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HomeMy WebLinkAbout94-138 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW #94- 138 Being a By-law to authorize the execution of an offer to Lease Agreement between the Corporation of the Municipality of Clarington and Claude Miller is 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 Claude Miller 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 12th day of September, 1994. By-law read a third time and finally passed this 12th day of September, 1994. ~~..dA-J.J fj " 4., b--"-7~ e~..,,) 9'/- I SCHEDULE "B" THIS INDENTURE made in triplicate the first day of September 1994. IN PURSUANT OF THE SHORT FORMS OF LEASES ACT BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON herein called the LESSOR of the FIRST PART - and - CLAUDE MILLER herein called the LESSEE of the SECOND PART OVER HOLDING 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, the apartment above Fire Hall #2, 247 King Street East, former Village of Newcastle, now in the Municipality of Clarington, from month to month. The Lessee convenants with the Lessor to provide postdated cheques for the term of the agreement and to pay $531.07 rent, monthly and every month unto the Lessor commencing on September 1, 1994 to August 31, 1995 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 inflationary increase in rent for the subsequent year by June 1st. of each year, to be effective September 1st. 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 left 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 left 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. PROVIDED further and it is hereby agreed that should the Lessee hold over 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 vice versa. Unless the context otherwise required, the word "Lessor" and the word "Lessee" wherever used herein shall be construed to include and shall mean the executors, administrators, successors and/or assigns of the said Lessor and Lessee, respectively, and where there are two or more Lessees bound by the same covenants herein contained, their obligations shall be joint and several. HOLD HARMLESS Page - 2 - The Lessee covenants that he will not do or permit to be done on the said premises, anything which may 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 thereof, 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 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, and the said Lessor may enter and view the state of repair. 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. 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 convenants 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. The Lessee shall indemnify and save harmless the Lessor and all persons for whom it is law responsible from any and all liabilities, damages, costs, 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, its officers, agents, servants, employees, contractors, customers, invitees or licensees, or occurring in or on the Premises or any part thereof arising from or occasioned by any cause whatsoever, except where such damage or injury is due to the act, default or negligence of the Lessor, its officers, agents, servants, employees, contractors, customers, invitees or licensees. .. Page - 3 - IN WITNESS WHEREOF the parties hereto have hereunder set their hands and seals: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Mayor Clerk ~ Mr. Claude Miller I ~~/b SCHEDULE "B" THIS INDENTURE made in triplicate the first day of September 1994. IN PURSUANT OF THE SHORT FORMS OF LEASES ACT . BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON herein called the LESSOR of the FIRST PART - and - CLAUDE MILLER herein called the LESSEE of the SECOND PART OVER HOLDING 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, the apartment above Fire Hall #2, 247 King Street East, former village of Newcastle, now in the Municipality of Clarington, from month to month. The Lessee convenants with the Lessor to provide postdated cheques for the term of the agreement and to pay $531.07 rent, monthly and every month unto the Lessor commencing on September 1, 1994 to August 31, 1995 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 inflationary increase in rent for the subsequent year by June 1st. of each year, to be effective September 1st. 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 left 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 left 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 been given at the time it was delivered or mailed, be. PROVIDED further and it is hereby agreed that should the Lessee hold over 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. deemed to have as the case may The words importing the singular number only shall include the plural, and vice versa, and words importing persons shall include firms and corporations and vice versa. Unless the context otherwise required, the word "Lessor" and the word "Lessee" wherever used herein shall be construed to include and shall mean the executors, administrators, successors and/or assigns of the said Lessor and Lessee, respectively, and where there are two or more Lessees bound by the same covenants herein contained, their obligations shall be joint and several. tfL+-1'5Y ----- Page - 2 - The Lessee covenants that he will not do or permit to be done on the said premises, anything which may 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 thereof, 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 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, and the said Lessor may enter and view the state of repair. 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. 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 convenants shall become exercisable immediately upon default being made. The said Lessor further covenants with the Lessee: HOLD HARMLESS (a) during the term of this lease, whenever heat is required, to heat the premises so as to keep such a reasonable temperature; to provide water and sewer services; 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. The Lessee shall indemnify and save harmless the Lessor and all persons for whom it is law responsible from any and all liabilities, damages, costs, claims, suits or actions arising out reasonably premises at (b) (c) 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, its officers, agents, servants, employees, contractors, customers, invitees or licensees, or occurring in or on the Premises or any part thereof arising from or occasioned by any cause whatsoever, except where such damage or injury is due to the act, default or negligence of the Lessor, its officers, agents, servants, employees, contractors, customers, invitees or licensees. .. ., . " . Page - 3 - IN WITNESS WHEREOF the parties hereto have hereunder set their hands and seals: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Mayor Clerk e~ ~.~~ Mr. Claude Miller