Loading...
HomeMy WebLinkAbout86-34 . , . THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 86-34 being a by-law to authorize the execution of a lease agreement between The Visual Arts Centre of Newcastle and the Corporation of the Town of Newcastle (Lease, Cream of Barley Mill) THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY ENACTS AS FOLLOWS: 1. 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 Seal, a lease agreement between the Visual Arts Centre of Newcastle, and the said Corporation, dated the day of 1986, in the form attached hereto as Schedule "XIJ. 2. THAT Schedule IIAII attached hereto forms part of this by-law. By-law read a first and second time this 10th day of March 1986 By-law read a third time and finally passed this 10th day of March 1986 ayor ~UD.~ erk I ..,.. - .. ] F~la No,I!eLflr.<i.-... · ~",,,,,,,,,,,,~-,,....~,,,,..-..~......~.,..,.......,.,.,.. ~,......................_.,......,,.,..~-"'-~._,,-"'--'"'.....- " ~ THIS INDENTURE MADE THE 1=5 '1H DAY OF Hilt IN PURSUANCE OF THE SHORT FORMS OF LEASES ACT. 1986 BETWEEN: THE CORPORATION OF THE TOWN OF NEWCASTLE (hereinafter cc.lled the "Landlord") OF THE FIRST PART -and- THE VISUAL ARTS CENTRE OF NEWCASTLE A Corporation Incorporated under the Laws of the Province of Ontario (hereinafter called the IITenantll) OF THE SECOND PART WITNESSETH that in consideration of the rents and covenants hereinafter set forth the Landlord hereby leases unto the Tenant the lands and premises describec~ in Schedule "All attached hereto; TO HOLD the premises for a term of TWENTY-FIVE (25) YEARS from the date hereof. The Tenant paying therefor yearly in advance during the term hereby granted the sum of ONE ($1.00) DOLLAR of lawful money of Canada, the first such payment to be due and payable upon the execution hereof and subsequent payments to be due and payable on the 29th day of March in each year during the term hereof. 1. The Tenant covenants with the Landlord as follows: a) to pay rent; , b) to provide public liability and property damage insurance in an amount not less than $1,000,000.00 for each occurrence during the currency of this lease; c) to maintain and make normc.! repairs necessary for the operation of the building; d) to pay during the term hereof all rates and charges for water, gas, electric lights, telephone and power and other public utilities or services supplied to the premises; and any municipal taxes levied thereon; e) to maintain and keep the premises, described in Schedule IIAII hereto, and every part thereof, in a clean and tidy condition and not to permit waste paper, garbage,: ashes or waste or objectionable material to accumulate thereon. .. . -2- e) not at any time to permit any mechanic's, labourer's material-man's or similar lien to stand against the premises for any labour or materials furnished to, or with the consent of, the Tenant. its agents. or contractors, in connection with work of any character performed or claimed to have been performed on the premises by or at the direction or sufference of the Tenant; PROVIDED, however, that the Tenant shall have the right to contest the validity of or the amount claimed under or in respect of, any such lien, if such contestation shall involve no forfeiture, foreclosure or sale of the premises or any part thereof, but upon a final determination of such contest the Tenant shall immediately pay and satisfy any judgement or decree rendered against the Tenant. with all proper costs and charges, and cause such lien to be discharged and released off record. all without cost or expense to the Landlord; PROVIDED FURTHER that on the Tenant's failure promptly to remove or contest any such lien, the Landlord. at its option. may pay and discharge such lien. and all amount paid by or en behalf of the Landlord, together with all expenses incurred in connection therewith by or for the Landlord shall be charged to and paid forthwith by the Tenant as additional rent; g) to indemnify the Landlord from any and all liabilities, damages. costs, claims, suits or actions growing out of any negligence or breach, violation or non-performance of any covenant or proviso hereof on the part of the Tenant ot any of its servants. agents, or employees or any person having business with the Tenant. Such indemnification in respect of any such negligence, breach, violation or non-performance occurring during the term of the lease shall survive any termination of this lease, anything in this lease to the contrary notwithstanding; PROVIDED, however, that such indemnification shall in no event extend to the direct, primary and proximate results of the negligent, reckless or wilful conduct of the Landlord, its agent, employees or representatives; 2. The Landlord covenants with the Tenant as follows: a) for Quiet enjoyment; 40 -3- b) Subject to the approval of the Landlord that the Tenant when not in default of performance of any of its obligations hereunder shall have the right to make at its own expense such alterations or additions and improvements to the premises as it may deem advisable provided that no such alteration, addition or improvement shall reduce the value or character of the premises or weaken their structural safety or be detrimental to their use. 3. Proviso for re-entry by the said Landlord on non-payment of rent or non-performance of covenants. 4. Provided that the Tenant may remove its fixtures and property. 5. Provided that the Tenant may share in common with others so entitled the public washroom facilities and connecting common areas to such facilities adjoining to the north of the main or first floor of the subject premises. 6. Provided that the Tenant hereby agrees to use the subject premises as a centre for the arts and to maintain its Charter and By-laws in a form the same as or similar to the present ones now in existence so that the membership in the Tenant organization will be open and available to all members of the Community who comply with the rules and regulations of the Tenant, such rules and regulations to be of a form usual to such organization. 7. Should the Tenant cease to be active in the Town of Newcastle for more than six months, this Lease shall be forfeited and I vacant possession shall be given forthwith to the Landlord. 8. Provided that should the premises be damaged or destroyed by fire or other cause, the proceeds of any insurance held by the Tenant and/or Landlord shall be used to rebuild the premises if practicable; otherwise such proceeds shall be used to provide a Centre suitable to the Tenant to be used and occupted_bY1the Tenant on the same or a similar basis ~ that upon which the premises hereby leased now are used and occupied. ~, ~t( 9. The Tenant may terminate this lease by giving notice in writing to the Landlord and the effective dates of such termination shall be six months after such notice is received by the Landlord. 10. If the Tenant goes out of possession of the premises, the Landlord may enter and take such steps as may be necessary to maintain same and the Tenant may acquire possession of the premises once again if it pays to the Landlord the latter's reasonable expenses in so maintaining the premises provided that , -4- such right to regain possession shall lapse six months after the Tenant first goes out of possession. 1. At the termination of the term or any renewal of this lease, the Tenant shall have the right of first refusal to rent the premises. IN WITNESS WHEREOF the Tenant has hereto affixed its corporate seal duly attested by the hands of its proper officers in that behalf and the Landlord has hereto affixed its corporate seal duly attested by the hands of its Mayor and Clerk. SIGNED. SEALED AND DELIVERED ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) THE CORPORATION OF THE TOWN OF NEWCASTLE THE VISUAL ARTS CENTRE OF NEWCASTLE I ~f)~ AVuf PRES IDENT SECRETARY ," I' . .. SCHEDULE "A" 1. The use of portions of the structure or bUilding known as the "Cream of Barley Mill" located in the Town of Newcastle in the Regional Municipality of Durham, now situated on lands described as Part of Lot 9, Concession 1, particularly designated as Part 1, Plan 10R-263, and being the following floors and rooms therein: a) All of the basement floor area, adjoining rooms and connecting hallway therein, said latter rooms being commonly known as the utility-storage and the fireplace rooms, and b) All of the entire first, second and third floor areas and any partitioned rooms or spaces therein. 2. The use of an adequate quantity of land immediately surrounding the Mill structure, referred to in paragraph 1 in this Schedule, sufficient for the purposes of automobile parking for all Mill functions and activities as well as necessary ingress and egress to and from the said Mill structure.