HomeMy WebLinkAboutBy-law 3130/89 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3130/89
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 Altona
Community Centre, Brougham Community Centre
and Don Beer Memorial Park (Brougham),
1989-1990.
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 Picketing HEREBY
ENACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute a Lease between The
Corporation of the Town of Picketing 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
31, Concession 9, Picketing, described therein as the Altona Community
Centre from July 1, 1989 to June 30, 1990; and
(b) in the form attached hereto as Schedule B for the use of that part of Lot
18, Concession 5, Pickering, described therein as the Brougham
Community Centre from July 1, 1989 to June 30, 1990; and
(c) in the form attached hereto as Schedule C for the use of that part of Lot
18, Concession 6, Picketing, described therein as the Don Beer Municipal
Park (Brougham) from July 1, 1989 to June 30, 1990.
BY-LAW read a first, second and third time and finally passed this 1st day of May,
1989.
Wayne ArtJ;~drs, Mayo?
BFuce Tayg'or ,/Clerk
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3130189
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 Altona
Community Centre, Brougham Community Centre
and Don Beer Memorial Park (Brougham),
1989-1990.
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,
(a) in the form attached hereto as Schedule A for the use of that part of Lot
31, Concession 9, Pickering, described therein as the Altona Community
Centre from July i, 1989 to June 30, 1990; and
(b) in the form attached hereto as Schedule B for the use of that part of Lot
18, Concession 5, Pickering, described therein as the Brougham
Community Centre from July 1, ]989 to June 30, 1990; and
(c) in the form attached hereto as Schedule C for the use of that part of Lot
18, Concession 6, Pickering, described therein as the Don Beer Municipal
Park (Brougham) from July 1, 1989 to June 30, 1990.
BY-LAW read a first, second and third time and finally passed this 1st day of May,
1989.
Wayne r J~frs, ayor
CObltll£I~C I AL
TIIiS LEASE made in pursuance of the Short i:orm~ of Lea~;es AcL
BETWEEN:
HER HAJESTY THE QUEEN IN RIGHT OF CA~IADA,
as represented by The Hinister of Public Works,
hereinafter referred to as the "Laadlord"
OF THE FJRST
AND
TEE CORPORATION OF THE TO~ OF FICKERING,
1710 Kingston Road, Picketing, Ontario, L1V 1C7,
hereinafter referred to as the "Tenant"
OF 'i[IE SECOND PART
WHEREAS the premises are part of lands expropriated by Her Hajesty for the
purpose of an airport;
AND WIIEREAS it is deemed expedient that the premises be leased for so long
as they are not required for public purposes;
WITNESSETt{ that in consideration of the r~uts, covenants and agreement~
hereinafter reserved and contained, the Landlord doth demise and lea~o unto the
Tenaut, all that messuage or tenement being hereinafter referred t~ :~ the prem{~e~,
situate on, ly]ng in and being part of Lot 31, Concesnlo. 9, l~wn of Picketing.
Regional ~lunicipality of Durham , Province of Outario, compr[s[ug One (1) acres
more or less, being more fully described in registered ~lt]e instrument n.mbered
163700, and being outlined in red on the key plan attached hereto as
Schedule "A", and iucluding single-storey brick veneer building situated thereon;
To have and to hold the said premises for the term of ONE (l) YEAR to be
computed from ~he FIRST (lst) day of JULY 1989 , nnd to be fully
completed and ended on the THIRTIETH (30th) day of JUNE i9 90 ·
Yielding aad paying therefor during the said term unto the Lam[l~rd, yearly
rent in the sums hereinafter specfied, in equal monthly instalments within each
year as follows:
ONE (1) DOLLAR ($1.O0) FOR THE TERM
due and payable in advance
~mm~ on the Firs~ (lst) day of JULY 19 89 ,
gMRx~~x~xRX~x~x~Bxxx~Bxxxxx~ at the Department of
Pubiic Works, Property Management Office, Broogham, Ontario, or at such other
place as the Landlord may in writing indicate; ~D EUR%DER PAYING AS ADDITIO~
~NT, 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 TDE SAID LANDLORD:
1. To pay rent and business taxes; and to pay ali utility charges, including fuel
for heating, hydro, water, hot water, sewage disposal and garbage removal, and
ail 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 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;
~. Tile Teoant shall leave tile premises in good repair, rc~c~w~ble wooer ~,.d tear,
and damage by fire, lightning and tempest only, excepted; notwithsta~dlng the
generality of anything herein contained, the Tenant covenants to repair at his
sole expense any damage to the premises caused by }lis wilful or negligent conduct
or tbat 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 as a
Community Centre;
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: amd that the policy
shall mama }[er Majesty the Queen in Right of Cauada as co-be~eficiary; amd
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 imsurer will give notice to the Landlord
thirty (30) days prior to the effective date of such change or cancellation; amd
