HomeMy WebLinkAbout87-81
.
THE CORPORATION OF THE TCMN OF ~STLE
BY-LAW NUMBER 87- 81
Being a By-Law to authorize the entering into a
Lease with Harry Locke
The Municipal 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 Seal, a lease between Harry Locke and the
Corporation dated this day of April, 1987, which lease
is attached hereto and marked Schedule "X".
2. That this By-Law not take effect until approved by the ontario
Municipal Board, pursuant to Section 64(1) of the Ontario
Municipal Board Act.
By-Law read a first and second time this 27th day of April 1987.
By-Law read a third time and finally passed this 27th day of April 1987.
Mayor
.~~
Clerk
. .
E 870566
Ontario Municipal Board
Commission des affaires municipales de l'Ontario
IN THE MATTER OF Secti on 64 of
the Ontario Municipal Board Act,
(R.S.O. 1980, c. 347 as amended)
q1 / ~ \
- and -
IN THE MATTER OF an application
by The Corporation of the Town of
Newcastl e for an order approvi ng
the enteri ng into a proposed
lease agreement between the
applicant and Mr. Harry Locke
with respect to the leasing of
the 1 ands known as Marti n Road
and Highway No.2 at the southwest
corner and being composed of a
two (2) storey cement block
building with attached metal clad
structure and adjacent property
for the purpose of renting
warehouse space for storage of
recreational equipment for a
period of five years, commencing
on the 1st day of July, 1987, and
the disbursement of sums of money
payable thereunder, all in
accordance with such proposed
agreement annexed hereto as
Schedule IIAII
B E FOR E :
- and -
]
]
]
]
]
]
]
Monday, the 25th day
of May, 1987
K.D. BINDHARDT
Member
G.A. HARRON
Member
THE BOARD ORDERS that this application be granted and that the applicant
may enter into such lease agreement, provided that the Council of the
applicant corporation in exercising any power approved by this order shall
...., <'f
- 2 -
E 870566
comply and conform with all statutory and other legal requirements related
thereto.
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E 870566
Ontario Municipal Board
Commission des affaires municipales de I'Ontario
SCHEDULE HAn
to the order of the Ontario Municipal Board
IIilde on the 25th day of May, 1987
A copy of the proposed agreement to be entered into by The Corporation of
the Town of Newcastle with Mr. Harry Locke.
,.
, COlllmcrcial Lensc.
SCHEDULE "A"
C'"pnl~hl I'''. Dye 0\ 1.11"".11I IJllllttd
0,. & D.,h... tifllli..d. tOfonto
',in'." 10 Ih. l.vol ',ol.",oft
Form UO.8U
I'
1lChis lJndrnturr
made the
one thousand nine hundred and
lIn 13urssuanetof tbe $;>bort jf ormss of l.eaSStSS met
day of . .
AI
Jhletween
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
Proml...
WITNESSETH that in consideration of the rents, covenants and agreements hereinafter
reserved and contained on the part of the said Lessee, to be paid, observed and performed, the said
Lessor has demised and leased and by these presents doth demise and lease unto the said Lessee
ALL THOSE CERTAIN PREMISES excluding any part of the external walls known
lli1d . described as
in the Town of Newcastle (formerly the Town of Bowmanville), in the
Regional Municipality of ' Durham and known as Martin Road and Highway NO.2
at the southwes~ corner and being composed of a two (2) storey cement
block building with attached metal clad structure and adjacent property.
.
.'
Torm
TO HAVE AND TO HOLD the said demised premises for and during the terlll of
Five (5) Years
to be computed from the 1st day of July
and from thenceforth ensuing and to be fully completed and ended on the '
day of June 19 92
1987
30th
Ronlal YIELDING AND PAYING THEREFOR yearly and every year during the said term
hereby granted. unto the said Lessor, the sum of setforth in Schedule "A" attac'hed hereto.
dvance on the
day of each and every month during the said term,
be made on Ihr.
The said Lessee covenants with the said Lessor to pay rent.
Buain...
Tax..
AND to pay all business taxes in respect of the business carried on by the Lessee in and
"pon or by reason of their occupancy of the premises hereby demised;
.. '.Il
. Ccni'llcrcilll Lease-Page 2.
0,. & Dvtho", 1 ''''IUd
Form '60.6r.6
Itepa,ir
1'~~t'loI'l no!. 11)0 J Du,ham Uno"'"
f A..iqrtment
Bu.in...
Fixturu
Electric
Pow.r
All.rations.
Partition..
Etc.
Bankruptcy
or
In.olt..ncy
Rul.. and
Regulation.
Remod.lling
and Sol.
AND to repair (reasonable wear and tear, and damage by fire, lightning and tempest only
excepted) ;
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
lear and damage by fire, Iightring and. tempest excepted);
AND that they will leave the premises in good repair (reasonable wear and tear and
damage hy fire, lightning and tempest only excepted); .
AND will not assign or sub-let the whole or any part of the demised premises without leave;
the Lessee hereby waives and renounces the benefit of any present or future act of the Legislature
of Ontario which would allow the Lessee to assign or sub-Jet this lease, without leave of the Les~or.
AND the said Lessee covenants with the said Lessor, its successors and assigns:
(a) THAT the said de)nised premises will not, during the said term, be at any time used lor any
other purpose than that of
(b) AND THAT no fixtures, goods or chattels 01 any kind will, except in the ordinary cour~e
Ilf husiness, he n~lJlovcd from the demised premises during the term hereby demised or at any time
there'after withollt the written consent of the Lessor, its sllccessors or assigns, being first had and
obtained, until all rent in arrears as well as all rent to become due during the remainder of the term
hereby granted shall have been fully paid, or the payment thereof secured to the satisfnction of the
Lessor or its assigns.
