HomeMy WebLinkAboutBy-law 4053/92 THE CORPORA~)N OF THE TOWN OF PICKERIN~
BY-LAW N~_. 4053/92
Being a by-law to authorize the execution of Leases
between the Town and Her Majesty the Queen in Right of
Canada, for the use of the Brougham Community Centre,
Don Beer Memorial Park (Brougham), Brougham
Parkette and Former Museum Site (Brougham)for the
term July 1, 1991 to June 30, 1996.
WHEREAS, pursuant to the provisions of section 58 of the Municipal Act, R.S.O. 1990, chapter M.45,
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 Pickering HEREBY ENACTS AS
FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute Leases between the Corporation of the
Town of Pickering and Her Majesty the Queen in Right of Canada,
(a) in the form attached hereto as Schedule A, for the use of that part of Lot 18, Concession
5, Picketing, described therein as the Brougham Community Centre, from July I, 1991
to June 30, 1996;
(b) in the form attached hereto as Schedule B, for the use of that part of Lot 18, Concession
6, Picketing, described therein as the Don Beer Municipal Park (Brougham) from July
1, 1991 to June 30, 1996;
(c) in the form attached hereto as Schedule C, for the use of that part of Lot 19, Concession
6, Pickering, described therein as the Brougham Parkette from July 1, 1991 to June 30,
1996; and
(c) in the form attached hereto as Schedule D, for the use of that part of Lot 19, Concession
5, Pickering, described therein as the Former Museum Site (Brougham) from July 1,
1991 to June 30, 1996.
BY-LAW read a first, second and third tflne and finally passed this 29th day of June, 1992.
WdSfnZe .4~rthurs, May~ '
'rowN or
PICKERING
APPROVED
AS TO FORM
LEGAL DEPT,
SCHEDULE A DPW ID. NO. 61&658-1
COmmERCIAL LEASE
THIS LEASE made in pursuance of the Short Forms of Leases Act
BETWEEN:
IiER MAJESTY TIiE QUEEN IN RIGHT OF CANADA,
as represented by The Minister of Public Works,
hereinafter referred to aa the "Landlord"
OF THE FIRST PART
AND
THE CORPORATION OF THE TOWN OF PICKERING,
Picketing Civic Complex,
One The Esplanade, Pickerin$, Ontario, LIV 6K7,
hereinafter referred to as the "Tenant"
OF THE SECOND PART
WHEREAS the premises a~ part of lands expropriated by Her Hajesty 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;
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 messuase or tenement being hereinafter referred to as the premises,
situate on, lying in and being pert of Lot 18, Concession 5 , Tow~ of Pickerina
R~gional Municipality of Durham , Province of Ontario, comprising .l&l acres
more or less, being more fully described in registered title instrument numbered
10107, and being outlined in red on the key plan attached hereto as
Schedule "l", and including one-storey frame building and frame storage shed
situated thereon;
To have and to hold the said premises for the term of FIVE (5) YEARS to be
computed from the FIRST (lst) day of JULY 1991 , and to be fully
completed and ended on the THIRTIETH (30th) day of JUNE 1996
Yielding and paying therefor during the said term unto the Landlord, yearly
rent in the sums hereinafter specfied, x~mq~x~m~n~kl~rx~X~tlkim each
year as follows:
ONE (1) DOLLAR ($1.00) FOR EACH YEAR OF THE TERM
due and payable in advance~m~zt~e~t~x~(~ls~xdr~×af×elr~xar~d~xm~I~
c~m~t~on the First (lst) day of JULY 1991 , ~~a~
~~x~x~x~i~~~xxxxxxxxxxxxx~qxxx~ at the Department of
Public Works, Property ~nagement Office, Brougham, ~tario, or at such other
place as the Landlord may in writing indicate; ~D ~RT~R PAYING AS ~DITION~
~, the monies and other charges, costs and expenses herei~ provided to be paid
by the Tenant.
- 2 -
THE SAID TENANT accepts the de~ised premises in thei~ present condition,
A~D 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 re~oval, and
al! other ope~ating and ~aintenance costs and expenses save only as hereinafter
otherwise provided, and to supply proof thereof on de.and; and the Tenant further
covenants to empty the septic tank periodically, at his own expense;
2. The Tenant shall repair the premises at his o~n expense, reasonable wear and
tear, and damage by fire, li~htning and tempest only excepted; the said Landlord
~ay in Her discretion repair reasonable wear and tear and damage by fire,
li~htning 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
dee~ed a nuisance;
&. 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 persons 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 pe~mitted lawful uses of the
demised property;
7. The Tenant shall not do or per,dr to be done on the said premises anything
which ~ay 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 as a
Community Centre;
8. The Tenant shall insure the premises at his expense for public liability for
an amount not less than $1,OOO,000.00 for each occurrence; and that the policy
shall name Her Majesty the Queen in Right of Canada aa co-beneficiary; and
that he shall promptly furnish to the Landlord copies of such policies and their
renewal; end 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
snd premises; and the Tenant covenants that he shsll 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;
9. The Tenant shall not allow any ashes, refuse, garbage or other loo8e 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 and wholesome condition, and shall, im~ediately 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 an~ such assi~ee 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 i~diately 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 desdsed, the Tenant hereby covenants and
agrees with the Landlord that notwithstanding any statute or lay 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 :he 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, aa 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. TRE 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 8ranted to be forthwith terminated, and
in such event rent shall be payable up to the time of such destruction or
partial destruction;
- 4-
19. 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;
20. 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 adjustment 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 immmdiately become due and payable.
