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HomeMy WebLinkAboutBy-law 2216/86THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2216/86 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), 1986-1987. 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 Pickering and [{er Majesty the Queen in right of Canada, in the form attached hereto as Schedule A for the use of that part of Lot 31, Concession 9, described therein as the Altona Community Centre from July 1, 1986 to June 30, 1987; and (b) in the form attached hereto as Schedule 13 for the use of that part of Lot 18, Concession 5, described therein as the Brougham Community Centre from July 1, 1986 to June 30, 1987; and (c) in the form attached hereto as Schedule G for the use of that part of Lot 18, Concession 6, described therein as the Don Beer Municipal Park (Brougham) from July 1, 1986 to June 30, 1987. BY-LAW read a first, second and third time and finally passed this 5th day of May, 1986. TOWN OF PICKERING APPROVED AS TO FORM LEGAL DEPT. SCHEDULE A ul'w ID. NO. 614632-1 CO}LMERCIAI, LEASE - CORJ'OllA'rE THIS LEASE made in triplicate tile 1986'in pursuaace of tUe Short Forms of Leases Act day of BETWEEN: HER MAJESTY TIIE QUEEN IN RIGItT OF CANADA, as represented by The Minister of Public Works, hereinafter referred to as the "Landlord" OF TIlE FIRST PART AND AND TIlE CORPORATION OF THE TOWN OF FICKERING, 1710 Kingston Road, Pickering, Ontario, hereinafter referred to as the "Tenant" OF THE SECOND PART WHEREAS tile premises are part of lands expropriated by Iler Majesty 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, covenants and agreements herein- after reserved and contained, the Landlord doth demise and lease unto the Tenant, all that messuage or tenement being hereinafter referred to as the premises, situate o., lying in and being part of Lot 31, Concession 9 , Town of Ptckering , Regional Municipality of Durham , Province of Outario, comprising One (1) acres more or less, being more fully described in registered title instrument nu~)ered 163700, and being outlined in red on the key plan attached hereto as Schedule "A", and including single-storey brick veneer building situated thereon; To have and to hold tile said premises for the term of ONE (1) YEAR to be computed from the FIRST (lst) day of JULY 1986 , and to be fully completed and ended on the THIRTIET}I (30th) day of JUNE 1987 . Yielding and paying therefor during the said term unto the Landlord, yearly ~ent in the sums hereinafter specified, x~q~k'~x~ga~m~m~gx~i~hi~x~a~h ~eaxxasxfm~r~x ONE (1) DOLLAR ($1.00) FOR THE TERM due and payable in advance on the First (lst) day of JULY 1986 ~~~~ ~R , at the Department of Public Works, Property Management Office, Brougham, Ontario, or at such other place as the Landlord may in writing indicate; ~D FURTHER PAYING AS ADDITIONAL RENT, the monies and other charges, costs and e~enses herein provided to be paid by the Tenant. THE SAID TENANT ~ccepts the demised premises in their present condition, AND COVENANTS WITH TI{E 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, ahd ~ all other operating and maintenance costs and expenses save only as hereinafter otherwise provided, and to supply proof thereof on demand; sad the Tenant further covenants to empty the septic tank periodically, at his own expense; 2. 1lie 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 tler discretion repair reasonable wear and tear and damage by fire, lightning and tempest, provided that Site may in Iler 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; The Tenant shall leave the premises in good repair, reasonable wear and tear, and damage by fire, lightning and tempest only, excepted; notwithstanding tile generality of anything herein contained, tile 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 tile approval in writing of the [,andlord, 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 conueetion with the Tenant's permitted lawful uses of tile demised property; The Tenant shall not do or permit to be done on the said premises anything which may be annoying to tile Landlord, or which the Landlord may deem to be a nuisance, and that tile Tenant shall use and occupy tile said premises as a Community Centre; 8. 111e Tenant shall insure the premises at |lis expense for public liability for an amount not less than $1,000,000.00 for each occurrence; and that he, with some Insurance company or companies reasonably satisfactory to the Landlord, ~ shall take out and maintain with respect to the demised premises and the Tenant's use and occupation thereof fire' insurance policies Jn the amoant of the actual cash value of the premises, and that the policy shall name ]1er 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 hfs 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 cancellatibn 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 ill any matter, based npon, occasioned by or sttrtbatable to any injury or damage arising or resulting from any act or omission of the Tenant~ his servants, licensees, invttees, gnests, 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 ]awfal provisions and require- ments 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 loose or objectionable material to accumulate in or about the building, yards, driveways, or passages of the said premises, n.d sh,n.ll at all [tme~ keri, the said premises in clean and wholesome condition, and shall, irm.edfalely before tile termination of tile term hereby granted, wash tile floors, windows and woodwork of the said premises; and that be shall keep the sidewalks a.d driveways in front and at the sides of the said premises free of snow and ice; 10. If tile 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 executiou or attachment, or if the Tenant or any such assignee or sub-tenant shall make all assignment for the benefit of creditors or shall become bankrupt or insolvent, or make a proposal to its creditors, or withbut the consent of the Landlord being first obtained in 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 equtvaleot to tile next ensuing three months' rent shall be at ouce due aud payable; 11. In consideration of the foregoing and of tile leasing and letting by tile Laodlord to the Tenant of the premises hereby demised, the Tenant hereby covenauts and agrees with the Landlord that notwithstanding any statute or law to the contrary, none of tile goods or chattels of the Tenant on tile said premises at any time during tile continuance of the term hereof shall be exempt from levy by distress for rent in arrears by the Tenant and that upon soy claim be. lng made for such exemption by tile Tenant, or on distress being made by the Landlord, this covenant and agreement may be pleaded as an estoppel against the Tenant in ally action brought to test tbe right to the levying upon any such goods as are named as exempted in any such statute or law, tile Tenant waiving, an he hereby does, all I and every benefit that could or might bare accrued to him under and by virtue ~ of any such statute or law but for tile above covenant; 12. TIlE SAID LANDLORD COVENANTS WITII THE SAID TENANT £or quiet euJoyment, while this lease is in good standing and not terminated by the Landlord or otherwise by its eerms; provided that the Landlord shall not be liable to supply water if the existing supply is or becomes inadequate; 13. TIlE LANDLORD covenants and agrees to pay real property taxes attributable by tler to the demised premises; 14. TIlE TENANT covenants and agrees to end with tile Landlord that If there be an Increase in real property taxes attributed by tile 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 · paymeut and such increase in real property taxes shall be deemed to be part of the rent reserved in this Lease and tile remedies available to tile Landlord relating to rent herein and at law shall apply mutatis mutaudis thereto; i5. The Tenant hereby acknowledges that he has received the keys of tile 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 coutractor who is acceptable to tile Landlord, entirely at the Tenant's expense PROVIDED that alterations, additions and improvements to heating, air conditioning, plumbing, roof and bearing walls are prohibited unless tile Landlord gives specific written consent; 17. The Tenant may remove his fixtures if all tile rent due hereunder has been paid and such removal can be made without injury or damage to the property that cannot be compensated by the Tenant in money; and provided tile Tenant covenants he shall be responsible for prompt restoration or compensation to the satisfaction of the Landlord; 18. In the event of fire, lightning or te,gest, rent shall cease until the premises are rebuilt; such rebuilding shall be in the Landlord's sole discretion; 19. In the event of the destruction or partial destr, ction of the maid premises, the Landlord may declare tbe term hereby greeted to be forthwith terminated, and tn such event rent sball be payable up to tbe time of such destruction or partial des truction; - 4 - 20. During the last two months of the tenancy hereby granted, the Tenant shall allow prospective tenants to be admitted to view the said premtses at reasonable hours any day except Sunday on producing a written order to that effect sigued by the Landlord or his agent; 21. The Landlord shall have the privilege at all reasonable tlmes during the term hereby granted or any extension thereof, by ller agents, servants, contractors land workmen with requisite vehicles and equipment, to enter on the lands for the purpose of making surveys, soil tests, .laylng road~, erectIog strnct.tes and removing obstructions, upon lO 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 ff such entry ~becomes permanent and results in the reduction of the area of the leased premises, an appropriate adjustment of rental shall be negotiated by the Parttes; 22. It is hereby understood and agreed that all chattels and Tenant's ftxtnres ua the premises at any time shall be liable to d~stress for rent In arrears, and ~tbat all statutory provisions now or hereafter iu force relating to exemptfo.s from distress are hereby waived. In the event of any default by the Teoant in the performance of any of the eoveuants or agreements hereiq cootatned the Landlord shall have the right on thirty days notice in writl.g to the 'l'enm, t 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. 23. Proviso for re-entry by the said Landlord au non-payment of reut or non- ~ performance of covenants; 2~. In the case of a seizure or forfeiture of the sn[d term for a.y of the causes herein set forth, the Landlord shall have the same right of re-eutry as is given under the next preceding proviso; 25. Notwithstanding anything herein contained the lmudlord's right of re-entry hereunder for non-payment of rent or non-performauce of covenaute shall become exercisable immediately upon default being made; 26. If the Tensut remains iu 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, st s rental to be determined by the Landlord, that ts not In excess of the fair market value of the property, payable tn advance, and all the terms and conditions hereof, so far as applicable, shall apply to such monthly tenancy; 27. Any notice given to the Landlord by the Teon. t shall be addre.qsed to tim Department of Public Works, Property Management Office, llroughsm, Ontario, or such other place ss the Landlord may in writing tudtcate, end any notice from the Landlord to the Tenant shall be addressed to ~tl:c !ex:cd premi:cc;- 28. It is agreed between the parties hereto that every covenant, proviso ~nd agree- ment herein contained shall enure to the benefit of the Tenaut and the Tenant'~ successors and assigns and to the Landlord or Her successors, or assigns and be binding upon the Tenant's agents, heirs, executors, administrators, assigoa 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 permits the singular number shall be read as ff the plural were expressed, and the masculine gender as if the feminine or neuter, as the case may be, were expressed; 29. The rights of the Landlord herein may be exercised by any official authorized by the Minister of Public Works; 30. No Member of the llouse 'of Commons shall be admitted to any share or part of this Agreement or to any benefit to arise therefrom; - 5 - contained be~e~n~ ~he Goa~on~o~ hereby covenon~s ~h ~he Landlord ~lmt ~f~ de[au~ be made by ~he Tenaa~ ~heU~e~ Jn ImymenE o[ rent or other mms~m time to time falling due herein as and when tlmy become due m~d pay~r in the perfor~nce or observ~me of any of the covenants, provisos, c~ttJ, ons or ' agreements Which under the terms of this lease a~e to be perform, o~s~rved by the Tenant, the Guarantor shall forthwith pay to tls Landed on demand ~ucb rent and other sums in respect of which snob default ~ba]~qve ~curred m~d all damages thmt ~y a~ise in consequeoce of the nou-observ~ce or ava-performance of any of the said covenants, provisos, conditions~greemeut~, Tim Guarantor covenants with the Laodlord that~e Guarantor Js J~lntly and severally bound with the Tenant for the ful~l~ent of all oblJgat~ons of the Tenant under this lease.. In the enforcer.[of its rights hereunder the Landlord may proceed against the Guarantor as i~be Onarm~tor were earned Tenant herein. The Guarantor hereby waives any rialto reqsire the Landlord to proceed against the Tenant or to proceed against~ to exhaust any security held from the 'l'ennnt or to pursue any other remedy~atsoever which m~y be available to the Landlord before proceeding agai~~ar~r. No neglect or fo~bear~e of the Lnndlord in endeavouriug to obtain payment nf the rent reserved here~or other p~meots required to be made under the provJm]o.s of this lease a~nd whe~ they becom~ due, no delay of tl~e l,m~dlurd ia tak[.g any steps to~lorce performance or observance of the several covenants, provisos or condit~ontaine~n t~is lemqy to be perfex,ed or ob~erued by the Tenant, no e~nsio~ of tt~e which may be gl. yen by the Landlord from ttme to t~ to the Tenant~ an~ther act or failure to act by the Landlord shall ~ge or ~n any way reduce the obligations of the Guarantor under 32. If the Tenant shall at any time fail to pay rent as aforesaid, he shall become liable to pay interest on all such instalments of rent that be has failed to pay, calculated at the rate of 10% per annum from the time of such failure. Such interest shall bo deemed to be part of the rent reserved tn thin lease, and the remedies available to the L~ndlord relating to rent herein and at law shall apply mutatis mutandis thereto; 33. The Tenant slmll prelmy to the Lmutlord a nu.i equal Lo One IllnUth'n re.t, which payment shall be applied in payment of rent for the last mouth under tltls lease. In the event that the rent under this lease is increased, the Tenant shall prepay to the Landlord aL that time a sum equal to the difference between the new and the aid rent so that the amount of prepaid rent shall at ali times be equal to one month's current rent under this lease. 34', The Tenant covenants that, upou the Tenaut abandoui.g or vacating the premises, er upon the expiration or other determination of this ].ease tn suy other mm.ncr, the Tenant shall forthwith remove from the premises, all equipment, vehicles, chattels, livestock, materials, effects and things, at suy time brought or placed thereon by the Tenant, and shall also to the satisfactlon of the Landlord, repair all and every damage and injury occasioned to the lands a.d premises of the Landlord by reason of such removal or otherwise caused during the term of the tenancy. The Tenant hereby 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 La.dlord may, in lief absolute and unfettered discretion immediately dispose of said chattels and things, in say manner She sees fit. The Tenant further agrees to indemnify the Landlord for ail expenses incurred by Her, in effecttng such removal., and in returning the premises to an ordinary state nf cleanliness and good repair. -6- IN WITNESS W[IE~J~OF the parties hereto have executed thts [ease hy theft duly authorized represe, tatives, and the corporate seal of THE CORPORATION OF THE TOWN OF PICKERING [las been affixed under the hands of its authorized o[ficers ms of the d~te first aboYe written. TIlE CORPORATION OF TIlE TOWN OF FICKERING per per J. ANDERSON (Mayor~ B. TAYLOR (Clerk) (Corporate seal) (Seal) (Seal) IIER [IAJESTY THE QUEEN 1N RiGIIT OF CANADA aa represented by 'rile MINISTER OF PUBLIC WORKS (Seal) per M. Richardson Project Ma~ager, Property Administration New Toronto International Airport Project per W. Leach Chief, Contract Administration Ontario Region 640 639 656 635 530 ......... 505 527 .......... 526 5O2 512 ......... ...... 50~ 511 500 499 505 498 497 496 634 495 494 ('DUMP) 4-94 "; .,.;r" 615 62! 6~0 628 -~ c o ~, c 632 626 623 594 !.~i,,;': '"'""" '""'6 ¢ 7 ...... 606 620 495 492 489 490 488 625 487 485 ........ 484 483 .......... (~ 482 605 477 ...... ;~79 478 DI'W ll~. NO. 614658-1 SCHEDULE B CO~tMERCiAL LEASE - COIUfORATE TillS LEASE made in triplicate the 1986 in pursuance of the Short Forms of Leases Act day of BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by The Minister of Public Works, hereinafter referred to as the "Landlord" OF TIlE FIRST PART AND AND TllE CORPORATION OF THE TOWN OF PICKERING, 1710 Kingston Road, Pickering, Ontario, hereinafter referred to as the "Tenant" OF TNE SECOND PART WHEREAS the premises are part of lands expropriated by Her Majesty 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, covenants and agreements herein- after reserved and contained, the Landlord doth demise and lease onto the Tenant, all that messuage or tenement being hereinafter referred to as the premises, situate o~, lying in and being part of Lot 18, Concession 5 , Town of Pickering , Regional Municipality of Durham , Province of Ontario, comprising .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 tile said premises for the term of ONE (1) YEAR to be computed from the FIRST (lst) day of JULY 1986 , and to be fully completed and ended on tile THIRTIETH (30th) day of JUNE 1987 Yielding and paying therefor during the said term unto the Landlord, yearly rent in the sums hereinafter specified, ~~m~J~x~mam~x~R~mxm~mB ONE (1) DOLLAR ($1.00) FOR THE TERM due and payable in advance on the First (lst) day of JULY 1986 , ~~~~ ~ , at the Dep~rtment of Public Works, Property Management Office, Brougham, Ontario, or at such other place as the Landlord may in writing indicate; ~D FURTHER PAYING AS ADDITIONAL ~NT, the monies mud 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 THE SAID L~DLORD: 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 e~qoenses 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; 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; 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 tile premises; The Tenant shall not assign or sublet notwithstanding any statutory enactment to the contrary, witbout the approval in writing of the Landlord, which approval may be withheld in the Landlord's sole discretion; e The Tenant shall nbt store or keep on the premises explosives or in flammable substances, except liquid fuels for domestic consumption or products reasonably kept or stored in connection with the Tenant's pe~litted lawful uses of the demised property; Tile 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; 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; and that he, with some insurance company or companies reasonably satisfactory to the Landlord, shall take out and maintafn with respect to the demised premises and the Tenant's use and occupation thereof fire insurance policies ~n the amount of the actual cash value of the premises, ~Mx~J~x~at~x~x~x~f~x~x~Jk~,~xtxOxxb~ and 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 cancellati'on 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 harness the Landlord from and mgainst all claims, demands, losses, costs, damages, actions, 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 resolting from any act or omission of the Tenant, his servants, licensees, invitees, guests, students, contractors or agents in using or occupying the sa~d demised lands and premises; and the Tenant covemants that he shall well and truly observe and fulfil all ]awful provisions and require- ments 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 loose or objectionable material to accumulate in or about tile building, yards, driveways, or passages of the said premises, and shall at all times keep the said premises in clean and wholesome condition, and shall, immediately before the termination of the term hereby granted, 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; 10. If the term hereby granted or the gouda and cbattels 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 in 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; 11~ In consideration of the foregoing and of the leasing and letting by the Landlord to the Tenant of tile premises hereby demised, tile Tenant hereby covenants and agrees with tile Landlord that notwithstanding any statute or law to tile contrary, none of the goods or chattels of the Tenant on tile said premfses at any time during the continuance of the 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 nmde by the Landlord, this covenant and agreement may be pleaded as an estoppel against the 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 ]aw, the Tenant waiving, as he hereby does, all and every benefit that could or might have accrued to him under and by virtue of any such statute