HomeMy WebLinkAbout2010-020THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2010-020
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 15~ day of March, 2010.
By-law read a third time and finally passed this 15~ day of March, 2010.
LEASE EXTENSION AND AMENDING AGREEMENT
THIS AGREEMENT made in quadruplicate as of the loth March 2010.
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
A. By a Lease Agreement dated March 7th, 2008 (the "Original Lease'), the Landlord
leased unto The John Howard Society (the 'Tenant") for a term of one (1) year
commencing January 1~, 2008 and ending December 315, 2008 (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").
B. 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;
C. The parties hereto have agreed that the terms and conditions 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(a) hereof), unless terminated earlier as provided below.
D. The Mayor and the Municipal Clerk of the Lessor are authorized to execute this
Lease Amending Agreement on behalf of the Lessor by By-law 2010-020 passed by the
Council of the Lessor at its regular meeting on March 1, 2010,
NOW THEREFORE THIS AGREEMENT WITNESSES THAT inconsideration 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. Tenn
Section 1. (a) of the Lease is deleted and replaced with the following:
(a) Term
The term of this Lease shall commence on January 1, 2010 (the "Commencement
Date") and shall terminate on December 31 2010 ("Second Extension").
t.~c ~, e.. a,; ec r ~c.ns jo~m i z~rt, .~.~et .?s: -0 3ease a,~ "~-s Ie2~e c~#cns-an > . 3.daa
5. Rent
Section 5 of the lease is deleted and replaced with the following:
5. Rent
a) The rent reserved by the Lessor from the Demised Premises is Thirteen
Thousand Ninety Nine Dollars and Eight Cents ($13,099.08) ("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 One
Thousand Ninety One Dollars and Fifty Nine Cents ($1,091.59) each, in advance,
with the first instalment being due and payable on the Commencement Date."
b) PST and GST and/or HST
i) Without derogating from any other provision of this Lease, the Tenant
shall be responsible for the payment of the Goods and Services Tax or
Harmonized Sales Tax (HST) where applicable in respect to and in
addition to the Rent required to be paid to the Landlord under this Lease.
ii) In respect of goods and services sold by the Tenant or any person
claiming or acting through, under or with the permission of the Tenant any
commodity taxes applicable are the responsibility of the Tenant.
iii) This lease will be governed by all existing and future Federal, Provincial
and Municipal Acts, By-laws and/or policies or revisions thereto.
1) 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.
IN WITNESS WHEREOF the Lessee and the Lessor have duly executed and
unconditionally delivered this Lease as of the date first written.
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
-_- _
Jim b eth ors - _ _
C. Anne Greeniree, Deputy Cferk
We have the authority to bind the Corporation
THE
By:
Anc
We have the authority to bind the Corporation
..~ s.s ayr~2n4 iGi}„r-: ~~~ ~arii ,c~<~i} n )IW-esa ~1 ,jF, 'eas cx e.7>ic:: ?.,D.eac