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HomeMy WebLinkAboutBy-law 3522/90 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3522./90 Being a by-law to authorize the execution of an Agreement to renew, for the period September 1, 1990 to August 31, 1992, .the. Lease dated August 26~ 1976 between t. he Municipality of Metropolitan Toronto and the Corporatton of the Town of Pickering respecting Part Lot 12, Concession 5, Pickering (Museum Parking Lot). WHEREAS pursuant to the provisions of sections 193 and 208.57 of the Municipal .Act, R.S.O. 1980, chapter 302, the Council of the Corporation of the Town of Picketing deems ~t desirable to renew, for the period September 1, 1990 to August 31, 1992, the Lease dated August 26, 1976 respecting part of Lot 12, Concession 5, Picketing from the Municipality of Metropolitan Toronto for museum parking purposes; NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENAC-'rs AS FOLLOWS: 1. The Mayor and Clerk are hereby authori.zed to execute a Lease Renewal Agreement dated August 8, 1990, renewing, for the period September 1, 1990 to August 31, 1992, the Lease dated August 26, 1976 respecting that part of .Lot 12, Concession 5, Picketing more particularly described therein, between the Municipality of Metropolitan Toronto and the Corporation of the Town of Picketing for museum parking purposes, which Lease Renewal Agreement shall be in the form attached hereto as ScheduleA. BY-LAW read a first, second and third time and finally passed this/~h day of August, 1990. . THIS INDENTURE OF FURTHER LEASE RENEWAL made in 0uadruplicate this~44~iay of gu u q+. 1990, IN PURSUANCE OF THE Short Forms of Leases Act B£TWEEN: THE MUNICIPALITY OF METROPOLITAN TORONTO (hereinafter called "Metropolitan Corporation") OF THE FIRST PART and - THE CORPORATION OF THE TOWN OF PICKERING (hereinafter called "the Lessee) OF THE SECOND PART WITNESSES THAT: WHEREAS by Indenture of Lease dated the 26th day of August, 1976 (hereinafter called "the 1976 Indenture"), the Metropolitan Corporation leased to the Lessee and the lands in the Town of Picketing in the Regional Municipality of Durham, consisting of that part of Lot 12, Concession 5, more particularly described therein (hereinafter called "the Leased Lands") for use for parking purposes for a term expiring the 31st day of August 1981; and WHEREAS by Indentures of Renewal of Lease dated the 16th day of January, 1984, and the 3rd day of October, 1986, and the 19th day of July, 1989, the Lessee's tenancy was extended until the 31st day of August 1990; and WHEREAS the parties have arranged that the Lessec's tenancy is to bc renewed for a further Two (2) Years on the terms and condition hereinafter set out, 1N CONSIDERATION OF the mutual covenants herein contained, the parties hereto hereby agree as follows: 1. The Lessee's tenancy of the Leased Lands is hereby renewed for a Further Renewal Term of TWO (2) YEARS, commencing the 1st day of September, 1990 and expiring the 31st day of August, 1992 on the same terms and conditions set out in the 1976 Indenture, except that: (i) the rent shall be THREE HUNDRED AND SIXTY-TWO DOLLARS ($362.00) annually payable in advance on the first day of September in each year of the tenancy, commencing thc Ist day September, 1990; (ii) thc Lessee shall through the Further Renewal Term pay all taxes attributable to the Leased Lands, including those for local improvements and business taxes, directly to the Town of Picketing; (iii) there shall be no unilateral right of renewal as set out in clause 2(b) of the 1976 Indenture; (iv) the presumption of receipt set out in clause 2(c) of the 1976 Indenture shall apply only in the absence of a major interruption in postal service affecting the handling/delivery of the notice therein referred to; (v) the Lessee shall throughout the Further Renewal Term at its own expense maintain insurance coverage toward its potential liability under clause 1(1) of the 1976 Indenture in an amount not less than TWO MILLION DOLLARS ($2,000,000.00) with an insurer unobjectionable to thc Metropolitan Treasurer acting reasonably, under a policy acceptable in form and content to the Metropolitan Treasurer and shall proOidc proof of the existence of such coverage satisfactory to the Metropolitan Treasurer from time to time as requested by him. 2. This Indenture shall enure to the benefit of, and be binding upon, the parties hereto and thcir respective successors and (where rccluired, permitted) assigns. -2- IN WITNESS WHEREOF thc parties hereto have hereunto affixed their respective corporate seals attested to by thc hands of their respective proper officers in that behalf duly authorized. SIGNED, SEALED AND DELIVERED ) THE MUNICIPALITY OF METROPOLITAN ) TORONTO ) ) ) ) Metropolitan Clerk ) ) ) ) ) Treasurer ) ) ) ) THE CORPORATION OF THE TOWN OF ) PICKERING ) ) ) ) ) Mayor, Wayne Arthurs ) ) ) ) ) ) Clerk, Bruce Taylor THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3522/90 Being a by-law to authorize the execution of an Agreement to renew, for the period September 1, 1990 to August 31, 1992, the. Lease dated Augast 26, 1976 between the Municipahty of Metropolitan Toronto and the Corporation of the Town of Pickering respecting Part Lot 12, Concession 5, Pickering (Museum Parking LoO. WHEREAS pursuant to the provisions of sections 193 and 208.57 of the Municipal Act, R.S.O. 1980, chapter 302, the Council of the Corporation of the Town of Pickering deems it desirable to renew, for the period September 1, 1990 to August 31, 1992, the Lease dated August 26, 1976 respecting part of Lot 12, Concession 5, Pickering from the Municipality of Metropolitan Toronto for museum parking purposes; NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authoriz, ed to execute a Lease Renewal Agreement dated August 8, 1990, renewing, for the period September 1, 1990 to August 31, 1992, the Le~e dated August 26, 1976 respecting that part of Lot 12, Concession 5, Picketing more particularly described therein, between the Municipality of Metropolitan Toronto and the Corporation of the Town of Pickering for museum parking purposes, which Lease Renewal Agreement shall be in the form attached hereto as Schedule A. BY-LAW read a first, second and third time and finally passed this/l~h day of August, 1990. Wayne-ArtJ~ffrs, Mayor TOWN C,F APPROV£O AS TO FORM DEPT. c¼ec] : ie A . THIS INDENTURE OF FURTHER LEASE RENEWAL made in quadruplicate this~day or, t ust, 1990. IN PURSUANCE OF THE Short Forms of Leases Act BETWEEN: THE MUNICIPALITY OF METROPOLITAN TORONTO (hereinafter called "Metropolitan Corporation") OF THE FIRST PART and - THE CORPORATION OF THE TOWN OF PICKERING (hereinafter called "thc Lcsscc) OF THE SECOND PART WITNESSES THAT: WHEREAS by Indenture of Lease dated the 26th day of August, 1976 (hereinafter called "the 1976 Indenture"), the Metropolitan Corporation leased to the Lessee and the lands in the Town of Picketing in the Regional Municipality of Durham, consisting of that part o£ Lot 12, Concession 5, more particularly described therein (hereinafter called "thc Leased Lands") for use for parking purposes for a term expiring the 31st day of August 1981; and WHEREAS by Indentures of Renewal of Lease dated the 16th day of January, 1984, and the 3rd day of October, 1986, and the 19th day of July, 1989, the Lessee's tenancy was extended until the 31st day of August 1990; and WHEREAS the parties have arranged that the Lessee's tenancy is to be renewed for a further Two (2) Years on the terms and condition hereinafter set out, IN CONSIDERATION OF the mutual covenants herein contained, the parties hereto hereby agree as follows: 1. The Lessee's tenancy of the Leased Lands is hereby renewed for a Further Renewal Term of TWO (2) YEARS, commencing the 1st day of September, 1990 and expiring the 31st day of August, 1992 on the same terms and conditions set out in the 1976 Indenture, except that: (i) the rent shall be THREE HUNDRED AND SIXTY-TWO DOLLARS ($362.00) annually payable in advance on the first day of September in each year of the tcnancy, commcncing thc Ist day September, 1990; (ii) the Lessee shall through the Further Renewal Term pay all taxes attributable to the Leased Lands, including those for local improvements and business taxes, directly to the Town of Pickering; (iii) there shall be no unilateral right of renewal as set out in clause 2(b) of the 1976 Indenture; (iv) the presumption of receipt set out in clause 2(c) of the 1976 Indenture shall apply only in the absence of a major interruption in postal service affecting the handling/delivery of thc notice therein referred to; (v) the Lessee shall throughout the Further Renewal Term at its own expense maintain insurance coverage toward its potential liability under clause I(1) of the 1976 Indenture in an amount not less than TWO MILLION DOLLARS ($2,000,000.00) with an insurer unobjectionable to the Metropolitan Treasurer acting reasonably, under a policy acceptable in form and content to thc Metropolitan Treasurer and shall pro~,ide proof of the existence of such coverage satisfactory to thc Metropolitan Treasurer from time to time as requested by him. 2. This Indenture shallcnure to thc benefit of, and be binding upon, the parties hereto and their respective successors and (where required, permitted) assigns. -:2- IN WITNESS WHEREOF the parties hereto have hereunto affixed their respective corl~orate seals attested to by the hands of their respective l~rol~er officers in that behalf duly authorized. SIGNED, SEALED AND DELIVERED ) THE MUNICIPALITY OF METROPOLITAN ) TORONTO ) ) ) ) Metropolitan Clerk ) ) ) ) ) Treasurer ) ) ) ) THE CORPORATION OF THE TOWN OF ) PICKERING ) ) ) ) ) Mayor, Wayne Arthurs ) ) ) ) ) ) Clerk, Bruce Taylor