Landlord shall not be obligated to complete it. No such entry shall be deemed a re-entry under
this Lease or a breach of the covenant for quiet enjoyment.
Section 16.05 Ownership of Deleterious Substances
16.05.01 If the Tenant brings, permits, creates or uses in the Premises any Deleterious Substance
or if the conduct of any business or any other activity in the Premises or the use of the Premises
causes there to be any substances in the Premises which cause or contribute to any adverse
environmental effect, then, notwithstanding any provision of this Lease or rule of law to the
contrary, such Deleterious Substance or substances shall be and remain the sole and exclusive
Page 18
property of the Tenant, notwithstanding the degree of affixation of such Deleterious Substance or
substances or the goods containing them to the Premises and notwithstanding the expiry,
surrender or early termination of this Lease.
16.05.02 To the extent that the performance by the Tenant of the obligations contemplated in this
Article 16 requires access to the Premises after the expiry, surrender or early termination of this
Lease, the Tenant shall have such access only upon such terms and conditions as the Landlord
may from time to time specify; and the Landlord may, at the Tenant's cost, undertake the
performance of any Work in order to complete such obligations of the Tenant, but having
commenced such Work the Landlord shall not be obligated to complete it.
Section 16.06 Removal of Deleterious Substances
16.06.01 At least one (1) year prior to the termination or expiry of this Lease, the Tenant shall, at
its own cost, engage an independent consultant approved by the Landlord to perform an
environmental assessment of the Premises to:
(a) determine the existence and extent of any Deleterious Substance in the Premises (including
surface water and groundwater), or being released or leaked from the Premises into adjacent
premises, land, air or water, or into the environment; and
(b) establish the estimated cost (including the usual contingencies) to clean up such Deleterious
Substance or repair the damage caused by it and, in either case, returning the Premises or
damaged property to a condition which is in compliance with environmental laws and codes.
16.06.02 The Tenant shall ensure that the independent consultant provides the Landlord with a
copy of the environmental assessment immediately after its completion.
16.06.03 The Tenant shall, at its cost, promptly commence the Work required to remedy any
such adverse environmental effect and thereafter continue such Work to completion within a
reasonable time. If the Tenant fails to do so or thereafter to diligently pursue to completion the
remedying of such adverse environmental effect, the Landlord may, at the Tenant's cost, Herself
undertake the performance of any necessary Work, but having commenced such Work, the
Landlord shall not be obligated to complete it.
ARTICLE 17 - DEFAULT
Section 17.01 Tenant's Default
17.01.01 Notwithstanding any Laws to the contrary, each of the following shall constitute an
event of default ("Event of Default"):
(a) the Tenant defaults in the payment of any Rent on the day appointed and such default
continues for three (3) Business Days after the Landlord's written notice;
(b) any of the goods and chattels of the Tenant are at any time seized in execution or attachment
by any creditor of the Tenant;
(c) an Event of Bankruptcy has occurred with respect to the Tenant;
(d) the Tenant enters into an Assignment or Sublet of this Lease without the prior written
consent of the Landlord;
(e) the Tenant ceases to use the Premises for their stated purposes;
(f) any breach of the representation or warranty provisions of this Lease;
(g) the Tenant fails to observe any of the covenants and obligations in this Lease to be observed
by it (other than the payment of Rent) and such failure continues for a period of fifteen (15) days
(or such shorter period as may be specified in this Lease for a particular default) after the
Landlord's written notice of such failure (herein "Notice of Default'). If any default under this
paragraph reasonably requires more time to cure than the fifteen days required therein the Tenant
shall not be in default provided that the curing of the default is promptly commenced upon
receipt of the Notice of Default, and with due diligence is thereafter continued to completion and
Page 19
is completed within a reasonable time and provided that the Tenant keeps the Landlord well
informed at all times of its progress in curing the default.
17.01.02 The occurrence of an Event of Default shall give rise to the rights in relation thereto set
out in s. 17.02 to s. 17.03 inclusive.
