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II ON: TR.52-99
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Report #:
Subject:
TR-52-99
FILE#:
File # "-04
Res. ~Pff-L/rf(--39
By-law # 11-/.31
Meeting:
General Purpose and Administration Committee
Date:
Monday August 30, 1999
LEASE AGREEMENT
247 KING STREET EAST
NEWCASTLE, ONTARIO
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report TR-52-99 be received;
2. THAT the attached By-law marked Schedule "A" be passed, authorizing the Mayor
and the Clerk to sign a rental agreement with Kaye Maher; and
3. THAT Kaye Maher be advised of Council's actions.
BACKGROUND AND COMMENT
Kaye Maher currently leases the apartment at 247 King Street East, Newcastle (above
Fire Hall), at a monthly rate of $594.83.
Staff have reviewed the cost of operating the building, relative to rental fees received. In
accordance with the Provincial Rent Review guidelines, a three percent (3%) increase in
the monthly rental from $594.83 to $612.67 was suggested to Kaye Maher. As in prior
years, a one (1) year lease is proposed. Staff have been advised the proposed rental
rate of $612.67 per month is acceptable and post dated cheques for the term of the
agreement have been received. As the building of new fire station is tentatively
scheduled for construction in the year 2001, the tenant has been advised that this will be
the last term for this agreement.
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REPORT NO.: TR-52-99
PAGE 2
The current lease expires September 1, 1999 and staff respectively recommends that the
proposed rental agreement be accepted, effective September 1, 1999. A copy of the
lease is attached, marked Schedule "B".
Respectfully submitted,
Reviewed by,
c)~--' 0k
Franklin Wu, M.C.I.P.,R.P.P.,
Chief Administrative Officer
802
"SCHEDULE A"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 99-
Being a By-law to authorize the execution of an offer to lease
Agreement between the Corporation of the Municipality of
Clarington and Kaye Maher in respect of a lease of premises
situated at 247 King Street East, Newcastle, Ontario.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS
AS FOllOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington with the Corporation Seal, an Offer to
lease Agreement between Kaye Maher, and said Corporation; and
2. THAT this agreement attached hereto as Schedule "B" form part of this By-law.
By-law read a first and second time this day of September, 1999.
By-law read a third time and finally passed this
day of September, 1999.
Mayor
Clerk
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"SCHEDULE B"
THIS INDENTURE made in triplicate the first day of September, 1999.
IN PURSUANT OF THE SHORT FORMS OF LEASES ACT
BE1WEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Hereinafter called the LESSOR
of the FIRST PART
and-
KAYE MAHER
Hereinafter called the LESSEE
olthe SECOND PART
WITNESSETH that in consideration of the rents, covenants and agreements hereinafter
reserved and contained on the part olthe Lessee, the lessor doth demise and lease unto
the Lessee, the apartment above Fire Hall #2, 247 King Street East, former Village of
Newcastle, now in the Municipality of Clarin9ton, from month to month.
The Lessee covenants with the Lessor to proVide post dated cheques for the term of the
Agreement and to pay $612.67, monthly and every month unto the Lessor commencing
on September 1, 1999 to August 31, 2000 and will not assign or sub-let without leave,
which leave shall be reasonable withheld. The Lessor will review the rental rate annually
and will provide written notice to the Lessee of any infiationary increase in rent for the
subsequent year by June 1" of each year, to be effective September 1" of each year.
NOTICES That any notice which either of the parties is required or permitted to give
Pursuant to any provision of this lease may, if intended for the Lessee, be
given by a writing ieft at the demised premises or mailed by registered
mail addressed to the Lessee at the demised premises, and if intended for the Lessor
by a writing ieft at the premises of the Lessor at or mailed by registered
mail addressed to the Lessor at the Lessor's said premises, and such
notice shall be deemed to have been given at the time it was delivered or
mailed, as the case may be.
OVER PROVIDED further and it is hereby agreed that should the Lessee hold over
HOLDING after the expiration of this lease and the Lessors thereafter accept rent for
the said premises, the Lessee shall hold the said premises as a monthly
tenant only of the Lessors but subject in all other respects to the terms
and conditions of the lease. The words importing the singular number
only shall include the plural, and vice versa, and words importing persons
shall include firms and corporations and vise versa.
r .
Unless the context otherwise required, the word "Lessor" and the work "Lessee"
wherever used herein shall be construed to include and shall mean the executors,
administrators, successors andlor assigns of the said Lessor and Lessee, respectively,
and where there are two or more Lessees bound by the same.
The lessee covenants that he will not do or permit to be done on the said premises,
Anything which may be a nuisance, and that the Lessee will use and occupy the said
Premises and will not carry on or permit to be carried on therein any trade or business.
The lessee covenants that he will not do or permit to be done any act or thing which
may made void or voidable any insurance upon any building, or part hereof, upon the
said premises, or which may cause any increase or additional premium to be payable
for any insurance. The Lessee shall not allow any ashes, refuse, garbage or other
loose or objectable matenalto accumulate in or about the building, yards, or passages
JA
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of the said premises, and will at all times keep the said premises, in clean and
wholesome conditions, and the said Lessor may
enter and view the state of repair.
Provided that in the event of the destruction of partial destruction of the said premises,
the Lessor 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.
AND that he will leave the premises in good repair, reasonable wear and tear and
damage by fire, lightning and tempest only expected.
PROVIDED that notwithstanding anything herein contained the Lessor's right of re-
entry hereunder for non-payment of rent or non-performance of covenants shall
become exercisable immediately upon default being made.
The said Lessor further covenants with the Lessee:
(a) during the term of this lease, whenever heat is reasonably required, to heat the
premises so as to keep such premises at a reasonable temperature;
(b) to provide water and sewer services;
(c) to keep and maintain the premises in good order and condition and to make
promptly all needed repairs thereto; and
(d) to provide during the term of this lease one (1) parking space for the exclusive use
of the Lessee, this space to be assigned by the Area Fire Chief.
HOLD
The Lessee shall indemnify and save harmless the Lessor and all
HARMLESS persons for whom it is law responsible from any and all liabilities,
damages, costs, claims, suits or actions arising out of:
Claims, suits or actions arising out of:
Any damage to property including loss of use thereof, and any injury to
any person or persons, including death resulting at any time therefrom,
occasioned by any act or omissions of the Lessee, ~s officers, agents,
servants, employees, contractors, customers, invitees or licensees, or
occurring in or on the Premises.
iN WITNESS WHEREOF the parties hereto have hereunder set there hands and seals;
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
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Diane Hamre, Mayor
t
Patti L. Barrie, Clerk
Kaye Maher
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