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HomeMy WebLinkAbout96-128 r THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 96- 128 Being a By-law to authorize the execution of a Lease Agreement between the Corporation of the Municipality of Clarington and Whitby/Bowmanville Ambulance Service. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Municipality of Clarington, and seal with the Corporate Seal, a Lease Agreement with Whitby/Bowmanville Ambulance Service. 2 . THAT this Lease Agreement attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this 8th day of July, 1996 . By-law read a third time and finally passed this 8th day of July, 1996 . Mayor C rk Schedule "A" to 1y-law #96-128 THIS INDENTURE made in triplicate the eighth day of July, 1996. IN PURSUANT OF THE SHORT FORMS OF LEASES ACT BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON herein called the LESSOR of the FIRST PART - and - WHITBY/BOWMANVILLE AMBULANCE SERVICE herein 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, space to include parking for two (2) vehicles in the apparatus bay, office space (exercise room) and shared use of the kitchen at 2430 King Street West, Town of Bowmanville, now in the Municipality of Clarington, from month to month. The Lessee covenants with the Lessor to pay $750.00 rent, monthly and every month unto the Lessor commencing on approximately July 15, 1996 to approximately September 8, 1996 and is inclusive of all utilities. The Lessee will be responsible for general maintenance of area leased and reimbursement to the Municipality of Clarington for all long distance telephone/fax calls. Basic Rent shall be payable in monthly instalments, each payable on the first day of each month,provided that should the Term commence or terminate on a date other than the first day of a month, the Tenant shall pay to the Landlord for that month a pro rata portion of said monthly payment. Basic Rent shall be considered as accruing from day to day and where it becomes necessary for any reason to calculate rent for an irregular period of less than one calendar month, an appropriate apportionment and adjustment shall be made. The Lessee also agrees to follow all rules and regulations of operation of the Municipality of Clarington Fire Department. NOTICES That any notice which either of the parties is required or permitted to give pursuant to any provision of this lease may, if intended for the Lessee, be given by a writing left at the demised premises or mailed by registered mail addressed to the Lessee at the demised premises, and if intended for the Lessor by a writing left at the premises of the Lessor at or mailed by registered mail addressed to the Lessor at the Lessor's said premises, and such notice shall be deemed to have been given at the time it was delivered or mailed, as the case may be. Page - 2 - OVER PROVIDED further and it is hereby agreed that should the Lessee hold over HOLDING 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 other respects to the terms and conditions of the lease. The words importing the singular number only shall include the plural, and vice versa, 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 where there are two or more Lessees bound by the same covenants herein contained, their obligations shall be joint and several. The Lessee covenants that he will not do or permit to be done on the said premises, anything which may be a nuisance, and that the Lessee will use and occupy the said premises. The Lessee covenants that he will not do or permit to be done any act or thing which may made void or voidable any insurance upon any building, or part thereof, upon the said premises, or which may cause any increase or additional premium to be payable for any 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 conditions, and the said Lessor may enter and view the state of repair. AND that he will leave the premises in good repair, reasonable wear and tear and damage by fire, lightning and tempest only expected. 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 further covenants with the Lessee: (a) to provide water and sewer services; and (b) to keep and maintain the premises in good order and condition and to make promptly all needed repairs thereto. Page - 3 - HOLD The Lessee shall indemnify and save harmless the Lessor and all HARMLESS persons for whom it is law responsible from any and all liabilities, damages, costs, claims, suits or actions arising out of: any damage to property including loss of use thereof, and any injury to any person or persons, including death resulting at any time therefrom, occasioned by any act or omissions of the Lessee, its officers, agents, servants, employees, contractors, customers, invitees or licensees, or occurring in or on the Premises or any part thereof arising from or occasioned by any cause whatsoever,except where such damage or injury is due to the act, default or negligence of the Lessor, its officers,agents,servants,employees,contractors,customers,invitees or licensees. The Tenant shall carry: (i) insurance in his own name to provide coverage with respect to the risk of business interruption to an extent sufficient to allow the Tenant to meet his ongoing obligations to the Landlord and to protect the Tenant against loss of revenues; (ii) insurance in his own name insuring against risk of damage to the Tenant's property within the Premises caused by fire or other perils and the policy shall provide for coverage on a replacement cost basis to protect the Tenant's stock-in-trade,equipment,Trade Fixtures,decorations and improvement; and (iii) public liability and property damage insurance in the amount of Two Million Dollars in which policy the Landlord shall be a named