Loading...
HomeMy WebLinkAboutTR-43-85 File No__._z J..' CORPORATION OF THE TOWN OF NEWCASTLE TREASURY DEPARTMENT K. CAMPBELL, C.A.,TREASURER 40 TEMPERANCE STREET TEL.(416) 623-3379 BOWMANVILLE, ONTARIO L 1 C 3A6 REPORT TO GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING HELD JUNE 17, 1985. REPORT NO. : TR-43-85 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 southeast 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 the same terms and conditions as Schedule A attached (1984 lease) , proposed by Harry Locke for the Parks and Cemeteries facility in Bowmanville was offered for review by the Town of Newcastle. - 2 - TR-43-85 LEASE AGREEMENT - HARRY LOCKE The previous lease expires on June 30, 1985, with a monthly rate of $770.00 per month. The proposed lease specifies a rate of $800.00 per month for two years with the option to negotiate a further one or two year term immediately after the expiration date of June 30, 1987. A second proposal by Mr. Locke included the construction of a building which would provide an additional 2,000 square feet of storage space. The lease rate would be approximately $1 ,050 - $1 , 150 per month, however a five to ten year lease would be required. Staff recommends that this second option not be considered at this time, and that the two year lease be accepted as offered. The Purchasing Agent has 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, f Kathryn A. Campbell , C.A. , B.Comm. , Treasurer. f �k Jan Devantier, R.D.M.R. , Director of Community Services. KAC/JD/os. Attachment THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NO. 84-80 veiny ,r by-law to authorize the entering into a lease with Harry Locke. IHL MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASILL HEREBY ENACTS AS FOLLOWS: chat 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". HY-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 d,ry u t Mayor Clerk 1 N, Start • a made in duplicate the 3 day of "l a? 19�� Iu Vurnuuncr tit the t'llorl ?Rnrllln tit leunrtnAct �ieltueett MR. HARRY LOCKE of the TOWN OF NEWCASTLE in the REGIONAL MUNICIPALITY OF DURHAM hereinafter called the "Lessor" OF THE h1RST PART and THE CORPORATION OF THE TOWN OF NEWCASTLE hereinafter called the "Lessee" UT THE SECOND PART l� � i try TOitneauetll 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 munici- 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: / Ncweourc unl Gdan•rt,Luua,d Perm 274 rage 2 ✓"V Lit 42uuc 11111 In iflulb lilt, premises for and during the term of one year to be computed from the 1St Lilly of July one thousand nine hundred and eighty-four and ending on the 30th clay of June , out thonsaud nine hundred and eighty-five YIELOIN1; AND PAYING therefor ye;u•ly and evely year during the said term unto the said Lessor the Stnn of $ 9,240.00 of lawful money of Canada, without any deduction, defalcation or abatement whatsoever to be payable 1St day oil the following days and times, that is to 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. rlil? lessee agrees to deposit with the Lessor the Sum of $ as prepaid rent, to be applied towards the last month's rent of the term.'rhL lessor agrees to pay to the Lessee interest annually thereon at the rate of 0;i per annum. Subject always to Se'cliull 85 of tine Landlord and Tenant Act, il' the Lessee abandons or vacates the prem- ises at any time prior to the expiration of the henvin term of Icase, the Lessor shall be permitted to retain absolutely the aforesaid sum of money so deposited with the Lessor, THE Lessee covenants with the Lessor: to pay rent to pay water rates and charges for gas, electricity and telephone. to maintain the premises in it state of cleanliness, 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. \j 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 pity the Lessor's reasonable expenses incurred thereby. 1101 to rarlry on upon tilt' premises any business that may be deemed a nuisance or by Which the insurance on the premises will be inereasod... that he will I('uve the premises in good repair, reasonable wear and tear and damage by lire, lightning mid tempest only excepted. that the Lessee will repair according to notice in writing, reasonable wear and tear and dannuge by fire lightning and tempest only excepted. to promptly notify the Lessor of any repairs to be made by the Lessor, and upon givung prior notice in accordancu with Section 93 of the Landlord and Tenant Act, the Lessor shall be permitted to enter and view the stale of repair and to make any Such repairs. PROV11)LI) that the lessee nuty remove his fixtures, if such removal may be,and is,done without injury to the premises. PROVIDED that in tilt, event of damage to the premises by fire, lightning or tempest, rent, shall tease until the premises are rebuilt. PROVIDE?I) that, where the premises become vacant and so remain for a period of 30 slays, it shall be presumed that the Lessee has abandoned the premises and the Lessor Inay re-enter .und take iunmediale possession of the premises. 111MVIDE1) that if the Lessee be assessed its it Separate School Supporter, he will pay to the Lessor it sum sufficient to cover the excess of the Separate School lax, over the public school tux, It any, for it full calendar year. PROVISO for re-entry by the Lessor on non-payment of rent or non-performance of cove- rruils, proridccl that such re-entry shall, at ail times, be in accordance with tilt, provisions Of the Lauidlorel and Tenant Act. 1 N—...,,,,�.,n.l la,ll,urt,Li�,,—.l shun H.—I"n- r�,m[7S Puce 9 111O\'IiED that, if the terfn hereby graute(I shall be at any time seized or taken in execu- liuu or attachment, by iuly creditor of Life Lessee, w, if the Lessee shall make in assign- ment for the benelit of'creditors, or becoming bankrupt or insolvent shall take the benefit of any AeL that. may be in force for bankrupt or insolvent debtors, the then current rent, topeihty with the rant for three months thert,after, shall immediately become due and payable, all subject to lho provisions of the Landlord and Tenant. Act, as amended. THE Lessor shall maintain tilt, premises in a good stale of repair and fit for habitation (luring Ihu borein lease in order that. the premises comply with health and safety stan- dards required by law. 1'llb: Lessor urvcmmts with the said Lessee fur quiet enjoyment. '1'111? I.essau covenants with the Lessur to permit the said Lessor during the last month of the currency of this lease, to put up upon the said premises, notice of his intention to (case the same; and also to permit during the same time, such person or persons as he way be desirous of leasing the ,aid premises at the expiration of this lease to visit and inspect the same oil written notice to the lessee, given it least twenty-four hour's before the Lillie of entry, which shall be during daylight hours and specified in the notice. IT IS IIEItE11Y agreed between the panics he'CLO that if, upon the determination of the lease by ellluxion of Line, the Lessor permits the lessee to remain in possession of the premises acid accepts rents is respect thereto, it tenancy from year to year shall not be created by implication of hav, but the lessee shall be deemed to be it monthly tenant only. I Strik` It AND the said spouse of the said Lessor hereby consents to the transaction evidenced by r-p,A,cnble this Indenture. IT IS IIE'REB), declared and agreed that the expressions "Lessor" and "Lessee", whe•evu•used in this Indenture, shall, when the context alluNas, include, be binding on and enure to the benelit of not only Cite parties hu•elo, buCidw their respective executors, administrators avid assigns. AND it is further agreed between the parties hereto that wherever the singular and nwsctdine are used throughout this lease they shall be construed ais if the plural or femi- nine had been used, where the context or the party or parties hereto so require, and the rest of the sentence shall be construed is it.' the grammatical and terminological changes thereby rendered hall been made. IN WITNESS WHEREOF the said parties hereto have hereunto set their hands and seals. i tttnrtl, ralrl am) Ddiurrrd in the presence of Mr. lorry Locke THE CORPORATION OF THE TOWN Of NEWCASTLE AcTi vG Mayor Clerk RECEIPT OP TENANCY AGREEMENT: I'WE hereby acknowledge receiving It duplicate original copy of the herein lease this day of 19 Lessee (Tenant) Lessee (rl errant) I I I