HomeMy WebLinkAboutBy-law 4484/94 THE CORPORATION OF THE TOWN OF P1CKERING
BY-LAW NO. 4484/94
Being a by-law to authorize the execution of a Lease
Agreement between The Corporation of the Town of
Picketing and Shane Coburn respecting part of Lot 19,
Concession 3, Pickering [October 1, 1994 to September
30, 19971 [va306].
WHEREAS, pursuant to the provisions of subsection 191 (1) of the Municipal Act, R.S.O. 1990, chapter
M.45, the Council of The Corporation of the Town of Pickering may by by-law lease premises owned by
the Corporation;
NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS
FOLLOWS:
1. The Corporation of the Town of Pickering shall lease to Shane Cobum part of Lot 19,
Concession 3, Picketing, from October 1, 1994 to September 30, 1997, for commercial purposes.
2. The Mayor and Clerk are hereby authorized to execute a Lease Agreement, in the form attached
hereto as Schedule A, between The Corporation of the Town of Pickering and Shane Cobum for
the purpose ofeffecting the lease referred to in section 1 of this By-law.
BY-LAW read a first, second and third time and finally passed this 19th day of September, 1994.
~~~~ -Wayne Art ayor ~
TOWN OF
PICKER~NG
LEGAL DEIST..
Schedule A
THIS LEASE made pursuant to the provisions of subsection 191 (1) of the Municipal Act, R.S.O. 1990, chapter
M.45, as of the 1st day of October, 1994,
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
herein called the "Landlord"
OF THE FIRST PART,
herein called the "Tenant"
OF THE SECOND PART.
In consideration of the rents, covenants and agreements herein contained the Landlord and the Tenant agree as
follows:
1. I~uK~AI:tD_T~
(1) The Landlord hereby leases to the Tenant those lands consisting of 50,167.64 square metres of
rentable area located in Lot 19, Concession 3, Picketing, and comprising that part of Parts 37 and
40, Plan 40R-6934, diagonally hatched on the sketch attached hereto as Schedule A (herein
called the "Premises"), for a term (herein called the "Term" ) commencing on the 1st day of
October, 1994 and expiring on the 30th day of September, 1997, unless the Term is earlier
terminated.
(2) If the Tenant continues to occupy the Premises after the expiration of the Term without any
further written agreement and without objection by the Landlord, the Tenant shall be a monthly
tenant at the rent and (except as to length of tenancy) on the terms and conditions herein set out
and the period of such monthly tenancy shall be considered to form part of the Term.
(3) If the Landlord, at the end of the Term hereof, determines that a golf-driving range or a miniature
golf-putting facility, or both, should continue to be operated from the Premises, then the
Landlord shall grant to the Tenant the first right of refusal to lease the premises, or part thereof,
from the Landlord for such purpose, subject to whatever terms and conditions the Landlord may,
in its discretion, deem to be appropriate.
(1) The amount of the rent payable by the Tenant to the Landlord yearly and every year during the
Term, and during any period of overholding, is as follows:
(a)
Minimum rent in the amount of $5,000, by monthly installments as provided in
subsection 2(3), and
(b) P_~
Percentage Rent in the amount if any by which 7% of the Tenant Gross Sales exceed
Minimum Rent, by monthly installments and subject to periodic adjustments as provided
for in subsection 2(4).
(2) P~
All rent shall be paid by the Tenant to the Landlord in lawful money of Canada at the address of
the Landlord set out in section 15 or at such other place as the Landlord shall from time to time
designate.
(3) Minimum Rent Installments and Adjustments
Minimum Rent shall be an annual rent but shall be payable by the Tenant without any prior
demand of the Landlord in equal monthly installments in advance on the first day of each and
every calendar month during the Term.
