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HomeMy WebLinkAboutBy-law 3168/89 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3168/89 Being a by-law to authorize the acquisition of Part Lot 20, Concession 3, Picketing, (Parts 1 and 2, Plan 40R-941B) from the Municipality of Metropolitan Toronto by Lease and conveyance (Works Centre Expansion) WHEREAS pursuant to section 193, of the Municipal Act, R.S.O. 1980, chapter 302, the Council of The Corporation of the Town of Picketing may pass a by-law for acquiring any land required for the purposes of the Corporation; NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Town shall acquire from the Municipality of Metropolitan Toronto for the purposes of a future expansion to the Town's works yard, (a) that part of Lot 20, Concession 3, Pickering, designated as Part 1, Plan 40R-9418, by a Lease for 99 years at a rent of $2.00 per year with the subsequent conveyance for the sum of $2.00 upon the expiry thereof, and (b) that part of Lot 20, Concession 3, Picketing, designated as Part 2, Plan 40R-9418, for the sum of $23,490. 2. The Mayor and Clerk are hereby authorized to execute all documents required to effect the acquisitions referred to in section 1, including but not necessarily limited to a Lease, in the form attached hereto as Schedule A between the Municipality of Metropolitan Toronto and The Corporation of the Town of Picketing for the use by the Town of that part of Lot 20, Concession 3, Picketing, designated as Part 1, Plan 40R-9418 as a municipal works yard. BY-LAW read a first, second and third time and finally passed this 5th day of June, 1989. Wayne~ Ar t, jFur s, Mayor APPROV'£D 'Bru6e Taylor, Cle?k LEGAL DEF~. THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3168/89 Being a by-law to authorize the acquisition of Part Lot 20, Concession 3, Pickering, (Parts 1 and 2, Plan 40R-9418) from the Municipality of Metropolitan Toronto by Lease and conveyance (Works Centre Expansion) WHEREAS pursuant to section 193, of the Municipal Act, R.S.O. 1980, chapter 302, the Council of The Corporation of the Town of Pickering may pass a by-law for acquiring any land required for the purposes of the Corporation; NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Town shall acquire from the Municipality of Metropolitan Toronto for the purposes of a future expansion to the Town's works yard, (a) that part of Lot 20, Concession 3, Pickering, designated as Part 1, Plan 40R-9418, by a Lease for 99 years at a rent of $2.00 per year with the subsequent conveyance for the sum of $2.00 upon the expiry thereof, and (b) that part of Lot 20, Concession 3, Pickering, designated as Part 2, Plan 40R-9418, for the sum of $23,490. 2. The Mayor and Clerk are hereby authorized to execute all documents required to effect the acquisitions referred to in section 1, including but not necessarily limited to a Lease, in the form attached hereto as Schedule A between the Municipality of Metropolitan Toronto and The Corporation of the Town of Pickering for the use by the Town of that part of Lot 20, Concession 3, Pickering, designated as Part 1, Plan 40R-9418 as a municipal works yard. BY-LAW read a first, second and third time and finally passed this 5th day of June, 1989. Wayne- Art~urs, Mayor PICF, EI~I NG APPROVED ruce Taylor, Cle k Schedule A THIS LEASE made as of May 1, 1988. IN PURSUANCE OF THE Short Forms of Leases Act BETWEEN: THE MUNICIPALITY OF METROPOLITAN TORONTO hereinafter called the "Lessor" OF THE FIRST PART, and THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Lessee", OF THE SECOND PART, WHEREAS that the Lessor is the owner of the lands described in Schedule "A" hereto and has agreed to lease the said lands to the Lessee for the purpose of operation by the Lessee of a municipal works yard. THEREFORE IN CONSIDERATION OF the mutual covenants herein contained, the Lessor and Lessee agree as follows: 1. The Lessor leases and demises to the Lessee the lands described in Schedule "A" hereto for a term of 99 years commencing the 1st day of May, 1988 and expiring on the 30th day of April 2088, for the purpose of operation by the Lessee of a municipal works yard. 2. The Lessee shall pay to the Lessor rent in the amount of $2.00 on the 1st day of each and every year during the term of this lease commencing of the 1st day of May, 1989. 