HomeMy WebLinkAboutTR-32-87 TOWN OF NEWCASTLE
t REPORT File
Res. # -
By-Law #
MEETING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE: April 21, 1987
REPORT #: TR-32-87 FILE #:
SUB.1ECT: LEASE AGREEMENT - HARRY LOCKE
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 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; and
4. That in accordance with Section 64 of the Ontario Municipal Board
Act, authorization be obtained from the Ontario Municipal Board prior
to the execution of this agreement.
BACKGROUND AND COMMENT:
An offer to lease, as per the terms and conditions of Schedule "A" attached,
proposed by Harry Locke for the Parks and Recreation facility in Bowmanville was
offered for review by the Town of Newcastle.
Page - 2
TR-32-87
LEASE AGREEMENT - HARRY LOCKE
The previous lease expires on June 301, 1987, at a monthly rate of $800.00 per
month.
The proposal by Mr. Locke includes the construction of an addition which will
be 30 feet x 66 feet in size. This structure will be attached to the present
cement block building and will be metal clad. The building will have large
sliding doors at both ends to accommodate equipment entry and exit. The new
section will also be equipped with hydro.
The proposed lease is for a term of five (5) years and specifies rates of
$1250.00 per month for the first year, $1312.50 per month for the second year,
$1378.13 per month for the third year, $1447.03 per month for the fourth year,
and $1519.38 per month for the fifth year. This reflects a 56% increase for the
first year and 5% increase for each consecutive year. The proposed lease also
includes upon expiration, the option of renewing the lease for a further two (2)
year term at a rate to be negotiated. A letter, marked Schedule "B", from Mr.
Locke is attached to support the proposed lease.
The additional funds required have been provided for in the approved 1987
Community Services Department Current Budget.
After review and analysis of the proposal, staff recommends that the five (5)
year lease be accepted as offered.
Respectfully submitted, Recommended for presentation
to th, Committee,
r.
/. J.R. Blanchard, �,L . ence ',Kotseff,
Treasurer. Chief A itrative Officer.
J Caruana,
Deputy Director of Community Services
LAB/hjm
Attachments
i
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 87-
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:
I
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 this day of April, 1987, which lease
is attached hereto and marked Schedule "X".
By-Law read a first time this day of April 1987.
By-Law read a second time this day of April 1987.
By-Law read a third time and finally passed this day of April 1987.
Mayor
Clerk
SCHEDULE "A" Dr,d Durham un,11.1,T.—
�//'
commercial Lease. raei."1.1h.t.sei
Form 860.660 ° J `
this 311denture
roo)rl{hi 180{,lye k Uurh.m 41m1"d
made the day of '
one thousand nine hundred and
Itr urgutince of tlje itjort orm� of teaoe act
�ettveen
Mr. Harry Locke of THE TOWN OF NEWCASTLE
in the Regional Municipality of Durham
hereinafter called the "Lessor"
r
OF THE FIRST PART
—and—
THE CORPORATION OF THE TOWN OF NEWCASTLE
hereinafter called the"Lessee'
OF THE SECOND PART
Premises WITNESSETH 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 has demised and leased and by these presents doth demise and lease unto the said Lessee
ALL THOSE CERTAIN PREMISES excluding any part of the external walls known
and described as
in the Town of Newcastle (formerly the Town of Bowmanville), in the
Regional Municipality of Durham and known as Martin Road and Highway NO.2
at the southwest corner and being composed of a two (2) storey cement
block building with attached metal clad structure and adjacent property.
Term TO HAVE AND TO HOLD the said demised premises for and during the term of
Five (5) Years 1987
to be computed from the lst day of July
and from thenceforth ensuing and to be fully completed and ended on the 30th
day of June
19 92
Rental hereby AND PAYING THEREFOR yearly and every year during the said tern
hereby granted,unto the said Lessor, the sum of setforth in Schedule "A" attached hereto.
dvance on the
the
day of each and every month during the said term,
be made on
The said Lessee covenants with the said Lessor to pay rent.
Business
Taxes AND to pay all business taxes in respect of the business carried on by the Lessee in and
upon or by reason of their occupancy of tiie premises hereby demised;
i
i
or.s o,rem Ilmlied
Commercial Lease—Page 2. Form eso-sn°
t•opydthl IBOL Dye k Durham Limned
Repair AND to repair (reasonable wear and tear,and damage by fire,lightning and tempest only
excepted);
AND that the said Lessor may enter and view state of repair;
AND that the said Lessee will repair according to notice in writing (reasonable wear and '1
tear and damage by fire,lightning and tempest excepted);
AND that they will leave the premises in good repair (reasonable wear and tear and
damage by fire, lightning and tempest only excepted);
Assignment AND will not assign or sub-let the whole or any part of the demised premises without leave;
the Lessee hereby waives and renounces the benefit of any present or future act of the Legislature
of Ontario which would allow the Lessee to assign or sub-let this lease,without leave of the Lessor.