(4) Percentage Rent Installments and Ad_iustments
Percentage Rent shall be payable by the Tenant without any prior demand of the Landlord in
monthly installments in arrears, computed with reference to the Tenant's Gross Sales in each
calendar month and the amount of Minimum Rent attributable to such calendar month, within ten
(10) days after the end of each such calendar month. Each payment of a monthly installment by
the Tenant shall be accompanied by a written statement from the Tenant setting out the Tenant's
Gross Sales for the calendar month with reference to which the installment of Percentage Rent is
computed and the particulars of the calculation of the installment of Percentage Rent payable.
Percentage Rent shall be subject to periodic adjustment after the end of each calendar year as
follows:
(a) within sixty (60) days after the end of each calendar year the Tenant shall cause an audit
of its Gross Sales to be made by a practising chartered or other licensed public accountant
acceptable to the Landlord and deliver to the Landlord a written statement as to the
amount of its Gross Sales for and the amount of Minimum Rent attributable to such
calendar year and the amount of Percentage Rent payable with respect to such calendar
year, revised if necessary, and certified by such accountant as having been audited and
found correct, and if the amount of Percentage Rent paid with respect to such calendar
year is less than the amount of Percentage Rent payable therefore as shown by such
statement, the Tenant shall with such statement pay to the Landlord the deficiency, and if
greater the Landlord shall after receipt of such statement and the Tenant's claim for
adjustment and if the Tenant is not then in default under this Lease refund to the Tenant
any overpayment (but may defer such refund until completion of any examination or audit
pursuant to clause 2(7) then in progress or which the Landlord shall make or cause to be
made within a reasonable time thereafter).
(5) Application of Rent Payments. Etc.
All Minimum Rent, Percentage Rent and other sums payable under this Lease by the Tenant shall
be payable without any deduction, set-off or abatement whatsoever except as expressly herein
provided. Any rent or other sum received by the Landlord from or for the account of the Tenant
while the Tenant is in default under this Lease may be applied at the Landlord's option to the
satisfaction in whole or in part of any of the obligations of the Tenant then due under this Lease
in such manner as the Landlord sees fit regardless of any designation or instruction of the Tenant
to the contrary. The Landlord's rights under subsections 2(7) and (8) of examination and audit
and in certain circumstances to estimate Gross Sales are in addition to any other remedies it may
have under this Lease for defaults of the Tenant. The provisions of subsections (1) and (2) with
regard to the payment of a Percentage Rent based upon Gross Sales is a reservation of rent only
and does not create any joint venture or partnership or any relationship between the Landlord and
Tenant other than one of tenancy.
(6)
The Tenant shail keep or cause to be kept fu[l, true and accurate records of all business from
which its Gross Sales may be readily and accurately determined, and to which the Landlord shall
have access at any time during regular business hours for the purpose of examination or audit,
and the Tenant shall furnish to the Landlord all supporting data and other information relating to
its Gross Sales as may be requested. All records and data shall be prepared and kept and
accounting procedures and controls adopted in accordance with good accounting practice and all
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reasonable requirements of the Landlord from time to time, and such records and data shall be
retained for a least twelve (12) months after the expiration of the fiscal period to which they
relate.
(7) Estimating and Determining Gross Sales. Etc.
If the Tenant fails to keep and retain records and data and adopt accounting procedures and
controls in accordance with the requirements of subsection 2(7) or to report its Gross Sales as
required by subsection 2(5), or if the Landlord determines that in its opinion the Tenant's records
and data and accounting procedures and controls are deficient and do not permit an accurate or
reliable determination of Gross Sales for any fiscal period affected by the failure or deficiency on
the basis of such information as is accessible to the Landlord and such estimate shall be binding
upon the Tenant except to the extent that the Tenant proves it inaccurate.
(8)
The Landlord shall treat as confidential all information concerning the Tenant and its business
that it may receive pursuant to this Lease, except for any information that is available to the
public from other sources and except to the extent that it shall be reasonably necessary for the
Landlord to disclose the information to carry out the intent of this Lease or to enforce its rights
hereunder. The Landlord shall use reasonable efforts to cause its agents and employees to
comply with the preceding sentence but shall in no event be responsible or accountable for any
instance in which an agent or employee fails so to comply.
