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Home My WebLink About83-71 ~~ THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 83-71 being a by-law to authorize the entering into of a lease agreement with the Schleiss Development Company Council 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 agreement between the Schleiss Development Company and the said Corporation, By-law read a first time this 9th day of May 1983. By-law read a second time this 9th day of May 1983. By-law read a third time and finally passed this 9th day of May 1983. / '.~~~~'. Mayor J~()/JA Clerk I F"l N ((. . /9 :__~~Ln_nnJ I eo. __m_u___m_n___u_ . . , . . THIS LEASE (In pur sua BET W E WITNESSES: In conside the part 0 portion of Town of Ne Ontario (h Schedule " TO HOLD th THE TENANT (a 1. TE (a) Re (b) Ta an (c) As pr pr (d) Le re (e) Te at ma an (i y-Iaw No._.__~ ~ -7f -..---_..._-~...__.._..-- - made the 20th day of May, A.D. 1983. nce of the Short Forms of Leases Act) E N: SCHLEISS DEVELOPMENT COMPANY LIMITED, a corporation incorporated under the laws of the Province of Ontario hereinafter called the "Landlord" OF THE FIRST PART, - AND - THE CORPORATION OF THE TOWN OF NEWCASTLE hereinafter called the "Tenant" OF THE SECOND PART. ration of the rent reserved hereby and the covenants contained on f the tenant, the landlord hereby leases to the tenant all that Town Lo's 42, 43, 130 and 131, Block M, John Grant's Plan in the wcastle in the Regional Municipality of Durham, in the Province of erein called the "premises") and more particularly described in A" attached hereto. e premises for Five (5) years, commencing the 24th day of May, 1983. PAYING therefore during the term, the following rent: ) a rental of One Dollar ($1.00) per year, payable in advance on the 24th day of May, 1983. NANT'S COVENANTS nt - To pay Rent; xes - To pay taxes, assessed on or 1n respect of the premises and y part thereof; signment - Not to ass1gn or sublet or part with possession of the emises or any part thereof without leave, except as hereinafter ovided; aV1ng premises 1n good repa1r - To leave the premises in good pair, reasonable wear and tear only excepted; nant to construct parking area - that it will design and construct its own expense and have completed in a substantial and workmanlike nner in accordance with the design criteria, specifications, plans d materials prepared by the tenant: ) paved driveways and parking areas for the parking of motor vehicles; ~~ - 2 - (ii) drainage facilities; (iii) architectural landscaping and planting of trees and greenery; (iv) all other structures and facilities required for a parking lot, (f) Supervision - that it will adequately supervise the construction of the parking lot; (g) Inspection - to permit representatives of the landlord to inspect the premises at any time; (h) Snow and ice removal - to clear and remove snow and ice from all driveways and parking areas; (i) Liability Insurance - to take out and keep in force during the term of this lease a policy or policies of public liability and property damage insurance acceptable to the landlord providing coverage in respect of anyone accident to the limit of One Million Dollars ($1,000,000.00) which amount shall be subject to actuarial adjustment from time to time, exclusive of interest and costs, against loss or damage resulting from bodily injury to or death of one or more persons and loss of or damage to property and that such policy will name the landlord as an additional insured thereunder and will protect the landlord against all claims for all damages or injury including death to any person or persons and for damage to any property of the landlor or any other public or private property arising out of any act or omission on the part of the tenant, its servants or agents and to for- ward a certified copy of the insurance policy to the landlord upon request. (j) Existing Tenancy - The tenant acknowledges that~.' lease is s~.b.ject to an existing tenancy with c::f:,e.-~ TArl-1 /.. ~~~" a Taxi Company. The said taxi company is permitted. 0 r~~te an 8 foot by 10 foot structure on the site in accordance with the Plan attached hereto. The said taxi company is entitled to four regular sized parking spaces and the tenant shall provide uninterrupted ingress and egress to and from the four parking spaces and building for the said taxi company or its successors. 2. LANDLORD'S COVENANTS The landlord hereby covenants with the tenant as follows: (a) Quiet Enjoyment - for quiet"enjoyment. (b) Parking levies - that the tenant may permit the parking of motor vehicles by the general public on the premises and may charge for parking on the premises and may enforce the payment of charges for suc parking, including the prosecution under the By-laws of the Corporatio of the Town of Newcastle for failure to pay the required charges, ~~ - 3 - 3. PROVISOS Provided always and it is hereby agreed as follows: (a) At the expiration of the term, the tenant will remove all parking meters and any other signs, lights or fixtures erected on the lands, but the tenant shall not be responsible for removing the paved surface or any concrete abutments constructed on the lands. The tenant will leavel all trees on the lands. (b) Arbitration - That except as otherwise provided herein (if and) when- ever any dispute or question shall arise between the landlord and the tenant touching these presents, or anything herein contained, or the construction hereof or the rights, duties or liabilities in relation to the premises, the matter in difference shall be submitted and referr d to arbitration. Any submission to arbitration shall be under the Arbitration Act. 4. EXTENSION Provided always and it is mutually agreed that at the expiration of the term comprised in this lease the term shall be deemed to be extended for a further period of Five (5) years upon the same terms and conditions as are contained in this lease, save only a right of further renewal. During such extension or renewal period the landlord shall have the right to terminate the lease by giving to the tenant Six (6) months notice in writing of the intention of the landlord to terminate the lease. In the event of early termination as herein provided for the landlord shall pay to the tenant one tenth (l/lOth) of the tenant's site preparation costs for each year of part year otherwise remaining. The said costs shall not exceed $25,240.25. The tenant shall provide the landlord with the actual costs within Sixty (60) days of completion of construction, No site accessory or land- scaping costs shall be included for the purposes of this section, 5. FIRST RIGHT OF REFUSAL If the landlord receives a bona fide offer to purchase the premise$ which the landlord is willing to accept, then the landlord shall give written notice of such offer to the tenant by sending to it a true copy thereof and the tenant shall have the right during the next Sixty (60) business days after the giving of such notice, by written notice given to the landlord, to elect to purchase the premises for the price and upon the terms and conditions contained in the said offer, If the tenant does so elect, the notice given by it shall constitute a binding Agreement of Purchase and Sale. If the tenant does not so elect, the landlord shall be free to sell the premises ~~ - 4 - on the terms and conditions set forth in the said Offer. If the prem~ses are not sold under the terms of that offer the landlord shall be obliged to submit any further offer to the tenant by giving written notice thereof to the tenant in the manner in this clause provided. Provided however that the landlord may convey the subject lands or assign this lease to any related person or corporation and covenants to have the grantee or assignee of this lease abide by the terms of this lease. IN WITNESS WHEREOF the parties have hereunto set their hands and seals by the hands of their proper signing officers duly authorized. in that behalf. SCHLEISS DEVELOPMENT COMPANY LIMITED PER~ {; THE CORPORATION OF THE TOWN OF NEWCASTLE PER:~ .~ L. / MAYOR ~ .' I-Q(j~~.~ CLERK " DATED: MAY 24TH, A.D. 1983. SCHLEISS DEVELOPMENT COMPANY LIMITED AND THE CORPORATION OF THE TOWN OF NEWCASTLE LEA S E BOYCHYN & BOYCHYN Barristers & Solicitors 36! King Street East OSHAWA, Ontario L1H 7M9