AND the said Lessee covenants with the said Lessor,its successors and assigns:
Business (a) THAT the said demised premises will not,during the said term,be at any time used for any
other purpose than that of
Fixtures (b) AND THAT no fixtures, goods or chattels of any kind will, except in the ordinary course
of business,be removed from the demised premises during the term hereby demised or at any time
thereafter without the written consent of the Lessor, its successors or assigns, being first had and
obtained,until all rent in arrears as well as all rent to become due during the remainder of the term
hereby granted shall have been fury paid,or the payment thereof securest to the satisfaction of the
Lessor or its assigns.
Electric (c) THAT the Lessee will not,during the said term or at any time prior or subsequent thereto,
Power purchase,acquire or use any electric current for lighting or other purposes except Iran the company
or corporation which shall for the time supply the Lessor with electric current for such purposes in
the said building; the intention being that without the written consent of the Lessor,there shall be
only one system of electric lighting in the said building.
(d) THE Lessee hereby covenants to pay all charges for electric energy for light and power)
and gas used by the Lessee in the demised premises.
Alterations, (e) THAT if the Lessee shall during the said term desire to affix or erect partitions,counters
Partitions, or fixtures in any part of the walls,floors or ceilings of the demised premises,it may do so at its own
Etc• expense at any time and from time to time provided that the Lessee s rights to make such alterations
to the demised premises shall be subject to the following conditions:—
(1) THAT before undertaking any such alterations, the Lessee shall submit to the Lessor a
plan showing the proposed alterations and shall obtain the approval and consent of the
Lessor to the same.
(2) THAT all such alterations shall conform to all building by-laws, if any, then in force
affecting the demised premises.
(3) THAT such alterations will not be of such kind or extent as to in an manner weaken the
structure of the building after the alterations are completed or reduce the value of the
building,
(f) THAT, except as herein provided the Lessee will not erect or affix or remove or change .
the location,or style of any partitions or fixtures, without the written consent of the Lessor being
first had and obtained.
(g) THAT, at the expiration of the term hereby granted, or any renewal thereof, all fixtures
belonging to the Lessee shall remain upon the clemised premises until taken down by the Lessor,
and the Lessee shall forthwith, upon the same being taken clown, remove the same from the
demised premises first paying to the Lessor the expense of such taking clown and making good all
damage occasioned to the demised premises by the taking down or removal thereof.
Bankruptcy (h) THAT, if the term hereby granted or the goods and chattels of the Lessee or any assignee
or or sub-tenant shall be at any time seized or taken in execution or attachment, or if the Lessee or
Insolvency any such assignee or sub-tenant shall make all assignment for the benefit of creditors or shall
become bankrupt or insolvent, or make a proposal to its creditors, or without the consent of the
Lessor being first obtained in writing,shall make a sale,under the Bulk Sales Act,in respect of goods
on the premises, or being a company shall become subject to any legislative enactment relating to
liquidation or winding up,either voluntary or compulsory, the said term shall immediately become
forfeited and void,and an amount equivalent to the next ensuing three months'rent shall be at once
due and payable.
Rules and (t) THAT the Lessee and its clerks,servants and agents will at all times during the occupancy
Regulations of tine demised premises observe and conform to such reasonable rUICS and regulations as shall be
made by the Lessor from time to time including the rules and regulations set forth in Schedule"A"
hereto and of which the Lessee shall be notified, such rules and regulations being deemed to be)
incorporated in and form part of these presents.
Remodolling (j) THAT, in the event of the Lessor desiring at any time during the term, or any renewal
and Sale thereof, to remodel the said building, or any part thereof, or to take down the said building, the
Lessee will on receiving six months' notice in writing, surrender this lease and all the remainder of
the tern, if any, then yet to come and unexpired, as from the day mentioned in such notice,•and
will, subject nevertheless to the provisions hereinbefore contained thereupon, vacate the premises
eable possession thereof. IT IS UNDERSTOOD that the said
and yield up to the Lessor the peac
six months' notice need not expire at the end of any year or at the end of any month, and in the
event of the day fixed for termination of the lease expiring on some other day than the last day of
a month, the rent for such month shall be apportioned for the broken period.
I'I IS AGREED between the Parties hereto that in the event of a sale of tile said premises
or if the said premises be expropriated or condemned by any Department of the Federal,Provincial
Commercial Lense—Page 3.
Form fi Gll.nfiG "� t._�J
C6DY71111t 1901,mys It Duth—Idmlud
or Municipal Governments then the Lessor shall have the right notwithstanding anything herein
contained to terminate (Isis lease upon 4iving three months' notice in writing to the Lessee of his
intention so to do or by paying the said Lessee a bonus of three months' rent, in which littler
event, the Lessee undertakes to vacate the said premises at the expiration of thirty (30) days from
the delivery of such notice.
Protective THE LESSEE agrees to pay the cost of any installations, additions, or alterations to the
Installations said premises that the Lessor may be required to make by any Municipal, Provincial or other
governing authority, or requested by any private protective system used by the Lessees, for the F
security and protection of the Lessee and his employees and his or their effects including but not
so as to limit the foregoing installations, additions and alterations for fire and theft protection and
all such Installations, additions, or alterations shall forthwith become the property of the Lessor.
Distress AND the Lessee further covenants, promises and agrees with the Lessor that notwith-
standing any present or future Act of the Legislature of the Province of Ontario, none of the goods
or chattels of the Lessee at any time during the continuance of the term hereby created on the said
deunised premises shall be exempt from levy by distress for rent in art-cars by the Lessee as provided
for by the said Section of said Act,and that upon any claim being made for such exemption by the
Lessee or on distress being made by the Lessor,this covenant and agreement may be pleaded as all
estoppel against the Lessee in any action brought to test the right to the levying upon any such grids
as arc named exempted in the said Section, the Lessee waiving as Ise hereby does all and every
benefit that could or might have accrued to him under and by virtue of the said section of the said
act but for the above covenant.
The Lessor covenants with the Lessee for quiet enjoyment.
The Lessor further covenants with the Lessee as follows:
Taxes and (a) To pay all taxes and rates, municipal, parliamentary or otherwise, including water rates
Rates for the normal supply of cold water to the said premises, assessed against the den used premises of
the Lessor or Lessee on account thereof saving and excepting any business taxes and taxes upon
personal property or income of the Lessee, license fees,or other taxes imposed upon the propel ty,
business or income of the Lessee;
PROVIDED THAT;
(i) IN THE EVENT of the Lessee being assessed as it Separate School Supporter, and by
reason thereof the amount of the taxes payable on the said premises being increased over
the amount payable on an assessment as a Public School Supporter,then and in such event
the Lessee covenants and agrees with the Lessor to pay to the Lessor the amount of such
increase upon demand being made therefor in writing by the Lessor. It is understood and
agreed that such increase shall be payable by the Lessee notwithstanding the fact that at
the time such demand is made, the Lessee may have ceased to be a tenant of the Lessor.
In the event of the Lessee failing to pay to the Lessor the amount of such increase upon
demand as herein provided, then the Lessor shall have the same rights and remedies for
collection thereof as for the rent in arrears.
(ii) THE LESSEE covenants and agrees to and with the Lessor that if there shall be an
increase in municipal taxes payable by the landlord over the amount shown by the
immediately last tax bill issued by the municipality. in which the demised premises are
situate prior to the date of this lease the Lessee will pay any such increase apportioned
over the terns of the within lease and the renewal (if any) hereinbefore provided and that
any such increase in municipal taxes shall be deemed to be part of the rent reserved here-
under and all the remedies available to the Lessor relating to rent both hereunder and at'
law shall apply,mutatis mutandis, thereto.
Heating (b) To heat the said premises between the 15th day of October and the Ist day of May next
ensuing in each year in such manner as to keep the said premises at it reasonable temperature for
the reasonable use thereof by the Lessee during reasonable business hours except during the making
of repairs,and in case the boilers,engines,pipes,or other apparatus or any of them used in effecting
the heating of the said demised premises shall at any time become incapable of heating said
premises as aforesaid, or be damaged or destroyed, to repair said damage or replace said boilers,
engines,pipes or apparatus or any of then or (at the option of the Lessor) substitute other heating
apparatus therefor within a reasonable time,provided, however, that the Lessor shall not be liable
for indirect or consequential damages for personal discomfort or illness arising from any default
of the Lessor;
Access (c.) • To give the Lessee,his agents,clerks,servants and all persons transacting business with the
Lessee, in common with other persons, the right to enter the demised premises by means of the
main entrance on
and free use of the stairway and passages from the street to the said premises at all reasonable
times, subject to rules and regulations in regard to the said building as may be passed from time
to time.
