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HomeMy WebLinkAboutOES 02/00� d. . . . . . . . , �,r OR r� � REPORT TO COUNCIL FROM: Everott Buntsma DATE; February 8, 2000 Director, Operations & Emergency Services REPORT NUMBER: OES 02-00 SUB1ECf: O.J. Muller Landscape Contractor Ltd. - Lease Ageement - File: CO1000 RECOMMENDATION: A by-Iaw should be enacted to authorize the execution of a lease agreement with O.J. Muller to lease those lands consisting of a stone house and 6.074 acres, to use and occupy the property or the premises to cultivate the land for cash and to store market nursery stock. The properry and premises are locuted on Brock Road North, Pickcring, and compromising thosa parts of Lot 19, Concession 3, Pickering, designated as Parts 2 and 3, Plan 40R-7012. ORIGIN: Property formerly owncd byVcridian Connection (formerly knox+n as plckering Hydro-Electric Commission) ALITHORITY: Muntcipal Acr, R.S.O. 1990, chapter M.45, subsection 191(I) FINANCIAL IMPLICATIONS: Rent for 2000 $1,200/month x 12 = Rent for 2001 $1,200/month x l2 = Rent for 2002 $1,200/month x 12 = Plus G.S.T. Business taxes $14,400 514,400 $14.400 $43,200 (to be detennined) 075 EXECUTIVL� SUMMARY: ' Notepplicable ._i;, - : ��n _ �' �� � � :._. , . .. � , _ , .. , . . _ ,. . .. . .;. - ,, ;. _.. . .. • •-i . •�� . . . . . , � . ;� � �' O�rs Repod to Council OES 02•00 Date: February 6, 2000 ` Subject:O.I.Mullerl.endacepeContracWrLW. Page 2 Lease Agreement BACKGROUND: The subject property was deeded to lhe Ciry as part of en agamrnt with Veridian Connection (formerly known as Pickering fiydro Elxtric Commission) in November 1999. The property is presently used as a nursery for a lendscape business and the home on ihe property is used for residendal purposes. Much of the propecty is natural woodlot ancillary to the residential and nursery use. The lease is generally similar to other leases of land in the vicinity owned by the City of Pickering. Some new clauses have been included by our Legal Services Division to cover the residential use of the existing home. The term of lease is 3 years, which will result in this lease tertninating on the same date as other leases of land in the immediate vicinity owned by the City. The rent being recommended is similar to what the tenant was paying in 1999. My incrcase will requiro further notification to the tenant. The Department of Operations & Emergency Scrvices recommends approval of the lease agreement ns it is presented. Lund values are similaz to other City owned properties in the nrea (approximately $6,000/acre). ATTACHMENTS: 1. By-Law 2. Location Map 3. Leaze Agreement , �/����i- ������/�,�'I L. �. � � � •, EB:mld Attachments Copy: Chief Administrative Officer City Solicitor Reviewed: ; I/ Jan on City+ iSolicitor �l Recommendai for the consideration of Pickering City Council ..�ir �, . i . . .r l �,�i<d 'Ct�a�ias J. —, Ct ef Ad� ' tive O icet t � ,ti v ,.•., . ,. . .Jh� �., t f. . .. . s e.. . . . . _ .. ' . .. F ,{:-. : . ... _ .. � . � _. .... , . . S ���� . .. ko"-� _.. _ . , . . , . . . ., . . ATTACFNNI�ITN�TO REPORTAt �; THB COW'ORATION OF THE CITY OF PICKERING , o"r7 HY-LAW NO. Being a by-law to authoriu the exxution of a Leasa Agrament bstwan Tho CocporaUon of the City of Pickering and O.J. Muller I.andscape Contractor Ltd. for the leasing of Ihose lands consiating of a atone house and 6.074 acres located on Brock Road Nonh, Pickering, and wmpromising those pacts of Lot 19, Concession 3, Pickecing, designated es Parts 2 and 3, Plan 40R-7012. WHEREAS pursuant to the provisions of subseclion 191 (1) Munlclpa/Act, R.S.O. 1990, chapter M.45, the Council of The Corporation of lhe City of Pickering muy by by-law lease premises owned by the Cotporadon; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. Thc Muyor and clerk are heceby authorizcd to execute a Leasc Agreement in lhe form acceptable to thc City Solicitor for a lhrcc (3) yeaz tecm ending December 31, 2002, between the Corporation of the City of Pickering und O.J. Muller Lw�dscape Contractor Ltd. BY-LAW read a fi�st, second and third time and finally passed lhia ZBth day of Febcuary, 2000. Wayne Arthura, Mayor _ Bruco Taylor, Clerlc i F F � t ty i � 1 H' t. p� _ 'f . l� � � ' � � �a i t � "t " { S` : ) , �T.y {. 1 .. �' i . j ' t �. .�� } , . i.+ . : ,., , � t_ ....� ... . ,_ r . '`?�,� �.����. ,�-". ,.. , �. , i .. . .. g _ . . .i... � . . . .. . L ��' �7$ '' —_ _ ' '/� — — ' ''/ _ 'Pa�o c� A � �p.R• ;� ��� / ��� �, � i '�O ��� �� NTTAp1MENT M�TO 11NOIlT N� gJ-46 , � optPa`o �' �O �{Q �i Gty of Pldcerinp Pianning and Developmant DepartrneM � o�,e r�e �a ,a . ;�1 -�� �. ���. .��, :.�� � � '. . , � • �. � � �` . , r ` ,. , �, . � ..,, ;� f ' ATTACHMENT#.�,TOREPORTN4�O��1t7 ;' � TEi1S LEASE mada purauant to the provieiona of subextion 191(I) uf lhe Mun(c(pal �c1, R.SA. I990, chapta M.45, es of the 1" day of January 2000. 0 r, 9 BETWEEN: THE CORPORATION OF THE CITY OF PICKERING herein called the "Landlord" - and - O.J. MULLER LANDSCAPE CONTRACTOR LTD. herein called the "TenanC' OF THE FIRST PART, OF THE SECOND PART. In consideration of the rents, covenants and agreements herein contained the Landlord and the Tenant agree as follows: 1. LEASE AND TERM The Landlord hereby leases to the Tenant tliose lands consisting of n stone house and 6.074 acres located on Brock Road North, Pickering, and comprising those parts of Lot 19, Concession 3, Pickering, designated as Parts 2 und 3, Plan 40R-7012 (hcrein culled the "Premises"), for a term (herein called ihe "Tertn") commencing on tha I" day of January 2000 and expiring on the 31" day of December 2002 unless the Term is eazlier tertninated. 2. RENT (1) The aznount of the rent payable by the Tenant to the Landlord monthly and every month during the Tecm is 51,284.00 (51,200.00 plus G.S.T. of 584.00) payable in monthly instaliments, plus any applicable taxes. (2) Place and Manner of Pavment Each payment of rent shall be paid by ihe 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 18(3) or at such other place as the Landlord shalt from time ro time designate, and the Landlord may require the Tenant to provide post-dated cheques for this pucpose. 3. GENERAL COVENANTS (1) The Landlord covenanta with lhe Tenant: (e) for quiet enjoyment; and (b) to obaerve and perfortn all covenents and obiigadons of the Landlord herein. (2) The Tenant covrnents with the Landlord: (a) to pay rent; and �,, (b) to observe and perfortn eli covenanU and obligations of lho Tenant heroin. ' .i,� t -� w x � t ` r�45 t �j�.�,� < 1 .' el� i i'�Z�..,p ,—`! .�e..� .._ , , �- - -. _ ... .. . . . .F . _. . ., . .� _ _ _ 3 N' �. v..;, i,w.� .�:.: x F i�.-�' -�� _'. _ " .t}b.£I..LXl4 � ne.�ffi_ �: ,;O�O . � .. , ' . , . .. . . . . � � � . . . 4. USE AND OCC[TPANCY OF PREMISPS Thc Tenent covenants with the Landlord: (a) Conduct of Busineas To use and occupy the property or the Premises during the Term, to cultivate ihe land for cash crops and to store and market nursery stcek, which wuuld include natural stone, packaged peat moss and other releted landscape materials. The outdoor storage arca for these materiala are W be in a location that would not be visible hom the road. The Tenant covennnts to not use thc property or Promises for any use that is in contravention of any ordinance or law; (b) Hours of Ooeration and Illumination To carry on the business only between the hours of 5:30 a.m. and 12:00 midnight, loca! time, and not to illuminate any sign or any part of the Premises not wntained within a building or structure, except for security purposes, between 12:01 a.m. and 5:30 n.m., local time; (c) Business Name To carry on business on the Premises wder the name and style of O.J. Muller Landscape Contractor and under no other neme or style unless approved in writing by the Landlord; (d) Apoearancc, etc. of Premises To maintain nnd operata the Premises so that they shnll nlwnys be of good appearance and suitable for the proper operation of tha business required to bc cartic�l on therein und compazable with the standards of the bcst such business, nnd in so doing, to keep the Premises orderly, tidy, clean and clear of nil refuse; and (c) By.Laws To comply at its own expenu with alI municipal, Cederal and provinciai sanitnry, fire and safety Inws, regulations and requirements pertaining to the occupation and use of the Premises, the conJitions of the Leasehold Improvements, trade fixtures, fumiture and equipment installed by or on behaif of the Tenant therein and tha making by the Tenant of nny repairs, changes or improvements therein. 