HomeMy WebLinkAboutBy-law 3080/89 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3080 /89
Being a by-law to authorize the execution of an
Agreement to lease part of Lot 19, Concession 3,
Pickering to T. Arnts Loam Supply Limited from
January 1, 1989 to December 31, 1989.
WHEREAS, pursuant to the provisions of section 193 of the Municipal Act, R.S.O.
1980, chapter 302, the Council of a municipal corporation may by by-law, lease prem-
ises owned by it;
NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY
ENACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute an Agreement, between
The Corporation of the Town of Pickering and T. Arnts Loam Supply Limited
for the leasing of part of Lot 19, Concession 3, Pickering, from January 1,
1989, to December 31, 1989.
BY-LAW read a first, second and third time and finally passed this 3rd day of April,
1989.
Wayne Ar~rs,
Bruce Tayl6i~, /Clerk
THE CORPORATION OF TtlE TOWN OF PICKERING
BY-LAW NO. 3080 /89
Being a by-law to authorize the execution of an
Agreement to lease part of Lot 19, Concession 3,
Pickering to T. Arnts Loam Supply Limited from
January 1, 1989 to December 31, 1989.
WHEREAS, pursuant to the provisions of section 193 of the Municipal Act, R.S.O.
1980, chapter 302, the Council of a municipal corporation may by by-law, lease prem-
ises owned by it;
NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY
ENACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute an Agreement, between
The Corporation of the Town of Picketing and T. Arnts Loam Supply Limited
for the leasing of part of Lot 19, Concession 3, Pickering, from January 1,
1989, to December 31, 1989.
BY-LAW read a first, second and third time and finally passed this 3rd day of April,
1989.
THIS LEASE made this 20th day of February, 1989.
IN PURSUANCE OF THE SHORT FORMS OF LEASES ACT
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Landlord"
OF THE FIRST PART,
- and -
T. ARNTS LOAM SUPPLY LIMITED
hereinafter called the "Tenant"
OF THE SECOND PART.
WITNESSETH THAT in consideration of the rents, covenants and agreements herein
contained the Landlord and the Tenant agree as follows:
1o LEASE
(1) Lease & Term
The Landlord does demise and lease to the Tenant the premises (the
"Premises") consisting of 3.824 hectares of rentable area located in Lot
19, Concession 3, Picketing, and comprising that part of Parts 37 and 40,
Plan 40R-6934, cross-hatched on the sketch attached hereto as Schedule
A.
TO HAVE AND TO HOLD for a term (the "Term") of one year commencing
on the 1st day of January, 1989 and expiring on the 31st day of
December, ]989, unless the term is earlier terminated.
2. RENT
(1) YIELDING AND PAYING THEREFOR yearly during the Term as rent the
sum of $960.00 payable by the Tenant in twelve monthly installments of
$80.00 each.
(2) Place and Manner of Payment
Each payment of rent shall be paid by the Tenant to the Landlord in
advance, on the first day of the month, in lawful money of Canada, at
the address of the Landlord set out in section 15 or at such other place
as the Landlord shall from time to time designate, and the landlord may
require the Tenant to provide post-dated cheques for this purpose.
GENERAL COVENANTS
(1) The Landlord covenants with the Tenant:
(a) for quiet enjoyment; and
(b) to obserwe and perform all covenants and obligations of the
Landlord herein.
(2) The Tenant covenants with the Landlord:
(a) to pay rent; and
(b) to observe and perform all covenants and obligations of the
Tenant herein.
4. USE & OCCUPANCY OF PREMISES
The Tenant covenants with the Landlord:
(a) Required & Prohibited Uses
To use the Premises only for the purpose of carrying on the business of
the storage, sale and supply of top soil, sand, stone, pavers and related
products;
(b) Conduct of Business
To carry on the business described in subclause (a) on the the Premises
in a reputable manner and in compliance with all the provisions of this
Lea se;
(c) Hours of Operation & Illumination
To carry on the business only between the hours of 5:30 a.m. and
midnight, local time, and not to illuminate any sign or any part of the
Premises not contained within a building or structure, except for security
purposes, between 1Z:01 a.m. and 5:30 a.m., local time;
(d) Business Name
To carry on business on the Premises under the name and style of T.
