HomeMy WebLinkAboutBy-law 2807/88m
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW N0.28�7 (88
Being a by-law to authorize the execution of a
Lease between the Town and Her N3ajesty the
Queen in Right of Canada reapecting Part Lot 19,
Concesaion 6, Pickering (Brougham Parkette;
1988/1989).
WHEREAS pursuant to the proviaions-of section 208.57 of the Municipal Act, R.S.O.
1980, chapter 302, the council of a municipality may pasa a by-law for acquiring,
maintaining and operating parks and community recreation centres;
I
NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY �
ENACTS AS FOLLOWS: iI
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1. The Mayor and Clerk are hereby authorized to execute a Lease between i
The Corporation of the Town of Pickering and Her Majesty the Queen in
Right of Canada, in the form attached hereto as Schedule A, for the use
of that part of Lot 19, Conceasion 6, Pickering, designated therein as the �
Brougham Parkette, from June 1, 1988 to May 31, 1989, li
BY-LAW read a firat, second and third time and finally passed this 20th day of June,
1988.
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THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW N0.2807 /88
Being a by-law to authorize the execution of a
Lease between the Town and Her Majesty the
Queen in Right of Canada respecting Part Lot 19,
Concession 6, Pickering (Brougham Parkette;
1988/1989).
WHEREAS pursuant to the provisions of section 208.57 of the Municipal Act, R. S.O.
1980, chapter 302, the council of a municipality may pass a by-law for acquiring,
maintaining and operating parks and community recreation centres;
NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY
ENACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute a Lease between
The Corporation of the Town of Pickering and Her Majesty the Queen in
Right of Canada, in the form attached hereto as Schedule A, for the use
of that part of Lot 19, Concession 6, Pickering, designated therein as the
Brougham Parkette, from Sune 1, 1988 to May 31, 1989.
BY-LAW read a first, second and third time and finally passed this 20th day of June,
1988.
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UPW ID. N0.614725-1
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COh49ERCIAL LEASE - CORPORATE
THIS LEASE a�ade in purauance of the Short Forma of Leases Act
BETWEEN:
AND
HER MAJESTY THE QUEEN IN RIGHT OF CANADA,
as represented by The Minister of Public Worka,
hereinafter referred to as the "Landlord"
OF THE FIRST PART
THE CORPORATION OF THE TOWN OF PICKERING,
1710 Kingston Road, Pickering, Ontario, L1V 1C7,
hereinafter referred to as 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 pzemises be leased for so long
as they are not required for public purposes;
ARRB�iN8R87►8XgX1Sa�xa�l7hla��tx�tnxxx�ycxp�c�c�txea'Fataae[x�axaa�zfvarilz,��aoae��deo�x�ac
�Aar9tab[HdxasxBYSxLS�c$�CA�7ec �i&iq
WITNESSETH that in consideration of the rents, covenants and agreements
hereinafter reserved and contained, the Landlord doth demise and lease unto the
Tenant, all that meseuage or tenement being hereinafter referred to as the premisee,
gituate on, lying in and being part of Lot 19, Conceseion 6, Town of Pickering,
Regional Municipality of Durham , Province of Ontario, comprising .109 acres
more or less, being mare fully described in registered title instrument numbered
23471, and being outlined in red on the key plan attached hereto as
Schedule "A", aatflxilasgzud�tx,�g
To have and to hold the said premises for the term of ONE (1) YEAR to be
computed from the FIRST (lst) day of JUNE 19 88, and to be fully
completed and ended on the 'I7iIRTY-FIRST (31st) day of �1Y 19 89 .
Yielding and paying therefor during the said term unto the Landlord, yearly
rent in the aume hereinafter specfied, in equal monthly inatalments within each
year as followa:
TWO (2) DOLLARS ($2.0�) FOR THE TERM
due and payable in advance .Axi}�xi�tamGc�(��dug�c�fc�rat0'htxax�x�x�x�jx��x
x�pesacd�g on the First (lat) day of JUNE 19 88 , aYthxiiuyc�lp�pot7c{amyrmet�cat�
t�eot�em�a�d�w�xthaxgtzsix�($s�G)xxbmqu�ad'icxxxxxxxxxxxxxi$ , at the Department of
Public Worke, Property Management Office, Brougham, Ontario, or at such other
place as the Landlord may in writing indicate; AND FURTHER YAYING AS ADDITIONAL
RENT, the moniea and other charges, coata and expensea herein provided to be paid
by the Tenant.
- 2 -
THE SAID TENANT accepts the demiaed premises in their present condition,
AND COVENANTS WITH THE SAID LANDLQRD:
1. To pay rent and buainese taxea; and to pay all utility charges, including fuel
for heating, hydro, water, hot water, sewage disposal and garbage removal, and
all other operating and maintenance costs and expenses save only as hereinafter
othenaise provided, and to supply proof thereof on demand; and the Tenant further
covenante to empty the septic tank periodically, at his own expense;
2. The Tenant ahall repair the premises at his own expense, reasonable wear and
tear, and damage by fire, lightning and tempest only excep[ed; the said Landlord
may in Her discretion repair reasonable wear and tear and damage by fire,
lightning and tempest, provided that She may in Her discretion enter and view
the atate of repair;
3. The Tenant ahall not carry on upon the said premises any buainess that may be
deemed a nuisance;
4. The Tenant ahall leave the premises in good repalr, reasonable wear and tear,
and damage by fire, lightning and tempest only� excepted; notwithstanding tlie
generality of anything herein contained, the Tenant covenants Co repair at his
sole expense any damage to the premises caused by his wilful oc negligent conduct
or that of persons permitted by him to be on the premises;
5. The Tenant ehall not assign or sublet notwithstanding any statutory en�ctment
to the contrary, without the approval in writing of the Landlord, whicli approval
may be withheld in the Landlord's sole discretion;
6. The Tenant ehall not store or keep on the premises explosives or inflammable
aubatances, except liquid fuels for domestic conaumption or products reasonably
kept or stored in connection with the Tenant's permitted lawful uses of the
demised property;
7. The Tenant shall not do or permit to be done on the said premises anything
which may be annoying to the Landlord, or which the Landlord may deem to be
a nuieance, and that the Tenant shall use and occupy the said premises as a
parkette;
8. The Tenant shall insure the premises at his expense for public liability for
an amount not leas than $1,000,000.00 for each occurrence; and that the policy
shall name Her Majesty the Queen in Right of Canada as co-beneficiary; and
that he ahall promptly furnish to the Landlord copies of such policies and their
renewal; and that he shall instruct his insurers to endorse all such policies to
provide that in the event of any change in them which could affect the Landlord
or in the event of their cancellation the insurer will give notice to [he Landlord
thirty (30) days prior to the effective date of such change or cancellation; and
the Tenent covenants that he shall indemnify and save harmless the Landlord from
and against all claima, demands, losses, costs, damages, actions, suits or other
proceedinga, by whomaoever made, sustained, brought or prosecuted in any matter,
based upon, occasioned by or attributable to any injury or damage arising or
resulCing from any act or omission of the Tenant, his servants, licensees, invitees,
guests, students, contractors or agents in using or occupying the sai.d demised lands
end premises; and the Tenant covenantsthat he sliall well and truly observe and
fulfil all lawful provisions and requirements of statutes, regulations, by-laws,
rules and orders relating to the said demised lands end premises;
- 3 -
9. The Tenant ehall not allow anq ashea, refuse, gaibage or other looae oi
objectionable material to accumulate in or about the building, yards, driveways,
or passagee of the eaid premiaes, and ahall at all times keep the said premises
in clean and wholeeome condition, and ahall, immediately before the termination
of the term hereby granted, wash the floora, windowa and woodwotk of the said
premiaea; and that he shall keep the aidewalks and driveways in front and at
the aides of the said premisea free of anow and ice;
10. If the term hereby granted or the goods and chattela of the Tenant or any assignee
or aub-tenant ehall be at any time aeized or taken in execution or attachment, or
if the Tenant ac any auch asaignee or sub-tenaat sha11 make an asaignment for the
benefit of creditore or shall become bankrupt or insolvent, or make a proposal to
ita creditora, or without the consent of the Landlord being firet obtained in
writing, shall make a sale, under the Bulk Sales Act, in respect of gooda on the
premises, or being a company shall become subject to any legislative enactment
relating to liquidation or winding up, either voluntary or compulsory, the said
term shall i�nedia[ely become forfeited and void, and an amount equivalent to
the next enauing three months' rent shall be at once due and payable;
11. In consideration of the foregoing and of the leasing and letting by the Landlord
to the Tenant of the premises hereby demised, the Tenant hereby covenants and-
agrees with the Landlord that notwithatanding any statu[e or law to the contrary,
none of the gooda or chattels of the Tenant on the said premiaea at any time
during the continuance of the term hereof shall be exempt from levy by distresa
for rent in arrears by the Tenant and that upon any claim being made for such
exemption by the Tenant, or on diatress being made by the Landlord, this covenant
and agreement may be pleaded as an estoppel against the Tenant in any action
brought to teat the right to the levying upon any such goods as are named as
exemQted in any such atatute or Law, the Tenant waiving, as he here6y does, all
and every benefit that could or might have accrued to him under and by virtue
of any auch statute or law but for the above covenant;
12. THE SAID LANDLORD COVENANTS WITH THE SAID TENANT for quiet enjoyment, while this
lease is in good standing and not terminated by the Landlord or otherwise by its
terms; provided that the Landlord ahall not be liable to supply water if the
exieting aupply is or becomes inadequate;
13. THE LANDLORD covenants and agreea to,pay real property taxes atrributable by
Her to the demiaed premises;
14. THE TENANT covenants and agrees to and with the Landlord that if there be an
increase in real property taxes attributed by the Landlord as being payable by
the Landlord in respect of the demised premises, [he Tenant shall pay such
increase in full upon being notified thereof, with the next due monthly ren[al
payment and such increase in real property taxes shall be deemed to be part of
the rent reserved in [his Lease and the remedies available to the Landlord
relating to rent herein and at law shall apply mutatis mutandis thereto;
15. The Tenant hereby acknowledges that he has received the keys of the said premises,
which he agrees to return upon quitting the said premises;
16. Any alterations, additions or improvements of the Tenant are subject to the
prior approval of the Landlord in writing and must be made by a qualified
contractor who is acceptable to the Landlord, entirely at the Tenant�s expense
PROVIDED that alterations, additions and improvements to heating, air conditioning,
plumbing, roof and bearing walls are prohibited unless the Landlord gives specific
written consent;
17. The Tenant may remove his fixtures if all the rent due hereunder has been paid
and such removal can be made without injury or damage to the property that
cannot be compensated bq the Tenant in money; and provided the Tenant covenanta
he ahall be reaponaible for prompt restotation or compensation to the satisfaction
of the Landlord;
18. In the event of the destruction or pertial destruction of the sai.d premises
by fire, lightning, tempest, or otherwise, the Landlord may, in its sole
discretion, declare the term hereby granted to be forthwith terminated, and
in such event rent shall be payable up to the time of such destruction or
partial destruction;
- 4 -
19. During the laet two months of the tenancy hereby granted, the Tenant ahall
allow proapective tenants to be admitted to view the said premiaes at reasonable
hours any day except Sunday on producing a written order to that effect signed
by the Landlord or hie agent;
2U, The Landlord shall have the privilege at all reasonable timea during the term
hereby granted or any extension thereof, by Her agents, servanta, contractora
and workmen with requisite vehicles and equipment, to enter on the landa for
the purpose of making surveys, aoil teats, laying roads, erecting structures
and removing obstructiona, upon 10 days notice to the Tenant; the parties
covenant that euch entry for a limited purpose or purposea ahall not [erminate
the lease, nor result in the abatement of rent; provided thnt if such entry
becomes permanent and results in the reduction of the area of the leased premises,
an appropriate adjuatment of rental shall be negotiated by the Partiea;
21< It is hezeby understood and agreed that all chattels and Tenant's fixtures on
the premisea at any time shall be liable to distress for rent in arreara, and
that all statutory proviaions now or hereafter in force relating to exemptions
from distress are hereby waived, In the event of any default by the Tenant in
the pecformance 'of any of the covenants or agreements herein contained the
Landlord shall have the right on thirty days notice in writing to the Tenant '
to Cerminate this lease or to re-enter and take possession of the said premises
and all accrued rent ahall immediately become due and payable.
22. Proviso for re-entry by the said Landlord on non-payment of rent or non-
performance of covenants;
23. In the case of a seizure or forf.eiture of the s�id tcrm for nny of the causes
herein set forth, the Landlord shall have the same right of re-entry as is
given under the next preceding proviso;
24, NotwithsCanding anything herein contained the Landlord's right of re-entry
hereunder for non-payment of rent or non-performance of covenants shall become
exercisable immediately upon default being made;
z5, If the Tenant remains in occupation of the demised premisea after the expiration
of the term hereby granted without a written agreement to ihe contrary he shall
not be deemed to be a tenant from year to year but shall be a monthly tenant
only, at a rental to be determined by the Landlord, that is not in excess of
the fair market value of the property, payable in advance, and all the terms and
conditions hereof, so far as applicable, shall apply to such monthly tenancy;
26. Any notice given to the Landlord by the Tenant shall be addressed to the
Department of Public Wotks, Property Management Office, Brougham, Ontario, oz
such other place as the Landlord may in wri[ing indicate, and any notice from
the Landlord Co the Tenant shall be addressed to the leased premises;
27, It is agreed between the parties hereto that every covenant, proviso and agree-
ment herein contained shall enure to the benefit of the Tenant and the Tenant's
successors and assigns and to the Landlord or Her successors or assigns and be
binding upon the Tenant's agents, heirs, executors, administrators, assigns
and successors and the Landlord's successors or assigns and that all covenants
herein contained shall be construed as being joint and several, and that when
the context so requires or permits the singular number shall be read as if the
plural were expressed, and the masculine gender as if the feminine or neu[er,
as the case may be, were expressed;
Zg_ The rights of the Landlord herein may be exercised by any official authorized
by the Minister of Public Works;
Zq, No Member of the House of Commons shall be admitted to any share or part of
this Agreement or to any benefit to arise therefrom;
- 5 -
30. If the Tanant ahall at anp time fail to pay rent as aforeaaid, he ahall become
liable to pay intereet on all such inatalmenta of rent that he has failed to
pay, calculatad at the rate of lOx per annum from the time of auch failure.
Such intereet ahall be dee�d to be part of the rent reaerved in Chis lease,
and the remediea available to the Landlord relating to rent hetein and at law
shall apply mutatis mutandis thereto;
31. The Tenant shall prepay to the Landlord a aum equal to one month's rent, which
payment ahall be applied in payment of rent for the last month under this lease.
In the event that ehe rent under this lease is increased, the Tenant sha11 prepay
to the Landlord at that time a aum equal to the difference between the new and
the old rent so that the amount of prepaid rent shall at all timea be equal to
one month's current rent under thia lease.
32. The Tenant covenanta that� upon the Tenant abandoning or vacating the premiaea,
or upon the expiration or other determination of thie lease in any other manner,
the Tenant shall forthwith remove from the premiaea, all equipment, vehiclea,
chattels, liveatock, materials, effecta and thinga, at any time brought or placed
thereon by the Tenant, and shall also to the satiafaction of the Landlord, repair
all and every damage and injury occasioned to the landa and premisea of the
Landlord by reason of such rerooval or otherwise cauaed during the term of the
tenancy. The Tenant hereby agreea that if he fails to effect such removal
forthwith, that the said equipment, vehiclea, chattels, liveatock, materials,
effects and thinga shall be deemed abandoned and worthlesa, and that the Landlord
may, 3n Iler absolute and unfettered discretion i�ediately dispose of said chattels
and things, in any manner She sees fit. The Tenant further agrees to inde�ify
the Landlord for all expenses incurred by Her, in effecting such removal, and
in returning the premises to an ordinary state of cleanliness and good repair.
IN WITNESS WHEREQF the parties hereto have executed this lease by their duly authorized
representatives, and the corporate seal of THE CORPORATION OF THE 1C)WN OF PICKERING
has been affixed under the hands of its au[horized otficers as of the date first above
written.
per
Date
J. ANDERSON (Mayor)
(Corporate
seal)
Date
B. TAYLOR (Clerk)
HER MAJESTY THE QOEEN IN RIGHT OF CANADA
as represented by
THE MINISTER OF PUBLIC WORKS
BY: Date
M. Richardson
Project Site Manager
New Toronto Airport Project
Brougham, Ontario
BY
Date
C. A. Maltas
Manager, Finance & Administration
New Toronto Airport Project
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