HomeMy WebLinkAboutADMIN 18-81CORPORATION OF THE TOWN OF NEWCASTLE
REPORT TO COUNCIL
ADMIN. 18-81
40 TEMPERANCE STREET
BOWMANVILLE, ONTARIO
Ll C 3A6
REPORT #8
Ar6,0
TELEPHONE 623-3379
MEETING OF SEPTEMBER 21st, 1981
RE: Lease of "Bell Building"
Administrator's File No. 1.3.8.1
RECOMMENDATIONS:
It is respectfully recommended that:
1. This report be received; and
2. That the attached by-law be adopted authorizing
the execution of a lease agreement with
N. W. King for the lease of the "Bell
Building".
BACKGROUND:
On July 27th, 1981, Council passed the following
resolution in respect of leasing the Bell Building:
"That the lease on the subject property be
renewed for a 3 year term with monthly rental
expense of $650.00 per month for 1981 and
$700.00 per month for 1982 and $750.00 per
month for 1983".
At the reuqest of the Administrator, the attached
lease was submitted by the owners of the building, in
accordance with the resolution noted above.
The lease has been reviewed by the Administrator
and appears satisfactory. It would be appropriate to
now execute the lease. It is notedthat the owners have
agreed to install storm windows on the building and to
paint the exterior trim of the building.
ReAWMITH,
lly submitted,
D. M.0.I.P.
i
Administrator C
DNS/mr
DTE & DURHAM
LIMITED
TORONTO,CANADA
FORM NO. 405-488
House & Store Lease
Revised June, 1866
made (in duplicate) tete as of the 1st day of February ,
in the year of our Lord one thousand nine hundred and eighty—one
Sin purguante of the 9pt)ort lformZ of Rca5cq _qct
and
N. W. KING, of the City of Oshawa,
in the Regional municipality of Durham,
in Trust,
herein called the LESSOR , of the FIRST PART
THE CORPORATION OF THE TOWN OF NEWCAS
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 does demise and
lease unto the Lessee , kits executors, administrators, successors and assigns, all
that messuage or tenement situate, lying and being
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 years to be computed from the lst day of February
one thousand nine hundred and eighty—one and from thenceforth next ensuing
and fully to be complete and ended.
486—House & Store Le
PAGE 2—DYE a DURHAM
YIELDING AND PAYING therefor yearly and every year during the said term unto the
said Lessor the sum= set forth in Schedule "A" attached hereto.
^aa pul1.
to-be-pay.rlr}e-mrthe�olh�ty-ink rlr�yn-trritl-tir�u�;—bbai i+rta-r�:ay:
thefirst-of-orzth-e
&Y-of -------------nex47&ftd-4e,4a4, in_advauee
on -the— day -of— 19-
AND
9
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.
AND will not carry on upon the said premises any business that may be deemed a nuisance.
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 th tt 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.
PROVIDED that in the event of firs 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 t.-, in 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 Lessee, 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 insolvent debtors, or in case the said premises become vacant and so
remain for the period of sixty (60) 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.
PROVIDED that in case of removal by the Lessee of his goods and chattels from the
premises, the Lessor may follow them for thirty days in the same manner as is provided
for in the Act Respecting Fraudulent and Clandestine Removal of Goods.
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 carry on or permit to be carried on therein
any trade or business other than that of
SCHEDULE "A"
During the first year of the term hereof, namely
from February 1st, 1981 to January 31st, 1982 the Lessee
shall pay to the Lessor an annual rental of SEVEN THOUSAND
EIGHT HUNDRED DOLLARS ($7,800.00) pavable in equal monthly
instalments of Six hundred and fifty dollars ($650.00) due
on the 1st day of each and every month from and including
February 1st, 1981 to and including January lst, 1982;
During the second year of the term hereof, namely
from February 1st, 1982 to January 31st, 1983 the Lessee
shall pay to the Lessor an annual rental of EIGHT THOUSAND
FOUR HUNDRED DOLLARS ($8,400.00) payable in equal monthly
instalments of Seven hundred dollars ($700.00) due on the
1st day of each and every month from and including February
lst, 1982 to and including January 1st, 1983;
During the third year of the term hereof, namely
from February lst, 1983 to January 31st, 1984 the Lessee
shall pay to the Lessor an annual rental of NINE THOUSAND
DOLLARS ($9,000.00) payable in equal monthly instalments of
Seven hundred and Fifty dollars (5750.00) due on the lst
day of each and every month from and including February
lst, 1983 to and including January lst, 1983.
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.
continued..
SCHEDULE "A" CONTINUED
4. The Lessor shall on or before October 31st, 1981
paint the outside trim of the premises and install storm
windows.
5. The Lessee acknowledges that since the commencement
of this term, namely February 1st, 1981 it has paid to the
Lessor rental instalments of only Five hundred and twenty-
seven dollars and eight cents ($527.08) and not Six hundred
and fifty dollars ($650.00) as stipulated herein and upon
the signing of these presents the Lessee shall pay to the
Lessor such additional sum of money as is required so that
the total rentals paid in respect of the premises shall be
at the rate of Six hundred and fifty dollars ($650.00) per
month from and including February 1st, 1981.
487-11ouse $, Store Leas_
1`�l:E ]-UYC tl I111 PIIAM
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 upmi 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.
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 forfeiture 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 exercis-
able 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 covenants
and agrees with the Lessor that notwithstanding any statute or law to the contrary, none
of the goods or chattels of the 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 arrear 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.
IT IS agreed between the parties hereto that every covenant, 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.
3In Witne55 Mereof the parties hereto have hereunto set their hands and seals.
SIGNED, SEALED AND DELIVERED
in the presence of
e p
THE CORPORATI
OF NEWCASTLE
Per:
Per:
TOWN
AFFIDAVIT OF SUBSCRIBING WITNESS
AMENDED MARCH 1272
I,
of the
in the
make oath and say:
I am a subscribing witness to the attached instrument and I was present and saw it executed
at by
•See footnote
-See footnote
I verily believe that each person whose signature I witnessed is the party of the same name referred
to in the instrument.
SWORN before me at the
in the
this day of 19
COMMISS10HER FOR TAKINC ^FfIOAVITS. ETC.
• Where a party is enable to read the instrument or where a parry signs by making his mock or in foreign character, add
"after the instrument had been read to him and he appeared fuay to understand it". Where eiacuted under a power of attamep
xrisen "(name of attorney) as attrtat orney far (name of pay)"; and far neclause substitute'? oerily belie.. that the pen rmwhore
ignanne 1 wltnmsed was authari.ed to ...cute th, bstrnment as nttorne, for (name)".
0
v
z
(ry
C
od
W
m
7jO
O
E
t•'Ir\
-
`V
`V
-al
Cn
Ex
1. � w
O
I —I
V
r
rl
<
m
ro
�,
A
C7
O 3
�
o
E
v
h
C
M
n
E
0
c
b
N
M
C
x
CS w
w
a
9
E