22. Proviso for re-entry by the said Landlord on non-payment of rent or non-
performance of covenants;
23. In the case of a seizure or forfeiture of the said term for any of the causes
herein set forth, the Landlord shall have the same right of re-entry as is
given under the next preceding proviso;
2&. 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;
25. 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 deter~ttned 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;
26. Any notice given to the Landlord by the Tenant shall be addressed to the
Department 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;
27. The Tenant covenants to comply with the laws of my competent authority, including
without restricting the generality of the foregoing, any municipal by-laws which
would apply to the premises if they were not owned by Her Majesty the Q~een in
Right of Canada.
28. 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 the Tenant's agents, heirs, executors, administrators, assigns
and successors and the Landlord's successors or sssigns and that sll covenants
herein contained shall be construed as being joint and several, and that when
the contest 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;
29. The rights of the Landlord herein may be exercised by any official authorized
by the Minister of Public Works;
30. 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;
31. If the Tenant shall at any time fail to pay rent as aforesaid, he shall become
liable to pmy tnteromt on ail ~.ch ~nmtnlmentm nf rent that ho hn~ fn{]~'¢] tn
pay, calculated at the rate of IO% 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;
32. The Tenant shall prepay to the Landlord a sum equal to one month'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 month's current rent under this lease.
33. The Tenant covenants that, upon the Tenant abandoning ~r vacating the premises,
or upon the expiration or other determination of this lease in any other manner,
the Tenant shall forthwith remove 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 removal or otherwise caused during the term of the
tenancy. The Tenant hereby agrees that if he fails to effect such removal
forthwith, that the said equipment, vehicles, chattels, livestock, materials,
effects and things shall be deemed abandoned and worthless, and that the Landlord
may, in Her absolute and unfettered discretion immediately 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.
34. Provided that this lease may be terminated at any time by the Landlord if the said
premises or any part thereof should be required at any time during the currency of
this lease for any purpose, as determined by the Minister of Public Works by giving
to the Tenant sixty days notice in writing signed by or on behalf of the Minister
and either delivered to the Tenant on the premises or at any office of the Tenant,
or mailed addressed to the last known place of business or office of the Tenant,
at any of Her Majesty's Post Offices.
IN WITNESS WHEREOF the parties hereto have hereunto set their hand and seal
respectively as of the date hereinafter mentioned.
SIGNED, SEALED AND DELIVERED )
)
by the Tenant in the Presence of ) DATE
) W. ARTHURS, Mayor
)
)
Witness DATE
B. TAYLOR, Clerk
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
as represented by
THE MINISTER OF PUBLIC WORKS
BY: DATE
M. A. Kraan
Project Site Manager
New Toronto Airport Project
Brougham, Ontario
BY: DATE
P. DC Lorenzi
A/Manager, Finance & Administration
New Toront~ Airport Project
E
~i'- -&. ~
" ""' !J3~!:'..t
SCHEDDLE B DPW ID. NO, 614201-1
CO~RCIAL LEASE
TBIS LEASE made in pursuauce of the Short Forms of Leases Act
BETWEEN:
liER MAJESTY THE QUEEN IN RIGIIT OF CANADA,
as represented by The Hinister of Public Works,
herein~fter referred to as the "Landlord"
OF THE FIRST PART
AND
THE CORPORATION OF THE TOWN OF PIC~ERING,
Picketing Civic Complex,
One The Esplanade, Picketing, Ontario, L]V 6K7,
hereinafter referred to as the "Tenant"
OF THE SECOND PART
~IiEREAS the premises aP~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
aa they are not required for public purposes;
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 18, Concession 6 , To~u of Pickerin§,
l~gional Municipality of Durham , Province of Ontario, comprising 3.13 acres
more or less, being more fully described in registered title instrument numbered
40368 and being outlined in red on the key plan attached hereto as
Schedule "A", and including frame 1-storey sports equipment shed, and known as
Don Beer Memorial Park;
To have and to hold the said premises for the term of FIVE (5) YEARS to be
computed from the FIRST (lst) day of JULY 1991 , and to be fully
completed and ended on the THIRTIETH (30th) day of 3UNE 1~96
Yielding and paying therefor during the said term unto the Landlord, yearly
rent in the s-~, hereinafter specfied, x~x~v~xm~kt~,xlll~n~x~x~i~w*~ each
year as follows:
ONE (1) DOLLAR (SI.DO) FOR EACH YEAR OF THE TERM
due and payable in advance xmx~e~t~x~tsdx~xdu~xe[xear~hx~sa~eeI~
co~ on the First (lst) day of JULY 1991 ,
~~x~x~x~i~~~xxxxxxxxxxxxxi~xxx~ at the Department of
P~lic Works, Property ~na~ement Office, Brougham, ~tario, or at such other
place as the Landlord may in ~riting indicate; ~D ~R PAYING AS ~DITION~
~, the monies and other charges, costs and expenses herein proviged to be paid
by the Tenant.
THE SAID TENANT accepts the demised premises in their-present condition,
AND COVENANTS WITH THE SAID LAIqDLORD:
1. To pay rent and business taxes; and to pay all utility charges, including fuel
for heating, hydro, waters hot water, sewage disposal and garbage re.oval, and
sll other operating and maintenance costs and expenses 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 ~er discretion repair reasonable wear and tear and damase by fire~
lightning and tempest, pro,tided Chat 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 prenttses 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 bis
sole expense any damage to the prentises caused by his wilful or negligent conduct
or that of persons permitted by him to be on the premises;
S. 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 Landlordts sole discretion;
6. The Tenant shall not store or keep on the premises explosives or inflannnable
substances, except liquid fuels for domestic consumption or products reasonably
kept or stored in connection with the Tenantts 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 as a
public playground only;
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 ail 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 arisen8 or
resulting from any act or omission of the Tenant, his servants, licensees, invitees,
guests, students, contractors or agents in usin8 or occupyin8 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;
9. The Tenant shall not allow any ashes, refuse, garbage or other loose or
objectionable ~aterial 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 and wholesome condition, and shall, i~a~ediately before the termination
of the term hereby granted, 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;
lO. If the ter~ 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 assign~ent 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 i~ediately become forfeited and void, and an a~ount 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 de~ised, the Tenant hereby covenants and
agrees with the Landlord that notwithstanding any statute or lay to the contrary,
none of the goods or chattels of the Tenant on the said premises at any time
during the continuance of the ter~ 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 mede by the Landlord, this covenant
and agreement may be pleaded ss an estoppel against the Tenant in any action
brought to test the right to the levying upon any such goods as are named ss
exempted in any such statute or lay, 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 LAItDLORD COVEItAItTS 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 atkributable by
Her to the demised premises;
l&. THE TENAI~T 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 ~onthly rental
payment and such increase in real property taxes shall be deemed to be part of
the rent reserved in this Lease end 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 st the Tenant's expense
PROVIDED that alterations, additions and i~provements 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;
- 4 -
19. During the last two months of the tenancy hereby 8ranted, the Tenant shall
allow prospective tenants to be sdmtt£ed to view the said premises at reasonable
hours a~y day except Sunday on producin8 a written order to that effec~ si~ed
by ~he L~dlord or his a~en~;
20. ~e Landlord shall have the privilege aC al~ reasonable ci~s durin~ the
hereby granted or any extension thereof, by Her agents, servants, con~racCors
~d work~n with requisi~e vehicles and equip~nt, ~o enter on the lands for
the pu~ose of ~king surveys, soil tests, laying roads, erecting sc~ccu~s
~d re~ving obstructions, upon 10 days notice co the Ten~C; the par~ies
coven~ chat such 'en~ for a l[~ted pu~ose or pu~oses shall no~ teenage
~he lease, nor resul~ in the abace~n~ of rent; provided that if such en~
beco~s per~enc and resets in the reduction of ~he area of the leased presses,
an appropriate adjacent of rental shall be negotiated.by the Parties;
I~ is hereby ~derstood and agreed ~hat all chattels and Tenant's fixtures on
the presses at any ti~ shall be liable co distress for rent in arrears, ~d
that all stagutoU provisions n~ or hereafter in force relatinl to exemptions
from distress are hereby waived. In the even~ of ~y default by ~he Tenant
the performance of any of the covenants or agreements herein contained the
~ndlord shall have ~he ri~ on thirty days noCict in vricini ~o ~he Ten~C
~o ~e~nace Chis lease or Co re-enter and cake possession o~ the said presses
~d all acc~ed ren~ shall i~diac~ly become due and payable.