PROVISO for re-entry by the said Lessor on non-payment of rent or non-pe fonnance
of covenants. i
Voidance of IT IS FURTHER DECLARED AND AGREED that in case the said premises,or any
Lease part thereof,become and remain vacant and unoccupied for the]period of fifteen days,or be used by
Vacant or an other person or persons, or for- other purpose than as above provided,without the written
Improper Y I P Y P P P
Use consent of the Lessor, this lease shall, at the option of the Lessor,cease and be void,and the term
hereby created expire and be at an end, anything hereinbefore to the contrary notwithstanding
and the proportionate part of the current rent shall thereupon become immediately due and
payable, and the Lessor may re-enter and take possession of the premises as though the Lessee
or other occupant or occupants of said premises were holding over after the expiration of the term;
or in such case instead of determining this lease as aforesaid and re-entering upon the demised
premises, the Lessor may take possession of the demised premises,or any part or parts thereof,and
let and manage,the same and grant any lease or leases thereof upon such terms•as to the Lessor
or its assigns may appear to be reasonable, and demand, collect, receive and distrain for all rental
Commercial Lease—Page 4. or.a o„�hom umu�a
Coprrirht 1901.Drn k pmhno,M.111.1 Form 666.666
which shall become payable in respect thereof, and apply the said rentals after deducting all
expenses incurred in connection with the demised premises and in the collection of the said rent
including reasonable commission for the collection thereof and the management of the demised
premises, upon the rent hereby reserved, and the Lessor and its assigns and every such agent
acting as aforesaid from time to time,shall in so acting be the agents of the Lessee,who alone shall
be responsible for their acts,and the Lessor and its assigns shall not be accountable for any moneys
except those actually received, notwithstanding any act, neglect, omission or default or any such
agent acting as aforesaid.
Waterand AND IT IS FURTHER DECLARED AND AGREED THAT the Lessor shall not be
Gas Damage liable for any damage to any property at any time upon the demised premises arising from gas,
steam, water, rain or snow, which may leak into, issue or flow from any part of the said building,
or from the gas, water, steam or drainage pipes or plumbing works of the saute or from any other
place or quarter or for any damage caused by or attributable to the condition or arrangement of any
electric or other wires in the said building.
image done by reason of water being left running
The Lessee shall be liable for any d
from the taps in the demised premises or from gas permitted to escape therein.
Rinks of AND the Lessor shall not be responsible for any personal injury which shall be sustained
Inlury by the Lessee or any employee, customer,or other person who may be upon the demised premises
or in the said building or the entrances or appurtenances thereto. All risks of any such injury
being assumed by the Lessee,who shall hold the.Lessor harmless and indemnified therefrom.
Notice of THE Lessee shall give the Lessor prompt written notice of any accident or other defect in
Accident the sprinkler system, water pipes,gas pipes or heating apparatus, telephone, electric or other wires
on any part of the premises.
Insurance THE Lessee covenants with the said Lessor that his said business to be so carried on in the
said building will not be of such a nature as to increase the insurance risk on the said premises or
cause the Lessor to pay an increased rate of insurance premiums on the said premises by reason
thereof and it is distinctly understood that in case said business so carried on by the Lessee is or
becomes of such a nature to increase the insurance risk or causes the Lessor and/or other occupants
of the said building to pay an increased rate of insurance premiums, that the Lessee will from time
to time pay to the Lessor the increased amount of insurance premiums which the said Lessor and
other occupants of the said building have to pay in consequence thereof; provided that the Lessee
covenants that he will not carry on or permit to be carried on any business in the said building which
may make void or voidable any insurance held by the Lessor or the other occupants of the said
building.
Business PROVIDED that the Lessee will not do or permit anything to be done on the said
not to b a prculises or permit or keep anything therein which may be annoying to the Lessor or other
Nuisance e occupants of the said building or which the said Lessor may deem to be a nuisance and that no
machinery shall be used therein which shall cause any undue vibration in or to the said premises
and that in case of the Lessor or any other occupants of the said building reasonably complaining
that any machinery or operation or process is a nuisance to it or them or which causes any undue
vibration or noise in the said premises, that upon receiving notice thereof, the said Lessee will
immediately abate such nuisance. The said Lessee covenants not to obstruct a interfere with the
rights of the Lessor or other occupants of the said building or in any way injure or annoy them
or conflict with any of the rule and regulations of the Board of Health or with any Statute or
municipal by-law.
Sign AND IT IS HEREBY FURTHER AGREED by and between the said Lessor and tike said
Lessee that no sign,advertisement or notice shall be inscribed,painted or affixed by the said Lessee
on any part of the outside or inside of the building whatever,unless of such manner,color,size and
style and it) such places upon or in said building as shall be first designated by the Lessor, and,
furthermore, the Lessee, on ceasing to be Lessee of the demised premises, will, before removing
his goods and fixtures from the said premises, cause any sign as aforesaid to be removed or
obliterated at his own expense and in a workmanlike manner to the satisfaction of the Lesson
Elevator THE Lessor undertakes to maintain elevators in said building which are to be run during
the ordinary business hours of every business day of the year, but not during public holidays or
Sundays, except at the option of the Lessor. The Lessee shall, subject to the Lessor's rules and
regulations,have free use of such elevators in common with others lawfully using the same,but the
Lessee and its employees and all other persons using any such elevator shall do so at its, his, her
or their'sole risk, and under no circumstances shall the Lessor be held responsible for any damage
or injury happening to any person whilst using such elevator, or occasioned to any person
by such elevator or any appurtenances and whether such damage or injury shall happen by reason
of the act, omission or negligence or otherwise of the Lessor, or any of its employees, servants,
agents or otherwise howsoever.