( c) THAT the Lessee will not, during the said term or at any time prior or subsequent thereto,
purchase, acquire or use any electric current for lighting or other purposes except from the company
or corporation which shall for the time supply the Lessor with electric current for such purposes in
the said building; the intention being that without the written consent of the Lessor, there 5hall he
only one system of electric lighting in the said building.
. (d) THE Lessee hereby covenants to pay all charges for electric energy (for light and power)
and gas used by the Lessee in the demised premises.
(e) THAT if the Lessee shall during the said term desire to affix or erect partitions, counters
or fixtures in any part 01 the walls, floors or ceilings of the demised rremises, it may do so at its own
expense at any time and from time to time provided that the Lessee I rights to make luch alterations
to the demised premises shall be subject to the following conditions:- .
( I ) THAT before undertaking any such alterations, the Lessee shall submit to the Lessor a
. plan showing the proposed alterations and shall obtain the approval and consent of the
Lessor to the same.
I
(2 ) THAT all such alterat~s shall conform to all building by-laws, if any, then in force
affecting the gemised pre~ses.
(3) THAT such ~lterations will not be of such kind or extent as to in any manner weaken the
structure of the building after the alterations are completed or reduce the value of the
building. '
.
. (f) THAT, except as herein provided the Lessee will not erect or affix or remove or change
the location.. or style of any partitions or fixtures, without the written consent of the Lessor bcin~
first had and obtained.
(g) THA T, at the expiration of the term hereby granted, or any renewal thereof, all fixtures
belonging to the Lessee shall remain upon the demised premises until taken down by the Lessor,
and the Lessee shall forthwith, upon the same being taken down, remove the same from thr
demised premises first paying to the Lessor the expense of such taking down and making good all
damage occasioned to the demised premises by the taking down or removal thereof.
(h) THAT, if th~ term hereby granted or the goods and chattels of the Lessee or any assignee
or sub-tenant shall be at any time seized or taken in execution or attachment, or if the Lessee or
.any such assignee or sub-tenant shall make an assignment Cor .the benefit of creditors or shall
become bankrupt or insolvent, or make a proposal to its creditors, or without the conSent of the
Lessor being first obtained in writing, shall make a sale, under the Bulk Sales Act, in respect of goods
on the premises, or being a company shall become subject to any legislative enactment relating to
liquidation or winding up, either voluntary or compulsory, the said term shall immediately becollle
forfeited and void, and an amount equivalent to the next ensuing three months' rent shall be at once
due and payable.
(i) THAT the Lessee and its clerks, servants and agents will at all times during the occupancy
of the demised premises observe and conform to such reasonable rules and regulations as shall he
made by the Lessor from time to time including the rules and regulations set forth in Schedule "A It
hereto and of which the Lessee shall be notified, such rules and regulations being deemed to be
incorporated in and form part of these presents.
(j) THA T, in the event of the Lessor desiring at any time durin~ the term, or any renewal
thereof, to remodel the said building, or any part thereof, or to take down the said buildinR, the
Lessee will on receiving six months' notice in writing, surrender this lease and all the remainder of
the term, if any, then yet to come and unexpired, as from the day mentioned in such notice,' and
will, subject ne\'ertheless to the provisions hereinbefore contained thereupon, vacate the premises
and yield up to the Lessor the peaceable possession thereol. IT IS UNDERSTOOD that the said
six months' notice need not elCpire at the end of any year or at the end of any month, and in the
event or the day fixed for termination of the lease expiring on Some other day than the last day of
a lIIonth, the rent for such month shall be apportioned for the broken period.
IT IS AGREED between the Parties hereto that in the event of a sale of tfle said premisr~
or if the said premises be expropriated or condemned by any Department of the Federal, Provincial
. , Co1nmercial Lease-Page 3.
l'op)'lI.II' II". I),. . DU'II.m '.Imlltol
.,.
Protecth.
In.tallaUona
Vi.lre..
Taxe. and
Rat..
Healing
Aee...
Voidane. of
Lecue
Vaeant or
Improper
U..
0,,, & 0"'''0"' l",,,"'d
Form fir,Q.Ar,r.
or Municipal Govcrnments thcn the Lessor shall have the right notwithstanding anything 11l~..rin
contained to tcrminate this lease upon giving three months' notice in writing to the Lessee of hi~
intention so to do or by paying the said LessCl: a bonus of three months' rent, in which laller
event, the Lessee undertakes to vacate the said premises at the cxpiration of thirty (30) days flolll
the delivery of such notice.
THE LESSEE agrees to pay the cost of any installations, additions, or alterations to Ill('
said premises that the Lessor may be required to make by any Municipal, Provincial or othe..
governing authority, or requested by any private protective system used by the Lessees, for the
security and prottt\ion of the Lessee and his employees and his or their eITects including bul /lilt
so as to I.imit the foregoing installations, additions and altcrations for fire and theft protection ami
all stich Installations, additions, or alterations shall forthwith become the property o( the Lessor.
AND the Lessee furlher covenanls, promises and agrees with the Lessor that notwith-
standing any present or futurc Act of the Legislature of the Province of Ontario, none of the good~
or chattels of the Lessee at any time during the continuance of the term hereby created on the s;lid
demised premises shall be exempt from levy by distress for rent in arrears by the Lessee as pro\'ided
for by the said Section of said Act, and that upon any claim being made for such excmption by the
Lessee or on distress being made by the Lessor, this covenant and agreement Illay be pleaded a~ ;\11
estoppel against the Lessee in any action brought to test the right to the levying upon any such goods
as arc named exempted in the said Section, the Lessee waiving as he her~by dO<'s all and e\"!"1 Y
benefit tllnt could or might have accrued to him under and by virtue of the said section of the said
act but for the above covenant. . .
The Lessor covenants with the Lessee for quiet enjoyment.
The Lessor further covenants with the Lessee as follows:
(a) To pay :ill taxes and rates, municipal, parliamentary or otherwise. including water ratr~
for the normal supply of cold water to the said premises, assessed a~ainst the demised prcl\lis('~ of
the Lessor or Lessee on account thercof saving and excepting any business taxes amI taxes Upllll
personal property or income of the Lessee, license fees, or other taxcs illlposed upon the properly,
business or income of the Lessee;
PROVIDED THAT;
(i) IN THE EVENT of the Lessee being assessed as a Separate School Supporter, aud hy
reason thereof the amount of the taxes payable on the said premises being increased 0\1'1
the amount payable on an assessment as a Public School Supporter, then and in such event
the Lessee covenants and agrees with the Lessor to pay to the Lessor the amount of such
increase upon demand being made therefor in writing by the Lessor. It is understood and
agreed that such increase shall be payable by the Lessee notwithstanding the fact that :It
the time such demand is made, the Lessee may have ceased to be a tenant of the Lessor.
In the event of the Lessee failing to pay to the Lessor the amount o( such increase upon
demand as herein provided, then the Lessor shall have the same rights and remedies for
collection thereof as for the rent in arrears.
(ii) THE LESSEE covenants and agrees to and with the Lessor that if there shall be an
increase in municipal taxes payable by the landlord over the amount shown by thc
immediately last tax bill issued by the municipality. in which the demised premises arc
situate prior to the date of this lease the Lessee will pay any such increase apportioned
over the term of the within lease and the renewal (if any) hereinbefore provided and th:lt
any such it\crease in municipal taxes shall be deemed to be part of the rent reserved here-
under and all the remedies available \0 the Lessor relating to rent both hereunder and at
law shall apply, mutatis mutandis, thereto.
(b) To Ileat the said premises between the 15th day of October and the 1st day of May next
ensuing in each year in such manner as to keep the said premises at a reasonable temperature for
the reasonable use thereof by the Lessee during reasonable business hours except during the making
of repairs, and in case the boilers, engines, pipes, or other apparatus or any of them used in eIT ecting
the heating o( the said demised premises shall at any time become Incapable of heating said
premises as aforesaid, or be damaged or destroyed, to repair said damage or replace said boilers,
engines, pipes or apparatus or any o( \hem or (at the option of the Lessor) substitute other hrating
apparatus therefor within a reasonable time, provided, however, that the Lessor shall not be liable
(or indirect or consequential damages for personal discomfort or illness arising from any default
of the Lessor;
(c) . To gi\'e the Lessee, his agents, clerks, servants and all persons transacting b\lsines~ with tht'
Lessee, in common with other persons, the right to enter the demised premises by means of the
main entrance on
and free use of the stairway and passages from the street to the said premises at all reasonable
timcs, subject to rules and regulations in regard to the said building as roay he passed (rol1\ time
to time.
PROVISO for J'e-entry by the said Lessor 011 non-payment of rent or non-performance
of co\'enants.
IT IS FURTHER DECLARED AND AGREED that in case the said premise~ or any
part thereof, become and remain vacant and unoccupied for the period of fifteen days, or be used hy
allY other person or persons, or for :lOy other purpose than as above provided, without the written
consent o( the Lessor, this lease shall, at the option of the Lessor, cease and be void, and the tefm
hereby created expire and be at an end, anything hereinbefore to the contrary notwithstanding
and the proportionate part of the current rent shall thereupon become immediately due and
payable, and the Lessor may re-enter and take possession of the premises as though the Lessee
or other occupant or occupants of said premises were holding over after the expiration or the term;
or in such case instead of determining this lease as aforesaid and re-entering upon the dcmiscd
premises, the Lessor may take possession of the demised premises, or any part or parh thereor, and
let and manage. the same and grant any lea.~c or leases thereof upon such terllls':is to the Lessor
or its assigns may appear to be reasonable, and demand, collect, receive and distrain for all rcntal
" 1:"!'III,IoCrcinl I.Cl\!Ic-J'ngc -t.
.'"I'r,I.''' JlOI, 11," " f1111"Anl 1.llIIlIf.1
, Waler aDd
Ga. Damag.
Ri..k. of
Injury
Nolice of
Accident
Inau.ance
Buaine..
nol 10 b. a
Nui.ance
Siqn
Elnalor
Water
rial.
Gla..
fir.
0,. & Ow. he", 1,,,,,,,,,
,,'.,. m 'i,U,8r,n
..
which shall become payable in respect thereof, and apply the said rentals after dcducting all
cxpenses incurred in connection with the demised premises and in the collection of the said rent
induding reasouahle commission for the collection thereof and the management of the demised
premises, upon the rent hereby reserved, and the Lessor and its assigns and every such agcnt
Hcting as aCoresaid (rolll time to time, shall in so acting be the agents of the Lessee, who alont' shall
he respollsihle lor their acts, and the Lessor and its assigns shall not be accountable for any mOllcys
except those actually received, notwithstanding any act, neglect, omission or default or any such
agent actillg as aforesaid.
AND IT IS FURTHER DECLARED AND AGREED THAT the Lessor shall not Ill'
liable for any damage to any property at any time upon the demised premises arising lrolll gas,
steam, water, rain or snow, which may leak into, issue or flow (rom any part of the said buildillg.
or from the gas, water, steam or drainage pipes or plumbing works of the same or (rom any other
"lace or quarter or lor any damage caused by or attributable to the condition or arrangement of 311)'
electric or other wires in the said building.
The Lessee shall be Hable (or any damage done by reason ol water being left runllillg
Irom the taps in the demised )1Temises or Irom gas permitted to escape therein.
