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HomeMy WebLinkAbout2009-020THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2009-020 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 leased 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 Schedule "A" form part of this By-law. By-law read a first and second time this 9~h day of February, 2009. By-law read a third time and finally passed this 9~' day of February, 2009. _ - . e ayor• ~-. __ - - - ~'- `~ `- - ~ ~.~ ~ i, i. "-~~_ Patti arri unicipal Clerk • ~~ LEASE EXTENSION AND AMENDING AGREEMENT 16th March THIS AGREEMENT made in quadruplicate as of the ~ 2009. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called the "Landlord") OF THE FIRST PART - and - THE JOHN HOWARD SOCIETY a corporation incorporated under the laws of the Province of Ontario (hereinafter called the "Tenant") OF THE SECOND PART WHEREAS by a Lease Agreement dated March 7th, 2008 (the "Original Lease"), the Landlord lease unto The John Howard Society (the "Tenant") for a term of one (1) year commencing January 15`, 2009 and ending December 315, 2009 (the "Term'), the premises more particularly described as comprising the administrative areas, the former apparatus bay, courtroom #2 and adjacent office (the "Leased Area"), in the building municipally known as the Fire and Court Building (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 one (1) year commencing on January 15t, 2009 and ending on December 315, 2009 (the "First Extension Term"), at a Net Rent of $13,072.92 (thirteen thousand, seventy two dollars and ninety two cents) per annum which shall be payable in equal consecutive monthly instalments of $1,089.41 (one thousand, eighty nine dollars and forty one cents) in advance, on the first calendar month of the term commencing on the wmmencement date. 3) 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. 4) 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. 5) This Agreement shall not be binding upon the Tenant until it has been executed by or on behalf of the Tenant. 6) 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. 7) The provisions of this Agreement shall be interpreted and governed by the laws of the Province of Ontario. 8) This Agreement shall be binding upon and enure to the benefit of the administrators, successors and / or assigns of the respective parties hereto. IN WITNESS WHEREOF the parties hereto have executed this Agreement. SIGNED, SEALED AND DELIVERED THE JObFN FU0WAFID SOCIETY ... ~ ;~ , r.,. ,. _.. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON