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HomeMy WebLinkAboutADMIN-21-976y . THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT ~,--,~ Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File #~/~ ~-~~~ Date: MAY 20, 1997 Res. # C-~A-.3~"9 7 By-Law # ~~~~ Report #: AiIMiN_21.,~jjle #: Subject: OSHAWA/CLARINGTON ASSOCIATION FOR COMMUNITY LIVING Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report No. ADMIN-21-97 be received; 2. THAT the lease agreement with the Oshawa/Clarington Association for Community Living (former Probation Office) in the amount of $665.00 per month for a five year term be approved; 3. THAT the lease agreement with the Oshawa/ClaringtonAsociation for Community Living for the use of the apparatus bay for a five year term be approved in principle with the first year free only of utility and space charges; 4. THAT the Youth Committee and AdHoc Committee for Youth be advised of Council's direction; and 5. THAT the attached By-Law marked Attachment No. 1 be approved authorizing the Mayor and Clerk to execute the necessary agreement. 1.0 BACKGROUND: 1.1 Further to the correspondence received at Council on Monday, April 28, 1997 (Attachment No. 2), staff have been meeting with representatives from the "Clarington Project" since last Fall to review available space for their program. The first building wuld not accommodate the program requirements nor comply with existing zoning regulations. 1.2 The Ontario Government Services informed staff in January of their intention to terminate the lease with regard to the Probation Offices on the main floor of the Fire/Court Building. As the Fire/Court Building is one of the sites being considered for an Older Adults Centre, staff have not been able to proceed with any formal discussions with any perspective tenants. ../2 ~:P. ~®° c~,. ~ 131 ~ ,:, R 1,3 AA~N-?-97 -Z• l4JtY fac 7Ud!!t}' :: Living reeetttly and'. base been advised: that they require apace 3mm6diately €or' their ~ Qami,~~rative ~yup~s. The €oimer probation o€fices would luec the f~ . ~ Assoulati~nx for Community. Laving. ZA . LEASE ARHANGEMEI+FT • PRt?&1TLt?N t'1~'FICES: 2.1 The immediate. need is to e:geedte an agreement far the use>o€ the grion office area. ;. 2.2 The area in question is 8441 square.feet. Previously the Misiatry of C~tnrerm~nt Sergi was paY#ng $1~QO per square foot which inctuded utilities, janitorial and dat`ly 2.3 ` In all renegotiated leases, staff are attompts-g to decaease oprpot~ate acsits a~ trass€er`daily operational needs {ie. maintenance needs) to the tenant. Thsa has been close whh St. Joint and the Courtier Community Complex ' 2.4 The proposed fce is $9.50 per square foot which incorporates a base operatisag rate and a base rental rate. This: represents a fatal ausual fee of 59,98(kOfl or $G6541e a mouth. The proposed lease: is effective June -1,1997 and capires May 31, 2f-f12. A provision is provided for an inflationary cast escalation clause. The proposed lease also oontainB a pravision:that both the ie~or and lessee shall :have the right to cancxl the agreement h3 giving the other parry three moths written notice of csacelEation. Staff feet that the prco~ed rate is ' reasamable and the terms and canditior~ be accepted. 3.0` APPARA't'[7S BAY • FI1tEJCUiJRT B[7II,DI`iG: 3.1 The apparatus bay and adjat areas have been offered to the ~Yauth-esarllr.iast:year as directed by Council. The Youffi have beoa:bafore Council regarding.cbe.Adhoc Committee ' for Youth Report and: mere given. further ditedion late in 1996.: Ta date as fesrmal response has been received from the AdHoc Committee for Youth. 3.2 The Oshawa/ Qaringtoa Association for Community Living is atao the. wise of the apparatus bay and adjacent. areas. The suggested program would to an activity centre which would include recreatios/leisure, vocational. training, sal devetrqunent, education, career planning etc. during the day and have indicated an in#erest itt ~ with . .youth a~ivitiea in the evenings and sveelaenda. 3.3 As Council has offered the apparatus baya~to the Routh free a€ c~arrge, it is suggested that CUUACIl e7[tend the Same O€fer to tllia gtallp;providedthat they pmmde a~istance With oo-.:.. . or~nadon. and support; to youth activities ~r a period of one year. 3.4 As the O.C.A.C.L. has requested a long term commitment,. staff are rec47~nteadutg. that a one-year agreement be acsoepted with mx dtarge other than grating ce rata anti than negotiation for a longer term be considered after a full review Whth the Youth Coutxal and Municipal Staff..., ••/2' r 1:313 ~~. ,~, ' , >i,ORT AI?MIiH 21-9? ~ 3 - MAX ~,1~97 ' 3S. Specific details a# the lease agreement woi be revievwesl by tltes re tiac of fire O.G.A.C.I,., AdHoc Committee for Youth,: Clarirtgtoa Youth Committee a~ilor the ClaringWa Youth Council. 3,b It would be advantageous to the operation of a Youth Centre that the John Howard Society , be part of any proposal involving the co-a~dit-atioa of Youth activities. 3.7 It is understood that in any agreement, the tenant would be r €or all daily operational needsincluding light replacement; janitorial services ands etc.. 3.g Thin agrcemeat would come into effect September 1, 1997 and. e~ire Ault 30, 7#1il2. 4.4 YUUTFI: 4,1 Staff=have spoken with..the Claringtoa Youth Commtteewho have eapress~l}iaterest is working with this group. ,., A.2 5taff has also spoken with representatives from the AdHoe Committee for Youth:who also expressed as interest in discussing the opporEUaity far. any partnering thatwould assist Youth development in the Municipality. Respectfull}+ suhmid Reviewed by, l?reder ~1~~~Y~~ ath,;RD.M.R, R.R.F.A. W. H. Stockwell, property M~geT Chief ative EYfheesr- FHsa '~ ~~~'~ ATTACHMENT N0.1 TO REPORT NO. ADMIN-21-97 COUNCIL DIRECTION D-7 ,- The Osha~~a/Claringmr, ~~ asutciation titr Communih~ l.it~in~ April 18, 1997 Municipality of Clarington C/O Mayor and Council 40 Temperance Street Bowmanville, Ontario L1C 3A6 Dear Mayor and Council ~` APR 2 1 1897 .~~iR1lCIfALiTv Of Cir1Ri;1~3TOPt MAYOR'S fl"rrIGE 39 Wellington St. East Oshawa, Ontario L1H 3Y1 "I 21: (905) 576-3011 Fax: (905) 576-9754 r =. ~ :,._ Co,. n ~ y .~niy I am writing to you on behalf of the Clarington Project. We are presently looking for a location to nm a local activity centre which will involve the whole community at some level, for people who have developmental disabilities. Please fmd enclosed ut this package a brief that will tell you more about the Project and its initiative. Our Project is very awaze of the need to work together «'ith the community to share resources and provide the opportunities and solutions to the issues facing the citizens of Clarington. We have worked very hard to foetor relationships with the community and its agencies and there has been some very exciting results. We have explored a potential partnership with Social Service, OCACL's Community Options Employment Program and two other employment related agencies to open and shaze an Employment Resource Centre in Clarington. Unfortunately Social Services have a strick time frame to adhere to and the opportunity will be lost unless we can secure a location quickly. This location will in some way be tied to the Community Centre initiative. The staff of the Mtuticipality that I have had been fortune enough to connect with have offered support in exploring options available within the Municipality. The latest location discussed is the Old Fire Hall on Church Street. I have met with Fred Horvath on a two occasions to discuss and tour the building. Fred has been assisting us in exploring this location as a potential for our centre and the Employment Resource Centre. The Building has approximately 800 sq. fr. of office space which could be used as the Employment Centre. The Fire Hall bays could be modified slightly to offer space for the activity centre. Together we see this as an ideal location for our initiative. In tight of our time constraints we need to move our request forward to the Municipality on a more formal basis. We would appreciate the opportunity to negotiate further the use of this location. Should you have any questions I can be reached at the following numbers: (905)623-2989 or (905)576-3261 EXT. 309. Respectfully yours, ~~`~ c~~ Tern Gray ~ Clarington Project StV~, O.C.AC.L. Community Support Co-ordinator SUPYpAICp qy Y~~ I lJnited Way -~ ,~ ~ L ( \! 1 ~ t i ~~ Z ~" i i ~ i ? 1 ~ ~, 131 Y . = C/ ARINGTON PRO./EC'%' OSHA [i~A/CLAR/NGTON ASSOC7A7 /ON FOR COMMUN/TY /./V/NG ADDITIONAL INFORMATION: WHAT IS THE CLARINGTON PROJECT The projcci is a partnership made up ofconccmcd communih ntombers including: • Individuals with dcvclopntental disabilities • Famih utembcrs of individuals with decclopntcntal disabilities • A Municipal Counsellor • A Public School Board Tntslcc • Member of the Friendship Club • Localdevelopcr • Mentbcr of local Service Club • Oshawa/Claringlon Association for Conuuuniq Living WHY DOES THE PROJECT EXIST • The Claringlon Project was originally initiated due to the lack of supports and services available locally to people with devciopntcntal disabilities and their families living in Claringlon • The lack of supports in Clarington is recognized by Oshawa/Clarington Association for Conununit}~ Living (the agency mandated to provide services to people with developmental disabilities living in Claringlon). • Resources are concentrated in the Oshawa core • Cutbacks in funding have eroded O.C.A.C.L. programs making it difficult to reallocate existing resources to Clarington • The Claringlon Project was formed to provide a framework