insured and the policy shall include a cross-liability endorsement; and the Tenant shall provide the Landlord with a copy of the policy certified by the insurer. IN WITNESS WHEREOF the parties hereto have hereunder set their hands and seals: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Mayor Clerk WHITBY/BOW LLE A BULANCE SERVICE r Schedule "A" to 1y-law #96-128 THIS INDENTURE made in triplicate the eighth day of July, 1996. IN PURSUANT OF THE SHORT FORMS OF LEASES ACT BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON herein called the LESSOR of the FIRST PART - and - WHITBY/BOWMANVILLE AMBULANCE SERVICE herein 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, space to include parking for two (2) vehicles in the apparatus bay, office space (exercise room) and shared use ©f the kitchen at 2430 King Street West, Town of Bowmanville, now in the Municipality of Clarington, from month to month. The Lessee covenants with the Lessor to pay $750.00 rent, monthly and every month unto the Lessor commencing on approximately July 15, 1996 to approximately September 8, 1996 and is inclusive of all utilities. The Lessee will be responsible for general maintenance of area leased and reimbursement to the Municipality of Clarington for all long distance telephone/fax calls. Basic Rent shall be payable in monthly instalments, each payable on the first day of each month,provided that should the Term commence or terminate on a date other than the first day of a month, the Tenant shall pay to the Landlord for that month a pro rata portion of said monthly payment. Basic Rent shall be considered as accruing from day to day and where it becomes necessary for any reason to calculate rent for an irregular period of less than one calendar month, an appropriate apportionment and adjustment shall be made. The Lessee also agrees to follow all rules and regulations of operation of the Municipality of Clarington Fire Department. NOTICES That any notice which either of the parties is required or permitted to give pursuant to any provision of this lease may, if intended for the Lessee, be given by a writing left at the demised premises or mailed by registered mail addressed to the Lessee at the demised premises, and if intended for the Lessor by a writing left at the premises of the Lessor at or mailed by registered mail addressed to the Lessor at the Lessor's said premises, and such notice shall be deemed to have been given at the time it was delivered or mailed, as the case may be. Page - 2 - OVER PROVIDED further and it is hereby agreed that should the Lessee hold over HOLDING 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 other respects to the terms and conditions of the lease. The words importing the singular number only shall include the plural, and vice versa, 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 where there are two or more Lessees bound by the same covenants herein contained, their obligations shall be joint and several. The Lessee covenants that he will not do or permit to be done on the said premises, anything which may be a nuisance, and that the Lessee will use and occupy the said premises. The Lessee covenants that he will not do or permit to be done any act or thing which may made void or voidable any insurance upon any building, or part thereof, upon the said premises, or which may cause any increase or additional premium to be payable for any 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 conditions, and the said Lessor may enter and view the state of repair. AND that he will leave the premises in good repair, reasonable wear and tear and damage by fire, lightning and tempest only expected. 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 further covenants with the Lessee: (a) to provide water and sewer services; and (b) to keep and maintain the premises in good order and condition and to make promptly all needed repairs thereto. Page - 3 - s HOLD The Lessee shall indemnify and save harmless the Lessor and all HARMLESS persons for whom it is law responsible from any and all liabilities, damages, costs, claims, suits or actions arising out of: any damage to property including loss of use thereof, and any injury to any person or persons, including death resulting at any time therefrom, occasioned by any act or omissions of the Lessee, its officers, agents, servants, employees, contractors, customers, invitees or licensees, or occurring in or on the Premises or any part thereof arising from or occasioned by any cause whatsoever, except where such damage or injury is due to the act, default or negligence of the Lessor, its officers,agents,servants,employees,contractors,customers,invitees or licensees. The Tenant shall carry: (i) insurance in his own name to provide coverage with respect to the risk of business interruption to an extent sufficient to allow the Tenant to meet his ongoing obligations to the Landlord and to protect the Tenant against loss of revenues; (ii) insurance in his own name insuring against risk of damage to the Tenant's property within the Premises caused by fire or other perils and the policy shall provide for coverage on a replacement cost basis to protect the Tenant's stock-in-trade, equipment,Trade Fixtures,decorations and improvement; and (iii) public liability and property damage insurance in the amount of Two Million Dollars in which policy the Landlord shall be a named insured and the policy shall include a cross-liability endorsement; and the Tenant shall provide the Landlord with a copy of the policy certified by the insurer. IN WITNESS WHEREOF the parties hereto have hereunder set their hands and seals: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Mayor Clerk WHITBY/BOW VI AMBULANCE SERVICE