HomeMy WebLinkAboutBy-law 2876/88THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2876 /88
Being a by-law to authorize the execution of an
Agreement to amend the Town's Lease from
J.D.S. Investments Limited of office space in the
Pickering Corporate Centre to provide for an
additional 1,126 sq. ft. from August 1, 1485 to
December 31, 1988.
WHEREAS, pursuant to the provisions of the predecessor of section 193 of the Munici-
pal Act, R.S.O. 1980, chapter 302, The Corporation of the Town of Pickering entered
into a Lease dated October 20, 1979 (and subsequently amended by Agreement dated
July 4, 1983) with S.D.S. Investments Limited for the purpose of enabling the Town
to occupy as of July 31, 1988, 6,196 sq, ft. of office space in the Pickering Corpo-
rate Centre; and
WHEREAS, it is necessary to increase the area of the leased space by 1,126 sq. ft.
from August 1, 1988 to December 31, 1988;
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 an Agreement in
the form attached hereto as Schedule A, between J.D.S. Investments
Limited and The Corporation of the Town of Pickering, amending the
Lease between them dated October 20, 1979 (and previously amended by
Agreement dated Suly 4, 1983) for the purpose of increasing the area of
the leased space from 6,196 to 7,322 sq. ft.
BY-LAW read a first, second and third time and finally passed this 19th day of
September, 1988.
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, �
TOWN OF
PICKERING
APPROVED
AS TO FORM
LEGAL DEPT.
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Schedule A
THIS AGREEMENT made in duplicate this 19th day of September, 1988.
B E T W E E N:
J.D.S. INVESTMENTS LIMITED
(the "Landlord")
OF THE FIRST PART,
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THE CORPORATION OF THE TOWN OF PICKERING
(the "Tenant" )
OF THE SECOND PART.
WHEREAS the Landlord and the Tenant entered into a Lease, as of October 20th,
1979. pursuant to which the Tenant leased from the Landlord, subject to certain
conditions, certain premiaea more particularly described therein for a term, including
renewals, expiring Decerober 31et, 1984; and
WHEREAS, by Agreement dated July 4, 1983, between the Landlord and the Tenant,
that Lease was amended in certain reapecta in order to provide for further renewala
thereof; and
W HEREAS, in order to provide for an increase in the area of the Leased Premisea, it
9s necessary to further amend that Leaee in certain respects;
NOW THEREFORE, this Agreement witnesaeth that, in consideration of the sum of
$2.00 now paid by each Party to the other, receipt of which by each is hereby ac-
knowledged, the Parties hereto agree ae follows:
1. In this Agreement, the term "Lease" means the Lease made as of October 20th,
1979, between the Landlord and the Tenant respecting the premises more par-
ticularly deacribed in aection 3.01 therein, as amended by Agreement dated July
4, 1983, between the Landlord and the Tenant.
2, The Landlord and the Tenant acknowledge and agree that each of them is bound
by all the terma and proviaions oF the Lease, as amended hereby.
3. Section 2.04(a) of the Lease is hereby deleted and the following substituted
therefor:
(a) This Lease, the amendment hereto dated July 4th, 1983, the amendment
hereto dated September 19, 1988, and the Schedules and Ridera, if any,
attached hereto and forming a part hereof, together with the Rules and
Regulationa, set forth all the covenants, promisea, agreements, conditions
and underatandinga between the Landlord and the, Tenant governing the
Leased Premisea. �
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4. Section 3.01(b) of the Lease is hereby deleted and the following substituted
therefor:
(b) for the period from and induding April 1, 1980. to and includiag
July 31, 1988, thoae certain premises now erected as part of the
Building and being a part of the second floor thereof, containing
a Rentable Area of Leased Premises of 6,196 square feet, as
outlined in red on the plan attached as Schedule "B-2"; and
(c) for the period from and including August 1, 1988, to and includ-
ing December 31, 1988, and for the period of any subsequent
renewal of this Lease, those certain premises now erected as part
of the Building and being part of the second floor thereof, con-
taining a Rentable Area of Leased Premises of 7,322 square feet.
5. Section 3.04(e) of the Lease is hereby deleted and the foliowing substituted
therefor:
(e) In the event that this lease is renewed pursuant to the proviaions
of part (d) of this section, the Tenant shall have the option of
renewing this Lease for a further term of up to one (1) year on
the same terma and conditions, except for any further right of
renewal, provided that written notice of ita intention to do so is
received by the Landlord on or before December 15, 1988.
6. (1) Section 4.02(b) of the Lease is hereby deleted and the following sub-
stituted therefor:
(b) for the perind from and including April 1, 1980, to and including
July 31, 1988, the aum of $3,356.17 monthly, in advance, on the
firet day of each calendar month, commencing April 1, 1980;
(c) for the period from and including August 1, 1988, to and includ-
ing December 31, 1988, and for the period of any subsequent
renewal of this Lease, the aum of $4,294.50 monthly, in advance,
on the firat day of each calendar month, commencing August 1,
1988.
(2) The last two linea of Section 4.02 are hereby deleted and the following
subatituted therefor:
The Minimum Rent ie based upon an annual rate per square foat
of Rentable Area of the Leased Premises as follows:
From and including October 20, 1979, to and including July 31,
1988 - $6.50 per aquare foot.
From and including August 1, 1988, to and including December
31, 1988 and for the period of any subsequent renewal of this
Lease -$6.50 per aquare foot for the first 6,196 square feet and
$10.00 per square foot for the balance (1,126 square feet).
7. Section 16.07(b) of the Lease is hereby deleted and the following substituted
therefor:
(b) if to the Tenant on or before July 31, 1989;
The Town Manager
The Corporation of the Town of Pickering
1710 Kingston Road
Pickering, Ontario
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and if to the Tenant after July 31, 1989:
The Town Manager
The Corporation of the Town of Pickering
One The Eaplanade
Pickering, Ontario
IN WITNESS WHEREOF the Parties hereto have affixed their respective corporate seals
duly attested by their authorized officera.
SIGNED, SEALED � DELIVERED
0
J.D.S. INVESTMENTS LIMITED
THE CORPORATION OF THE TOWN OF PICKERING
John E. Anderson, Mayor
Bruce Taylor, Clerk
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