HomeMy WebLinkAboutCOD-045-06
Cloc-i!Jgron
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
September 5, 2006
Report #: COD-045-06
File#_
By-law # .;/CD{, - , 75'
(jPA - S;;2I-{- Ore,
Subject:
Ontario Realty Corporation Lease Agreement
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-045-06 be received;
2. THAT the Lease agreement (Schedule "A") with the Ontario Realty Corporation in the
amount of $10,500.00 per annum for a two (2) year term be approved; and
3. THAT the attached Sy-Iaw marked Schedule "S" be approved authorizing the Mayor and
the Clerk to execute the necessary agreement.
S'bmUred"~ -
arie Marano, H.S.Sc., C.M.O.
Director of Corporate Services
Reviewed by:d ~-..-L-iZ~~~
Franklin Wu,
Chief Administrative Officer
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169
REPORT NO.: COO-045-oa
PAGE 2
BACKGROUND AND COMMENT
The Municipality has an existing month to month agreement with the Ontario Realty Corporation
for the use of the court room located at 132 Church Street, Bowmanville.
Due to the limited use of the space, (approximately 60 days per year), staff proposed to the
tenant that they consider the use of Courtroom #2. The tenant has advised that they are not in a
position to consider any less space than is currently provided in Courtroom #1.
The proposed lease is effective June 1, 2006, and will expire May 31, 2008 and is based on a
per diem basis. No option to extend has been provided and either party may cancei upon ninety
(90) days prior written notice.
The amount proposed for the tenant reflects an approximate 16.5% increase over the previous
year's rate.
Attachments:
Attachment 1 - Schedule "A", Lease Agreement
Attachment 1 - Schedule "B", By-law
SCHEDULE "A"
LOI739
LICENSE EXTENSION AND AMENDING AGREEMENT
THIS AGREEMENT made in quadruplicate as of the 28'" day of July, 2006.
BETWEEN:
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
herein called the "Licensor"
OF THE FIRST PART
AND:
ONTARIO REALTY CORPORATION,ACTING AS AGENT
ON BEHALF OF HER MAJESTY THE QUEEN IN RIGHT
OF ONTARIO AS REPRESENTED BY TIlE MINISTER OF
PUBLIC INFRASTRUCTURE RENEWAL
herein called the "Licensee"
OF THE SECOND PART
WHEREAS by a Per Diem License Agreement dated June 1,2005, (the "Original License"), the
Licensor did License unto Her Majesty the Queen In Right of Ontario As Represented by the Chair
of the Management Board of Cabinet (the "Chair") (the "License") for a term of One (1) year
conunencing on June I, 2005 and ending on May 31, 2006 (the "Term"), the premises more
particularly described as court room space on the second floor comprising approximately Four
Thousand One Hundred and Twenty-Seven (4,127) square feet (the "Licensed Area"), in the
building municipally known as 132 Church Street (the "Building"), in the Town ofBowmanville, in
the Province of Ontario (the "Lands"), as more particularly identified in Schedule "A" attached
hereto;
AND WHEREAS by Order in Council No. 134512005 dated August 18, 2005, all of the powers
and duties of the Chair relating to real property leased by the Government of Ontario pursuant to
the Ministry ofGovernmenr Services Act. R.S.O. 1990, c.M.25, as amended, were transferred and
assigned to the Minister of Public Infrastructure Renewal;
AND WHEREAS the Original License and this License Extension and Amending Agreement (the
"Agreement") are hereinafler collectively referred to as the "License", except as specifically set out
herein;
AND WHEREAS the parties have agreed to extend and amend the License on the following terms
and conditions:
NOW THEREFORE TillS AGREEMENT WITNESSES TIIAT in consideration of the sum of
Two Dollars ($2.00) and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto agree as follows:
I. The parties hereto confirm that the foregoing recitals are Ime in substance and in fact.
2. The Term of the License is hereby extended for a further term of Two (2) years
SCHEDULE "A"
commencing on June 1,2006 and ending on May 31, 2008 (the "First Extension Term"),at
an annual license fee ofTen Thousand, Five Hundred Dollars ($10,500.00) (the "License
Fee"), payable in advance in equal monthly installments of Eight Hundted and Seventy-
Five Dollars ($875.00) on the first day of each month during the Term, based upon use of
the Licensed Area for Sixty (60) days per year at a rate of One Hundred and Seventy-Five
Dollars ($175.00) per day.