3. The Lessee covenants with the Lessor, (a) to pay rent; (b) to pay all charges (including penalties and interest) for water, electricity and other utilities supplied to the lands described in Schedule "A", directly to the supplier thereof in each case; (c) to pay all taxes assessed against the lands, including local improvements; (d) not to assign or sublet without leave; (e) to use reasonable efforts to ensure that no inflammable or explosive substances are brought onto the lands described in Schedule "A" other than motor vehicle fuel of the vehicles required on the lands in con- nection with the Lessee's operation of a works yard and only while con- tained in normal fuel tanks of such vehicles or in proper storage tanks; (f) to keep the lands described in Schedule "A" in a clean and well ordered condition and not to permit any rubbish, refuse, debris or other objec- tionable material to be stored or to accumulate thereon in such a manner as to constitute a visually objectionable condition; (g) to be solely responsible for any paving or repaying of the lands herein required for the purposes described in clause I hereof and to see to the carrying out thereof expeditiously in a good and workmanlike manner; (h) to comply with all Federal, Provincial and municipal laws, By-laws, regu- lations and rules affecting the lands herein and its use including the obtaining of all necessary licences and permits, at the Lessee~s expense and to indemnify the Lessor against all costs and other liability resulting from the Lessee's failure to so comply; (i) the Lessee accepts the lands herein in the condition existing at the date of commencement of the term of this leaseI that upon failure by the Lessee to comply with any covenants, incumbent upon it under this lease within seven (7) days after written notice requiring such compliance is given by the Lessor to the Lessee the Lessor may enter the demised area and fulfill such covenants at the sole expense of the Lessee, who shall forthwith upon being invoiced therefor reimburse the Lessor who in default of such reimbursement may collect same as rent owning and in arrears; 4. Proviso for re-entry by the Lessor on non-payment of rent or non-performance of covenants. $. The Lessee shall at all times indemnify and save harmless the Lessor from and against any and all manner of claims, demands, losses, costs, charges, actions and other proceedings whatsoever (including those under or in connection with the Workers' Compensation Act of Ontario or any successor legislation) made or brought against, suffered by or imposed on the Lessor or its property in respect of any loss, damage or injury (including fatal injury) to any person or property (including without restriction employees, agents and property of the Lessor or of the Lessee) directly or indirectly arising out of, resulting from or sustained as a result of the Lessee~s occupation or use of, or any operation in connection with the lands or which but for such occupation or use would not have occurred. 6. During the term of this lease the Lessee shall at all times maintain a policy of liability insurance in the amount of not less than $1,000.000.00 and shall be in the joint names of the Lessor and Lessee and all premises therefore shall be paid by the Lessee, 7. The Lessor covenants with the Lessee: (a) If at any time the Lessor determines it no longer requires the lands this lease shall be terminated and the lands will thereupon be conveyed to The Corporation of the Town of Pickering for nominal consideration, closing costs and registration fees to be paid by The Corporation of the Town of Picketing. (b) Upon completion of the 99 year term of this lease the lands will be con- veyed to The Corporation of the Town of Picketing upon the same terms and conditions as clause (~(a). 8. The Lessor covenants with the Lessee for quiet enjoyment. 9. The Lessor consents to registration by the Lessee at the Lessee's sole expense of a Notice of Lease as to the tenancy provided for in this Lease in the appro- priate Registry Office. 10. All rights and remedies of the Lessor under this lease shall be cumulative and not alternative. i1. Any notice pursuant to any of the provisions of this lease shall be deemed to have been properly given if delivered in person, or mailed by prepaid registra- tion post addressed: (i) in the case of notice to the Lessor, to The Metropolitan Commission of Works, 439 University Avenue, 10th Floor Toronto, Ontario MSG 1Y8 (fi) in the case of notice to the Lessee, to (before October 15, 1989) The Clerk The Corporation of the Town of Picketing 1710 Kingston Road Picketing, Ontario L1V lC7 (after October 15, 1989) The Clerk The Corporation of the Town of Picketing One The Esplanade Pickering, Ontario L1V 6K7 or to such other address as either party may notify the other of and in the case of mailing as aforesaid, such notice shall be deemed to have been received by the addressee, in the absence of a major interruption in postal service affecting the handling/delivery thereof, on the third business day (excluding Saturdays in the case of the Lessor as addressee) next following the date of mailing. iZ. This Lease shall enure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF the parties hereto have hereunto affixed their respective corporate seals attested to by the hands of their respective proper officers in that behalf duly authorized. THE MUNICIPALITY OF METROPOLITAN TORONTO THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk SCHEDULE A That part of Lot 20, Concession 3, Picketing' designated as Part 1, Plan 40R-9418. Town of Picketing, Regional Municipality of Durham