the Tenant covenants that he shall indemnify and save harmless the Landlord from
and agsinst all claims, demands, losses, costs, damages, actioms, 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, licemsees, invitees,
guests, students, contractors or agents in using or occupyimg the said demised lands
and premises; and the Tenant covemantsthat he shall well amd 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;
- 3 -
9. The Tenant shall not allow any ashes, refuse, garbage or other ]on~e or
objectionable material to accumulate in or about the building, yards, driveways,
or passages of the said premises, and shall at all times keep tile said premises
in clean and wholesome condition, and shall, immediately 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;
iO. 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 any such assignee 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 ill
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 immediately become forfeited and void, and an amount equivalent to
the next ensuing three months' rent shall be at once due and payable;
ii. 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 notwithstanding any statute or law to the contrary,
none of the goods or chattels of the Tenant on the said premises at any time
during the continuance of tile 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 made by tile Landlord, this covenant
and agreement may be pleaded as an estoppel against tile 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, as he hereby does, ali
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 TIlE SAID TENANT for quiet en.loy,,eut, 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 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 acceptabl~ to the Landlord, entirely at tile 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;
i7. The Tenant may remove his fixtures if all the rent due hereuuder has been paid
and such removal can be made without injury or damage to tile 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;
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 reasoaable
hours any da~' 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 el~ter 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 tile re~toction of the ,qrea of tl~e lensed premises,
a~ appropriate adjustment of rental shall be negotiated by the ['attics;
2.1.,. 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 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 s.nid term f~r
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 l,andlord's rtl!lit ~,f r¢.-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 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,. It is agreed between the parties hereto that every covenant, proviso and agree-
ment herein contained shall enure to the benefit of tile Tenant and tile 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 ail covenants
herein contained shall be c..onstrued 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;
28. The rights of the LandLord herein may be exercised by any official authorized
by the Minister of Public Works;
29. 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;
IE Lho 'fonaLIC shall at any time £al.L to p~y ~enL as uloro~ald~ ILo ~halL
liable to pay interest on all such instalments of rent that
pay, calculated at the rate of 10% per mmum from the
Soch interest shall be deemed to be pa~t of the reut reserved
and the remedies available to the Landlord relating to reut he~c~ aud at Law
shall apply mutatls mutandis thereto;
31, The Tenant shall prepay to the Landlord a su~n equal to one month's rent, which
payment shall be applied in payment of rent for the last month uuder this lease.
In the event that the rent uader this lease is increased, the Tenant shall prepay
to the Landlord at that time a sum equal to the difference betweeu the new a.d
the old rent so that the amount of prepaid rent shall at ail times be equal to
one month's current rent uader this lease.
32. The Tenant covenants that, upon the Tenant abaudoning or vacatku~ the premises.
or upon the expiration or other determination of this ]ease in :my nther mare.er,
the Tenant shall forthwith remove from the pre,,Lses, ali eq.il,,,m~t, vehicles,
chattels, livestock, materials, effects aud thin~%s, at auy time hrm~',ht o~ placed
thereon by the Tenant, and shall also to the satisfactioa of the La.dlord, repair
all and every damage and injury occasioned to the ]m~ds m~d l,r~'.,,is~,a of the
Landlord by reason of such removal or other~ise caused durLuK the term of the
tenancy. The Tenant heresy 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 maimer She sees fit. The 'fenm~t further a~%rees to [udem~[fy
the Landlord for ail expenses incurred by Her. in effecth~K such removal, and
in returuing the premises to an ordinary stale of cleanliness and good repair.
IN WITNESS WIIEREOF the parties hereto have executed this lease by their duly authorized
representatives, aud the corporate seal of THE CORPORATION OF THE TOWN OF PICKERING
has been affixed under the hands of its authorized officers as el Ibc d~,te I£~st above
written.
