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HomeMy WebLinkAbout2007-137 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2007-137 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 11 th day of June, 2007. By-law read a third time and finally passed this 11th day of June, 2007. -::::::::----- ~yor Schedule "A" AGREEMENT - REVISED Page 1 of 3 THIS AGREEMENT made the 18th day of June 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 151 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 / or the heating equipment are needed, then the landlord shall be obligated at their expense to affect such repairs or replacements. Schedule "A" AGREEMENT - REVISED Page 2 of 3 1 O.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.AII 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 25% of the utilities charges and an additional 25% from general Municipal funds 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 20. 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 180 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 Schedule "A" AGREEMENT - REVISED 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. 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 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 1 C 3A6, Attention: Lou Ann Birkett and (ii) to the c/o Chair, Kendal Community Center, 6742 Regional Road 42, Kendal, Ontario, LOA 1JO 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: THE KENDAL COMMUNITY CENTRE . ~ 12 By: ,) --v>., "/ 't: ' - And: