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HomeMy WebLinkAboutBy-law 2477/87THE CORPORATION OF THE TOWN OF PICKERING BY-LAW N0.2477 /87 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, Pickering (Brougham Parkette; 1987/1988). WHEREAS pursuant to the provisions of section 208.57 of the Municipa] Act, R.S.O. 1980, chapter 302, the counci] 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 Schedu]e A, for the use of that part of Lot 19, Concession 6, Pickering, designated therein as the Srougham Parkette, from June 1, 1987 to May 31, 1988. BY-LAW read a first, second and third time and finally passed this 19th day of May, 1987. ( d6hn �. Andc�on, Mayor / � �_ �.� �t�c��C- r ce Taylor, ler TOWN OF PICI`ERiNG FiPPR�:'rD AS TO FQRM LEG,SI. pkP-i. ITEM�- o ����,� ��>. N,�. �����115-� COMMGRCIAL LCASL' - CORPORA'1'E T11IS LEASL� made in pureuance of Che Short Forms of Leases AcC BG'TWGEN : �AN17 HER MAJESTY THE QUEEN IN RIGHT OF CANAllA, as represented by The Minister of Public Worka, hereinafter referred to as the "Landlord" OF 'Pf1E FIRST PART THE CORPORATION OF THE TOWN OF PICKERING, 1710 Kingston Road, Pickering, Ontario, LiV 1C7, hereinafter referred to as the "Tenant" OF THG SECOND PAR'1' WFIEREAS the premises are part of lands expropriated by Her Plajescy [or cl�e paxpose of an airport; AND WILEREAS it is deemed expedienC that Clie premises be leased for su long as they are not required for public purpoaes; �� I�t��RQk9xexeerYaf#�adx�tau�cscx�o{{hyc�o�c�mdr��CltecaaaK�sxxuxhe+r8ratwgxx�sx,*1xWi4xh+� xB¢�� �adxbeodxecr� �rkaea �a xa s x$ a k8�dn3xx ic'fDt4, WITNESSE'L}1 that in coneideration of the renta, covenants and agreemen�s hereinaEter reserved and contained, the Landlord doth demise and lease uat� the Tenant, all that mesauage or tenement being hereinafCer referred Co as che premises, situate on, lying in and being parC oF Lot 79, Concesalon 6, 'Cown of Pickeri��g, Regional Municipality of Durham , Province of Ontario, comprising .109 .icres more or less, being more fully descrlbed in registered Citle instrumen[ numbered 23471, and being outlined in red on the key plan attached hereCo as Schedule "A", msdxkaacindiNg To have and Co hold the said premises for tlie Cerm of ONE (S) YGA12 to be computed from the FIRST (ls[) day of JUNE 1987 , and eo be [ully completed and ended on tt�e THIRTY-FIRST (31st) day of MAY ]yF3d , Yielding and paying therefor during the said term unto the Landlord, yearly cent in the aums hereinafter epecfied, in equal monthly instalments wlchlu eac6 year ae follows: TWO (2) DOLLARS ($2.00) FOR TNE TERM due and peyable in advance d(axkksx�lx:�Gc�(�l�mt�3x�qecwc6c�mmdzxatudxeYezyxw�ont� gp��p�,�pg on the First (let) day of JUNE 19 87 , xadcgkxkkasxiaatxpg�nuezubcxif x{IRx*LA7fecxbt/�cxNlc�il8c�stx(�3cik�xda�xn¢xxxxxxxxxxxxxu39c , at the Ue��arCme�il of Public Worka, Pxoperty Management Office, Brougham, Ontario, or at sucli oll�er place ae the Landlord may in writing indicate; ANll rORTIIER PAYING AS AUllI7'IONA1. RENT, the monies and other charges, coets and expenses herein provlded ro Ue pald by the Tenant. I�E�t 10 'PFIE SAID TENANT accepts the demised premises in their present cuudl.clun, AND COVENANTS WITH TFlE SAID I,ANDLORD: 1. To pay rent and buslness Caxes; and to pay all utility charges, lucludlug fuel for heating, hydro, water, hot water, aewage dispoeal and garbage removal, aud all othet operating and maintenance coata and expenses snve only as I�ereSuafter oCherwise provided, and to supply proof thereof on demand; and the '1'enanc furtl�er covenents to empty the septic tank periodically, at his own expeuse; 2, The 'Cenant shall repair the premiaes at Lis own expense, reasonable wear aud tear� and damage by fire, lightning and tempest only excepted; Ll�e said Laudlord may in Ner diecretion repair reasonable wear and tear and damage by fire, lightning and tempeat, provided that She may in Her diecretion enter and vl.ew tt�e atate of repair; 3. The 'Penant ahall noC carry on upon the said premises any business c6ec way be deemed a nuisance; 4. '1'he Tenant ehall leave the premiaes in good repalr, reasonable wear and ce:�r, and damage by fire, lightning and tempest only, excepted; notwiChsCanding Nie generality oE anything herein contained, the Tenant covenants to repail r aC lils sole expense any damage to the premises caused by his wilful or neg7.igent couducC or that of persons permitted by him to be on the premises; 5. The 'i'enant ahall not asaign or sublet notwitl�standing eny atatu[ory euactusenc to the contrary, wiChout the approval in writing of the Landlord, whlcl� approval may be withheld in the Landlord's sole diacretion; 6. The Tenant ehall not etore or keep on the premises explosives or. inflammable aubetancea, except liquid fuels for domestic conaumption or produccs reasouably kept or atored in connection with the Tenant's permitted lawful uses oE cl�e demised property; 7. The Tena�t ahall not do or pecmit to �e done on the said pramises any W Lu�; which may be annoying to the Landlord, or which the Landlord may deem co be a nuisance, and that [he Tenant ehall use and occupy the said prewlses aa a parkette; 8, 'Phe Tenent shall insure the premises at his expense for public liaUiliCy for an amount not less than $1,000,000.00 for each occurrence; and ll��ic che policy shall name ller Majesty the Queen in Right of CanaJa as co-beneficiery; aud that he shall promptly fucnish to tl�e Landlord copies of sucti policies aud their renewal; and that he shall instruct his insurers to endorse all sucli policies Co provide that in the event of any change in them which could affecC the l.andlord or in the event of their cancellalion the insurer will give noCice �o il�e I.auJ{uid thirty (30) days prior to the effective date of such change or cencellaCion; and the Tenent covenants thet he shall indemnify and save harmless Che Laudlord from and against all claims, demands, losses, costs, damages, acCions, sui�s or otl�ec proceedings, by whomsoever made, sustained, brought or prosecu�eJ iu any maC�er, based upon, occasioned by or attributable to any injary or damage arisiug oi resulting from any act or omission of the '1'enant, his servants, licensees, inviCee�, guesta, atudents, contractors or agents in using or occupying Che saiid demised la�nds aud preiuiges; and the TenanC covenanCsthal- he sl�all �aell and Cruly observc and fulfil all lawful provisions anJ reyuirements of statutes, regulat.iuns, by-laws, rules and ordere relating to the said demised landa end premises; - I�EM i o 73 9. '1'lie 7'enanC sl�all not allow any ashes, refuse, garbage or otl�er loose ur objectionable material to accumulate in or about the building, yardy, driveways, or paseages of tl�e said premises, and shall at all times keep the sald premises 1n clean and wholesome conditlon, and shall, immediately before the CenuinaClon of the term hereby granted, wash the floora, windows and woodwork oP che said premises; and that he shall keep the sidewalks and driveways in Iron� aud ac the sides of the said premiaes free o£ snow and ice; 10. If the term hereby granted or the goods and cliattels of the TenanC or any assiguee or sub-tenant ehall be at any time seized or taken in execution or at[acl�meuc, or if the Tenant or any such assignee or sub-tenant shall make an assl�;nment For the benefiC of credi.tors or shall become bankrupt or insolvent, or make � prupusal to its creditors, or without the consent of the Landlord being firsc obC.�ined L� writing, shall make a sale, under the Bulk Sales Act, in respect uf goods ou l6e premises, or being a company shall become subject to any legislac(ve euaccweuc relating to liquidation or winding up, either voluntary or compuisory, tl�e said term shall immediaCely become forfeited and void, and an amount equive3lent cu the nexC ensuing three months' rent shall be at once due and payable; 11. In consideration of the foregoing and of the leasing and letting by tl�e l,audlord to the Tenant of the premises hereby demised, the Tenant hereby cuvenau�s auJ agrees with the Landlord that notwithstanding any statute or low Cu the con[rary, none of [he goods or chat[els of the Tenant on ttie said premises aC any tiwe during tlie continuance of the term hereof shall. be exempt from levy by discress for rent in arrears by the Tenant and that upon any claim being made fur aucli exemption by the 'CenanC, or on distresa being made by the Landlord, cl�is coveuanl and agreement may be pleaded as an estoppel against the Tenant in auy actiun broughC to test the right to the levying upon any such goods as are uamed as exempCed in any sucVi statute or law, the 'fenlnt waiving, as I�e I�ereby docs, ;il l and every bene Ht that could or might have accrued L-o him under and by vlrcue of any such statute or law but for tl�e above covenant; 12. '1'HE SAIU LANDLORD COV�NAN'fS WPTIi 'ftlG 5AID 1'INAN'P for qulet enjoymeu�, aliile tl�is lease is in good standing and not terminated by the Landlord or o Uierwiae by ics terms; provided that the Landlord shall not be liable to supply wacer If Uie exiating aupply is or becomes inadeyuate; 13. 'I'HE LANDLORD covenants and agrees to pay real property taxes atrrl6ucable by tler to the demiaed premises; 14. THE TENANT covenants and agrees to and with the Landlord that if �here 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 p�iy sucli increase in full upon being notified thereof, with the next due nwuthly reneal payment and such lncrease in real property taxes shall be deemed co be parc of the rent reserved 1n this Lease and the remedies available to che I.andlord relating to rent herein and at law shall apply nwtatis mutandis chereto; 15. The Tenant hereby acknowledges that he has received the keys of che s�id preml.yes, which he agrees to return upon quitting the said premises; 16. Any alterations, additiona or improvements of the Tenant are subject Co tl�e prior approval of the Landlord in writing and must be made by a qualifie� contractor who is acceptable to the Landlord, entirely at the 7'enanc's exp�nse PROVIDED that alterationa, additione and improvements to heating, air condi[ioning, plumbing, roof and bearing walls are prohibited unless the Landlord gives speciflc written consent; 17. The Tenant may remove his fixtures if all the rent due hereunder has Ueen pald and such removal can be made without lnjury or damage to the propercy tha� cannot be compensated by the Tenant 1n money; and provided the 'fenani �-uvenuncs he shall be responsible for prompt reatoration or compensation to Che saicisfacclon of the Landlord; 18. In the event of the destruction or partial destruction of the said premises by fire, lightning, tempest, or otherwise, Che Landlord may, in ics sole discretion, declare the term hereby granted to be forLhwith Cermin�ited, and in sucli event renC shall be payable up to the time of such desLrucciuu ur par[ial destruction; . --�- '7 4 ��`� 10 19. During tlie last two months of the [enancy hereby granted, the '1'ene+nt shall allow prospective tenants to be admitted Co vlew the said premises ��c ie+�sounble hours any day except Sunday on producing a written order to thac effecc sigued Uy ttte Lundlord or his agent; 2U. 'The Landlord shall have the privilege at all reasonable times durLig U�e cerm hereby granted or any extension tliereof, by ller agents, servanCs, coutrac�urs and workmen with requisite vehicles and equipment, Co enter on Llie laude [ur Cl�e purpose of making surveys, so11 tests, laying roads, erecCing s u-ucC���es and removing obstructiona, upon 10 days notice Co t6e 1'enant; clie parLiey covenanC d�at sucli entry for a 1lmited purpose or purposes sl�all uoC l�iminate the lease, nor result in the abatement of rent; provided that if sucli ent:ry becomes permanent and results in tlie reductlon of [6e arex of che lensed prewl5es, an appropriate adjuetment of rental sliall be negotlated by Che Parties; 21R It ia hereby understood and agreed thaC all chattels and Tenant's flxtures on the premises at any time shall Ue liaUle to distress for rent in a�rrears, aud tLat all statutory provisions now or hereafter in force relating co exeuy��ions from distress are hereby waived. In the event of any defaulC by che 7'euauC iu the performance of any of tl�e covenants or agreemenCS herein coucaiueJ rlie Landlord shall have the right on thirCy days notice in wriCing to cl�e 7'eu�iuC to CernilnaCe this lease or to re-enter and take possession of Nie said prcinises and all accrued rent shall immediately become due and payable. 23. Yroviso for re-entry by the said Landlord on non-payment of renC or uuu- performance of covenants; 23. In Che case of 1 selzure or Porf.elCure of Che Hnid Cerm for nuy ��f il�c cnuna:: herein set forCti, Che I.andlord shall I�ave the same cight of re-euLry as Ls given under the next preceding provlso; 24. Notwi U�standing anything herein conCained C4ie Landlard's r1gl�C o('. re-eu u y Lereunder for non-payment of rent or non-performance of coveuanCs shall becuwe exercisable immediately upon default being made; 25. If tlie '1'enant remains in occupation of the demised premises af�er �I�c expireit lou of ttie term hereby granted without a written agreement to the concrary lie shall not be deemed to be a tenant from year to year but shall be a munchly teu�ul only, at a rental to be detecmined Uy the Landlord, Cl�at is not tu excess uf the fair market value of the properCy, payable in advance, and all clie �erma and conditions hereof, so far as appllcaUle, shall apply to such mon[I�ly cenaucy; 26. Any notice given to the Landlord by DeparCment of Public Works, Property such other place as ttie Landlord may the Landlord to the Tenant shall be Che Tenant s6a11 be addressed Co i.he Management Office� IIroughaw, UnCnrlu, ur in writing indicate, and auy nueice fiom addressed to the leased piem{:,es; 27. IC is agreed between Che parCles hereto that every covenanC, provJSU .�ud ngrce- ment herein contained shall enure to Che benefit of the Tenant �nd Uie 7'enauc's succes$ors and assigns and to ttie Landlord or ❑er successors or assigns nnd be binding upon tlie Tenant's agents, heirs, executors, administrators, asslgns and successore and the Landlord's successors or asslgns and tl�aC all cuveu,iucs � herein contained shall 6e construed as being joint and several, au� ct�aC wl�eu the context so requires or perniits the singular numUer sha11 be read as lf Che plural were expressed, and the mascullne gender as if the feminlne or ueuter, ae tlie case may be, were expressed; � 29 The rights of the Landlord }ierein may be exercised by any officiaL �utl�urized by the Minlster of Public Worka; No Member of the Ilouse of Conm�ons shall be admitted to any sliare or parC of thie Agreement or to any benefit to arise therefrom; �T��M �. o y' Ri 30. If the Tenant sliall ar any time fail Co pay ient as aforesaid, I�e sl�.�il become liable to pay intereat on all such instalments oE rent that he has [e�iled [u pay, calculated at the rate of 10Y. per annum from Clie tlme of sucli failuic. Such interest sliall be deemed to Ue part of the rent reserved ln tliis lease, und [he remediea available to the Landlord relating to renC herein �ud u� lciw ahall apply mutatia mutandis thereCo; 31. '1'he Tenant sliall prepay to the Landlord a sum equal to one mon[h':; renc, wl�ich paymeuC sliall be applied in payment of rent for tl�e last montli uuder thi:; lease. In the event that the rent under this lease ie increased, the '1'enaut ahall prepay to tLe l.andlord at that time a sum equal to CLe difFerence Uetweeu tl�e ucw eu�d Cl�e old reut so that Che amount of prepald rent shall at all times be equnl cu one month's current rent under this lease. 32. 'Pl�e 'Cenant covenants tl�at, upon the 'fenanC abaudoning or vacaCiug cl�c prewises, � or upon Che expiration or oCher determLiation of this lease in :�uy ucher mauuer, Che Tenant shall forthwlCh remove from the premtses, all equlpmeuc, vehicles, chaCtels, livestock, materials, eEfecCS and Chtngs, at any time bruugl�l ur placed tl�eceon by d�e Ten�nC, and sl�all also to Cl�e saClsfaction of el�e L��+�dlu�d, icpntr all and every damage and injury occasloned Co the lands and premises of che Landlord by reason of such removal or otl�erwise caused during clie Le�in of cl�e tenancy. The Tenant hereby a�rees that if I�e falls to effecC such reiuovul Forthwith, Chat the said equipment, veliicles, ciiatCels, livesCocic, m:uerleilr;, effects and things ahall Ue deemed abandoned and worthless, and Cliac t6e Laudlurd nwy, in ller absolute and unEeCtered discreCion im�nediaCely dispuse oI s��id cl�aClels and thinga, in any manner She sees HC. Tl�e Tenanc fur[her �grees co inJcwni[y the Landlord for all expenses incurred by Iler, in eEfecting such removz�l, and in returning the premises to an ordinary sCaCe of cleanliness and g�iuJ re�,alr. IN WITNL'SS WIIEREOF the parties hereto have executed [his lease by Llieir duiy �iuthurized representa[ives, and the corporaCe seal of THE CORPORATION OF THE TOWN OF PICKERING has been effixed under Che hanJs of its authorizeJ officers as oP che d<�ie lirs� e�buve wricten. THE CORPORATION OF THE TOWN OF PICKGkING per . ANDERSON (Mayor) B. TAYLOR (Clerk) Uale Ua t e IIER MAJIiS'1'Y '1'lIL' QUEI3N 1N K1ClfP UF CANADA as represented by T'HE MINISTIR OF PUBLIC WURKS BY: llace M. Richardson Project' Site Manager New 7bronCo Airpart ProjecC Brougham, OnCario BY: lla�e W. Leach Chief, Contract AdminisCratiou Ontario Region _._ 76 ti 0 V fTEM 10 �����.�,���� � � Y .M! I �P . . � unu�..0 . y��U � 'B 1�02 ,.,... .,'.i70 ,.,... , � i�uoei s�. 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