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HomeMy WebLinkAboutTR-78-85 TOWN OF NEWCASTLE IN, REPORT File # , Res. # ,�✓�C/� ?c 95 By-Law # { hEETING: REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING DATE: December 9, 1985 REPORT #: TR-78-85 FILE #: SUB.ECT: RENEWAL OF LEASE AGREEMENT FOR DURHAM REGIONAL POLICE, 132 CHURCH STREET, BOWMANVILLE RECOMMENDATIONS: 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 The Regional Municipality of Durham and The Corporation for the office space currently occupied by The Durham Regional Police, 132 Church Street, Bowmanville, Ontario; and 3. That the attached By-law be forwarded to Council for approval . BACKGROUND AND COMMENT: An offer to lease, as per Schedule A attached, proposed by the Regional Municipality of Durham for the space currently rented by the Durham Regional Police, 132 Church Street, Bowmanville, was offered to the Town of Newcastle for review. This lease is as per the same terms and conditions as the 1984 lease with the exception of the following clause being inserted: " The lessee shall have the right to terminate the contract upon three (3) months written notice to the lessor." The previous lease expires on December 31 , 1985, with a rate of $2,466.67 per month . The proposed lease specifies the same rate of $2,466.67 per month for one year with the option to renew for a further period of one ( 1 ) year at a rental rate to be negotiated at that time. - 2 - TR-78-65 RENEWAL OF LEASE AGREEMENT FOR DURHAM REGIONAL POLICE, 132 CHURCH STREET, BOWMANVILLE The Regional Police are currently paying $13.04 per square foot for this space as opposed to a general commercial rental rate of $10.00 to $12.00 per square foot. After review of the lease and the current market prices , staff recommends that the lease be renewed as offered. Respectfully submitted, Mr. J. Blanchard, / Deputy Treasurer. /hjm THIS INDENTURE made in duplicate as of the 1st day of January, 3 / ) 1986. v r h IN PURSUANCE OF THE SHORT FORMS OF LEASES ACT BETWEEN : THE CORPORATION OF THE TOWN OF NEWCASTLE 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, covenants, 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 2,270 square feet of space (herein called the premises) of the Lessor's building municipally known as 132 Church Street in the said Town of Bowmanville, as shown outlbne in red on the plan attached as Schedule "A" hereto. TO HAVE AND TO HOLD the said demised premises for and during the tern of one year to be computed from the 1st day of January, 1986 and from thenceforth next ensuing and .fully to be complete and ended. YIELDING AND PAYING therefor yearly and every year during the said term unto the said Lessor the sum of TWENTY-NINE THOUSAND, SIX HUNDRED ($29,600.00) DOLLARS, (calculated on the basis of 2,270 square feet at $13.03965 per square foot per annum), to be payable on the following days and times, that is to say: The sum of TWO THOUSAND, FOUR HUNDRED AND SIXTY-SIX DOLLARS AND SIXTY-SEVEN CENTS ($2,466.67) monthly on the first day of each and every month, the first of such payments to become due and be made in the sum of $2,466.67 on January 1st, 1986 and the last payment to become due and be paid in advance on the 1st day of December 1986. - 2 - —.–� THE Lessee covenants 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. THE Lessee covenants 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, yards or passages of the said premises, and will at all times keep the said premises in clean and wholesome conditions. PROVIDED that in the event of fire, lightning,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. AND that it will leave the premises in good repair, reasonable wear and tear and damage be fire, lightning and tempest only excepted. AND the said Lessee covenants 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 leave 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 of non-performance of covenants shall become exercisable immediately upon default being made. - 3 - �1J3 �) The said Lessor covenants with the said Lessee for quiet enjoyment: THE Lessor further covenants 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 provide during the term of this lease seven (7) parking spaces for the exclusive use of the Lessee in the parking area adjoining the premises. THE Lessee shall have the right and option to renew the within lease upon maturity for a further term of one (1) year upon the same terms and conditions save and except as to rental amount, which amount shall be negotiated at the time of renewal. A notice of renewal shall be served in writing upon the Lessor at least three (3) months prior to the expiry date of the lease herein. THE Lessee shall have the right to terminate the contract upon three (3) months written notice to the Lessor. IT IS agreed between the parties hereto that every covenant, proviso and agreement herein contained shall enure to the benefit of and be binding upon the parties hereto, and their heirs, executors, administrators, successors and assigns, and that all covenants 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. THE CORPORATION OF THE TOWN OF NEWCASTLE PER: Mayor PER: Clerk THE REGIONAL MUNICIPALITY OF DURHAM PER: G. errema, Regional Chairman PER: Lundy, Regional Clerk •.)C:k:: F,Ji.:! Iii-74 . , � J•T" Y•YV I •. IY AOk ARFA 7X0\7 oma o 1 `IIW� +JW0.4 ►R V oliZe .. • CI1l•ALOCX AAU 113-14 i . 1 1 71RL 1LUJ. I' v GQl:FIS )TF1C3J 1 MAR LICI vi /Y'/O' PJCL 1 OO;:bx 1 ` t Roa1 • i\1 1 ".AX 7 + i CP.I.11112 APSA P•CO:I NA' � Iy•1O•' 1l4LL'/AY' ,` ;VLL:1�r ' ;:. 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