HomeMy WebLinkAboutTR-93-86 TOWN OF NEWCASTLE
REPORT File
Res. #
— -- By-Law #
NOTING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE: November 17, 1986
REPORT #: TR-93-86 FILE #:
SUB,ECT: LEASE AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF
NEWCASTLE AND THE REGIONAL MUNICIPALITY OF DURHAM
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
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1 . That this report be received ; and
2. That the necessary By-Law be passed authorizing the
Mayor and Clerk to sign a rental agreement with The
Regional Municipality of Durham; and
3. That the Regional Municipality of Durham be advised of
Council ' s actions .
BACKGROUND AND COMMENT:
The Regional Municipality of Durham have proposed a lease
agreement to the Town of Newcastle offering to rent from the
Town an area of 28 square feet of space located at 132 Church
Street , Bowmanville. See attached copy of lease , as well as
a diagram outlining the area in question marked Schedule "A" .
The space is required by the Durham Regional Police Force, in
order to store their auxilary power equipment . The antenna
for this equipment is located on the top of the water tower,
which is the highest point in the area and therefore , the
most desirable . The alternative to renting this space , would
be to move the antenna, which would be very costly to the
Regional Municipality of Durham.
TOWN AND THE REGION OF DURHAM
r-- - LEASE AGREEMENT BETWEEN THE
24' received; and Clerk -
TR-93-86 be the Mayor and
That Report passed authorizing Municipality of Durham;
-- b law be P the Regional
That the necessary reement with
to sign a rental ag Council' s
and of Durham`.:be advised
That the Regional of
Tona Municipaltiy
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actions (gY-
law 86-152)-
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TR-93-86
LEASE AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF NEWCASTLE
AND THE REGIONAL MUNICIPALITY OF DURHAM
The proposed lease is for a five (5) year term at an annual rate
of one hundred dollars ($100. 00) . The lessee shall have the
right and option to renew the lease upon maturity for a further
term of five (5 ) years upon the same terms and conditions .
The loss of use of this space does not inconvenience staff in any
way , and staff , therefore, recommends that the proposed lease be
accepted .
Respectfully submitted ,
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J. R. Blanchard ,
Treasurer.
JRB/LAB/hjm
Attachments
� 7111'; L'IItLNl11HI. uunit• lu tttptlrutr lilt- 1st Jay oil .luly, 14tH,. -, Wi.W.� ••¢�••,••
IN PURSUANCE OF '111E SIIOl(T FORMS OF LEASES ACT
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8 1. 1' W F. E N • I
TIM CORPORATION OF TOWN
POR TIM OF NEWCASTLR
hereinafter called the 'ULSSOR'
1 OF THE F1ItS1' PART
and —
1.'
TIIE REGIONAL MUNICIPALITY OF DURHAM �l
hereinafter called the "LESSHE'
OF •CIIE SECOND PARl' I
WIMESSE11 that in eunslderatlou of the rents, euvenuuUt, and ag ruemont;t
hereinafter reserved and contained on the part of the Lessee, the Lessor doth
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a demise and lease unto the Lessee, its successors and assigns, all that
messmtge or tenement situate, lying and being in the Town of 8owmanvllle, in
the Regional Municipality of Durham be Lug 28 square feet of space (hereto
called the premLses) of the Lessor's building municipally Iutown as 132 Church
hStreet in the said Town of 8owmanville, as shown outlined in red on the plan
is
attached as Schedule °A° hereto.
} TO HAVE AND TO HOLD the said demised premises for and during the term of one
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year to be computed from the Ist day of July, 1986 and from thenceforth next
���• ensuing and fully to be complete and ended on the 30th day of June, 1991-
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�t� 1r1, YIELDING AND PAYLNG therefor yearly and every year during the said term unto
" t the said Lessor [he sum of One hundred ($100.00) Dollars to be payable on the
first day of July each and every year, the firs[ of such payments to become
due and be made on July 1st, 1986 and the last payment to become due and be
paid in advance on the 1st day of July, 1990.
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THE Lessee covauaut; that It will not Jo or permit to be dune on the said
premises anything which may he a nuisance, and that the Lessee will use and j
occupy the said premises, and will not carry on or permit to be cat rted on
therein any trade or business other than that of the usual work and business of
f the Durham kel;luual Police Force lucIod Lug, without IlmiIlug the generality of t
radio communications room.t e luregoing,
THE Lussea covenants that it will not do or permit to be done any act ur thing
wh 4.•b may make void or voidable arty Insura tic e upuu any hot ld latg, or part thoreut,
upon Lite said premises, or which may cause any increased or additional premium to
be I,.tyablu for tiny such insurance.
