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HomeMy WebLinkAbout83-167 .. THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NO. 83-167 Being a by-law to authorize the entering into a lease with N. W. King. THE MUNICIPAL COUNCIL OF 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 Seal, a lease between N. W. King and the Corporation dated the J.- q IL day of tJ~ 19 , which lease is attached hereto and marked Schedule "X". BY-LAW READ a first time this 12th day of December 1983 BY-LAW READ a second time this 12th day of December 1983 BY-LAW READ a third time and FINALLY PASSED this 12th day of December 1983 .~~~~ ayor jl..bJ. ~ ' Cler I File NO._m___l~_:..__4__:JLmm__m_----1 \. HOUSE & STORE LEASE SCHEDULE "X" to By-law 83-167 DYE & DURHAM co. UMITED FORM' NO. 485 ~ 488 mitis 1Jnb.entur.e made(induplicate)~ as of the 29th day of November In 'ursuanrt of tJyt t;4ort lITorms of iJtans .Art 1983 fS.etw.e.en N. W. KING, of the City of Oshawa, in the Regional Municipality of Durham, in Trust, hereinafter called the Lessor OF THE FIRST PART - and - THE CORPORATION OF THE TOWN OF NEWCASTLE hereinafter called the Lessee OF THE SECOND PART - and - WITNESSETH that in consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Lessee, the Lessor does demise and lease unto the Lessee, its , executors, administrators, successors and assigns, all that messuage or tenement located in the following municipality, namely, in the Town of Newcastle (formerly the Town of Bowmanville) in the Regional Municipality of Durham and municipally known as 152 Church Street, Bowmanville, Ontario. TO HAVE AND TO HOLD the said demised premises for and during the term of 3 yea rs to be computed from the 1 st day of February one thousand nine hundred and e i gh ty - f ou r and from thenceforth next ensuing and fully to be complete and ended. '-~9:-lE_1 By-law ' \. HOUSE & STORE LEASE - Page 2 DYE & DURHAM co. LIMITED FORM NO. 486 YIELDING AND PAYING therefor yearly and every year during the said term unto the said Lessor the sumoo< set forth in Schedule "A" attached hereto. fieEt.*RS", iQbe~~~e~~be!~~wm~~~aRQ~~r~~t~~r tfie-f.tfS~ ef s-tteh-~s- to- beoome-due-and- be- matie 'Ot'J.'ihe da~~-__---------------------~raRQ~ReJ~~~~4e~e~~a~~-~d~ft- ad~oA~~-------------------------~~--------------------------~---- AND the said Lessee covenants with the said Lessor to pay rent; and to pay 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 leave may, notwithstanding any statutory enactment to the contrary, be arbitrarily refused by the Lessor in his sole and uncontrolled discretion. 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 private dwelling house only, and will not carryon or permit to be carried on therein any trade or business other than that of AND that he will leave the premises in good repair, reasonable wear and tear and damage by fire, lightning and tempest only excepted. THE Lessee covenants that he is the sole owner of all goods and chattels that are to be brought upon the premises, and that they are free from any mortgage, lien or other charge. PROVIDED that the Lessee may remove his fixtures if all rent due hereunder has been paid and the Lessee shall repair any damage to the demised premises which may be caused by such removal. 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 tenancy hereby granted, the Lessee will allow prospective tenants to be admitted to view the said premises at reasonable hours any day except Sunday on producing a written order to that effect signed by the Lessor or his agent. 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 termination 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 notices, 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 Lesse~, 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 in~Qlv~nt debtors, or in case the said premises become vacant and so remain for the period of S lxty \00) 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 portion thereof shall be recoverable by the Lessor in the same manner as the rent hereby reserved. 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 building, 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 floors, windows and woodwork of the said premises. " ~ HOUSE & STORE LEASE - Page 3 DYE 8: DURHAM CO. L.IMITED FORM NO. 487 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. 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 forteiture 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. 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 indenture is entered into), the Lessee hereby convenants and agrees with the Lessor that notwithstanding any statute or law to the contrary, none of the goods or chattels ofthe Lessee on the said premises at any time during the continuance of the said term shall be exempt from levy by distress for rent in arrears by the Lessee 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 such statute or law, 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 statute or law but for the above covenant. PROVIDED that if the Lessee remains in occupation of the demised premises after the expiration of the term hereby granted without a written agreement to the contrary he shall not be deemed to be a tenant from year to year but shall be a monthly tenant only at a rental equivalent to the monthly payment of rent herein provided for, payable in advance, and all the terms and conditions hereof, so far as applicable, shall apply to such monthly tenancy. THE Lessee hereby acknowledges that he has received keys of the said premises, which he agrees to return upon quitting the said premises. AND the said Delete if not applicable Spouse of the said Lessor hereby consents to this lease. IT IS agreed between the. parties hereto that every convenant, proviso and agreement herein contained shall enure to the benefit of and be binding upon the parties hereto, and their respective 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. 1Jn lIitntss lI~trtof the parties hereto have hereunto set their hands and seals. / ~/' SIGNED, SEALED. . f\:....~D DELIVERED In the preseqce..o ~ i .I HI ~ Per: , ,. ~ ,," , '-' SCHEDULE "A" During the first year of the term hereof, namely from February 1st, 1984 to January 31st, 1985 the Lessee shall pay to the Lessor an annual rental of NINE THOUSAND SIX HUNDRED DOLLARS ($9,600.00) payable in equal monthly installments of EIGHT HUNDRED DOLLARS ($800.00) due on the 1st day of each and every month from and including February 1st, 1984 to and including January 1st, 1985; During the second year of the term hereof, namely from February 1st, 1985 to January 31st, 1986 the Lessee shall pay to the Lessor an annual rental of TEN THOUSAND TWO HUNDRED DOLLARS ($10,200.00) payable in equal monthly installments of EIGHT HUNDRED AND FIFTY DOLLARS ($850.00) due on the 1st day of each and every month from and including February 1st. 1985 to and including January 1st, 1986; During the third year of the term hereof, namely from February 1st, 1986 to January 31st, 1987 the Lessee shall pay to the Lessor an . annual rental of TEN THOUSAND EIGHT HUNDRED DOLLARS ($10,800.00) payable in equal monthly installments of NINE HUNDRED DOLLARS ($900.00) due on the 1st day of each and every month from and including February 1st, 1986 to and including January 1st, 1987. Notwithstanding anything otherwise contained herein the following additional clauses 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 three (3) months clear notice in writing of its intention to renew, and in such event the amount for rental shall be negotiated. 2. For greater certainty the parties hereto acknowledge and agree that the Lessee shall pay in respect of the premises all taxes and municipal rates, including local improvements, all costs of heating, lighting, water, sewer, all utilities. 3. The Lessee shall in respect of the premises maintain the same inside and out including cutting the grass and removing the snow as required. 1:h~.lC~, t>'fdv~ (12) poet d..!l:.t~d Gh~ql1~e'J evn.l..l'mein~ F~"brl1a~ 1, 11)glij te alia in61~aing JanaaF,f 1, 1961.