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Home My WebLink About85-86 THE CORPORATION OF THE TOWN OF NEWCASTLE BY -LAW 85- 86 being a by-law to authorize the entering into a lease with Harry Locke (Community Services Depot) THE MUNICIPAL COUNCIL OF 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, a Lease between Harry Locke and the Corporation, dated the day of 1985, which lease is attached hereto and marked Schedule "A.II By-law read a first and second time this 24th day of June 1985. By-law read a third time and finally passed this 24th day of June 1985 ~4~~ ay, Luu.~~ er \ File NO.n....!.f_.:.2.:,:~:L..._..-...J l'H~Wf,omc and Gilhcrt. l...imilN1 Furm 27:1 Soon HOUSj[L-s G ) athi~ ~nd~nturt made in duplicate the 3 c -1/ day of ""'-YV\ CC; lu llllfliuuuu uf tl,t ~1,uft llfl1fUUi l1l iGl'UII1'1I Art 19~f ilrtmrrn MR. HARRY LOCKE of the TOWN OF NEWCASTLE in the REGIONAL MUNICIPALITY OF DURHAM hereinafter called the "Lessor" OF THE FIRST PART and THE CORPORATION OF THE TOWN OF NEWCASTLE hereinafter called the "Lessee" OF THE SECOND PART ;( ! \ L..::... Wihttlllirtl, that in consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the 8aid Lessee to be paid, observed and performed, the said Lessor hath demised and leased and by these presents DOTH demise and LEASE unto the said Lessee ALL THAT messuage and tenement located in the following munici- pali ty, ilamely, Town of Newcastle MARTIN ROAD and HIGHWAY NO. 2 at the southwest corner and being composed of a two storey cement block bui lding and adjacent property " . ... (hereinafter called the "premises"), upon the following terms and conditions: l ' '-(" I \i t l 2.(..~........ l'f' l' 7.. Newaome and Gilbert. Limited .'orm 2H Short House Le""e Pa&e 2 Wu i;UlIl' Ull~ tu 1tlulll the premises for and during the term of one year to be compu ted from the 1 st day of Ju ly , one thousand nine hundred and eighty-four and ending on the 30th day of June . one thousand nine hundred and eighty-five YIELDING AND PAYING therefor yearly and evej'y yeal' during the said term unto the said Lessor the sum of $ 9.240.00 of lawful money of Canada, without any deduction defalcation 01' abatement whatsoever to be payable 1 st day on the following 'days and times, that is to say: From the first day of JULY, 1984 and the 1st day of each month to and including the first day of JUNE, 1985 at the said rate of $770.00 per month; and That the Town of Newcastle will be given the option to negotiate a lease agreement for a further one or two years at the end of this agreement herein established. The first of such payments to uecome due and to be made on the next. day of THE Lessee agrees to deposit with the Lessor the sum of $ as prepaid rentt to be applied towards the last month's rent of the term. The Lessor agrees to pay to the Lessee interest annually thereon at the rate of 6'i{ pel' annum, Subject always to Section 85 of the Landlord and Tenant Act. if the Lessee abandons or vacates the prem- ises at any time prior to the expiration of the herein term of lease, the Lessor shall be pel'mitted to retain absolutely the aforesaid sum of money so deposited with the Lessor, THE Lessee covenants with the Lessor: to pay ren t 1\' J- , to puy water rates und chal'ges for gas, electricity and telephone, to maintain the pj'emises in a state of cleanliness, and to repair any damage caused thereto by his own wilful 01' negligent conduct 01' that of persons who are permitted on the premises by him. ~ ( not to cut down timber. not to assign 01' sublet without the consent of the Lessor, such consent not to be arbitrarily 01' unreasonably withheld. The Lessee shall pay the Lessor's reasonable expenses incurred thereby, not to carryon upon the premises any business that may be deemed a nuisance or by which the insuranec 011 the premises will be increasad.._ that he will leave the premises in good repair, reasonable wear and tear and damage by fire, lightning and tempest only excepted. that the Lessee, will repair according to notice in writing, reasonable wear and tear and damage by tlre lightning and tempest