22. P~so for re-enc~ by the said Landlord on non-pay~nC of rent or non-
perforate of coven~Cs;
23. In ch~ case of a seizure or ~orfeiture of the said ce~ for any of the causes
herein sec forch~ the Landlord shall have ~he sa~ ri~ of re-enc~ as is
~iven under the next preceding proviso;
2a. Noc~hsc~ain~ anything herein contained the Landlord's ri~ of re-enC~
hereunder got non-pay~nC of rent or non-perforce of covenants shall beco~
exercisable i~ediac~ly upon dega~c being ~de;
25. If the Tenant remains in occupation of the de~sed presses after the e~iraCion
of ~he term hereby granted ~ichouc a ~riccen agree~nC co the concra~ he shall
no~ be dee~d ~o be a tenant from year Co year buc shall be a ~nchly tenant
only, ac a rental co be dece~ned by the Landlord~ cha~ ~s hoc in excess
~he fair marke~ val~ of the proper~y, payable in advance~ and all the Ce~ and
condi~ions hereof, so far as applicable, shall apply to such ~nthly tenancy;
26. ~y notice given to the Landlord by the Tenant shall be addressed to the
~part~nt o~ Public ~orks, Property Hanage~nt Office, Brougham, Oncario, or
such other place as the Landlord ~y in ~riting indicate, and any notice
~he Landlord to ~he Tenant shall be addressed to the leased presses;
27. ~e Tenant covenants to comply ~ith the laws of my competent authority, including
~ithout restricting the generality of the foregoing, any municipal by-laws ~hich
would apply to the premises if they were not owned by Her HajesCy ~he ~een
Right of ~nada.
28. 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 Mndlord or Her successors or assiins and be
binding upon the Tenant's agents, heirs, executors, administrators, assigns
and successors and ~he ~ndlord's successors or assigns and that ~11 covenants
herein contained shall be construed as being joint and several, and cha~ when
the contest so requires or permits the singular number shall be read as ig the
plural were expressed, and the ~sculine gender as if the feminine or neuter,
as the case ~y be, were expressed;
29. ~e rights of the Mndlord herein ~y be exercised by any official authorized
by the ~inister of Public Works;
~. No ~ember of the House of Co~ons shall be admitted ~o any share or part of
this Agreement or ~o any benefit ~o arise therefrom;
31. If the Tenant shall at any time fail to pay rent as aforesaid, he shall become
liable to pny interemt on nil ~.rh tnstnlmentm of re,~t thnt ho hn~ fnil~,d t~
pay, c~[culated at the rate of 10% per annum from tile 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;
32. The Tenant shall prepay to the Landlord a sum equal to one month's rent, which
pay~ent 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 aC 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 month's cuzrent rent under this lease.
33. The Tenant covenants that, upon the Tenant abandoning or vacating the premises,
or upon the expiration or other determination of this lease in any ocher manner,
the Tenant shall forthwith remove 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 removal or otherwise caused during the term of the
tenancy. The Tenant hereby agrees that if he fails to effect such removal
forthwith, that the said equipment, vehicles, chattels, livestock, materials,
effects and things shall be deemed abandoned and worthless, and that the Landlord
my, in liar absolute and unfettered discretion immediately 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 affecting such removal, and
in returning the premises to an ordinary state of cleanliness and good repair.
34. Provided that this lease may be terminated at any time by the Landlord if the said
premises or any part thereof should be required at any time during the currency of
this lease for any purpose, as determined by the Minister of Public Works by giving
to the Tenant sixty days notice in writing signed by or on behalf of the Minister
and either delivered to the Tenant on the premises or at any office of the Tenant,
or mailed addressed to the last known place of business or office of the Tenant,
at any of Her Majesty's Post Offices.
IN WITNESS WHEREOF the parties hereto have hereunto set their hand and seal
respectively as of the date hereinafter mentioned.
SIGNED, SEALED AND DELIVERED )
)
by the Tenant in the Presence of ) DATE
) W. ARTHURS, Mayor
)
)
Witness DATE
B. TAYLOR, Clerk
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
as represented by
THE MINISTER OF PUBLIC WORKS
BY: DATE
M. A. Kraan
Project Site Manager
New Toronto Airport Project
Brougham, Ontario
BY: DATE
~. De Lorenzi
A/Manager, Finance & Administration
New Toronto Airport Project
306 ....
~o~
314 302
313 ..... ~01
.... 320
...... 300
319":. O0
........ : 309
.~-~..~'~. -..
