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HomeMy WebLinkAbout2006-175 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2006-175 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, 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 11 th day of September, 2006. By-law read a third time and finally passed this 11th day of September, 2006. L01739 LICENSE EXTENSION AND AMENDING AGREEMENT THIS AGREEMENT made in quadruplicate as of the 28th day of July, 2006. BETWEEN: CORPORATION OF THE MUNICIPALITY OF CLARlNGTON 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 THE 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 Maj esty 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 commencing on June 1, 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. 1345/2005 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 of Government 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 hereinafter 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 THIS AGREEMENT WITNESSES THAT 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: 1. The parties hereto confirm that the foregoing recitals are true in substance and in fact. 2. The Term of the License is hereby extended for a further term of Two (2) years 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 Hundred 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, chlordane (DDT), polychlorinated biphenyls, chlorofluorocarbons (CFCs), hydro-chlorofluorocarbons (HCFCs), volatile organic compounds (VOCs), urea formaldehyde foam insulation, radon gas, chemicals known to cause cancer or reproductive toxicity, pollutants, contaminants, hazardous wastes, toxic or noxious substances or related materials, petroleum and petroleum products, or (b) any substance 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 mutually 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 ofthe License, as extended and amended hereby. 6. This Agreement shall not be binding upon the Licensee until it has 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 Ontario. 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 and/or assigns of the respective parties hereto. 11. 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 actual or potential situation that may be reasonably interpreted as either a conflict of interest or a potential conflict of interest. 2 IN WITNESS WHEREOF the parties hereto have executed this Agreement. '- CORPORATION OF THE MUNICIPALITY OF CLARINGTON Per: Name: Title: JO~Jt- Mayor 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 RENE'" AL Per: Don Patterson Vice-President, Leasing and Lease Administration Authorized Signing Officer 3 SCHEDULE "A" Location of Licensed Area 132 Church Street, Bowmanville COlIn' ROOM 2 & ~ , sa.- :). ').'1 COURr ROOM 1 .. . E::I ~ ~ A 8E!COJtC PLOOFI PLAN ,~ .., ... .... )( DR' 11M I! ME MMII PIlL .......... 8 IIIIIrJ!MIlE ......ca . fill[ ~__ 8 ...-.cr .... ~ ~ .... 0.-.1:. _ a :5 1. nnILJ 20 J .- l DATED: July 28, 2006 CORPORATION OF THE MUNICIPALITY OF CLARlNGTON - and - 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 LICENSE EXTENSION AND AMENDING AGREEMENT c/o Ontario Realty Corporation Leasing Department 10th Floor, Ferguson Block 77 Wellesley Street West Toronto, ON M7 A 2G3 L01739 LOI739 LICENSE EXTENSION AND AMENDING AGREEMENT THIS AGREEMENT made in quadruplicate as of the 28th 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 THE 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 commencing on June 1, 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 of Government 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 hereinafter 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 THIS AGREEMENT WITNESSES THAT in consideration ofthe 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: 1. The parties hereto confirm that the foregoing recitals are true in substance and in fact. 2. The Term of the License is hereby extended for a further term of Two (2) years 6. 7. 8. 9. 10. 11. 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 Hundred 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, chlordane (DDT), polychlorinated biphenyls, chlorofluorocarbons (CFCs), hydro-chlorofluorocarbons (HCFCs), volatile organic compounds (VOCs), urea formaldehyde foam insulation, radon gas, chemicals known to cause cancer or reproductive toxicity, pollutants, contaminants, hazardous wastes, toxic or noxious substances or related materials, petroleum and petroleum products, or (b) any substance 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 mutually 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. This Agreement shall not be binding upon the Licensee until it has been executed by or on behalf of the Licensee. 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. The provisions of this Agreement shall be interpreted and governed by the laws of the Province of Ontario. The Licensor acknowledges, agrees and consents to the release by the Licensee of this Agreement and any information contained herein. This Agreement shall be binding upon and enure to the benefit of the administrators, successors and/or assigns of the respective parties hereto. The Licensor and any of its successors, permitted assigns, directors, officers, emplo~e~s, agents, servants, and representatives shall not engage in any activity wh~re such a:tlVIty creates a conflict of interest, actual or potential, in the sole opinion ofthe LIcensee, WIth the License or the exercise of any of the rights or obligations of the Licensor hereunder. T~e Licensor shall disclose to the Licensee in writing and without delay any actual or potentIal situation that may be reasonably interpreted as either a conflict of interest or a potential conflict of interest. 2 IN WITNESS WHEREOF the parties hereto have executed this Agreement. FORM APPROVED FOR EXECUTION CORPORATION OF THE MUNICIPALITY OF CLARlNGTON Per: Name: Title: (t~ Mayor Authorized Signing Officer //~- / ~ Per: Name: I 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 3 SCHEDULE "A" Location of Licensed Area 132 Church Street, Bowmanville COIIfI' ROOM 2 LB IW) .... I1IIr X I1IIr S8I m .. ... PIlL . ... ..... .... 8 ........ ~... . .. EXIIaI__ 8-VECWUllr 4 Il!JIVDBIcr ... (MI.u.1:. .. IiiI qr ~ ').1'6 sQ: COURr ROOU 1 ... . E::J ~ 108Br 8I!CaC PLOOFI PLAN Gall flllIl-J 28 I 3D 4