Arnta Loan Supply and under no other name or style unless approved in
writing by the Landlord;
(e) Appearance, etc. of Premises
To maintain and operate the Premises so that they shall always be of good
appearance and suitable for the proper operation of the business required
to be carried on therein and comparable with the standards of the best
such business, and in so doing, to keep the Premises orderly, tidy, clean
and clear of all refuse;
(f) By-Laws
To comply at its own expense with all municipal, federal and provincial
sanitary, fire and safety laws, regulations and requirements pertaining to
the occupation and uae of the Premises, the condition of the Leasehold
Improvements, trade fixtures, furniture and equipment installed by or on
behalf of the Tenant therein and the making by the Tenant of any re-
pairs, changes or improvements therein.
5. TAXES
(1) Payment by Tenant
The Tenant covenants with the Landlord to pay promptly when due to the
taxing authority or authorities having jurisdiction all taxes, rates, duties,
levies and assessments whatsoever, whether municipal, psrliamentary or
otherwise, levied, imposed or assessed in respect of the Premises and any
and every business carried on in the Premises by the Tenant, or in
respect of the use or occupancy thereof (including licence fees).
LICENCES, ASSIGNMENT AND SUB-LETTING
(1) Licences
The Tenant shall not permit any part of the Premises to be used or
occupied by any persons other than the Tenant and the employees of the
Tenant, or permit any part of the Premises to be used or occupied by
any licensee or concessionaire, or permit any persons to be upon the
Premises other than the Tenant, its employees, customers and others
having lawful business with it.
(2) Assii~nment & Subletting
The Tenant shall not assign this Lease or sublet all or any part of the
Premises.
7. SIGNS
The Tenant shall be permitted to maintain an identification sign at or near the
frontage of the Premises on Brock Road. Such sign shall contain only the name
or style under which the Tenant is required to carry on business under the
provisions of this Lease unless the Landlord shall otherwise approve in writing,
and the sign including the size, location, arrangement and type of lettering, its
colour, illumination and all its other appearance and design features shall be
subject to the prior written approval of the Landlord. Otherwise, except with
the prior written consent of the Landlord, the Tenant shall not paint, display,
inscribe, place or affix any sign, symbol, notice, lettering or display of any
kind anywhere outside the Premises or within the Premises so as to be visible
from the outside of the Premises with the exception of lawful signs erected on
the Tenant's lands adjacent to the Premises, Should the Landlord at any time
object to any sign, symbol, notice, lettering or display either affixed to or
visible from the outside of the Premises, the Tenant shall remove the same
forthwith upon request.
8. LEASEHOLD IMPROVEMENTS & TRADE FIXTURES
(1) Definition of Leasehold Improvements
For purposes of this Lease, the term "Leasehold Improvements" includes
without limitation all fixtures, improvements, installations, alterations and
additions from time to time made, erected or installed by or on behalf of
the Tenant in or on the Premises, and whether or not moveable, with the
exception of trade fixtures and furniture and equipment not of the nature
of fixtures.
(2) Installation of Improvements & Fixtures
The Tenant shall not make, erect, install or alter any Leasehold Improve-
ments or trade fixtures, including lighting, in or on the Premises without
having first obtained the Landlord's written approval. The Tenant's
request for any approval hereunder shall be in writing and accompanied
by an adequate description of the contemplated work and, where appro-
priate, working drawings and specifications thereof. All work to be
performed in the Premises shall be performed by competent contractors
and subcontractors of whom the Landlord shall have approved, such
approval not to be unreasonably withheld. All such work shah be subject
to inspection by and the reasonable supervision of the Landlord, and
shall be performed in accordance with any reasonable conditions or regu-
lations imposed by the Landlord and completed in a good and workmanlike
manner in accordance with the description of work approved by the
Landlord.
(3) Liens & Encumbrances on Improvements & Fixtures
In connection with the making, erection, installation or a]teratinn of
Leasehold Improvements and trade fixtures and all other work or instal-
lations made by or for the Tenant in or on the Premises, the Tenant shall
comply with all the provisions of the Construction Lien Act, and other
statutes from time to time applicable thereto, including any provision
requiring or enabling the retention by way of hold-back of portions of
any sums payable, and except as to any such hold-back shall promptly
pay all accounts relating thereto. The Tenant shall not create any mort-
gage, conditional sale agreement or other encumbrance in respect of its
Leasehold Improvements or, without the consent of the Landlord, with
respect to its trade fixtures nor shall the Tenant take any action as a
consequence of which any such mortgage, conditional sale agreement or
other encumbrance would attach to the Premises or any part thereof. If
and whenever any mechanics~ or other lien for work, labour, services or
materials supplied to or for the Tenant or for the cost of which the
Tenant may be in any way liable or claims therefor shall arise or be filed
or any such mortgage, conditional sale agreement or other encumbrance
shall attach, the Tenant shall within twenty (20) days after receipt of
notice thereof procure the discharge thereof, including any certificate of
action registered in respect of any lien, by payment or giving security or
in such other manner as may be required or permitted by law. and failing
which the Landlord may in addition to all other remedies hereunder avail
itself of its remedy under section 12 hereof and may make any payments
required to procure the discharge of any such liens or encumbrances.
