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HomeMy WebLinkAboutBy-law 2478/87THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO.2478/87 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), 1987-1988. 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 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, (a) in the form attached hereto as Schedule A for the use of that part of Lot 31, Concession 9, Pickering, described therein as the Altona Community Centre from July 1, 1987 to June 50, 1988; and (b) in the form attached hereto as Schedule B for the use of that part of Lot 18, Concession 5, Picketing, described therein as the Brougham Community Centre from July 1, 1987 to June 30, 1988; and (c) in the form attached hereto as Schedule C for the use of that part of Lot 18, Concession 6, Picketing, described therein as the Don Beer Municipal Park (Brougham) from July 1, 1987 to June 30, 1988. BY-LAW read a first, second and third time and finally passed this 19th day of May, 1986. TOWN OF ~PICKERJNG = APPROV£ AS TO FORM //John E. Mayor ITEM SCHEDULE COMMERCIAL LEASE - CORPORATE DFW ID. NO. 614632-1 THIS LEASE made in pursuance of the Short Forms of Leases Act BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by The Minister of Public Works, hereinafter referred to as the "Landlord" OF THE FIRST PART AND THE CORPORATION OF THE TOWN OF PICKERING, 1710 Kingston Road, Pickering, Ontario, hereinafter referred to as the "Tenant" OF THE 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 hereinafter 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 31, Concession 9 , Town of Pickering, Regional Municipality of Durham , Province of Ontario, comprising One (1) acres more or less, being more fully described in registered title instrument numbered 163700, ~nd 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 the said premises for the term of ONE (1) YEAR to be computed from the FIRST (lst) day of JULY 1987 , and to be fully completed and ended on the THIRTIETH (30th) day of JUNE 1988 Yielding and paying therefor during the said term unto the Landlord, yearly rent in the sume hereinafter specfied, JX~p~~xt~z~m~m~x~x~xR~x~mmR ONE (1) DOLLAR ($1.OO) FOR THE TERM due and payable in advance m~a~-~-W~on the First (lst) day of JULY 19 87 ~Ix~xKa~xi~x~mx*~×letx~x~xx~xxfxxxxxxxxxxxxxx~xxx, 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. ITEM THE SAID TENANT accepts the demised premises in their present condition, AND COVENANTS 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; 2. 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; 4. The Tenant shall leave the premises in good repair, reasonable wear and tear, and damage by fire, lightning and te~est 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 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; 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 Community Centre; 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 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 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 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 in any matter, besed 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 requirements of statutes, regulations, by-laws, rules and orders relating to the said demised lands and premises; -ITEM . ,, 8 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, and shall at all times keep the said premises in clean and wholesome condition, and shall, immediately before the termination of the term hereby grant~d, 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; I0. 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 Laudlord 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, aud an amount eqalvaleut 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 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 npon any such goods ns are named as exempted in any such statute or law, 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 the above covenant; 12. THE SAID LANDLORD COVENANTS WITH THE SAID TENA2qT for quiet enjoyment, while this lease is in good standing and not terminated by tile 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 the demised premises; 14. THE 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 payab].e 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 herei~ and at law st~all 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 ~r improvements of tile Tenant are subject to the prior approval of the Landlord in writing and must he made by s 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 ara prohibited unless the Landlord gives specific written consent; 17. The Tenant may remove his fixtures if all the rent due hereunder bas 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 the destruction or partial destructlon of the said premises by fire, lightning, tempest, or otherwise, the Landlord may, ii1 its discretion, declare the term hereby granted to be forthwith termi.ated, and in such event rent shall be payable up to the time of such destr.ction or partial destruction; 19. 20. 22. 23. 24. 25. 26. 28. 