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HomeMy WebLinkAboutBy-law 2259/86THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO.2250 Being a By-law to authorize the execution of a lease between the Town and Her Majesty the Queen in right of Canada for the use of Brougham Fire Hall, 1986 - 1987. WHEREAS, pursuant to the provisions of section 210.24 of the Municipal Act, R.S.O. 1980, chapter 302, the council of a municipality may pass a by-law for providing fire-fighting and fire protection services; and WHEREAS, pursuant to the provisions of section 193 of that Act, the council of a municipal corporation may pass a by-law for acquiring land required for its purposes; NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a lease between the Corporation of the Town of Picketing and Her Majesty the Queen in right of Canada in the form attached hereto as Schedule A for the use of that part of Lot 19, Concession 6, described therein as the Brougham Fire Hall from June 1, 1986 to May 31, 1987. BY-LAW read a first, second and third time and finally passed this 16th day of June, 1986. John E. Anderson, Mayor TOWN OF PICKERING APPROVED LEGAL DE~i= SCHEDULE A to By-law 2259/~g'w lo. NO. 614727-1 COMMERCIAL LEASE - CORFOgATE THIS LEASE made in triplicate the 1986 in pursuance of tile Short Forms of Leases Act day of BETWEEN: tIER MAJESTY Tile 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 THE CORPORATION OF THE TOWN OF PICKERING, 1710 Kingston Road, Pickering, Ontazto, hereinafter referred to aa the "Tenant" OF THE SECOND PART WIlEREAS the premises are part of lands expropriated by Iler Majesty for the purpose of an airport; AND WIIEREAS it is deemed expedient that the premises be leased for ao 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 tile Tenant, all that messuage or tenement being hereinafter referred to aa the premises, situate lying in and being part of Lot 19, Concession 6 , Town of Picketing , Regional Municipality of Durham , Province of Ontario, comprising .25 acres more or less, being more fully described in registered title instrument numbered 16670, ~and being outlined in red on the key plan attached hereto as Schedule "A", and lncludin~ a one-storey frame building without basement and with concrete block addition, save only the south-east interior 440 sq. feet of the said building, together with access thereto from Kings's Highway #7; To have and to hold the said premises for the term of ONE (1) YEAR to be computed from the FIRST (let) day of JULY 1986 , and to be fully completed and ended on the THIRTIETII (30th) day of JUNE 1987 . Yielding and paying therefor during the said term unto the Landlord, yearly rent in the sums hereinafter specified, ~axxa~x.J~B~Ax $1,032.00 FOR THE YEAR, in equal monthly instalments of $86.00, due and payable in advance on the First (lst) day of each and every month, commencing on the First (lst) day of JULY 19 86, with the last payment of the term due on the First (lst) day of JUNE 19 87, 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 TENANT accepts the demised premises in their present condition, AND COVENAIqTS WITH THE SAID LANDLORD: 1. To pay rent and business taxes; and to pay all utility charges, including fuel for heating, hydro, water, hot water, sewage disposal and garbage removal, and * all other operating and maintenance costs and expenses save only as hereinafter otherwise provided, and to supply proof thereof on demand; and the Tenant further covenants to empty the septic tank periodically, at his own expense; The Tenant shall repair the premises at his own expense, reasonable wear and tear, and damage by fire, lightning amd 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 pren~ses any business that may be deemed a nuisance; 4. The Tenant shall leave the premises in good repair, reasonable wear and tear, and damage by fire, lightning and tempest only, excepted; notwithstanding the generality of anythlng herein contained, the Tenant covenants to repair at his sole expense any damage to the premises caused by his wilful or negligent conduct or that of persons permitted by him to be on the premises; 5. The Tenant shall not assign or sublet notwithstanding any statutory enactment to tile contrary, without the approval in writing of the Landlord, which approval may be withheld in the Landlord's sole discretion; 6~ The Tenant shall not store or keep on the premises explosives or inflammable substances, except liquid fuels for domestic consumption, or products reasonably kept or stored in connection with the Tenant's permitted lawful uses of the demised property; 7. The Tenant shall not do or permit to be done on the said premises anything which may be annoying to the Landlord, or which the Landlord may deem to be a nuisance, and that the Tenant shall use and occupy the said premises as a firehall; 8. The Tenant shall insure the premises at his expense for public liability for an amount not less than $1,000,000.00 for each occurrence; 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 tile Tenant's use and occupation thereof fire'insurance policies in the amount of the actual cash value of the premises, 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 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 indeumify and save harmless the Landlord from and against all claims, demands, losses, costs, damages, actions, suits or other proceedings, by whomsoever made, sustained, brought or prosecuted in any matter, based upon, occasioned by or attributable to any injury or damage arising or resulting from any act or omission of the Tenant, his servants, licensees, invitees, guests, students, contractors or agents in using or occupying the said demised lands and premises; and the Tenant covenants that he shall well and truly observe and fulfil all lawful provisions and 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 accumulste in or about the 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, immedistely before the termination of the term hereby granted, wash the floors, windows and woodwork of the said premises; and thst 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 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' the Landlord that notwithstanding any statute or law to the contrary, none of the goods or chattels of the Tenant on the said premises at any time during the continuance of 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 euch exemption by the Tenant, or on distress being made by the Landlord, tl~is 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 e~empted in any such statute or law, the Tenant waiving, ss 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 the above covenant; 12. THE SAID LANDLORD COVENANTS WITII 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 the existing supply is or becomes inadequate; 13. THE LANDLORD covenants and agrees to pay real property taxes atrrtbutable by Her to the demised premises; 14. Trig 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 tile next due monthly rental payment and such increase in real property taxes shsll be deemed to be part of the rent reserved in this Lease and the remedies available to the Landlord relating to rent herein and at law shall apply mutatis mutandis thereto; 15. The Tenant hereby acknowledges that he has received the keys of 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 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 Tenant may remove his fixtures if all the rent due here~der 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 destruction or partial destruction of the said premises, the Landlord may declare the tarm hereby granted to be forthwith.terminated, and in. such event rent shall be payable up to the time of such destruction or partisl destruction; - 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 premlses at reasonable hours any day except Sunday on producing a written order to that effect slgned 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 Iler agents, servants, contractors and workmen with requisite vehicles and equipment, to enter on the lands for the purpose of making surveys, soil tests, laying roads, erecting structures and removing obstructions, upon 10 days notice to the Tenant; the parties covenant that such entry for a limited purpose or purposes shall not terminate the lease, nor result in the abatement of rent; provided that if such entry becomes permanent and results in 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 any time shall be liable to distress for rent in arrears, and that all statutory provisions now or hereafter in force relating to exemptions from distress are hereby waived. In the event of any default by the Tenant in the performance of any of the covenants or agreements herein contained the ~ Landlord shall have the ri~t on thirty days notice in writing to the Tenant to terminate this lease or to re-enter and take possession of the said premises and all accrued rent shall immediately become due and payable. 23. Proviso for re-entry by the said Landlord on non-payment ~f rent or non- ~ performance of covenants; 24. In the case of a seizure or forfeiture of the 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 premises after the expiration of the term hereby granted without a written agreement to the contrary he shall not be deemed to be a tenant from year to year but shall be a monthly tenant only, at a rental to be determined by the Landlord, that is not in excess of the fair market value of tile 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 28. to the Landlord by the Tenant shall be addressed to the Department of Public Works, Property Management Office, Brougham, Ontario, or such other place as the Landlord may in writing indicate, and any notice from the Landlord to the Tenant shall be addressed to ~"" Icuo~C r ........ , I.t is agreed between the parties hereto that every cogenant, 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 ller 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 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 psyal or in the performance or observance of any of the covenants, provisos, or agreements Which under the terms of this lease are to be or observed by the Tenant, the Guarantor shall forthwith pay to the Land] on demand such rent and other sums in respect of which such default shall occurred and all damages that may arise in consequence of the non-observ~ or non-performance of any of the said covenants, provisos, conditions o reements; The Guarantor covenants with the Landlord that severally bound with the Tenant for the fulfJ Tenant under this lease. In the enfor~ may proceed against the. Guarantor as tJ The Guarantor hereby waives any the Tenant or to proceed against or to pursue any other remedy before proceeding against Guarantor is Jointly and of all obligations of the its rights hersunder the Landlord Guarantor were named Tenant herein. require the Landlord to proceed against exhaust any security held from the Tenant which may be available to the Landlord Guarantor. No neglect or of the Landlord in endeavourtng to obtain payment of the rent reserved hereJ other payments required to be made under the provisions of this lease ae when they become due, no delay of the Landlord in taking any steps to performance or observance of the several covenants, provtsoa 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 tJ the Tenant, and no other act or failure to act by the Landlord shall r, discharge or in any way reduce the obligations of the Guarantor under 32. If the Tenant shall at any time fail to pay rent as sforesaidt 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 Tenant shall prepay to the Landlord a sum equal to one month's rent, which payment shall be applied in payment of rent for the last month under this lease. In the event that the rent under this lease is increased, the Tenant shall prepay to the Landlord at that time a sum equal to the difference between the new and ~ the old rent so that ~he 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 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 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 falls to effedt such removal forthwith, that the said equipment, vehicles, chattels, livestock, materials, effects and things shall be deemed abandoned and worthless, and that the Landlord may, in lief absolute and unfettered discretion immediately dispose of said chattels and things, in any manner She sees fit. The Tenant further agrees to indemnify the Landlord for all expenses incurred by lief, in effecting such removal, and in returning the premises to an ordinary state of cleanliness and good repair. - 6 - IN WITNESS WHEREOF the psrtlee hereto have executed this lease by their duly authorized representatives, and the corporate seal of THE CORPORATION OF THE TOWN OF PICKERING has been affixed under tha hands of its author£zed officers as of the date first above written. TIlE CORPORATION OF THE TOWN OF PICKERING pe~ per. J. ANDERSON (Mayor~ B. TAYLOR (Clerk) (Corporate seal) (Seal) (Seal) HER MAJESTY THE QUEEN IN RIGHT OF CANADA as represented by TIlE }~INISTER OF PUBLIC WORKS (Seal) pe~ M. Richardson Project Manager, Property Administration New Toronto International Airport Project par Wo Leach Chief, Contract Administration Ontario Region SCHEDULE A C 0 N C E $ NOT TO SCAIJE ......... .,... ,,j,..., .... .,....