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HomeMy WebLinkAboutCOD-036-11 Clarington REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 28, 2011 Resolution#: CPA-4 1-- By-law#: 6 04 11 W Report#: COD-036-11 File#: - / Subject: BOWMANVILLE TENNIS CLUB - COURT LEASE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-036-11 be received; 2. THAT the Manager of Purchasing be authorized to negotiate a new lease agreement with Bowmanville Tennis Club, for the lease of tennis courts located at the Clarington Older Adults Centre, 26 Beech Avenue, Bowmanville for a one year term of January 1, 2012 to December 31, 2012; 3. THAT the lease also serve as notice of lease termination on December 31, 2012; and 4. THAT the Mayor and Clerk be authorized to execute the lease agreement in a form satisfactory to the Municipal Solicitor. Submitted by: Reviewed by: Marie Marano Franklin Wu, Director of Corporate Chief Administrative Officer Services MM/JB/km CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO.: COD-036-11 PAGE 2 1. BACKGROUND 1.1 At their meeting held July 14, 2008 Council reviewed Report #COD-047-08 Bowmanville Tennis Club — Lease Renewal (Attachment "A")and approved the following amended Resolution: "THAT Report COD-047-08 be received; THAT the Manager of Purchasing be authorized to continue with the formal negotiations of a new lease agreement with Bowmanville Tennis Club, for the lease of tennis courts located at the Clarington Older Adults 26 Beech Avenue for the term of January 1, 2008 to December 31, 2011; THAT the Mayor and Clerk be authorized to execute the lease agreement in a form satisfactory to the Municipal Solicitor; and THAT the attached By-law marked Schedule "A" authorizing the Mayor and the Clerk to execute the proposed Lease Agreement with the Bowmanville Tennis Club be forwarded to Council for approval." 1.2 In 2008 the lease was executed with a term as set out in the resolution. 1.3 At the end of 2010 one year prior to the expiry date of the lease agreement the tennis club was notified of the lease expiry and reminded of the requirement for the removal of the court lights and tennis club fixtures at the conclusion of the lease. 1.4 On September 19, 2011 Mr. Kern Majid, President of the Bowmanville Tennis Club, made a presentation to Council with respect to the tennis court lease termination and subsequent to the presentation the following resolution was passed: "THAT the request from Mr. Kern Majid and the Bowmanville Tennis Club be received for information at this time; THAT a decision be rendered after discussion and a meeting has been held between the Clarington Older Adults Association Board and the Department Head staff from Community Services, Engineering Services, Corporate Services, Operations, the Fire Chief, Mayor and Council Liaison at which time all lease arrangements and documentation from 1998 until present be discussed and a recommendation come forward with respect to parking, the tennis courts and the future of the COAA at its current location, and future planning for the organization; and THAT this be done sooner rather than later and that the information come forward at the October 17th General purpose and Administration Committee meeting." REPORT NO.: COD-036-11 PAGE 3 2. COMMENTS 2.1 Since passing of the above noted resolution, the appropriate Department Head staff, the Mayor and Council Liaison have met with the Clarington Older Adult Centre Board. Further meetings have also been held to discuss the issues to be addressed in the above noted resolution and determine the next steps for Council's review. 2.2 During the course of the meetings the issue of the fast approaching end date for the tennis court lease has been discussed and the future of the tennis courts is tied directly to the issue of the parking and the future use of the facility. The COAB will need to confirm it's future direction as identified in the approved strategic plan, in order to consider the ultimate future use of the Beech Centre. In the event that the parking is deemed adequate given the future plans for the facility usage and COAA programming Council will then need to determine of the future availability or use of the tennis courts section of the property. 2.3 Given the time that is required to reach a conclusion on the issues and provide the required report it will be 2012 before any direction can be established. Depending on the direction, be it to expand the parking using the tennis court space or to maintain the status quo, and the future of the Beech Centre is known, the timing is such that the tennis courts will remain available for 2012. If the review results in a proposed expansion of parking using the tennis courts space work on the parking expansion will not take place at the earliest until 2013 after budget approval and design work is completed. 