AND the Lessor shall not be responsible for any personal injury which shall be sustained
by the Lessee or any employee, customer, or other person who may be upon the demised prcluises
or in thc said building or the entrances or appurtenances thereto. All risks of any such injlll Y
beillg assllllled by the Lessee, who shall hold the ,Lessor harmless and indemnified therefrom,
THE Lessce shall give the Lessor prompt written notice ol any accident or other defcct ill
the sprinkler systcm, water pipes, gas pipes or heating apparatus, telephone, electric or other wirl's
on any part of the premises. .
THE Lessee covenants with the said Lessor that his said business to be so carried 011 in till'
said building will not be of sllch a nature as to increase the insurance risk on the said prcmises '"
cause the Lessor to pay an increased rate of insurance premiums on the said premises lIy rcason
thereoC and it is distinctly understood that in case said business so carried on by the Lessee is or
becomes oC such a nature to increase the insurance risk or causes the Lessor and/or other oCCUP;lIlls
o( the said building to pay an increased rate or insurance premiums, that the Lessee will frolll tilu('
to time pay to the Lessor the increased amount of insurance premiums which the said Lcssor and
other occupants of the said building have to pay in consequence thereof; providcd that thc Less,.(.'
covenants that he will not carry on or permit to be carried on any business in the said building wllieh
may make void or voidable any insurance held by the Lessor or the other occupants of the said
building.
PROVIDED that the Lessee will not do or permit anything to be done 011 the said
prelllises or permit or keep anythin~ tlll~rcin which may be annoying to the Lessor or OtlllT
eccupants o( the said bui/dmg or which the said Lessor may deem to be a nuisance and that 110
lII:lchiriery shal\ be used therein which sha1\ cause any undue vibration in or to the said premises
and that in case of the Lessor or any other occupants of the said building reasonably cOll1plaininl{
that any machinery or 9peration or process is a nuisance to it or them or which causes any undut'
vihration or noise in tf1~ hid premises, that upon receiving notice thereol, the said Lessee will
immediately abate such huisance; The said Lessee covenants not to obstruct or interfere with the
rights o( the Lessor or other occupants of the said building or in any way injure or annoy thcltI
or connict with any of the rule and regulations of the Board of Health or with any Statute or
municipal by-law. .
,
AND IT IS HEREBY FURTHER AGREED by and between the said Lessor and the said
Lessee that 110 sign, advertisement or notice shall be inscriLJed, painted or aOixed by the said Less('('
011 any part o( the outside or inside of the building whatever, unless of sllch manner, color, si7.e alld
style and in such places upon or in said building as shall be first dcsignated by the Lessor, and.
furthermore, the Lessee, on ccasing to be Lessee of thc demised premises, will, before rClllo\"ill~
his goods and fixtures (rom the said premises, cause any sign as aforesaid to be removcd II'
obliterated at his own expense and in a workmanlike manner to the satisfaction of the Lessor.
TilE Lessor undertakes to maintain elevators in said lmilding which arc to be run du.ing
the ordinary business hours of every business day of the year, but not during puulic holidays or
SundaY5, except at the option of the Lessor. The Lessee shall, subject to the Lessor's rules and
regulations, have free use of such elevators in common with others lawfully using the sallie, but tht'
Lessee and its employees and all other persons using any such elevator shall do so at it5, his, her
or their'sole risk, and under no circumstances sh..1I the Lessor be held responsible (or any dalllagf'
or injury happening to any person whilst using such elevator, or occasioned to any pcrsol\
by such elevator or any appurtenances and whether such damage or injury shall happen by reasoll
o( the act, omission or negligence or otherwise of the Lessor, or any of its employees, servallt5,
agents or otherwise' howsoever.
THE Lessor agrees to pay for normal water consumed on the said premises lJUt in the
event of any abnormal consumption of water either by reason of the character of the business carried
on by the Lessee or by the use of mechanical or other contrivances the Lessee consents to thc
installation of a water meter at his own expense, if necessary, and further agrees to pay for the
excess water consumed on the said premises.
THE Lessee agrees at his own expense to replace any plate glass or other gla.~s that has
been broken or removed during the term o( the within lease or of any renewal thereo( and ",ill
during the said term keep the plate glass fully insured in some company approved by the Lessor.
PROVIDED that if during the term herein or any renewal thereof the premises shall bl'
destroyed or damaged by fire or the elements then the followlllg provisions shall apply:
(a) If the demised premises shall be so badly injured as to be unfit lor occupancy. ar!d as In
be incapable of being repaired with reasonable diligence within one hundred and twenty days o( the
happening of such injury, then the term hereby granted shall cease and be at an end to al/ intclIls
~...~
l :ullI;Uercilll J.1'3Se-1'1lItC G.
."",.1.111 I.... ",0 .\ lIu,h.nl Lln.llrd
Dr. I Dv,ho", li...if.d
form '&0.18'
SCIIEDULE OF RULES AND REGULATIONS FORMING PART OF TilE WITIUN LEASE
I. Th.. .hlewalka. ..ntr.ne.... cleutora. .talrw.,. .nd corrldo... or tho b\llldlnw .hall not be obot,...,tt'd b, an, t..nant. 0' \1...1
I.,. tl....n rOt an, 01 h,'r "\1'1'0'" th"n for Inll..... a"d ..a'.... \0 .nd f,om th..I, ,..p..etl... omce.. and no t........t .h.U plac.. or .1I0w \0 b..
,.\"....,1 In the hnllw..,.. rarr"I".. or .t'lrw.,. an, wa.t.. I.ope,. d\l.t. ..r..... ,..r..... 0' an, thin. what..... th.t .h.1I t..nel \0 mob
tI...m n..I'.... ..n.I....". untld, 0' IIllh,:
2. Th.. 11..0." ..k,.lIl1hla a"d ...11\110.... th.\ ,..II~ 0' aelmlt Ilwht Into p..........,. 0' Into .n, plac.. In th.. ..lei b"lIdln.
