HomeMy WebLinkAboutCOD-005-07
Cl~ipn
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Report #: COD-00S-07
File#_
6PA -(JCJ~ /[/].
By-law # dO\:) 7 --0 So
Date: February 5th, 2007
Subject:
Oshawa/Clarington Association for Community Living and
John Howard Society Lease Agreements
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-005-07 be received;
2. THAT the Lease agreement (Attachment #1) with the Oshawa/Clarington Association for
Community Living in the amount of $12,382.59 per annum for one (1) year term be
approved; and
3. THAT the Lease agreement (Attachment #2) with the John Howard Society in the
amount of $12,382.59 per annum for one (1) year term be approved; and
4. THAT the attached By-laws marked Attachment #3 and Attachment #4 be approved
authorizing the Mayor and the Clerk to execute the necessary agreements;
Submitted bY~
arie Marano, H.B.Sc., C.M.O.
Director of Corporate Services
Reviewed b~~~-Ls-l...
Franklin Wu,
Chief Administrative Officer
MM\LAB\km
. REPORT NO.: COD-005-07
PAGE 2
BACKGROUND AND COMMENT
The Municipality has existing Lease agreements with the Oshawa Clarington Association for
Community Living and the John Howard Society for the premises at 132 Church Street,
Bowmanville since 1997.
Administrative Services, Employment Resource Centre for Youth and the Firehouse Youth
Activity Centre are the main activities in the former apparatus bay area and main floor of the
building.
The proposed lease is effective January 1,2007, and will expire December 31,2007.
The amounts proposed for each of the tenants represents a three (3) percent increase in the
monthly rent over the previous lease agreement, which is reflective of the increase in Consumer
Price Index.
CORPORATION OF THE MUNICIPALITY OF ClARINGTON
40 TEMPERANCE STREET, BOW MANVilLE, ONTARIO L 1 C 3A6 T(905)623-3379 F (905)623-4169
Attachment #1
THIS LEASE dated as of the _ day of
in pursuance of the Short Forms of Leases Act.
,2007,
BETWEEN:
The Corporation of the Municipality of Clarington
(hereinafter called the "Landlord")
- and -
Community Livina Oshawa I Clarinaton a corporation
incorporated under the laws of the Province of Ontario
(hereinafter called the 'Tenant")
OF THE SECOND PART
LEASE AGREEMENT
Attachment #1
BETWEEN:
The Corporation of the Municipality of Clarington
(hereinafter called the "Landlord")
- and -
Community Living Oshawa / Clarington
(hereinafter called the "Tenant")
WHEREAS the Landlord has agreed to lease to the Tenant and the Tenant has agreed to
lease from the Landlord the assigned space at the Fire and Court Building, 132 Church
Street, Bowmanville, Municipality of Clarington, Regional Municipality of Durham (the
"Premises").
NOW THEREFORE THIS LEASE WITNESSES that in consideration of the rents,
covenants and agreements hereinafter reserved and contained on the part of the
Landlord and the Tenant, the Landlord leases to the Tenant, and the Tenant leases from
the Landlord, the Premises on the following terms and conditions:
1. Term
(a) The Tenant shall have and hold as tenant for a term of one (1) year commencing
January 1,2007 and ending December 31,2007 (hereinafter called the "Term").
2. Use
The Tenant shall continuously occupy the Premises throughout the Term, subject
to and in accordance with the provisions of this Lease, solely for uses permitted by
law and for no other use or purpose.
The Tenant shall not commit or suffer or permit to be committed (i) any waste or
damage, disfiguration or injury to the Premises or the improvements. installations,
fixtures and equipment thereon and (ii) any nuisance in, at or on the Premises.
The Tenant shall not do or permit anything to be done that results in the
cancellation or threatened cancellation or the reduction of coverage under or
threatened reduction of coverage under any insurance policy on the Premises or
any part of it.
PAGE 2
Attachment #1
3. Demised Premises
The demised premises is comprised of the administration areas, the former
apparatus bay, Courtroom #2, and adjacent office.
4. Licensed Areas
The Licensed Areas includes the non-exclusive use of the Court Room One and
entrances, exit and stairs of the aforesaid building, the exclusive use of the lower
and main floors, and the use of the east ten (10) parking spaces in a designated
area, on the east side of the building.
5. Basic Rent
During the Term, the Tenant shall pay to the Landlord annual minimum rent of
$12,382.59 per year.
6. Tenant's Duty to Maintain
The Tenant at all times throughout the term shall maintain the premises in a
satisfactory condition as determined by the Landlord. Acting reasonably, without
limiting the foregoing, the Tenant shall keep the Premises in a clean condition,
obtain at its expense, janitorial services, and daily operating expenses.
7. Net Lease
The Tenant acknowledges, covenants and agrees that, except as herein expressly
set out, it is intended that this Lease and the rentals herein provided to be paid
shall be completely net and carefree to the Landlord. .
All amounts required to be paid by the Tenant hereunder (whether to the Landlord
or third parties) shall be additional rent and all additional rent shall be payable and
recoverable as Basic Rent, but in the manner herein provided, and the Landlord
shall have all rights against the Tenant for default in any such payment as in the
case of arrears of Basic Rent.
