HomeMy WebLinkAbout2007-098
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2007 - 098
Being a By-law to authorize a lease extension agreement
between the Corporation of the Municipality of Clarington and
Clarington Kids inc. in respect of a lease for the premises
situated at the Courtice Community Centre, 2950 Courtice
Road North, Courtice, 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, Clarington Kids Inc. of Courtice, 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 30th day of April, 2007.
By-law read a third time and finally passed this 30th day of April, 2007.
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LEASE EXTENSION AND AMENDING AGREEMENT
THIS AGREEMENT made in quadruplicate as of the 22nd ~~ 2007.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(hereinafter called the "Landlord")
OF THE FIRST PART
- and -
CLARINGTON KIDS INC.
(hereinafter called the "Tenant")
OF THE SECOND PART
WHEREAS by a Lease Agreement dated August 6, 2002 (the "Original Lease"), the
Landlord lease unto Clarington Kids Inc. (the "Tenant") for a term of Five (5) years
commencing July 1, 2002 and ending July 14, 2007 (the "Term"), the premises more
particularly described as comprising approximately Five Thousand Eight Hundred and
Three (5,803) square feet (the "Leased Area"), in the building municipally known as The
Courtice Community Complex (the "Building"), in the Municipality of Clarington, in the
Province of Ontario (the "Lands").
AND WHEREAS the Original Lease and this Lease Extension and Amending Agreement
(the "Agreement") are hereinafter collectively referred to as the "Lease", except as
specifically set out herein;
AND WHEREAS the parties have agreed to extend and amend the Lease 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 fourteen (14)
months commencing on July 15th, 2007 and ending on September 15th, 2008 (the
"First Extension Term"), at a monthly fee of Seven Thousand and Thirty Three
dollars and Seven Cents ($7,033.07) plus G.S.T. (the "Lease Fee"), payable in
advance by certified cheque on the first day of each month during the Term.
3) The Landlord shall continue during the First Extension Term to have the right to
cancel this Agreement or at any time during the Term, should the tenant be in
default of the agreement, by giving the two (2) days prior written notice of
cancellation or change, as the case may be.
H:\LEASES - AGREEMENTS\CCC - Clarington Kids\CCC Lease Extension - April2007.doc
4) The extension contemplated pursuant to this Agreement is subject to all the
covenants and agreements contained in the lease, as amended, renewed and
extended from time to time, save and except for the following additional terms:
1. Certified cheques for all lease payments must be received no later than
the 1 st of each month.
2. Certified cheques for all other monies owing (taxes, utilities, etc.) must be
submitted upon receipt of an invoice from the Municipality of Clarington.
3. Customers of the licensed daycare to be provided six (6) months prior
written notice from the tenant of the expiry of the lease.
4. Failure to comply with the terms of the lease or the extension will result in
immediate termination.
5) The Landlord and the Tenant hereby mutually covenant and agree that during the
First Extension Term they shall each perform and observe all the covenants,
provisos and obligations on their respective parts to be performed pursuant to the
terms of the Lease, as extended and amended hereby.
6) This Agreement shall not be binding upon the Tenant until it has been executed by
or on behalf of the Tenant.
7) Except as otherwise specifically provided in this Agreement, all words and
expressions used in the Lease 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) This Agreement shall be binding upon and enure to the benefit of the
administrators, successors and / or assigns of the respective parties hereto.
H:\LEASES - AGREEMENTS\CCC - Clarington Kids\CCC Lease Extension - April 2007.doc
IN WITNESS WHEREOF the parties hereto have executed this Agreement.
SIGNED, SEALED AND
DELIVERED
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THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
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, Municipal Clerk
H:\LEASES - AGREEMENTS\CCC - Clarington Kids\CCC Lease Extension - April2007.doc