3. The Licensee shall continue during the First Extension Term to have the right to cancel this
Agreement or alter the number of days per annum for which use of the Licensed Area is
designated hereunder at any time during the Term, by giving the Licensor Ninety (90) days'
prior written notice of cancellation or change, as the case may be.
4. The extension contemplated pursuant to this Agreement is subject to all the covenants and
agreements contained in the License, as amended, renewed and extended from time to time,
save and except Section 5.14 of the Per Diem License Agreement is hereby amended to
reflect that "Environmental Contaminant" means (a) any substance which, when it exists in
the Building or the water supplied to or in the Building, or when it is released into the
Building or any part thereof, or into the water or the natural environment, is likely to cause,
at any time, material harm or degradation to the Building or any part thereof, or to the
natural environmental or material risk to human health, and includes, without limitation.
any flammables, explosives, radioactive materials, asbestos, lead paint, PCBs, fungal
contaminants (including, without limitation. and by way of example, stachybotrys
chartarum and other moulds), mercury and its compounds, dioxans and furans, cWordane
(001), polycWurinated biphenyls, cWorofluorocarbons (CFCs), hydro-cWorofluorocarbons
(HCFCs), volatile organic compounds (VOCs), ureaforntaldehyde foam insulation, radon
gas, chenticals known to cause cancer or reproductive toxicity, pollutants, contantinants,
hazardous wastes, toxic or noxious . substances or related materials, petrolewn and
petroleum products, or (b) any substsnce declared to be hazardous or toxic under any
Environmental Laws now or hereafter enacted or promulgated by any Authorities, or (c)
both (a) and (b).
5. The Licensor and the Licensee hereby mutoally covenant and agree that during the First
Extension Term they shall each perform and observe all of the covenants, provisos and
obligations on their respective parts to be performed pursuant to the terms of the License, as
extended and amended hereby.
6. This Agreement shall not be binding upon the Licensee until it bas been executed by or on
behalf of the Licensee.
7. Except as otherwise specifically provided in this Agreement, all words and expressions
used in the License shall apply to and be read as applicable to the provisions of this
Agreement.
8. The provisions of this Agreement shall be interpreted and governed by the laws of the
Province of Ontsrio.
9. The Licensor acknowledges, agrees and consents to the release by the Licensee of this
Agreement and any information contained herein.
10. This Agreement shall be binding upon and enure to the benefit of the administrators,
successors andlor assigns of the respective parties hereto.
II. The Licensor and any of its successors, permitted assigns, directors, officers, employees,
agents, servants, and representatives shall not engage in any activity where such activity
creates a conflict of interest, actual or potential, in the sole opinion of the Licensee, with the
License or the exercise of any of the rights or obligations of the Licensor hereunder. The
Licensor shall disclose to the Licensee in writing and without delay any actoal or potential
situation that may be reasonably interpreted as either a conflict of interest or a potential
conflict of interest
2
SCHEDULE "A"
IN WITNESS WHEREOF the parties hereto have executed this Agreement.
CORPORATION OF THE MUNICIPALITY
OF CLARINGTON
Per:
Name:
Title:
Authorized Signing Officer
Per:
Name:
Title:
Authorized Signing Officer
ONTARIO REALTY CORPORATION, ACTING AS
AGENT ON BEHALF OF HER MAJESTY THE QUEEN IN
RIGHT OF ONTARIO AS REPRESENTED BY THE
MINISTER OF
PUBLIC INFRASTRUCTURE RENEWAL
Per:
Don Patterson
Vice-President, Leasing and Lease Administration
Authorized Signing Officer
SCHEDULE "An
~Iion ofLicenoed Area
132 Church Street, BowmanviUe
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Schedule "B"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-lAW 2006-
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and Ontario
Realty Corporation, to enter into agreement for the lease
space at 132 Church Street, Bowmanville, ON.
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, a
contract between, Ontario Realty Corporation, Ontario, and said Corporation; and
2. THAT the contract attached hereto as Schedule "A" form part of this By-law.
By-law read a first and second time this day of
,2006.
By-law read a third time and finally passed this
day of
,2006.
John Mutton, Mayor
Patti l. Barrie, Municipal Clerk