,',nll n..t be N.yo.,..1 0' ..bwt,,,et.... It, an, or th.. t..n.nto. .nd "0 .....In,. .h.1I be P\lt 0"" .n, ..It.elow I U,. w.tor cl....... ...eI oth.., .......,
."1'.'.'''' .hnll n"t b.. ...t'd fo, .n, p",,_. othe, th.n tho... fo' ..hI.h th.., ....... con.tr\lett'd. .nd "0 ......pln... ,..bbl.h. ..... ..h... 0.
...ltrr ."b.hn,... ..h..1l I", thro..n th.....ln. ..nd .n, d.m.... r"'\lIUn. to th..m lrom mi...... .h.1I be born.. b, th.. un..nl. b, whom 0' b,
.. ho.. ..ml,lo,.... the d.m.... .... ............
I. All ...intl... .I.n.. Inl..,lor .I.n. .nd .I.n. on .1... doon mUR be app,o,," In ..rIUn. .., th.. lA...., belo,.. th.. L..u.. ..........
.. ll~n conlrocto. to ".Int ..Id .i.n.. and .U ."eh .1.... .h.U be p.lnted In the lorm p,...lo...I, ... appro",,4 b, tho L......r.
4. In Ih.. "yonl th.1 thO' lAuor pruyltl... and In.tall. a P..bllc Dl...etory Doard In.leI.. the m.ln .ntr....e \0 the b"lIdln... th..
It OAne. u.. tt"u"nl:t" lI"nte or ..am... .han be ".aeed on the ..Id Board al lh. ..p.nH of .ueh tenanl or ten. nil. ...me to be ehar.td
,.. tI.. ....n.nt 0' t..nant. In the month'. bill ror rPnt n.."t rPndert'd. and .h.1I be reco...rable .. rent.
5. I( An, .llln. .dye,tl...ment or notl... .h.n be In.crlbet!. p.ln.... or .mud b, th.. L.._ on or 10 .n, p.rt 01 the ..Id bulldln.
..h""..r. th..n thc .....oor .hall be at libert, to ..nt.r on ..Id pr..ml.... and pull down .nd take ...., an, '\lch .I.n. .elyertl..ment or
n',lIt.. .nd th.. ""pt'n.c th...cor .h.1I be p.,.bl.. b, th.. lAue...
,. If It, re.oon or .n, .It.r.tlon. which the Lea.ee m., m.ke or m., p..,mll to be m.ele. ..Ilh or ..Itho"t the ""no.",
co( the L.....r. to .n, I"ort or th.. d..mloed ..r<rlhl.... or to .", ""ture. In the dpml.... pr..m..... the .ddlllon 01 .n, eq..lpmcnt or th..
u,.. of .n, m.t...I.1 ...hlch the .........e. It. ..mplo,.... or other peroon. permitted b, th.. L...e.. to be on the p...ml.e. m., u... 0' k...p In
110. ...Id ..'.ml.... Ot An, eh..nlle In the t,pe of oee..p.nc, 01 th.. deml.ed preml.... which the Leaa.. m., m.ke or pe,mlt to be m.d..
tht.. i. .n, Ine'"".e In the In.".....e preml\lm. p.)'able bT th.. Lea.or on .n, IIr.. In.ur.n.e which m., be In elfen or whl.h th.. .......0.
,..aT h..,...rte, pl.ce upon th.. b..lldln. of ..hlch the d..ml.t'd preml... rorm . P.rt. th.. ......... 'lrrec. 10 p., to th.. LeaIO' the .mount
o( .u.h InulPJl... and th.. p..tI.. a.re. th.t a .tat..ment b, the In.urance broker of the lAllIOr of the amount of .u.h IDcreue .h.1I be
/i".1 and hlndinll U\lOIl the p.rtl....
T. No .at.... machln..ry. "'Iulpm..nt. heay, m...eh.nell... or .n,thln. lI.bl. \0 InJu,.. o. d..tro, .nT p.rt 01 th.. b\llldln. .haU
I... tak..n Inlo It wllhout th.. con..nt 01 th.. I......oor In wrIUn.. .nd the .......10' .haU In..1I e..... ......In the po..e, \0 limit the ....I.ht ...d
In<ll..te the plu. whe,.. .u.h ..10' '" th.. like I. to ...nd. .nd th.. _t 01 ...p.lrin. .n, .nd .11 d.m'lr" done to the bulldlnll b, takln.
In or puttlnl( O\lt '\lch ..r.. or th.. like or durlna th.. time It I. In or on the p...ml.... .h.1I be p.ld 10' on elem.nd b, the ten.nt who '0
...u..... It. No tcnant .hall load .n, lloor be,ond It. r...lOn.bl.. wel.ht e.n,ln. e.paclt, .. ...t lorth In th.. munlelpal or othe, cod...
a"plltable to the b"lIdln..
I. In ord... that the deml..... pr..ml... m., be kept In'. rood .tat.. of p.....r..Uon and .Ie.nllne... th. ten.nt .h.1I d\lrln. tho
,ontl nu.nc. or Ita I...e p.rmlt th.. J.nllor or c..et.k... 01 th.. ........r to take char... 01 .nd cl..an th<o d.ml.ed p...ml.....
t. No t..n..nt .h.1I emplo, .n, peroon or p..r...n. other th.n th.. J.nltor or c.ret.ker 01 the lA.oor fo' the p"rpose or .uth
,'e..nlnl( or or t.klnl( ch...e of ...Id "'eml..... It beln. underatood and ..",ed th.t tho JAoaor .h.1I be In no wl.e ...pon.ible to .n, ten.nt
fnr ..n)' ...... of p,opert, (rom th.. eI..ml.ec1 prpml.e.. howeyer oecurrlna. or .n,. dam... don.. \0 the I..rnltu,. or othe, elfe.t. of .n, ten.nt
I'T Ihe J.nltor or e....t.ker or an, or It. ..mplo'......
10. The I....or .hnll h.y.. th.. rl..ht 10 ..nter the dpml.ed preml.... .t rlOoonable houro In th.. d., 10 u.mln. the .ame or to m.ke
.".h ,,'p.lro .nd .lter..Uon. AI It .h.1I d""m nee....". lor the ..fet, and pr..erv.tlon of the b"IIe1ln.. .nd .1.0 du,lnw the th,ee month.
I.rninu. to the ""I.I...Uon or th.. I.... of th.. dpml.ed pr..ml.e.. \0 uhlblt the ..Id preml... to be let .nd put upon them It. \I.u.1 notl...
.. .'or R.nt". ...hlch ..Id notlc.. .h." not be r..moyed b, .n, t..n.nt.
II. Nnthln. .h.1I be thro..n b, the un.nu. th..lr cl",k. or ..",anto. out 01 th.. wlndo... or door. or do..n the p........ .nd
.k)'.lIl(ht. 01 the bulldln..
12. No .nlm.l. .h.1I be k.pt In or .bout the pr..mlae..
11. If tit.. ........... d...I,... tele.r.ph or t..lpphon... eell bell or other prl.,.te .1.n.1 _necUon.. th.. 1.<o'lOr r...."'.. the rl.ht to
.liI.tel th.. cleclrlclan. 0' oth.r workm..n .. \0 wh.r.. .nd how the wire. .... to be Introd...ed. .nd ..Itho"t '\leh ell.eetlon. no borln. or
.utUn. for wlr.. .h.1I t.k. .,Ia.e. No other wlr... of .n,. klnel .hall .... Introd\let'd ..Itho\lt the wrlt...n eon.ent 01 the JAoao,.
U. No' on. .h.1I .... t1... I....ed pr..mlae. lor .Ieepln. .partm.."to 0' ,...ldenUal purpo_
16. T..n"-nto ..nd th"'r e,n..Io,... .h.ll not m.... or commit .n,. Improper noI... la tho blllldlnw. or In .n, w., Intl,Ie", with or
,,,.no, oth... t...."I. ur tho... h,YI". .....Ine.. with them.
U. All t..lll1n1. mull oba.n. Ilrlet Car. not 10 .llow th..lr ...Indo... 10 r..maln op.n eo .. 10 .dmlt rain or .now. or 10 .. 10
Int.rr.... with tho h fttlnlr. 01 tho b\llldln.. Th.. t.n-nt. nOlrl..Una thl. rul. ..III .... r..pon.lbl. lor .n, InJur, .....ed to tho prv"ort, or
"Ih.. ten.nt. or to the ",opert, of the Lea..., b, ...eh c.r.I....n..... The lAlaH. when .Ioaln. 011I..... lor "...Ine... d., or ...enln.. .h.1l
~,..... .11 ..Indow. .nd loek All don...
17. The lA..... 'lC.u. not 10 plae. an, ad.lltlon.1 loek. upon an, eloor. 01 th.. dpml.ed pr..ml.... .nd not to p.rmlt .n, dupllcale
~~)'. 10 be m",lp th.....ror; Itut to u.e onl, .ddillon.1 k..)'. obtained Irom the lAllIOr. at th.. e"p..nae of th.. lAUH. and to ."rreaeler to
I.p.oor on the termination or th.. Ie.... all kp,. or the ..Id preml.....
18. Th.. .......~e .h.1I .Iy~ to the Lc.lOr prompt wrlU..n notice 01 .n,. ..cld..nt or .n,. derect In the ...t... plpll. ... pip.... he.tln.
"I'par.tu.. t.lpl,hone or .......trl. lI.ht. or Ctth... wlr.. In .n,. p.rt of ..Id bulldln..
tll. No, Inll.mm.b1c 011. or oth... Inn.mmabl... d.n.ero", ~r exploll.. materl... ahall be ..pt or p.rmltt" 10 be k..pl In the
d.ml..... preml.~..
.
20. The c.rptak... ...11I h.... eharap or aU radlatora and ..III .1". all Infonnatlon for U... m.n....ment of the ..m... an4 the
I........ ah.11 Illve to the w....r .,rompt wrlUpn notice of an, .ccldent 10 o. d..recta In th.. ...ter pip... or haUn. apparat...,
21. No blcyrle. 0' nth... ""hi. I... .hall be brou.ht within thO' b\llldln. or upon the ........r.. prop..rt,. Ineludln. an, I.nc 0'
"uurlyard.
22.
I... ..I.......
N'lthl".. .hnll Ire 1.ln~.~1 on th.. o\ltold.. 01 ..Indow. or proJ.,cuon. or the deml..... pnml..... No .Ir-conelltlonln. "'Iulpm..nt .h.1I
.t tI.e ..Ind...... or th~ d..ml.... p'eml.... wltho..t the con.ent In ..rlun. of the Lee...r.
Spllira. hooks. n.U.. ...r.... or knob. .h.1I not be p..t Into the ...11. or wood..ork.
No frel.ht. furniture or pa.ka.e. will be rec..IYN In th.. buildln. or carried up or do..n In the ..1"".lor betwHn the hou.. 01
$ ...m.
23.
2f.
~ a..n. IInd
25. All Jrl..... I"ck. an.1 trimmln... In or u"on the doo.. or wlndo... of the d.mlnd pr.ml... .h.1I be ....pt ...hol. and whrn....r .n,
,.art thpreor .hftll ....cnm.. broken. the .am.. .h..U .... Imm.....l.tel, ",pl'aerd or rep.lred unel... th.. direction .nd to th.. oaUd.cLlon 01 the
1.....0'. .nd .uth rcplacpment. .nd r..palra .h.1I be p.ld fo, .., the ......lIe.