for an integrated community that enhances the lifestyle of people wish developmental challenges in Claringlon • There is an expectation Gom our cutTCnt govcrntncnt that local conuuunitics become invoh~ed in creating solutions to communih issues ISSUES FACING PEOPLE WITH DEVELOPMENTAL DISABILITIES IN CLARINGTON • Transportation • Education • Conununication • Housing • Supports For Daily Living • Pcrsan's Who Don't Fit Services The Cla rington Project 23 Scugog Street, eowmanville, Ontario L1C 3M7 (905) 623-2989 FAX 623.0704 1316 . Ji~ian the (7nrinelnrt YrnicN (n. ABOUT THE PROJECT TEAMS • The project held a successful Coaununih• Forwn on June 28, I99G im icing the conununity to be directly involved in creating solutions to the issues mentioned above • Ovcr the su[nnrer oC I99G teams ncrc assembled to start working on the solutions to the issues • The working [cams have engaged in planning and sonic arc no~c at action stages of the plans • A second Conununity Forum was held in October 1996 to provide an update to all initiatives and continue to keep the conununih• imoh•ed in the process of creating the solutions CURRENT INITIATIVE The project is engaging in endeavows that will allow a Clarington Activity Centre to be opened in the spring of 1997. The Cenlrc will provide individuals kith devclopmcntal disabilities the following supports: • Day supports • Rccrcation/Icisurc • Vocational training • Skill derclopment • Education • Carccr plam»ng OTHER FUNDING SOURCES • Uscr Fccs • Fundraising with Scn•icc Clubs. Nevada Tickets, and other endcavows • O,C.A.C.L. Program Support (startl-ing) • Private and Corporate Sponsors • Appropriate Funding Programs as they become available ie. Trillium HIGHLfGHTS • More than 67 families have been idcntiScd as needing supports and services locally • The support Cor a daih_ living [cam has been acticeh searching for a location for the centre • Through partnerships the centre will utilize conmwniq• resources and activities including volunteers, recreation programs, education programs. local businesses, transit. and scn•ice clubs • O.C.A.C.L. has been a primary sponsor oCthe project and has conmmi[tcd stafCresourccs to enswe that the project is successful The Clarington Project 23 Scugog Street, Bowmanville, Ontario L7C 3H7 1905) 623.2989 FAX 623-0704 1317 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 97- Being a By-law to authorize [he execution of a Leasing Agreement between the Corporation of the Municipality of Clarington and Oshawa/Clazington Adult Living Association in respect of a lease for premises situated at 132 Church Street (Main Level), Bowmanville THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT [he Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington with the Corporation Seal, a Leasing Agrcement with Oshawa/Clarington Adult Living Association and said Corporation. 2. 'I'I IA'I' this agreement atWChed hereto ns Schedule "A" limn part of this By-law By-law read a first and second time this day of May, 1997. By-law read a third time and finally passed this day of May, 1997. Mayor Clerk 1318 ~. ,~ i p ~. s 3 THIS LEASE dated as of the _ day of 1997, in pursuance of the Short Forms of Leases Act BETWEEN: The Corporation of the Municipality of Clarington (hereinafer called the "Landlord") and - Oshawa/Clarington Adult Living Association (hereinafter called the "Tenant") WHEREAS the Landlord has agreed to ]ease to the Tenant and the Tenant has agreed to lease from the Landlord the area containing approximately 840 square feet located in the upper level of the building known as the Fire and Court Building, 132 Church Street, Bowmanville, Municipally of Clarington, Regional Municipality of Durham (the "Premises"). NOW THEREFORE THIS LEASE WITNESSES that in consideration of the rents, covenants and agreements hereinafter reserved and contained on [he part of [he Landlord and the Tenant, the Landlord leases to [he Tenant, and the Tenant leases from the Landlord, the Premises on the following terms and conditions: 1. Term (a) The Tenant shall have and hold as tenant for a term of five (5) year commencing June 1, 1997 and ending May 31, 2002 (hereinafer called the 'Term"). 2. Use The Tenant shall continuously occupy the Premises throughout the Term, subject to and in accordance with the provisions of this Lease, solely for uses permitted by law and for no other use or purpose. The Tenant shall not commit or suffer or permit to be committed (i) any waste or damage, disfiguration or injury to the Premises or the improvements, installations, fixtures and equipment thereon and (ii) any nuisance in, at or on the Premises. 