Section 17.02 Landlord's Rights
17.02.01 Where there is an Event of Default, it shall be lawful for the Landlord, at Her option:
(a) with or without entry, to terminate this Lease, and all the rights of the Tenant shall terminate
upon the date of receipt of a notice of termination;
(b) to enter the Premises for the purpose of curing any default of the Tenant, and the Tenant
shall permit such entry, and the Tenant shall pay, as Additional Rent, all Costs of the Landlord in
curing any default, plus a sum equal to twenty percent (20%) thereof and together with interest
on the total amount at the Interest Rate as defined, but the Landlord shall not be obligated to cure
or continue to cure such default, it being understood that the Landlord shall not be liable to the
Tenant for any loss or damage to the Tenant's stock or business caused while curing or
attempting to cure any default of the Tenant;
(c) to pay on behalf of the Tenant, when due, any moneys which the Tenant has covenanted to
pay under this Lease other than a sum payable to the Landlord, and the Tenant shall reimburse
the Landlord for any amount so paid together with interest thereon at the Interest Rate as defined;
(d) to restrain the Tenant by injunction;
(e) to deny the Tenant services such as the supply of electricity, water etc.; and
(f) to claim Damages from the Tenant.
17.02.02 Whenever the Tenant shall be in default in the payment of any money hereunder, the
Landlord may, without notice or any legal process enter upon the Lands and seize, remove and
sell the Tenant's property therefrom and seize, remove and sell any property at any place to
which the Tenant or any other Person may have removed it, in the same manner as if it had
remained upon the Lands.
17.02.03 All Costs incurred by the Landlord as a result of any default by the Tenant shall
forthwith on demand be paid by the Tenant as Additional Rent together with interest, at the rate
for rent in arrears, from the date any such Costs are incurred until they are fully paid.
17.02.04 The Landlord may use such force as She deems necessary for the purpose of gaining
entry to and retaking possession of the Premises, and the Tenant hereby releases the Landlord
from all actions, claims and demands whatsoever in respect of any such entry or any loss or
Damage in connection therewith.
17.02.05 Notwithstanding any Laws to the contrary, whenever re-entry is specifically permitted
under any provision of this Lease, the Landlord's rights and the Tenant's obligations shall not be
affected.
17.02.06 The Tenant agrees that if the Landlord is not able to deliver a Notice of Default or a
Notice of Termination to the Tenant's last address, She may affect notice on the Tenant by
posting it in the Premises, and such notice shall be deemed to have been given from the date it is
so posted.
17.02.07 If the Landlord re-enters or this Lease terminates prior to the end of the term of the
Lease:
(a) notwithstanding any such termination or the Term thereby becoming forfeited, the
provisions of this Lease relating to the consequences of termination shall survive;
(b) Rent shall immediately become due and be paid up to the time of such re-entry or
termination together with an amount equal to the Rent for the next ensuing three (3) months and
the reasonable expenses of the Landlord as hereinafter defined;
(c) the Landlord may re -let the Premises for a term to be fixed at Her discretion;
Page 20
(d) the Landlord may require the Tenant to pay monthly on the first day of each month
following such re-entry or termination and until the expiration of the original Term any
deficiency between:
(i) the aggregate of the monthly installment of Rent which would otherwise have
been payable for that calendar month; and
(ii) the net amount of any rents received on account of the re -letting of the Premises;
and
(e) the Tenant shall pay such Costs as the Landlord may incur in re -letting the Premises.
17.02.08 The Tenant hereby waives;
(a) the benefit of any present Laws, statutory or otherwise, which in any way may take away or
diminish the Landlord's right to terminate this Lease or re-enter into possession of the Premises
in pursuance of Her rights or remedies in this Lease; and
(b) any rights of redemption granted by or under any present Laws, statutory or otherwise, in
the event of the Tenant being evicted or dispossessed, or the Landlord obtaining possession of
the Premises by reason of the violation by the Tenant of any of the terms or conditions of this
Lease or otherwise.
Section 17.03 Remedies not Exclusive
17.03.01 The rights and remedies of the Landlord specified in this Lease are cumulative and are
in addition to Her rights and remedies at law or in equity or by statute, and are not exclusive or
dependent upon any other right or remedy. The right of the Landlord to claim arrears of Rent and
loss or damages against the Tenant shall survive the surrender or termination of this Lease.
ARTICLE 18 - FORCE MAJEURE
Section 18.01 Force Majeure
18.01 To the extent that either party is unable, in good faith, to fulfill or is delayed or
restricted in fulfilling any of its obligations under this Lease by an event of Force Majeure, such
party shall be relieved from the fulfillment of the part of its obligations affected by Force
Majeure while it lasts, provided that the Tenant notifies the Landlord within five (5) Business
Days of the commencement of any event which is an event of Force Majeure and provides the
Landlord with a description of the facts and circumstances of the event of Force Majeure and the
action to be taken to minimize the delay, all of which, in the opinion of the Landlord, justifies the
delay.
18.02 Notwithstanding an event of Force Majeure, the party affected shall proceed with the
performance of its obligations not thereby affected.
18.03 The provisions of this Article shall not excuse the Tenant from the payment of any
Rent or any other obligation under this Lease including the obligation with respect to Insurance.
ARTICLE 19 - ASSIGNMENT AND SUBLETTING
Section 19.01 Prohibition against Assignment or Subletting
19.01.01 The Tenant shall not assign or sublet this Lease without the Landlord's prior written
consent.
Section 19.02 Assignment by Landlord
Page 21
19.02.01 In the event of the sale, lease or other disposition by the Landlord of the Land, or the
assignment by the Landlord of this Lease or any interest herein to the extent that the purchaser,
lessee or assignee assumes the covenants and obligations of the Landlord, the Landlord shall be
relieved of all liability with respect to such covenants and obligations. The Tenant shall, upon
request, attorn in writing to such successor -in -interest.
ARTICLE 20 - SUCCESSORS AND ASSIGNS
Section 20.01 Binding on Successors
20.01.01 Subject to Article 19, this Lease and all its covenants and agreements shall be binding
upon and enure to the benefit of the parties hereto and to any their successors.
ARTICLE 21 - ADDITIONAL PROVISIONS
Section 21.01 Additional Rights of Landlord
21.01.01 The Landlord is entitled from time to time, during normal business hours and in the
presence of a representative of the Tenant, to enter the Premises in order to;
(a) inspect the Premises in order to determine the extent of compliance with all applicable Laws
and this Lease;
(b) enforce any provision of this Lease;
(c) carry out any of Her rights;
(d) show the Premises to prospective purchasers, encumbrances, tenants or assignees and, at any
time during the Term, to place upon them a notice of reasonable dimensions being reasonably
placed, stating that the Premises are for sale or for rent.
21.01.02 Notwithstanding any other provision herein, the Landlord may enter the Premises at
any time where, in the Landlord's judgment, there is a real or apprehended emergency or danger
to persons or property. In this event, if the Tenant is not personally present to open and permit
entry into the Premises, the Landlord may, without notice or resort to any legal process, forcibly
enter the Premises without rendering Her liable therefore, and without in any manner affecting
the obligations and covenants of this Lease.
21.01.03 Except where the Landlord intends to terminate this Lease, no entry by the Landlord
into the Premises or anything done in or for the Premises by the Landlord pursuant to any right
or remedy granted by this Lease or at law shall constitute a breach of any covenant for quiet
enjoyment contained in this Lease or implied by law or (except where expressed by the Landlord
in writing) a re-entry into the Premises, or an interference with the Tenant's possession, or be
deemed to be a forfeiture, surrender or termination of this Lease, or an actual or constructive
eviction, or a derogation from the Landlord's grant.
21.01.04 Nothing in this Lease shall be construed to impose upon the Landlord any obligation,
responsibility or liability whatsoever for the maintenance or repair of the Premises except as
otherwise herein specifically provided.
Section 21.02 Notices
21.02.01 All notices or other communication required or permitted by this Lease shall be in
writing and shall be delivered or sent by an acceptable means to an acceptable address.
Acceptable means are:
(a) delivery during normal business hours to the person who is the addressee or to a person
responsible for receiving communications in the addressee's office, in which case it is effective
when delivered;
Page 22
(b) delivery by registered mail, in which case it is effective when the postal system obtains a
signature accepting delivery; and
(c) electronic transmission to the addressee's office, in which case it is effective when receipt is
acknowledged by a specific message to that effect.
21.02 .02 The acceptable addresses are
(a) in the case of the Landlord:
Transport Canada — Ontario Region
Programs Branch — Pickering Lands
4900 Yonge Street, 4th Floor
Toronto, Ontario M2N 6A5
(b) in the case of the Tenant:
The Corporation of the City of Pickering
One The Esplanade
Pickering, Ontario L 1 V 6K7
Such addresses may be changed from time to time by either party giving written notice as above
provided.
Section 21.03 Amendments
21.03.01 No amendment to this Lease shall have any effect unless it is in writing and is signed
by both the Landlord and the Tenant.
