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HomeMy WebLinkAbout86-93 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 86- 93 being a By-law to authorize execution of a lease agreement with Veltri and Son Limited (Temporary accommodation Veltri Complex, King Street, Bowmanvi 11 e ) . THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY ENACTS AS FOLLOWS: THAT the Mayor and Clerk are hereby authorized to execute, on behal f of the Corporation of the Town of Newcastle and Seal with the Corporation Seal, a lease agreement, between Veltri and Son Limited and the said Corporation, a copy of which lease is attached as Schedule "A". BY-LAW read a first time this 4th day of July 1986 BY-LAW read a second time this 4th day of July 1986 BY-LAW read a third time and finally passed this 4th July 1986. day of L~, ~.. MAYOR ~~~( J. ({A 6= CLERK .... -'~--'~' ..,-,."~J I File No...jQ.g,L(7.!2...... .. . ,_.....,."...""""'_._-~--._'.....,..........-.~,.._..~ Newsome and Gilbert, Limited Form 940 Store Lease ~hi5 ~ltdtnturt made (in duplicate) the day of July ,19 86 lilt pursUKutt of t~r t;~ort lJformJl of ~tKJltJl Att irtmrrn VELTRI AND SON LIMITED hereinafter called the "Lessor" OF THE FIRST PART and THE CORPORATION OF THE TOWN OF NEWCASTLE 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, his heirs, executors, administrators and assigns, or its successors and assigns, as the case may be, THAT messuage or tenement located in the following municipality, namely, Town of Newcastle, In the Regional Municipality of Durham and the Province of Ontario, Canada and being composed of HANNING PLAN - BLK R. LOT 30, 31 PART OF LOT 28, 29, 246 NOW RP 10R622 PART 1 TO 6 AND RP 10R1573 PART 3 CONSISTING OF UNITS A,B,K, & H OF APPROXIMATELY 3,275 SQ. FT. r,1UNICIPALLY KNOWN AS 68 KING STREET EAST, BOWr1ANVILLE, IN THE TOWN OF NEWCASTLE, ONTARIO TO HAVE AND TO HOLD the said demised premises for and during the term of ONE YEAR (12 months) to be computed from the FIRST day of one thousand nine hundred and EIGHTY - S I X and fully to be complete and ended, AUGUST and thenceforth next ensuing, STORE LEASE-Page 2-941 .. YIELDING AND PAYING therefor yearly and every year during the said term unto the said Lessor the sum of TWENTY - TWO THOUSAND, NINE HUNDRED AND TWENTY-FIVE -----------------------------($22,925.00)-------------------------- dollars, to be payable on the following days and times, that is to say: THE FIRST OF EACH AND EVERY MONTH. the first of such payments to become due and be made on the FIRST day of AUGUST, 1986 next, and the last payment to become due and be paid in advance on the FIRST day of JUL Y 19 87 THE Lessee covenants that he will not do or permit to be done on the said premises anything which may be annoying to the Lessor, or which the Lessor may deem to be a nuisance and that the Lessee will use and occupy the said premises as a shop or store and priv~te dwelling house only, and will {l"Qt <;~rr'y on or..J!ermit to be carried on therein any trade or business other than that of MuNICIpAL BU~INESS OPERATIONS. THE Lessee covenants that he will not do or permit to be done any act or thing which may make void or voidable any insurance upon any buildin~, 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 condition, and shall, immediately before the termination of the term hereby granted, wash the doors, windows and woodwork of the said premises. 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 or partial destruction. PROVIDED also that during the last two months of the said term any stranger or strangers may inspect the said premises, on any day except Sunday, on producing a written order to that effect signed by the Lessor. 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 ter- mination of the said term may place a notice on the said premises that they are to be let, and the Lessee agrees that he will not remove such noticeG, or permit them to be removed. PROVIDED also that if the term hereby granted, or any of the goods and chattels of the Lessee, shall be at any time seized or taken in execution or in attachment by any creditor of the Lessee, or if a writ of execution shall issue against the goods or chattels of the Lessee, or if the Lessee shall execute any chattel mortgage or bill of sale of any of his goods or chattels, or if the Lessee shall make any assignment for the benefit of creditors, or becoming bankrupt or insolvent shall take the benefit of any Act that may be in force for bankrupt or insolvent debtors, or in case the said premises become vacant and so remain for the period of TH I RTY ~ 30) days, or be used for any other purpose than that for which they were let, or in case the Lessee shall attempt to abandon the said premises, or to sell or dispose of his goods and chattels so that there would not in the event of such sale or disposal be, in the opinion of the Lessor, a