8. Repairs and Maintenance
The Tenant hereby accepts the Premises on an "as is" basis. The Tenant, at its
own expense, shall maintain and keep the Premises and every part thereof, in
good working order and condition and promptly make all needed maintenance,
repairs and replacements as would a prudent owner of similar premises
(reasonable wear and tear and damage by fire, lightning and tempest and
structural defects only excepted). The Tenant shall keep the Premises clean and
in such condition as a prudent owner would do. If structural repairs or
replacements to the roof, foundation or load bearing walls or the heating
equipment of the Premises are required during the Term, then the Landlord shall
be obligated, at its expense, to effect such repairs or replacements. The Tenant
covenants with the Landlord to leave the Premises in as good repair as the
Premises were at the commencement of the Term.
PAGE 3
Attachment #1
9. Alterations
(a) If the Tenant, during the Terms of this Lease or any renewal of it, desires
to make any alterations or additions to the Premises, including but not
limited to: erecting partitions, attaching equipment, and installing
necessary furnishings or additional equipment of the Tenant's business,
the Tenant may do so at his own expense, at any time and from time to
time, if the following conditions are met:
(i) before undertaking any alteration or addition the Tenant shall submit
to the Landlord a plan showing the proposed alterations or additions
and the Tenant shall not proceed to make any alteration or addition
unless the Landlord has approved the plan, and the Landlord shall
not unreasonably or arbitrarily withhold its approval and items
included in the plan which are regarded by the Tenant as "Trade
Fixtures" shall be designated as sun on the plan; and
(ii) any and all alterations or additions to the Premises made by the
Tenant must comply with all applicable building code standards and
by-laws of the municipality in which the Premises are located.
(b) The Tenant shall be responsible for and pay the cost of any alterations,
additions, installations or improvements that any governing authority,
municipal, provincial or otherwise, may require to be made in, on or to the
Premises.
(c) No sign, advertisement or notice shall be inscribed, painted or affixed by the
Tenant, or any other person on the Tenant's behalf, on any part of the
inside or outside of the building in which the Premises are located unless
the sign, advertisement or notice has been approved in every respect by the
Landlord.
(d) All alterations and additions to the Premises made by or on behalf of the
Tenant, other than the Tenant's Trade Fixtures, shall immediately become
the property of the Landlord without compensation to the Tenant.
(e) The Tenant agrees, at his own expense and by whatever means may be
necessary, immediately to obtain the release or discharge of any
encumbrance that may be registered against the Landlord's property in
connection with any additions or alterations to the Premises made by the
Tenant or in connection with any other activity of the Tenant.
10. Insurance and Indemnification
(a) The Tenant shall provide and maintain during the term of the lease Commercial
/ Comprehensive General Liability insurance acceptable to the Municipality and
subject to limits of not less than $3,000,000.00 inclusive per occurrence for
bodily injury, death and damage to property including loss of use thereof.
(b) The Commercial/Comprehensive General Liability insurance policies shall be
in the name of the Tenant and shall name the Landlord as an additional
insured thereunder.
(c) Such insurance policies shall contain an endorsement to provide the
Municipality with thirty (30) days written notice of cancellation.
PAGE 4
Attachment #1
1.1
(d) Evidence of insurance satisfactory to the Municipality's Insurance Administrator
shall be provided prior to execution of the lease. If requested by the Landlord,
Certified Copies of the above-referenced polity must be provided.
The Tenant shall indemnify and save harmless the Landlord from any and all claims,
demands, causes of action, loss, costs or damages that the Landlord may suffer, incur or
be liable for, resulting from the performance of the Tenant of his obligations under the
lease agreement, save and except damages, claims, demands, actions or cause of action
arising out of or as a result of the actions of the Landlord, its agents or employees.
And the Tenant shall provide the Landlord with a copy of the policy certified by the
insurer.
11. Damaae and Destruction
If the Premises are destroyed or damaged by fire, lightning, tempest or other
casualty, then and in every such event if, in the opinion of the Landlord's architect,
the damage or destruction of such Building renders the whole or any substantial
part of the said Building unfit for occupancy or impossible or unsafe for use and
occupancy or impossible for the Tenant to continue to carry on its business, either
the Landlord or the Tenant may at its option, terminate this Lease by giving to the
other notice in writing of such termination, in which event, this Lease and the Term
shall cease and be at an end as of the date of such destruction or damage, and
the rent and all other payments for which the Tenant is liable under the terms of
this Lease shall be apportioned and paid in full to the date of such destruction or
damage;
12. Quiet Eniovment
The Landlord covenants with the Tenant for quiet enjoyment.
13. Government Reauirements
The Tenant shall, at its sole cost and expense, during the Term:
(a) observe and comply with all applicable governmental laws and regulations
including, without limitation, federal and provincial legislative enactments,
Building by-laws and other governmental or municipal regulations which
relate to the Premises or the partitioning, equipment, operation and use
thereof and to the making of any repairs, replacements, alterations,
additions, changes, substitutions or improvements of or to the Premises.
The Tenant shall comply with all police, fire and sanitary regulations
imposed by any federal, provincial or municipal authorities, or made by
insurance underwriters and shall observe all governmental and municipal
regulations and other requirements goveming the conduct of any business
conducted in the Premises;
(b) obtain all necessary permits, licenses and approvals relating to the use and
occupancy of the Premises and the conduct of business therein; and
PAGE 5
Attachment #1
11...J:l~j
(c) carry out all modifications, alterations or changes to the Premises and the
Tenant's conduct of business in or use of the Premises which are required
by any such authorities.
The Tenant shall indemnify and hold the Landlord harmless against any penalty or
fine imposed for any violation of any law, by-law or regulation by the Tenant or
those for whom the Tenant is in law responsible.
14. Default
The following events ("Events of Default") shall be deemed a default (a "default")
under this Lease:
(a) If the Tenant fails to pay any instalment of Basic Rent promptly when due or
additional rent hereunder ("Additional Rent") no later than five (5) days
following the respective due date;
(b) If the Tenant fails to observe or perform any other term, covenant, condition
or obligation under this Lease that is capable of remedy other than a default
in the payment of Basic Rent or Additional Rent, and such default remains
unremedied after thirty (30) days following written notice from the Landlord
to the Tenant specifying such default and requiring the Tenant to remedy
the default;
(c) If the Tenant fails to observe and perform any other term, covenant,
conditions or obligation under this Lease that is not capable of remedy other
than a default in the payment of Basic Rent or Additional Rent and the
Tenant receives written notice from the Landlord specifying such default;
(d) If the Tenant makes an assignment for the benefit of its creditors generally,
or if the Tenant is declared bankrupt or insolvent, or if a petition in
bankruptcy is filed against the Tenant, or if the Tenant files an assignment
in bankruptcy or takes or attempts to take the advantage of any legislation
for relief of bankrupt or insolvent debtors, or if a receiver or a receiver and
manager is appointed for all or a portion of the Tenant's property, or if any
steps are taken or any action or proceedings are instituted by the Tenant or
by any other party including, without limitation, any court or governmental
body of competent jurisdiction for the dissolution, winding-up or liquidation
of the Tenant or its assets, unless such proceeding be set aside,
discharged or abandoned within fourteen (14) days. For the purposes of
this Subsection, "Tenant" shall mean the Tenant and any person carrying
on business in or occupying the whole or any part of the Premises;
(e) If, the Tenant makes or attempts to make any bulk sale of any of its assets
situated in the Premises in contravention of the provisions of this Lease, or
if any Tenant sells, disposes, removes or attempts to remove from the
Premises a part of its trade fixtures, furniture, improvements, chattels or
goods other than in the normal course of business so that there would in
the event of such sale, disposal or removal be sufficient trade fixtures,
furniture, improvements, chattels or goods of the Tenant on the Premises
subject to distress to satisfy all rent due or accruing hereunder for a period
of at least twelve (12) months; or
(f) If the Premises becomes and remains vacant for a period of five (5)
consecutive days.
Upon an Event of Default, the full amount of Basic Rent and Additional Rent then
owing and the current month's Basic Rent and Additional Rent together with the
next ensuing three (3)months instalments of Basic Rent and Additional Rent shall
immediately become due and payable unless the Landlord gives written notice to
the Tenant to the contrary.
PAGE 6
Attachment #1
I,
15. RiQht of Re-Entry
fr.-I'Ll
Upon an Event of Default and at the opinion of the Landlord, the Landlord, in
addition to any other remedy or right it may have, and without notice or any form of
legal process, may forthwith re-enter upon and take possession of the Premises
without thereby terminating this Lease and remove and sell the Tenant's goods,
chattels, equipment and trade fixtures therefrom, any rule of law or equity to the
contrary notwithstanding. The Landlord may seize and sell such goods, chattels,
equipment and trade fixtures of the Tenant as are in the Premises and may apply
the proceeds thereof to all rent and other payments to which the Landlord is then
entitled under this Lease. Any such sale may be effected in the discretion of the
Landlord by public auction or otherwise, and either in bulk or by individual item, or
partly by one means and party by another, all as the Landlord in its sole discretion
may decide. If any of the Tenant's property is disposed of as provided in this
Section, ten (10) days prior notice to the Tenant of disposition shall be deemed to
be commercially reasonable.
16. Riqht of Termination
In addition to all rights and remedies of the Landlord available to it by any provision
of this Lease or given by law to the Landlord, the Tenant agrees that upon an
Event of Default the Landlord shall have the right to terminate this Lease upon
notice in writing to the Tenant. Upon such notice, this Lease shall terminate
immediately without the necessity of any legal proceeding whatsoever. The
Tenant shall thereupon within three (3) days quit and surrender the Premises to
the Landlord, or if not yet in possession, the Tenant shall no longer have any right
to possession of the Premises, and the Landlord, its agents and servants, shall
have the right to enter the Premises and dispossess the Tenant and remove any
persons or property therefrom without the necessity of legal proceeding
whatsoever and without being liable to the Tenant therefor in damages, or
otherwise.
Either party shall have the right to cancel this Lease at any time during the term by
giving the other party no less than three (3) month prior written notice of
termination.
17. RiQht to Re-Iet etc.
If the Landlord re-enters pursuant to the provisions of either this Lease or any
applicable law, the Landlord, without limiting its right to recover damages, may
either terminate this Lease under this section or it may from time to time without
terminating the Tenant's obligations under this Lease, make any alterations and
repairs considered necessary by the Landlord to facilitate a reletting, and relet the
Premises or any part thereof as agent of the Tenant for such term or terms and at
such rental or rentals and upon such other terms and conditions as the Landlord in
its reasonable discretion considers advisable. Upon each reletting, all rent and
other moneys received by the Landlord from the reletting will be applied (i) to the
payment of indebtedness other than rent due hereunder from the Tenant to the
Landlord (ii) to the payment of costs and expenses of the reletting including
brokerage fees, legal fees and costs of the alterations and repairs and (iii) to the
payment of rent due and unpaid hereunder. The residue, if any, will be held by the
Landlord and applied in payment of future rent as it becomes due and payable. If
the rent received from the reletting during a month is less than the rent to be paid
during that month by the Tenant, the Tenant shall pay the deficiency to the
Landlord. The deficiency shall be calculated by the Landlord and paid monthly in
advance on or before the first day of every month by the Tenant. No re-entry by
the Landlord shall be construed as an election on its part to terminate this Lease
unless a written notice of that intention is given to the Tenant. Despite a reletting
without termination, the Landlord may elect at any time to terminate this Lease for
a previous breach.
PAGE 7
Attachment #1
t i.\LL/'~jl..S
18. Damaaes
If the landlord shall terminate this lease as provided herein, the Tenant shall pay
to the landlord on demand, rent hereunder up to the time of re-entry or
termination, whichever shall be the later.
19. Separate Remedies
The landlord may from time to time resort to any or all of the rights and remedies
available to it upon an Event of Default, either by any provision of this lease or by
statute or the general law, all of which rights and remedies are intended to be
cumulative and not altemative and may be exercised generally or in combination.
20. Waiver
(a) Notwithstanding anything contained in any statute now or hereafter in force
limiting or abrogating the right of distress, none of the goods, chattels or
trade fixtures of the Tenant on the Premises at any time during the Term
shall be exempt from levy by distress for rent in arrears, and if any claim is
made for such exemption by the Tenant or if a distress is made by the
landlord of if any action is brought to test the right of the landlord to levy
upon any such goods as are so exempted, this lease may be pleaded as
an estoppel against the Tenant, the Tenant hereby waiving each and every
benefit that could or might have accrued to the Tenant under and by virtue
of any such statute by for this lease.
(b) Failure of the landlord to insist upon the performance of any covenant or
condition of this lease or to exercise any right or option contained in this
lease shall not be construed as a waiver or relinquishment of any such
covenant, conditions, right or option or of any subsequent breach of the
same. No variation or waiver of any covenant or condition of this lease
shall be valid unless in writing and signed by duly authorized persons on
behalf of the landlord.
21. Covenants
Every obligation of the landlord or the Tenant expressed in this lease, even
though not expressed as a covenant, shall be a covenant for all purposes. The
Tenant acknowledges that it shall have no right to any benefit of division or
discussion.
22. Time of Essence
Time shall be of the essence in all respects hereunder.
23. Enforceabilitv
If any term, covenant or condition of this lease or the application thereof to any
person or circumstance is to any extent held or rendered invalid, unenforceable or
illegal, the remainder of this lease or the application of such term, covenant or
conditions to persons or circumstances other than those with respect to which it is
held invalid, unenforceable or illegal is not affected thereby and continues to be
applicable and enforceable to the fullest extent permitted by law.
PAGE 8
Attachment #1
[i\tjC'S lV, ,:;,tJ,'lH'~rS'f>'iT,:'iII;:i'" I
24. Notices
Any notice that one party hereto may desire or be required to give to the other
party hereto shall for all purposes be deemed to have been sufficiently and
properly given, if delivered personally or forwarded by registered mail and
addressed in the case of the Landlord to:
The Landlord
Municipality of Clarington
40 Temperance Street, Bowmanville, Ontario L 1C 3A6
Attention: Lou Ann Birkett, Purchasing Manager
and in the case of the Tenant to the Premises and shall be presumed to have
been received on the date of delivery, if delivered personally, or if forwarded by
registered mail on the third business day following such mailing. Any notice shall
be in writing, except as expressly otherwise provided herein, and shall be given
only by delivery as aforesaid in the event of post interruption.
The Tenant:
Community Living Oshawa / Clarington
132 Church Street, Bowmanville, Ontario
25. Riqht to Sublet
The Tenant shall have the right to sublease any portion of their useable leased
area, provided that the use and occupation of the Area of the Premises remains as
permitted by this lease, and is complimentary to the operation of the Tenant.
The Tenant must provide the Landlord with written notification of any sublease
entered into by the Tenant.
It is the Tenants responsibility to ensure that all terms and conditions of this lease
are adhered to by tenants subleasing.
At any time during the term of the lease, the Landlord reserves the right to revoke
the right to sublease, should the Tenants who have subleased be in violation of the
terms of this lease, and or should the intended use of the premises not be
maintained.
The Tenant will assume all responsibility for any subtenants with respect to
Insurance and Indemnification as identified in this lease. The existence of any
sublease shall in no way reduce the responsibility of the Tenant.
26. Danqerous Use
The Tenant shall not commit or permit anything which will increase the cost of the
Landlord's insurance or render any insurance on or relating to the Premises
subject to cancellation.
27. Rules Reqardinq Operation of Demised Premises
The Municipality's Property Manager from time to time may give the Tenant written
notice of rules regarding the operation of the premises. Such rules shall be
complied with by the Tenant's and Sub-Tenants during the Term of the Lease and
any extensions or renewal thereof.
28. Smoke Free Buildinq
The Tenant shall not permit or allow any person to smoke tobacco product
anywhere in the building.
PAGE 9
Attachment #1
l1\':('
29. Enurement
This Lease and everything herein contained shall enure to the benefit of and be
binding upon the parties hereto their successors and permitted assigns
respectively.
30. Governina Law
This Lease shall be interpreted, governed and enforced in accordance with the law
of the Province of Ontario, Canada.
31 . Notice of Accident etc.
The Tenant shall promptly notify the Landlord of any accident, defect. damage or
deficiency in or on any part of the Premises which comes to the attention of the
Tenant, it's employees or contractors, notwithstanding that the Landlord may have
no obligation in respect thereof.
IN WITNESS WHEREOF the parties have duly executed and unconditionally
delivered this Lease as of the date first above written.
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
By:
Jim Abernethy, Mayor
And:
Patti L. Barrie, Clerk
COMMUNITY LIVING
OSHAW A/CLARINGTON
~- -4 -=r~
An/iJ (u. b Y7~ ,4)
By:
PAGE 10
Attachment #2
THIS LEASE dated as of the _ day of
in pursuance of the Short Forms of Leases Act.
,2007,
BETWEEN:
The Corporation of the Municipality of Clarlngton
(hereinafter called the "Landlord")
- and -
The John Howard Socletv a corporation
incorporated under the laws of the Province of Ontario
(hereinafter called the "Tenant")
OF THE SECOND PART
LEASE AGREEMENT
Attachment #2
1-j:'JLt\~;LS AGHE.. [fvlF-:\iTSUol Jf1 Howard Socil':t{,iH;_,.LL/\SF<~(J()1 DOC
BETWEEN:
The Corporation of the Municipality of Clarington
(hereinafter called the "Landlord")
- and -
The John Howard Society
(hereinafter called the "Tenant")
WHEREAS the Landlord has agreed to lease to the Tenant and the Tenant has agreed to
lease from the Landlord the assigned space at the Fire and Court Building, 132 Church
Street, Bowmanville, Municipality of Clarington, Regional Municipality of Durham (the
"Premises").
NOW THEREFORE THIS LEASE WITNESSES that in consideration of the rents,
covenants and agreements hereinafter reserved and contained on the part of the
Landlord and the Tenant, the Landlord leases to the Tenant, and the Tenant leases from
the Landlord, the Premises on the following terms and conditions:
1. Term
(a) The Tenant shall have and hold as tenant for a term of one (1) year commencing
January 1, 2007 and ending December 31,2007 (hereinafter called the "Term").
2. Use
The Tenant shall continuously occupy the Premises throughout the Term, subject
to and in accordance with the provisions of this Lease, solely for uses permitted by
law and for no other use or purpose.
The Tenant shall not commit or suffer or permit to be committed (i) any waste or
damage, disfiguration or injury to the Premises or the improvements, installations,
fixtures and equipment thereon and (ii) any nuisance in, at or on the Premises.
The Tenant shall not do or permit anything to be done that results in the
cancellation or threatened cancellation or the reduction of coverage under or
threatened reduction of coverage under any insurance policy on the Premises or
any part of it.
PAGE 2
Attachment #2
H\HASLS AGHLLMEN rS\Jolin Howdru SOCliJly\,III:;; I.LASf?iJ(l/ DOC;
3. Demised Premises
The demised premises is comprised of the administration areas, the former
apparatus bay, Courtroom #2, and adjacent office.
4. Licensed Areas
The Licensed Areas includes the non-exclusive use of the Court Room One and
entrances, exit and stairs of the aforesaid building, the exclusive use of the lower
and main floors, and the use of the east ten (10) parking spaces in a designated
area, on the east side of the building.
5. Basic Rent
During the Term, the Tenant shall pay to the Landlord annual minimum rent of
$12,382.59 per year.
6. Tenant's Duty to Maintain
The Tenant at all times throughout the term shall maintain the premises in a
satisfactory condition as determined by the Landlord. Acting reasonably, without
limiting the foregoing, the Tenant shall keep the Premises in a clean condition,
obtain at its expense, janitorial services, and daily operating Elxpenses.
7. Net Lease
The Tenant acknowledges, covenants and agrees that, except as herein expressly
set out, it is intended that this Lease and the rentals herein provided to be paid
shall be completely net and carefree to the Landlord.
All amounts required to be paid by the Tenant hereunder (whether to the Landlord
or third parties) shall be additional rent and all additional rent shall be payable and
recoverable as Basic Rent, but in the manner herein provided, and the Landlord
shall have all rights against the Tenant for default in any such payment as in the
case of arrears of Basic Rent.
8. Reoairs and Maintenance
The Tenant hereby accepts the Premises on an "as is" basis. The Tenant, at its
own expense, shall maintain and keep the Premises and every part thereof, in
good working order and condition and promptly make all needed maintenance,
repairs and replacements as would a prudent owner of similar premises
(reasonable wear and tear and damage by fire, lightning and tempest and
structural defects only excepted). The Tenant shall keep the Premises clean and
in such condition as a prudent owner would do. If structural repairs or
replacements to the roof, foundation or load bearing walls or the heating
equipment of the Premises are required during the Term, then the Landlord shall
be obligated, at its expense, to effect such repairs or replacements. The Tenant
covenants with the Landlord to leave the Premises in as good repair as the
Premises were at the commencement of the Term.
PAGE 3
Attachment #2
9. Alterations
H\UASEB AGI{[:TME',n~,Jo"n Howard Soc10ty\JHS liASI' cUi.; [Joe
(a) If the Tenant, during the Terms of this Lease or any renewal of it, desires
to make any alterations or additions to the Premises, including but not
limited to: erecting partitions, attaching equipment, and installing
necessary furnishings or additional equipment of the Tenant's business,
the Tenant may do so at his own expense, at any time and from time to
time, if the following conditions are met:
(i) before undertaking any alteration or addition the Tenant shall submit
to the Landlord a plan showing the proposed alterations or additions
and the Tenant shall not proceed to make any alteration or addition
unless the Landlord has approved the plan, and the Landlord shall
not unreasonably or arbitrarily withhold its approval and items
included in the plan which are regarded by the Tenant as "Trade
Fixtures" shall be designated as sun on the plan; and
(ii) any and all alterations or additions to the Premises made by the
Tenant must comply with all applicable building code standards and
by-laws of the municipality in which the Premises are located.