THE CORPORATION OF THE TOWN OF PICKERING
per Date
W. ARTHURS, Mayor
per DaLe
B. TAYLOR, Clerk
IIER MAJESTY ]lie QUEEN iN RI(;II[' (11,' £:ANAUA
as represcnLed by
TIlE MINISTER OF I'UDLIC WORKS
BY: DaLe
R. Alexander
Froject Site Ha.ager
Ne~ Toronto Ai ri,orr ]'roic'cL
Brougham, OllLario
BY: DaLe
11. Lee
~lauager, Finance & Admiuistration
New Toronto Airport Froject
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C(/NMERCIAL l ,I!,AS F,
TIIIS LEASE made in pursoance of the Short Forms of Leases Act
BEYWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF CANADA,
as represented by The biinister of Public Works,
hereinafter referred to as the "Landlord"
OF TIlE FIRST I'AP, T
AND
THE CORPORATION OF THE TOWN OF PICKERING,
1710 Kingston Road, Picketing, Ontario, L1V 1C7,
here~na~eer re~erred ~o as the "Tenant"
O~ Tile SECOND PART
WHEREAS the premises are 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, coveuants and agreements
hereinafter reserved and contained, the Landlord doth demise and lease unto the
Tenant, ail that messuage or tenement being hereinafter referred to n~ the premises,
situate on, lying in and being part of Lot 18, Coaces~l. on 5 , l'own of Picketing,
Regional Municipality of Durham , Province of Ontario, conlpristng .141 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 "A", and including one-storey frame building and frame storage shed
situated thereon;
To have and to hold the said premises for the term of ONE (1) YEAR to be
computed from the FIRST (lst) day of JULY 1989 , attd to be fully
completed and ended on the THIRTIETH (30th) day of JUNE i990.
Yielding and paying therefor during the said term unto the Landlord, yearly
rent in tile sums hereinafter specfied, in equal monthly instalments within each
year as follows:
ONE (i) DOLLAR ($1.00) FOR THE TERM
due and payable in advance
~m~ on the First (lst) day of JULY 19 89 ,
~NRx~xOrgx~xRl~x~x~xo~xxxx~xxxxx~ at the Department of
Public Works, Property blanagement Office, Brougham, Ontario, or at such other
place as the Landlord may in writing indicate; AND FURTIIER PAYING AS ADDITIONAL
RENT, the monies and other charges, costs and expenses herein provided to be paid
by the Tenant.
- 2 -
TIlE SAID TENANT accepts the demised prentises in their present co~ditioo,
AND COVENANTS WITtl TIlE SAID LANDLORD:
1. To pay rent and business taxes; add to pay ali 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
otherwise provided, at~d to supply proof thereof on de,,and; nnd the Teoaot 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 pre~tises any business that may be
deemed a nuisance;
~. The Tel]ant shall leave the premises tn good repair, rcn~oe;d~l~ w~;,r ~od tear,
aud damage by fire. lightning and tempest oaiy, excepted; notwithstanding the
generality of anything herein contained, tile Tenant covenants to repair at his
sole expense any damage to tile premises caused by bis wilful or negligent conduct
or that of persona 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 tile premises explosives or inflammable
substances, except liquid fuels for domestic consumption or prod.cts 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 tile 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
Community Centre;
8. The Tenant shall insure tbs.'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 blajesty the Queen in Right of Causda as co-beueficiary; mad
that be shall promptly furnish to tile Landlord copies of such policies a~ld their
renewal; and that tie shall instruct his insurers to endorse all such policies to
provide that in thc event of any change in them which could affect the Landlord
or in tile event of their cancellation tile i.surer will give llotice to the Landlord
thirty (30) days prior to tile effective date of such change or ca.cellatio.;
the Tenant covenants that he shall indemnify and save harmless tile Landlord from
and against all claims, demands, losses, costs, damages, attic.s, 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, iavitees,
guests, students, contractors or agents in using or occupying the said demised lends
and premises; and tile Tenant covenants that he shall well a.d truly observe a.d
fulfil all lawful provisions and requirements of statutes, regulations, by-laws,
rules and ordera relatin8 to the said demised lands end premises;
- 3 -
9. The Teuant shall not allow auy ashes, refuse, garbage or other ]oo~c or
objectionable material to accumulate is or about the bu[~d[-g, yards, drLveuays,
or passages of the said premises, and shall at all times keep the said premises
of the term hereby granted, wash the floors, windows and woodw~rk of tho ~nld