(9) ~
For the purpose of this section, the following terms shall have the following meanings:
(a) "Gross Sales" means the sum (without deduction) of the selling prices of all merchandise
sold and services rendered or furnished by the tenant to a purchaser on or from the
Premises or by personnel based on the Premises, whether for cash, credit, exchange of
merchandise or other consideration. For purposes of the preceding sentence, there shall
be included as selling prices of merchandise and services all receipts and receivable and
gross revenue whatsoever of all business of every kind and nature conducted on or from
the Premises including (but without limiting the generality of the foregoing) all deposits
not refunded to customers, the selling price of gift certificates, revenue from vending and
other machines, revenue from equipment rentals, all sums and credits received and
settlement of claims for the loss of or damage to merchandise and amounts recovered
under policies or other contracts of insurance or indemnity in respect of loss of business,
sales or profits arising from any fire or other peril or occurrence, and without any
deduction for the deferred portion of any installment sale or any uncollected or
uncollectible accounts (the full consideration for every sale being deemed to be received
when the sale is made irrespective of when it is paid or to be paid): but there may be
deducted the amount of credits or refunds made upon merchandise purchased from the
premises and returned, and direct sales taxes and like sums collected by the Tenant and
shown separately from the price of merchandise or services and actually remitted to any
taxing authorities;
(b) "Minimum Rent" means the rent which is a fixed annual amount and is payable pursuant
to subsections (1) and (2);
(c) "Percentage Rent" means the rent which is computed with reference to Gross Sales and is
payable pursuant to subsections (1) and (2).
3. GENERAL COVENANTS
(1) The Landlord covenants with the Tenant:
(a) for quiet enjoyment; and
(b) to observe and perform all covenants and obligations of the Landlord herein.
(2) The Tenant covenants with the Landlord:
(a) to pay rent; and
(b) to observe and perform all covenants and obligations of the Tenant herein.
4. USE AND OCCUPANCY OF PREMISES
The Tenant covenants with the Landlord:
(a) Required and Prohibited Uses
To use the Premises only for the purpose of carrying on the business of,
(i) a golf-driving range located at least 85 metres west of Brock Road and at least 6.1 metres
south of the northerly boundary of the Premises,
(ii) a miniature golf-putting facility located at least 6.1 metres south of the northerly
boundary of the Premises, and
(ii) an accessory parking area located between the golf-driving range and Brock Road and
south of the miniature golf-putting facility.
(b) Active Conduct of Business
To continuously, actively and diligently carry on the business described in subclause (a) on the
whole of the Premises in a reputable manner and in compliance with all the provisions of this
Lease;
(c) Hours of Operation and Illumination
To carD' on the business only between the hours of 6:30 a.m. and 12:00 midnight, local time, and
not to illuminate any sign or any part of the Premises not contained within a building or
structure, except for security purposes, between 12:01 a.m. and 6:30 a.m., local time;
(d) ~
To carry on business on the Premises under the name and style of Picketing Driving Range and
under no other name or style unless approved in writing by the Landlord;
(e) Appearance. etc. of Premises
To maintain and operate the Premises so that they shall always be of good appearance and
suitable for the proper operation of the business required to be carried on therein and comparable
with the standards of the best such business, and in so doing,
(i) to maintain screens, suitable to the Landlord and during the operation of the business,
1. along the northerly boundary of the Premises where that boundary abuts the golf-
driving range tees, and
2. between all tees intended for the driving of golf balls in a direction perpendicular
to Brock Road,
at the Tenant's expense,
(ii) to keep, renew, replace and decorate, as may from time to time be necessary for the
purpose, all buildings, structures, screens, fences and signs on the Premises and all
fixtures, furnishings, chattels and decorations therein,
(iii) to keep the Premises orderly, tidy, clean and clear of all refuse, and
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(iv) to store all refuse on the Premises in receptacles such as to provide proper storage and to
facilitate its removal, and to arrange for the regular removal of such refuse.
