HomeMy WebLinkAboutTR-35-83 f
CORPORATION OF THE TOWN OF NEWCASTLE
40 TEMPERANCE STREET
BOWMANVILLE, ONTARIO
LiC3A6 TELEPHONE 623-3379
REPORT TO COUNCIL MEETING OF MAY 9 1983
TR-83-35
SUBJECT: TOWN OF NEWCASTLE TENDER T38 - 8
BOWMANVILLE PARKING LOT DEVELOPMENT
RECOMMENDATIONS:
1 . That this report be received; and
2. That Behan Construction Ltd. , Cobourg, Ontario, with a total
bid of $94,221 .84, being the lowest responsible bidder meeting
all terms, conditions and specifications of Tender T83 - 8
be awarded the contract to construct municipal parking lots on
Division and Silver Streets in Bowmanville; and
3. That the required funds be drawn from the 1983 capital budget
provision for the Bowmanville Revitalization Project; and
4. That Council adopt the attached by-law authorizing execution of
a lease for the Silver Street Parking Lot.
BACKGROUND AND COMMENT:
As members of Council will recall , Tender T83 - 8 provides for the
construction of parking lots in Bowmanville in accordance with the
Main Street Revitalization Plan for Bowmanville as approved by Council
in 1982. Members of Council will also recall that the adoption of
the Main Street Plan lead to the approval by the Province of the Town's
application for funding under the Main Street Revitalization Program.
The 1983 budget provides for a total expenditure of $323,490.00
representing $150,000.00 in revitalization loan money and a draw of
$134,540.00 from the Parking Reserve account. With the award of this
tender and with previous expenditures for land acquisition,approximately
$65,000.00 will remain for the balance of the revitalization project
. .2
-2-
TR-83-35
(improvements to King Street and engineering costs). Staff are
confident that the remaining works can be accommodated within the
remaining funds.
A schedule of the bids as received and evaluated is attached (Schedule A).
At this time it would be appropriate for Council to authorize the
execution of a lease for the Silver Street Parking Lot. Discussions
between members of the B.I.A. Board of Management and the lot owner
have taken place and as required under the Revitalization Plan and Loan
Program the lease must be executed by the Corporation. A copy of the
proposed lease is attached.
Staff are presenting this report at this time, in order that the
construction of the Parking Lots can proceed as quickly as possible.
It is hoped that the construction will be well under way by the
125th Anniversary of Bowmanville Celebrations. Council may wish to
suitably recognize the start of construction as a major step towards
the revitalization of the Bowmanville Business Centre.
Respectfully submitted
DH:TTE:nof
D. Homeni t,( , . urchasj ng
Supp 1y-
Edwards, Director of Planning
SCHEDULE "A"
BID TABULATION - T83-8, CONSTRUCTION OF MUNICIPAL PARKING LOTS
BIDDER BID AMOUNTS
PART A PART B TOTAL A & B
Behan Construction Ltd.
Cobourg, Ontario $68,981.14 $25,240.20 $94,221.84
Miwel Construction Ltd.
Markham, Ontario 71 ,229.09 25,561 .73 96,790.82
Bennett Paving & Materials Ltd.
Oshawa, Ontario 71 ,317.09 26,329.36 97,646.45
Harnden & King Const. (Ont. ) Ltd.
Cobourg, Ontario 76 ,870.41 30,210.06 107,080.47
Associated Paving Co. Ltd.
Toronto , Ontario 77,579.50 29,593.95 107,173.45
Dorline Construction Ltd.
Pickering , Ontario 75,759.42 31 ,781 .63 107,541 .05
Elirpa Const. & Materials Ltd.
Pickering , Ontario 78,806.60 29,345.70 107,952.30
Advance Paving Ltd.
Agincourt, Ontario 81 ,272.75 28,983.90 110,256.65
Bowman Construction Ltd.
Bowmanville, Ontario 90,648.00 33,749.77 124,397.77
Lamco Construction Ltd.
Gormley, Ontario 93,943.25 37,430.05 131 ,373.30
B & M Utility Contractors
Scarborough , Ontario 99,812.03 37,665. 12 137,477.15
*REJECTED BID
* "Agreement to Bond" not appropriately signed.
I'
A it
II THIS LEASE made the day of 1983
(in pursuance of the Short Forms of Leases Act)
j�
I
BETWEEN :
I'
l
SCHLEISS DEVELOPMENT COMPANY LIMITED,
j a corporation incorporated under the
laws of the Province of Ontario
(herein called the "landlord")
OF THE FIRST PART
AND:
j THE CORPORATION OF THE TOWN OF NEWCASTLE
I; II
j (herein called the "tenant")
OF THE SECOND PART
'I
ii
II
WITNESSES :
I
j In consideration of the rent reserved hereby and the
I
I covenants contained on the part of the tenant , the landlord
hereby leases to the tenant all that portion of Town Lots
42 , 43 , 130 and 131 , Block M. John Grant ' s Plan in the
Town of Newcastle , in the Regional Municipality of Durham,
l
in the Province of Ontario (herein called the "premises")
I
and more particularly described in Schedule "A" attached
hereto .
j
I
I
To hold the premises for five (5) years ,
commencing the day of 1983 .