Water THE Lessor agrees to pay for normal water consumed on the said premises but in the
event of any abnormal consumption of water either by reason of the character of the business carried
on by the Lessee or by the use of mechanical or other contrivances the Lessee consents to thel
installation of a water meter at his own expense, if necessary, and further agrees to pay for the
excess water consumed on the said premises.
Plate THE Lessee agrees at his own expense to replace any plate glass or other glass that has
Glass been broken or removed during the term of the within lease or of any renewal thereof and will
during the said term keep the plate glass fully insured in some company approved by the Lessor,
Fin PROVIDED that if during the term herein or any renewal thereof the premises shall be
destroyed or damaged by fire or the elements then the following provisions shall apply:
(a) If the demised premises shall be so badly injured as to be unfit for occupancy, and as to
be incapable of being repaired with reasonable diligence within one hundred and twenty days of the
happening of such injury,then the term hereby granted shall cease and be at an end to all intents
'i
Commercial Lease—Page G, Dye It Durham um{led
Form 660.666
' t•.o lair Ib6L 111*h Uurhs'n Limited
SCHEDULE OF RULES AND REGULATIONS FORMING PART OF THE WITHIN LEASE
1. Tit,- elduw.1". entrcnmee, e"visl—, elatrways and <on9dors of the building shall out be obstructed by nay tenant. or need
by them far any ,her purpose than fur ingrras and egress to and frou their respective offices, and no tenant *hall place, or allow to be
placed In the halfway., crddora or ntalrwaye any waste paper, dust, garbage, refuse or any thing whatever that shall tend to make
them appear unclean, untidy or filthy;
2. Tim floors, sky-Iightn and whldowa that reflect or admit Ilght Into passageways r into any piece In the aid building
nlmfl not be,covered! or obeuueted by any of the tenants, amt no awl age hell be put over any window;the water cicrets and other water
oil errstob.l'uldevehnll Lauthiofwn theruln,ll.J uthyrdame¢ehoAeuitin¢w Mihemytroma mleweurbell beet borne the tenants rubbish, whom itr by
whose,employee the datm,ge was caused. 'm resulting • w a
r 3. All window signs. Interior signs and [fine on Ones doors must be approved in writing by the Lessor before the Lessee engage.
s sign contractor to point s.[d shine, and all such signs shall be painted In the form previously w approved by the Lessor.
4. On the event that fit,.- Lr•.sar pruvldee and Install, a Pubile D:re•etory Oonrd ln.ide the aria entrance to tha bullding, the
ts,oant', or tenants' nnnu• o .!A. 11 be phne,d on tin• said liana[ at the expoune ar such tenant or tenund, same to be eharge,J
to the tenant or tenants Inr the nnonth'. bill for ra•nl next rendered, and shall be recoverable us rent
6, If any shin, a&-deemenl or notice .hull be- Inscribe, painted or affixed by the Lessee on or to any part of the said building
whatever. then the I—sow eMdi be at liberty lo. enter n sold premises And pull down and take away any such sign, advertisement or
notice,and the expense thereof shall be payable by the Lcssee.
6. If by reason of any Iterations which the Lva,ee may make or nmtY permit to be mode, with or without the amxeat
of III, ln•xx W fie y of of ti's druilned Preonixes,r to 'fly nxdu rx he, lh, I,mlsrd P noise.. use nddltlnn nr anY aqulpmenl or foe
lh,*fill say reouterinlr i hItm,gcLiuv0 1`e, t'", ye" or offer peon,permitted by the Lessee to be on the premlses may nee or keep In
lherefll. n o y ype of.re ....y of the demised premises which the Lessen may.tnkeR or permit to the made,
toy inereaen In the lununmre premlurns payable by the Censor n sty fire Insurance which may h u
,Any hereafter place upon the building c f which the dendaed piendw•s form a part, the Lessee agrees to pay to the Lessor, the amount
of such Increase, amt the parties agree that a statement by the insurance broker of the Lessor of the amount of such ineresse shall be
final and binding upon the parties.
7. No naf.•n, r n hbsery, yulpmenL heavy m•clondlse ,r ,ythini, liable to InJure or destroy any part [the buliJing shall
bu taken Into It without isle onsrnt u[the Ia•nsor in writing, and the Lessor shell In all cases retain the power to Iimll the we Ight and
i ndlrete the place where such f. r the like is to stand, and the cast of repairing any and all damage done to the building by taking
In or pulling out such Q rr the like fir during the thne it In in or n the pre,ndees. Shull be paid for an demand by the tenant who no
causes It, No tenant nh.11 land any floor beyond Its reasonable weight carrying capacity as set forth In the municipal or other codes
npOlcabie to the building.
8, re, order that the demlaed premises may be kept in a good state of preeervatlon and cleanliness, the tenant shall during the
continuance of Its lease per'nit the Janitor or caretaker or the Lessor to take churg,of and clean the demised premises.
0. No t nnnt Almll employ any pernan r persona other than the Janitor or caretaker of lice Lessor for the purpose of such
cleaning or of taking charge of said premise.. It being understood and agreed that the Lesnor shell bo In no wine responsible to any tennnl
fur fly lone or property from the drmined premlees,however occurring,or any donnge done to the furniture or other effects of any tenant
by the Janifor or Caretaker or any of ils employees.
10. The Le nor Hholl have the right fn enter the dendaed premises at reawnnble hours In the ley to examine the snots or to make
such rtpntrs and afterestims s Il.hall deem r cie ry for the safety and pre.....ilea of the bullding. and also during the three months
previrme to this expired t of the Ira.0 of Ilo, dendeei Vreudeee, to exhl bit the said premises to be Id and put upon them Its usual notice
"For Rent",which sold notice dull not be removed by any foment.
11. -nth In¢ hall be thrown by the tenures, their clerk. or servant., out of the window. or doors or down the passages and
sky-IlAhle of the building.
12, No animals shall be kept In or about the premises.
13. If the Lessee dealres telegraph or telephone, call bell or other private signal connections, the Lessor reserves the right to
direct the tetrlclans or other workmen a. to where and how the wires re to be Introduced,*ad without such directions no boring or
cutting for wires shall laic.piece. No other wires of any kind shall be Introduced without the written consent of the Lessor.
14. No one shall use if.. leaned premises for deepen¢ apartment.or residential purposes.
16. Tenant. and their employee, shall not make or commit any Improper noise In the building, or In any way Interfere with or
annoy other tenants or those having business with them.
1(L Ali tenon{{. mist observe strict r not to allow their windows to remain open en as to admit rain or mow, or w as to
Interfere with the hdaling f the building.care tem,nts neglecting this ode will be responsible fur any Injury caused to the property f
other tenanla m• to the a ty of the Lessor by such carelessness, The Lessee, when cloning emcee for bueineu, day or evening, shall
close all windows and loe�it I dwra.
17. The Lessee egreea not to place c fly additional Iocks upon any door,of the demised premises and not to permit any duplicate
key.to be mode therefor; but to use only additional key.obtre'set, true. the Lessor, at the expense of the Lessee, and to surrender to
L etuar on the termination of lho lease all keys of the said premises.
18. The Leasee .)tall give to the Us,or prompt written notice of nay accident or any defect in the water pipes,gas pipe.,heating
apparatus, telephone or electric light, or other Wires in any part of told building,
Let. No.influrotnoble oils or other Inflammable, dangerous or explosive materials shall be kept or permitted to be kept In the
demised premleee,
20. The caretaker will have.charge of all radiators and will give all Information for the management of the *nine, and the '
Lesaee shall give to the Lessor prompt written notice of any accident to or detects the water pipes or heating apparatus,
21, No bicycles or other vehicles shall be brought within the building or upon the Lennor'* property, including any lane or
courtyard.
22. Nothing abnll be placed on the outside of windows or proJectdons of the demised premise.. No alr-condltlonlnv equipment shall
Ire placed at the window. of the demdnel premises without the consent In writing of the Leaner.
23. Spikes, hooka,nails,,crews or knobs shall not be put Into the wall.or woodwork.
24. No freight, furniture or packages will be receled in the building or carried up or down In the elevator between the hour.of
8 n,nn,and 6 p.m.
26. All Islas,, lucks and trimmings In r upon the doors r windows of the demlaed premises shall be kept whole and whenever any
part thereof .hall become broken, the nine shall be immediately repined or repaired under the direction and to the satisfaction of the
Lcasot and such replacements and repairs shall be paid for by the Lessee.
26. No heavy equipment f any kind shall be moved within the building without skids being placed under the same,and without
the ronnant or l),a L,naor in writing.
27. Any afterat{unx, nddluons, renewal, or o
chnnges inside in the partitions or divisions of the room,or linoleum floors during the
of thin lens, hrt11, if roade at the .quest of the Leanne, be done by the Lessor at the expense of the Lessee,and shall be subJect
to the approval in writing and direction of the Leaner.
28. The Lessor.hull out be liable for any damage to any property At any time on th,demlaed premises, nor for the theft of any
of the mid property, nor hull It be liable for an escape or leakage of smoke, gas, water, rain or snow, howsoever caused, nor for any
nceI(crit Aid tha properly of the Lessee.
