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