29. During the last two months of the 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; The Landlord shall have the privilege at all reasonable times during the term hereby granted or any extension thereof, by tier 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 tbe 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; 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 right 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. Proviso for re-entry by the said Landlord on non-payment of rent or non- performance of covenants; In the case of a seizure or forfeiture of the said term for ally of the causes herein set forth, the Landlord shall have the same right of re-entry as is given under the next preceding proviso; Notwithstanding anything herein contained tile 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; If the Tenant remains in occupation of the demised premises after tile 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; Any notice given 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 the leased premises; 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 tile Tenant's successors and assigns and to the 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 ali 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; The rights of the Landlord herein may be exercised by any official authorized by the Minister of Public Works; 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; ITEM ,..., s 5 30. If the Tenant shall at any time fail to pay rent as aforesaid, he shal. 1 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 sncb fallnro. 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; 31. 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 the amount of prepaid rent shall at all times be equal to one month's current rent under this lease. 32. The Tenant covenants that, upon the Tenant ahandoni~g or vacating the prom(sos, or upon the expiration or other determination of this lease fn a~ly other masher, 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 Landh~rd, 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 be fails to effect s.ch 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 Her absolute and unfettered discretion immediately dispose of said chattels and things, in any manner She sees fit. Tile Tenant further agrees to ~ndem~[fy the Landlord for all expenses incurred by Her, tn effecttng such removal, mad in returning the premises to an ordinary state of cleanliness dod good repair. IN WITNESS WHEREOF the parties hereto have executed this lease by Lheir duly o.tborized representatives, and the corporate seal of THE CORPORATION OF THE TOWN OF PICKERING has been affixed under the hands of its authorized officers as of tile date first above written. THE CORPORATION OF THE TOWN OF PICKERING per Date J. ANDERSON (Mayor) per Date B. TAYLOR (Clerk) HER MAJESTY TUE QUEEN 1N R1GttT OF CANADA as represented by THE MINISTER OF PUBLIC WORKS BY: Date M. Richardso. Project Site Manager New Toronto Airport Project Brougham, Ontario BY: W. Leach Chief, Contrsct Administration Ontario Region Date 86 ITEM .......... . . . , .. _ .......-:-. .......... . .'.. .- . ,,, · /~ I'~c/I'/.IV~ ....... , 6~ ........... I :' 630 ....... 629~ ....... ' ...... ; ....... ' ....... 627 641 .................... ...... '~ 638 633 624 640 6~5 ~. ....... '-'~623~ 626 62~-~L ~"-~ ~'~-"~. ?--'~ 504 496494 ~ .'-- .-.. _, ._ 488 530 528 : 49~ 490 .... 52~ :-' ¢ .......... 492 ~-- 527 50~ - ....... 495 ...... ':"' ~ 51~ ~ ....... ' ..... :... ' 49 I . .. ~ , 501 4~7 ..... ~' ~:L 519~'~..,..~, ....... :~:5 ~.._~.__ 500 ', 489 485 , .= ~ : ....... 514" ...... . ~ 484 " ..... 506 499 ....... 485 498 ,,,~ ~ 48z 611 6:2__'1~" .... 595 ...... 609 605 ..... 480 479 ITEM ]- ] SCHEDULE B COMMERCIAL LEASE - CORPORATE DPW ID. NO.614658-1 THIS LEASE made in pursuance of the Short Forms of Leases Act BETWEEN: AND HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by The Minister of Public Works, hereinafter referred to as the "Landlord" OF THE FIRST PART THE CORPORATION OF THE TOWN OF PICKERING, 1710 Kingston Road, Pickering, Ontario, hereinafter referred to as the "Tenant" OF THE SECOND PART WHEREAS the premises are part of lands expropriated by Her Majesty for the purpose of an airport; AND W]tEREAS 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 hereinafter 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 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 ~he said premises for the term of ONE (1) YEAR to be computed from the FIRST (1st) day of JULY 1987 , and to be fully completed and ended on the THIRTIETH (3Oth) day of JUNE 1988 . Yielding and paying therefor during the said term unto the Landlord, yearly rent in the sums hereinafter specfied, ONE (1) DOLLAR ($1.00) FOR THE TERM due and payable in advance ~x~Y~ex~I~~d~x~x~x~x~xm~gM, ~mm~r~Xon the First (lst) day of JULY 1987 ~k~x~x~x~mx~M~~x~xxxxxxxxxxxx~xxx, 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 expenses herein provided to be paid by the Tenant. ITEM- THE SAID TENANT accepts the demised premises in their present condition, AND COVENANTS WITH THE SAID LANDLORD: 1. To pay rent and business taxes; and to pay ali utility charges, including fuel for heating, hydro, water, hot water, sewage disposal and garbage removal, and all other operating and maintenance costs amd 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. 