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HomeMy WebLinkAboutBy-law 2808/88THE CORPORATION OF THE TOWN OF PICKERING BY-LAW N0.2808/88 Being a by-law to authorize the execution of a Lease between the Town and Her Majesty the Queen in Right of Canada, respecting Part Lot 19, Concession 5, Pickering (Former Museum Site, Brougham; 1987/1966). WHEREAS, pursuant.to the provisions of section 208.57 of the Municipal Act, R.S.O. 1480, chapter 302, the council of a municipality may pass a by-law for acquiring, maintaining and operating parks and community recreation centres; NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Lease between the Corporation of the Town of Pickering and Her Majesty the Queen in Right of Canada, in the form attached hereto as Schedule A, for the use of that part of Lot 19, Concession 5, Pickering, described therein as the former museum site in Brougham from December 1, 1987 to November 30, 1988. BY-LAW read a first, second and third time and finally passed this 20th day of June, 1988. / � �w`�`" �—�--. ,% Bruce aylor C r c TOWN OF PICKERING APPROVED AS TO FORM LEGAI DEPT. THE CORPORATION OF THE TOWN OF PICKERING BY-LAW N0.2808/88 Being a by-law to authorize the execution of a Lease between the Town and Her Majesty the Queen in Right of Canada, respecting Part Lot 19, Concession 5, Pickering (Former Museum Site, Brougham; 1987/1985). WHEREAS, pursuant to the provisions of section 208.57 of the Municipal Act, R.S.O. 1980, chapter 302, the council of a municipality may pass a by-law for acquiring, maintaining and operating parks and community recreation centres; NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Lease between the Corporation of the Town of Pickering and Her Majesty the Queen in Right of Canada, in the form attached hereto as Schedule A, for the use of that part of Lot 19, Concession 5, Pickering, described therein as the former museum site in Brougham from December 1, 1987 to November 30, 1988. BY-LAW read a first, second and third time and finally passed this 20th day of June, 1988. ,- �-�-- � � i Bruce Taylor C rk TOWN OF PICtCERING APPROVED AS TO FORM LEGAL DEPT. UPW IU. N0. 614680-2 Sc'.'i�du?.� ^. CO(�PfERCIAL LEASE - CORPORATE THIS LEASE mada la purauanca of Che Short Forms of Leasea Act BSTWEEN: AND HER MAJESTY THE QUEEN IN RIGHT OF CANADA, ae represented by The Minieter of Public Worka, hereinafter referred to ae the "Landlord" OF TAE FIRST PART THE CARE(3RATION OF THE TOWN OF PICKERING, 1710 Kingston Road, Pickering, Ontario, L1V 1C7, hereinafter referred to as the "Tenant" OF THE SECOND PART WFIERSiAS the premises are part of lands expropriated by Her Majesty for the purpose of an airport; AND WHEREAS it ie deemed expedient that the premises be leased for so long ae they are not required for public purpoaes; AND WHEREAS a certified true copy of the Tenant's authorizing resolution is attached hereto as Schedule "B"; WITNESSETH that in consideration of the renta, covenante and agreements hereinafter reserved and contained, the Landlord doth demise and lease unto the Tenant, all that meseuage or tenement being heseinafter referred to as the premiaes, aituate on, lying 1n and being part of Lot 19, Conceseion 5, To�rn of Pickering, Regional Municipality of Durham , Province of Ontario, comprising .z5 acres more or lese, being more fully deacribed in regiatered title instrument numbered 145942, and being outlined ln 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 premisea for the term of ONE (1) YEAR to be computed from the FIRST (lst) day of DECIIIBER 19 87 , and to be fully completed and ended on the THIRTIETH (30th) day of NOVII�IBER 1988 . Yielding and paying therefor during the said term unto the Landlord, yearly rent in the suma hereinafCer epecfied, txxeqawg�caooimt�ac�cxpctxktnxaaeh yracaaxaaxfal8aoosx One yearly payment of TWO (2) DOLLARS ($2.00) due and payable in advance a�xtktxYfzs#x�(3�b�xxl�myanamc�uoxXYxamtax�t�cx�X�Mi1t� RR1epRnrz�ax on the Firat (lat) day of DECEMBER 1987 , s�c#�ec�eem[�mcy�`atxe� bbaxbox��txdstxaxxYlisxiY�c�(jmedc�cxi�cpcm�fxxxxxxxxxxxxx39xxx , at the Department of Public Worke, Property Management Office, Brougham, Ontario, or at auch other place as the Landlord may in writing indicate; AND FURTHER PAYING AS ADDITIONAL RENT, the moniea and othet charges, coata and expenses herein provided to be paid by the Tenant. ; i i h -z- THB SAID TENANT accepte [he demised premiaes in their present condition, AND COVENANTS WITH THE SAID LANDLORD: 1. To pay rent and buainees taxes; and to pay all utility chargea, including fuel for heating, hydro, water, hot water, sewage disposal and garbage temoval, and all other operating and maintenance costs and expenses save only as fieieinafter othenaiae provided, and to supply proof thereof on demand; and the Tenant fur[her covenante to empty the septic tank periodically, at hia own expense; 2. The Tenant shall repair the premiaea aC his own expense, reasonable wear and tear, and damage by fire, lightning and tempest only excepted; the