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HomeMy WebLinkAbout86-152 .. .. THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 86-152 being a by-law to authorize the execution of an offer to 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 S.eal, .::In Offer to 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 24th day of November 1986. By-law read a third and finally passed this 24th day of November 1986. t2~.~... u......~ ,4-<:--"'1,...J e; May 0 r &~~4. Clerk .....,..... ......r___ .~ . THIS LNDENTURE made in triplicate as of the 1st day of July, 1986. lro. 1'1/07 .. IN PURSUANCE OF THE SHORT FO~S OF LEASES ACT SCHEDULE n N' BET WEE N THE CORPORATION OF 'l'BB TOW OF NEWCASTLE hereinafter called the -LESSOa- OF THE FIRST PART - and - THE REGIONAL MlJIUCIPALITY OF DUJUIAM hereinafter called the -LES~ 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 28 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 outlined in red on the plan attached as Schedule "A" hereto. TO HAVE AND TO HOLD,the said demised premises for and during the term of five yeaISto be computed from the 1st day of July, 1986 and from thenceforth next ensuing and fully to be complete and ended on the 30th day of June, 1991. YIELDING AND PAYING therefor yearly and every year during the said term unto the said Lessor the.sum df One hundred ($100.00) Dollars to be payable on the ~ first day of July each and every year, the first of such payments to become due and be made on July 1st, 1986 and the last payment to become due and be paid in advance on the 1st day of July, 1990. . II . . 2 - THE L~ssee,covcnants that it will not do or permit to be done on the said premises anything which may be a nuisance t 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 including, without limiting the generality of the foregoing, R ~adiv communications room. THE Lessee covenants that it will not do or permit to be done any act or thing which flIay make void or voidable any insurance upon any building t or part thereof t ,upon the said premises t or which may cause any increased or additional premitm to be payable for any such insurance. THE Lessee shall not allow any ashes, refuse, garbage or other loose or object~onable 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 ,condition. 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 ma~~Jdeclare 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 termidation 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 pe rmit them to be removed. AND that it will leave the premises in good repair, reasonable wear and tear and damage by fire, lightning and tempest only ~~cepted. '.Nl:{', ,j.) ,I, i - 3 - AND the said Lessee covenants with the said Lessor to pay rent; and that tile 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 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 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 permit access at all times to the said premises through the offices occupied by the Newcastle Fire Department. The Lessee shall have the right and option to renew the within lease upon maturity for a further term of five (5) years upon the same terms and conditions. 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. ~ "" . - 4 - l't IS FURTHER UNIJERSTOOD AND AGREED that this lease may be terminated during the term hereof by either party upon at least ninety (90) days written notice and shall tefminate on the last day of the third month following the giving of such notice. IT 'IS agreed between the pa rties hereto that every covenant, proviso and agreement herein contai~~~ 1ha11 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 jO,int 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. IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. THE CORPORATION OF THE TOWN OF NEWCASTLE PER: PER: THE REGIONAL MUNICIPALITY OF DURHAM PER: G. ~~airman PER: C. k - ~ " ~' ..: ~ \ 'TO C~uRC." St-. ~,. ~ t'~ ". c.~ or.: \ pAIl~'~G nc.lI ~~"r IJ.. SCHEDULE "A" ~ ofY\C, "~\..L. ~ t...oT ,\.c,t. (~ fo__t'i- . -llij~ ! ~ i II~ o ff\tl! 1 u ~ ... ... Slo'lt4E: Cutb.o19 '" \J /Jt. .. 200ft) '" 5 <'l-7> N E ~I\ /l.fJr.f'\ S <.A t:; ~l:-c. r SPIl <'c (' t. '_ ..A.,. __ I.. , J I. ,,~ !I tJft L__ ~~c.,c..:fl. P.ooM. , . t DATED: July 1st, 1986. . THE CORPORATION OF THE TO\VN OF r.."EHCASTLE - and - .... THE REGIONAL MUNICIPALITY OF DURHAM .~ LEASE t s. K. JAIN. Q. C.. Regional Solicitor. The Regional Municipality of Durham. 605 Roseland Road East. WHITBY. Ontario. LIN 6A3 Ires