26. No h"av, "'Iull"npnt nr an, "Ind .h.lI be moyed wltbln th.. bUlldln. without ...Id. beln. placrd und... th.. oam.. .nd wltho..1
Ih. con.ent or Ih.. I.......r In wrltln..
27. An, Allrratloll'. addition.. r.new.l. or .b.n.... mad.. In th.. p.rtltlon. or dlyl.lon. of the room. or linoleum 1100.. durin. the
~urr,'nt' or thl. IIPJI... .h..lI. If m.ele .t the rea\l..t or thO' Leaa..... be don.. b, th.. lAlOOr .t th.. .."penH of th.. L........ and .h.1l be ."bJen
t" the appronl In wrltln. .nd .dlrutlon 01 the lAlOOr.
21. Th.. L.....r .h.1I not be liable lor an, d.m... to an, prop..", .t an, time on the deml.ed preml..... nor for the th..tt or .n,
..r thO' ...Id prol'ert,. "0' .hall It .... lI.bl.. ror an ..cap.. or le.k.we 01 .mo"e. '.'. ....ter. rain or .now. how_ver ..u...... nor 10' .n,
..eeld."t to the .,rol'ert, of th.. IA_.
29. An, i.croon enterln. upon the rool 01 th.. bulldln. doe. ... at hi. o..n ,I.k.
10. Th.. 1.......0' .h..1I not en....r Inlo an, contract ...lth .n, ppreon or p",oon. or cofl.nratlon. ror the P\I'PO" 01 o..ppl)'I". to....I..
.""to nr ...nlt." .",.1.11.... e\c.. I.e 0' .prl". ...ater. unl.... th.. oald p..r...n or perlOn. or eorl.or.Uon. ..r.. th.c the tlm. .nd 1'1... 01
.1,'Ii_,.., or ...th arll.... and the ..I..utnr aenlc.. to be u.... In connection therewith .h.1I Ire .ubJect 10 .uch rul.. .nd ",.ul.Uon. ..
'h.. /",uor ma, fro.n time to time prPlcrlbe. .
at. 'I'..n."h. th..lr ..ento .nd ..mplo'..... .h.U not tAke (ood Into th.. ..Ieutor or Into Pllblle or ,ented porUon. 01 the b..lldln.
un I... ."ch r~ I. carrit'd In covered r......ptacl... .pproy.... b, th.. 1.4;..... In wrltln..
12. Th.. w..or rc.eryc. the ,I.ht 10 r..trlct. the u... 01 the d..ml.... preml... to the t-... and/or Ita emplo,ep. .It.r . p.m.
II. No h'n.nt .h.1I m.k.. a door.to-door cany... of th.. buUdln. lor tho purpoae or ..llIn. an, product. or ...",Ice. to the oth",
I.n.nto without th.. wrlU..n con.ent of the Leo...r.
U. No t..nllnt .h.n be permitted 10 do _kin. or 10 Op..r.t.. cookln. .ppantu. ......pt In " portion of the bulldln. rent.... lor the
I,..rp...c.
16. The I....oor .hllll hAye th.. rl.ht to mak. .ueh other .nd f"rth", r"'lIOn.ble rut... .nd r..nl.Uon. .nd 10 ..1I..r. .mend or
rnne~l all '\lIra anti '..nlatlon. .. In lto J..dl(ment m., Irom time to tlm. be needed for tho oaret,. ear. and cl...nlin.... or the b"lIdin" .nel
fo, Ih.. p......'uLlon or .oad o,d... the,eln ."d the ........ .h.1I be "ept ..nd oboerv.d b, th.. t.n.nt.. th.lr clerko .nd .e",.n... Th.. .......10'
.n.., from tlm. tn tlm. ....Iye an, 01 .".h rll!e. .nd ,.....I.Uo". .. appUed to p.rtl."lar ...n.nto .nd I. not lI.bl. to the Leaa.. lor b,each...
ther....r b, other ten.nt..
"
~
. 'C611111,,!rcinl I.('nse-I'age 5.
....pnl.hl ltol.' /I,. " Ih"h.", '.!mlttel
Oy. &. O",ho", \;Jftit~d
Form 'fiO.''''
No Abatement
o'Rent.
mghtto
Show
Premi.e.
Nolic..
Oyer
Holdinq
and purposes from the date of such damage or destruction, and the Lessee shall immediately surremll'r
the same, and yield up possession of the demised premises to the Lessor, and the rent (rom the time
o{ such surrender shall be apportioned;
(b) If the demised premises shall be capable, with reasonable diligence, of being repaired and
rendered fit for occupancy within one hundred and twenty days frolll the happcning of such
injury as aforesaid, but if the damage is such as to render the demised premises wholly unfit for
occupancy, then the rent hereby reserved shall not run or accrue after such injury, or while the
process of repair is going on, and the Lessor shall repair the same with all reasonable speed, and
the rent shall recommence immediately after such repairs shall be completed.
(c) If thc dcmised premiscs shall be repaired within one hundred and twenty days a~ aColc~:lid,
and if the damage is such that the said premises are capable of beinR partially used, then until sllch
damage shall have been repaired, the rent shall abate in the proportion that the part of the demised
. premises rendered unlit Cor occupancy bears to the whole of the demised premises.
THERE shall be no abatemcnt Crolll or reduction of the rent due hereunder, nor shall the
Lessee be entitled to damages, losses, costs or disbursements from the Lessor durinR the tenn hereby
created on, caused by or on account of fire, (except as above), water, sprinkler systems, partial or
temporary failure or stoppage of heat, light, elevator, live steam or plumbing service in or to thc
said premises or building, whether due to acts of God, strikes, accidents, the making of alterations,
repairs, renewals, improvements, structural changes to the said premises or buildinRs or the equipment
or systems sUl'plying the said services, or from any cause whatsoever; provided that the said Cailurl"
or stoppage be remedied within a reasonable time. .