said Landlord may in Her discretion tepair reasonable wear and tear and damage by fire, lightning and tempeat, ptovided that She may in Her discretion enter and view the atate of repair; 3. The Tenant ahall not carry on upon the said premises any businesa that may be deemed a nuisance; 4. The Tenant shall leave the premtaes in good repait, 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 eupense any damage to the premiaes caused by his wilful or negligent conduct or that of peraons permitted by him to be on the premises; 5. The Tenant ehall not assign or sublet notwithstanding any statutory en�ctment to the contrary, without the approval in writing of the Landlord, whicl� approval may be withheld in the Landlord's sole discretion; 6. The Tenant ehall not store or keep on the premises explosives or inflammable substancea, 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 ahall 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 [he Qolicy 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 effect 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 whomaoever 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 demi�sed lends and premises; and the Tenent covenants that he shall well and truly observe and fulfil all lawful provisions and requirements of statutes, regulations, by-laws, rulea and ordera relating to the said demised landa and premises; �� 9. The Teaant ehall not allm,+ any aehes, refuse, garbage or other looae or � objectionabla matarial to accumulata in or about the building, yarda, drivewaye, or paeeage� oi tha said premiaea, and ehall at all timee keep the eaid premisea in clean and wholeeoton condition, and ehall, inuoediately before the termination of the term hereby granted, waeh the floore, windowa and woodwork of the said premieea; and that he ehall keep the eidewalka and drivewaye in front and at the eidee of the said premiaea frea of enow and ice; 10. If the term hereby granted or the gooda and chattele of the Tenant or any aeeignee or eub—tenant ehall be at any time seized or taken in execution or attachment, or if tha Tenant or any auch aesignee or sub—tenant ahall make an aeaignment for the benefit of creditore or ehall become bankrupt or inaolvent, or make a proposal ta ite creditore, or without the coneent of the Landlord being firat obtained in writing, ehall make a eale, under the Bulk Salee Act, in reapect of gooda on the premiees, or being a company ehall become eubject to any legielative enacement relating to liquidation or winding up, either voluntary or compulsory, the eaid term ehall i�ediately become forfeited and void, and an amoimt equivalent to the next enauing three monthe' rent ehall be at once due and payable; 11. In coneideration of the foregoing and of [he leasing and letting by the Landlord to the Tenant of the premises hereby demised, the Tenant hereby covenanta and agreea with the Landlord that notwithstanding any statute or law to the contrary, none of the goode or chattele of the Tenant on the eaid premisea at any time during the continuance of the term hereof shall be exempt from levy by diatrees for rent in arrears by the Tenant and that upon any claim being made for such exemption by the Tenant, or on distresa being made by the Landlord, this covenant and agreement may be pleaded as an estoppel againat the Tenant in any action brought to test the right to the levying upon any such goode ae are named as exempted in any auch atatute or law, the Tenant waiving, as he hereby doea, all and every benefit that could or might have accrued to him under and by virtue of any euch atatute 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 ita terms; provided that the Landlord ahall not be liable to supply water if the exiating eupply is or becomea inadequate; 13. THE LANDLORD covenanta and agreea to pay real property taxes atrributable by Her to the demised premiaes; 14. THE TENANT covenanta and agrees to and with the Landlord that if [here be an increase in real property taxes attributed by the Landlord as being payable by the Landlord in reapect of the demised premisea, the Tenant shall pay such increase in full upon being notified thereof, with the next due monthly rental payment and euch increase in real property taxes shall be deemed [o be part of the rent reserved in thie Lease and the iemedies available to the Landlord relating to rent herein and at law shall apply mutatis mutandie thereto; 15. The Tenant hereby acknowledgea that he has received the keys of the said premises, which he agrees to return upon quitting the said premises; 16. My 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 expenae PROVIDED that alterations, additiona and improvements to heating, air conditioning, plumbing, roof and bearing walls are prohibited unless the Landlord gives specific written conaent; 17, The Tenant may remove his fixtures if all the rent due hereimder has been paid and euch removal can be made without injury or damage to the property that cannot be compensated by the Tenant in �ney; and