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 polity on the Premises or any part of it. 1319 z- 3. Basic Rent During [he Term, the Tenant shall pay [o the landlord annual minimum rent ("Basic Rent") in an amount equal to (i) Six hundred and sixty five ($665.00) per month subject to increase as provided herein for the balance of [he Term. Basic Rent shall be payable in monthly instalments, each payable on the first day of each month, provided that should the Term commence or terminate on a date other than the first day of a month, the Tenant shall pay to the Landlord for that month a pro rata portion of said monthly payment. Basic Rent shall be considered as accruing from day to day and where it becomes necessary for any reason to calculate rent for an irregular period of less than one year or less than one calendar month, an appropriate appor[ionntent and adjustment shall be made. On the 1st day of June of each year of the Term, after the commencement thereof the Basic Rent shall increase to an amount equal the Basic Rent for the previous month by a fraction which has as its numerator the Consumer Price Index (Ontario) (The "C.P.I.") for the preceding April and as its denominator the C.P.I. for April twelve (1_') months prior. The Landlord shall advise the Tenant in writing no later than the 1st of March of each year as [o the amount of such increase in Basic Rent. 4. Lessor's Responsibilities The Lessor acknowledges covenants and agrees to: i) operation, maintenance and repairs to heating ventilation and air conditioning equipment; ii) to provide all utilities to [he designated area, including hot and cold water, gas, electricity and sewer charges; iii) snow removal and exterior maintenance; iv) costs of any repairs [o [he structural envelope of the building; and v) annual inspection of fire safety equipment in accordance with applicable codes and regulations. 5. Repairs and Maintenance The Tenant hereby accepts the Premises on an "as is" basis. The Tenant, a[ its own expense, shall maintain and keep the Premises and every part thereof, in good working order and condition and promptly make all needed maintenance, repairs and replacements as would a prudent owner of similar premises (reasonable wear and tear and damage by fire, lightning and tempest and structural defects only excepted). The Tenant shall keep [he ,; Premises clean and in such condition as a prudent owner would do. If structural repairs or replacements to the roof, foundation or load bearing walls or the heating equipment of the Premises are required during the Term, then [he Landlord shall be obligated, at its expense, - to effect such repairs or replacements. The Tenant covenants with the Landlord to leave the Premises in as good repair as the Premises were at the commencement of the Term. Alterations (a) If the Tenant, during [he Terms of this Lease or any renewal of it, 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, a[ any time and from lime to 6me, if the following conditions aze met: 320 -3- (i) before undertaking any alteration or addition the Tenant shall submit [o 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 [he plan, and the Landlord shall not unreasonably or azbitrarily withhold its approval and items included in the plan which are regarded by the Tenant as "Trade Fixtures" shall be designated as sun on the plan; and (ii) any and all alterations or additions to the Premises made by the Tenant must comply with all applicable building code standards and by-laws of the municipality in which [he Premises are located. (b) The Tenant shall be responsible for and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require [o be made in, on or to the Premises. (c) No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenant's behalf, on any part of the inside or outside of the building in which the Premises are located unless the sign, advertisement or notice has been approved in every respect by the landlord. (d) All alterations and additions to the Premises made by or on behalf of the Tenant, other than the Tenant's Trade Fixtures, shall immediately become [he property of the Landlord without compensation to the Tenant. (e) The Tenant agrees, at his own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance [ha[ may be registered against the Landlord's property in connection with any additions or alterations to the Premises made by the Tenant or in connexion with any other activity of the Tenant. 7. Insurance and Indemnification (a) The Tenant covenants to keep the landlord indemnified against all claims and demands whatsoever by any person, whether in respect of damage [o person or property, arising out of or occasioned by the maintenance, use or occupancy of the Premises or the subletting or assignment of same or any part thereof. And the Tenant further covenants to indemnify the Landlord with respect to any encumbrance on or damage [o the Premises occasioned by or arising from the act, default, or negligence of the Tenant, its officers, agents, servants, employees, contractors, customers, invitees or licensees and the Tenant agrees that the foregoing indemnity shall survive the termination of this Lease notwithstanding any provisi ins of this Lease to the contrary. (b) The Tenant shall carry: (i) insurance in his own name to provide coverage with respex to the risk of business interruption to an extend sufficient to allow the Tenon[ to meet his ongoing obligations to the Landlord and to protect the Tenant against loss of revenues: -- (ii) insurance in his own name insuring against the risk of damage to the Tenant's property within the Premises caused by fire or other perils and the policy shall provide for coverage on a replacement cost basis to protect the Tenant's stock-in-trade, equipment, Trade Fixtures, decorations and improvement; and (iii) public liability and property damage insurance in the amount of Two Million - Dollars ($2,000,000.00) inwhich polirythe Landlord shall be a named insured and the policy shall include across-liability endorsement; 1321 -4- and the Tenant shall provide the Landlord with a copy of the policy certified by the insurer. 8. Damaee and Des[ruaion If the Premises are destroyed or damaged by fire, lightning, tempest or other casualty, then and in every such event if, in the opinion of the Landlord's architect, the damage or destruction of such Building renders the whole or any substantial par[ of the said Building unfit for ocuupanry or impossible or unsafe for use and occupancy or impossible for the Tenant to continue to carry on its business, either the Landlord or the Tenant may at its option, terminate this Lease by giving to the other notice in writing of such termination, in ' which event, this Lease and the Term shall cease and be at an end as of the date of such destruction or damage, and the rent and all other payments for which the Tenant is liable under the terms of this IRase shall be apportioned and paid in full to the date of such destruction or damage; Quiet Enjoyment The Landlord covenants with the Tenant for quiet enjoyment. 10. Government Requirements The Tenant shall, at its sole cost and expense, during the Term: (a) observe and comply with all applicable governmental laws and regulations including, without limitation, federal and provincial legislative enactments, Building by-laws and other governmental or municipal regulations which relate to the Premises or the partitioning, equipment, operation and use thereof and to the maldng of any repairs, replacements, alterations, additions, changes, substitutions or improvements of or to the Premises. The Tenant shall comply with all police, fire and sanitary regulations imposed by any federal, provincial or municipal authorities, or made by insurance underwriters and shall observe all governmental and municipal regulations and other requirements governing the conduct of any business conducted in [he Premises; (b) obtain all necessary permits, licenses and approvals relating [o the use and occupancy of the Premises and the conduct of business therein; and (c) carry out all modifications, alterations or changes to the Premises and the Tenant's conduct of business in or use of the Premises which aze required by any such authorities. The Tenant shall indemnity and hold the Landlord harmless against any penalty or fine imposed for any violation of any law, by-law or regulation by the Tenant or those for whom the Tenant is in law responsible. 1]. Default - The following events ("Events of Default") shall be deemed a default (a "default") under this Lease: (a) If the Tenant fails to pay any instalment of Basic Rent promptly when due or additional rent hereunder ("Additional Rent") no later than five (5) days following the respective due date; 1322 -5- (b) If the Tenant fails to observe or perform any other term, covenant, condition or obligation under this Lease that is capable of remedy other than a default in the payment of Basic Rent or Additional Rent, and such default remains unremedied after thirty (30) days following written notice from [he Landlord to [he Tenant specifying such default and requiring the Tenant [o remedy the default; (c) If the Tenant fails to observe and perform any other term, covenant, conditions or obligation under this Lease that is not capable of remedy other than a default in the payment of Basic Rent or Additional Rent and the Tenant receives written notice from the Landlord specifying such default; (d) If the Tenant makes an assignment for [he benefit of its creditors generally, or if the Tenon[ is declared bankrupt or insolvent, of ff a petition in bankruptcy is filed against the Tenant, or if the Tenon[ files an assignment in bankruptcy or takes or attempts [o take the advantage