premises; aad that he shall keep the sidewalks and driveways lu front and at
the sides of the said premises free of snow aud ice;
10. If the term hereby granted or the goods and chattels of the Tenant or any assignee
benefit of creditors or shall become baokrupt or insolvent, or make a proposal to
its creditors~ or without the couseut of the Landlord beit~g first obtained iu
writing, shall make a sale, under the Bulk Sales Act, tu respect of goods on the
premises, or being a company shall become subject to any legislative enactme.t
relating to liquidation or winding up, either voluntary or compulsory, the said
term shall immediately become forfeited and void, and an amouut oquivale.t to
the next ensuing three months' rent shall be at once due aud payable;
11. In consideration of the foregoing and of the leasiog and letting by the Landlord
to the Tenant of the premises hereby de,~sed, the Tena~]t hereby covenants and
agrees with the Landlord that notwithstanding any statute or law to the coatrary,
none of the goods or chattels of the Teoant on the said premises at any time
during the continuance of the term hereof shall be exempt from levy by distress
for retlt ia arrears by the Tenaet aud that upon any claim being m:~de for such
exemption by the Tenant, or on distress beiug ,mde by the Landlord, this covenant
and agreement may be pleaded as an estoppel against the Te~nnt in auy action
brought to test the rig[%t to the levying upou any ~uch goods a~ are named as
exempted in any such statute or law, the Tenant waiving, as be hereby does, all
and every benefit that could or might have accrued to him u~der a.d by virtue
of any such statute or law but for the above covenat~t;
12. THE SAID L~DLORD COVENAN'['S Wi'ri{ 'rile SAID TENANT for quiet nu[~5'm{'nt, while this
lease is io good standing and not terminated by the Landlord or othcrwlse 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 coveuauts and agrees to pay real property taxes attributable by
Her to the demised pre~ses;
14. 'rile TENET coveuants and agrees to and with tho Landlord that I[ there be nn
increase in real property taxes attributed by the Landlord as b~ing payable by
the Landlord in respect of the de~sed premises, the Tenaut shall Day such
increase in full upon being notified thereof~ with the next dne monthly reutal
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 lle has received the keys of the said premises,
which he agrees to retu~ upon quitting the said premises;
16. Auy alterations, additions or improvements o[ the Tet~ant aro s.bject to the
prior approval of the Landio.rd in writi~lg and must be made by a qualt lied
coutractor who is acceptable to the Landlord, entirely at the 'fenant's expense
PROVIDED that alterations, additions and improvements to beating, air co~ldltioning,
plumbing, roof and bearing walls are prohibited utlless the Landlord gives specific
written consent;
17. The Tenant may remove his fixtures if all the ren~ due hereuuder has been paid
and such reluova[ can be made without injury or damage to the property that
cannot be compensated by the Tena:lt 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 sa~d premises
by fire, lightning, tempest, or otherwise, the Landlord may, il~ ]ts sole
discretion, declare the term hereby granted to be forthwith termi.ated, aud
in such event rent shall be payable up to the time of such destructioa or
partial destruction;
- 4 -
19. During the last two months of the tenancy hereby granted, the Te.ant shall
allow prospective tenants to be admitted to view the said promises at reasonable
hours any da~' except Sunday on prodncing a written order to that effect sigued
by the La~dlord or his agent;
20. The Landlord shall have the privilege at all reasonable ti~e~ during t~e term
hereby granted or any extension thereof, by Her agents, servants, coutractors
and workmen with requisite vehicles and equipment, to enter on the lands for
the purpose of making surveys, ~oil tests, laying roads, erecting str~ctures
and removing obstructions, upon 10 days notice to the Tenant; ~he parties
covenant that such ent~ for a liaffted purpose or purposes shall not terminate
the lease, nor result in the abatement of rent; provided that if such entry
a~l al>propriate ~djustmeut of rc~ta[ shall be u~.gotl;~L~.d by tl~' I'~-LI~,~;
2.1~ It is hereby understood and agreed that all chattels and Tenant's fixtures on
the presses 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 contaieed 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 premises
and all acc~ed rent shall i~ediately become due and payable.
23. In the case of a seizure or forfeiture of the ~ald ter.i f~,r :.~y ~f ibc cr~.~es
herein set forth, the Landlord shall have the same right of re-curry as ~s
given uuder the next preceding proviso;
24. Notwithstanding anything herein contained the l.andlord's rtF, l~t ~[ r~-et~try
exercisable i~edia~ely 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, Outario, or
such other place as the Landlord may in writing indicate, aud any notice from
the Landlord to th~ Tenant shall be addressed to the leased premises;
It is agreed between the parties hereto that every covenant. ~Trov[so 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 context so requires or pemits the singular number shall be read as if the
plural ~ere expressed, and the masculine gender as if the [em[niz~e or neuter,
as the case may be, were expressed;
28. The rights of the Landlord herein may be exercised by any official authorized
by the Minister of Public Works;
29. No Member of the House of Co~ons shall be adn~tted to any share or part of
Ehis Agreement or to any benefit to arise therefrom;
Brock Rood
S~r~n
Tills LEASE made in pursuauce of the Short i:orms of Leases Act
BETWEEt4:
HER :.L~JESTY %'HE QUEEN IN RIGHT OF CANADA,
as represented by The Hinister of Public Works,
hereinafter referred to as the "Laadlord"
OF '[lie FIRST ]'ART
ANI)
TIlE CORPORATION Or" 'HIE rI'Ok~N Of" t'ICKI;I~ING,
1710 K~ngston Road, P~ckering, Ontar$o, LiV ~C7,
hereinafter ~e~erred to as the "Tenant"
OF TIIE ~ECOND PAItF
WHEP~EAS tile premises are part of lands expropriated by lief liajesty for the
purpose of at~ 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 a.d ngreemeuts
hereinafter reserved and contained, tile Landlord doth demise and lease unto the
Tenant, all that messuage or tenement being hereina£ter referred to n~ the premlse~,
situate on, lying in and being part of Lot 18, Conces~lou 6. [owu of Picketing,
Regional Mu~£cipality of Durham , Province of Ontario, cm~q~rlslup, 3.13 acres
more or less, being more fully described in registered title tustrut~eut 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 ONE (1) YEAR to be
computed from the FIRST (lst) day of JULY 1989 , a.d to be fully
completed and ended on the THIRTIETH (30th) day of JUNE 19 90.
Yielding and paying therefor during the said term tmto the !.,q.dl. ord, ye;~r]y
rent in the sums hereinafter specfied, in equal monthly instalme.ts within each
year as follows:
ONE (i) DOLbAR ($1.00) FOR THE TERbl
due and payable in advance
~m~'g on the First (lst) day of JULY 19 89,
~R~xl~t~.~x~l~x~xR~t~x~)~x~x~Rxxxx~RxxxxxR.~ at the Department of
Public Works, Property Management Office, Brougham, Ontario, or at such other
place as tile Landlord may in writing indicate; A~{D FUR'DIER PAYING AS ADDITIONAL
FEN'f, the monies and o~her 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
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 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;
4. 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 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; a.d 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 a,y 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 orders relating to the said demised lands and premises;
- 3 -
9. The Tanrest shall not allow any ashes, re[uso, ?,arba?,e or other loose or
in clean and wholesome condition, and shall, immediately be[ore the ter.l[uation
of the term hereby gra. t~d, wash the f.loors, wlodows and wl~l~dwork t~[ tho gnid
premises; and that he slmlL keep the sidewalks and d~lveways lu front and at
the sides of ~l~a said premises free of snow and ice;
i0. If the term hereby granted or the goods and chatte~s of the Tenant or any assignee
or sub-tenant shall ba at any time seized or taken in execution or attachment, or
benefit of creditors or shall become bankrupt or insolvent, or make a proposal to
its creditors, or without the consent of the Landtord heine first obtained in
writing, shall ~ake a sale, m~der the Bulk Sales Act. iu re~pcct of good~ oa 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 immediately become forfeited and void, and an amount equivalent to
the next ensuing three months~ rent shall be at once due and pnyabJe;
11. In consideration of the foregoing and of the leasimg attd letting by the Landlord
to the Tenant of the premises hereby den~sed, the Teeant hereby covenants and
agrees with the Landlord that notwithstanding any statute or law to the contrary,
none of the goods or chattels of the Teoant on the said premises at any time
during the continuance of the te~ hereof shall be exempt from levy by distress
for rest iu arrears by the Tenaet and that upon any claim being made for such
exemption by the Tenant, or on distress being nmde by the Landlord, this covenant
and agreement may be pleaded as an estoppel against the Tenant tn any action
brought to test the right to the levying upon any ~uch goods as are named as
exempted in any such statute or Law, the Tenant waiving, as he hereby does, ali
and every benefit that could or might have accrued to bis under and by virtue
of any such statute or law but for the above covenant;
12. TIlE SAID L~tDLORD COVEN~TS WITll Tile SAiD TENAN'r for quiet ~n.}oymtmt, while this
lease is in good standing and not terminated by the La~xdlord or otl~erwise 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 attributable by
Her to the demised pre~ses;
14. TIIE TENET 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 denRsed premises, the 2'enant shall pay such
increase in full upon being notified thereof, with the next due n~onthly 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 sro subject to the
prior approval of the Landlord ill 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 at~d improvements to heating, air cottdition~ng,
plumbing, roof and bearing walls are prohibited unless the Landlord gives specific
written consent;
17. The Tesant may remove his fixtures if all the rent due hereunder has been paid
and such ~emoval 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 destructim~ 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.