shall be entitled to be reimbursed by tbe Tenant as provided in section
12, and its right to reimbursement shall not be affected or impaired if the
Tenant shall then or subsequently establish or claim that any lien or
encumbrance so discharged was without merit or excessive or subject to
any abatement, set-off or defence. This subsection shall not prevent the
Tenant from mortgaging or encumbering its chattels, furniture or equip-
ment not of the nature of fixtures.
(4) Removal of Improvements & Fixtures
All Leasehold improvements, trade fixtures, furniture and equipment shall
be removed by the Tenant from the Premises either during or at the
expiration or sooner termination of the Term.
The Tenant shall, in the case of every removal either during or at the
end of the Term. make good at the expense of the Tenant any damage
caused to the Premises by the installation and removal.
9. INSURANCE & LIABILITY
(1) Tenant's Insurance
The Tenant shall take out and keep in force during the Term:
(a) comprehensive insurance of the type commonly called general
public liability, which shall include coverage for personal liability,
contractual liability, tenants~ legal liability, non-owned automobile
liability, bodily injury, death and property damage, all on an
occurrence basis with respect to the business carried on in or
from the Premises and the Tenant's use and occupancy of the
Premises, with coverage for any one occurrence or claim of not
less than Five Million Dollars ($5,000,000), or such other amount
as the Landlord may reasonably require upon not less than six
months notice at any time during the Term, which insurance shall
include the Landlord as a named insured and shall protect the
Landlord in respect of claims by the Tenant as if the Landlord
were separately insured; and
(l~) insurance against such other perils and in such amounts as the
Landlord may from time to time reasonably require upon not less
than 90 days written notice, such requirement to be made on the
basis that the required insurance is customary at the time for
prudent tenants of similar properties.
All insurance required to be maintained by the Tenant hereunder shall be'
on terms and with insurers to which' the Landlord has no reasonable
objection. Each policy shall contain a waiver by the insurer of any
rights of subrogation or indemnity or any other claim over to which the
insurer might otherwise be entitled against the Landlord or the agents or
employees of the Landlord, and shall also contain an undertaking by the
insurer that no material change adverse to the Landlord or the Tenant
will be made, and the policy will not lapse or be cancelled, except after
not less than thirty days written notice to the Landlord of the intended
change, lapse or cancellation. The Tenant shall furnish to the Landlord,
if and whenever requested by it, certificates or other evidences accept-
able to the Landlord as to the insurance from time to time effected by the
Tenant and its renewal or continuation in force, together with evidence as
to the method of determination of full replacement cost of the Tenant's
Leasehold Improvements, trade fixtures, furniture and equipment, and if
the Landlord reasonably concludes that the full replacement cost has been
underestimated, the Tenant shall forthwith arrange for any consequent
increase in coverage required hereunder. If the Tenant shall fail to take
out, renew and keep in force such insurance, or if the evidences submit-
ted to the Landlord pursuant to the preceding sentence are unacceptable
to the Landlord or no such evidences are submitted within a reasonable
period after request therefor by the Landlord, then the Landlord may
give to the Tenant written notice requiring compliance with this section
and specifying the respects in which the Tenant is not then in compliance
with this section. If the Tenant does not, within 72 hours or such lesser
period as the Landlord may reasonably require having regard to the
urgency of the situation, provide appropriate evidence of compliance with
this section, the Landlord may, but shall not be obligated to, obtain some
or all of the additional coverage or other insurance which the Tenant
shall have failed to obtain, without prejudice to any other rights of the
Landlord under this Lease or otherwise, and the Tenant shall pay all
premiums and other expenses incurred by the Landlord in that connection
as additional rent pursuant to section 12 hereof.
(2) Limitation of Landlord's Liability
The Landlord shall not be liable for any bodily injury or death of, or loss
or damage to any property belonging to the Tenant or its employees,
invitees or licensees or any other person in, on or about the Premises.