22-5 ~..~',.-. ......·
.. _ -- "215 200
": ..-214
~ '.-"-213
........ 212 20?-
211
:': 210 -- '
224
/222/221
~[4 L'~,.-~ ~o
SCHEDULE C DPW ID. NO. 614725-1
COmmeRCIAL LEASE
THIS LEASE made in pursuance of the Short Forms of Leases Act
BETWEEN:
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,
Pickering Civic Complex,
One The Esplanade, Picketing, Ontario, LlV 6K7,
hereinafter referred to as the "Tenant"
OF THE SECOND PART
WHEREAS the premises a~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;
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 hereinaftsr referred to as the premises,
situate on, lying in and being part of Lot 19 Concession 6 , Town of Pickering
Regional Municipality of Durham , Province of Ontario, comprising .109 acres
~ore or less, being more fully described in registered title instrum~nt numbered
23471 and being outlined in red on the key plan attached hereto as
Schedule "A"
To have and to hold the said premises for the term of FIVE (5) YEARS to be
computed from the FIRST (lst) day of JULY 1991 , and to be fully
completed and ended on the THIRTIETH (30th) day of JUNE 1996
Yielding and paying therefor during the said term unto the Landlord, yearly
rent in the sums hereinafter specfied, x~t~~l~l~xix~lm~m~x~ilblm each
year as follows:
ONE (1) DOLLAR ($1.00) FOR EACH YEAR OF THE TERM
due and payable in advance xmx~b~xx~l~x~mia~xefxaa~bx~mm~3~xme~[~
c~ on the First (lst) day of JULY 1991 ,
~ax~d~m~xmxxXl~exYir~x~im0t~xx~fxxxxxxxxxxxxxxttxxx~ at the Department of
Public Works, Property Management Office, Brougham, Ontario, or at such other
place as the Landlord may in writing indicate; AND FURTHER PAYING AS ADDITIONAL
RENT, the monies and other charges, costs and expenses herein provided to be paid
by the Tenant.
-2-
THE SAID TENANT accepts the demised premises in their present condition,
MiD COVEIiANTS WITH T~lE SAID LAliDLORD:
1. To pay rent and business taxes; and to pay all utility charges, including fuel
for heating, hydro, water, hot water, sewage disposal and sarbage removal, and
all other operatin$ and maintenance costs and expenses 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 o~n expense;
2. The Tenant shall repair the premises at his own expense, reasonable year and
tear, and danmge 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 preantses any business that may be
deemed a nuisance;
~. The Tenant shall leave the premises in good repair, reasonable wear and tear,
and damage by fire, lightning and tempest only, excepted; not~ithstandin$ 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 persons permitted by him to be on the premises;
5. The Tenant shall not assign or sublet notvithstandin$ 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 infla~nable
substances, except liquid fusls 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 ~y 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 as a
Parkette;
8. The Tenant shall insure the premises st his expense for public liability for
an amount not less than $1,000,000.00 for each occurrence; and that the policy
shall name Her Hajesty the Queen in Right of Canada as co-beneficiary; and
that he shall promptly furnish to the Landlord copies of such policies and their
renewal; and that he shsll instruct his insurers to endorse all such policies to
provide that in the event of any change in them which could affect the Landlord
or in the event of their cancellation the insurer will give notice to the Landlord
thirty (30) days prior to the effective date of such change or cancellation; and
the Tenant covenants that he shall indemnify and save harmless the Landlord from
and against all claims, demands, losses, costs, damages, actions, suits or other
proceedings, by whomsoever made, sustained, brought or prosecuted in any ~atter,
based upon, occasioned by or attributable to any injury or damage arising or
resulting from any act or omission of the Tenant, his servants, licensees, ;nv;tees,
guests, students, contractors or agents in using or occupying the said demised lands
and premises; and the Tenant covenantsthat he shall well and truly observe and
fulfil all lawful provisions and requirements of statutes, regulations, by-laws,
rules and orders relatin$ to the said demised lands and premises;
9. ~e Tenant shall not allow any as~s, ~fuse, sarbsse or other loose or
objectionable material to accumulate in or about the building, yards, driveways,
or passages of ~he said pre~ses, ~d shall at all times keep ~he said premises
in clean and wholeso~ condition, and shall, i~diately before the te~ination
of the term hereby 8r~ted, wash the floors, windows and woo~ork of the said
pre~ses; and that he shall keep the sidewalks and driveways in front and ~t
the sides of the said premises free of snow ~d ice;
10. If the te~ hereby Er~ted or ~he ioods and chattels of the Tenant or ~y assi~ee
or sub-tenant shall be at any ~i~ seized or ~akefl in e~cution or at~achMn~, or
if the Tenant or an~ such assi~ee or 8~-tenant shall Mke an assi~Mnt {o~ the
benefit of creditors or shall becoM ba~rupt or insolvent, or Mke a proposal to
its creditors, or ~ithout the consent of the Landlord bein~ first obtained in
vritinl, shall make a sale, under ~he Bulk Sales Act, in ~espec~ of ~ood8 on the
premises, or bein~ a co.any shall becoM s~Ject to a~y lelisla~ive enactMnt