(b) The Tenant shall be responsible for and pay the cost of any alterations,
additions, installations or improvements that any governing authority,
municipal, provincial or otherwise, may require to be made in, on or to the
Premises.
(c) No sign, advertisement or notice shall be inscribed, painted or affixed by the
Tenant, or any other person on the Tenant's behalf, on any part of the
inside or outside of the building in which the Premises are located unless
the sign, advertisement or notice has been approved in every respect by the
Landlord.
(d) All alterations and additions to the Premises made by or on behalf of the
Tenant, other than the Tenant's Trade Fixtures, shall immediately become
the property of the Landlord without compensation to the Tenant.
(e) The Tenant agrees, at his own expense and by whatever means may be
necessary, immediately to obtain the release or discharge of any
encumbrance that may be registered against the Landlord's property in
connection with any additions or alterations to the Premises made by the
Tenant or in connection with any other activity of the Tenant.
10. Insurance and Indemnification
(a) The Tenant shall provide and maintain during the term of the lease Commercial
! Comprehensive General Liability insurance acceptable to the Municipality and
subject to limits of not less than $3,000,000.00 inclusive per occurrence for
bodily injury, death and damage to property including loss of use thereof.
(b) The Commercial! Comprehensive General Liability insurance policies shall be
in the name of the Tenant and shall name the Landlord as an additional
insured thereunder.
(c) Such insurance policies shall contain an endorsement to provide the
Municipality with thirty (30) days written notice of cancellation.
PAGE 4
Attachment #2
HHASfS A(\HLLMEi\TS\John Howard Society\,IHS.UASL ~.'O(JllJOC
(d) Evidence of insurance satisfactory to the Municipality's Insurance
Administrator shall be provided prior to execution of the lease. If requested by
the Landlord, Certified Copies of the above-referenced polity must be provided.
The Tenant shall indemnify and save harmless the Landlord from any and all claims,
demands, causes of action, loss, costs or damages that the Landlord may suffer, incur or
be liable for, resulting from the performance of the Tenant of his obligations under the
lease agreement, save and except damages, claims, demands, actions or cause of action
arising out of or as a result of the actions of the Landlord, its agents or employees.
And the Tenant shall provide the Landlord with a copy of the policy certified by the
insurer.
11. Damaae and Destruction
If the Premises are destroyed or damaged by fire, lightning, tempest or other
casualty, then and in every such event if, in the opinion of the Landlord's architect,
the damage or destruction of such Building renders the whole or any substantial
part of the said Building unfit for occupancy or impossible or unsafe for use and
occupancy or impossible for the Tenant to continue to carry on its business, either
the Landlord or the Tenant may at its option, terminate this Lease by giving to the
other notice in writing of such termination, in which event, this Lease and the Term
shall cease and be at an end as of the date of such destruction or damage, and
the rent and all other payments for which the Tenant is liable under the terms of
this Lease shall be apportioned and paid in full to the date of such destruction or
damage;
12. Quiet Eniovment
The Landlord covenants with the Tenant for quiet enjoyment.
13. Government Reauirements
The Tenant shall, at its sole cost and expense, during the Term:
(a) observe and comply with all applicable governmental laws and regulations
including, without limitation, federal and provincial legislative enactments,
Building by-laws and other governmental or municipal regulations which
relate to the Premises or the partitioning, equipment, operation and use
thereof and to the making of any repairs, replacements, alterations,
additions, changes, substitutions or improvements of or to the Premises.
The Tenant shall comply with all police, fire and sanitary regulations
imposed by any federal, provincial or municipal authorities, or made by
insurance underwriters and shall observe all governmental and municipal
regulations and other requirements governing the conduct of any business
conducted in the Premises;
(b) obtain all necessary permits, licenses and approvals relating to the use and
occupancy of the Premises and the conduct of business therein; and
PAGE 5
Attachment #2
~j~'\! f'.'\~iE'S AClHE[MENTS\John Howard SO(.>(.tV\jH~j.l f,~SL ~'uC! [;Oe
(C) carry out all modifications, alterations or changes to the Premises and the
Tenant's conduct of business in or use of the Premises which are required
by any such authorities.
The Tenant shall indemnify and hold the Landlord harmless against any penalty or
fine imposed for any violation of any law, by-law or regulation by the Tenant or
those for whom the Tenant is in law responsible.
14. Default
The following events ("Events of Default") shall be deemed a default (a "default")
under this Lease:
(a) If the Tenant fails to pay any instalment of Basic Rent promptly when due or
additional rent hereunder ("Additional Rent") no later than five (5) days
following the respective due date;
(b) If the Tenant fails to observe or perform any other term, covenant, condition
or obligation under this Lease that is capable of remedy other than a default
in the payment of Basic Rent or Additional Rent, and such default remains
unremedied after thirty (30) days following written notice from the Landlord
to the Tenant specifying such default and requiring the Tenant to remedy
the default;
(c) If the Tenant fails to observe and perform any other term, covenant,
conditions or obligation under this Lease that is not capable of remedy other
than a default in the payment of Basic Rent or Additional Rent and the
Tenant receives written notice from the Landlord specifying such default;
(d) If the Tenant makes an assignment for the benefit of its creditors generally,
or if the Tenant is declared bankrupt or insolvent, or if a petition in
bankruptcy is filed against the Tenant, or if the Tenant files an assignment
in bankruptcy or takes or attempts to take the advantage of any legislation
for relief of bankrupt or insolvent debtors, or if a receiver or a receiver and
manager is appointed for all or a portion of the Tenant's property, or if any
steps are taken or any action or proceedings are instituted by the Tenant or
by any other party including, without limitation, any court or governmental
body of competent jurisdiction for the dissolution, winding-up or liquidation
of the Tenant or its assets, unless such proceeding be set aside,
discharged or abandoned within fourteen (14) days. For the purposes of
this Subsection, "Tenant" shall mean the Tenant and any person carrying
on business in or occupying the whole or any part of the Premises;
(e) If, the Tenant makes or attempts to make any bulk sale of any of its assets
situated in the Premises in contravention of the provisions of this Lease, or
if any Tenant sells, disposes, removes or attempts to remove from the
Premises a part of its trade fixtures, furniture, improvements, chattels or
goods other than in the normal course of business so that there would in
the event of such sale, disposal or removal be sufficient trade fixtures,
furniture, improvements, chattels or goods of the Tenant on the Premises
subject to distress to satisfy all rent due or accruing hereunder for a period
of at least twelve (12) months; or
(f) If the Premises becomes and remains vacant for a period of five (5)
consecutive days.
Upon an Event of Default, the full amount of Basic Rent and Additional Rent then
owing and the current month's Basic Rent and Additional Rent together with the
next ensuing three (3)months instalments of Basic Rent and Additional Rent shall
immediately become due and payable unless the Landlord gives written notice to
the Tenant to the contrary.
PAGE 6
Attachment #2
15. Rieht of Re-Entrv
Upon an Event of Default and at the opinion of the Landlord, the Landlord, in
addition to any other remedy or right it may have, and without notice or any form of
legal process, may forthwith re-enter upon and take possession of the Premises
without thereby terminating this Lease and remove and sell the Tenant's goods,
chattels, equipment and trade fixtures therefrom, any rule of law or equity to the
contrary notwithstanding. The Landlord may seize and sell such goods, chattels,
equipment and trade fixtures of the Tenant as are in the Premises and may apply
the proceeds thereof to all rent and other payments to which the Landlord is then
entitled under this Lease. Any such sale may be effected in the discretion of the
Landlord by public auction or otherwise, and either in bulk or by individual item, or
partly by one means and party by another, all as the Landlord in its sole discretion
may decide. If any of the Tenant's property is disposed of as provided in this
Section, ten (10) days prior notice to the Tenant of disposition shall be deemed to
be commercially reasonable.
H:\ILi\~~;[S JI.,C:HfTrv1ENTS\.John Howard S(I(;IOly\.IH~; U ASE -~"(JLl? UOC
16. Rieht of Termination
In addition to all rights and remedies of the Landlord available to it by any provision
of this Lease or given by law to the Landlord, the Tenant agrees that upon an
Event of Default the Landlord shall have the right to terminate this Lease upon
notice in writing to the Tenant. Upon such notice, this Lease shall terminate
immediately without the necessity of any legal proceeding whatsoever. The
Tenant shall thereupon within three (3) days quit and surrender the Premises to
the Landlord, or if not yet in possession, the Tenant shall no longer have any right
to possession of the Premises, and the Landlord, its agents and servants, shall
have the right to enter the Premises and dispossess the Tenant and remove any
persons or property therefrom without the necessity of legal proceeding
whatsoever and without being liable to the Tenant therefor in damages, or
otherwise.
Either party shall have the right to cancel this Lease at any time during the term by
giving the other party no less than three (3) month prior written notice of
termination.
17. Rieht to Re-Iet etc.
If the Landlord re-enters pursuant to the provisions of either this Lease or any
applicable law, the Landlord, without limiting its right to recover damages, may
either terminate this Lease under this section or it may from time to time without
terminating the Tenant's obligations under this Lease, make any alterations and
repairs considered necessary by the Landlord to facilitate a reletting, and relet the
Premises or any part thereof as agent of the Tenant for such term or terms and at
such rental or rentals and upon such other terms and conditions as the Landlord in
its reasonable discretion considers advisable. Upon each reletting, all rent and
other moneys received by the Landlord from the reletting will be applied (i) to the
payment of indebtedness other than rent due hereunder from the Tenant to the
Landlord (ii) to the payment of costs and expenses of the reletting including
brokerage fees, legal fees and costs of the alterations and repairs and (iii) to the
payment of rent due and unpaid hereunder. The residue, if any, will be held by the
Landlord and applied in payment of future rent as it becomes due and payable. If
the rent received from the re/etting during a month is less than the rent to be paid
during that month by the Tenant, the Tenant shall pay the deficiency to the
Landlord. The deficiency shall be calculated by the Landlord and paid monthly in
advance on or before the first day of every month by the Tenant. No re-entry by
the Landlord shall be construed as an election on its part to terminate this Lease
unless a written notice of that intention is given to the Tenant. Despite a reletting
without termination, the Landlord may elect at any time to terminate this Lease for
a previous breach.
PAGE 7
Attachment #2
H'LI M;e-S AGfkElvIENTSIJohn Howard Suc1etyUHSU,ASE;'OOl DOC
18. Damaaes
If the Landlord shall terminate this Lease as provided herein, the Tenant shall pay
to the Landlord on demand, rent hereunder up to the time of re-entry or
termination, whichever shall be the later.
19. Seoarate Remedies
The Landlord may from time to time resort to any or all of the rights and remedies
available to it upon an Event of Default, either by any provision of this Lease or by
statute or the general law, all of which rights and remedies are intended to be
cumulative and not alternative and may be exercised generally or in combination.