of any legislation for relief of bankrupt or insolvent debtors, or if a receiver or a receiver and manager is appointed for all or a portion of the Tenant's property, or if any steps are taken or any action or proceedings are instituted by the Tenant or by any other party including, without limitation, any court or governmental body of competent jurisdiction for the dissolution, winding-up or liquidation of the Tenant or its assets, unless such proceeding be set aside, discharged or abandoned within fourteen (14) days. For the purposes of this Subsection, "Tenant" shall mean [he Tenant and any person carrying on business in or occupying the whole or any part of the Premises; (e) If, the Tenant makes or attempts to make any bulk sale of any of its assets situated in [he Premises in contravention of the provisions of this Lease, or if any Tenant sells, disposes, removes or attempts [o remove from the Premises a part of its trade - fixtures, furniture, improvements, chattels or goods other than in the normal course of business so that there would in the event of such sale, disposal or removal be sufficient trade factures, furniture, improvements, chattels or goods of the Tenant on the Premises subject to distress to satisfy all rent due or accruing hereunder for a period of at least twelve (12) months; or (f) If the Premises becomes and remains vacant for a period of five (5) consecutive days. Upon an Event of Default, the full amount of Basic Rent and Additional Rent then owing and the current month's Basic Rent and Additional Rent together with the next ensuing three (3)months instalments of Basic Rent and Additional Rent shall immediately become due and payable unless the Landlord gives written nofice to the Tenon[ to the contrary. 12. Right of Re-End Upon an Event of Default and at the opinion of the Landlord, the Landlord, in addition to any other remedy or right it may have, and without notice or any form of legal process, may forthwith re-enter upon and take possession of [he Premises without thereby terminating this Lease and remove and sell the Tenant's goods, chattels, equipment and trade fixtures therefrom, any rule of law or equity to the contrary notwithstanding. The Landlord may seize and sell such goods, chattels, equipment and trade fixtures of the Tenant as are in the Premises and may apply the proceeds thereof to all rent and other payments to which the Landlord is then entitled under this Lease. Any such sale maybe effected in the discretion of the Landlord by public auction or otherwise, and either in bulk or by individual item, or partly by one means and party 6y another, all as the Landlord in its sole discretion may decide. If any of the Tenant's property is disposed of as provided in this Section, ten (10) days prior notice to the Tenant of disposition shall be deemed to be commercially reasonable. 1323 6- 13. Rieht of Termination In addition to a]I rights and remedies of the Landlord available to it by any provision of this Lease or given by law to the Landlord, the Tenant agrees that upon an Event of Default the Landlord shall have the right to terminate this Lease upon notice in writing to the Tenant. Upon such notice, this Lease shall terminate immediately without the necessity of any legal proceeding whatsoever. The Tenant shall thereupon within three (3) days quit and surrender the Premises to the Landlord, or if not yet in possession, [he Tenant shall no longer have any right to possession of [he Premises, and the Landlord, its agents and servants, shall have the tight to enter [he Premises and dispossess the Tenant and remove any persons or property therefrom without the necessity of legal proceeding whatsoever and without being liable to the Tenant therefor in damages, or otherwise. Either party shall have the right to cancel this Lease at any time during the term by giving the other party no less than three (3) month prior written notice of termination. 14. Rieht to Ae-let etc If the Landlord re-enters pursuant to the provisions of either this Lease or any applicable law, the Landlord, without limiting its right to recover damages, may either terminate this Lease under tltis section or it may from time to time without terminating the Tenant's obligations under [his Lease, make any alterations and repairs considered necessary by the Landlord [o facilitate a reletting and relet [he Premises or any part [hereof as agent of the Tenant for such term or terms and a[ such rental or rentals and upon such other terms and conditions as the Landlord in its reasonable discretion considers advisable. Upon each reletting, all rent and other moneys received by the Landlord from the reletting will be applied (i) [o [he payment of indebtedness other than rent due hereunder from the Tenant to the Landlord (ii) to the payment of costs and expenses of the reletting including brokerage fees, legal fees and costs of the alterations and repairs and (iii) to the payment of rent due and unpaid hereunder. The residue, if any, will be held by [he Landlord and applied in payment of future rent as i[ becomes due and payable. If the rent received from the reletting during a month is less than the rent to be paid during that month by the Tenant, [he Tenant shall pay the deficiency to the Landlord. The deficiency shall be calculated by the Landlord and paid monthly in advance on or before the first day of every month by the Tenant. No re-entry by the Landlord shall be construed as an election on its par[ [o terminate this Lease unless a written notice of that intention is given to the Tenant. Despite a reletting without termination, the landlord may elect a[ any time to terminate this Lease for a previous breach. I5. Damanes . ~. If the Landlord shall terminate this Lease as provided herein, the Tenant shall pay to the landlord on demand, rent hereunder up to the time of re-entry or termination, whichever shall be the later. 16. Separate Remedies The Landlord may from time to time resort to any or all of the rights and remedies available to it upon an Event of Default, either by any provision of this Lease or by statute or the general law, all of which rights and remedies are intended to be cumulative and not alternative and may be exercised generally or in combination. 1324 -7- 17. Waiver (a) Notwithstanding anything contained in any statute now or hereafrer in force limiting or abrogating the right of distress, none of the goods, chattels or trade fixtures of the Tenant on the Premises at any time during the Tenn shall be exempt from Iery by distress for rent in arrears, and if any claim is made for such exemption by the Tenant or if a distress is made by the Landlord of if any action is brought to test the right of the Landlord to lery upon any such goods as are so exempted, this Lease may be pleaded as an estoppel against the Tenant, the Tenant hereby waiving each and every benefit that could or might have accrued to the Tenant under and by virtue of any such statute by for this Lease. (b) Failure of the Landlord to insist upon the performance of any covenantor condition of this Lcase or to exercise any right or option contained in this Lease shall not be construed as a waiver or relinquishment of any such covenant, conditions, right or option or of any subsequent breach of the same. No variation or waiver of any covenant or condition of this Lease shall be valid unless in writing and signed by duly authorized persons on behalf of the Landlord. - 18. venants Every obligation of the Landlord or the Tenant expressed in this Lease, even though not expressed as a covenant, shall be a covenant for all purposes. The Tenant acknowledges that it shall have no right [o any benefit of division or discussion. 19. Time of Essence Time shall be of the essence in all respects hereunder. 20. Enforceability If any term, covenant or condition of this Lease or the application thereof to any person or circumstance is to any extent held or rendered invalid, unenforceable or illegal, the remainder of this Lease or [he application of such term, covenant or conditions to persons or circumstances other than those with respect to which it is held invalid, unenforceable or illegal is not affected thereby and continues to be applicable and enforceable [o the fullest extent permitted by law. 21. Notices Any notice that one party hereto may desire or be required to give to the other party hereto shall for all purposes be deemed to have been sufficiently and properly given, if delivered personally or forwarded by registered mail and addressed in the case of the Landlord to: 40 Temperance Street, Bowmanville, Ontario, LIC 3A6 and in the case of the Tenant to the Premises and shall be presumed to have been received -- on the date of delivery, if. delivered personally, or if forwarded by registered mail on the third business day fallowing such mailing. Any notice shall be in writing, except as expressly otherwise provided herein, and shall be given only by delivery as aforesaid in the event of post intermption. 1J~ 'g- 22. Parkin S aces The Lessor shall provide four (4) parking passes for the use of [he Tenon[. 23. Enurement This Lease and everything herein contained shall enure to the benefit of and be binding upon the parties hereto their successors and permitted assigns respectively. IN WITNESS WHEREOF the parties have duly executed and unconditionally delivered this Lease as of the date first above written. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON By: Diane Hamre, Mayor And: Patti L. Barrie, Clerk OSHAWA/CLARINGTON ADULT LIVING ASSOCIATION By: And: 1326