in such event rent shall be payable up to the time of such destruction or
par tiai destruction;
- 4 -
19. During the last two mo~]ths of the tenancy hereby grnnted, the 'lenant shall
by the Landlord or his agent;
20. The La[tdlord shall have the privilege al all reasonable times during the term
hereby granted or any extension thereof, by ller 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 ent~ for a limited purpose or purposes shall not terminate
It is hereby understood and agreed that all chattels and 'l'enaut's fixtures on
the presses at any time shall be liable to distress for rent i~t 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 l'ena~]t 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 premises
and all accmed rent shall i~ediately become due and payable.
22. Proviso for re-entry by the said Landlord on non-pa}'mcnt of re.t or uon-
herein set forth, the Landlord shall have tl~e seine right ~f ~e-entry as Ls
given under the next preceding proviso;
24. Notwithstanding anything herein contained the La.d~ord's r[?J~t ~,f re-e~try
exercisable in~ediately upon default being made;
25. If the Tenant remains in occupation of the demised premises after the expiration
of the term hereby granted ~ithout a written agreement to the c~utrnry 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 Tenast 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 th~ Tenant shall be addressed to the leased premises;
It is agreed between the parties hereto that every covena.~, proviso ood ogree-
merit herein contained shall enure to the benefit of the ~'eua~t and the ~l'enant'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 assig.s and that all covens.ts
herein contained shall be construed as being joint and several, and that when
the context so requires or pe~its 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;
28. The rights of the Landlord herein may be exercised by any official authorized
by the Minister of Public Works;
29. No Member of the House of Co~ons shall be ad,itted to any share or part of
this Agreement or to any benefit to arise therefrom;
30. if the Te.a.t shall at any tlme fal.L to pay reel as a[oresaLd, he shall become
liable Lo pay interest on ali such instalments of rent that lie has failed to
pay, calculated at the rate of 10% per an.urn from the til.o of ~.ch failure.
and the remedies available to the La~dlord relating to rent hereiu m~d at law
sha±l apply mutatls muta~dls thereto;
~l. The Tenant shall prepay to the Landlord a sum equal to one ,ionth's re.t, 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 sliaL£ i~repay
to tke Landlord at that time a sum equal to the difference between the new and
the old rent so that tile amount of prepaid rent shall at ali times be equal to
or upon t/~e expiratiou or other determinatiol~ of this ]ease iu ;lily other man~er,
the Tenant shall forthwith remove from the premises, ;~1] e,l-il~,,,e'l~t, vehicles,
chattels, livestock, materials, effects mid thi~g~, at a.y tim~ I, eo,H~ht ~r placed
thereon by the Tenant, and shall also to the satisfaction of the Landlord, repair
all and every da~nage and injury occasioned to the ]mldS a.d i~ecmlses ~f the
tenancy. The Teuant hereby agrees that if lie fails to effect such removal
forthwith, that the said equipment, vehicles, chattels, livestock, materials,
effects and things shall be deemed abandoned aud worthless, aud that the I.andiord
may. in ller absolute and unfettered discretion im,ledLately dispose of said chattels
and things, in any manner She sees fit. %he Tenant further agrees to i~denu~£fy
the Landlord for all expenses incurred by Her, in effect[I~g such removal, and
in returnl~g the premises to an ordinary stale of clean,ii,mss a.d good repair.
IN WITNESS WI{EREO~ the parties hereto have executed this lease by their duly outhorized
representatives, al~d the corporate seal of THE CORPORATION O? THE TOWN OF PICKERING
has been af£ixed uader the ha~xds of its authorized o[[Jce~s ;~s ~1 Iht d~,te Ii,st ~bove
written.
THE CORPORATION OF THE TOWN OF PICKERING
per Dg~ L e
W. ARTHURS, Mayor
per Date
B. TAYLOR, Clerk
IIER HAJEST¥ 'lllg QUEEN IN I~l(;lll' 01,' CANADA
as represe. Led by
TIlE MINIS'FEI{ Olr I'UBLIC WORKS
Dale
R. Alexander
Project Site Ha.ager
New Toronto ^irport Project
Brougham, Outario
UaLe
il. Lee
Hanager, Finauc~ & Admi.istration
New Toronto Airport l~roject
-- ~07
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