To comply at its own expense with all municipal, federal and provincial sanitary, fire and safety
laws, regulations and requirements pertaining to the occupation and use of the Premises, the
condition of the Leasehold Improvements, trade fixtures, furniture and equipment installed by or
on behalf of the Tenant therein and the making by the Tenant of any repairs, changes or
improvements therein.
5. REPAIR AND DAMAGE
The Tenant covenants with the Landlord to repair at the Tenant's own cost the Premises, including
Leasehold Improvements and trade fixtures, reasonable wear and tear excepted. The Landlord may enter
and view the state of repairs and the Tenant will repair according to notice in writing, reasonable wear
and tear excepted. If the Tenant shall fail to repair after notice to do so, the Landlord may effect the
repairs and collect the cost thereof from the Tenant as additional rent pursuant to section 13 hereof.
The Tenant covenants with the Landlord to pay promptly when due to the taxing authority or authorities
having jurisdiction all taxes, rates, duties, levies and assessments whatsoever, whether municipal,
parliamentary or otherwise, levied, imposed or assessed in respect of the Premises and any and every
business carried on in the Premises by the Tenant, or in respect of the use or occupancy thereof
(including licence fees).
7. LICENCES. ASSIGNMENT AND SUBLETTING
(1) ~
The Tenant shall not permit any part of the Premises to be used or occupied by any persons other
than the Tenant and the employees of the Tenant, or permit any part of the Premises to be used or
occupied by any licensee or concessionaire, or permit any persons to be upon the Premises other
than the Tenant, its employees, customers and others having lawful business with it.
(2) A~signment and Subletting
The Tenant shall not assign this Lease or sublet all or any part of the Premises.
8. SIGNS
The Tenant shall be permitted to maintain an identification sign at or near the frontage &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 otherwise approve in
writing, and the 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. Otherwise, except with the prior written consent of the Landlord, the Tenant shall not
paint, display, inscribe, place or affix any sign, symbol, notice, lettering or display of any kind anywhere
outside the Premises or within the Premises so as to be visible from the outside of the Premises with the
exception of lawful signs erected on the Tenant's lands adjacent to the Premises. Should the Landlord at
any time object to any sign, symbol, notice, lettering or display either affixed to or visible from the
outside of the Premises, the Tenant shall remove the same forthwith upon request.
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9. LEASEHOLD IMPROVEMENTS AND TRADE FIXTURES
(1) Definition of Leasehold Improvements
For purposes of this Lease, the term "Leasehold Improvements" includes without limitation all
fixtures, improvements, installations, alterations and additions from time to time made, erected
or installed by or on behalf of the Tenant in or on the Premises, and whether or not moveable,
with the exception of trade fixtures and furniture and equipment not of the nature of fixtures.
(2) Installation of Improvements and Fixtures
The Tenant shall not make, erect, install or alter any Leasehold Improvements or trade fixtures,
including lighting, in or on the Premises without having first obtained the Landlord's written
approval. The Tenant's request for any approval hereunder shall be in writing and accompanied
by an adequate description of the contemplated work and, where appropriate, working drawings
and specifications thereof. All work to be performed in the Premises shall be performed by
competent contractors and subcontractors of whom the Landlord shall have approved, such
approval not to be unreasonably withheld. All such work shall be subject to inspection by and the
reasonable supervision of the Landlord, and shall be performed in accordance with any
reasonable conditions or regulations imposed by the Landlord and completed in a good and
workmanlike manner in accordance with the description of work approved by the Landlord.
(3) Liens and Encumbrances on Improvements and Fixtures
In connection with the making, erection, installation 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 shall comply with all the provisions of the Construction Lien Act, and other
statutes from time to time applicable thereto, 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 all accounts relating thereto. The Tenant shall not create any mortgage,
conditional sale agreement or other 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 other
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 therefor shall arise or be filed or any such
mortgage, conditional sale agreement or other encumbrance shall attach, the Tenant shall within
twenty (20) days after receipt of notice thereof procure the discharge thereof, including any
certificate of action registered in respect of any lien, by payment or giving security or in such
other manner as may be required or permitted by law, and failing which the Landlord may in
addition to all other remedies hereunder avail itself of its remedy under section 12 hereof and
may make any payments required to procure the discharge of any such liens or encumbrances,
shall be entitled to be reimbursed by the Tenant as provided in section 12, and its right to
reimbursement shall not be affected or impaired if the Tenant shall then or subsequently establish
or claim that any lien or encumbrance so discharged was without merit or excessive or subject to
any abatement, set-off or defence. This subsection shall not prevent the Tenant from mortgaging
or encumbering its chattels, furniture or equipment not of the nature of fixtures.