20. Any person entering upon the roof of the building does eo at his own risk.
30. The.Lea shall not enter into any contract with any person or peramne or conrtrnliona for the purpose of supplying towel.,
n
or xt nitnry.applies, ate., Ie,a spring water unless lhr said person or persons or rporations agree that the time end pI.e. of
delivery of such aruclva t nd the rievalor service to le used In connection therewith shall he nubiect to eueh rules end reaulations as
the Lceear mny from time nto time prescribe,
81. Tenant., their agents and empinyeee droll not take Good into the elevator or Into public or rented portions of the building
unless such food Is carried In covered receptacles approved by the lessor In willing. J
82, The Lessor rcacrves the right to restrict the use of the demised premises to rise Lessee and/or its employees after 6 p.m.
33. No tenant .hall make n door-to-door canvass of the building for the purpose of selling any products or services to the other
tenant.without the written c...cut of the Leaver.
34. No tenant shall be permitted to do cookie,¢or to operate cooking apparatus except In a portion of the building rented for the
purpose.
36. The tensor eball have the right la make such other and further reneonable, rules and regulation. and to niter, .mend or
col ell rules tout regulator,as In Ile,Judgunrnt mny fran time to tire,.Ire
needed for the safety,care and cleanliness of the building and
fur the preecrvnllon of fined order therein and the same.hall be kept d ob�,rvrd by the tennnl*, their clerks and aervnnt,. The Laasor
may from time to time wnlve any of such ruses and regulations u applied to particular tenants and is not liable to the Levee for breaches
thereof by other tenants.
A',t.. I I !'j,•Vii.
r'1
Commercial Lease—Page G, or.a o na,666
c,�anr�i�i turn,nre&v��.i�.�o ta.diea
corm eso-ern /1
and purposes from the date of such damage or destruction,and the Lessee shall immediately surrender
the saute, and yield up possession of the demised premises to the Lessor,and the rent from the time
of such surrender shall be apportioned;
(b) If the demised premises shall be capable, with reasonable diligence,of being repdred and
rendered fit for occupancy within one hundred and twenty days from the happening of such
injury as aforesaid, but if the damage is such as to render the demised premises wholly unfit for
occupancy, then the rent hereby reserved shall not run or accrue after such injury, or while the
process of repair is going on, and the Lessor shall repai{ the same with a reasonable speed, and
the rent shall recommence immediately after such repairs shall be completed.
(c) If the demised premises shall be repaired within one hundred and twenty clays as aforesaid,
and if the damage is such that the said premises are capable of being partially used,then until such
damage shall have been repaired, the rent shall abate in the proportion that the part of the demised
premises rendered unfit for occupancy bears to the whole of the demised premises.
No Abatement THERE shall be no abatement from or reduction of the rent due hereunder,nor shall the
of Rent Lessee be entitled to damages, losses, costs or disbursements from the Lessor during the tern hereby
created on, caused by or on account of fire, (except as above), water, sprinkler systems, partial or
temporary failure or stoppage of heat, light, elevator, live steam or plumbing service in or to the
said premises or building, whether due to acts of God,strikes,accidents, the making of alterations,
repairs,renewals,improvements,structural changes to the said premises or buildings or the equipment
or systems supplying the said services,or from any cause whatsoever;provided that the said failure
or stoppage be remedied within a reasonable time.
Right to THAT the Lessee will permit the Lessor to exhibit the demised premises during the last
Show three months of the tern to any prospective tenant and will permit all persons having written
Premioos authority therefor to view the said premises at all reasonable hours.
Notices THAT any notice which either of the parties is required or permitted to give pursuant
to any provision of this lease may, if intended for the Lessee, be given by a writing left at the
demised premises or mailed by registered mail,addressed to the Lessee at the demised premises,
and if intended for the Lessor by a writing left at the premises of the Lessor at
or mailed by registered mail addressed to the Lessor at the Lessor's said premises, and such notice
shall be deemed to have been given at the time it was delivered or mailed, as the case may be.
Over PROVIDED further and it is hereby agreed that should the Lessee hold over after the
Holding expiration of this lease and the Lessors thereafter accept rent for the said premises, the Lessee shall
hold the said premises as a monthly tenant only of the Lessors but subject in all other respects
to the terms and conditions of this lease.
The words importing the singular number only shall include the plural,and vice versa,and
words importing the masculine gender shall include the feminine gender, and words importing
persons shall include firms and corporations and vice versa.
Unless the context otherwise required, the word "Lessor" and the word "Lessee"
wherever used herein shall be construed to include and shall mean the executors, administrators,
-successors and/or assigns of the said Lessor•and Lessee,respectively,and when there are two or more
Lessees bound by the same covenants herein contained, their obligations shall be joint and several,
1
I
Jn nitneg!5 hereof the parties hereto have executed these presents.