5. TAXES (I) P�ent by Tenant The Tenant covenents with the Landlord to pay promptly when due to thc taxing authariry or authorities having jurisdiction, all taxes, rates, duties, levies and assessments whatsoever, whether municipal, pazliamentary or otherwise, levied, imposed or assessed in respect of the Pamises and eny and every business cerried on in the Promises by the Tenant, or in rcspect of the use or cecupancy thereof (including licence fees and including, without limitation, any G.S.T. end realty taxes which may be applicable). 6. IITII,ITIES The Tenant covenants with the Landlord that the Tenant wiit pay all gaa, oil, water; hydro, sewa and electric light charges in connection with the Premises, i 4Y .��'� ; i .�' f t t . t , x >.r �� ri Z 3 y,�' , � � �S:s....�.+ x,. _..... . . , ..r. ,,. - . .�,� h�...._..a�. ..sA:�. r.,. .- ,. . . .,k. , ,.: P, , � _ . . ,. . ... � . ..�:. _ , , ., _ _ � � .�..,- _ _, .. , _ :u X 081 7. LICENCES. ASSIGNMENT AND SUHLETTQJG (l) Licences The Tenant ehall not pem►it any paR of the Premises to be used or occupied by any persons other than the Tenant end the employeea of ihe Tenant, or pertnit any pnrt of the Premius W be used or cecupied by any licensee or concessionairo, or pertnit any persons to be upon the Premises otha than the Tenant, its employees, customecs and othera having lawful business with it. (2) AssiAnment and SublettinR The Tenant shall not assign this Lease or sublet all or any pnrt of the Premises. 8. SIGNS (a) The Tenanl shall be permitted to maintain an identification sign at or neaz 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 othenvise approve in writing. (b) Such 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. (c) The Tennnt shall not paint, display, inscribe, place or affix any sign, symbol, notice, lettering or displey of any kind anywhere outside the Premiscs or within the Premises so as to be visible from the outside of the Prcmises with the exception of lawful signs erected on the TenanPs lands adjacent to the Premises, except with the prior written consent of lhe Landlord. (d) Should the Landlord nt any time objcet to nny sign, symbol, notice, lettering or display either affixed to or visibte from the outside of the Premiscs, the Tenant shall remove the same forthwith upon request. 9. ABANDONED PROPERTY The Landlord may sell, retain for the Landlord's own use or othenvise dispose of the property of the Tenant IeR in the Prcmises if the Tenant has vacated the Premises. 10. DEATH OF A TENANT If the Tenant dies and there are no other tenants of the Premises, the tenancy shall be deemed to be tertninated 30 days after the death of the Tenant. I 1. [.EASEHOLD IMPROVEMENTS AND TRADE FIXTURES (1) Definition of L.easehold Improvements For pu�poses of this Lease, the Term "Leasehold improvements" inctudes without limitation all fixtures, improvements, installations, alterntions and additions from timc to timc madc, erocted or inatelled by or on behalf of tho Tenant in or on the Prcmises, and whether or not moveable, with the exception of trade fixtures, fumiture and equipment not of thc nature of fixtures. (2) inataliation of Improvements and Fixturee ' The Tenent ehall not meke, erect, inelell or alter eny I.wehold Impmvanenta or hade fixtuees, `including 8ghting, in oron the Premieee �without having Q�t obGtined the Londlordh writtat .:� approval. Tha TenanCe requeet for any approval hereunder eh�ll be in wriW►g end �ocompwied �k� 3 t +� � , , �; '��A�.°.r..i}t�, _., i ._ i �:: . . ,._ , �...,., .. . ... .., t _ ,.,. �. . .. .. ._. ., . - '•` ' 082 by an edequate deacription of ihe contemplat� work end, where appropriate, working drawings end spocifications thereof. All work to be perCortnaf on the Premises shall be perfortned by competent contractors end subcontractors of whom the Landlurd shall have approved, such approval not to be unreasonably withheld. All auch work shall be subjcet to inapection by and the reasoneble supervision of the Landlord, and shall be perfortned in accordance with any reasonablo conditions or regulations imposed by the Landlord and wmpleted in a good and worlananlike manner in accordance with the description of work epproved by the Landlord. (3) Liens and Encumbrances on Imorovements and Fixtures In connection with the making, erection, instnllation or alteration of Leasehold