or law but for tile above covenant; 12. TIlE SAID LANDLORD COVENANTS WITtl TIlE SAID TENANT for quiet enjoyment, 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 atrributable by lter to the demised premises; 1~. TIlE TENANT covenants sad agrees to and with tile Landlord that if there be an increase in real property taxes attributed by the Landlord as being payable by tile Landlord in respect of the demised premises, the Tenant shall pay such increase in full upon being notified thereof, wlth 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 herei~l 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 acceptable to the Landlord, entirely at the Tenant's expense PROVIDED that alterations, additions and improvements to heating, air conditioning, plu~ing, roof and bearing walls are prohibited unless tile Landlord gives specific written consent; 17. The Tenant may remove his fixtures if all the rent due hereunder has been paid and such removal 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 fire, lightning or tempest, rent shall cease until the premises are rebuilt; such rebuilding shall be in the Landlord's sole discretion; 19. In the event of the destructiol] or partial destruction of tile said premises, the Landlord may 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; - 4 - 20. During the last two months of the teuancy hereby granted, the Tenant shall allow prospective tenants to be admitted to view tl~e said premises at reasonable hours any day except Sunday on producing a written order to that effect sigmed by the Landlord or Ills agent; 21. The Landlord shall have tile privilege at all reasonable times during tile term hereby granted or any extension thereof, by ller agents, servants, contractors and work,mn 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 entry for a limited purpose or purposes shall not termfnate tile lease, nor result in the abatement of rent; provided that if such entry becomes permanent and results in the reduction of the area of the leased premises, ~ an appropriate adjustment of rental shall be negotiated by the Parties; 22. It is hereby understood and agreed that all chattels and Tenant's fixtures on the premises at a.y 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 tile covenants or agreements herein contalued the Landlord shall have the right on thirty days notice in writing to tile Tenant to terminate this lease or to re-enter and take possession of tile said premises and all accrued rent shall immediately become due and payable. 23. Proviso for re-entry by the said Landlord on non-payment of rent or non- ~ performance of covenants; 24. In the case of a seizure or forfeiture of tile said term for any of the causes herein set forth, the Landlord shall have the same right of re-entry as is given under the next preceding proviso; 25. Notwithstanding anything herein contained the Landlord's right of re-entry hereunder for non-payment of rent or non-performance of covenants shall become exercisable immediately upon default being made; 26. If the Tenant remains in occupation of the demised prendses 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; 27. Any notice given to the Landlord by the Tenant shall be addressed to tile 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 Tenaot shall be addressed to thc !ca~c~ premises; 28. It is agreed between the parties hereto that every covenant, proviso and agree- ment herein contained shall enure to the benefit of the Tenant and the Tenant's successors and assigns and to tile 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 permits the singular number shall be read as if the plural were expressed, and the masculine gender ss if the feminine or neuter, as the case may be, were expressed; 29. The rights of the Landlord herein may be exercised by any official authorized by the Minister of Public Works; 30. No Member of the House of Commons shall be admitted to any share or part of this Agreement or to e~y benefit to arise therefrom; - 5 - contained ]mretn, the Guarantor hereby covenants with the Landlord thaC ~a~aulC be made by Cbc Tenant, whether ~n payment of rent or other ~nms~om time to time falling due herein as and when they become due .and payal~r the performuce or observance of any of the covenants, provisos, c~itions or ' agreements Which under the terms of this lease are to be perform, or observed by the Tenant, the Guarantor shall forthwith pay to the Landl~d on demand Such rent and other sums tn respect of which such defanlt sbal~ve occurred and all damages that ~y arise in consequence of the non-observ~ce or non-performa ce of any of the said covenants, provisos, condltio~eemeuts; The Guarantor covenants w~,tb the Landlord that~e Guarantor is Jointly and ~everally bound with the Ienant for the fulfilment of ali obligations of the tenant under this lease.. In the enforce~of its rights ~ereunder the Landlord may proceed against the Guarantor as i~the Guarantor were named Tenant herein. The ~uarautor hereby waives any righ~to require the Landlord to proceed against the tenant or to proceed again~t~to exhaust say security held fram the Tenaet or to pursue any other remedy~atsoever which my be available to the Landlord before proceeding agains~a~ator. No neglect or forbear~e of the Landlord tn endeavouriug to obtain payment si the rent reserved I,ere~or o~er payments required to be ~nacle under the provlmtons of this lease a~nd wbe~ they become due, no delay of the Landlord in taking aay steps to.force performance or observance of the several covenaats, provisos or condit~ containe~n tl}t~ease to be perfo~ed or observed hy the Tenant, to~~aut,~nd no other.act or failure to act by the l,andlord shall ~arge or ~)~ any wa~educe the obligations of the Guarantor uader 32. If the Tenant shall at any time fail to pay rent as aforesaid~ lie shall become liable to pay interest on all such instalments of rent that he has failed to pay, calculated at tile rate of 10% per annum from the time of such failure. Such interest 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; 33. The Tenant shall prepay to the Landlord a sum eqnal to one [TIouth'. rent, which payment shall be applied in payment of rent for the last mouth nnder this lease. In the event that the rent under this lease is increased, the Tenant shall prepay to the Landlord at that time a sum equal to the difference between the new and the old rent so that the amonnt of prepaid rent shall at ail times be equal to one month's current rent under this lease. 34'. The Tenant covenants that, upon the Tenant abandoning or vacating the premises, or upon the expiration or other determination of this lease in any other manner, the Tenant shall forthwith remove from the premises, all equipment, vehicles, chattels, livestock, materials, effects and things, at any time brou~_,ht or placed thereon by tile Tenant, and shall also to the satisfaction of the Landlord, repair ail and every damage and injury occasioned to the lands and' premises of the Landlord by reason of such removal or otherwise caused durin~ tile term of tile tenancy. The Tenant hereby agrees that if he fails to effect snch removal forthwith, that the said equipment, vehicles, chattels, livestock, materials, effects and things shall be deemed abandoned and worthless, and that the I,audlord may, in ller absolute and unfettered discretion immediately dispose of said chattels and things, in any manner She sees fit. The Tenant £urther agrees to indeuu~ify tile Landlord for all expenses incurred by Her. in effecting such removal, and in returning the premises to an ordinary state of cleanliness and good repair. - 6 - IN WITNESS WIIEREOF the parties hereto have executed this lease by their duly authorized representatives, and the corporate seal of TUE CORPORATION OF THE TOWN OF PICKERING has been affixed under the hands of its authorized officers as of the date first above written. TllE CORPORATION OF THE TOWN OF PICKERING Per Per J. ANDERSON (Mayor~ B. TAYLOR (Clerk) (Corporate seal) (Seal) (Seal) HER MAJESTY 'rile QUEEN IN RIGII'r OF CANADA as represented by TIIE MINISTER OF PUBLIC WORKS (Seal) PeK M. Richardson Project Manager, Property Administratfon New Toronto international Airport Project per W. Leach Chief, Contract Administration Ontario Region SCHEDULE A ~107 TO SCALE DPW iD. NO. 614201-1 SCHEDULE C COMMERCIAL LEASE - CORPORATE TBIS LEASE made in triplicate the 1986 in pursuance of the Short Forms of Leases Act day of BETWEEN: HER PbkJESTY TIlE QUEEN IN RIGltT OF CANADA, as represented by The Minister of Public Works, hereinafter referred to as the "Landlord" OF THE FIRST PART AND TUE CORPORATION OF THE TOWN OF PICKERING, 1710 Kingston Road, Pickering, Ontaxio, hereinafter referred to as the "Tenaut" OF TIlE SECOND PART WHEREAS the premises are part of lands expropriated by tier Majesty for the purpose of an airport; AND Wq{EREAS 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 and agreements herein- after reserved and contained, the Landlord doth demise and lease unto the Tenant, all that messuage or tenement being hereinafter referred to as the premises, situate on, lying in and being part of Lot 18, Concession 8 , Town of Pickering , Regional Municipality of Durham , Province of Ontario, comprising 3.13 acres more or less, being more fully described in registered title instrument 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 Icomputed from the FIRST (lst) day of JULY 1986 , and to be fully completed and ended on the THIRTIETB (30th) day of JUNE 1987 . Yielding and paying therefor during the said term unto the Landlord, yearly rent in the sums hereinafter specified, x~~x~a~m~xw~R~mxm~h ONE (1) DOLLAR ($1.00) FOR THE TERM due and payable in advance o~xx~Jx~xRi£mkxk~S~x~x~fx~xmmxkmm~-~yxm~xx~ on the First (lst) day of JULY 1986 , ~Fex~ixx(xl~xd~<~ ~ , at the Department of Public Works, Property Management Office, Brougham, Ontario, or at such other place as the Landlord may in writing indicate; AND FURTHER PAYING AS ADDITIONAL RENT, the monies and other charges, costs and expenses herein provided to be paid by the Tenant. - 2 - THE SAID T~NANT accepts the demised premises in their present condition, ;=ND COVENANTS WITH THE SAID LANDLORD: 1o 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 I 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. 1lie 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 lief discretion repair reasonable wesr and tear and damage by fire, lightning and tempest, provided that She may in Her discretion enter a.d 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 Tenant shall leave the premises in good repair, reasonable wear and tear, and damage by fire, lightning and tempest only, excepted; notwithstanding tlle generality of anything herein contained, the Tenant covenants to repair at his sole expense any damage to the pre~nises 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; e 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; Ye Tile Tenant shall not do or permit to be done on tile said premises anything which may be annoying to the Landlord, or which the Land]oral may deem to be a nuisance, and that tile Tenant shall use and occupy the said premises as a public playground only; 8. ?lie Tenant shall insure the premises at bis expense for public liability for an amount not less than $1,000,000.00 for each occurrence; and that be, with some insurance company or companies reasonably satisfactory to the Landlord, shall take out and maintain with respect to the demised premises and the Te.mnt's use and occupation thereof flre' insurance policies in the amoent of the actual cash value of the premises, ~xi~d~x~m~x~x~x~p~j~pjk~x~jl~k and 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 ali such policies to provide that in tile 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 indemaify and save harmless tile Landlord from and against all claims, demands, losses, costs, damages, actions, suits or other proceedings, by whomsoever made, sustmtned, brought or prosecuted in any matter, based upon, occsmioned 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 Ienant cove.a.ts that he shall well and truly observe and fulfil ail lawful provts~ons and require- ments of statutes, regulations, by-laws, rules and orders relating to the said - 3 - 9. The Tenant shall not allow any ashes, refuse, garbage or other loose or objectionable material to accumulate in or about tile building, yards, driveways, or passages of the said premises, and shnll at nl] tlmes keep tile sa~d premises in clean and wholesome condition~ and shall, immediately before the termination of the term hereby granted, was]] the floors, windows and woodwork of the said premises; and that be shall keep the sidewalks and driveways in front and at the sides of the said premises free of snow and ice; 10. 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 in 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; 11. 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 tile Landlord that notwithstanding any statute or law to tile contrary, none of the goods or chattels of the Tenant on the said premises at any time during the continuance of the term hereof shall be exempt from levy by distress for rent in arrears by tile Tenant and that upon any claim being mede for such exemption by the Tenant, or on distress being made by the Landlord, this covenant and agreement may be pleaded as an estoppel against the 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, all and every benefit that could or mi~]t 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 THE SAID TENANT for quiet enjoyment, 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 tile existing supply is or becomes inadequate; 13. THE LANDLORD covenants and agrees to pay real property taxes atrributable by Her to tile demised premises; 14. TIlE 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 motandis 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 acceptable to the Landlord, entirely at the 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; 17. The Ten~nt may remove his fixtures if all tile rent due hereunder has been paid and such removal can be made without injury or damage to the property that cannot be compensated by tile 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 fire, lightning or tempest, rent shall cease until the premises are rebuilt; such rebuilding shall be in the Landlord's sole discretion; 19. In the event of the destruction or partial destruction of the sa~d premises, the Landlord mey 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; - 4 - 20. During the last two months of tile tenancy hereby granted, the Tenant shall allow prospective tenants to be admitted to view the said premises at reasonable hours any day except Sunday on producing a written order to that effect signed by the Landlord or his agent; 21. The Landlord shall have the privilege at all reasonable times during the term hereby granted or any extension thereof, by ller agents, servants, contractors t and workmen with requisite vehicles snd equipment, to enter on the lands for the purpose of making surveys, soil tests, laying roads, erecting strnctntes 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 snch entry becomes permanent and results in the reduction of the area of the leased premises, an appropriate adjustment of rental sball be negotiated by the Parties; 22. It is hereby understood and agreed that all chattels and Tenant's flxtures 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 relsting to exemptions from distress are hereby waived. In the event of any defanlt 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 Tensnt 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. 23. Proviso for re-entry by the said Landlord on non-payment of rent or non- I performance of covenants; 24. In the case of a seizure or forfeiture of the said term for any of the ca,ses herein set forth, the Landlord shall have the same right of re-entry as is given under the next preceding proviso; 25. Notwithstanding anything herein contained the Landlord's right of re-entry hereunder for non-payment of rent or non-performance of covenants shall become exercisable irmmediately upon default being made; 26. 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 lie shall not be deemed to be s 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; 27. Any notice given to the Landlord by the Tenant shall be addressed to the Department of Public Works, Property Management Office, Brougbsm, Ontario, or sucb other place as the Landlord tm~y in writing indicate, and any notice from the Landlord to the Tenant shall be addressed to ~kc !caoc~ prcr..Ioc~ ~ ~ ~I~ /v~o ~,~ ~o~, ~,'~,~,;~, ~r~4~-,~ ~Iv/~-Y3 28. It is agreed between the parties hereto that every covenant, proviso 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 assig~]s 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 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; 29. The rights of the Landlord herein may be exercised by any official authorized by the Minister of Public Works; 30. 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; 5 contained herein, the Guarantor hereby covenants with the Landlord that if default be made by the Tenant, whether in payment of rent or other sums time to time falling due herein as and when they become due and pays% or in the performance or observance of any of the covenants, provisos s or agreements Which under the terms of this lease are to be perfor or observed by the Tenant, the Guarantor shall forthwith pay to the La~ on demand such rent and other sums in respect of which such default shal occurred and all damages that may arise in consequence of the non-o] or non-performance of any of the said covenants, provisos, conditfons o reements; The Guarantor covenants with the Land]ord that severally bound with the Tenant for the fslf! Tenant under this lease. In the enfor~ may proceed against the Guarantor as i The Guarautor hereby waives any rig the Tenant or to proceed agaius or to pursue any other remedy before proceeding against Guarantor is jointly and of all obligations of the its rights hereunder the Landlord Guarantor were named Tens.t herein. require the Landlord to proceed against exhaust any security held from the Tenant which may be available to the Landlord No neglect or forbear~ of the Landlord in endeavouring to obtain payment of the rent reserved here~ other payments required to be made under the provisious of this lease a.~ when they become due, no delay of the Landlord in taking any steps to performance or observance of the several covenants, provisos or conditi~ contained in this lease to be performed or observed by the Tenant, no exte~ or extensions of time which may be given by the Landlord from time to the Tenant, and no other act or failure to act by the Landlord shall discharge or in any way reduce the obligations of the Guarantor ender 32. If the Tenant shall at any time fail to pay rent as aforesaid, he shall become liable to pay interest on all such instalments of rent that he has failed to pay, calculated at the rate of 10% per annum from the time of such failure. Such interest 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; 33. The Teuant shall prepay to tile Landlord a sum eqnal to one month's re.t, which payment shall be applied in payment of rent for the last month nnder this lease. In the event that the rent under this lease is increased, the Tenant shall prepay to the Landlord at that time a sum equal to tile difference between the new and the old rent so that the amount of prepaid rent shall at all times be equal to one month's current rent under this lease. 34'. The Tenant covenants that, upon the Tenant abandoning or vacatiug the premises, or upon the expiration or other determination of this lease lu any other mauner, the Tenant shall forthwith remove from the premises, ail equipmeut, vehicles, chattels, livestock, materials, effects and things, at any time brought or placed thereon by the Tenant, and shall also to the satisfaction of the Landlord, repair all and every damage and injury occasioned to the lands and premises of the ~ Landlord by reason of such removal or otherwise caused during the term of the tenancy. The Tenant hereby 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 Laedlord may, in Her absolute and unfettered discretion immediately dispose of said chattels and things, in any manner She sees fit. The Tenant further agrees to fndemnify the Landlord for ail expenses incurred by Her, in effectfng such removal, and in returning the premises to an ordinary state of cleanliness and good repair. - 6 - IN WITNESS WIIEREOF the parties hereto have executed this lease by their duly authorized representatives, and the corporate seal of TIlE CORPORATION OF TIlE TOWN OF PICK~RING has been affixed under the hands of its authorized officers as of the date first above written. TIlE cORPORATION OF TIlE TOWN OF PICKERING per per J. ANDERSON (Mayor~ B. TAYLOR (Clerk) (Corporate seal) (Seal) (Seal) IIER MAJESTY TIlE (}UEEN IN RIGII'f OF CANADA as represented by TIlE ~tlNISTER OF PUBLIC WORKS (Seal) per M. Richardson Project Manager, Property Administration New Toronto International Airport Project per W. Leach Chief, Contract Administration Ontario Region 314 317 '224 .1 i. Or ZO ..... 306 313 301 305 302 302 ...... 300 3ol .........309 5C~I~'~ 0 505 .......... 211 ....... 209 ........ 208 ....' ,.:..'."" ~20] ........ ............... 205 i'.:Z~:!i!:. =,",;'..*.'" ~;~ Illin:! .... .......... '~ I]1 I 201 197 F:~'::-'Z:,: :-'T:' ....... ,