SIGNED, SEALED and DELIVERED
In the presence of
Harry oc e
THE CORPORATION OF THE TOWN OF NEWCASTLE
Per:
aay r
Per:
er
• o
_) 3
or of the of
in the
To Wit:
make oath and say:
1. THAT I was personally present and did see the within or annexed Instrument and a
Duplicate thereof duly signed,sealed and executed by
the part thereto.
2. That the said Instrument and Duplicate were executed by the said part
at the of
3. That I know the said part
4. That I am a subscribing witness to the said Instrument and Duplicate.
SWORN before me at the
of
in the
of
this day of 19
A Commissioner, etc.
AFFIDAVIT AS TO LEGAI,AGE AND MARITAL STATUS
PROVINCEOF ONTARIO I I/WE ....................................................-...................................................._...._............._............................_.........
.....
COUNTYOF \ of the....................................................................................of..........................._....................................................
...
Slrlkeout To Wit: in the County of.....................................................................................................................................................
words and
verb not in the within instrument named,make oath and say that at the time of the execution of the within
applicable i
and initial. Instrument,
1. I was of the full age of twenty-one years;
Ii Allorney
lee(oolnofe.
2. And that
who also executed the within instrument of the full age of twenty-one years
R. I was legally married to the person named therein as my wife/husband;
4. I was unmarried/divorced/widower.
SWORN before me at the_ ......................... .............................
of......................._...................................
...............................................................................
inthe ..._ ..........................
..........................._.
this .._...._.........................°-.._... day of.......................................................
A.D. Ifl....._ ._..
A Commissioner for taking Affidavits, etc.
NOTE: If Attorney,substitute in space provided"I am Attorney for..........................(State name)'.........................,
one of the parties named therein and ire/she was of the full age of twenty-one years."
'Y'
SCHEDULE "A"
During the first year of term hereof, namely from July 1st, 1987 to
June 30th, 1988, the Lessee shall pay to the Lessor an annual rental
of fifteen thousand dollars ($15,000.00) , payable in equal monthly
installments of one thousand, two hundred and fifty dollars ($1,250.00) ,
due on the first day of each and every month from and including June
31st, 1988.
During the second year of term hereof, namely from July 1st, 1988 to
June 30th, 1989, the Lessee shall pay to the Lessor an annual rental
of fifteen thousand seven hundred and fifty dollars ($15,750.00) ,
payable in equal monthly installments of one thousand, three hundred
and twelve dollars and fifty cents ($1,312.50) , due on the first day
of each and every month from and including June 31st, 1989.
During the third year of term hereof, namely from July lst, 1989 to
June 30th, 1990, the Lessee shall pay to the Lessor an annual rental
of sixteen thousand five hundred and thirty-seven dollars and
fifty-six cents ($16,537.56), payable in equal monthly installments
of one thousand, three hundred and seventy-eight dollars and thirteen
cents ($1,378.13), due on the first day of each and every month from
and including June 31st, 1990.
During the fourth year of term hereof, namely from July 1st, 1990 to
,June 30th, 1991, the Lessee shall pay to the Lessor an annual rental
of seventeen thousand three hundred and sixty-four dollars and
thirty-six cents ($17,364.36), payable in equal monthly installments
of one thousand, four hundred and fourty-seven dollars and three
cents ($1,447.03), due on the first day of each and every month from
and including June 31st, 1991.
During the fifth year of term hereof, namely from July lst, 1991 to
June 30th, 1992, the Lessee shall pay to the Lessor an annual rental
of eighteen thousand two hundred and thirty-two dollars and fifty-six
cents ($18,232.56) , payable in equal monthly installments of one
thousand, five hundred and nineteen dollars and thirty-eight cents
($1,519.38), due on the first day of each and every month from and
including June 31st, 1992.
Not withstanding anything otherwise contained herein, the following
additional clause shall form part of this lease:
1. Provided when not in default herein the- Lessee shall have the
provision of renewing this lease at the termination hereof,
provided the Lessee shall give to the Lessor two (2) months clear
notice in writing of its intention to renew and in such event
the amount for rental shall be negotiated.
SCHEDULE "B"
�V1. 3
28 King St. W.
Bowmanville
Jan. 15-87
Proposal as per request.
For an addition to be built onto the parks and
Cemetery works building that the Town- of Newcastle
is presently renting from me on a two year lease
basis.
The proposed addition size will be 30 ft. by 66 ft.
this structure will be attached to the present
cement block building and will be metal clad.
The building will have large sliding doors at
both ends to accomodate equipment entry and exit.
The new section will be equipped with hydro.
Leaser
A 5 year lease would be required to gaurantee a
partial recapture of the cost of this addition.
The present rent is $800.00 per month and the lease
i
expires on June 30 -87
With the proposed addition the cost would be
$1250. 00 per month and will require a 5% annual
increase.
Trusting this meets with your approval.
If there is any further clarification needed
please feel free to contact me.
Yours r 1y
H ' ry Locke