Loading...
HomeMy WebLinkAbout2010-021THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2010-021 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Community Living, Oshawa/Clarington, Oshawa, 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 Community Living, Oshawa/Clarington, Oshawa, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "B" form part of this By-law. By-law read a first and second time this 1ST day of March, 2010. By-law read a third time and finally passed this 1ST day of March, 2010. IbCIYIGL{W, IYId~<VI /' Nl nicipal Cferk _ ~. 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 - COMMUNITY LIVING OSHAWAICLARINGTON 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 lease unto Community Living Oshawa/Clarington (the 'Tenant"~ for a term of one (1) year commencing January 15t, 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 2010-021 passed by the Council of the Lessor at its regular meeting on March 1, 2010, 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: Term 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"). 1 P3raC5L~-~y,a2ine. t..`~cm~~u€e,r ~. ~~as,. ~. ., a.ieson 's (=ess~~, 7, .c w•~a~it}ln ~,, [eaw ..x.w ;lei?-~i~. r_uc ,~ . Y 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) ("Reny'). 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 ~_ -- Ji th or = ~ _ - , ; _ _~ __~_~ _= C. Anne Greentree, Deputy Cferl~- We have the authority to bind the Corporation COMMUNITY LIVING OSHAWAlCLARINGTON ~- . ~ ~. Per: ~ ~_~ Per. ~~v We have the authority to bind the Corporation h :ass n a.7=gem. <. ?...,nm,:n~ ; ,Jn~ a:.~ >.a Ga.+n~~,;~n , .. E~ ~ a mt~r,:.~-=ni~rtfr i.u.,, i s-ao.. e,~~r sinn ?J10.~uc