HomeMy WebLinkAboutTR-30-84 �EPORT #3 3Ch�
W,5
CORPORATION OF THE TOWN OF NEWCASTLE
40 TEMPERANCE STREET
BOWMANVILLE, ONTARIO
L1C3A6 TELEPHONE 623-3379
REPORT TO GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING
HELD MAY 7, 1984
TR - 30 - 84
SUBJECT: LEASE AGREEMENT--HARRY LOCKE
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1 . that this report be received; and
2. 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 , a lease agreement, between Harry Locke and the Corporation
for the property situated at the southwest corner of Martin Road and
Highway 2 (Parks and Recreation Depot) ; and
3. that the attached by-law be forwarded to Council for approval .
BACKGROUND AND COMMENT
An offer to lease, as per Schedule A, submitted by Harry Locke for the Parks
and Cemeteries facility in Bowmanville was received for review by the Town of Newcastle.
The previous lease expires on June 30, 1984, with a monthly rate of $735 per
month. The proposed lease specifies a rate of $770.00 per month for one year with the
option to negotiate a further one or two year term immediately after the expiration
date of June 30, 1985.
Staff recommends to Council to accept the Lease as offered. The Purchasing
Agent and the Director of Community Services have investigated available facilities in
the Bowmanville area and none were found to be suitable or economical to accommodate
the requirements of the Town of Newcastle.
Respectfully submitted,
7je
Kathry . Campbell , C.A. , B. Comm.
'4 T urer j
T.`A. Fanning �, 1
Director of Community Services
KAC/TAF/lb
t Nrknumr nlnl Iilllull,IImIbJ SCHEDULE "An 111"rrt 11"11.0 LOnn�
F—278
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made in duplicate the day of 19
fit Vursuiturr of lily t3llort orutu of i&raoro Art
�i>PfrilpPri
MR. HARRY LOCKE of the TOWN OF NEWCASTLE
in the REGIONAL MUNICIPALITY OF DURHAM
hereinafter called the "Lessor"
OF THE FIRST PART
and
THE CORPORATION OF THE TOWN OF NEWCASTLE
hereinafter called the "Lessee"
OF THE SECOND PART
0itnrnnri(l that in consideration of the rents, covenants and agreements hereinafter
reserved and contained on the part of the said Lessee to be paid,observed and performed,
the said Lessor hath demised and leased and by these presents DOTH demise and LEASE
unto the said Lessee ALL THAT messuage and tenement located in the following ipunici-
pality,namely,
Town of Newcastle
MARTIN ROAD and HIGHWAY NO. 2 at the southwest corner
and being composed of a two storey cement block building and adjacent
property
(hereinafter called the"premises"), upon the following terms and conditions:
phull lluuer IXUrr
Ntwa+uo-euA titlim+t,ldmno4 F.s.s
Form 274
• 01tt yluur 11111 to itinll the premises for raid (luring the term of One year
to be computed front the 1st day of July I one thousand
111110 hundred and eighty-four and vilding on the 30th day of
June one thousaal nine hundred and eighty-five
YIELDING AND PAYING therefor yearly and ('Very yeut'during the said term unto the
said Lessor the sum of$ 9,240.00 of lawful money of Canada, without any
deduction, defalcation or abatement. whatsoever to be pityaIble 1St day on the
following days and times, that is t0 say: From the first day of JULY, 1984 and
the 1st day of each month to and including the first day of JUNE, 1985
at the said rate of $770.00 per month; and
That the Town of Newcastle will be given the option to negotiate a lease
agreement for a further one or two years at the end of this agreement
herein established.
The first of such payments to become due and to be made on the day of
next.
THE Lessee agrees to deposit with the Lessor the stint of$ as prepaid
rent, to be applied towards the ]list month's rent of the term.The Lessor agrees to pay to
the Lesaee interest annually thereon nt the late of 6;1 per annum. Subject always to
Sectioi1 85 of the Landlord and Tenant Act, if the Lessee abandons or vacates the prem-
Isus tit any time prior to the explrutlou ul' the herein lernl of IcuSO, the Lessor shall be
permitted to retain absolutely the aforesaid sun) of money So deposited with the Lessor,
I'ilE Lessee coven tits with the Lessor:
to pay rent
to poly water rates and charges for gas, electricity iund telephone.
to nutinlanin Ihu premises In it Mille of r1vaillIlless, and to repair any damage caused
thereto by his own wilful or negligent conduct or that of persons who are permitted
on the premises by him.
not to cut down timber.
not to assign or sublet without the consent of the Lessor, such consent not to be
arbitrarily or unreasonably withheld. The Lessee shall pay the Lessor's reasonable
expenses incurred thereby.
not to earns on upon the premises any business that may be deemed a nuisance or by
which the insurance on the premises will be increased.
that he will leave the premises in good repair, reasonable wear and tear and damage
by lire, lightning and tempest only excepted.
that the Lessee will repair according to notiee in writing, reasonable wear and tear
a11d (110IM a0 by lire lightning and tempest only excepted.
to promptly notify the Lessor of any repairs to be made by the Lessor, and upon
giving prior notice in accurdiuu•o with Section 93 of the Landlord and Tenant Act,
the Lessor shall be permitted to enter and view the state of repair and to make any
such repairs.