Improvements and trade fixtures and all other work or installations made by or for the Tenant in or on the Premises, the Tenant shail comply with all the provisions of the Construction Lien Act, and other statutes from time to tima applicnble theretu, 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 alt accounts relating thereto. The Tenant shall not create any mortgage, conditional sale agreement or othe� 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 olher 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 therefore shall arise or be filed or any such mortgage, conditional sale agreemenl or other encumbrancc shall attach, the Tenant shall within twenry (20) days aftcr reccipt of notice thercof procure the discharge thercof, including any certificate of nction registered in respect of any lien, by payment or giving security or in such other munner as may bc required or permitted by law, und failing which the Landlord may in addition to all othcr remcdies hercundcr avail itself of its rcmedy under section 12 hereof and may mnkc any paymcnts requircd to procurc the disch�rge of any such liens or encumbrances, shall bc entitled to be reimbursed by the Tenant us provided in scction 12, and its right to reimbursement shall not be aftected or impaircd if the Tcnant shall thcn or subsequently esWblish or claim that any lien or encumbrance so discharged was without merit or excessive or subject to any abatement, set-off or defence. This subscction shall not prevent the Tenant &om mortgaging or encumbering its chattels, fumiture or cquipment not of the nature of fixtures. (4) Removal of Improvements and Fixtures (a) AII Lcasehold Improvcments, trade fixtures, fumih�re and equipment shall be removed by the Tenant from the Premises either during or at the expiration or sooner tertnination of the Tertn. Such romoval shall be at the expense of the Tenant. (b) 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 Promises by the installation and removal of all Leasehold Improvements, trade fixtures, fumiture and equipment. 12. INSURANCE AND LIAHILITY (1) Tenant'sInsurance The Tenant shall takc out and keep in force during thc Term: (a) comprchensive insurance of the type commonly called general public liability, which shall includa covewge for personal liability, contractual liability, tenants' legal liability, non-owned automobile liability, bodily injury, death and property damage, a11 on an occuaenca basie with rcapect to the business cartied on in or from the Pcemises and the Tenent's use and occupancy of the Premisu, with coverage for any one occwrence or claim of not lesa than Five Million Dallars (55,000,000), or such other amount as the Landlord may reasonably roquiro upon not less than six montha notice at any time during thc Te►m, which ineurance ehall includo the Landlord as a nuned insurcd and shall protect the Landlord in rcapect of claime by the Tenant aa if the Landlotd wero separately ineured;aed ' � ;�t � ,, : �` � x. ��. — — — . , , . 083 (b) inauranco againet euch other perila and in such amounta ei the Landlord may from time w timo reasonably require upon not less then 90 days written notice, such requircmrnt W be made on the baeia that the required insu+ance ia customery at the time for prudrnt trnanta . of similaz properties. All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no r�asonable objxtion. Each policy shall contain a waiver by the insurer of any rights of subrogation or indemnity or any other claim ova to which the insurer might othenvise be entitled against lhe 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 aRer not less than thirty days written nolice to the Landlord of the intended change, lapse or cancellation. The Tenant shall fumish to the Landlord, if and whenever requested by it, ceRificates or other evidences acceptable to the Landlord as to the insurance from time to time effected by the Tenant and its rcnewal or cantinuation in force, together with evidence as to the method of detertnination of full replacement cost of the Tenant's Leasehold Improvements, trade fixtures, fumiture and equipment, and if the Landlord reasonably concludes that the full replacement cost has been underestimated, the Tenant shall forthwith artange for any consequent increase in coverage requircd hercunder. If tha Tenant shall fail to take out, renew and keep in force such insurance, or if the evidences submitted to the Landlord pursuant to the preceding sentence :ve unacceptxble to the Landlord or no such evidences nre submitted within a reasonable period aRer request thercforc by the Landlord, then the Landlord may give to the Tenant written notice rcquiring compliance with this section nnd 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 thc l.andlord may reasonably require having regard to the urgency ofthe situation, provide appropriate evidencc of compliance with this section, the Lnndlord 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 prejudicc to any other rights of the Landlord under this Lcasc or othcnvise, and the Tenant shall pay all premiums and other expenses incuaed by the Lnndlord in thnt connection as additional rent pursuant to section 12 hereof. (2) Limitation of Landlord's Liabilitv 'fhe Landlord shall not be liable for any bodily injury or death of, or loss or damage to any property bclonging to thc Tenant or its employees, invitees or liccnsees or any other person in, or about the Premiscs. (3) Indemnitv of Landlord The Tenant shall indemnify and save harmless thc 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 by or any act or omission of the Tenant or any agent, employee, contractor, invitee or licrnsee of the Tenant, and in respect of all costs, expenses and liabilities incurted by thc Landlord in connection with or azising out of all such claims, including the exprnses of any action or proceeding pertaining thercto; (b) any loss, cost, expense or damege suffered or incumd by the Landlord arising from any breach by thc Tenant of any of its covrnants and obligations under this Lease; und (c) all costs, expenses and rcasonable legel fees thot mny be incurred or paid by the Landlord in enforsing against the Tenant the covenents, agreements and reprcscntutions of the Trnant set out in this Lease. 13. RULES AND REGiJLATIONS The Tenant f�riher covenante with the following: (a) To rotum all keye for ihe Premiue prior to the tamination of thte I.ease; :� S :� r �t.. �+, . . .._ .. _ � ` _ . � ,.`� . .. .,.. . .. ,::"; ' '• 084 (b) To provido to the Landlord with particulars of all automobiles (which term includes passenga vans and light Wcks) to be parked on the Premises and to comply with all by-laws related Uureto; (c) The water closats and other water apperatua shall nat be used for any purpuse other thrn those fur which they were constructed and no sweepinga, gazbage, rubbiah, rage, ashes or other substances shall be thrown therein. Any demage resulting to them from misuse or from unusual or unreasonable use shall be bome by the Tenant who or whose family, guests, visitors, servants, clerks or ugents shall cause it; (d) All awnings or shades over and outside of the windows desired by Tenants shall be erected at their own expense: they must be of such shade, colour, material and make as may be prescribed by the Landlord and shall be put up under the direction of the Landlord or his agents; (e) The Tenant must observe strict care not to allow their windows to rcmain open so as to admit rain or snow. For any injury caused to the property of the Lundlord by such carelessness the Tenant neglecting this rule will be held responsibte; (� No additional locks shatl be placed upon any door of the Premises, without the written consent of tlie Landlord which shall be endorsed hereon; (g) No Tenant shall do, or pecmit anything to be done in said Premises or bring or keep anything therein which will in any way increase the risk of firc or the rate of fire insurance on the Premises, or on property kept therein, or conflict with any of the rules and ordinances of the Boazd of Health or with any statute or municipal by-Iaw; (h) Nothing shall be placcd on thc outside of window sills or projections; (i) 'Che wuter shall not be IeR running unless in actual use in thc leased Premises; spikes, hooks, screws or nails shall not bc put into the wnlls or woodwork of the building; (j) If the Tenant desires telegraphic or tclephone c�mnections, the Landlord or his agents will direct the electricinns as to where and how thc wircs are to bc introduccd and without such direction no boring or cutting for wircs will be pertnitted. If thc Tcnant