.iq I 'flit: Lessee shall not allow any ashes, reiusu, garbage or other loose or
objectionable ma[erial to accumulate in or about the building, yards or passages
`�'' '• i'i of the said premises, and will at all 1lines keep the said premises in clean and
wholesome condition.
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PROVIDED that in the event of fire, lightning, or tempest, rent shall cease until
the premises are rebuilt.
•..�' ;.,:�a PROVIDED that in the event of the destruction or partial destruction of the sold
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premises, the Lessor may declare the term hereby granted to be forthwith
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'T terminated and in such event, rent shall be payable up to the time of such
destruction.
1i!s'�'.yJ`•' PROVIDED that the Lessor may place upon the said premises at tiny 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 nutice mt the said premises
that they are to be less, and the Lessee agrees that It will oot remove such
notices, or I,ermlt them to be removed.
Sryr'; AND that it will leave Lite premises in good repair, reasonable wear and tear and
Y, damage damage by fire, lightning and tempest only excepted.
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AND the said Lessee covenants with the said Lessor to p,ty rent; ,aid that the sold A
lxssur may cuter and view state Of repair, and will nu[ assign or sub--let wl[twin
leave, which leave shall not be unreasonably withheld.
PROVISO for re-entry by the said Lessor on non-payment of rent or non-performance
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.. ,• �'.ie of covenants. ,
PROVIDED that notwithstanding anything herein contained, the Lessor's rll;ht u(
•`,�.' �;,; re-eutry hereunder for non-payment of rent or non-performance of covenants 511,111 f
became exercisable lmmedlatoLy upon default being made.
The said Lessor covenants with the said Lessee for yule[ enjoyment; .
"l THE Lessur further covenants with cite Lessee:
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f. " " (a) during the term of this lease, whenever heat or cooling air-conditioning is
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reasonably required, to heal or air-condition the premises so as to keep such
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?'•'? 'premises at a reasonable temperature;
(b) to provide electrical current and lighting to the premises;
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�. (c) to employ competent janitors and cleaners to maintain the premises
reasonably clean and dusted;
f (d) to keep and maintain the premises in good order and condition and to make
•� prumptly all needed repairs thereto; and
(e) to permit access at all times to the said premises through the offices
occupied by the Newcastle Fire Department.
The Lessee shall have the right and option to renew the within lease upon
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maturity fur a further term of flue (5) years upon the same [erns and conditions.
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.
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.t 1T l5 Fulmil.•1( UNDliltSl'OUD AND ALAUAW that s
t this le, c may be tcunludtod doting the
".Y.,:;�: term heuwl by .'Ithe+ party apuo ❑t Icavt ninety (90) drys welt tt•n notice anJ Fq�
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shall terminate ua the Last day of Lite third month (ulluwlu}t the glvlull of such
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IT IS agreed butweun tile parties hereto that every covenont., proviso and
ag rremcut he rein cunta L •,. {ha1L enure to Che here Cit u[ and be binding upon the
•'�„1ri:`{ parties hereto, and their heirs, exec uturs, athniulstra a>r.+ and
aUd that all covenants herein run Utlned shall be construed as be ntg
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+• t joint and several, and that- when the context so requires or penults Lite singul.u'
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nwnber shall be read as it the plural were expressed, and the masculine gender as
if
he Iemin ioe or neutor, as the cnsu may be, were expressed.
IN N1'lNESS WkIEREUF the parties 6e t'e cu have hereunto affi>;ed their corporate seals
by Lite hands of their proper officers duly authorized in that behalf.
'1'ItE CORPORATLON OF 'rW'. TOWN OF NEWCASTLE
I'l?R:
�.•:� FIAYUR
PER:
CLERK
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'rift: REGLONAL MUNICII'AI.i'rY OF DURBAN
PER:
G. IIIA EMA, Regional Chairman
;•.;j.7:,.t.1 PER:
�• C. iJ. LUNDY, Regional Clerk
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THE P`G;-DN1L >_SICI??CITY G= DG^ter l
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L E A S E
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S. K. JA.IN. Q. C.,
Regional Solicitor,
The Regional Municipality of Dnrbam, -
605 Rossland Road East,
WHITEY, Ontario.
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