only excepted. to promptly notify the Lessor of any repairs to be made by the Lessor, and upon giving prior notice in aceonluncc with Section 93 of the L.lI1dlord and Tenant Act, the Lessol' shall be permitted to enter and view the state of repair and to make any such repairs. PROVIDED that the Lessee may remove his fixtures, if such removal may be, and is, done without injury to the premises. PROVIDED that in the event of damage to the premises by fire, lightning or tempest, rent shall tease until the premises are rebuilt. PHOVIDED that, where the premises become vacant and so remain for a period of 30 days, it shall be presumed that the Lessee has abandoned the premises and the Lessor may re-enter and take immediate possession of the premises. PROVIDED that if the Lessee be assessed as a Separate School Supporter, he will pay to the Lessor a sum sullk-ient to covel' the excess of the Separate School tax, over the public school tax, if any, for a full calendar year. PHOVISO for re-entry by the LessOl' on non-payment of rent or non-performance of cove- nants, fJl'Ovided that sUl'hre-entry shiH!. at all times, be in accordance with the provisions of the Landlord and Tenant Act. .. .. , ------------ iff 3&)) Ncw:sume and Gilbort. Limited t'o,", 275 Short Hou.e Lea.e Pllge 3 PROVIDED that, if the term hereby granted shall be at any time seized or taken in execu- tion or attachment, by any creditor of the Lessee, or if the Lessee shall make an assign- ment for the benefit of creditors, 01' becoming bankrupt or insolvent shall take the benefit of any Act that may be in force for bankrupt or insolvent debtors, the then current rent, tugether with the rent ('or three m()llth~ thereaftcr, shall immediately become due and payable, all sulJject to the provisions of the Landlord and Tenant Act, as amended. THE Lcssor shall maintain the premises in a good state of repair and fit for habitation during' the herein lease in order that the premises comply with health and safety stan- dards requircd by law. THE Lessor covenants with the said Lessee for quiet enjoyment, 'I'll E Lessee covenants with the Lessor to permit the said Lessor during the last month of the cUlTency of this lease, to put up upon the said premises, notice of his intention to lease the same; and also to permit during the same time, such person or persons as he may be desirous of leasing the said premises at the expiration of this lease to visit and inspect the same on written notice to the Lessee, given at least twenty-four hours before the time of entry, which shall be during daylight hours and specified in the notice, IT IS HEREBY agreed between the parties hereto that if, upon the determination of the lease by eflluxion of time, the Lessor permits the Lessee to remain in possession of the premises and accepts rents in I'l:sped thereto, a tenancy from year to year shall not be created by implication of law, but the Lessee shall be deemed to be a monthly tenant only. Strike out it not applicable AND the said spouse of the said Lessor hereby consents to the transaction evidenced by this Indenture. IT IS HEHEBY declared and agreed that the expressions "Lessor" and "Lessee", wherever used in this Indenture, shall. when the context allows, include, be binding on and enure to the benefit of not only the parties hereto, bllf'al~<1' their respective executors, administrators and assigns. AND it is further agreed between the parties hereto that wherever the singular and masculine are used throughout this lease they shall be construed as if the plural or femi- nine had been used, where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes thereby rendered had been made, IN WITNESS WHEREOF the said parties hereto have hereunto set their hands and seals, . ' - / / ~inUl'll. !5>l'.th'll null IDdtul'l'l'll 1 /..' in the presence of M;: ;~,r~y ~OCk:' 1 THE CORPORATION OF THE TOWN 0 I NEWCASTLE. I ~ ~ 4--~ I' c,'U(C<~ ~CrIN~ Mayor Clerk RECEIPT OF TENANCY AGREEMENT: I/WE hereby' acknowledge receiving a duplicate original copy of the herein lease this day of , 19 Lessee (Tenant) Lessee (Tenant)