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HomeMy WebLinkAboutBy-law 6066/02THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6nR~,/02 Being a by-haw to authorize the execution of a Lease Agreement between The Corporation of the City of Pickering and O.J. Muller Landscape Contractor Ltd. for the leasing of those lands consisting of a stone house and 6.074 acres located on Brock Road North, Pickering, and comprising those parts of Lot 19, Concession 3, Pickering, designated as Parts 2 and 3, Plan 40R-7012. WHEREAS pursuant to the provisions of subsection t91 (1) Municipal Act, R.S.O. 1990, chapter M.45, the Council of The Corporation of the City of Pickering may by by- law lease premises owned by the Corporation; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: The Mayor and clerk are hereby authorized to execute a Lease Agreement in the form acceptable to the City Solicitor for a three (2) year term ending December 31, 2004, between the Corporation of the City of Pickering and O.J. Muller Landscape Contractor Ltd. BY-LAW read a first, second and third time and finally passed this 2nd day of December, 2002. Wayne Arthurs, May~r Bruce Taylor, Clerk , PROPERTY OPERATIONS & EMERGENCY SERVICES DEPARTMENT MUNICIPAL PROPERTY & ENGINEERING DIVISION 1:7500 !NOVEMBER 13/2002 I 2710 BROCK ROAD REPORT TO COUNCIL THIS LEASE made pttrsuant to the provisiems-~s'abseei-vo% 191(1) of the Municiprtl Act, R.S.O. 1990, chapter M.45, as oCthc 1st day off Jamtary 2003. B E T WEEN: THE CORPORATION OF THE CITY OF PI('KEI~ING lnerein called thc "Landlord" OF THE FIRST PART, - and - O.J. MLi[_LER LANDSC.-\PE CONTRACTOI~, I_TD. hei'eit~ called ttqc "To,qatar" OF THE SECOND PART. In consideration el! tile rents, cox'cHams and agreements herei~n co~qtaincd thc Landlord and thc Tenant agree as follows: LEASE AND TER*'I The Landlord hereby leases to thc Tenant those lamds coHsisti~ off a sterne house and 0 t 74 acres located on Brock Road North, Picketing, and comprisi~g tl~osc parts c0I' I_t0t 19, Concession 3. Picketing, designated as Parts 2 and 3, Plan 40R-7012 (herci~q called thc "f%'emiscs")? flor a term (hereiH called the "Term") commencing on the lst day of January 2!1!)3 arid expiring o~n tho 31st day off December 2004 unless the Teml is earlier terminated. 2. RENT Plus G.S.T. (2) The amotmt off tile rent payable by tile Tenant to the Landlocd monthly and cvcrx molath during the Term is: January 1,2003 December 31, 2003 January 1,2004 December 31, 2004 $ 1,500 / month $1,500 / month Place and Manner of' Payment Eacln payment oF rent shall be paid by tile Te~nzmt to tiao i_tmdlord in advaHce, oH thc lSrst day off the month, in lawlk~l money off Canada, at tl~e aiddrcss off tiao Landlord set out in section 18(3) or at such other place as thc Landlord shall IS'otqa ti~2ac to time dcsig~ate, and tho Landlord may require the Tenant to provide post-dated ctacMttos iht' rials pt~rpose. GENERAL COVENANTS ( 1 ) The Landlord covenams with the TcnaHt' (a) (b) for quiet enjoyment: and to observe and pcr/brm all cox e~a~nts and obligt~tious o£the ka~dlocd hel'eilq. (2) The Tenant covenants xxith the Landlord' (a) (b) to pay feral; and to observe and perform all covetlants and obtigatior~s of the Tenant herein. USE AND OCCUPANCY OF PREMISES The Tenant covenants with thc Landlord: (a) Conduct of Business To use and occupy thc property or the Premises during the Term, to cultivate the land fur cash crops and to store and market nursery stock, xvhicln would include natural stone, packaged peat moss and other related landscape materials. Tile outdoor storage area fur these materials are to be in a location that would not be visible fi'om the road. The Tenant covenants to not usc the property or Promises tbr anx use that is in contraxention of any ordinance or laxx; (b) }-iot_ll'S of Operation and Illumination To carry on tile business only between tile hours of 5:3() a.m. and 12:00 midnight, local time. amd not to illuminate any sign or any part of thc Premises ~qo~ contained within a building or structure. except tbr security purposes, bctxxeen 12:01 a.m. and 5:3(~ a.m., local time: (c) Business Name To carry on business on the Premises under thc mmic and style of O.J. Muller Landscape Contractor and under no other name or style unless approved in xx tiring by the Landlord; (d) Appearance, etc. of Premises To maintain and operate the Premises so that they shall ahvavs be of ~ood appearance and suitable for tile proper operation of thc business required to be carried on ther&n and comparable witln tile standards of the best such business, and in so doing, to kccp the Premises orderly, tidy, clean and clear of all refuse; and (e) By-Laws To comply at its own expense with all municipal, federal and provincial sanitary, lire and safety laxvs, regulations and requirements pertaining to thc occupation and usc of the Premises, thc conditions of the Leasehold Improvements. trade lixtures, furniture and equipment installed by oi' on belmlf of thc Tenant tincrcin and thc making 10x the Tenant of any repairs, changes or improvements therein. TAXES ( 1 ) Pa_'mlent bv Tenant Tile Tenant covenants with tile Landlord to pay prompd> xxhen duc to the taxing authority or authorities having jurisdiction, all taxes, rates, duties, lcxics and assessments wlnatsoever, wiaethcr municipal, parliamentary or otherxvise, lexied, imposed or assessed in respect of the Premises and any and every business carried on in thc Promises Dx' thc Tenant, or in respect thc usc or occupancy thereof(including liccncc Ik~cs and including, xx ithout limitation, any G.S.T. and business taxes which max be applicable ). UTILITIES The Tenant covenants with the Landlord that the Temm'~ xxill t>% aLII gas. oil. water, hydro, sewer and electric light charges in connection xx ith 'tilt: Premises. LICENCES, ASSIGNMENT AND SUBLETTING (1) Liccnces The Tenant shall not permit any part of thc Premises to be used or occupied by any persons other than tile Tenant and the employees of thc Tenant, or permit any part of the Premises to be used or occupied by any licensee or concessionaire, or permit any persons to bc upon the Premises other than tile Tenant, its employees, customers and others having lawful business with it. 10. ll. (2) Assim]mcnt and Sublettint~ The Tenant shall not assign this Lease or sublet all or any part of thc Premises. SIGNS (a) T1]c Tenant shall be pen]fitted to maintain an identification sign at or near tile fi:enrage of the Premises on Brock Road. Such sign shall contain only the name or style under which thc Tenant is required to carry on business under the provisions of this Lease unless the l~andlord shall olhem, ise approve in writing. bi Such sign, including tile size. location, arral]gement and t,xt)c of lettering, its coloul', illumination and all its other appearance and desi?n Ikatures shall be subject to the prior written approval of tile Landlord. c) Tile Tenant shall not paint, display, inscribe, place or affix any sign, symbol, notice, lettering or display of any kind anywhere outside thc Premises or xx ithin thc Premises so as to be visible fi'om thc outside of the Premises with the exception of laxxlk~l signs erected on thc Tenant's lands adjacent to the Premises, except with the prior xx riuon consent of tho Landlord. (dy Should the Landlord at any time object to any sign, symbol, notice, lettering or display either affixed to or visible from thc outside of tine Premises, the Tenant shall remove the same forthwith upon request. ABANDONED PROPERTY The Landlord may sell, retain for the Landlord's oxx n usc or otherwise dispose of the property of the Tenant left in the Prelnises if the Tenant has vacated the Premises. DEATH OF A TENANT If' tilt Tenant dies and there arc no other ten]tats of thc l%'emiscs, tho tenancy slnall be deemed to be terminated 30 days after the death of tiao Tenant. LEASEHOLD IMPROVEMENTS AND TRADE FIXTURES (1) Definition of Leasehold hnprovemcnts For purposes of this Lease, the Term "Leasehold Improvements" includes without limitation all fixtures, improvemelats, installations, alterations and additions fi'om time to time made, erected or installed by or on behalf of tile Tenant in Ol- on the Promises. and whether or not moxeablc. with tine exception of trade fixtures, furniture and equipment not of tiao nature of lqxturcs. (2) Installation of Improvements and Fixtures The Tenant shall not make. erect, install et' alter any Leasehold lmprox cmcnts or trade fixtures, including lighting, in or on the Premises xxithout having first obtained thc Landlord's written approval. The Tenant's request for any approval hereunder shall be i~ writing and accompanied by an adequate description o£ the contemplated xx ork and, where appropriate, xvorking drawings and specifications tlnercol: All work to be perlbrmcd on the Premises shall be pertbnned by competent contractors and subcontractors of whom the Landlord slnall have approved, such approval not to be unreasonably withheld. All such xvork shall be su(ject to inspection by and the reasonable supervision of the Landlord. and shall be performed in accordance with any reasonable conditions or regulations imposed bx the Landlord and completed in a good and workmanlike manner in accordance with the description of work approved bx the Landlord. 12. (3) ,~O-!HENTm .......... TO R~PORI'~~ Liens and Encumbranccs on improvements and Fixtures In connection with the making, erection, installation or alteration of Leasehold Improvements and trade fixtures and all other work or installations made by or tbr the Tenant in or on thc Premises, thc Tenant shall comply with all thc provisions of tho Construction Lien Act, and other statutes fi-om time to time applicable thereto, including any provision requiring or enabling tiao retention by way of bold-back of portions of any sums payable, and except as to any such hold- back shall promptly pay all accounts relating thereto. The ]'chant shall not create any mortgage, conditional sale agreement or other encumbrance in respect of its Leasehold ImlwOVCments or, without the consent of thc Landlord. xxith respect to its trade fixtures nor shall thc Tenant take any action as a consequence of xxhich anx such mortgage, conditional sale agreement or other encumbrance would attach to tile Premises or any part thereof. II' and xx honorer any mechanics' or other lion t~r work, labour, services or materials supplied to or lbr thc Tenant or tbr tho cost off which tho Tenant may be in any xxax liable or claims thorolOro shall arise or bc filed or any such mortgage, conditional sale agreement or other encumbrance shall attach, tho Tenant shall within twenty (20) days after receipt of notice d~crcof procure tl~c discharge thcrcof~ including anv certificate of action registered in respect of anx lien, by payment or giving security or in such other manner as may be required or permitted by laxv. and lSdling which tl~c Landlord may in addition to all other remedies hereunder avail i~sclt' of its remedy under section 12 hereof and may make any papnents required to procure ~t~c discharge of any such liens or encumbrances, shall be entitled to bc reimbursed by thc Tenant as proxidcd in section 12, and its right to reimbursement shall not be aftkcted or impaired ii' thc Tenant shall then or subsequently establish or claim that any lien or encumbrance so discharged xx as xx ithout merit or excessive or subject to any abatement, set-off or defence. This subsection shall not prevent the Tenant fi'om mortgaging or encumbering its chattels, furniture or cquipnacnt not of thc nature of fixtures. (4) Removal of hnprovements and Fixtures All Leasehold Improvements, trade fixtures, furniture and equipment shall be removed by tile Tenant from the Premises either during or at tine expiration or sooner termination of tile Term. Such removal shall be at tiao expense oI'tho Tenant. (b) Tine Tenant shall, in tiao case of ox'orx removal either during or at tiao end of tine Term, make good at tile expense of tile Tenant, any dalnago caused to tho l?remiscs by tiao installation and removal of all Leasehold Imtwovements, trade fixtures, furniture and equipment. INSURANCE AND LIABILITY ( 1 ) Tenant's Insurance Tile Tenant shall take out and keet) in throe dt_trill~ tile Term: (a) comprehensive insurance of tile t)pc conlmonlx called general public liability, which shall include coverage Ibr personal liabilitx, contractual liability, tclaants' legal liability, non-owned automobile Iiabilitv. bodily injury, death and property damage, all on an occurrence basis with respect to tiao business carried on in or from thc Premises and the Tenant's use and occupancy of the Premises. with coverage for any one occmTencc or claim of not less than Five Million Dollars (S5,0()(),000), or such other amount as tile Landlord may reasonably require upon not less than six months notice at any time during tlne Term, which insurance shall include tho I.andlord as a named insured and shall protect the Landlord in respect of claims by tiao Tenant as if the Landlord were separately insured; and (b) insurance against such other perils and ill StlCh amounts as tiao Landlord may from time to time reasonably require upon not loss tlnan 9¢) days xvritton notice, sucln requiremcnt to be made on tho basis that fine required insurance is customary at the time for prudent tenants of similar properties. ~ll insL~rance required to be naaintained by the Tenant hereunder shall be on terms m]~ wh~ insurers to which thc Landlord has no reasonable objection. Each policy shall contain a waiver by the insurer of any rights of subrogation or indemnity or any other claim over to which the insurer might otherwise be entitled against the 1.andlord or thc agents or cmployccs of the Landlord, and shall also contain an undertaking by thc insurer that no ma{erial change adverse to thc Landlord or the Tenant will bc made. and thc policy xxill not lapse or be cancelled, except after not less than thirty days written notice to tho Landlord of thc intended change, lapse or cancellation. Thc Tenant shall Furnish to the Landlord. ii' and whenever requested by it, certificates or other evidences acceptable to thc Landlord as to thc insurance fi'om time to time eflDcted by the Tenant and its renewal or continuation in lbrcc, together xx ith evidence as to thc method et'determination of full replacement cost of the Tenant's Lcasd~old Improvements. trade fixtures, lLrniture and cquipmeim and if the Landlord reasonablx cot~cluctcs that the tLll replacement cost has been underestimated, the Tenant shall tbrthx~ith ammgc Ibr any consequent increase in coverage required hereunder. If the Tenant shall lhil to take out. rcncxx and keep in lbrcc such insurance, or if the evidences submitted to the Landlord purs~ant to tl~e preceding sentence arc unacceptable to the Landlord or no such evidences arc submitted within a reasonable period after request therctbrc by the Landlord, then the Landlord may ~ivc to thc Tenant written notice requiring compliance with this section and sp~cil~'ing the respects in xvlnicln thc Tenant is not then in compliance with this section. If the Tenant docs not, within 72 hours or such lesser period as tho Landlord may reasonably require having regard to the urgency of tine situation, provide appropriate evidence of compliance with this section, thc Lanctlorct max'. but shall not be obligated to, obtain some or all of the additional coverage or otlncr insurance which the Tenant shall have failed to obtain, without prejudice to any other rights of thc Landlord under this Lease or otherwise, and the Tenant shall pay all premiums and other expenses incun'cd by the Landlord in that connection as additional rent pursuant to section 12 hereof. (2) Limitation o£ Landlord's Liability The Landlord shall not bc liable for any bodily injury or death of, or loss or damage to any property belonging to tile Tenant or its employees, invitees oi' licensees or any other person in, or about tile Premises. (3) hldenlnitv of' Landlord The Tenant shall indemnil\' and saxe harmless tiao Landlord in respect of: (a) all claims tbr bodily injury or deatln, property damage or other loss or damage arising fi'om fine conduct of any xxork by or any act o~' omission of the Tenant or any agent, employee, contractor, invitec or licensee of the Tenant. and in respect of all costs, expenses and liabilities incurred bv fine Landlord in connection with or arising out of all suctn claims, including tile expenses of any action or proceeding pertaining thereto; (b) any loss, cost, expense ol- damage suffered or incurred by tile Landlord arisiug from any breach by tiao Tenant of any of its covenants and obligations under this l.casc; and (c) all costs, expenses and reasonable legal fees that may be incurred or paid by the Landlord in enforcing against tlnc Tenant tiao covenants, agreements and representations of the Tenant set out in this Lease. RULES AND REGULATIONS The Tenant further covenants xxith tile l'olloxving: (a) To retunn all keys for the Premises prior to the termination of this Lease: (b) (c) To provide to tile Landlord with particulars of all automobiles (which term includes passenger vans and light trucks) to be parked on the Premises and to comply with all by-laws related thereto; The water closets and other water apparatus shall not be used for any purpose other then those tbr which they were constructed and no sweepings, garbage, rubbish, rags, ashes or other substances shall be thrown therein. Any damage resulting to them fi'om misuse or from unusual of unreasonable use shall be borne by the Tenant wino or whose family, guests, visitors, servants. clerks o1' agents shall cause it; (d) (13 (g) (h) (i) (k) (1) ( III ) (n) (o) (P) (q) (r) All awnings or shades over and ~eC~f"~'windows desired by Tenants shall be erected at their own expense: they must be of such shade, colour, material and make as may be prescribed bythe Landlord and shall be put up under thc direction of the Landlord or bis agents; The Tenant must observe strict care not to allow their windows to remain open so as to admit rain or snow. For any injury caused to thc property of thc Landlord by such carelessness the Tenant neglecting this role will be bold responsible: No additional locks shall be placed upon alw door of thc Premises. xx ithout the xx ritten consent of the Landlord which shall be endorsed hereon: No Tenant shall do, or permit an~hing to be done in said Premises or bring or keep anything therein which will in any way increase the risk of fire or the rate of fire insurance on thc Premises, or on property kept therein, or conflict with any of thc rules and ordinances of the Board of Health or with any statute or municipal by-law; Nothing shall be placed on tho outside of' xx indoxx sills or projoctions: The water shall not be left running unless in actual usc in fine leased Promises; spikes, hooks, screws or nails shall not be put into tl~e walls or xvoodxvork ol'tlnc building; If the Tenant desires telegraphic or telephone comacctions, thc Landlord or his agents will direct the electricians as to where and hoxx the xx ires are to be introduced and without such direction no boring or cutting for wires will bo permitted, lt'thc Tenant desires to install, add to or alter, gas or electric light fittings, tbr lighting thc Promises the Tenant must arrange with tho Landlord for the necessm5' connections and no gas pipe or c1cctric wires xxill be permitted which has not been authorized in writing by the Landlord or his agents: No auction sale shall be tncld in thc Premises xx ithout conscm in writing oI'thc Landlord: No stores of coal or any combustible or ofl~nsix'o goods, provisions or materials shall bc kepl upon tl~e Premises: That no assent or consent to changes in or xvaixcr of any part of this agreement in spirit or letter shall be deemed or taken as made. unless thc samc be donc in writing and attached to or endorsed hereon by thc Landlord or his agents: Hardwood floors must be kept clean, xx axed and polished at the expense oft}no Tenant; No heavy fi~rl~itttre shall be moved over floors of fiat, halls, landings or stairs, so as to mark same; Rugs must be so laid to cover all floors so as to suppress any noise that might disturb other The Tenant will be held responsible IUr any damage to tlnc Premises caused by moving thrniture in or out of said Premises; and The Premises be left clean and in good condition at expiration off Term. The Landlord shall have the right to makc such other and further reasonable rules and regulations as in his judgment may from time to time be needful for the safety, care and cleanliness of thc Premises and tbr prescrvation of good order therein and thc same shall bc kept and observed by tenants, their families, visitors, guests, clerks, servants and agents. 14. ACCESS OF LANDLORD ( t ) Inspection and Access The Landlord shall be permitted at any time and fi'om time to time to enter and to have its attthorized agents, employees and contractors enter the Premises for the pulposes o£ inspection, maintenance or making repairs, and the Tenant shall provide t5'oo and unhampered access for tiao purpose, and shall not be entitled to compensation for any inconx'eniencc, nuisance or discomfort caused thereby, but the Landlord in exercising its rights hereunder shall proceed to thc extent reasonably possible so as to minimize imerI'crence xxith tiao Tenant's use and enjoyment of the Premises. (2) Exhibiting Premises The Landlord and its authori/ed agents and employ'cos shall be permitted entry to the Premises during the last six (6) months of tiao Term lbr the purpose cot' exhibiting them to prospective tenants. 15. 16. DELAY AND NON-WAIVER (1) Unavoidable Delay Except as herein otherwise expressly provided, il' and whenever and to the extent that either the Landlord or the Tenant shall be prevented, delayed or restricted in the fulfillment of any obligation hereunder in respect of tile making of any repair, the doin~¢ of any work or any other thing, other than the payment of rent or other monies due, by reason of: (a) strikes or work stoppages: (b) inability to obtain any material, service, utility or labour required to fulfill such obligation' (c) any statute, law or regulation eL or inability to obtain any permission i:rom, any govemnacnt attthoritv having laxx'I~fl jurisdiction preventing, delaying or restricting such fulfilhnent; or (d) other avoidable occurrence. tine time For fullillment of sucln obligation shall be extended during tile period in which such circumstance operates to prex'ont, delay or restrict tin,2 2flfillmont thereol; and the otlner party shall not be entitled to compensation for any inconxe~qicnce, nuisance or discomfort thereby occasioned. (2) Waiver If either tine Landlord or the Tenant slnall ox orlook, excuse, condone or suffer anx default, breacln or non-observance by tile otlner of any obligation lneroundcr, finis shall not operate as et waiver of such obligation in respect of any comimling or subsectulont default, brcacln or non-observance, and no sucln waiver shall be implied bull slnall only bo oft'cctix'o ii' expressed in xx riting. REMEDIES OF LANDLORD In addition to all rights and remedies of tiao Landlord ax ailablc to it in the event of any default hereunder by the Tenant througln improper compliance or nell-compliance with any obligation arising either under this or any other provision of' this Lease or under statute or thc general law tile Landlord' (a) stroll trove the right at all times to remedy or attempt to remedy any default of the Tenant, and in so doing may make any pa)qnents duc or alleged to bo due by thc Tenant to third parties and may enter upon thc Premises ~o do any xxork or other things therein, and in such event all expenses of tiao Landlord in remedying or attempting to remedy such detSmlt shall be payable by the Tenant to tiao lxmdlord as additional rent tbrthwith upon demand. (b) shall have tile same rights and remedies in tile excnt of any non-payment by the Tenant of any amounts payable 10x' the Tenant under any provision of this Lease as in the case of'a non-payment of rent: and (c) if the Tenant shall fail to pay any rom or otlnor amot_tllt from time to time payable by it to tim Landlord hereunder promptl} xx'hen due. shall be entitled, iF it shall demand it, to interest thereon at a rate of flqree per cent (3",,) per atmttm in excess of the minimum lending rate to prime commercial borroxxors fi'om time to time current at thc City's bauk from the date upon which tiao same was dtic until I actual payment thereot2 (2) (3) (4) Remedies Cumulative The Landlord may fi'om time to time resort to anv or all of the rights and remedies available to it in tho event of any dcfault hereunder by the Tenant, thl:ough improper compliance or non- compliance with any obligation arising either under any provision of this Lease or under statute or tile general law, all of which rights and remedies are intended to bc cumulative and not alternative, and the express provisions hereunder as to certain rights and remedies are not to be interpreted as excluding any other or additiol~al rights and remedies available to tile Landlord by statute or the general law. Right o1' Re-Entry on Default or Termination If and whenever the rent tncrebx reserved or other monies payable by the Tenant or any part thereof shall not be paid on the day appointed fur payment thcreot} whether lawthlly demanded or not, and the Tenant shall have iSilod to pay such rent or other monies within fix'c (5) business days after tiao Landlord shall haxc gixcn to thc Tenant notice requiring such payment, or ii'thc Tenant shall broach or l~xil to obsorxo and pcrlbrm any of tho covenants, agreemcms, provisos. conditions and other obligations on tiao part of tho Tenant to be kept, observed or pcrlbrmed hereunder, or if this Lease shall haxo become terminated pursuant to any provision hcrooI', or the Landlord shall have become entitled to terminate this Lease and shall have given terminating it pursuant to any prox ision hcrooL then and in every such case it shall bo lawfi~l tho Landlord thereafter to enter into and upon thc Promises or any part thereof in the name off thc whole and thc same to lnavc again, repossess and enjoy as of its t~nncr estate, an~hing in this Lease contained to thc contrary notwithstanding. Termination and Re-Entry If and whenever the Landlord becomes entitled to re-enter upon tile Premises under any provision of this Lease tho Landlord, in adctition to all other rights and remedies, shall haxe tile right to terminate this Lease tbrthxvith by leaving upon thc Premises notice in xxriting of such termination. Payment of Rent, etc. on Termination Upon the giving by the Landlord of a notice in xx ming terminating this Lease, wlnctlner pursuant to this or any other provision of this Lease. this Lease and tho Term shall tem~inate, rent and any other payments Ibr which the Tenant is liable under this Lease shall be computed, apportioned and paid in full to tine date of such termination, and tiao Tenant shall immediately deliver up possession of the Premises to the Landlord. and tine Landlord may re-enter and take possession oC them. 17. IMPROPER [;SE OF PREMISES; BANKRUPTCY ( 1 ) Bankruptcy, etc. In case xvitlnout the written consent of the Landlord tile Premises shall bc used by any other persons than the Tenant or lbr anx purpose other than that lbr which they were leased, or occupied by any persons whose occupanc> is pt'ohibited by this Lease, or iffthc Premises shall be vacated or abandoned, or remain unoccupied tbr ill,con { ] 5 ) days or lllOl'C xvhile capable of being occupied; or if the balance of thc Term or anx of tl~c ?ods and chattels of thc Tenant shall at any time be seized in execution or aitachmem, or if thc Tcnam shall make any assignment for thc benefit of creditors or any bulk sale. become bankrupt or insoh'ont or take the benefit of any statute now or hemal}er in Ibrcc Ibr bankrupt or insolxom debtors, then in any such case tho Landlord may at its option terminate this Lease by 1cax'in~ upon tiao Promises notice in writing of such temfination and thereupon, in addition to thc payment bx t}ae Tenant of rent and other pa)qnents for which tiao Tenant is liable cHndel' tHiS Lease. rent Ibr tiao CLIlTOIlt naoRth and thc next ensuing three (3) months shall immediately become duo and paid bx tho Tenant. 18. ~ISCELLANEOLiS PROVISIONS (1) Registration of Lease Neither the Tenant nor the Landlord shall register this Lease or a notice ofttnis Lease. (2) Lease Constitutes Entire Aurecmcnt There are no covenants, representations, warranties, agreements or conditions express or implied, collateral or ottnerwise forming part of or in any xvav affecting or relating to tlfis Lease save as expressly set out in finis Lease'. this Lease constitutes the entire agreement between thc Landlord and tiao Tenant and may not be modified except as heroin explicitly provided or except by agreement in writing cxecuted by tiao Landlord and thc Tenant. (3) Notices Any notice required or contemplates bx' anx proxision hereof shall be given in writing, and (a) it' to tile Landlord. either delix-erod to the City Clerk personally or mailed by prepaid registered mail addressed to the City Clerk at Picketing Civic Complex, One Tile Esplanade, Pickering, Ontario L1V (>K': and (b) it' to tile Tenant, eittncr delivered to O.,1. Nlullcr Landscape Contractor personally or mailed by prepaid registered mail addressed to O.J. Muller Landscape Contractor at Brock Road Norttn, Picketing, Ontario. Every such notice shall be deemed to hax'c been given when dclixered or, it' mailed as atbresaid, upon the day after fine da,,' it is mailed. Either party may fi'Olin time to time by notice in writing to the other, designate anotlner address in Canada as the address to whicln notices are to be mailed to it. (4) Interpretation All of fine provisions of this Lease arc to be construed as coxcnants and agreements as thougln words importing such covenants and agreements were used in each separate provision hercoL and the captions appearing tbr tho provisions o1' this Lease have bccn inserted as a matter convenience and for reference onlx and in no xx ay del]nc, limit or enlarge tho scope or moaning et`this Lease or of any provision hereof. (5) Extent of Lease Obligations Ttfis Lease and everything herein contained shall enure to fine benefit of`and be binding upon the respective heirs, executors, administrators and other Icgal representatives, as the case may be, of each party hereto, and every rel~rence herein to any party hereto shall include the halts, executors, administrators, and other legal represcntatix cs of sL~ch party. 19. RIGHT OF FIRST REFUSAL The Tenant lnerein acknov, lcdgcs that. notxx ithstanding any other twox isions of tine Lease Agreement for the Premises, there is no riglnt of' first refusal in favour of thc Tenant xxith respect to the Premises herein and tile Tenant releases any claims against fine Landlord in respect thereof. 20. SEVERABILITY Should any provision or provisions of fids Lease be illegal or not enlbrceable, it or they shall be considered separate and severable fi'om tine I,ease and its remaining provisions shall remain in force and be binding upon the parties thereto as though the said provision or provisions had never been included. IN WITNESS WHEREOF the Parties hereto have hereunto affixed their respective Corporate Seals attested to by thc hands of their authorized officers. SIGNED, SEALED AND DELIVERED THE CORPOR.-\TION OF-1-} t E ('IT¥ OF P1CKERiNG \Vavnc Arthurs. N, Iavor Bruce Tavior. Clerk O.J. Nlullcv Landscupc Contractor Ltd. O.J. Nluller. President /ease/l. OOO l/mi,s'c/l~ea,sc'