PROVIDED that the Lessee may remove his fixtures,if such removal may be,and is,done
without injury to the premises.
PROVIDED that in the event of damage to the premises by fire, lightning or tempest,
rent shall cease until the premises are rebuilt.
Pl OVIhtD that, where the premises become vacant and so remain for a period of 30
flaysi it shall be presumed that the Lessee has abandoned the premises and the Lessor
may re-enter and take immediate possession of the premises.
PROVIDED that if the Lessee be assessed as a Separate School Supporter, he will pay to
the Lessor it sum sullici0nt to cover the excess of the Separate School tax,over the public
school tax, if any, for a full calendar year.
PROVISO for re-entry by the Lessor on non-payment of rent or non-performance of cove-
nants,provided that such re-entry shall,at all times,be in accordance with the provisions
of the Landlord and Tenar• %et.
i
Short House Lease
Newsome and G111—t,Uniii,'I P.S.3
Yurno 216
PROVIDED that, il'the term hereby granted shall be at any time seized or taken in execu-
tion o•attachment, by any creditor of the Lessee, or if the Lessee shall make an assign-
ment fot• the benclit of creditors, or becoming bankrupt or insolvell shall take the benefit
of any Act that may be in force for bankrupt or insolvent debtors,the then current rent,
together with the rent for three months thereafter, shall immediately become clue and
payable, all Subject to the provisions of the Landlord and Tenant Act, as amended.
THE Lessor shall maintain tho premises in it good state of repair and fit for habitation
during the herein lease is order that the premises comply with health and safety Stan-
dards required by law.
THE Lessor covenants with the said Lessee for quiet enjoyment.
THE Lessee covenants with the Lessor to permit the said Lessor during the last month
of the currency of fill;' le.80, to put up upon the said premises, notice of his intention to
lease the same; and also to permit during the same time, such person or persons as he
may be desirous of leasing the said premises at the expiration of this lease to visit and
inspect the sunne nn written notice to the Losscc, given at least twenty-four hours before
the time of entry,which shall be during daylight hours and specified in the notice.
IT IS HEREBY agreed between the parties hereto that if, upon the determination of the
lease by eflluxiol of time, the Lessor permits the Lessee to remain in possession of the
premises and accepts rents in respect thereto, a tenancy from year to year shall not be
created by implication of lane,but the Lessee shall be deemed to be a monthly tenant only.
1
straw"°"`
AND the said spouse of the said Lessor hereby ccnlsents to the transaction evidenced by
It not
.p„uea6le this Indenture.
IT IS HEREBY declared and agreed that the expressions "Lessor” and "Lessee",
wherever used in this Indenture,shall,when the context allows,include,be binding on and
enure to the bonelit of not only the parties hereto, but also their respective executors,
administrators and assigns.
AND it is further agreed between the parties hereto that wherever the singular and
masculine are used throughout this lease they shall be construed its if the plural or femi-
nine hull hoer used, where than conirxt or thu pa rly oar p,u•tia;s herein so 1•equire, and the
rest of the sentence shall be construed us il' the grunlmntical and terminological changes
thereby rcnderutt had been trade.
IN WITNESS WIIEREOh the said parties hereto have hereunto set their hands and Seals,
0i1nrl, &P tlrb Hill Urliurrrl
in the presence of Mr. Murry Locke
THE CORPORATION OF THE TOWN OF NEWCASTLE
Mayor Clerk
RECh:WT Ole TENANCY AGREEMENT:
I/WE hereby acknowledge receiving a duplicate original copy of the herein lease this
day of 19
.... ... ... _ .. . . .................................I........
Lessee (Tenant) Lessee (Tenant)
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NO.
Being a by-law to authorize the entering
into a lease with Harry Locke.
THE MUNICIPAL COUNCIL OF 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, a lease between Harry Locke and the
Corporation dated the day of
19 , which lease is attached
hereto and marked Schedule "A" .
BY-LAW READ a first time this day of
BY-LAW READ a second time this day of
BY-LAW READ a third time and FINALLY PASSED this day
of
Mayor
C
Clerk