THAT the Lessee will permit the Le$sor'to exhibit the demised premises during the Ia.~t
three months of the term to any prospective tenant and will permit all persons having waillcn
authority therefor to view the said premises at all reasonable hours.
THA T any notice which either of the parties is required or permitted to givc pursuant
to :lI1Y provision oC this lease may, if intended (or the Lessee, be given by a writing left at thC'
demised premises or mailed by registered mail. addressed to the Lessee at the demised premises,
and if intended {or the Lessor by a w'riting left at the premises of the Lessor at
or mailed by registered mail addressed to the Lessor at the Lessor's said premises, ami such notice
shall be deemed t~ have been given at the time it was delivered or mailed, a~ the case lIIay h('.
PROVIDED further and it is hereby agreed that should the Lessee hold ovcr 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 othcr respects
to the terms and conditions of this lease.
The worets importing the singul8l' number only shall include the plural, and vice versa, and
words importing the masculine gender shall include the Ceminine gender, 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 when there arc two or more
Lessees bound by the same covenants herein contained, their obligations shall be joint and several.
.
3In 8itnt99 _bertof the parties hereto have executed these presents. .
SIGNED, SEALED and DELIVERED
In the presence of
Harry Locke
THE CORPORATION OF THE TOWN OF NEWCASTLE
Per:
Mayor
"
Per:
Clerk
. ;'-""
.. ,t. "'J
."
, ,
Slrih oul
word, .nd
pith not
applicabl.
and Inilia1.
II Alro,n.y
... loolnol..
..
OF
3J.
of the
in the
of
To Wit:
make oath and say:
1. THAT I was personally present and did see the within or annexed Instrument and a
Duplicate thereof duly signed, sealed and executed by
the part
thereto.
2. That the said Instrument and Duplicate were executed by the aaid part
at the of
3. That I know the said part
4. That 1 am a subscribing withess to the said Instrument and Duplicate.
SWORN before me at the
of
in the
of
this
day of
I~
.'
A Commissioner, etc.
AFFIDAVIT AS TO LEGAL AGE AND MARITAL STATUS
PROVINCE OF ONTARIO } I/WE __...._.._...._..__._._._...._....___.__...._......___._._...______.__._.____.....
CO UNTY OF of tbe _..._................................._..... ..........._........,........._01__...._..__._.....__....._._............_.._......._............
,
To Wit: in the County of......................................__........._................._....................._........_.................................._.......
in the within instrument named, make oath and I&Y that at the time of the execution of the within
instrument,
1. I was of the full age of twenty-one :rears;
2. And that
who also executed t~~ wit~rent of the full age of twenty-one years
3. I was legaii, marri~to o'ib.oli named therein al my wile/husband;
..' .
.. I was unmarried/divorced/widower.
SWORN before m. at the......................_...................._...._..._.__
of .. ..' ......_................_............_.............................._........._....__......._........_...._.......__....
in the ......... ................................................................................................._......................
this. ...... ............................................... day of................................_.......................
A.D. 19.................
A Commissioner for taking Affidavitl, etc.
NOTE: If Attorney, lubstltute in space provided "I am Attorney for............._...........(State nam.r.~.... .............,
one of tbe partiea named tberein and be/ab. wal of tbe lull age of twenty-on. :rears."
tI ',' ..
..
"
SCHEDULE "A"
During the first year of term hereof, namely from July 1st, 1987 to
June 30th, 1988, the Lessee shall pay to the Lessor an annual rental
of fifteen thousand dollars ($15,000.00), payable in equal monthly
installments of one thousand, two hundred and fifty dollars ($1,250.00),
due on the first day of each and every month from and including June
31st, '1988.
D..n:ing the second year of t.erm hereof, namely from July 1st, 1988 to
June 30th, 1989, the Lessee shall pay to the Lessor an annual rental
of fifteen thousand seven hundred and fifty dollars ($15,750.00),
payable in equal monthly installments of one thousand, three hundred
and twelve dollars and fifty cents ($1,312.50), due on the first day
of each and every month from and including June 31st, 1989.
During the third year of term hereof, namely from July 1st, 1989 to
June 30th, 1990, the Lessee shall pay to the Lessor an annual rental
of sixteen thousand five hundred and thirty-seven dollars and
fifty-six cents ($16,537.56), payable in equal monthly installments
of one thousand, three hundred and seventy-eight dollars and thirteen
cents ($1,378.13), due on the first day of each and every month from
and including June 31st, 1990.
During the fourth year of term hereof, namely from July 1st, 1990 to
June 30th, 1991, the Lessee shall pay to the Lessor an annual rental
of seventeen thousand three huoored and sixty-four dollars aoo
thirty-six cents ($17,364.36), payable in equal monthly installments
of one thousand, four hundred and fourty-seven dollars and three
cents ($1,447.03), due-on the first day of each and every month from
and including June 31st, 1991.
During the fifth year of term hereof, namely from July 1st, 1991 to
June 30th, 1992, the Lessee shall pay to the Lessor an annual rental
of eighteen thousand two hundred and thirty-two dollars and fifty-six
cents ($18,232.56), payable in equal monthly installments of one
thousand, five hundred and nineteen dollars and thirty-eight cents
($1,5l9.38), due on. the first day of each and every month from and
including June 31st, 1992.
Not withstandin~ anything otherwise contained herein, the following
additional clause shall form part of this lease:
1. Provided when not in default herein the Lessee shall have the
provision of renewing this lease at the termination hereof,
provided the Lessee shall give to the Lessor two (2) months clear
notice in writing of its intention to renew and in such event
the amount for rental shall be negotiated.