desires to install, add to or alter, gas or elcctric light fittings, for lighting the Premises the Tenant must urrange with the Landlord for the necessary connections and no gas pipc or elcctric wires wiU bc pertnitted which has not been authorized in writing by the Landlord or his agents; (k) No auction salc shall be held in the Prcmises without consent in writing of the Landlord; (I) Tfo stores of coal or any combustible or ofCensivc goods, provisions or materiuls shall be kept upon the Prcmiscs; (m) That no ussent or consent to changes in or waivcr of any part of this agrecment in spirit or letter shall be Jeemed ar taken as made, unlcss thc same be done in writing and attached to or endorsed hereon by the Landlord or his agents; (n) Hardwood itoors must be kept clean, waxed and polished at the expense of the Tenant; (o) No heavy fumiture shall be moved over (loors of flat, halls, landings or stairs, so as to mazk same; (p) Rugs must be so Inid to cover all Iloors so as to suppress any noise that might disturb other tenants; (q) The Tenant will be held responsible for nny damage to the Prcmises caused by moving fumiturc in or out of said Premises; and (r) The Pretnises be left clean and in good condition at expiration of Tertn. The Landlord shall have the right to make such other and further reasonable rules and regulations as in his judgment may from time to time be needful for the safety, care and cleanliness of thc Premises and for preservntion of good order therein and the same shall be kept and observed by tenants, thcir families, visitors, guests, clerks, servants and agents. 14. ACCESS OF LANDLORD (1) Inspection and Access The Landlord ehall be prnnitted at eny time and from timc to time to enter anJ to have its authorized agents, employas end contractora enter the Premises for the purposcs of ir►spoction, maiMensnco or making repaira, and tho Trnent shell provide frec and uiihampertd access for thc . purpose, and ahall not bo entitlal to compensetion for any inconvenience, nuisance or discomfon cauaed thereby, but tha Landlord in exercising its rights herewtder ahall proceed ro`the extent reaaonably posaible eo a+ to minimiu intederence with tho TenanPa uso and ei�joyment of the Pretnieee, ' -�---' 6 � . ,. _ a` , ,4L�t t . . . . . � .-__ , 085 _ ;t ,, . (2) ExhibiGnR Premises -,. „ Tho Landlord and its aulhorized agrnts and employeea shall be permitted rntry w the Premises during the lest six (6) montha of tho Trnn for the purpose of exhibiting lhem to prospective tensnts. 15. DELAY AND NON-WANER - Q) UnavoidableDelay Except as hercin otherwise oxpressly provided, if and whenever end to the extent that either the Landlord or the Tenant shall be prevented, delayed or testricted in the fulfiilment of any obligation hereunder in mspect 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: (a) strikes or work stoppages; (b) inability to obtain any material, service, utility or labour required to fulfill such obligation; (c) any statute, law or regulation of, or inability to obtain uny pertnission from, any govemment authority having lawful jurisdiction preventing, delaying or restricting such fulfillmrnt; or (d) other avuidable occurrrnce, the time for fulfillmrnt of such obligation shall be extended during the period in which such circumstance operates to prevent, delay or restrict the fulfillment ttiereof, and the other party shall not be entitled to compensation for any inconvenience, nuisance or discomfort thereby occasioncd. (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 sur,h obligation in respect of any continuing or subsequent default, breach or non-observance, and no such waiver shall be implied but shal( only be effective if cxpressed in writing. 