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HomeMy WebLinkAbout2000-176 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2000-17 6 Being a by-law to authorize an agreement between The Corporation of the Municipality of Clarington and the Kendal Community Centre THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Municipal Clerk are hereby authorized to execute, on behalf of the Municipality of Clarington and seal with the Corporation Seal, an agreement between the Kendal Community Centre and the Corporation of the Municipality of Clarington. 2. THAT the agreement attached hereto as Schedule"A" form part of this By-law. BY-LAW read a first and second time this 16th day of October 2000. BY-LAW read a third time and finally passed this 16th day of October 2000. ���'4���M_4 MAYOR �rIPAL ERK -` Schedule"A" AGREEMENT Page 1 of 3 THIS AGREEMENT made the 16th day of October 2000. 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 no later than December 1, 2000 and ending December 1, 2002; 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, two classrooms, corridor, kitchen and three washrooms; and 6. The base rent will be $2.00 per year payable to the Municipality of Clarington on or before January V 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 hereby accepts the premises on an as is basis. The tenant shall maintain and keep the premises and every part thereof in good working order and promptly make all needed maintenance, repairs, and rep;3cernents, as would a prudent owner. Prior to assuming occupancy, the Tenant reEerves the right to inspect the building; and 9. If structural repairs or replacements to the roof, foundation or load bearing walls, building envelope and I or the heating equipment are needeJ, then the landlord shall be obligated at their expense to affect such repairs or replacements. DN:H:WP51 DATA/AGREEM/AKENDAL Schedule"K AGREEMENT Page 2 of 3 10.If 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. The Landlord will ensure that all necessary approvals are in place at the time of occupancy including but limited to Fire Marshall's Act, Liquor Control Act etc; and 15.The Kendal Community Centre Board and the Clarington Fire 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 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 18.The Landlord will provide the Tenant with full access to all parts of the building during the term of this Agreement; and 19.If 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. 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 20.The Landlord covenants with the Tenant for quiet enjoyment; and 21.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 22.Tha Landlord agrees to provide liability insurance coverage to the Board and its vc lunteers 1vhile this agreement is in place; and 23.The Landlord agrees to make available, liability insurance coverage to the group and its volunteers through the group policy established for long term recreational tenants in the amount of$3 million, to be paid for by the Municipality for a maximum of three years. DN:H:WP51 DATA/AGREEM/AKENDAL Schedule"A" AGREEMENT Page 3of3 IN WITNESS THEREOF the parties hereto have caused to be executed those presents by their officers property authorized in that behalf on the day and year first above written. COMPANY THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Tenant Landlord Mayor erk DN:H:WP51DATA/AGREEM/AKENDAL Schedule"A" AGREEMENT Page 3 of 3 25.The Landlord agrees to make available, liability insurance coverage to the group and its volunteers through the group policy established for long term recreational tenants in the amount of$3 million, to be.paid for by the Municipality for a maximum of three years. IN WITNESS THEREOF the parties hereto have caused to be executed those presents by their officers properly authorized in that behalf on the day and year first above written. COMPANY THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON T ant Landlord Mayor Clerk DN:H:WP51 DATA/AGREEM/AKENDAL