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; 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 anything herein contained, the Tenant covenants to repair at his sole expense any damage to the premises caused by his wilful or negligent couduct 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; 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 Community Centre; 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 the policy shall name }{er 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 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 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 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 covenahtsthat he shall well and truly observe and fulfil ali lawful provisions and requirements of statutes, regulations, by-laws, rules and orders relating to the said demised lands sod premises; 89 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 tile said premises, and shall at ali times keep the said premfses in clean and wholesome condition, and shall, immediately before tile termination of the term hereby grant~d, 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 tile goods and chattels of tile Tenant or a.y assigaee or sub-tenant shall be at any time seized or taken in execution or attachmeat, or if the Tenant or any such assignee or sub-tenaut 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 tile 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, tIle said term shall immediately become forfeited and void, and an amouet eqnivalent to the next ensuing three months' rent shall be at once .due and payable; 11. In consideration of the foregoing and of the leasing aad ]etttng by tile Laad]ord 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 tile goods or chattels of the Tenant on tile 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 snch exemption by the Tenant, or on distress being made by tile Landlord, this covenant and agreement may be pleaded aa an estoppel against the Tenant in any action brought to test tile right to tile levy[ag upon any such goods ms ar~ .amid as exempted in any such statute or law, tile Tenant waiving, as be hereby does, all and every benefit that could or might have accreed to him under and by virtue of any such statute or law but for the above covenant; 12. THE SAID LANDLORD COVENANTS WITH TIlE SAID TENANT for quiet enjoymeut, wblle 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 Her to the demised premises; 14. THE 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 shall be deemed to be part of the rent reserved in this Lease and the remedies available to tile Landlord relating to rent herein and at law shall apply mutatis mutandts thereto; 15. The Tenant hereby acknowledges that he has received tile keys of tile said premises, which he agrees to return upon quitting tile 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 expease PROVIDED that alterations, additions and improvements to beatiag, air cond[tJoatng, plumbing, 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 bas been paid and such removal can be made without injury or damage to tile property that cannot be compensated by the Tenant in money; and provlded tile Tenant covenants he shall be responsible for prompt restoration or compensation to the satisfaction of the Landlord; 18. In ti~e event of the destruction or partial destruction of the said premises by fire, lightning, tempest, or otherwise, tile Landlord may, ~n its sole discretion, declare the term hereby granted to be forthwith term]nated, in such event rent shall be payable up to the time of such destr.ctio, or partial destruction; 9O ITEM 19. 20. 22. 23. 24. 25. 26. 28. 29. During the last two months of the 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; The Landlord shall have the privilege at all reasonable times during the term hereby granted or any extension thereof, by Her 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; It is hereby understood and agreed that all chattels and Tenant's f~xturea on the premises at any time shall be liable to distress for rent in arrears, and that all statutory provisions now or hereafter in f6rce relating to exemptions from distress are hereby waived. In the event of any default by the Tenant in the performance of any of the coveaants or agreements herefn contained the Landlord shall have the right 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. Proviso for re-entry by the said Landlord on non-payment of rent or non- performance of covenants; 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; 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; If the Tenaut remains in occupation of the demised premises after the expirat[on 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; Any notice given 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 the leased premises; 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 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 singnlar number shall be read as if the plural were expressed, and the masculine gender aa if the feminine or neuter, as the case may be, were expressed; The rights of the Landlord herein may be exercised by any official authorized by the Minister of Public Works; 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; ITEM 30. If tile 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 fa!led to pay, calculated at tbs rate of 10% per anuum from the time of s.ch Such interest shall be deemed to be part of tile rent reserved in this lease, and the remedies available to the Landlord relating to rent herein asd at law shall apply mutatis mutandis thereto; 31. 