16. REMFDIES 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 nrising either under this or any other provision of this Lease or wder stutute or the general law tha Landlord: (a) shap have the right at nll times to remedy or attempt to rcmedy any deCault of the Tenant, and in so doing may make any payments due or alleged to be due by the Tenant to third parties and mny enter upon the Premises to do any work or other things thcroin, and in such event all expenses of the Landlord in remedying or adempting to remedy such default ehall be payable by the Tenant to the Lendlord as additional rcnt fo�ihwith upon demand. (b) shalt have the same rightn and remedies in thc event of any non-payment by the Tanant of any amounta payeble by tho Tenant under any provision of this Leasc as in thc caze of a r,on-peymrnt of rent; and � ;(c) if tho Tenant shall fail to pay uny rent or other emount from time ro time payable by it to ;�1 ; thb Lendlord hereunder prompUy-whm due, ehall bc entitled, if it shall dea�u�d it, to � �. intereet thereon at a rate uf three pec cent (3%) per annum in excess of the minimam �R'' , ; �T tS+f�+ '� F� _ (;Wt� a � -. ' . _3kr ., ,.a: a ....f ..,. .i ,�. ... . , . ..t .. ..e _ . . . „ dr'�.� . ... z.... . , ... . . y. :.-ir .. � .. . � ( ��'. O V � � . . �. . . . . lending rate to prime commercial borrowers from time to time curtent at the City'a bank from tha date upon which the same was dne untii [ ectual payment thereof. (2) - Remedies Cumuletivo 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 1'enant, through improper compliance or non- complinnce with any obligation arisin� either undtt any provision of this Lease or under stawte or the general law, all of which rights and romedies arc intended to be cumulative and not , altomative, and the express provisions hereunder as to ce�tain rights and remedies are not w be intcrpreted as excluding any othcr or additional righls and romedics available to the Gv�dlord by _ atatute or the general law. (3) Ri ht of Re-EnW on Default or Termination If a�id whenever the rent hereby reserved or other monies payable by thc Tenant or any part thereof shall not be paid on the day appointed for payment thereof, whether lawfuily demanded or not, end the Tenant shall have failed to pay such rent or other monies witliin five (5) business days uRer the Landlord shall have given to the Tenant notice requiring such payment, or if Uie Tenant shall breach or fail to observe and perfortn any of the covenants, agleements, provisos, conditions and other obligations on the part of the Tenant to be kept, obscrved or pedormed hereunder, or if tl�is Lease shall hnve become tertninated pursuant to any provision herwf, or if the I,andlord shall have become entitled to tertninata this Lease and shall have given nutice terminating it pursuant to any provision hereof, then nnd in every such cnse it shall be lawful for the Landlord thereafter to enter into and upon thc Premises or any part thereof in the name of the whole and the same to have agnin, reposscss and enjoy as af its fortner estate, anything in this Lease contnined to the contrary notwithstanding. (4) Tcmnination and Re-Entrv If and whenever the Landlord becomes cntiticd to rc-entcr upon thc Premises undcr any provision of this Lcuse the Landiord, in uddition to all other right� and remedies, siiall have the right to terminnte this Leaze iorthwitl� by leaving upon thc Premises notice in writing of such tecmination. (5) Payment of Rent, etc. on Termination Upon thc giving by the Landlord oC a notice in writing terminuting this Leaze, whether pursuant to this or any other provision of this LG�se, this Lease and Uie Term shall tertninate, rent and any other payments for which tha Tenant is liable under this Leose shall be computed, apportioned and paid in full to the dete of such termination, nnd the Tenant shall immediately deliver up possessian of the Premises to the Landlord, and the Landlord may re-enter and take possession of them. 17. [MPROPER USE OF PREM[SES: BAMQ2UPTCY (1) Bankrunlcy, etc. In case without the written consent of the Landlord the Premises shall be used by any other persons than the Tenant or for eny purpose other than that for which they wcre Icased, or occupied by any persons whose occupancy is prohibital by this Lease, or if the Prcmises shell be vacated or abandoned, or remain unoccupied for fiReen (l5) days or moro while capablc of being occupied; or if tho balance of the Term or any of the goods end chattels of the'frnant shall at any time be seized in exxution or attachment, or if the Tenant shall mekc any assignment for thc brnefit of creditora or any bulk eale, become banlwpt or insolvent or lalce the benefit of any statute now or hereaRer in force for bankrupt or insolvent debton, then in any such casc the Landlord mey at ite option tertninate this Leasc by leaving upon the Proinises noticc in writing of auch termination end thereu�on, in addition to the payment by the Tenant of ront and otha paymenU for.which the Trnont ie liable under this I,eaae, rent for the current month and the nact eneuing three (3) monthe etull immediately become due and paid by the Tenant. u ��, ,, . 