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HomeMy WebLinkAboutBy-law 1706/83THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 1706/83 Being a by-law to authorize the execution of an Agreement between the Corporation of the Town of Pickering and the Regional Municipality of Druham with respect to the rental of Part Lot 22, Range 3 for public parking purposes. WHEREAS the Corporation of the Town of Pickering is desirous of renting lands from the Regional Municipality of Durham in Part Lot 22, Range 3 being the former Frenchman's Bay Water Pollution Control Plant for public parking 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 Agreement, in the form attached hereto as Schedule "A", between the Corporation of the Town of Pickering and the Regional Municipality of Durham with respect to the rental of Part Lot 22, Range 3 for pub- lic parking purposes. BY-LAW READ a first, second and third time and finally PASSED this 4th day of July, 1983. Schedule "A" to By-law 1706/83 THIS LEASE made the lOth day of March, 1983 In Pursuance of the Short Form of Leases Act BETWEEN: THE REGIONAL MUNICIPALITY OF DURHAM hereinafter called the "Landlord" OF THE FIRST PART - and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Tenant" OF THE SECOND PART 1. LEASED LANDS In Consideration of the rents, covenants and agreements herein contained on the part of the Tenant to be paid, observed and performed, the Landlord leases to the Tenant and the Tenant leases from the · Landlord the lands located in the Town of Picketing, in the Regional Municipality of Durham and being composed of Part of Lot 22, Range 3, Broken Front Concession, Town of Pickering, Regional Municipality of Durham, as more particularly shown outlined in red on a sketch attached hereto as Schedule "A" together with all other appurtenances, easements and rights-of-way pertaining thereto. TERM To have and to hold the ]ands for and during the term of fi~years (hereinafter called the "Term") to be computed from the 1st day of ~n~r~ , 1983 and ending on the ~' day of 1ZPccc~c~-, 1~8~ RENT (a) Yielding and paying therefor unto the Landlord an annual rent of One ($1.00) Dollar. (b) Al1 payments required to be made by the Tenant under or in respect of this Lease shall be made to the Landlord at 105 Consumers Drive, Whitby, or to such address as the Landlord may from time to time designate. TENANT'S COVENANTS The Tenant hereby covenants with the Landlord as follows: (a) To pay rent. (b) To use the lands for the sole purpose of a parking lot for motor vehicles and uses incidental thereto, it being understood that the Landlord shall be under no obligation to pave or otherwise improve the lands or to ready them in any manner for such use and occupation by the Tenant, but the Tenant may at its own expense construct on the lands a parking lot together with all necessal~ equipment and facili;:ies including suitable barracades and entrances. The Tenant shall be responsible for acquiring at its experse all necessary permils and permissions as may be required to allow the use of the said lands for the purpose of a parking lot. (c) To comply properly with and to conform to the requirements of all applicable statutes, laws, by-laws, regulations, ordinances and orders from time to time or at any time enforced during th~ term hereof and affecting the condition, maintenance, use or occupation of the lands and the structures, equipment and facilities erected or situated thereon. Id) To pay all taxes (including local improvement rates), rates, icence fees, duties and assessments that may be levied, rated, charged or assessed against the lands or any part thereof and against all structures, equipment, installations and facilities thereon, and any improvements made thereto, and without limiting the generality of the foregoing, every other tax, charge, rate, assessment or payment which may become a charge or encumbrance upon or levied or collected in respect of .the lands or any part thereof, whether charged by any municipal, parliamentary or other body during the term hereby demised. (el To prepare, maintain and keep the lands and the structures, equipment, facilities and erections which may from time to time be situate thereon in good and substantial repair. (fl That it will comply properly with all requirements of the local Board of Health, Police or Fire D~partment and municipal authorities respecting the manner in which it uses or maintains the said lands and the structures, equipment and facilities erected or situated thereon. (gl That it will not do or ~nit to do or permit to be done or omitted anything upon or in respect of the lands, the doing or omission of which (as the case may be) shall be or result in a nuisance or which shall be annoying or disturbing. (h) To pay all charges for electrical, water, sewage, gas, light, heat, power, telephone or any other services used in connection with the lands and the use thereof for the purpose of the Tenant. (il To indemnify and save the Landlord harmless from any and all liabilities, damages, expenses, causes of action, suits, claims or judgments arising from injury to persons or damage to property on the lands or upon the adjoining streets and sidewalks. (j) To obtain and maintain and keep in force during the Term hereof and any extensions or renewals thereof for the mutual benefit of the Landlord and Tenant, general public liability insurance against claims for personal injury, death,~roperty damage occurring in, on or about the lands, improvements or sidewalks adjacent to the lands or improvements ~n the following amount: One Million Dollars combined single limit. The Tenant may, at its option, bring its obligations to insure under this paragraph within the coverage of any so-called blanket policy or policies of insurance which it may now or hereafter carry by appropriate amendment, rider, endorsement or otherwise, provided however, that the interest of the Landlord shall thereby be as fully protected as it would be if this option to use blanket policies was not permitted. Copies of certificates of any such policies shall be delivered to the Landlord within thirty {30) days after procurement thereof. All such policies shall contain a clause or endorsement to the effect that it may not be terminated or materially amended except after ten (10) days written notice thereof to the Landlord. (k) Not to place, leave or permit in or upon the said lands, or the roads and sidewalks adjacent thereto any refuse and not to allow any ashes, refuse, garbage or other loose or objectionable material to accumulate in or about the said lands. - (1) Not to suffer or permit during the term hereof any mechanics' liens or other liens for work, labour, services or materials ordered by it or for the cost of which it may in any way be obligated to attach to the lands and that whenever and so often as any such liens shall attach or claims therefor shall be filed, the Tenant shall within thirty (30) days after the Tenant has notice of the claim or lien, procure the discharge thereof by payment or by giving security or in any such manner as is or may be required or permitted by law; and the Tenant further covenants that whenever and so often as a certificate of action is registered relating to any of the liens referred to in the preceding sentence, the Tenant shall within thirty (30) days after the Tenant has notice of the registration of such certificate of action have the same vacated. (m) At the expiration or other termination of this Lease to remove such structures, equipment, facilities and other erections erected upon or situate in or upon the lands without injury thereto; provided however that if any injury or damage shall be caused to the lands by such removal, the Tenant shall forthwith cause any such injury or damage to be repaired at its expense and shall restore the whole of the lands to the same condition as near as practicable as they were before any entry thereon. LANDLORD'S COVENANTS The Landlord covenants with the Tenant as follows: (a) For quiet enjoyment. 6. ASSIGNMENT AND RIGHT TO SUBLET The Tenant shall not sublet the lands without the prior written permission of the Landlord which permission may be arbitrarily withheld. 7. HOLDING OVER Any holding over after the expiration of the Term or extensions or renewals thereof with the consent of the Landlord shall be construed to be a tenancy from month to month on the same terms and conditions herein specified so far as applicable except as to the length of term. 8. LIABILITY The Landlord shall not in any event whatsover be liable or responsible in any way for: (a) Any personal injury or death that may be suffered or sustained by the Tenant or any employee of the Tenant or any other person who may be upon the lands; or (b) Any loss of or damage or injury to any property including motor vehicles and the contents thereof while such property is on the lands; or (c) Any damage cause by or attributable to the condition of the lands. EARLY TERMINATION This lease agreement may be terminated by either party, by giving to the other, in writing, one year's notice to such effect; provided however that should the Landlord determine to sell the said premises, then this lease agreement may be terminated by the Landlord upon giving the Tenant six month's notice to-this effect. IT IS agreed that every covenant, provision and agreement herein contained shall enure to the benefit of and be binding upon the parties hereto, and their successors and 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. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals. THE CORPORATION OF THE TOWN OF PICKERING Per: Mayor Clerk THE REGIONAL MUNICIPALITY OF DURHAM Per: Chairman Clerk Liverpool Road Guardrail Bridge Exit Hydro poles Entrance manhole Existing chainlink fence PROPOSED TOWN OF PICKERING PARKING FACILITY Frenchman Bay Sewage Treatment Plant Property 44 Parking Spaces each 10' x 18' with 30' turning area. Stream