20. Waiver
(a) Notwithstanding anything contained in any statute now or hereafter in force
limiting or abrogating the right of distress, none of the goods, chattels or
trade fixtures of the Tenant on the Premises at any time during the Term
shall be exempt from levy by distress for rent in arrears, and if any claim is
made for such exemption by the Tenant or if a distress is made by the
Landlord of if any action is brought to test the right of the Landlord to levy
upon any such goods as are so exempted, this Lease may be pleaded as
an estoppel against the Tenant, the Tenant hereby waiving each and every
benefit that could or might have accrued to the Tenant under and by virtue
of any such statute by for this Lease.
(b) Failure of the Landlord to insist upon the performance of any covenant or
condition of this Lease or to exercise any right or option contained in this
Lease shall not be construed as a waiver or relinquishment of any such
covenant, conditions, right or option or of any subsequent breach of the
same. No variation or waiver of any covenant or condition of this Lease
shall be valid unless in writing and signed by duly authorized persons on
behalf of the Landlord.
21. Covenants
Every obligation of the Landlord or the Tenant expressed in this Lease, even
though not expressed as a covenant, shall be a covenant for all purposes. The
Tenant acknowledges that it shall have no right to any benefit of division or
discussion.
22. Time of Essence
Time shall be of the essence in all respects hereunder.
23. Enforceabilitv
If any term, covenant or condition of this Lease or the application thereof to any
person or circumstance is to any extent held or rendered invalid, unenforceable or
illegal, the remainder of this Lease or the application of such term, covenant or
conditions to persons or circumstances other than those with respect to which it is
held invalid, unenforceable or illegal is not affected thereby and continues to be
applicable and enforceable to the fullest extent permitted by law.
PAGE 8
Attachment #2
H.d I. A~;1.0 AGHFHAI. NTS.John Howard Soc";ty\.JlIS-LEASE :'1101 DOr;
24. Notices
Any notice that one party hereto may desire or be required to give to the other
party hereto shall for all purposes be deemed to have been sufficiently and
properly given, if delivered personally or forwarded by registered mail and
addressed in the case of the Landlord to:
The Landlord
Municipality of Clarington
40 Temperance Street, Bowmanville, Ontario L 1 C 3A6
Attention: Lou Ann Birkett, Purchasing Manager
and in the case of the Tenant to the Premises and shall be presumed to have
been received on the date of delivery, if delivered personally, or if forwarded by
registered mail on the third business day following such mailing. Any notice shall
be in writing, except as expressly otherwise provided herein, and shall be given
only by delivery as aforesaid in the event of post interruption.
The Tenant:
The John Howard Society
132 Church Street, Bowmanville, Ontario
25. Riaht to Sublet
The Tenant shall have the right to sublease any portion of their useable leased
area, provided that the use and occupation of the Area of the Premises remains as
permitted by this lease, and is complimentary to the operation of the Tenant.
The Tenant must provide the Landlord with written notification of any sublease
entered into by the Tenant.
It is the Tenants responsibility to ensure that all terms and conditions of this lease
are adhered to by tenants subleasing.
At any time during the term of the lease, the Landlord reserves the right to revoke
the right to sublease, should the Tenants who have subleased be in violation of the
terms of this lease, and or should the intended use of the premises not be
maintained.
The Tenant will assume all responsibility for any subtenants with respect to
Insurance and Indemnification as identified in this lease. The existence of any
sublease shall in no way reduce the responsibility of the Tenant.
26. Danaerous Use
The Tenant shall not commit or permit anything which will increase the cost of the
Landlord's insurance or render any insurance on or relating to the Premises
subject to cancellation.
27. Rules Reaardina Ooeration of Demised Premises
The Municipality's Property Manager from time to time may give the Tenant written
notice of rules regarding the operation of the premises. Such rules shall be
complied with by the Tenant's and Sub-Tenants during the Term of the Lease and
any extensions or renewal thereof.
28. Smoke Free BuildinQ
The Tenant shall not permit or allow any person to smoke tobacco product
anywhere in the building.
PAGE 9
Attachment #2
H::lIASU; AGHEE.MU~fS\Jo"n Howald SoC:otyUHS IrASE-~'Ull( !Joe
29. Enurement
This Lease and everything herein contained shall enure to the benefit of and be
binding upon the parties hereto their successors and permitted assigns
respectively.
30. Governina Law
This Lease shall be interpreted, governed and enforced in accordance with the law
of the Province of Ontario, Canada.
31 . Notice of Accident etc.
The Tenant shall promptly notify the Landlord of any accident, defect, damage or
deficiency in or on any part of the Premises which comes to the attention of the
Tenant, it's employees or contractors, notwithstanding that the Landlord may have
no obligation in respect thereof.
IN WITNESS WHEREOF the parties have duly executed and unconditionally
delivered this Lease as of the date first above written.
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
By:
Jim Abernethy, Mayor
And:
Patti L. Barrie, Clerk
THE JOHN HOWARD SOCIETY
By:
PAGE 10
Attachment #3
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2007-
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and Oshawa
Clarington Association for Community Living, Oshawa,
Ontario, 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, Oshawa Clarington Association for Community Living, of
Oshawa , Ontario, and said Corporation; and
2. THAT the contract attached hereto as Attachment #1 form part of this By-law.
By-law read a first and second time this day of
,2007.
By-law read a third time and finally passed this day of
,2007.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
Attachment #4
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2007-
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and John Howard
Society, Bowmanville, Ontario, 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, John Howard Society, Bowmanville, Ontario, and said
Corporation; and
2. THAT the contract attached hereto as Attachment #2 form part of this By-law.
By-law read a first and second time this day of
,2007.
By-law read a third time and finally passed this day of
,2007.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk