HomeMy WebLinkAboutCD-34-88 TOWN OF NEWCASTLE
t REPORT File # 16.19. 114.
Res. #
�. By-Law #� /1 � 'a
MEETING: GENERAL PURPOSE & ADMINISTRATION COMMITTEE
DATE: JULY 4, 1988
REPORT #: CD-34-88 FILE #:
SUB,ECT:
APPLICATION BY MR. BERNARD WESSELING TO LEASE
VACANT TOWN-OWNED LANDS AT 59 WEST BEACH ROAD,
BOWMANVILLE.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose & Administration Committee
recommend to Council the following:
1. That Report CD-34-88 be received; and
2. That the request to lease the Town-owned vacant land at 59 West Beach Road by
Mr. Bernard Wesseling be approved; and
3. That the lease be for a period of two years and renewable on an annual basis
thereafter; and
4. That the rent for the subject lands be established at $200.00 per year; and
5. That a by-law authorizing execution of the lease be recommended to Council for
passage; and
6. That Mr. Bernard Wesseling be advised of the actions approved.
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Report CD-34-88 - 2 - July 4, 1988
Mr. Bernard Wesseling is the owner of the property located at 60 West Beach Road.
The Town-owned vacant parcel at 59 West Beach Road abutts Mr. Wesseling's property.
The applicant has requested that the Town lease the property to him for a period
of five years with an option to lease for a further five years at an annual rental
charge of $2.00 per year plus property taxes. (The Treasurer advised that this
offer is approximately equal to $200.00 per year) Mr. Wesseling has agreed to the
$200.00 annual fee.
The subject vacant parcel is not required for municipal purposes and it is
therefore, recommended that the land be leased firstly for a period of two years
and then from year-to-year thereafter. A lease has been drafted based upon these
terms.
Mr. Wesseling has agreed to clean up the lot and use it as a greenbelt/garden area.
No permanent structures will be permitted to be erected on the parcel. These and
other conditions clearly enunciated in the lease, include:
1. Term of lease;
2. Annual Rent;
3. Liability Insurance;
4. Erection of permanent structures;
5. Maintenance of property;
6. Responsibility for improvements;
7. Town's liability for improvements made by tenant.
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Report CD-34-88 - 3 - July 4, 1988
The request to lease is reasonable and in view of the Town's position regarding
West Beach lands it is recommended that the General Purpose & Administration
Committee approve the request and forward the by-law authorizing the execution of
the lease agreement to Council for passage.
Respectfully submitted Recommended for Presentation
David W. Oakes, B.A.,A.M.C.T.,C.M.O. -- wrenc F.� Kotseff, M.C.I.P. ,
Town Clerk Chief �dm n�strative Officer
DWO/ms
Attachments: 1. Draft Lease
2. Draft By-law
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 88-
being a by-law to authorize execution of a lease
agreement with Bernard Wesseling respecting lands
I located at 59 West Beach Road, Bowmanville
NOW THEREFORE THE COUNCIL OF THE TOWN OF NEWCASTLE HEREBY ENACTS
AS FOLLOWS:
1. 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 Mr. Bernard Wesseling and the said
Corporation, dated the day of 1988, in the form
attached as Schedule "A."
2. THAT Schedule "A" attached hereto forms part of this by-law.
By-law read a first and second time this
By-law read a third time and finally passed this ?
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Mayor
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Clerk
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THIS INDEN`T'URE MADE THE DAY OF 1988.
BETWEEN: THE CORPORATION OF THE TOWN OF NEWCASTLE
(Hereinafter called the "LANDLORD")
- AND -
BERNARD WESSELING
(Hereinafter called the "TENANT")
WITNESSETH that in consideration of the rents and covanents set forth
the Landlord hereby leases to the Tenant the lands and premises known
municipally as Number 59 West Beach Road, Bowmanville and described as
being Part of Lot 10, B.F.C., former Town of Bowmanville, now in the
Town of Newcastle.
To hold the lands for a term of two (2) years from the date hereof.
The Tenant paying therefor yearly in advance during the term hereby
granted the sum of Two Hundred ($200.00) Dollars of lawful money of
Canada, the first such payment to be due and payable upon execution of
the agreement, and on the anniversary of the agreement thereafter.
Upon the expiration of the term of the original lease agreement, the
agreement may be renewed on a year-to-year basis.
1. The Tenant covenants with the Landlord as follows:
(a) to pay rent;
(b) to provide public liability and property damage insurance
in an amount not less than $1,000,000.00 for each
occurance during the currency of the lease;
(c) to maintain the lands in good order;
(d) to refrain from erecting any permanent structures of
whatever kind upon the leased land;
(e) to maintain and keep the property in a clean and tidy
condition and not permit objectionable material of any
kind to be accummulated thereon.
2. The Landlord covenants with the Tenant as follows:
(a) for quiet enjoyment;
(b) to permit the Tenant to make such improvements to the land
that he deems appropriate at his cost, save and except
that such improvements may not be set off against the
rents or become a liability upon the title to the lands.
3. (a) The parties may terminate this lease by giving notice in
writing and the effective dates of such termination shall
be six months after such notice is received.
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3. (b) For the purposes of this lease, notice of termination
shall be in writing and shall in the case of the Tenant,
be delivered by the Tenant to the Clerk of the Town of
Newcastle, 40 Temperance Street, Bowmanville, Ontario,
UC 3A6, and in the case of the Landlord, be delivered
by the Landlord to the Tenant, Mr. Bernard Wesseling,
C/o Bernhaven, R.R. #2, Bowmanville, Ontario,
L1C 3A6.
Executed at the Town of Newcastle this day of 1988.
I f`
TENANT
CORPORATION OF THE TOWN OF NEWCASTLE
MAYOR
CLERK
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