2.4 The subsequent report responding to outstanding issues in the Council resolution of September 19th which will confirm the COAB future direction and will speak to whether the tennis courts are required for full use of the property for COAB purposes or whether a further lease should be considered for the Tennis Club to continue to use the courts until the property is required. At that time the Engineering report on the impact of using the courts space would be triggered. 2.5 For clarification, the responsibility for the remaining tennis court sub-lease at the Beech Centre rests with the Municipality in accordance with the Memorandum of Understanding established in 2001. 2.6 In view of the outstanding questions and the timing of the report to provide responses to the questions along with recommendations it is proposed that a lease be negotiated with essentially the same terms, conditions and a nominal rent increase with the Tennis Club for the tennis courts at the Clarington Beech Centre for a one year period commencing January 2012 to December 31, 2012. REPORT NO.: COD-036-11 PAGE 4 3. CONCURRENCE 3.1 This report has been reviewed by the following Directors who concur with the recommendations. Nancy Taylor, Director of Finance/Treasurer Fred Horvath, Director of Operations Joe Caruana, Director of Community Services Tony Cannella, Director of Engineering 3.2 This option has also been discussed with the President of the Bowmanville Tennis Club and the Executive Director of the COAC who concur with the approach. 4. CONCLUSION 4.1 In view of the availability of the tennis courts for the 2012 tennis season it is recommended that that the Manager of Purchasing be authorized to negotiate a new lease agreement with Bowmanville Tennis Club, for the lease of tennis courts located at the Clarington Older Adults 26 Beech Avenue for the term of January 1, 2012 to December 31, 2012 CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Marie Marano, Director of Corporate Services Attachments: Attachment "A" - Report COD-047-08 Attachment "B" —Addendum to Report FND-011-01 List of interested parties to be advised of Council's decision: Clarington Older Adult Centre Board Bowmanville Tennis Club Attachment"A" Cla Leadinite Way R E P 000" R T CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: July 7, 2008 Report#: COD-047-08 File # By-law# Subject; BOWMANVILLE TENNIS CLUB — LEASE RENEWAL Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-047-08 be received; 2. THAT the Manager of Purchasing be authorized to continue with the formal negotiations of a new lease agreement with Bowmanville Tennis Club, for the lease of tennis courts located at the Clarington Older Adults 26 Beech Avenue for the term of January 1, 2008 to December 31, 2010 with an option extend for up to three one year terms; 3. THAT the Mayor and Clerk be authorized to execute the lease agreement in a form satisfactory to the Municipal Solicitor; and 4. THAT the attached By-law marked Schedule "A"authorizing the Mayor and the Clerk to execute the proposed Lease Agreement with the Bowmanville Tennis Club be forwarded to Council for approval, Submitted by: y•Reviewed b �- ►- �``r �""" "� �� , Marano, H.B.Sc., C.M.O., Franklin Wu, Director of Corporate Services Chief Administrative Officer MMIJDB1km CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169 Attachment"A" REPORT NO.: COD-047-08 PAGE 2 BACKGROUND AND COMMENT 1. BACKGROUND AND COMMENT 1.1. At their meeting of March 25, 2008 Council approved resolution #GPA-215-08 which reads in part as follows: "THAT the Manager of Purchasing be authorized to proceed with the formal negotiations of a new lease agreement with the Bowmanville Tennis Club as set out in Report COD-016-08, and report back to Council for approval to execute the final agreement." 1.2 With the approval of Council as noted above, discussions began with the Tennis Club representatives and the main issues, being rent and the duration of the lease were agreed to on a draft lease was prepared and presented. This lease was similar in form and content to the previous twenty year and included an updated lease rate and term with a one year notice for termination. 1.3 For a number of reasons a final lease has not been agreed upon as at this date and with Council recessing for the summer, staff are requesting approval to continue with the discussions leading to a mutually acceptable lease and further that the Mayor and Clerk be authorized to execute the agreement satisfactory to the Municipal Solicitor, 2. FINANCIAL IMPLICATIONS 2.1. Discussions to date have settled the lease rate for year one of the lease at $1,350.00 dollars per year, subject to the Goods and Services Tax and payment of property taxes. 