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HomeMy WebLinkAboutBy-law 3084/89 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO.3084 /89 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, Picketing (Brougham Firehall; 1988-1993). WHEREAS, pursuant to the provisions of section 210.24 of the Municipal Act, R.S.O. 1980, chapter 302, the council of a municipality may pass a by-law for providing firefighting and fire protection services; and WHEREAS, pursuant to the provisions of section 193 of that Act, the council of a municipal corporation may pass a by-law for acquiring land required for its purposes; 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 a Lease between the Corporation of the Town of Pickering and Her Maiesty 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, Picketing, described therein as the Brougham Firehall, from November 1, 1988 to June 30, 1993. BY-LAW read a first, second and third time and finally passed this 3rd day of April, 1989. Wayne Art~)~frs, Mfyor TOWN OF PICKERING APPROVED LEGAL 05 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO.3084 /89 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, Piekering (Brougham Fireball; 1988-1993). WHEREAS, pursuant to the provisions of section 210.24 of the Municipa! Act, R.S.O. 1980~ chapter 302, the council of a municipality may pass a by-law for providing firefighting and fire protection services; and WHEREAS, pursuant to the provisions of section 193 of that Act, the council of a municipal corporation may pass a by-law for acquiring land required for its purposes; 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 Picketing 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, described therein as the Brougham Firehall, from November 1, 1988 to June 30, 1993. BY-LAW read a first, second and third time and finally passed this 3rd day o£ April, 1989. Wayne ArtJ)~frs, Miyor B~fce Taylor, TOWN OF PICKERING APPROVED Schedule A DI'W 1D. NO. 614727-i CO~IERCiAL LEASE - CORI'ORATE TltiS LEASE made in pursuance of the Short Forms of Leases Act BETWEEN: llER MAJESTY THE QUEEN IN RIGttT OF CANADA, as represented by The Minister of Public Works, hereinafter referred to as tile "Landlord" OF THE FIRST PART AND THE CORPORATION OF THE TOWN OF PICKERING, 1710 Kingston Road, Pickering, Ontario, L1V 1C7, hereinafter referred to as tile "Tenant" OF TIlE SECOND PART WREREAS the premises are part of lands expropriated by tier Majesty for tile purpose of an airport; AND WIiEREAS it is deemed expedient that the premises be leased for so loug as they are not required for public purposes; WITNESSETH that in considera~ion of the rents, covenants and agreements hereinafter reserved amd contained, th~ Landlord doth demise and lease unto the Tenant, 811 that messuage or tenement being hereinafter referred to as the premises, situate on, lying in and being part of Lot 19, Concession 6 , Town of Pickering, Regional ~unicipality of Durham , Province of Ontario, comprising .25 acres more or less, being more'fully described in registered title iustrument nu..bered 16670 and being outlined in red on the key plan attached hereto as Schedule "A", and including a ong-storey frmme building without basement and with concrete block addition, save only the south-east interior 440 sq. feet of the said building, together with access thereto from {Hghway ~7; ' To have and to hold the said premises .for the term of 4 YEARS 8 MONTHS to be computed from the FIRST (lst) day of NOVEMBER 19 88 , and to be fully completed and ended on the THIRTIETH (30th) day of JUNE 1993 . Yielding and paying therefor during the said term unto the Landlord, yearly rent in the sum~ hereinafter.epecfied, imxm~M~x~m~Mx#~x~l ONE (1) ~LLAR ($1.~) ~R EACH YEAR OF THE TE~ due and payable in advance ~emmm-~{~ on the First (lst) day of NOVEMBER 19 88 , Xk~x~x-~x~xm~xx~x~a~x~a~xm~xxxxxxxxxxxxxx~ , at the Department of Public Works, Property Management Office, Brougham, Ontario, or at such other place as the Landlord may in writing indicate; AND FURTIIER PAYING AS ADDITIONAL RENT, the monies and other charges, costs and expenses herein provided to be paid by the Tenant. -2- THg SAID TENANT accepts the demised premises in their present condition, AND COVENANTS WITH THE SAID LANDLORD.' 1. To pay rent and business taxes; and to pay all utility charges, including fuel for heating, hydro, water, hot water, sewage disposal and garbage removal, and all other operating and maintenanee costs and expenses save only as hereinafter otherwise provided, and to supply proof thereof on demand; and the Tenant further covenants to empty the septic tank periodically, at his own expense; 2. The Tenant shall repair the premises at his own expense, reasonable wear and tear, and damage by fire, lightning and tempest only excepted; 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 state of repair; 3. The Tenant shall not carry on upon the said premises any business that may be deemed, a nuisance; ~. The Tenant shall leave the premises in good repair, reasonable wear and temr, and damage by fire, lightning and tempest only, excepted; notwtthstmnding the generality of anything herein contained, the Tenant covenants to repair at his sole expense ~ny damage to the premises caused by his wilful or negligent conduct or that of persons permitted by him to be on the premises; 5. The Tenant shall not assign or sublet notwithstanding any statutory enactment to the contrary, without the approval in writing of the Landlord, which approval may be withheld in the Landlord's sole discretion; 6. The Tenant shall not store or keep on the premises explosives or inflammable substances, except liquid fuels for domestic consumption 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 nuisance, and that the Tenant shall use and occupy the said premises as a Firehall; 8. The Tenant shall insure the.premises at his expense for public liability for an amount not less than $1,000,000.00 for each occurre,lce; and that the policy shall name Her Majesty khe Queen in Right of Canada as co-beneficiary; and that he shall 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 the Landlord thirty (30) days prior to the effective date of such change or cancellation; and the Tenant covenants that he shall indemnify and save harmless the Landlord from and against all claim~, demands, losses, costs, damages, actions, suits or other proceedings, by whomsoever made, sustained, brought or prosecuted in any matter, based upon, occasioned by or attributable to any injury or damage arising or resulting from any act or omission of the Tenant, his servants, licensees, invitees, guests, students, contractors or agents in using or occupying the said demised lands and premises; and the Tenan~ covenants that he shall 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 and premises; - 3- 9. The Tenant shall not allow any ashes, refuse, garbage or other loose or objectionable material to accumulate in or about the building, yards, driveways, or passages of the said premises, and she.II mt hi.1 tlmn. keep the maid in clean and wholesonm condition, and shall, Immediately before tho termLnntion of tile term hereby grant.ed, wash the floors, windows and woodwork of the said premises; and that he shall keep the sidewalks and driveways in front and at the sides of the said premises free of snow and ice; 10. If the term hereby granted or the goods and chattels of the Tenant or any assignee or sub-tenant shall be at any time seized or taken in execution or attachment, or if the Tenant or any such assignee or sub-tenant shall make an assignment for the benefit of creditors or shall become bankrupt or insolvent, or make a proposal to its creditors, or without the consent of the Landlord being first obtained in writing, shall make a sale, under the Bulk Sales Act, in respect of goods 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 inunediately become forfeited and void, and an amount equivalent to the next ensuing three months' rent shall be at once due and payable; 11. In consideration of the foregoing and of the leasing mud letting by the Landlord to the Tenant of the premises hereby demised, the Tenant hereby covenants and agrees with the Landlord that notwithstanding any statute or law to the contrary, none of tile goods or chattels of the Tenant on the said premises at any time during the continuance of the term hereof shall be exempt from levy by distress for rent in arrears by the Tenant and that upon any claim being made for such exemption by the Tenant, or ou distress being ~]mde by tile Lnndlord, this covenant and agreement may be pleaded as an estoppel against the Tenant in any actiou brought to test the right to the levying upon any such goods as are named as exempted in any such statute or law, the Tenant waiving, as he hereby does, all and every benefit that could or might have accrued to him under and by virtue of any such 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 shall not be liable to supply water if the existing supply is or becomes inadequate; 13. The Tenant covenants and agrees to pay real property taxes attributable to the demised premises; 14. Provided that this lease may be terminated at any time by the Landlord if the said premises or any part thereof should be required at any time d~ring the currency of this .lease for any purpose, as determined by the Minister of Public Works hy giving to the Tenant sixty days notice in writing signed by or on behalf of the Minister and either delivered to the Tenant on the premises or at any office of the Tenant, or mailed addressed to the last known place of business or office of the Tenant, at any of Her Majesty's Post Offices; 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 a[~d must be made by a qualified contractor who is acceptable to the Landlord, entirely at the Tenant's e~pense 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 by the Tenant in money; and provided the Tenant covenants he shall be responsible for prompt restoration or compensation to the satisfaction of the Landlord; 18. In the event of the destruction or partial destruction of the said premises by fire, lightning, tempest, or otherwise, the Landlord may, in its sole discretion, declare the term hereby 8ranted to be forthwith termi~ated, and in such event rent shall be payable up to the time of such destruction or partial destruction; 19. During the last two months of the tenancy hereby granted, the Tenant shall allow prospective tenants to be admitted to view the said premises at reasonable hours any day except Sunday on producing a written order to that effect signed by the Landlord or his agent; 20. The Landlord shall have the privilege at all reasonable times during the term hereby granted or any extension thereof, by Her agents, servants, contractors and workmen with requisite vehicles and equipment, to enter on the lands for the purpose of making surveys, soil tests, laying roads, erecting structures and removing obstructions, upon 10 days notice to the Tenaut; the parties covenant that such entry for a limited purpose or purposes shall not terminate the lease, nor result in the abatement of rent; provided that if such entry becomes permanent and results in the reduction of the area of the leased premises, an appropriate adjustment of rental shall be negotiated by the Parties; It is hereby understood and agreed that all chattels and Tenant's fixtures on the premises at any time shall be liable to distress for rent in arrears, and that all statutory provisions now or hereafter in force relating to exemptions from distress are hereby waived. In the event of any default by the Tenant in the performance of any of the covenants or agreements herein contained the Landlord shall have th~ right on thirty days notice in writing to the Tenant to terminate this lease or to re-enter and take possession of the said premises and all accrued rent shall immediately become due and payable. 2~. 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 forfeiture of the said term for auy 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. Notwithstanding 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; 25. If the Tenan~ remains in occupation of the demised premises after the expiration of the term hereby granted without a written agreement to the 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, amd ail the terms and conditions hereof, so far aa 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 Works, Property Management Office, Brougham, Ontario, or such other place as the Landlord may in writing indicate, and any notice from the Landlord to the Tenant shall be addressed to the leased premises; 2~,, 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 Land. lord'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 neuter, as the case may be, were expressed; 28. The rights of the Landlord herein may be exercised by any official authorized by the Minister of Public Works; 29. 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 Tenant shall at any time fail to pay rent as aforesaid, lie sbal. L become liable to pay interest on all such instalmeots of rent that he has failed to pay, calculated at tb~ rate of 10% per annum from the time of such fail~re. 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 ~hall apply mutatl8 mutandi~ thereto; 31. Tbe Tenant 8hall prepay to tile Landlord a sum e(lunl to one month's rent, which paynmnt shall be applied in payment of rent for the Jnst month under this lease. In the event that the rent under this lease is increased, the Tenant shall prepay to the Landlord at that ti~ a sum equal to the difference between the new and the old rent so that the amount of prepaid rent sha]] at ail times be equal to one month's current rent under this iea~e. 32. The Tenant covenants that, upon the Tenant abandoning or vacatiug the premises, or upon the expiration or other determination o[ this Jease In nny other maoner, the Tenant shall forthwith remove from the premises, all equipment, vehicles, chattels, livestock, materials, effects and things, at any time brought or placed thereon by the Tenant, and shall also to the satisfaction of the Landlord, repair all and every damage and injury occasiooed to the lands nnd promises of the Landlord by reason of such re~val or otherwise caused during the term of the tenancy. The Tenant hereby agrees that if he fails to effect such ren~val forthwith, that the said equipment, vehicles, chattels, livestock, materials, effects and things shall be deemed abandoned and worthless, and that the Landlord may, in ller absolute and unfettered .discretion iumledLately dispose of said chattels and things, in any manner She sees fit. The Tenant f~rther agrees to indemnify the Landlord for all expenses incurred by lief, in effectLng such removal, and in returning the premises to an ordinary state of cleanliness and good repair. IN WITNESS WIIEREOF the parties hereto have executed this leose by their duly authorized represeutatives, end the corporete seal of THE CORPORATION OF THE TOWN OF PICKERING bas been affixed under the hands of its authorized ol'£Jcers as uf the date lLrst shove written. pe~ Date J. ANDERSON, Mayor per Date B. TAYLOR, Clerk IIER HAJESTY TIlE QUEEN 1N RIGIIT OF CANADA as represe~lted by TIlE MINISTER OF PUBLIC WORKS BY: Da Ce M. Richardson Project Site Manager New 'l'oru.to Airport I'roject Brougham, Ontario BY: Date M. E. Tomihiro Manager, Finance & A(Imln~stration New Toronto Airport Project St C 0 ~V C £' .,e $ !