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HomeMy WebLinkAbout85-145 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 85-145 being a by-law to authorize the execution of an offer to renew a Lease Agreement with The Regional Municipality of Durham in respect of a lease for premises situate at 132 Church Street, Bowmanville (Durham Regional Police) THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY ENACTS AS FOLLOWS: THAT THE Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Town of Newcastle and seal with the Corporation Seal, an Offer to Renew Lease Agreement between the Regional Municipality of Durham and the said Corporation, which is attached hereto as Schedule "X". By-law read a first and second time this 16th day of December 1985. BY-law read a third time and finally passed this 16th day of December 1985. Mayor ~L~'<-O~ C 1 e rk 1" . ~. "-' , File ;0.............._............, ".........==.=J ~"'""'".'-..._-_.- - . . ,.. OFFER TO RENEW LEASE NAME OF LESSEE: NAME OF LESSOR: The Regional Municipality of Durham The Corporation of the Town of Newcastle EXPIRY DATE OF EXISTING LEASE: ADDRESS OF PREMISES: FILE NUMBER December 31, 1985 132 Church Street, Bowmanville LP-LEA-N-1 I/WE, The Corporation of the Town of Newcastle, the undersigned, being Lessors of the above noted accommodation, hereby offer to renew the said lease for a period of one (1) year from January 1, 1986, at an annual rental of $29,600.00, payable in advance in monthly installments of $2,466.67. All other terms and conditions to remain the same and the Region shall have the option to renew the said lease for a further period of one (1) year at a rental to be negotiated at that time. A note advising of the Region's intent to renew shall be conveyed to the Lessor at least three months prior to the expiry date of the lease agreement. Dated at this day of , 1985. Signature: Signature: Address: "' lb' ) f I 01. __ 41f ~~1 ,A(L-<7ft.I4'- :J.~lr -Iv ~ ~ ~y~ ~?tT . . THIS INDENTURE made in duplicate as of the 1st day of January, 1986. IN PURSUANCE OF THE SHORT FORMS OF LEASES ACT BETWEEN: THE CORPORATION OF THE TOWN OF NEWCASTLE hereinafter called the "LESSOR" OF THE FIRST PART - and - THE REGIONAL MUNICIPALITY OF DURHAM hereinafter called the "LESSEE" OF THE SECOND PART . WITNESSETH that in consideration of the rents, covenants, and agreements hereinafter reserved and contained on the'part of the Lessee, the Lessor doth demise and lease unto the Lessee, its successors and assigns, all that messuage or tenement situate, lying and being in the Town of Bowmanville, in the Regional Municipality of Durham being 2,270 square feet of space (herein called the premises) of the Lessor's building municipally known as 132 Church Street in the said Town of Bowmanville, as shown outliJae in red Ion the plan attached as Schedule "A" hereto~ TO HAVE AND TO HOLD the said demised premises for and during the term of one year to be computed from the 1st day of January, 1986 and from thenceforth next ensuing and fully to be complete and ended. . YIELDING AND PAYING therefor yearly and every year during the said term unto the said Lessor the sum of TWENTY-NINE THOUSAND, SIX HUNDRED ($29,600.00) DOLLARS, (calculated on the basis of 2,270 square feet at $13.03965 per square foot per annum), to be payable on the following days and times, that is to say: The sum of TWO THOUSAND, FOUR HUNDRED AND SIXTY-SIX DOLLARS AND SIXTY-SEVEN CENTS ($2,466.67) monthly on the first day of each and every month, the first of such payments to become due and be made in the sum of $2,466.67 on January 1st, 1986 and the last payment to become due and be paid in advance on the 1st day of December 1986. - 2 - THE Lessee covenants that it 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 carryon or permit to be carried on therein any trade or business other than that of the usual work and business of the Durham Regional Police Force. THE Lessee covenants that it will not do or permit to be done any act or thing which may make void or voidable any insurance upon any building, or part thereof, upon the said premises, or which may cause any increased or additional premium to be payable for any such insurance. THE Lessee shall not allow any ashes, refuse, garbage or other loose or objectionable material to accumulate in or about the building, yards or passages of the said premises, and will at all times keep the said premises in clean and wholesome conditions. PROVIDED that in the event of fire, lightning,or tempest, rent shall cease until the premises are rebuilt. . PROVIDED that in the event of the destruction or 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. . PROVIDED that the Lessor may place upon the said premises at any time during the said term a notice that the said premises are for sale, and within two months prior to the termination of the said term may place a notice on the said premises that they are to be let, and the Lessee agrees that it will not remove such notices, or permit them to be removed. AND that it will leave the premises in good repair, reasonable wear and tear and damage be fire, lightning and tempest only excepted. AND the said Lessee covenants with the said Lessor to pay rent; and that the said Lessor may enter and view state of repair, and will not assign or sub-let without leave, which leave shall not be unreasonably withheld. PROVISO for re-entry by the said Lessor on non-payment of rent or non-performance of covenants. PROVIDED that notwithstanding anything herein contained, the Lessorls right of re-entry hereunder for non-payment of rent of non-performance of covenants shall become exercisable immediately upon default being made. . . - 3 - The said Lessor covenants with the said Lessee for quiet enjoyment: THE Lessor further covenants with the Lessee: (a) during the term of this lease, whenever heat or cooling air-conditioning is reasonably required, to heat or air-condition the premises so as to keep such premises at a reasonable temperature; (b) to provide electrical current and lighting to the premises; (c) to employ competent janitors and cleaners to maintain the premises reasonably clean and dusted; (d) to keep and maintain the premises in good order and condition and to make promptly all needed repairs thereto; and (e) to provide during the term of this lease seven (7) parking spaces for the exclusive use of the Lessee in the parking area adjoining the premises. THE Lessee shall have the right and option to renew the within lease upon maturity for a further term of one (1) year upon the same terms and conditions save and except as to rental amount, which amount shall be negotiated at the time of renewal. A notice of renewal shall be served in writing upon the Lessor at least three (3) months prior to the expiry date of the lease herein. . THE Lessee shall have the right to terminate the contract upon three (3) months written notice to the Lessor. . IT IS agreed between the parties hereto that every covenant, proviso and agreement herein contained shall enure to the benefit of and be binding upon the parties hereto, and their heirs, executors, administrators, 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 neutor, as the case may be, were expressed. THE CORPORATION OF THE TOWN OF NEWCASTLE PER: Mayor PER: Clerk THE REGIONAL MUNICIPALITY OF DURHAM PER: G. Herrema, Regional Chairman PER: C.W. Lundy, Regional Clerk ~ .H.~ '-' . c., . ," f) ., ;', . ... ~ 7'.1- H. C::u. CWo ~ AllU '~J="~4 ,"/'/4- Q1ii:J JIllO:I , , ,. '].. II. cr.J.r. :\ ~~ ~. tilL 7JIlI:Il.Wo ClI1U" )lf~C$ < IU.U. ~ , (. .. r.o.UGS l14iciu. ~3"" " , , . Co' 'I' II. C::Ll. II. 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THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW being a by-law to authorize the execution of an offer to renew a Lease Agreement with The Regional Municipality of Durham in respect of a lease for premises situate at 132 Church Street, Bowmanville (Durham Regional Police) THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY ENACTS AS FOLLOWS: THAT THE Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Town of Newcastle and seal with the Corporation Seal, an Offer to Renew Lease Agreement between the Regional Municipality of Durham and the said Corporation, which is attached hereto as Schedule "X". By-law read a first and second time this 16th day of December 1985. By-law read a third time and finally passed this 16th day of December 1985. Mayor Clerk