sufficient distress on the premises for the then accruing rent, then the current month's rent, together with the rent for the three months next accruing and the taxes for the then current year (to be reckoned on the rate for the next preceding year in case the rate shall not have been fixed for the then current year), shall immediately become due and payable, and the said term shall, at the option of the Lessor, forthwith become forfeited and determined, and the Lessor may re-enter and take possession of the said premises as though the Lessee was holding over after the expiration of the said term, and in every of the above cases such taxes or accrued p:Jrtion thereof shall be recoverable by the Lessor in the same manner as the rent hereby r/!'served. PROVIDED that the Lessee may remove his fixtures if all rent due hereunder has been paid. THE brought upon the premises, and that the a " "."_.~.~-~".-- e any mortgage, lien or other charge. STORE LEASE-Page 3-942 . AND that he will leave the premises in good repair, reasonable wear and tear and damage by fire, lightning and tempest only excepted. REAL Pl10PERTY AND the said Lessee covenants with the said Lessor to pay r~nt; and to paYf!taxes, including local improvements; and to pay water rates; and to repaIr, reasonable wear and tear and damage by fire, lightning and tempest only excepted; and to keep up fences; and not to cut down timber; and that the said Lessor may enter and view state of repair, and that the said Lessee will repair according to notice in writing, reasonable wear and tear and damage by fire, lightning and tempest only excepted; and will not assign or sub-let without leave, and such consent may, notwithstanding any statutory enactment to the contrary, be arbitrarily refused by the Lessor in his sole and uncontrolled discretion. PROVISO for re-entry by the said Lessor on non-payment of rent or non-performance of covenants, PROVIDED also that in the case of a seizure or forfeiture of the said term for any of the causes herein set forth, the Lessor shall have the same right of re-entry as is given under the next preceding proviso. THE Lessee covenants that he will keep the sidewalks in front and at the sides of the said premises free of snow and ice; and that the Lessee shall not, during the said term, injure or remove any shade trees, shrubbery, hedges or other tree or plant which may be in, upon or about the said premises, and that he will keep in good condition the boulevard and other sodded spaces about the said premises. 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. IN consideration of the foregoing and of the leasing and letting by the Lessor to the Lessee of the premises hereby demised for the term hereby granted (and it is upon that express understanding that this indentm e is entered into), the Lessee hereby covenants and agrees with the Lessor that notwithstanding any statute or law to the contrary, none of the goods or chattels of the Lessee on the said premises at any time during the con- tinuance of the said term shall be exempt from levy by distress for rent in arrears by the Lessee as provided for by any Act above referred to, and that upon any claim being made for such exemption by the Lessee, or on distress being made by the Lessor, this covenant and agreement may be pleaded as an estoppel against the Lessee in any action brought to test the right to the levying upon any such goods as are named as exempted in any Act above referred to, the Lessee waiving, as he hereby does, all and every benefit that could or might have accrued to him under and by virtue of any such Act but for the above covenant, AND it is hereby agreed between the parties hereto that should the Lessee remain in possession of the said premises after the determination of the term hereby granted, without other special agreement, it shall be as a monthly tenant only, at a rental of $ 1,910.42 per month, payable in advance on the FI RST day of every month, and subject in other respects to the terms of this -lease, THE Lessee hereby acknowledges that he has received keys of the said premises, which he agrees to return upon quitting the said premises. THE LESSEE COVENANTS TO PAY FOR HEAT, LIGHT, HYDRO AND WATER EFFECTIVE FROM AUGUST 1, 1986. THE LESSOR COVENANTS WITH THE SAID LESSEE TO PERt1IT IMMEDIATE ENTRY TO THE PREMISES RENT FREE TO CARRY OUT ANY LEASEHOLD IMPROVEMENTS REQUIRED. THE LESSOR COVENANTS WITH THE SAID LESSEE TO PROVIDE PARKING SPACES LOCATED IN THE PARKING LOT AT THE REAR OF THE BUILDING. 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 neuter, as the case may be, were expressed. J!A~"~~5!i~~flRrt~~P6ltAfEar~ir~CSerB51 fapJThEe$r~BtoTBe~ ~~H fafff~D~n~~e~~E I R PROP ER ~igurb. ~rn1rb nub irliurrrb SIGNINr OFFICERS, DULY AUTHORI ZED N THAT BEHALF. in the presence of VEL T AN SON LH1 ED ( J RES. TH ATION OF THE TOWN OF NEWCASTLE ~,e..c.---~ERK "