HomeMy WebLinkAboutCOD-022-07
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REPORT
CORPORATE SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Friday, June 8th, 2007
Report #: COD-022-07
File#_
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By-law #
Subject:
KENDAL COMMUNITY CENTRE
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-022-07 be received;
2. THAT the lease agreement with the Kendal Community Centre (Schedule A) be
approved; and
3. THAT the attached By-law marked Schedule "B" authorizing the Mayor and the Clerk to
execute the necessary agreement.
Submitted bY:~ -
arie Marano, H.B.Sc., C.M.O.
Director of Corporate Services
Reviewed bY:~~
anklin Wu,
v{;f Chief Administrative Officer
1J~J ~.
--Gordon WeIr, A.M.CT, C.M.M.II
Director of Emergency & Fire Services
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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.: COD-022-07
PAGE 2
BACKGROUND AND COMMENT
The Municipality of Clarington purchased the subject property in late 1999 with the intent of
opening a volunteer Fire Station at some future point.
The Municipality has had a lease agreement with the Kendal Community Centre since 2000, for
an annual fee of $2.00. Since that time, the Municipality of Clarington Emergency & Fire
Services Department have been responsible for 50% of the utility charges for the term of the
agreement. For the information of Council, 50% of the utility charges for 2006 amounted to
approximately $6,910.00. This arrangement was based on the original intent of the agreement
was for the Emergency & Fire Services Department to use a portion of the space for training
purposes which has not occurred.
The existing 2 year agreement expired on December 31,2006. Staff, have had discussions
with the chair of the Kendal Community Centre regarding the terms for renewal of the
agreement. Staff proposed that the Municipality of Clarington would continue to pay 50% of the
utility charges for 2007 and 25% for 2008. Concern was expressed by the chair that this was
not financially feasible for the hall and it was requested that consideration be given to renewing
the agreement under the same terms and conditions as the previous agreement.
Based on the fact that the Municipality of Clarington Emergency & Fire Services Department is
only using limited area for storage and not utilizing the originally intended space and in keeping
with Municipal practice for other facilities, Council may choose to not pay 50% of the utility
charges and have Kendal Community Centre responsible for 100% of the total cost. Should this
be Council's preference then item number 18 of the agreement will need to be amended.
With respect to future plans for a Volunteer Fire Station in Kendal, this will be addressed in the
next Emergency Services Master Plan.
It is therefore recommended that the agreement with Kendal Community Centre be approved.
Attachments:
Attachment 1 - Schedule "A" Agreement
Attachment 1 - Schedule "B", By-law
Schedule "An
AGREEMENT
Page 1 of 3
THIS AGREEMENT made the
day of
2007.
BETWEEN:
MUNICIPALITY OF CLARINGTON
AND:
The Kendal Community Centre
WHEREAS the Corporation of the Municipality of Clarington authorize the Kendal
Community Association to enter into agreement to lease the property at 6742 Regional
Road 18.
BY SIGNING THIS AGREEMENT, the parties do hereby agree to be bound by the
Terms and Conditions of the following terms and conditions:
1. The tenant shall have and hold as tenant for a term of two years commencing
January 1,2007 and ending December 31,2008; and
2. The tenant shall occupy the premises throughout the term for the use as a
community centre and for no other reason; and
3. The tenant shall not commit or suffer or permit to be committed any waste or
damage, disfiguration or injury to the premises or the improvements, installations,
fixtures, and equipment thereon and any nuisance in, at or on the premises; and
4. 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;
5. The premises is defined for the sake of this agreement as the gymnasium, stage,
three classrooms, corridor, an office, kitchen and four washrooms; and
6. The base rent will be $2.00 per year payable to the Municipality of Clarington on or
before January 1 at of each year; and
7. The tenant at all times throughout the term shall maintain the premises in a
satisfactory condition as determined by the landlord acting reasonably. The tenant
shall keep the premises in a clean condition, obtain at its expense, janitorial service
and daily operation expenses (utilities). The tenant will.be responsible for winter
snow removal; and .
8. The tenant shall maintain and keep the premises and every part thereof in good
working order and promptly make all needed maintenance, repairs, and
replacements, as would a prudent owner.
9. If structural repairs or replacements to the roof, foundation or load bearing walls,
building envelope and I or the heating equipment are needed, then the landlord shall
be obligated at their expense to affect such repairs or replacements.
Schedule "An
AGREEMENT
Page 2 of 3
1 D.lf the tenant during the Term of this lease or any renewal of the lease, 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 the time the following conditions are met;
a) 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. The Landlord shall not unreasonably or
arbitrarily withhold approval.
11. The Tenant shall be responsible for and pay the cost of any alterations, additions or
installations, or improvements; and
12. No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant
or any other person on the Tenant's behalf or any part inside or outside unless
approved by the landlord; and
13. All alterations and additions made by or on behalf of the tenant shall immediately
become property of the landlord without compensation to the Tenant; and
14. The tenant agrees to observe and comply with all applicable governmental laws and
regulations including fire, police, health etc.
15. The Kendal Community Centre Board and the Municipality of Clarington Emergency
Services Department will work together to ensure that the development of a
Volunteer Fire Station and Community Centre is feasible.
16. The tenant shall not permit or allow any person to smoke tobacco products
anywhere in the building; and
17. The Municipality of Clarington Emergency Services Department will have exclusive
use of the south classroom.
18. The Municipality of Clarington Emergency Services Department will be responsible
for 5D% of the utilities charges for the term of the agreement.
19. 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; and
2D. The Landlord will provide the Tenant with full access to all parts of the building
during the term of this Agreement; and
21.lf the Tenant is not in default of this Agreement, the Tenant shall have the right to
extend the Term of this Agreement for a further period of two years subject to the
approval of the Municipality of Clarington Emergency Services Department. Such
right shall be exercisable by written notice from the Tenant to the Landlord given no
later than 18D days before the expiration of the initial term; and
22. The Landlord covenants with the Tenant for quiet enjoyment; and
23. Both parties shall have the right to cancel this Agreement at any time during the
Term by giving the other party no less than three months prior written notice of
termination; and
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Schedule "A"
AGREEMENT
Page 3 of 3
24. The Landlord agrees to provide liability insurance coverage to the Board and its
volunteers while this agreement is in place.
25. Rieht 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 request from the Landlord written approval of any sublease
proposed, approval of which will not be unreasonably withheld.
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. Notices
Any notice, demand, request, consent or other instrument ("Notice") which may be
or is required to be given under this lease shall be in writing and shall be delivered in
person or sent by registered mail postage prepaid addressed (i) if to the Landlord,
Municipality of Clarington, 40 Temperance Street, Bowmanville, Ontario, L 1C 3A6,
Attention: Lou Ann Birkett and (ii) to the clo Chair, Kendal Community Center, 6742
Regional Road 42, Kendal, Ontario, LOA 1 JO at the Landlords option. Any such
Notice shall be deemed to have been given and received the day upon which
personal delivery is made or, if so mailed, then 48 hours following the date of
mailing. Either party may give Notice to the other of any change of address (other
than the Premises) whereupon the address therein specified shall be deemed to be
the address of such party for Notice. If postal service is interrupted or substantially
delayed, all Notices shall be delivered in person as provided above.
IN WITNESS WHEREOF the Tenant has hereto affixed its corporate seal duly attested
by the hands of its proper officers in that behalf and the Landlord has hereto affixed its
corporate seal duly attested by the hands of its Mayor and Clerk.
SIGNED, SEALED AND DELIVERED THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
By:
Jim Abernethy, Mayor
And:
Patti L. Barrie, Clerk
THE KENDAL COMMUNITY CENTRE
By: O~ L/1
c: )
/
And:
H'.I f IV,! S - f\t ;:<1 > r.li 1', r.':
Schedule "B"
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 Kendal
Community Association for the lease of Kendal Community
Centre, 6742 Regional Road 18.
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, Kendal Community Association, of Kendal, 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
,2007.
By-law read a third time and finally passed this day of
,2007.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk