HomeMy WebLinkAboutBy-law 3089/89 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3089/89
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 5, Pickering (Former Museum Site,
Brougham; 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 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 5, Picketing, described therein as the former museum site in
Brougham from December 1, 1988 to June 30, 1989.
BY-LAW read a first, second and third time and finally passed this 3rd day of April,
1989.
Wayne Ar~d~rs, Mayor
B~uce Taylor, Cl~rk
OwN OF
PlCKER!NG
APPROVED
LEGAL
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3089~89
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 5, Picketing (Former Museum Site,
Brougham; 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 5, Pickering, described therein as the former museum site in
Brougham from December 1, 1988 to June 30, 1989.
BY-LAW read a first, second and third time and finally passed this 3rd day of April,
1989.
Wayne rt/j~rs, ayor
Bt~uce laylor; C~rk
TOWN OF
PICKER!NO
APPr~O~d~D
LEGAL
DFW II). N~,). 614680-2
COMMERCIAL LEASE - CORPORATE
THiS LEASE made in pursuance of the Sitort Forms of Leases Act
BETWEEN:
HER MAJESTY THE QUEEN IN RIGIIT OF CANADA,
as represented by The Minister of Public Works,
hereinafter referred to as the "Landlord"
OF TIlE FIRST PART
AND
THE CORPORATION OF THE TOWN OF PICKERING,
1710 Kingston Road, Pickering, Ontario, L1V 1C7,
hereinafter referred to as the "Tenant"
OF TIlE SECOND PART
WHEREAS the premises are part of lands expropriated by Ner Majesty for the
purpose of an airport;
AND WtlEREAS it is deemed expedient that the premises be leased for so long
as they are not required for public purposes;
WITNESSE~tl that in consideration of the rents, covenants aitd agreements
hereinafter reserved and contained, the Landlord doth demise and lease unto the
Tenant, all that messuage or tenement being hereinafter referred to as the premises,
situate on, l~in~ in and being part of Lot 19, Concession 5, Town of Pickering,
Regional Municipality of Durham , Province of Ontario, comprising .25 acres
more or less, being more fully described in registered title instrument numbered
145942, and being outlined in red on the key plan attached hereto as
Schedule "A", and including easterly barn building, approximately 25' x 100' in size;
To have and to hold the said premises for the term of ONE (1) YEAR to be
computed from the FIRST (lst) day of DECEMBER 1988 , and to be fully
completed and ended on the THIRTIETH (30th) day of ~ 1989.
Yielding and paying therefor during the said term unto the Landlord, yearly
rent in the sums hereinafter specfied, lnxp~qx~ol~x~me~[sx#X~h2~x~oa~
TWO (2) DOLLARS ($2.00) FOR THE TERM
due and payable in advance ~x~h~eCxx(~x~tm~xe~xenahxa~dx~~
x~0oeo~x~on the First (1~) day of DEC~BER 1988 , wt~~~
~~x~kexE~~x~xxxxxxxxxxxxxt~xxx; at the Department of
Public.Works, Property Management Office, Brougham, Ontario, or at such other
place as ~ha Landlord may in wri~in~ indicate; ~D FURTIIER PAYING AS ADUITIONAL
~NT, the monies and ocher charges, costs and expenses herein provided to be paid
by the Tenant.
THE SAID TENANT accepts the demised premises in their present condition,
AND COVENANTS WITII TIlE 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 maintenance costs and expenses save only as hereinafter
otherwise provided, and to supply proof thereof on demand; and the Tenant further
covenants to empty tile septic tank periodically, at bis 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 liar 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 tear,
and damage by fire, lightning and tempest only, excepted; notwithstaoding the
generality of anything herein contained, the Tenant covenants to repair at
sole expense~any damage to the premises caused by his wilful or negligent couduct
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 ia 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 for
storage of artifacts;
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 occurreuce; mud that the policy
shall name ~er Majesty the Queen in Right of Cal~ada as co-beue£icia~¥; a~d
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 cancellatiou; and
the Tenant covenants that he shall indemnify and save harmless the Landlord from
and against all claims, 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 iujury or dnmage arisiug or
resulting from any act or omission of the Tenant, his servants, licensees, inviteea,
guests, students, contractors or agents in using or occupying the said demised lands
and premises; and the Tenant covenants that he shall well and truly observe ssd
fulfil all lawful provisions end requirements of statutes, regulations, by-laws,
rules and orders relating to the said demised lands and premises;
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 shall at all times keep the said premises
in clean and wholesome condition, and shall, immediately before the termination
of the 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 asstgoee
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 immediately 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 and letting by the Landlord
to the Tenant of the premises hereby demised, tile Tenant hereby covenants and
agrees with the Landlord that notwithstanding any statute or law to the contrary,
none of the goods or chattels of the Tenant on tile 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 tile Tenant, or on distress being made by the Landlord, this covenant
and agreeu~nt may be pleaded as an estoppel against the Tenant in any action
brought to tent the right to the levying upon any such goods as are named as
exempted it~ 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 hut for the above covena~t;
12. THE SAID LANDLORD COVENANTS WITH THE SAID TENANT for quiet enjoymeut, while this
lease is in good standing and not terminated by the Landlord or otherwise by its
terms; provided that tile Landlord shall not be liable to supply water if the
existing supply is or becomes inadequate;
13. THE LANDLORD covenants and agrees to pay real property taxes attributable by
Her to the demised premises;
14. THE TENANT covenants and agrees to and with the Landlord that if there be an
increase in real property taxes attributed by tile Landlord a§ being payable by
the Landlord in respect of the demised premises, the Tenant shall pay such
increase in full upon being notified thereof, with the next due monthly rental
payment and such increase in real property taxes 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 mutatts 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 tile 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 compensate, d 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 tile said 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 destr~ctioa or
partial destruction;
- 4-
19. During the last two months of the tenancy hereby granted, tbs 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, b~ ller agents, servants, contractors
and workmen with requisite vehicles and equipment, to enter on tl~e lands for
the purpose of making surveys, soil tests, laying roads, erecting structures
and removing obstructions, upon 10 days notice to the Tenant; 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
the pre~mtses 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 the right on thirty days notice in writing to the Tenant
to ter~ldnate this lease or to re-enter and take possession of the said premises
and all accrued rent shall 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 forfeiture of the said term for any of the ca,ses
herein set forth, the Landlord shall have the same right of re-entry as is
given under the next preceding proviso;
24. Notwithstanding anything ~terein contained the [~audlord's rl~;ht o[ re-entry
hereunder for non-payment of rent or non-performance of covenants shall become
exercisable inm~ediately upon default being made;
25. If tile Tena~nt remains in occupation of the demised premises after the expiration
of the term hereby granted without a written agreenmnt 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 b~ determined by the Landlord, that is not in excess of
the fair market value of the ~roperty, 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 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;
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 Teuant'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 neuter,
as tile 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;
30. If the Teuant shall at any time fail to pay rent es aforesaid, he shaJ t become
liable to pay interest on all such instalments of rent that he h~s fa~]ed to
pay, calculated at the rate of 10% per aunnm from the time of sucll failure.
Such interest shall be deemed to be pert of the rent reserved iu thLs lease,
amd the remedies available to the Landlord relating to rent herein a~d at law
shall apply mutatis mutandis thereto;
31. The Tenant shall prepay to the Landlord a sum equel to one month's re~]t, which
payment shall be applied in payment of rent for the last month under this lease.
In the event that the rent under this lease is increased, the Tenant shall prepay
to the Landlord at that time a sum equal to the difference between the new and
the old rent so that the amouut of prepaid rent shall at all times be equal to
one month's current rent under this lease.
32. The Tenant covenants that, upon the Tenant abandoning or vacat~ug the premises,
or upou the expiration or other determinatiou of this ]ease ia nay other
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 occasioned to the ].n~lds and premises of the
Landlord by reason of such removal or otherwise caused during the term of the
tenancy. The Tenant hereby agrees that if he fails to effect such removal
forthwith, that the said equipment, vehicles, chattels, livestock, materials,
effects and things shall be deemed abandoned and worthless, a~d that the Landlord
may, in Her absolute and unfettered .discretion immediately dispose of said chattels
and ghings, in any manner She sees fit. The Tenant further agrees to indemuify
the Landlord for all expenses incurred by Her, in effecting such removal, and
in returning the premises to an ordinary state of cleanli[less and good repair.
IN WITNESS WIIEREOF the parties hereto have executed this lease by t],e.ir duly authorized
represeutatives, end the corpornte seal of THE CORPORATION OF q~E TOWN OF PICKERING
has been affixed under the hands of its authorized officers ns of the date [[rst above
written.
THE CORPORATION OF TBE TOWN OF PICKERING
J. ANDERSON (Mayor)
p ~/~ ¢/~,,/ Date~
B. TAYLOR (Clerk) ~
IIER MAJESTY TIlE QUEEN IN RIGIIT OF CANADA
as represented by
TIlE MINISTER OF PUBLIC WORKS
BY: Da te
M. Richardsol~
Project Site Ma.ager
New Toronto Airport Project
Brougham, Ontario
BY: I)ete
M. E. Tomihiro
Manager, Finance & Administratiol~
New Toronto Airport Project
SCHEDULE A _: ---~
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