8 r 4 � '.� -: . - ' . � . �:��' ' . . - � -,�.' ' � ' � £. .�42'P �..3...�,... ., a. �.,�. ... _. . .,:�.n .. �. l.� � .. .. . . . . ..... .. .. .. . , ,:�e-' 'S.t?' - . � . . . - .. . � ' . � . 087 ., � ; 18. ` M[SCELLANEOUS PROVISIONS • (1) Re�ietration of Lease Neither the Tenant nor the Landlord ahali rogister thia Lease or a notice of this Lease. (2) Lease Constitutes Entiro Aareement There are no covenants, reprcsrntations, warranties, agreements or conditions exprcss or implied, wllateral or othcrnise forming part of or in eny way affxting or relating to this Leasc save as oxpressly set out in this Lease; .his Lease wnstitutes the entiro agreement betwan the Landlord and the Tenant and may not be modified e:ccept as herein explicitly provided or except by agmmrnt in writing executed by the I.andlord and the Te�ant. (3) Notices My notice required or contemplates by any provision hereof shall be given in writing, and (a) if to the Landlord, either delivered to the City Clerk personaUy or mailed by prepaid rogistercd mail addresscd to the City Clerk at Pickering Civic Complex, One The Esplanade, Pickering, Ontario LIV 6K7; and (b) if to the Tenant, either dclivered to O.l. Muller Lpndscape (;ontractor personaily or mailed by prcpaid registered mnil addresscd to O.J. Muller Landscape Contractor at Brock Road North, Pickering, Ontario. Evcry such notice shall bc damed to have been given when delivered or, if mailed as aforesaid, upon the day after the day it is mailcd. Either party may from time to timc by notice in writing to the other, designate another addrcss in Canada as the address to which notices are to be mailed to it. (4) Interpretation All of Ihc provisions of this Leaze arc to be construcd as covenants and agreements as though words importing such covrnants and agreements were used in cach separate provision hereof, and the captions appcaring for the provisions of this Lease have been inserted as a matter of convenience and for referencc only and in no way define, limit or enlarge the scopc or meaning of this Lease or of any provision hereof. (S) F.xtrnt of Lease ObliRations This Lease and e. ything hcrein contained shall rnuro to the benefit of and be binding upon the respective heirs, exa�utors, administrators and other legal rcprosentatives, as the case may be, of each party hereto, and every reference herein to any party hereto shaU include the heirs, executors, administrators, and other le�al representatives of such party. 19. RIGHT OF FIRST REFUSAL Thc Tenant herein acknowledges that, notwithatanding any olher provisions of the Lease Agmmrnt for the Premises, there is no right of 6rst rofusal in favour of the Trnant with respect to the Premisa herein and lhe Tenant roleases any claims against the Lendlord in respect ther�f. 20. SEVERABILITY Should eny provision or provieions of thie Leaao bo illegel or not enforccable, it or they ahtll bc coneidaed eeparate and eaverable from the Leaee and ita rcmaining provieions etull ran�in in force and , be binding upon the partiea hueto aa though the taid prov3eion or pmviewne hW never ban iactuded. . ,. , r , . : �__ . . , . � a ; ii p � ' � Sy �PST.n ... . , . . . , . ; �. . ........ , ,. ,._ . .. .. . r�� r . _ _ e+.,. � _. ,. . ... ... . � . . ... . . . , . .. Fi�{a�� 1 s� .:4t . iYi. t T�t }k ,:,� • ' t164 - t: • . _ , _ . IN WC[7VESS WHEREOF the Puties hercto have heceunto �xed their re�pective Corporate Sab uteated w by the hands of their authorized ofTicue. SIGNED, SEALED AND DELNERED THE CORPORATION OF THE CITY OF PICKERING Wayne Arthurs, Mayor Bcuce Teylor, Clerk O.J. MULLER LANDSCAPE CONTRACTOR LTD. O.J. Muller, Prcsidrnt lewde000�n�u�nrnr. , i r �' �,'�-�� - � - .,;�-� �+. � . �� i � # � � � � � � Y : 4 >. - � . t J fi s a . �l�s� -2 r r � l � a �� �. � � -.. s'+ �5 r S � � � at` F f � �, �t � -i � .. � s� � � � #� 4 � a F s � h-� F t ir +� �`4 .- r.' } .`,5 . f ._ �.r .i�>+ .�- n€"t ' ,4��i?,. , r�� . , ,.. « . . _. : x . .k_ . . s... , . .. . ,,.. ... ,r o. _ _ , ,._ .. .