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
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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:
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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
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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