2.2. An escalation formula has been agreed upon for annual increase and this utilizes the Consumer Price Index (All items) for Toronto. A copy of the draft lease is attached for information. Attachment"A" REPORT NO.: COD-047-08 PAGE 3 3. CONCLUSION 3.1. Given the circumstances staff are confident that the outstanding lease issues can be resolved in a short period of time and final lease presented for execution. 3.2. Due to Council Summer Recess staff is recommending that the Mayor and Clerk be authorized to execute an agreement satisfactory to the Municipal Solicitor. 4. INPUT FROM OTHER SOURCES 4.1. This report has been reviewed for recommendation by the Purchasing Manager, with the appropriate departments and.circulated as follows: For Information: Director of Operations Attachments: Attachment 1 —Schedule "A", By-law Attachment 1 —Schedule "B" Draft Lease Agreement i Attachment"A" Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2008- Being a By-law to authorize an agreement between the Corporation of the Municipality of Clarington and the Bowmanville Tennis Club, Bowmanville, Ontario to enter into agreement for the lease space at the Clarington Beech Centre, 26 Beech Avenue, Bowmanville, Ontario. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are authorized as per report COD-047-08 to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, Bowmanville Tennis Club, of 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 day of 12008, By-law read a third time and finally passed this day of 12008. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 6 Attachment"A" DRAFT Schedule " " THIS INDENTURE made in triplicate the first day of 2008. IN PURSUANT OF THE SHORT FORMS OF LEASES ACT BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON herein called the'Lessor": of the FIRST PART and— THE BOWMANVILLE TENNIS CLUB herein called the"Lessee" of the SECOND PART PREMISES WITNESSETH that In consideration of the rents,covenants and agreements hereinafter reserved and contained on the part of the said Lessee, to be paid,observed and performed,the said Lessor has demised and leased and by these presents cloth demise and lease unto the said Lessee,ALL THOSE CERTAIN LANDS described as The Bowmanvllfe Tennis Club Courts and the Immediately surrounding fence as located on this date on the property owned by the Municipality of Clarington at 26 Beech Avenue, Bowmanviile,Ontario. TERM TO HAVE AND TO HOLD the said demised premises for and during the Term to be computed from the first day of January 1", 2008 and from thenceforth ensuing and to be fully completed and ended on the first day of January 1`I,2010,provided that prior to the expiry of the Term the Lessor's Council resolves that the Lessor wishes to lease the Premises for a further one-year term(not to exceed three one-year terms)commencing on a day within the two(2)month period which commences on the day following the date of expiry of the Term,the Lessor and Lessee shall use their best efforts to settle the terms and conditions of the new lease or an extension of this lease of the Premises. RENTAL The said Lessee covenants with the said Lessor to pay rent as follows: YIELDING AND PAYING DURING the said Tenn hereby granted unto the said Lessor the following sums payable in advance on January 1 of each year; January 1,2008 $1250 60(Plul?oods&Services Tax) On Januaryl,2009 tne`re of$3,500.00 (P s GST)shaif be Increased pro rata with the increase in the Consumer Price eX{CPI)( I items)for Toronto with November 1"of 2007 as the base date and the increase 09 to be based on the Increase,if any,In the CPI from November 1,2007 to November 1,2008 with the rent for or each succeeding year that the lease is extended being similarly increased in proportion to the applicable Increase,if any,in the CPI, BUSINESS AND to pay all business taxes in respect of the business carried on by the Lessee in and TAXES upon or by reason of their occupancy of the premises hereby demised; REPAIR AND to repair(reasonable wear and tear,and damage by fire,lighting and tempest only excepted); AND that the said Lessor may enter and view state of repair; AND that the said Lessee will repair according to notice in writing(reasonable wear and tear and damage by fire,lighting and tempest excepted); AND that they will leave the premises in good repair(reasonable wear and tear and damage by fire,lighting and tempest excepted); ASSIGNMENT AND will not assign or sub-let the whole or any part of the demised premises without leave;the Lessee hereby waives and renounces the benefit of any present or future act of the Legislature of Ontario which would allow the Lessee to assign or sublet this lease, without leave of the Lessor. AND the said Lessee covenants with the said Lessor,Its successors and assigns: Attachment"A" BUSINESS (a) THAT the said demised premises will not,during the said term,be at any time used for any other purpose than that of a Tennis and Racquet Club. FIMRES (b) AND THAT not fixtures,goods or chattels of any kind will,except in the ordinary course of business,be removed from the demised premises during the term hereby demised or at any time thereafter without the written consent of the Lessor,Its successors or assigns,being first had and obtained,until all rent in arrears as well as all rent to become due during the remainder of the Term hereby granted shall have been fully paid,or the payment thereof secured to the satisfaction of the Lessor or Its assigns, ELECTRIC (c) THE Lessee hereby covenants to pay all charges for electric energy(for light POWER and power)used by the Lessee In the demised premises, ALTERATIONS, (d) THAT if the Lessee shall during the said Term desire to affix or erect partitions, PARTm", counters or fixtures to any part of the demised premises,It may do so at its ETC• own expense at any time and from time to time provided that the Lessee's rights to make such alterations to the demised premises shall be subject to the following conditions; (1) THAT before undertaking any such alterations,the Lessee shall submit to the Lessor a plan showing the proposed alterations and shall obtain the approval and consent of the Lessor to the same. (2) THAT all such alterations shall conform to all building by-laws,if any, then in force affecting the demised premises, (3) THAT all such alterations will not be of such kind or extent as to in any manner weaken the structure of the building after the alterations are completed or reduce the value of the building, (e) THAT,except as herein provided the Lessee will not erect or affix or remove or change the location or style of any partitions or fixtures,without the written consent of the Lessor being first obtained, (f) THAT,at the expiration of the term hereby granted,or any renewal thereof,all fixtures belonging to the Lessee shall remain upon the demised premises until taken down by the Lessor,and the Lessee shall forthwith,upon the same being taken down,remove the same from the demised premises first paying to the Lessor the expense of such taking down and making good all damage occasioned to the demised premises by the taking doom or removal thereof, (g) THAT,if the term hereby granted or the goods and chattels of the Lessee or any assignee or sub-tenant shall be at any time seized or taken In execution or attachment,or if the Lessee or any such assignee or sub-tenant shall make an 9AMOTUKCY assignment for the benefit of creditors or shall become bankrupt or Insolvent, INSOLVENCY or make a proposal to Its creditors,or without the consent of the Lessor being first obtained in writing,shall make a sale,under the Bulk Sales Act,in respect of goods on the premises,or being a company shall become subject to any legislative enactment relating to liquidation or winding up,either voluntary or compulsory,the said term shall Immediately become forfeited and Vold,and an amount equivalent to the next ensuing three months'rent shall be at once due and payable, RULES AND (h) THAT the Lessee and Its clerks,servants and agents will at all times during the REGULATIONS (h) of the demised premises observe and conform to such reasonable rules and regulations as shall be made by the Lessor from time to time Including the rules and regulations set forth In Schedule"A"hereto and of which the Lessee shall be notified,such rules and regulations being deemed to be Incorporated in and form part of these presents. Removal of All Leasehold Improvements(other than Tenant's fixtures)shall Immediately upon their Fixtures and placement become the Lessor's property without compensation to the Tenant,Except as personal pony may be otherwise agreed b the Lessor In writing,no Leasehold Improvements shall be Property Y 9 Y g. P removed from the Premises by the Tenant either during or at the expiry or earlier termination of the Term. The Tenant may,during the Term,in the usual course of Its business,remove Its fixtures,provided that the Tenant is not In default under this lease and provided that such fixtures have become excess to the Tenant's needs or the Tenant is substituting new and similar fixtures therefor, The Tenant,at the expiration or earlier termination of the Term,at Its cost,(1)shall remove such of the Tenant's fixtures (excluding Leasehold Improvements)and Tenant's personal property in the Premises as the Lessor shall require, (II)shall restore the Promises to the Lessor's then current Building standard(including,without limitation the removal and disposal of any and all hazardous or toxic substances and containers therefor In accordance with all applicable laws and the requirements of all Authorities)to the extent required by the Lessor and(III)shall otherwise peaceably surrender and deliver up vacant Possession of the Premises to the Lessor, The Tenant,at its cost,shall repair any damage caused to the Building or any part thereof by such removal or restoration. If the Tenant does not remove its fixtures and personal property at the expiry or earlier termination of the Term, then, at the option of the Lessor and without prejudice to any other rights or remedies available to the Lessor,the fixtures and personal property shall become the Attachment"A" absolute property of the Lessor without payment of any compensation therefore to the Tenant and,without notice to the Tenant,may be removed from the Premises and sold or disposed of by the Lessor in such manner as it deems advisable, all without any liability whatsoever to the Tenant, If the Tenant falls to repair any such damage or complete any work, removal, disposal or restoration referred to in this Section by the expiry or earlier termination of the Term,the Tenant shall be responsible for,and shall Indemnify and save harmless the Lessor from and against, all expenses, losses and damages caused by such failure,Including,without limitation,the damages suffered by the Lessor for loss of use of the Premises and the cost of removing and selling or disposing of such fixtures and personal property and restoring the Premises to the Lessor's then current Building standard, The Lessor's rights and the Tenant's obligations under this Section shall survive the expiration or earlier terminalion of the Term, REMODELUINO IT IS AGREED between the Parties hereto that In the vent of a sale of the said premises ANDSALE or if the said premises be expropriated or condemned by any Department of the Federal, Provincial or Municipal Governments then the Lessor shall have the right notwithstanding anything herein contained to terminate this tease upon giving three months'notice in wdttng to the Lessee of his intention so to do or by paying the sold Lessee a bonus of three months'rent,in which latter event,the Lessee undertakes to vacate the said premises at the expiration of thirty(30)days from the delivery of such notice, PROTECTIVE INSTALLATIONS THE Lessee agrees to a the cost of an Installations,additions,or alterations to the said INSTALLATIOt13 9 pay Y premises that the Lessor may be required to make by any Municipal,Provincial or other governing authority,or requested by any private protective system used by the Lessee,for the security and protection of the Lessee and his employees and his or their effects Including but not so as to limit the foregoing Installations,additions and alterations for fire and theft protection and all such installations,additions,or alterations shall forthwith become the property of the Lessor, OISTRESS AND the Lessee further covenants,promises and agrees with the Lessor that notwithstanding any present or future Act of the.Leglslature of the Province of Ontario, none of the goods or chattels of the Lessee at any time during the continuance of the term hereby created on the said demised premises shall be exempt from levy by distress for rent in arrears by the Lessee as provided for by the said Section of said Act,and that upon any claim being made for such exemption by the Lessee or on distress being made by the Lessor, this covenant and agreement may be pleaded as an estoppel against the Lessee In any action brought to test the right to the levying upon any such goods as are named exempted in the said Section,the Lessee waiving as he hereby does all and every benefit that could or might have accrued to him under and by virtue of the said section of the said act but for the above covenant, The Lessor covenants with the Lessee for quiet enjoyment. The Lessor further covenants with the Lessee as follows: RATER (a) To pay water rates for the normal supply of cold water to the said premises, ACCESS (b) business with To give the the Lessee,sIn comimon wtth other persons.tthe right to enter the demised premises by means of the main entrance on and free use of the Beech Avenue passages from the street to the said premises at all reasonable times,subject to rules and regulations in regard to the said building as may be passed from time to time. PROVISO for re-entry by the said Lessor on non-payment of rent or non-performance of covenants. TAXES The