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Home My WebLink AboutTR-39-96 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT #2 REPORT Meeting: COUNCIL File# Date: MAY 27, 1996 Res. # By-Law# Report#: - D�-36 File#: i Subject: LEASE AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON AND THE REGIONAL MUNICIPALITY OF DURHAM i Recommendations: It is respectfully recommended: 1 . THAT Report TR-39-96 be received; 2 . THAT the necessary By-law, marked Schedule "B" , be passed authorizing the Mayor and Clerk to execute, on behalf of the Corporation of the Municipality of Clarington with the Corporation Seal, a lease agreement with the Regional Municipality of Durham; and 3 . THAT the Regional Municipality of Durham be advised of Council' s actions . BACKGROUND AND COMMENT: The Regional Municipality of Durham lease agreement with Municipality of Clarington, to rent from the Municipality, an area of twenty-eight (28) square feet of space located at 132 Church Street, Bowmanville, expires on June 30, 1996 . See attached copy of lease as well as, a diagram outlining the area in question marked Schedule "A" . The space is required by the Durham Regional Police Force, in order to store their auxiliary power equipment . The antenna for this equipment is located on the top of the water tower, which is the highest point in the area and therefore, the most desirable . The alternative to renting this space, would be to move the antenna, which would be very costly to the Regional Municipality of Durham. PaPELA° Recrcic THIS 6 PR-4 RECYCLED PAPER REPORT NO. : TR-39-96 PAGE 2 LEASE AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON AND THE REGIONAL MUNICIPALITY OF DURHAM The lease was for a five (5) year term at an annual rate of one hundred dollars ($100 . 00) . The lessee has the right and option to renew the lease upon maturity for a further term of five (5) years upon the same terms and conditions . The lease does include a cancellation clause (by either party) , upon ninety (90) days written notice. I The Region of Durham have confirmed that they still do require the subject space and wish to exercise their right and option to renew the lease for a further term of five (5) years . The subject lease would be effective from June 30, 1996 to June 30, 2001 . The loss of use of this space does not inconvenience staff or effect the proposed lease agreement with St . John Ambulance (see Report #Admin-10-96) . i i Respectfully submitted, Reviewed by, M Marano, H.BSc . ,AMCT. , W.H. Stockwell, Treasurer Chief Administrative Officer MM*LB*ld i I i i SCHEDULE "A" THIS INDENTURE made in triplicate as of the 1st day of July, 1996. IN PURSUANCE OF THE SHORT FORMS OF LEASES ACT. BETWEEN: CORPORATION OF THE MUNICIPALITY OF CLARINGTON hereinafter called the "LESSOR" OF THE FIRST PART - and - THE REGIONAL MUNICIPALITY OF DURHAM hereinafter called the "LESSEE" OF THE SECOND PART WITNESSETH that in consideration of the rents, convenants, and agreements hereinafter reserved and contained on the part of the Lessee, the Lessor doth demise and lease unto the Lessee, its successors and assigns, all that messuage or tenement situate, lying and being in the Town of Bowmanville, in the Regional Municipality of Durham being 28 square feet of space (herein called the premises) of the Lessor's building municipality known as 132 Church Street in the said Town of Bowmanville, as shown outlined in red on the plan attached as Schedule "A" hereto. TO HAVE TO HOLD the said demised premises for and during the term of five years to be computed from the 1st day of July, 1996 and s from thenceforth next ensuing and fully to be complete and ended on I ' the 30th day of June, 2001, YIELDING AND PAYING therefor yearly and every year during the said term unto the said Lessor the sum of One Hundred ($100.00) Dollars to be payable on the first day of July each and every year, the first of such payments to become due and be made on July 1st, 1996 and the last payment to become due and be paid in advance on the ist day of July, 1996. -2- THE Lessee convenants that it 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, and will not carry on or. permit to be carried on therein any trade or business other than that of the usual work and business of the Durham Regional Police Force including, without limited the generality of the foregoing, a radio communications room. THE Lessee convenants that it 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, yard or passages of the said premises, and will at all time keep the said premises in clean and wholesome condition. PROVIDED that in the event of fire, lighting, 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. 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 it will not remove such notices, or permit them to be removed. -3- AND that it will leave the premises in good repair, reasonable wear and tear and damage by fire, lighting and tempest only excepted. AND the said Lessee convenant with the said Lessor to pay rent; and that the said Lessor may enter and view state of repair, and will not assign or sub-let without leave, which shall not be unreasonably withheld. PROVISO for re-entry by the said Lessor on non-payment of rent or non-performance of covenants. PROVIDED that notwithstanding anything herein contained, the Lessor's right of re-entry hereunder for non-payment of rent or non-performance of convenants shall become exercisable immediately upon default being made. THE said Lessor convenants with the said Lessee for quiet enjoyment: THE Lessor further convenants with the Lessee: (a) during the term of this lease, whenever heat or cooling air- conditioning is reasonably required, to heat or air-condition the premises so as to keep such premises at a reasonable temperature; (b) to provide electrical current and lighting to the premises; (c) to employ competent janitors and cleaners to maintain the premises reasonably clean and dusted; (d) to keep and maintain the premises in good order and condition and to make promptly all needed repairs thereto; and (e) to permit access at all times to the said premises through the offices of St. John Ambulance. -4- IT IS FURTHER UNDERSTOOD AND AGREED that this lease may be terminated during the term hereof by either party upon at least ninety (90) days written notice and shall terminate on the last day of the third month following the giving of such notice. IT IS agreed between the parties hereto that every covenant, proviso and agreement herein contained shall ensure to the benefit of and be binding upon the parties hereto, and their heirs, executors, administrators, successors and assigns, and that all convenants 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 neutor, as the case may be, were expressed. IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. CORPORATION OF THE MUNICIPALITY OF CLARINGTON PER: MAYOR PER: CLERK THE REGIONAL MUNICIPALITY OF DURHAM PER: REGIONAL CHAIRMAN PER: REGIONAL CLERK SCHEDULE "A" to CNtiRCN �, PA RV,WO I.oT u OFPO Vi a II a .L wsn II SrefAtk Rocn A fr f- Cutp,��v �OCc�f1 Room, . �,uueW Room S P/f c ' f I i I DATED: JULY 1, 1996 CORPORATION OF THE MUNICIPALITY OF CLARINGTON - and - THE REGIONAL MUNICIPALITY OF DURHAM L E A S E SCHEDULE "B" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 96- Being a By-law to authorize the execution of a Leasing Agreement between the Corporation of the Municipality of Clarington and the Regional Municipality of Durham in respect of a lease for premises situated at 132 Church Street, Bowmanville, (Durham Regional Police) 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 with the Corporation Seal, a Leasing Agreement with the Regional Municipality of Durham and said Corporation. 2 . THAT this agreement attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this day of May, 1996 . By-law read a third time and finally passed this day of May, 1996 . Mayor Clerk