HomeMy WebLinkAboutBy-law 3168/89 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3168/89
Being a by-law to authorize the acquisition of
Part Lot 20, Concession 3, Picketing, (Parts 1
and 2, Plan 40R-941B) from the Municipality of
Metropolitan Toronto by Lease and conveyance
(Works Centre Expansion)
WHEREAS pursuant to section 193, of the Municipal Act, R.S.O. 1980, chapter 302,
the Council of The Corporation of the Town of Picketing may pass a by-law for
acquiring any land required for the purposes of the Corporation;
NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY
ENACTS AS FOLLOWS:
1. The Town shall acquire from the Municipality of Metropolitan Toronto for
the purposes of a future expansion to the Town's works yard,
(a) that part of Lot 20, Concession 3, Pickering, designated as Part
1, Plan 40R-9418, by a Lease for 99 years at a rent of $2.00 per
year with the subsequent conveyance for the sum of $2.00 upon
the expiry thereof, and
(b) that part of Lot 20, Concession 3, Picketing, designated as Part
2, Plan 40R-9418, for the sum of $23,490.
2. The Mayor and Clerk are hereby authorized to execute all documents
required to effect the acquisitions referred to in section 1, including but
not necessarily limited to a Lease, in the form attached hereto as
Schedule A between the Municipality of Metropolitan Toronto and The
Corporation of the Town of Picketing for the use by the Town of that
part of Lot 20, Concession 3, Picketing, designated as Part 1, Plan
40R-9418 as a municipal works yard.
BY-LAW read a first, second and third time and finally passed this 5th day of June,
1989.
Wayne~ Ar t, jFur s, Mayor
APPROV'£D 'Bru6e Taylor, Cle?k
LEGAL DEF~.
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3168/89
Being a by-law to authorize the acquisition of
Part Lot 20, Concession 3, Pickering, (Parts 1
and 2, Plan 40R-9418) from the Municipality of
Metropolitan Toronto by Lease and conveyance
(Works Centre Expansion)
WHEREAS pursuant to section 193, of the Municipal Act, R.S.O. 1980, chapter 302,
the Council of The Corporation of the Town of Pickering may pass a by-law for
acquiring any land required for the purposes of the Corporation;
NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY
ENACTS AS FOLLOWS:
1. The Town shall acquire from the Municipality of Metropolitan Toronto for
the purposes of a future expansion to the Town's works yard,
(a) that part of Lot 20, Concession 3, Pickering, designated as Part
1, Plan 40R-9418, by a Lease for 99 years at a rent of $2.00 per
year with the subsequent conveyance for the sum of $2.00 upon
the expiry thereof, and
(b) that part of Lot 20, Concession 3, Pickering, designated as Part
2, Plan 40R-9418, for the sum of $23,490.
2. The Mayor and Clerk are hereby authorized to execute all documents
required to effect the acquisitions referred to in section 1, including but
not necessarily limited to a Lease, in the form attached hereto as
Schedule A between the Municipality of Metropolitan Toronto and The
Corporation of the Town of Pickering for the use by the Town of that
part of Lot 20, Concession 3, Pickering, designated as Part 1, Plan
40R-9418 as a municipal works yard.
BY-LAW read a first, second and third time and finally passed this 5th day of June,
1989.
Wayne- Art~urs, Mayor
PICF, EI~I NG
APPROVED ruce Taylor, Cle k
Schedule A
THIS LEASE made as of May 1, 1988.
IN PURSUANCE OF THE Short Forms of Leases Act
BETWEEN:
THE MUNICIPALITY OF METROPOLITAN TORONTO
hereinafter called the "Lessor"
OF THE FIRST PART,
and
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Lessee",
OF THE SECOND PART,
WHEREAS that the Lessor is the owner of the lands described in Schedule "A" hereto
and has agreed to lease the said lands to the Lessee for the purpose of operation by
the Lessee of a municipal works yard.
THEREFORE IN CONSIDERATION OF the mutual covenants herein contained, the
Lessor and Lessee agree as follows:
1. The Lessor leases and demises to the Lessee the lands described in Schedule
"A" hereto for a term of 99 years commencing the 1st day of May, 1988 and
expiring on the 30th day of April 2088, for the purpose of operation by the
Lessee of a municipal works yard.
2. The Lessee shall pay to the Lessor rent in the amount of $2.00 on the 1st day
of each and every year during the term of this lease commencing of the 1st day
of May, 1989.
3. The Lessee covenants with the Lessor,
(a) to pay rent;
(b) to pay all charges (including penalties and interest) for water, electricity
and other utilities supplied to the lands described in Schedule "A",
directly to the supplier thereof in each case;
(c) to pay all taxes assessed against the lands, including local improvements;
(d) not to assign or sublet without leave;
(e) to use reasonable efforts to ensure that no inflammable or explosive
substances are brought onto the lands described in Schedule "A" other
than motor vehicle fuel of the vehicles required on the lands in con-
nection with the Lessee's operation of a works yard and only while con-
tained in normal fuel tanks of such vehicles or in proper storage tanks;
(f) to keep the lands described in Schedule "A" in a clean and well ordered
condition and not to permit any rubbish, refuse, debris or other objec-
tionable material to be stored or to accumulate thereon in such a manner
as to constitute a visually objectionable condition;
(g) to be solely responsible for any paving or repaying of the lands herein
required for the purposes described in clause I hereof and to see to the
carrying out thereof expeditiously in a good and workmanlike manner;
(h) to comply with all Federal, Provincial and municipal laws, By-laws, regu-
lations and rules affecting the lands herein and its use including the
obtaining of all necessary licences and permits, at the Lessee~s expense
and to indemnify the Lessor against all costs and other liability resulting
from the Lessee's failure to so comply;
(i) the Lessee accepts the lands herein in the condition existing at the date
of commencement of the term of this leaseI
that upon failure by the Lessee to comply with any covenants, incumbent
upon it under this lease within seven (7) days after written notice
requiring such compliance is given by the Lessor to the Lessee the Lessor
may enter the demised area and fulfill such covenants at the sole expense
of the Lessee, who shall forthwith upon being invoiced therefor reimburse
the Lessor who in default of such reimbursement may collect same as rent
owning and in arrears;
4. Proviso for re-entry by the Lessor on non-payment of rent or non-performance
of covenants.
$. The Lessee shall at all times indemnify and save harmless the Lessor from and
against any and all manner of claims, demands, losses, costs, charges, actions
and other proceedings whatsoever (including those under or in connection with
the Workers' Compensation Act of Ontario or any successor legislation) made or
brought against, suffered by or imposed on the Lessor or its property in
respect of any loss, damage or injury (including fatal injury) to any person or
property (including without restriction employees, agents and property of the
Lessor or of the Lessee) directly or indirectly arising out of, resulting from or
sustained as a result of the Lessee~s occupation or use of, or any operation in
connection with the lands or which but for such occupation or use would not
have occurred.
6. During the term of this lease the Lessee shall at all times maintain a policy of
liability insurance in the amount of not less than $1,000.000.00 and shall be in
the joint names of the Lessor and Lessee and all premises therefore shall be
paid by the Lessee,
7. The Lessor covenants with the Lessee:
(a) If at any time the Lessor determines it no longer requires the lands this
lease shall be terminated and the lands will thereupon be conveyed to The
Corporation of the Town of Pickering for nominal consideration, closing
costs and registration fees to be paid by The Corporation of the Town of
Picketing.
(b) Upon completion of the 99 year term of this lease the lands will be con-
veyed to The Corporation of the Town of Picketing upon the same terms
and conditions as clause (~(a).
8. The Lessor covenants with the Lessee for quiet enjoyment.
9. The Lessor consents to registration by the Lessee at the Lessee's sole expense
of a Notice of Lease as to the tenancy provided for in this Lease in the appro-
priate Registry Office.
10. All rights and remedies of the Lessor under this lease shall be cumulative and
not alternative.
i1. Any notice pursuant to any of the provisions of this lease shall be deemed to
have been properly given if delivered in person, or mailed by prepaid registra-
tion post addressed:
(i) in the case of notice to the Lessor, to
The Metropolitan Commission of Works,
439 University Avenue,
10th Floor
Toronto, Ontario
MSG 1Y8
(fi) in the case of notice to the Lessee, to
(before October 15, 1989)
The Clerk
The Corporation of the Town of Picketing
1710 Kingston Road
Picketing, Ontario
L1V lC7
(after October 15, 1989)
The Clerk
The Corporation of the Town of Picketing
One The Esplanade
Pickering, Ontario
L1V 6K7
or to such other address as either party may notify the other of and in the
case of mailing as aforesaid, such notice shall be deemed to have been received
by the addressee, in the absence of a major interruption in postal service
affecting the handling/delivery thereof, on the third business day (excluding
Saturdays in the case of the Lessor as addressee) next following the date of
mailing.
iZ. This Lease shall enure to the benefit of and be binding upon the parties hereto
and their respective successors and assigns.
IN WITNESS WHEREOF the parties hereto have hereunto affixed their respective
corporate seals attested to by the hands of their respective proper officers in that
behalf duly authorized.
THE MUNICIPALITY OF METROPOLITAN TORONTO
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
SCHEDULE A
That part of Lot 20, Concession 3, Picketing' designated as Part 1, Plan 40R-9418.
Town of Picketing, Regional Municipality of Durham