(4) Removal of Improvements and Fixtures
All Leasehold Improvements, trade fixtures, furniture and equipment shall be removed by the
Tenant from the Premises either during or at the expiration or sooner termination of the Term.
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 Premises by the installation and removal.
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10. INSURANCE AND LIABILITY
(1) ~
The Tenant shall take out and keep in force during the Term:
(a) comprehensive insurance of the type commonly called general public liability, which
shall include coverage for personal liability, contractual liability, tenants' legal liability,
non-owned automobile liability, bodily injury, death and property damage, all on an
occurrence basis with respect to the business carried on in or from the Premises and the
Tenant's use and occupancy of the Premises, with coverage for any one occurrence or
claim of not less than Five Million Dollars ($5,000,000), or such other amount as the
Landlord may reasonably require upon not less than six months notice at any time during
the Term, which insurance shall include the Landlord as a named insured and shall
protect the Landlord in respect of claims by the Tenant as if the Landlord were separately
insured; and
(b) insurance against such other perils and in such amounts as the Landlord may from time to
time reasonably require upon not less than 90 days written notice, such requirement to be
made on the basis that the required insurance is customary at the time for prudent tenants
of similar properties.
All insurance required to be maintained by the Tenant hereunder shall be on terms and with
insurers to which the Landlord has no reasonable objection. Each policy shall contain a waiver by
the insurer of any rights of subrogation or indemnity or any other claim over to which the insurer
might otherwise be entitled against the 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 after not less
than thirty days written notice to the Landlord of the intended change, lapse or cancellation. The
Tenant shall furnish to the Landlord, if and whenever requested by it, certificates or other
evidences acceptable to the Landlord as to the insurance from time to time effected by the Tenant
and its renewal or continuation in force, together with evidence as to the method of determination
of full replacement cost of the Tenant's Leasehold Improvements, trade fixtures, furniture and
equipment, and if the Landlord reasonably concludes that the full replacement cost has been
underestimated, the Tenant shall forthwith arrange for any consequent increase in coverage
required hereunder. If the Tenant shall fall to take out, renew and keep in force such insurance, or
if the evidences submitted to the Landlord pursuant to the preceding sentence are unacceptable to
the Landlord or no such evidences are submitted within a reasonable period after request therefor
by the Landlord, then the Landlord may give to the Tenant written notice requiring compliance
with this section and 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 the Landlord may
reasonably require having regard to the urgency of the situation, provide appropriate evidence of
compliance with this section, the Landlord 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 prejudice to any other rights of the Landlord under this Lease or otherwise, and the
Tenant shall pay all premiums and other expenses incurred by the Landlord in that connection as
additional rent pursuant to section 12 hereof.
(2) Limitation of Landlord's Liability
The Landlord shall not be liable for any bodily injury or death of, or loss or damage to any
property belonging to the Tenant or its employees, invitees or licensees or any other person in, or
about the Premises.
(3)
The Tenant shall indemnify and save harmless the Landlord in respect of:
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(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 licensee of the Tenant, and in respect of all costs,
expenses and liabilities incurred by the Landlord in connection with or arising out of all
such claims, including the expenses of any action or proceeding pertaining thereto;
(b) any loss, cost, expense or damage suffered or incurred by the Landlord arising from any
breach by the Tenant of any of its covenants and obligations under this Lease; and
(c) all costs, expenses and reasonable legal fees that may be incurred or paid by the Landlord
in enforcing against the Tenant the covenants, agreements and representations of the
Tenant set out in this Lease.
