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HomeMy WebLinkAboutOPD-005-06 REPORT II 5 Cl~-!!JgtDn REPORT OPERATIONS DEPARTMENT Meeting: COUNCIL Date: APRIL 18, 2006 Report #: OPD-005-06 File #: By-Law #: ~ooG, - o8~ Subject: LEASE ARRANGEMENT WITH DARUL ULOOM Recommendations: It is respectfully recommended that Council recommend the following: 1 . THAT Report OPD-005-06 be received; and 2. THAT a lease agreement between the Municipality of Clarington and Darul Uloom be approved, as set out in Schedule "A", Attachment #1; and 3. THAT the attached By-Law marked as Attachment Two, be approved authorizing the Mayor and Clerk to execute the necessary agreement. Fr B. Dir ......'.. " , \ ~---t. ~ Reviewed by: J ':-'L^-)k Franklin Wu, Chief Administrative Officer Submitted by: FH\KR\km REPORT NO. OPO-04-06 PAGE 2 BACKGROUND AND COMMENT: 2.0 Background 2.1 The Municipality of Clarington has approached Oarul Uloom (the former Great Lakes College) about the possible use of their sports fields for community use including the fields at the north and south sides of the campus. 2.2 The fields on the north side, one baseball diamond and one soccer pitch are in need of repair but would be suitable for practice. 2.3 The main soccer / football field and two mini soccer fields in the south end are in reasonable shape. The Municipality of Clarington did schedule them during the 2002 season. 3.0 Terms and Conditions 3.1 As part of the Terms and Conditions, the Municipality of Clarington would be responsible for the grass maintenance of the designated areas, including garbage pickup. 3.2 The Municipality of Clarington will make any improvements to the sports fields consistent with the provision of safe playing surface for recreational purposes. 3.3 The Municipality of Clarington will control all bookings for the use of the sports fields from Monday to Friday 5:30 pm to 9:00pm. 4.0 Oarul Uloom 4.1 Representatives of Oarul Uloom have reviewed the proposed lease agreement and are satisfied with the terms and conditions. They look forward in partnering with the Municipality of Clarington. Attachments: Attachment #1 Attachment #2 Schedule "A"; Agreement By-Law CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905) 263-2292 F (905) 263-4433 Attachment # 1 OPD-005-06 Schedule "A" BETWEEN THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (Hereafter called the Tenant) and DARULULOOM (Hereafter called the Landlord) To hold the lands and premises known as the Darnl Uloom, 2020 Lambs Road, Bowmanville, Ontario LlC lK5, from the date hereof. The tenant to pay $2.00 per annum of lawful money of Canada, to be due and payable upon execution of the agreement and on the anniversary of the agreement thereafter. 1. The Tenant covenants with the Landlord as follows: a) To pay rent. b) To provide public liability and property damage insurance in the amount acceptable to the Director of Finance. c) To maintain the lands in good order. d) To refrain from erecting any permanent structure of whatever kind upon the leased land. e) To maintain and keep the property in a clean and tidy condition and not permit objectionable materials of any kind to be accumulated 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 they deem appropriate at their cost and such improvements will become a liability upon the title of the lands. c) The parties may terminate this lease by giving notice in writing and the effective date of such termination shall be six months after such notice is received. 3. This agreement will stay in effect unless either party has expressed an interest to terminate this agreement by January 31 in any subsequent year. 4. For the purposes of this lease notice of termination shall be in writing and Attachment # 1 OPD-005-06 Schedule "A" BETWEEN THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (Hereafter called the Tenant) and DARULULOOM (Hereafter called the Landlord) To hold the lands and premises known as the Darnl Uloom, 2020 Lambs Road, Bowmanville, Ontario LlC lK5, from the date hereof. The tenant to pay $2.00 per annum of lawful money of Canada, to be due and payable upon execution of the agreement and on the anniversary of the agreement thereafter. 1. The Tenant covenants with the Landlord as follows: a) To pay rent. b) To provide public liability and property damage insurance in the amount acceptable to the Director of Finance. c) To maintain the lands in good order. d) To refrain from erecting any permanent structure of whatever kind upon the leased land. e) To maintain and keep the property in a clean and tidy condition and not permit objectionable materials of any kind to be accumulated 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 they deem appropriate at their cost and such improvements will become a liability upon the title of the lands. c) The parties may terminate this lease by giving notice in writing and the effective date of such termination shall be six months after such notice is received. 3. This agreement will stay in effect unless either party has expressed an interest to terminate this agreement by January 31 in any subsequent year. 4. For the purposes of this lease notice of termination shall be in writing and shall in the case of the Landlord, be delivered to the Clerk of the Municipality ofClarington, 40 Temperance Street, Bowmanville, Ontario Ll C 3A6. 5. The Tenant will not be held responsible for any levies, taxes etc. for the use of lands as described. Attachment #2 OPD-005-06 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-lAW 2006 - Being a By-law to authorize the execution by the Mayor and Clerk of an Agreement between the Municipality of Clarington and Oarul Uloom for the use of their sports fields. THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON HEREBY ENACTS AS FOllOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, an agreement with Oarul Uloom to implement the recommendations contained in Report OPO-005-06. 2. THAT the agreement attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this 18th day of April, 2006. By-law read a third time and finally passed this 18th day of April, 2006. John Mutton, Mayor Patti L. Barrie, Municipal Clerk