(3) Indemnity of Landlord
The Tenant shall indemnify and save harmless the Landlord in respect of:
(a) all claims for bodily injury or death, property damage or other
loss or damage arising from the conduct of any work hy or any
act or omission of the Tenant or any agent, employee, contractor,
invitee or licensee of the Tenant, and in respect of all costs,
expenses and liabilities incurred by the Landlord in connection
with or arising out of all such claims, including the expenses of
any action or proceeding pertaining theretol
(b) any loss, cost, expense or damage suffered or incurred by the
Landlord arising from any breach by the Tenant of any of its
covenants and obligations under this Lease~ and
(c) all costs, expenses and reasonable legal fees that may be incurred
or paid by the Landlord in enforcing against the Tenant the
covenants, agreements and representations of the Tenant set out
in this Lease.
10. ACCESS OF LANDLORD
(1) Inspection & Access
The Landlord shall be permitted at any time and from time to time to
enter and to have its authorized agents, employees and contractors enter
the Premises for the purposes of inspection, maintenance or making
repairs, and the Tenant shall provide free and unhampered access for the
purpose, and shall not be entitled to compensation for any inconvenience,
nuisance or discomfort caused thereby, but the Landlord in exercising its
rights hereunder shall proceed to the extent reasonably possible so as to
minimize interference with the Tenant's use and enjoyment of the Prem-
(2) Exhibitin[~ Premises
The Landlord and its authorized agents and employees shall he permitted
entry to the Premises during the last six (6) months of the Term for the
purpose of exhibiting them to prospective tenants.
11. DELAY & NON-WAIVER
(1) Unavoidable Delay
Except as herein otherwise expressly provided, if and whenever and to
the extent that either the Landlord or the Tenant shall be prevented,
delayed or restricted in the fulfilment of any obligation hereunder in
respect of the making of any repair, the doing of any work or any other
thing, other than the payment of rent or other monies due, by reason of:
(i) strikes or work stoppages;
(ii) inability to obtain any material, service, utility or labour required
to fulfil such obligation;
(iii) any statute, law or regulation of, or inability to obtain any
permission from, any government authority having lawful jurisdic-
tion preventing, delaying or restricting such fulfilment; or
(iv) other unavoidable occurrence,
the time for fulfilment of such obligation shall he extended during the
period in which such circumstance operates to prevent, delay or restrict
the fulfilment thereof, and the other party shall not be entitled to com-
pensation for any inconvenience, nuisance or discomfort thereby occa-
sioned.
(2) Waiver
If either the Landlord or the Tenant shall overlook, excuse, condone or
suffer any default, breach or non-observance by the other of any
obligation hereunder, this shall not operate as a waiver of such obligation
in respect of any continuing or subsequent default, breach or
non-observance, and no such waiver shall be implied but shall only be
effective if expressed in writing.
12. REMEDIES OF LANDLORD
(1) In addition to all rights and remedies of the Landlord available to it in
the event of any default hereunder by the Tenant through improper
compliance or non-compliance with any obligation arising either under this
or any other provision of this Lease or under statute or the general law
the Landlord:
(a) shall have the right at all times to remedy or attempt to remedy
any default of the Tenant, and in so doing may make any pay-
ments due or alleged to be due by the Tenant to third parties
and may enter upon the Premises to do any work or other things
therein, and in such event all expenses of the Landlord in reme-
dying or attempting to remedy such default shall be payable by
the Tenant to the Landlord as additional rent forthwith upon
demand.
(b) shall have the same rights and remedies in the event of any
non-payment by the Tenant of any amounts payable by the Ten-
ant under any provision of this Lease as in the case o{ a
non-payment of rent; and
(c) if the Tenant shall fail to pay any rent or other amount from time
to time payable by it to the Landlord hereunder promptly when
due, shall be entitled, if it shall demand it, to interest thereon at
a rate of three per cent (3%) per annum in excess of the minimum
lending rate to prime commercial borrowers from time to time
current at the Town's bank from the date upon which the same
was due until actual payment thereof.
(2) Remedies Cumulative
The Landlord may from time to time resort to any or all of the rights and
remedies available to it in the event of any default hereunder by the
Tenant, through improper compliance or non-compliance with any
obligation arising either under any provision of this Lease or under
statute or the general law, all of which rights and remedies are intended
to be cumulative and not alternative, and the express provisions here-
under as to certain rights and remedies are not to be interpreted as
excluding any other or additional rights and remedies available to the
Landlord by statute or the general law.
