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HomeMy WebLinkAboutBy-law 2474/87THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO2474 f86 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; 1986/1987). 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 Pickerlng HEREBY ENACTS AS FOLLOWS: 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, 1986 to November 30, 1987. BY-LAW read a first, second and third time and finally passed this 19th day of May, 1986. //~hn E. Ande~r~'G-n, MayOr TOWN OF PICKERING APPROVED AS TO FORM LEGAL DEPT. f 1TEM SC~]E~3'I~ A 8 DI'W ID. NO. 614680-2 COMMERCIAL LEASE - CORPORATE THIS LEASE made in pursuance-of the Short Forms of Leases Act BETWEEN: A~D HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by The Minister of Public Works, hereinafter referred to as the "Landlord" OF THE FIRST PART THE CORPORATION OF THE TOWN OF PICKERING, 1710 Kingston Road, Picketing, Ontario, L1V 1C7, hereinafter referred to as the "Tenant" OF THE SECOND PART WHEREAS the premises are part of lands expropriated by Her Majesty for the purpose of an airport; AND WHEREAS it is deemed expedient that the premises be leased for so long as they are not required for public purposes; AND WHEREAS a certified true copy of the Tenant's authorizing resolution is attached hereto as Schedule "B"; WITNESSETH that in consideration of the rents, covenants and 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, lying 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 instrumen~ numbered 145942, and being outlined in red on the key plan attached hereto as Schedule "~', 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 1986 , and to be fully completed and ended on the THIRTIETH (30th) day of NOVEMBER 1987 . Yielding and paying therefor during the said term unto the Landlord, yearly rent in the sums hereinafter specfied, One yearly payment of TWO (2) DOLLARS ($2.00) due and payable in advance ~m~m~g~$ on the First (lst) day of DECEMBER 1986 , ~&~x~x~xS~%~M~xi~fxx £h~x£~~~x~Rx(k&xxxxxxxxxxxxx~xxx~ at the Department of Public Works, Property Management Office, Brougham, Ontario, or at such other place as the Landlord may in writing indicate; AND FURTHER PAYING AS ADDITIONAL RENT, the monies and other charges, costs and expenses herein provided to be paid by the Tenant. ITEM s THE 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 maintenance costs and expanses 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; 4. The Tenant shall leave the premises in good repair, reasonable wear and tear, and damage by fire, lightning and tempest only, excepted; notwithstanding the generality of anything herein contained, the Tenant covenants to repair at his sole expense any damage to the premises caused by his wilful or negligent conduct or that of persona 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 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 occurrence; and that the policy shall name Her Majesty the 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 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 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 Tenant 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; ITEMs -3- 55 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 sod wholesome condition, and shall, immediately before the termination of the term hereby grant~d, 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 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, the 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 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 on distress being made by the Landlord, this covenant and agreement may be pleaded as an estoppel against the Tenant in any action 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 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 the Landlord as 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 mutatis 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 the 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 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 granted to be forthwith terminated, and in such event rent shall be payable up to the time of such destruction or partial destruction; 56 ITEM -4- 19. 20. 22. 23. 24. 25. 26. 28. 29. 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; 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 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 adJustmont 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 the 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. Proviso for re-entry by the said Landlord on non-payment of rent or non- performance of covenants; In the case of a seizure or forfeiture of the said term for any of the causes herein sat forth, the Landlord shall have the same right of re-entry as is given under the next preceding proviso; 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; If the Tenant 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, and all the terms and conditions hereof, so far as applicable, shall apply to such monthly tenancy; Any notice given to the Landlord by the Tenant shall be addressed to the Departmant 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; 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 tike 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 the case may be, were expressed; The rights of the Landlord herein may be exercised by any official authorized by the Minister of Public Works; 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; ITEM- -5- 30. If the Tenant shall at any time fail to pay rent as aforesaid, he shall become liable to pay interest on all such instalments of rent that he has failed to pay, calculated at the rate of 10% per annum from the time of such failure. 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 shall apply mutatis mutandis thereto; 31, The Tenant shall prepay to the Landlord a sum equal to one menth's rent, 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 amount of prepaid rent shall at all times be equal to one menth~s current rent under this lease. 32. The Tenant covenants that, upon the Tenant abandoning or vacating the premises, or upon the expiration or other determination of this lease in any other manner, the Tenant shall forthwith remeve 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 lands and premises of the Landlord by reason of such remeval or otherwise caused during the term of the tenancy. The Tenant hereby agrees that if he fails to effect such remeval forthwith, that the said equipment, vehicles, chattels, livestock, materials, effects and things shall be deemed abandoned and worthless, and that the Landlord may, in Iler absolute and unfettered discretion i~mediately dispose of said chattels and things, in any manner She sees fit. The Tenant further agrees to indemnify the Landlord for all expenses incurred by Her, in effecting such removal, and in returning the premises to an ordinary state of cleanliness and good repair. IN WITNESS WHEREOF the parties hereto have executed this lease by their duly authorized representatives, and the corporate seal of has been affixed under the hands of its authorized officers as of the date first above written. 'ANDERSO~'/(~ay°r) (Corporate seal ) Date TAYLOR (Clerk) HER MAJESTY THE QUEEN IN RIGHT OF CANADA as represented by THE MINISTER OF PUBLIC WORKS BY: Date M. Richardson Project Site Manager New Toronto Airport Project Brougham, Ontario BY: W. Leach Chief, Contract Administration Ontario Region Date ,58 ' ITEM 8 SCHEDULE A NOT TO SCALE ROAD