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HomeMy WebLinkAboutTR-57-90 TOWN OF NEWCASTLE REPORT File #lfD,/q,/I~ Res. # By-Law # 7o-/~ riIT I t{J: DATE: REPan #: SUMCT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE July 9, 1990 TR-57-90 FILE #: LEASE AGREEMENT MR. BERNARD WESSELING 59 WEST BEACH ROAD - VACANT TOWN OWNED LANDS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. That Report TR-57-90 be received; 2. That the attached By-Law be passed, authorizing the Mayor and the Clerk to sign a lease agreement with Bernard Wesseling; and 3. That Bernard Wesseling be advised of Council's actions. BACKGROUND AND COMMENT: Bernard Wesseling currently leases vacant Town Land at 59 West Beach Road, Bowmanville, Ontario, at an annual rate of $200.00. A ten percent (10%) increase in the annual rate from $200.00 to $220.00 for a five (5) year term is proposed and is acceptable to Mr. Wesseling. The current lease expires July 25, 1990 and staff respectively recommended that the proposed rental agreement be accepted, effective July 25, 1990. A copy of the proposed lease is attached marked Schedule "B". 708 Page - 2 - TR-57-90 LEASE AGREEMENT MR. BERNARD WESSELING, 59 WEST BEACH ROAD - VACANT TOWN OWNED LANDS Respectfully submitted, Recommended for presentation to the Committee, Officer. d Franklin Director (~ " ({lp,-) Wu, M.C.I.P., of Planning & Development. LAB/hjl Attachments 709 SCHEDULE "A" THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 90- Being a By-Law to authorize the execution of an offer to Lease Agreement with Bernard Wesseling in respect of a lease for premises situate at 59 West Beach Road, Bowmanville, Ontario 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, an Offer to Lease Agreement between Bernard wesseling and said Corporation, which is attached hereto and marked Schedule "B". By-Law read a first and second time this day of July, 1990. By-Law read a third time and finally passed this day of July, 1990. Mayor Clerk 710 SCHEDULE "B" THIS INDENTURE MADE THE 25th DAY OF July 1990. BETWEEN: THE CORPORATION OF THE TOWN OF NEWCASTLE (Hereinafter called the "LANDLORD") - AND - BERNARD WESSELING (Hereinafter called the "TENANT") WITNESSETH that in accordance of the rents and covenants set forth the Landlord hereby leases to the Tenant the lands and premises known municipally as Number 59 West Beach Road, Bowmanville and described as being Part of Lot 10, B.F.C., former Town of Bowmanville, now in the Town of Newcastle. To hold the lands for a term of five (5) years from the date hereof. The Tenant paying therefor yearly in advance during the term hereby granted the sum of Two Hundred and Twenty ($220.00) Dollars of lawful money of Canada, the first such payment to be due and payable upon execution of the agreement, and on the anniversary of the agreement thereafter. 1. The Tenant covenants with the Landlord as follows: (a) to pay rent; (b) to provide public liability and property damage insurance in an amount not less than $1,000,000.00 for each occurance during the currency of the lease; (c) to maintain the lands in good order; (d) to refrain from erecting any permanent structures of whatever kind upon the leased land; (e) to maintain and keep the property in a clean and tidy condition and not permit objectionable material of any kind to be accumulated thereon. 2. The Landlord covenants with the Tenant as follows: (a) for quiet enjoyment; (b) to permit the Tenant to make such improvements to the land that he deems appropriate at his cost, save and except that such improvements may not be set off against the rents or become a liability upon the title of the lands. 3. (a) The parties may terminate this lease by giving notice in writing and the effective dates of such termination shall be six months after such notice is received. 7 1 1 - 2 - 3. (b) For the purposes of this lease, notice of termination shall be in writing and shall in the case of the Tenant, be delivered by the Tenant to the Clerk of the Town of Newcastle, 40 Temperance Street, Bowmanville, Ontario, L1C 3AG, and in the case of the Landlord, be delivered by the Landlord to the Tenant, Mr. Bernard Wesseling, c/w Bernhaven, R.R. #2, Bowmanville, Ontario, L1C 3K3. Executed at the Town of Newcastle this day of July 1990. Tenant CORPORATION OF THE TOWN OF NEWCASTLE Mayor Clerk 7 '12