11. ACCESS OF LANDLORD
(1) Inspection and Access
The Landlord shall be permitted at any time and from time to time to enter and to have its
authorized agents, employees and contractors enter the Premises for the purposes of inspection,
maintenance or making repairs, and the Tenant shall provide free and unhampered access for the
purpose, mad shall not be entitled to compensation for any inconvenience, nuisance or discomfort
caused thereby, but the Landlord in exercising its rights hereunder shall proceed to the extent
reasonably possible so as to minimize interference with the Tenant's use and enjoyment of the
Premises.
(2) ,~
The Landlord and its authorized agents and employees shall be permitted entry to the Premises
during the last six ( 6 ) months of the Term for the purpose of exhibiting them to prospective
tenants.
12. DELAY AND NON-WAIVER
(1) 12g~Y~i~i:~
Except as herein otherwise expressly provided, if and whenever and to the extent that either the
Landlord or the Tenant shall be prevented, delayed or restricted in the fulfillment of any
obligation hereunder in respect 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:
(i) strikes or work stoppages;
(ii) inability to obtain any material, service, utility or labour required to fulfill such
obligation;
(iii) any statute, law or regulation of, or inability to obtain any permission from, any
government authority having lawful jurisdiction preventing, delaying or restricting such
fulfillment; or
(iv) other avoidable occurrence,
the time for fulfillment of such obligation shall be extended during the period in which such
circumstance operates to prevent, delay or restrict the fulfillment thereof, and the other party
shall not be entitled to compensation for any inconvenience, nuisance or discomfort thereby
occasioned.
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(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
such obligation in respect of any continuing or subsequent default, breach or non-observance,
and no such waiver shall be implied but shall only be effective if expressed in writing.
13. REMEDIES 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
arising either under this or any other provision of this Lease or under statute or the general law
the Landlord,
(a) shall have the right at all times to remedy or attempt to remedy any default of the Tenant,
and in so doing may make any payments due or alleged to be due by the Tenant to third
parties and may enter upon the Premises to do any work or other things therein, and in
such event all expenses of the Landlord in remedying or attempting to remedy such
default shall be payable by the Tenant to the Landlord as additional rent forthwith upon
demand;
(b) shall have the same rights and remedies in the event of any non-payment by the Tenant of
any amounts payable by the Tenant under any provision of this Lease as in the case of a
non-payment of rent; and
(c) if the Tenant shall fail to pay any rent or other amount from time to time payable by it to
the Landlord hereunder promptly when due, shall be entitled, if it shall demand it, to
interest thereon at a rate of three per cent (3%) per annum in excess of the minimum
lending rate to prime commercial borrowers from time to time current at the Town's bank
from the date upon which the same was due until I actual payment thereof.
(2) · '
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 Tenant, through improper compliance or non-
compliance with any obligation a_rising either under any provision of this Lease or under statute
or the general law, all of which rights and remedies are intended to be cumulative and not
alternative, and the express provisions hereunder as to certain rights and remedies are not to be
interpreted as excluding any other or additional rights and remedies available to the Landlord by
statute or the general law.
(3) Right of Re-Entry on Default or Termination
If and whenever the rent hereby reserved or other monies payable by the Tenant or any part
thereof shall not be paid on the day appointed for payment thereof, whether lawfully demanded
or not, and the Tenant shall have failed to pay such rent or other monies within five (5) business
days after the Landlord shall have given to the Tenant notice requiring such payment, or if the
Tenant shall breach or fail to observe and perform any of the covenants, agreements, provisos,
conditions and other obligations on the part of the Tenant to be kept, observed or performed
hereunder, or if this Lease shall have become terminated pursuant to any provision hereof, or if
the Landlord shall have become entitled to terminate this Lease and shall have given notice
terminating it pursuant to any provision hereof, then and in every such case it shall be lawful for
the Landlord thereafter to enter into and upon the Premises or any part thereof in the name of the
whole and the same to have again, repossess and enjoy as of its former estate, anything in this
Lease contained to the contrary notwithstanding.
(4) Termination and Re-Entry
If and whenever the Landlord becomes entitled to m-enter upon the Premises under any provision
of this Lease the Landlord, in addition to all other rights and remedies, shall have the right to
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terminate this Lease forthwith by leaving upon the Premises notice in writing of such
termination.
(5) payment of Rent. etc. on Termination
Upon the giving by the Landlord of a notice in writing terminating this Lease, whether pursuant
to this or any other provision of this Lease, this Lease and the Term shall terminate, rent and any
other payments for which the Tenant is liable under this Lease shall be computed, apportioned
and paid in full to the date of such termination, and the Tenant shall immediately deliver up
possession of the Premises to the Landlord, and the Landlord may re-enter and take possession of
them.
14. IMPROPER USE OF PREMISES: BANKRUPTCY
In case without the written consent of the Landlord the Premises shall be used by any other persons than
the Tenant or for any purpose other than that for which they were leased, or occupied by any persons
whose occupancy is prohibited by this Lease, or if the Premises shall be vacated or abandoned, or remain
unoccupied for fifteen (15) days or more while capable of being occupied; or if the balance of the Term
or any of the goods and chattels of the Tenant shall at any time be seized in execution or attachment, or
if the Tenant shall make any assignment for the benefit of creditors or any bulk sale, become bankrupt or
insolvent or take the benefit of any statute now or hereafter in force for bankrupt or insolvent debtors,
then in any such case the Landlord may at its option terminate this Lease by leaving upon the Premises
notice in writing of such termination and thereupon, in addition to the payment by the Tenant of rent and
other payments for which the Tenant is liable under this Lease, rent for the current month and the next
ensuing three (3) months shall immediately become due and paid by the Tenant.
15. MISCELLANEOUS PROVISIONS
(1) I~.m~i,~mim2~tL~
Neither the Tenant nor the Landlord shall register this Lease or a notice of this Lease.
(2) Lease Constitutes Entire A_~reement
There are no covenants, representations, warranties, agreements or conditions express or implied,
collateral or other~vise forming part of or in any way affecting or relating to this Lease save as
expressly set out in this Lease; this Lease constitutes the entire agreement between the Landlord
and the Tenant and may not be modified except as herein explicitly provided or except by
agreement in writing executed by the Landlord and the Tenant.
(3) Notices
Any notice required or contemplates by any provision hereof shall be given in writing, and
(a) if to the Landlord, either delivered to the Town Clerk personally or mailed by prepaid
registered mail addressed to the Town Clerk at Pickering Civic Complex, One The
Esplanade, Pickering, Ontario L 1V 6K7; and
(b) if to the Tenant, either delivered to Shane Coburn personally or mailed by prepaid
registered mail addressed to Shane Cobum at 790 Krosno Boulevard, Picketing, Ontario
L1W 1G6.
Every such notice shall be deemed to have been given when delivered or, if mailed as aforesaid,
upon the day after the day it is mailed. Either party may from time to time by notice in writing to
the other, designate another address in Canada as the address to which notices are to be mailed to
it.
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(4) Interpretation
All of the provisions of this Lease are to be construed as covenants and agreements as though
words importing such covenants and agreements were used in each separate provision hereof,
and the captions appearing for the provisions of this Lease have been inserted as a matter of
convenience and for reference only and in no way define, limit or enlarge the scope or meaning
of this Lease or of any provision hereof.
(5) Extent of Lease Obligations
This Lease and everything herein contained shall enure to the benefit of and be binding upon the
respective heirs, executors, administrators and other legal representatives, as the case may be, of
each party hereto, and every reference herein to any party hereto shall include the heirs,
executors, administrators, and other legal representatives of such party.
1N WITNESS WHEREOF the Landlord has hereunto affixed its Corporate Seal attested to by the hands of its
authorized officers, and the Tenant has affixed his hand and seal.
SIGNED, SEALED AND DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
in the presence of
Shane Cobum
V8306
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