The tenant paying therefor during the term the
j following rent :
(a) a rental of One Dollar ($1 . 00) per year
I I
payable in advance on the
�I 1 . Tenant' s Covenants
II a) Rent - to pay rent ;
j b) Taxes - to pay taxes , assessed on or in respect of
j; the premises and any part thereof;
I. ,I
ij
i
i!
i I
i I�
2 - ;!
c) Assignment - not to assign or sublet or part with
i�
possession of the premises or any part thereof
without leave except as hereinafter provided;
d) Leaving premises in good repair - to leave the j
j premises in good repair , reasonable wear and tear
only excepted;
�i e) Tenant to construct parking area - that it will
I I
design and construct at its own expense and have
j
completed in a substantial and workmanlike manner
in accordance with the design criteria, specifications ,
li I�
I
i' plans and materials prepared by the tenant ,
i) paved driveways and parking areas for the
parking of motor vehicles ;
ii) drainage facilities ;
I
! iii) architectual landscaping and planting of trees
i
and greenery;
iv) all other structures and facilities required
parking a
for
P g lot.
!� f) Supervision - that it will adequately supervise
I I
jj the construction of the parking lot.
g) Inspection - to permit representatives of the
i
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 .
j1 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 any one accident to the limit of
i.
I
i Dollars which amount shall be subject to actuarial
adjustment from time to time exclusive of interest
ii
Ii
I{
'! II
I
II 3
and costs , against loss or damage resulting from
i
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
ii
insured thereunder and will protect the Landlord
1 against all claims for all damages or injury including
�I
death to any person or persons and for damage to any
property of the Landlord or any other public or
I
private property arising out of any act or omission
on the part of the Tenant, its servants or agents
II and to forward a certified copy of the insurance
Ij I
policy to the Landlord upon request.
i
2 . Landlord' s Covenants
ji The landlord hereby covenants with the tenants as follows :
i
!! a) Quiet enjoyment - for quiet enjoyment.
b) Parking levies - that the tenant may permit the
parking of motor vehicles by the general public
i
on the premises and may charge for parking on the
premises and may enforce the payment of charges
for such parking including the prosectuion under
I
the By-Laws of The Corporation of the Town of
l Newcastle for failure to pay the required charges .
3 . Provisos
Provided always and it is hereby agreed as follows :
II' �
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 to remove the paved
surface or any concrete abutments constructed on
�l
the lands .
M
I
II
Ilj I I
II
I I
4 -
ll
II b) Arbitration - That except as other provided herein
(if and) whenever any dispute or question shall
I arise between the landlord and the tenant touching j
these presents , or anything herein contained, or
i
the construction hereof or the rights , duties or
liabilities in relation to the premises , the
i matter in difference shall be submitted and referred
to arbitration. Any submission to arbitration shall
be under the Arbitration Act.
i
I;
4 . Extension
I,
I
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 l
j are contained in this Lease, save only a right of
li Ij
li further renewal . During such extension or renewal
fI period the Landlord shall have the right to terminate
I �) the Lease by giving to the Tenant six (6) months ;I
I� notice in writing of the intention of the Landlord to
terminate the Lease . In the event of early termination
a herein provided for he Landlord shall a to the
� s h e n p t pay
j Tenant one-tenth (1/10th) of the Tenant' s site,
preparation costs for each year or part year otherwise
f j
�I remaining .
I ' S . First Right of Refusal
If the Landlord receives a bona fide offer to purchase
I� ; the premises which the Landlord is willing to accept ,
�I
then the Landlord shall give written notice of such
it I� offer to the Tenant by sending to it a true copy thereof
I
i
j and the Tenant shall have the right during the next
,E
ii
I
I
i
� I
I�
5 -
sixty (60) business days after 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
tenants 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 on the terms and conditions
t set forth in the said Offer. If the premises are not
sold under the terms of that Offer the Landlord shall
be obliged to submit any further Offer to the Tenant
r
by giving written notice thereof to the Tenant in the
manner in this clause provided.
�i
6 . Option to Purchase
ii Upon termination hereof the Tenant shall have and is
hereby granted an option to purchase the premises . The
I Tenant may exercise its option to purchase the premises
by giving notice of its intentions so to do at least
thirty (30) days prior to the termination hereof. If
i
the Tenant elects to exercise such option he shall do
i so by giving notice in writing to the Landlord. The
I
purchase price payable for the premises shall be
determined by an appraiser satisfactory to both parties .
'fI
'� II
6 -
The cost of such appraisal shall be born equally by
the Landlord and the Tenant and the sale shall be
completed within a reasonable time following completion
of such appraisal .
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 :
c/s
Per:
THE CORPORATION OF THE TOWN OF
I NEWCASTLE
ji! 1f Per :
! Mayor
1
!;
Per :
Clerk
c/s
I
1I
1
1
(1 !
!f
I� f;
ti �I