(3) Ri[/ht of Re-Entry on Default or Termination
If and whenever the rent hereby reserved or other monies payable by the
Tenant or any part thereof shall not be paid on the day appointed for
payment thereof, whether lawfully demanded or not, and the Tenant shall
have failed to pay such rent or other monies within five (5) business
days after the Landlord shall have given to the Tenant notice requiring
such payment, or if the Tenant shall breach or fail to observe and per-
form any of the covenants, agreements, provisos, conditions and other
obligations on the part of the Tenant to be kept, observed or performed
hereunder, or if this Lease shall have become terminated pursuant to any
provision hereof, or if the Landlord shall have become entitled to termi-
nate this Lease and shall have given notice terminating it pursuant to any
provision hereof, then and in every such case it shall be lawful for the
Landlord thereafter to enter into and upon the Premises or any part
thereof in the name of the whole and the same to have again, repossess
and enjoy as of its former estate, anything in this Lease contained to the
contrary notwithstanding.
(4) Termination & Re-Entry
If and whenever the Landlord becomes entitled to re-enter upon the
Premises under any provision of this Lease the Landlord, in addition to
all other rights and remedies, shall have the right to terminate this Lease
forthwith by leaving upon the Premises notice in writing of such termina-
tion.
(5) Payment of Rent, etc. on Termination
Upon the giving by the Landlord of a notice in writing terminating this
Lease, whether pursuant to this or any other provision of this Lease,
this Lease and the Term shall terminate, rent and any other payments for
which the Tenant is liable under this Lease shall be computed, appor-
tioned and paid in full to the date of such termination, and the Tenant
shall immediately deliver up possession of the Premises to the Landlord,
and the Landlord may re-enter and take possession of them.
13. I[dPROPER USE OF PREMISES; BANKRUPTCY
(1) Ba. nkruptc},, etc.
In case without the written consent of the Landlord the Premises shall be
used by any other persons than the Tenant or for any purpose other
than that {or which they were leased, or occupied by any persons whose
occupancy is prohibited by this Lease, or if the Premises shall be vacated
or abandoned, or remain unoccupied for fifteen (15) days or more while
capable of being occupiedl or if the balance of the Term or any of the
goods and chattels of the Tenant shall at any time be seized in execution
or attachment, or if the Tenant shall make any assignment for the benefit
of creditors or any bulk sale, become bankrupt or insolvent or take the
benefit of any statute now or hereafter in force for bankrupt or insolvent
debtors, then in any such case the Landlord may at its option terminate
this Lease by leaving upon the Premises notice in writing of such ter-
mination and thereupon, in addition to the payment by the Tenant of rent
and other payments for which the Tenant is liable under this Lease, rent
for the current month and the next ensuing three (3) months shall imme-
diately become due and paid by the Tenant.
14. MISCELLANEOUS PROVISIONS
(1) Registration of Lease
Neither the Tenant nor the Landlord shall register this Lease or a notice
of this Lease.
(2) Lease Constitutes Entire A~reement
There are no covenants, representations, warranties, agreements or
conditions express or implied, collateral or otherwise forming part of or in
any way affecting or relating to this Lease save as expressly set out in
this Lease; this Lease constitutes the entire agreement between the Land-
lord and the Tenant and may not be modified except as herein explicitly
provided or except by agreement in writing executed by the Landlord and
the Tenant.
(3) Notices
Any notice required or contemplated hy any provision hereof shall be
given in writing, and
(a) if to the Landlord, either delivered to the Town Clerk personally
or mailed by prepaid registered mail addressed to the Town Clerk
at 1710 Kingston Road, Picketing, Ontario L1V 1C7 on or before
September 1, 1989 or One The Esplanade, Picketing, Ontario
L1V 6K7 after September 1, 1989; and
(b) if to the Tenant, either delivered to Theodore A. J. Arnts per-
sonally or mailed by prepaid registered mail addressed to T.
Arnts Loam Supply Limited at Brock Road North, R. R. #1,
Pickering, Ontario L1V 2P8.
Every such notice shall be deemed to have been given when delivered or,
if mailed as aforesaid, upon the day after the day it is mailed. Either
party may from time to time by notice in writing to the other, designate
another address in Canada as the address to which notices are to be
mailed to it.
(4) Interpretation
All of the provisions of this Lease are to be construed as covenants and
agreements as though words importing such covenants and agreements
were used in each separate provision hereof, and the captions appearing
for the provisions of this Lease have been inserted as a matter of conve-
nience and for reference only and in no way define, limit or enlarge the
scope or meaning of this Lease or of any provision hereof.
(5) Extent of Lease Oblii~ations
This Lease and everything herein contained shall enure to the benefit of
and be binding upon the respective heirs, executors, administrators and
other legal representatives, as the case may b~, of each party hereto,
and every reference herein to any party hereto shall include the heirs,
executors, adminietrators, and other legal representatives of such party.
IN WITNESS WHEREOF the parties hereto have executed this ~ndenture.
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
T. ARNTS LOAM SUPPLY LIMITED
President