~latin~ ~o liquidation or ~indins up, either vol~tau or co~ulso~, the said
term shall indiately becoM forfeited ~d void, and an a~ equivalent to
the next ensuin~ three ~nths~ rent shall be at once due and payable;
11. In consideration of the fore~oin~ and of the leasins and lettins by ~he Landlord
to the Tenan~ of the premises hereby de.sad, the Tenant hereby covenants and
asrees vith the Landlord that notwi~hs~ndins any statute or 1~ to ~he contras,
none of the ~oods or chattels of the Tenant on the said pre~ses at any tim
durin~ the continuance of the ~em hereof shall be exempt from le~ by distress
[or ~ent in arrears by the Tenant ~d that upon ~y claim beint mde fo~ such
exemption by the Tenant, or on distress being Mde by the Landlord, ~his covenant
and a~reemnt My be pleaded as ~ estoppel a~ainst the Tenant in any action
brou~h~ ~o test the ri~h~ to the lewins upon any such ~oods as are naMd as
exempted in any such statute or law, the Tenant ~sivint, as he hereby does, all
and eve~ benefit that could or ~t have acczued to him ~der and by virtue
of any su~ sCatu~e or lay but for the above covenant;
12. ~ SAID L~DLO~ COVEH~TS WI~ T~ SA~ ~H~T [or quiet eu~oy~nt. ~hile this
lease is in ~ood s~andins and not re.hated by the Landlord or othe~ise by its
terM; provided that the Landlord shall not be liable to supply water if ~he
e~stini supply is or becoMs inadequate;
13. T~ ~LO~ covenants and a~rees to pay real property taxes attributable by
He~ to ~he de.sad pre~ses;
1~. T~ ~N~T covenants and a~rees to ~d eith the Landlord that if there be an
increase in real pro~erty taxes attributed by the Landlord as beini payable by
~he Landlord iff respect of the de.sad pre~ses, the Tenan~ shall pay such
increase in full upon beins notified thereof, with the next due ~nthly rental
payMnt and such increase in real property taxes shall be dee~d to be part of
the rent rese~ed in this ~ase and the re.dies available to ~he Landlord
' ~elatinE to rent herein and at 1~ shall apply mutatis mutandis thereto;
1~. ~e Ten~ hereby ackn~led~es that he has received the keys of the said premises,
which he a~rees to tatum upon quittint ~e said premises;
16. ~y alterations, additions or i~roveMnts of ~he Tenant are subject to the
p~ior approval of the Landlord in vritinl md must be ~de by a qualified
contractor who is acceptable to the L~dlord, entirely at the Tenant*s expense
PROVIDED that alterations, additions and i~rove~nts to heating, air condi~ionins,
pluming, roof and bearin~ ~alls are prohibited ~less the Landlord ~ives specific
written consent;
17. ~e Tenant ~y re~ve his fixtures if all the rent due heralder has been paid
and such re~val can be ~de ~i~hout inJuU or damage to the property that
cannot be compensated by the Tenant In ~ney; and provided the Tenet covenants
he shall be responsible for prompt restoration or compensation to the satisfaction
of the L~dlord;
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;
4
19. During the last two months of the tenancy hereby granted, the Tenant shall
allow prospective tenants to be aflm4tted to view the said premises at reasonable
hours any day except Sunday on producing a written order to that effect ai~ned
by the Landlord or his agent;
20. The Landlord shall have the privilege at all reasonable times during the ter~
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 adjustment 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 ter~nate this lease or to re-enter and take possession of the said practises
and all accrued rent shall immediately become due and payable.
22. Proviso for re-entry by the said Landlord on non-payment of rent or non-
performance of covenants;
23. In the case of a seizure or forfeiture of the said term for any of the causes
herein set forth, the Landlord shall have the same right of re-entry as ia
given under the next preceding proviso;
24. Not~rlthstanding anything herein contained the Landlord's right of re-entry
hereunder for non-payment of rent or non-performance of covenants shall become
exercisable i,-~ediately upon default being made;
25. 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;
26. ~y notice given to the Landlord by the Tenant shall be addressed to the
Department 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;
27. The Tenant covenants to comply with the laws of my competent authority, including
without restricting the generality of the foregoin8, any municipal by-laws which
would apply to the premises if they were not owned by Her ~ajesty the Queen in
Right of Canada.
28. 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 the 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 contest 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;
29. The rights of the Landlord herein may be exercised by any official authorized
by the Minister of Public Works;
30. 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;
- 5 -
31. If the Tenant shall at any time fail to pay rent as aforesaid, he shall become
pay, calculated at the rate of [OZ per aunum 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;
32, The Tenant shall prepay to the Landlord a sum equal to one month's rent, which
pay~nt shsll be applied in payment of rent for the last ~onth 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 month's current rent under this lease.
