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HomeMy WebLinkAboutTR-60-87 TOWN OF NEWCASTLE (� REPORT File # f ! Res. By-Law # MEETING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: September 8, 1987 REPORT #: TR-60-87 FILE #: SMECT: LEASE AGREEMENT 247 KING STREET EAST NEWCASTLE, ONTARIO 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 necessary By-Law be passed, authorizing the Mayor and the Clerk to sign a rental agreement with Claude Miller; and 3. That Claude Miller be advised of Council's actions. BACKGROUND AND COMMENT: Claude Miller currently lease the apartment at 247 King Street East, Newcastle (above Fire Hall) , at a monthly rate of $364.00. Staff have reviewed the cost of operating the building, relative to rental fees received. A five percent (50) increase in the monthly rental from $364.00 to $382.20 was suggested in a letter dated May 13, 1987, to Mr, and Mrs. C. Miller, I see Schedule "A" attached. As in prior years, a one (1) year lease is proposed. Staff have been advised that the proposed rental rate of $382.20 per month is acceptable. i 3 . (j ) Page - 2 - TR-60-87 LEASE AGREEMENT 247 KING STREET EAST NEWCASTLE, ONTARIO The current lease expired September 1, 1987, and staff respectfully recommends that the proposed rental agreement be accepted, effective September 1, 1987. A copy of the proposed lease is attached, marked Schedule "B". Respectfully submitted, Recommended for presentation to the Committee, l J.R. Blanchard, Lawrence E. Kotseff, Treasurer. Chief Administrative Officer. V. Aldridg Fire Chief. LAB/hjm Attachments Schedule "A" ( CORPORATION OF THE TOWN OF NEWCASTLE 40 TEMPERANCE STREET BOWMANVILLE, ONTARIO LiC3A6 TELEPHONE 623-3379 May 13, 1987. Mr. and Mrs. C. Miller, 247 King Street East, Newcastle, Ontario. LOA IHO Dear Mr. and Mrs. Miller: Subject: Lease Agreement 247 King St. East, Newcastle, Ontario With respect to the above mentioned lease agreement, please be advised that as per the terms and conditions of this agreement, the lessee must be advised of any inflationary increase in rent for the subsequent year by June lst of each year. With the concurrence of yourselves, I will put this matter forward to Council with a rental increase of S$. This will raise the monthly rate from $364.00 to $382.241. This increase would be effective September 1, 1987. If you have any questions with respect to this lease, please give me a call. Your earliest written acceptance of this proposal would be appreciated. Yours truly, Lou Ann Birkett, Purchasing and Supply Agent. LAB/hjm cc/ Mr. J. Blanchard, Treasurer Mr. J. Aldridge, Fire Chief SCHEDULE "B" THIS INDENTURE made in triplicate the first day of September 1987. IN PURSUANT OF THE SHORT FORMS OF LEASES ACT BETWEEN: THE CORPORATION OF THE TOWN OF NEWASTLE herein called the LESSOR of the FIRST PART - and - CLAUDE MILLER, herein 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, the apartment above Fire Hall #2, 247 King Street East, former Village of Newcastle, now in the Town of Newcastle, from month to month. The Lessee covenants with the Lessor to pay $382.20 rent, monthly and every month unto the Lessor commencing on September 1st, 1987 and will not assign or sub-let without leave, which leave shall not be reasonable withheld. The Lessor will review the rental rate annually and will provide written notice to the Lessee of any inflationary increase in rent for the subsequent year by June 1st of each year, to be effective September 1st of each year. i The Lessee covenants that he 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. The Lessee covenants that he 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. Page - 2 - 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 condition, and the said Lessor may enter and view the state of repair. 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. AND that he will leave the premises in good repair, reasonable wear and tear and damage by fire, lightening and tempest only excepted. PROVIDED that notwithstanding anything herein contained the Lessor's right of re-entry hereunder for non-payment of rent or non-performance of covenants shall be become exercisable immediately upon default being made. 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 is reasonably required, to heat the premises so as to keep such premises at a reasonable temperature; (b) to provide water and sewer services; (c) to keep and maintain the premises in good order and condition and to make promptly all needed repairs thereto; and (d) to provide during the term of this lease one (1) parking space for the exclusive use of the Lessee, this space to be assigned by the Area Fire Chief. IN WITNESS WHEREOF the parties hereto have hereunder set their hands and seals: THE CORPORATION OF THE TOWN OF NEWCASTLE c Mayor Clerk ! Claude Miller THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 87- Being a By-Law to authorize the execution of an offer to Lease Agreement with Claude Miller in respect of a lease for premises situate at 247 King Street Fast, Newcastle, Ontario THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY ENACTS AS FOLLOWS: 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, an Offer to Lease Agreement between Claude Miller and said Corporation, which is attached hereto and marked Schedule "X". By-Law read a first and second time this day of September 1987. By-Law read a third time and finally passed this day of September 1987. Mayor Clerk i i