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HomeMy WebLinkAbout2009-086THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2009-086 Being a By-law to authorize an agreement between the Corporation of the Municipality of Clarington and Lions Club, Bowmanville, Ontario, to enter into agreement for the leased space at 26 Beech 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, an agreement between Lions Club, Bowmanville, Ontario, and said Corporation; and 2. THAT the agreement attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this isday of June, 2009. By-law read a third time and finally passed this i5 day of June, 2009. __-_ _ , rr~ ayor - .:: _ s, - i . - ~- - t'( ~}-- arre unicipal Cie~k THIS LEASE AMENDING AGREEMENT made as of the 26th day of June, 2009. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called the "Lessor") OF THE FIRST PART - and - THE LIONS CLUB OF BOWMANVILLE, ONTARIO, a company incorporation under the laws of the Province of Ontario (hereinafter called the "Lessee") OF THE SECOND PART WHEREAS: A. By Lease dated August 17, 2007, the Lessor leased the "Demised Premises" (as defined therein) to the Lessee for a term which commenced on September 1, 2007 and expired on June 3Q 2008 (°Lease"). B. AND WHEREAS, The Lessor and the Lessee agreed to extend the Term by way of a Lease Amending Agreement dated July 14, 2008 (the "First Extension Agreement") for One (1) further term Commencing on September 1, 2008 and ending on June 30, 2009 (the "First Extension Tem"), in addition to other terms and conditions as set out therein; C. The parties hereto have agreed that the terms and wnditions of the Lease as amended by this Lease Amending Agreement shall continue to govern the relationship of the Lessor and the Lessee of the Demised Premises for the "Term" (as defined in section 1.2 hereof), unless terminated earlier as provided below. D. The Mayor and the Municipal Clerk of the Lessor are authori2ed to execute this Lease Amending Agreement on behalf of the Lessor by By-law 2009-086 passed by the Council of the Lessor at its regular meeting on June 15, 2009, NOW THEREFORE WITNESSETH THAT in consideration of the premises and the covenants hereinafter expressed and the sum of Two Dollars ($2.00) of lawful money of Canada now paid by each party to the other (the receipt whereof by each party is hereby acknowledged), the parties hereto covenant and agree to and with each other as follows: 1.2 Term Section 1.2 of the Lease is deleted and replaced with the following: "1.2 Term The term of this Lease shall commence on September 1, 2009 (the `Commencement Date") and shall terminate on June 30, 2010 ("Second Extension"), provided that either the Lessor or the Lessee may terminate the Term of this Lease by giving the other party at least thirty (30) days written notice of termination ending with the last day of the month on which such termination is to have effect." -2- 1.3 Use Section 1.3(c) of the Lease is amended by deleting from the penultimate line of the text the figures and letter "1.4(c)" and replacing them with the figures and letter "1.3(c)". 1.4 Nuisance Section 1.4 is amended by deleting the figures `1.5" and replacing them with the figures "1.4" 2.1 Rent Section 2.1 of the Lease is deleted and replaced with the following: "2.1 Rent The rent reserved by the Lessor from the Demised Premises is Eleven Thousand Six Hundred and Forty-Four Dollars and. Forty-Four Cents ($11,644.44) ("Rent"). Notwithstanding the length of the Term, the Rent reserved hereby shall be due and payable by the Lessee to the Lessor in twelve equal monthly instalments of Nine Hundred and Seventy Dollars and Thirty-Seven Cents ($970.37) each, in advance, with the first instalment being due and payable on the Commencement Date." 2.3 Other Charges Section 2.3(a) is amended by adding after the word "utilities" in the seventh line thereof the words"each as determined and allocated to the Demised Premises by the Lessor's Director of Finance, acting reasonably." 3.1 Overholding No Tacit Renewal Section 10.7 of the Lease is deleted and replaced with the following: "10.7 Overholding No Tacit Renewal If the Lessee remains in possession of the Premises after the end of the Term with the Consent of the Lessor but without having executed and delivered a new lease and Licence, there is no tacit renewal of this Lease and the Term hereby granted, notwithstanding any statutory provisions or legal presumption to the contrary, and the Lessee shall be deemed to be occupying the Demised Premises as a Lessee from month to month at a monthly Rent payable in advance on the first day of each month equal to the amount of the Rent payable each month hereunder, and otherwise, upon the same terms, covenants and conditions as are set forth in this Lease, insofar as they are applicable to a monthly tenancy." 4.1 Article 10 Article 10 of the Lease is amended by adding thereto new Sections 10.15, 10.16 and 10.16A as follows: "10.15 Assignment or Sub-Lease The Lessee covenants with the Lessor that it will not assign this Lease or sub-let the Demised Premises to any person without the prior written consent of the Lessor, which consent may be unreasonably withheld. 10.16 Recitals Recitals A and B of this Lease Amending Agreement are intended to have and shall have the same effect as covenants by each party to the other contained in the operative part of this Lease Amending Agreement. 10.16AEffect of Lease Amending Agreement The provisions of the Lease as amended by this Lease Amending Agreement are intended by the parties to be and shall be in full force and effect, and shall govern the relationship of the parties. Time shall continue to be of the essence of the Lease as amended by this Lease Amending Agreement." -3- IN WITNESS WHEREOF the Lessee and the Lessor have duly executed and unconditionally delivered this Lease as of the date first above written. THE MUNICIPALITY OF CLARINGTON Jim r _ _ _ _ -. ~ - -- - --- ,~ - - - Patti me unicipal CIerR~ . We have the authority to bind the Corporation. THE LIONS CLUB OF BOWMANVILLE, ONTARIO Per: ~~~~r ~ 1 ~ .. ~J-.F..i Lin a_DuffiePresi ent Pe Pe We have the authority to bind the Corporation THIS LEASE AMENDING AGREEMENT made as of this 14"' day of July, 2008. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called the "Lessor") OF THE FIRST PART -and - THE LIONS CLUB OF BOWMANVILLE, ONTARIO, a company incorporation under the laws of the Province of Ontario (hereinafter called the "Lessee") OF THE SECOND PART LEASE AMENDING AGREEMENT