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 increase~, 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 amount of prepaid rent shall at ail times be equal to one month's current rent under this lease. 32. tile Tenant shall forthwith remove from tile 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 l,a.dl,,rd, repair all and every damage and injnry occasioned to the ]ands 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 s.ch removal forthwith, that the said equipment, vehicles, chattels, ltvestocR, materials, effects and things shall be deemed abandoned asd worthless, aud that the Laad~ord may, in Her absolute and unfettered discretion immediately dispose of said chattels and things, in any manner She sees fit. The Tenant farther agrees to i.demnify tile Landlord for all expenses incorred by lief, ITl effectlng such removal, and in returning the premises to an ordinary state of cleanliness aud goad repair. IN WITNESS WtlEREOF the parties hereto have executed th~s ]ease by [heir duly a.thorizcd representatives, and the corporate seal of THE CORPORATION OF THE TOWN OF PICKERING has been affixed under the hands of its aathorized officers as of the date first above written. THE CORPORATION OF THE TOWN OF PICKERiNG per Date J. ANDERSON (Mayor) per Date B. TAYLOR (Clerk) HER MAJESTY TIlE QUEEN iN RIGHT OF CANADA as represented by TIlE MINISTER OF PUBLIC WOR~S BY: Date M. Richardson Project Site Haaager New Toronto Airport Project Brougham, Ontario BY: W. Leach Chief, Contract Administration Ontario Region Date ri'EM ITEM SCHEDULE C COMMERCIAL LEASE - CORPORATE DPW ID. NO. 614201-1 93 THIS LEASE made in pursuance of the Short Forms of Leases Act BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by The Minister of Public Works, hereinafter referred to as the "Landlord" OF THE FIRST PART AND THE CORPORATION OF THE TOWN OF PICKERING, 1710 Kingston Road, Pickering, Ontario, hereinafter referred to as the "Tenant" OF THE 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 hereinafter 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 6 , Town of Pickering, Regional Municipality of Durham , Province of Ontario, comprising 3o13 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 computed from the FIRST (lst) day of JULY 19 87 , and to be fully completed and ended on the FIRST (lst) day of JUNE 19 88 . Yielding and paying therefor during the said term unto the Landlord, yearly rent in the sums hereinafter specfied, in equal monthly instalments within each year as follows: ONE (1) DOLLAR ($1.00) FOR THE TERM due and payable in advance c~on the First (lst) day of JULY 1987 t/~x~~xx~x~xf~kmxkxda~x~xxxxxxxxxxxxx~xxx~ 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. IT-EM THE SAID TENANT accepts the demised premises in their present condition, AND COVENANTS 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; 2. The Tenant shall repair the premises at his own expense, reasonable wear and tear, mhd damage by fire, lightning and tempest only excepted; the said Lmndlord 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; 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 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 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; 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 bandlord may deem to be a nuisance, and that the Tenant shall use and occupy the said premises as a public playground only; 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 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 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 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 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 requirements of statutes, regulations, by-laws, rules and orders relating to the said demised lands and premises; 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, and shall at all tfmes keep the said premises in clean and wholesome condition, and shall, immediately before the termination of the term hereby grant~d, 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 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 tile Laadlord being first obtaiaed 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 emactment relating to liquidation or winding up, either voluntary or compulsory, ti~e said term shall immediately become forfeited and void, and mu amount equivaie~t 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 coveT~ants and agrees with the 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 the Tenant and that upon any claim being made for such exemption by the Tenant, or on distress being made by tbs Landlord, this covenant and agreement may be pleaded as an estoppel against the Tenant in any action brought to test the rigl~t to the levying opom soy sl~ch goods as are ~amed as exempted in any such statute or law, the Tenant waiving, as lie 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 WITH THE SAID TENANT for quiet enjoyment, wi~ile 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 Her to the demised premises; 14. THE 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 shall be deemed to be part of the rent reserved in this Lease and the remedies available to tile 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 the said premises, which he agrees to return upon quitting tile said premises; 16. Any alterations, additions or improvements of tile Tenant are subject to tile 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 heart.g, air conditfon(ng, 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 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 the destruction or partial destruction of the said premtses by fire, lightning, tempest, or otherwise, tile Landlord may, in ~ts sole discretion, declare the term hereby granted to be forthwith terminated, and in such event rent shall be payable up to the time of such destr~ctJo~ or partial destruction; 19. 20. 22. 23. 24. 25. 26. 28. During tile last two months of the 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; The Landlord shall have the privilege at all reasonable times during tile term hereby granted or any extension thereof, by Her 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; tile 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 tile reduction of the area of tile leased premises, an appropriate adjustment of rental shall be negotiated by the Parties; It is hereby understood and agreed that ail 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 contatued the Landlord shall have the right 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. Proviso for re-entry by the said Landlord on non-payment of rent or non- performance of covenants; In the case of a seizure or forfeiture of tile said term for any of the causes herein set forth, tile Landlord shall have tile same right of re-entry as is given under the next preceding proviso; Notwithstanding anything herein contained the Landlord's rig}it of re-entry hereunder for non-payment of rent or non-performance of covenants shall become exercisable immediately upon default being made; If the Tenant remains in occupation of tile 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 the property, payable in advance, and all the terms and conditions hereof, so far as applicable, shall apply to such monthly tenancy; Any notice given 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 the leased premises; It is agreed between tile parties hereto that every covenant, provfso 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 er 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 covemants herein contained shall be ~onstrued 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; The rights of the Landlord herein may be exercised by any official authorized by the Minister of Public Works; 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; ITEM 9'2 30. 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 fa[lure. 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; 31. 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 uuder this lease. In the event that the rent under this lease is increase~, the Tenant shall prepay to the Landlord at that time a sum equal to the difference between tile 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. 32. The Tenant covenants that, upon tile Tenant abandonl.g or vacating thc premlsos, or upon the expiration or other determination of this lease ill a.y other ma.net, tile Tenant shall forthwith remove from tile premises, all equipment, vehicles, chattels, livestock, materials, effects aod tbings, at any time brought or placed thereon by tile 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 otlLerwise caused during tile term of tile tenancy. The Tenant hereby agrees' that if he faiis to effect s.ch removal forthwith, that the said equipment, vehicles, chattels, livestock, materiaIs, effects and things shall be deemed abandoned and worthless, and that the Landlord may, in Her absolute and unfettered discretion immediately dispo~e of said chattels and things, in any manner She sees fit. The Tenant further agrees to ~odemo[fy tile Landlord for all expenses incurred by ller, fn effecttng such rems,vel, in returning the premises to an ordinary state of cleanliness and good repair. IN WITNESS WIIEREOF the parties hereto have execsted this lease by their duly ~uHI.uiz.d representatives, and the corporate seal of THE CORPORATION OF THE TOWN OF PICKERING has been affixed under the hands of its authorized officers as of the date first above written. THE CORPORATION OF THE TOWN OF PICKERING per. Date J. ANDERSON (Mayor) per Date B. TAYLOR (Clerk) ttER MAJESTY TIlE QUEEN IN RIGHT OF CANADA as represented by TIlE MINISTER OF PUBLIC WORKS BY: Date M. Richardso. Project Site Hanager New Toronto Airport Project Brougham, Ontario BY: W. Leach Chief, Contract Administratio. Ontario Region Date ITEM 't-t 515 -- ' 307 306 302 302 .... 3~.0 225 224 ...... 208- 310 509 304:-"--, 205 222 /221 224 ~,._.~ ~0 $00 200 202 198