Section 21.04 No Partnership or Joint Venture
21.04.01 The parties hereto expressly disclaim any intention to create a partnership, joint venture
or principal and agent relationship and agree that nothing in this Lease nor any acts on their part
constitute them as partners, joint ventures or principal and agent in any way, nor shall any such
acts create any relationship other than that of Landlord and Tenant, and the Tenant shall not
represent itself to be an agent of the Landlord.
Section 21.05 Members of House of Commons Not to Benefit
21.05.01 No member of the House of Commons shall be admitted to any share or part of this
Lease or to any benefit to arise therefrom.
Section 21.06 Waiver
21.06.01 The failure of the Landlord to insist on the strict performance of any provisions or to
exercise any right under this Lease shall not be construed as a waiver for the future of any such
provisions or right or any other provision or right, or as a waiver of any subsequent breach. The
consent by the Landlord to any act by the Tenant requiring such consent shall not be construed as
a waiver of the requirement of such consent to any subsequent similar act. The acceptance of
Rent by the Landlord shall not be deemed a waiver of any preceding breach by the Tenant of any
term of this Lease, regardless of the Landlord's knowledge of such preceding breach, and no
term of this Lease shall be deemed to have been waived by the Landlord unless such waiver is in
writing signed by the Landlord.
Section 21.07 Further Assurances
21.07 .01 The parties hereto shall execute such further assurances as may reasonably be required
to give effect to any provision of this Lease.
Page 23
Section 21.08 Registration
21.08.01 If the Tenant decides to register this Lease on title to the Land, the Tenant shall notify
the Landlord of its intention to register the Lease and shall provide a copy of the registered
instrument to the Landlord. All relevant Costs shall be the responsibility of the Tenant, it being
agreed that upon the surrender or termination of this Lease, the Tenant shall at its cost remove
and discharge this Lease from the title to the Land.
Section 21.09 Bribes
21.09.01 The Tenant hereby represents and warrants that it has not, nor has any person on its
behalf, given, promised or offered to any Member of the House of Commons or to any official or
employee of the Landlord, for or with a view to obtaining this Lease, any bribe, gift or other
inducement and that it has not, nor has any person on its behalf, employed any person, other than
a recognized real estate broker, to solicit or secure this Lease upon any agreement for a
commission, percentage, brokerage or contingency fee.
Section 21.10 Dispute Resolution
21.10.01 In the event of disagreement arising out of this Agreement, the parties hereto agree, that
prior to having recourse to a court of competent jurisdiction to resolve a dispute, the parties will
try to resolve their differences, and will consider alternative dispute resolution processes before
resorting to litigation.
Section 21.11 Parking and Maintenance of Premises
21.11.01 The Tenant shall be responsible at its sole cost and expense for all maintenance of the
Premises and all Property located thereon, including without limitation, all parking areas and all
walkways incident thereto. The Tenant is responsible for the maintenance of all lawns and for
the removal of snow and ice from all parking areas, walkways, sidewalks, and stairs.
IN WITNESS WHEREOF,
THE LANDLORD has executed this agreement on the day of
, 2019.
HER MAJESTY THE QUEEN IN RIGHT OF CANADA,
AS REPRESENTED BY THE MININSTER OF TRANSPORT
Per: PERRY PAPADATOS
REGIONAL MANAGER, PICKERING LANDS SITE
THE TENANT has executed this agreement on the day of
, 2019.
Page 24
THE CORPORATION OF THE CITY OF PICKERING
Per:
Per:
I/We have authority to bind the Corporation
Page 25
SCHEDULE "A"
DESCRIPTION OF LAND
PINs 614679, 614680-1, 614687, 614688, 614689
1. PIN 614679
Description of All of PWGSC PIN 614679
That parcel or tract of land situate, lying and being in the City of Pickering in the Regional
Municipality of Durham containing approximately 3.5 acres, being part of Lot 19, Concession
5, Geographic Township of Pickering more particularly described a Part of Lot 14, Registered
Plan 10, Village of Brougham as Instrument Number 139441 and shown in RED and labelled
as 679 on the attached Schedule B: PIN 614679 Sketch.
PWGSC PIN 614679 is part of the Durham Land Registry Office (No. 40) property identifier
number 26402 — 0011 (LT).