33. 171e 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 remove from the premises, all equip~nt, vehicles,
chattels, livestock, materials, effects and thin~s, at any time brouEh~ 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 re~val or othe~ise caused during th~ term of the
tenancy. The Tenant hereby a~rees that if he fails to effect such re~val
forthwith, that the said equipment, vehicles, chattels, livestock, ~terials,
effects and things shall be deemed abandoned and worthless, and tha~ the Landlord
~y, in lief absolute and unfettered discretion i~egiately ~ispose of said chattels
and ~hinEs, in any manner She sees fit. The Tenant further a~rees ~o inde~ify
the Landlord for all expenses incurred by Her, in effectinE such removal, and
tn returning the premises to an ordfna~ state of cleanliness and good repair.
34. Provided that this lease may be terminated ac any time by the ~ndlord if the said
premises or an~ part thereof should be required at any time durini the currency of
this lease for any purpose, as determined by the Minister of Public Works by giving
to the Tenant sixt~ da~s notice in ~ritinE si~ned b~ or on behalf of the Minister
and either delivered to the Tenant on the premises or at any office of the Tenant,
or ~iled addressed to ~he last known place of business or office of the Tenant,
at any of Her Majesty's Post Offices.
IN WITN~S WHEREOF the parties hereto have hereunto set their hand and seal
respectively as of the date hereinafter mentioned.
SIGNED, SEALED AND DELIVERED )
)
by the Tenant in the Presence of ) DaTE
) W. AR~URS, ~yor
)
)
Witness DATE
B. TAYLOr, Clerk
HER MAJESTY ~E QUEEN IN RIGHT OF CANADA
as represented by
THE MINISTER OF PUBLIC WORKS
BY: DATE
M. A. Kraan
Prcject Site Manager
New Toronto Airport Project
Brougham, Ontario
BY: DATE
P. De Lorenzi
A/Manager, Finance & Administration
New Toronto Airport Project
¢ 0 N C £ S $
SCHEDULE D DPSd ID. NO. 614680-2
CO~RCIAL LEASE
THIS LEASE made in pursuance of the Short Forms of Leases Act
BETWEEN:
HER MAJESTYTHE QUEEN IN RIGHT OF CANADA,
as represented by The Minister of Public Works,
herein~fter referred to as the "Landlord"
OF THE FIRST PART
THE CORPORATION OFT HE TOWN OF PICKERING,
Pickering Civic Complex,
One The Esplanade, Picketing, Ontario, L1V 6K7,
hereinafter referred to as the "Tenant"
OF THE SECOND PART
WHEREAS the premises aP~ part of lands expropriated by Her Hajesty 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;
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 , To~n of Picketing
Regional Municipality of Durham , Province of Ontario, comprisin$ .25 acres
more or less, being more fully described in registered title instr,,~nt numbered
1&5942 end being outlined in red on the key plan attached hereto as
Schedule "A", and including easterly barn building, approximately 25' x 100' in size;
To have and to hold the said premises for the term of FIVE (5) YEARS to be
computed from the FIRST (lst) day of JULY 1991 , and to be fully
completed and ended on the THIRTIETH (30th) day of JUNE 1996
Yielding and paying therefor during the said term unto the Landlord, yearly
rent tn the sums hereinafter specfied, x~xm~/m~xmes~t~x~mixht~ each
year as follows:
ONE (1) DOLLAR ($1.00) FOR EACH YEAR OF THE TERM
due and payable in advance x~xi'~e~:/M,~f:xxixl~s~:~xda'~xsfxear_hx~:~:vq~:x~xmsnib~
~ on the First (lst) day of JULY 1991 ,
t/~vm~d~m~xaTrx~l~ex~ix~Zx~lmx~xx~j~x~xxxxxxxxxxxxxx~gxxx~ at the Department of
P~lic Works, Property Management Office, Brougham, ~tario, or at such other
place as the Landlord may in writing indicate; ~D ~T~ PAYI~ AS ~DITION~
~, the monies and other charges, costs and expenses herein provided to be paid
by the Tenant.
- 2 -
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 expenses save only as hereinafter
othezwise 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;
~. 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 persons 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 ordera relating to the said demised lands and premises;
9. The Tenant shall not allow any ashes, refuse, garbage or other loose or
objectionable ~aterial 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 and wholeson~ condition, and shall, i~diately before the termination
of the term hereby grant,d, wash the floors, wind~s 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 an~ such assignee or sub-tenant shall ~ake an assignment for the
benefit of creditors or shall become bankrupt or insolvent, or ~ake 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 beco~ subject to any legislative enactment
relating to liquidation or winding up, either voluntary or compulsory, the said
term shall in~nediately become forfeited and void, and an amount equivalent to
the next ensuing three monthst 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 not~ithstanding any statute or lay to the contrary,
none of the goods or chattels of the Tenant on the said premises at any tima
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 ~ade by the Landlord, this covenant
and agreemant may be pleaded as an estoppel against the Tenant in any action
brought to test the right to the levying upon any such goods aa 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 hav~ accrt~d to him under and by virtue
of any such statute or law but for the above covenant;
12. TRI~ SAID LANDLORD COYEI~ANTS I~ITR Tltlg SAID TENAltT for quiet enjoyment, while this
lease ia in good standing and not terminated by the Landlord or other~ise by its
terms; provided that the Landlord shall not be liable to supply water if the
existing supply is or becomes inadequate;
13. TRE LANDLORD covenants and agrees to pay real property taxes attributable by
Her to the demised premises;
ii. THE TENANT covenants and agrees to and with the Landlord that if there be an
increase in reel 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 manthly rental
payment and such increase in real property taxes shall be deemad to be part of
the rent reserved in this Lease and the remedies available to the Landlord
relating to rent herein and at la~ shall apply ~utatis 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 muds 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 maless the Landlord gives specific
written consent;
17. The Tenant may re~ove his fixtures if all the rent due hereunder has been paid
and such remaval can be made without injury or damage to the property that
cannot be compensated by the Tenant in ~oney; 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;
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19. 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;
20. 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 perm*~ent and results in the reduction of the area of the leased premises,
an appropriate adjustment of rental shall be negotiated by the Parties;
It ia 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 i~diately become due and payable.
22. Proviso for re-entry by the said Landlord on non-payment of rent or non-
performance of covenants;
23. In the case of a seizure or forfeiture of the said term for any of the causes
herein set forth, the Landlord shall have the same right of re-entry as is
given under the next preceding proviso;
24. 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 i~aediately upon default being made;
25. 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;
26. Any notice given to the Landlord by the Tenant shall be addressed to the
Department 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;
27. The Tenant covenants to comply with the laws of my competent authority, including
without restricting the generality of the foregoing, any municipal by-laws which
would apply to the premises if they were not owned by Her Majesty the Queen in
Right of Canada.
28. 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 the Tenant's agents, heirs, executors, administrators, assigns
and successors and the Landlord's ~ruccessors or assigns and that all covenants
herein contained shall be construed as being joint and several, and that when
the contest 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;
29. The rights of the Landlord herein may be exercised by any official authorized
by the Minister of Public Works;
30. 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;
- 5-
31. If the Tenant shall at any time fail to pay rent as aforesaid, he shall become
liable to pay interest on all ~fch tn~tnlment~ of rent that Ilo hn~ failed tn
pay, calculated at the rate of LOZ per annum from the time of such
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;
32, ne Tenant shall prepay to the Landlord a sum equal to one month's rent, which
payraent 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 month's current rent under this lease.
33. The Tenant covenants that, upon the Tenant abandoning ~r vacating the premises,
or upon the expiration or other determination of this lease in any other manner,
the Tenant shall forthwith remove from the premises, all equipment, vehicles,
chattels, livestock, ~terials, 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 removal or otherwise caused during the term of the
tenancy. The Tenant hereby agrees that if he fails to effect such re~val
forthwith, that the said equipment, vehicles, chattels, livestock, materials,
effects and things shall be deemed abandoned and worthless, and that the Landlord
may, in tier absolute and unfettered discretion immediately dispose of said chattels
and things, in any manner She sees fit. The Tenant further agrees to indemmify
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.
34. Provided that this lease may be terminated at any time by the Landlord if the said
premises or any part thereof should be required at any time during the currency of
this lease for any purpose, as determined by the Minister of Public Works by giving
to the Tenant sixty days notice in writing signed by or on behalf of the Minister
and either delivered to the Tenant on the premises or at any office of the Tenant,
or mailed addressed to the last known place of business or office of the Tenant,
at any of Her Majesty's Post Offices.
IN WITNESS WHEREOF the parties hereto have hereunto set their hand and seal
respectively as of the date hereinafter mentioned.
SIGNED, SEALED AND DELIVERED
)
by the Tenant in the Presence of ) DATE
) W. ARTHURS, Mayor
)
)
Witness DATE
B. TAYLOR, Clerk
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
as represented by
THE MINISTER OF PUBLIC WORKS
BY: DATE
M. A. Kraan
Project Site Manager
New Toronto Airport Project
Brougham, Ontario
BY: DATE
P. De Lorenzi
A/Manager, Finance & Administration
New Toronto Airport Project
-- ~ , I i i,- 11~-~ .I : m- _
'j . ~ I~ I(n I~ I
BROCK ROAD
~ I Spfin~ Street
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