provided the Tenant covenante he ehall be reaponaible for prompt reatoration or compeneation to the eatiafaction , of th� Landlord; 18. In the event of the destruction or partial destruction of the said premises by fire, lightning, tempest, or otherwise, the Landlord maq, 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 laet two montha of the tenancy hereby Rranted, the Tenant ahall allow proapective tenants to be admitted to view the said premises at reasonable houra any day except Sunday on producing a written order to that effect signed by the Landlord or hia agent; 2U. The Landlord shall have the privilege at all reasonable [imea during the term hereby granted or any extension thereof, by FIer agents, servants, contractors and workmen with requiaite vehiclea and equipment, to enter on [he lands for the purpose of making surveys, soil testa, laying roads, erecting atructures and remnving ohatructiona, upan 10 days notice to the Tenant; the parties covenant that such entry for a limited purpose or purposea ahall noC terminate the lease, nor result in the abatement of rent; provided that iF such entry becomes permanent and reaults in the•reduction of the area of the leased premiaes, an appropriate adjustment of rental shall be negotiated by the Partiea; 21< It ia hereby understood and agreed that all chattels and TenanC's flxtures on the premisea at any time shall be liable to distresa for rent in arreara, and that all stat�tory provisions now or hereafter in force relating to exemptiona from distress are hereby waived. In the event of any default by the Tenant in the performance of any of the covenanta 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 possesaion of the said premises and all acctued 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 is given under the next preceding proviso; 24, Notwithstanding anything heretn contained the Landlord's rigfit of re-entry hereunder for non-payment of rent or non-performance of covenants shall become exercisable immediately upon default being made; Z5. If the Tenant remains in occupatlon of the demised premises afCer 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 detetmined by the Landlord, that is not in excess oE 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 Yublic 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, It 1s agreed between the parties hereto that every covenant, proviso and agree- ment herein contained ahall 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 asalgns and that all covenants herein contained shall be construed as being joint and several, and that when the context so requires or permits the singular number shall be read as if the plural were expressed, and the masculine gender as if the feminine or neuter, as the case may be, were expressed; Zg, The rights of the Landlord herein may be exercised by any official authorized by the Miniater of Public Works; Zq, No Member of the House of Commons shall be admitted to any share or part of this Agreement or to any benefi[ to arise therefrom; - 5 - 30. If the Tanant ehall at any time fail to pay rent ae aforesaid, he shall become � liable to pay intereet on all auch inetalmente of rent that he has failed to pay, calcn].ated at the rate of lOX per annum from the time of euch failure. Such intereet ehall be deemed to be part of the rent reaerved in this lease, and the remediee available to [he Landlord relating to rent herein and at law ahall apply mutatie mutandie thereto; 31. The Tenant ahall prepay to the Landlord a sum equal to one month's rent, which payment ehall be applied in payment of rent for the last month �nder this lease. In the event that the rent under [hie lease is increased, the Tenant shall prepay to the Landlord at that time a eum 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 thia lease. 32. The Tenant covenante that, upon the Tenant abandoning or vacating ehe 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, liveatock, 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 tiie _ Landlord by reason of such removal or otherwise caused during the term of [he tenancy. The Tenant hereby agrees that if he faile 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 ller abaolute 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 a11 expenaes incurred by Her, in ef.fecting such removal, and in returning the premises to an ordinary sta[e of cleanliness and good repair. IN WITNESS WHEREOF the parties hereto have executed this lease by tlieir duly authorizecl representatives, and the corporate seal of 'I'HE CORPORATION OF THE TOWN OF PICKERING has been affixed under the hands of its authorized officers as of the date first above written. THE CORPORATION OF THE TOWN OF PICKERING per per J. ANDERSON (Mayor) B. TAYLOR (Clerk) llate Date HF,R MAJESTY TIIE QUEEN IN RIGfIT OF CANADA as represented by THE MINISTER OF PUBLIC WORKS BY: Date M. Richardson Project Site Manager New Toronto Airport Project Brougham, Ontario BY: Date W. 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