2. PIN 614680-1
Description of All of PWGSC PIN 614680
That parcel or tract of land situate, lying and being in the City of Pickering in the Regional
Municipality of Durham containing approximately 3.0 acres, being part of Lot 19, Concession
5, Geographic Township of Pickering being more particularly described as Part of Lot 14,
Registered Plan No. 10, Village of Brougham save and except Part 6, Plan 40R-5747, All of
Lots 12, 13 and 15 and part of Lot 16, Registered Plan 530, Village of Brougham as in
Instrument Number 137817 and shown in RED on the attached Schedule B: PIN 614680
Sketch.
PWGSC PIN 614680 is part of the Durham Land Registry Office (No. 40) property identifier
number 26402 — 0011 (LT).
Description of the Land being All of PWGSC PIN 614680-1
That parcel or tract of land situate, lying and being in the City of Pickering in the Regional
Municipality of Durham containing approximately 2.1 acres, being part of Lot 19, Concession
5, Geographic Township of Pickering being more particularly described as Lot 14, Registered
Plan No. 10, Village of Brougham save and except Part 6, Plan 40R-5747, Part of Lots 13, 15
and 16, Registered Plan 530, Village of Brougham being that Part of PWGSC PIN 614680
shown in RED and labeled 680-1 on the attached Schedule B: PIN 614680 Sketch.
3. PIN 614687
Description of All of PWGSC PIN 614687
That parcel or tract of land situate, lying and being in the City of Pickering in the Regional
Municipality of Durham containing approximately 0.7 acres, being Part of Lot 19, Concession
5, Geographic Township of Pickering more particularly described as All of Lots 13 and 14,
Registered Plan 530, Village of Brougham as in Instrument Numbers 150839 and 156164 and
shown in RED and labelled as 687 on the attached Schedule B: PIN 614687 Sketch.
PWGSC PIN 614687 is part of the Durham Land Registry Office (No. 40) property identifier
number 26402 — 0011 (LT).
SCHEDULE "A" (continued)
Page 26
DESCRIPTION OF LAND
PINS 614679, 614680-1, 614687, 614688, 614689
4. PIN 61688
Description of All of PWGSC PIN 614688
That parcel or tract of land situate, lying and being in the City of Pickering in the Regional
Municipality of Durham containing approximately 0.35 acres, being Part of Lot 19,
Concession 5, Geographic Township of Pickering, more particularly described as All of Lot
12, Registered Plan 530, Village of Brougham as in Instrument Number 197963 and shown in
RED and labelled as 688 on the attached Schedule B: PIN 614688 Sketch.
PWGSC PIN 614688 is part of the Durham Land Registry Office (No. 40) property identifier
number 26402 — 0011 (LT).
5. PIN 61689
Description of All of PWGSC PIN 614689
That parcel or tract of land situate, lying and being in the City of Pickering in the Regional
Municipality of Durham containing approximately 0.35 acres, being Part of Lot 19,
Concession 5, Geographic Township of Pickering more particularly described as All of Lot 11,
Registered Plan 530, Village of Brougham as in Instrument Number 188929 and shown in
RED and labelled as 689 on the attached Schedule B: PIN 614689 Sketch.
PWGSC PIN 614689 is part of the Durham Land Registry Office (No. 40) property identifier
number 26402 — 0011 (LT).
Page 27
SCHEDULE "B"
PLAN OF SITE
PINs 614679, 614680-1, 614687, 614688, 614689
Location Map
SCHEDULE "B" (continued)
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Engineering Services
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1:3,031 12/3/2019
SCHEDULE "B" (continued)
Page 28
PLAN OF SITE
PINs 614679, 614680-1, 614687, 614688, 614689
Pickering Lands Site PINs 614679, 614680-1, 614687, 614688, 614689 Sketch
Fa -F.1414
TOTAL PIN AREA BOUNDARY
E7 PIN BOUNDARIES
EIILDING OUTLINES
Don Beer Memorial Park Boundary
PIN 614679 AREA = 3.5 acres
PIN 614680-1 AREA = 2.12 acres
PIN 614687 AREA = 0.7 acres
PIN 614688 AREA= 0.35 acres
PIN 614689 AREA= 0.35 acres
TOTAL PIN AREA = 7.02 acres
Imagery Date: March 2016
141 Public Works and Government Services Canada Dec. 05 2019
S.G.C. 18-001 Item re. 19-001-025