Lessee covenants and agrees to pay all taxes,municipal,parliamentary or otherwise, assessed against the demised premises of the Lessor or Lessee,on account thereof Including any business taxes and taxes on personal property or Income of the Lessee, License fees,or other taxes imposed upon the property,business or Income of the Lessee, VOIDANCE OF IT IS FURTHER DECLARED AND AGREED that In case the sald premises or any part LEASE VACANT thereof be used by any other person or persons,or for any other purpose than as above OR IMPROPER provided,without the written consent of the Lessor,this lease shall,at the option of the use Lessor,cease and be void,and the term hereby created expire and be at an end,anything herelnbefore to the contrary notwithstanding and the proportionate part of the current rent shall thereupon become immediately due and payable,and the Lessor may reenter and take possession of the premises as though the Lessee or other occupant or occupants of said premises were holding over after the expiration of the term;or in such case Instead of determining this lease as aforesaid and re-entering upon the demised premises,the Lessor may take possession of the demised premises,or any part or parts thereof,and let and manage the same and grant any lease or leases thereof upon such terms as to the Attachment"A" Lessor or Its assigns may appear to be reasonable,,and demand,collect,receive and distrain for all rental which shall become payable in respect thereof,and apply the said rentals after deducting all expenses incurred In connection with the demised premises and in the collection of the said rent Including reasonable commission for the collection thereof and the management of the demised premises,upon the rent hereby reserved and the Lessor and its assigns and every such agent acting as aforesaid from time to time,shall in so acting be the agents of the Lessee,who alone shall be responsible for their acts,and the Lessor and its assigns shall not be accountable for any moneys except those actually received,notwithstanding any act,neglect,omission or default or any such agent acting as aforesaid. AND IS FURTHER DECLARED AND AGREED THAT the Lessor shall not be liable for any damage to any property at any time upon the demised premises arising from gas,steam,water,rain or snow,which may leak Into,Issue or flow from any part of the said lands or from the gas,water,steam or drainage pipes or plumbing works of the same or from any other place or quarter or for any damage caused by or attributable to the condition or arrangement of any electric or other wires in the said building,or on or around the said lands. The Lessee shall be liable for any damage done by reason of water being left running from the taps in the demised premises or from gas permitted to escape therein. RISKS OF AND the Lessor shall not be responsible for any personal injury which shall be WJURY sustained by the Lessee or any employee,customer or other person who may be upon the demised premises or In the said building or the entrances or appurtenances thereto. All risks of any such Injury being assumed by the Lessee,who shall hold the Lessor harmless and indemnified therefrom. NOTICE OF THE Lessee shall give the Lessor prompt written notice of any accident or other ACCIDENT defect in the sprinkler system,water pipes,gas pipes or heating apparatus,telephone, electric or other wires on any part of the premises,or on or around the said lands. INSURANCE THE Lessee covenants with the said Lessor that his said business to be so carried on in the said building will not be of such a nature as to Increase the Insurance risk on the said premises or cause the Lessor to pay an increased rate of Insurance premiums on the said premises by reason thereof and it Is distinctly understood that in case said business so carried on by the Lessee is or becomes of such a nature to increase the Insurance risk or causes the Lessor and/or other occupants of the said building to pay an Increased rate of Insurance premiums,that(he Lessee will from time to time pay to the Lessor the Increased amount of Insurance premiums which the sold Lessor and other occupants of the said building have to pay in consequence thereof; provided that the Lessee covenants that he will not carry on or permit to be carried on any business in the said building which may make void or voidable any insurance held by the Lessor or the other occupants of the said building. RVSINESS NOT PROVIDED that the Lessee will not do or permit anything to be done on the said TO OEA premises or permit or keep anything therein which may be annoying to the Lessor or NWSANCE other occupants of the said building or which the said Lessor may deem to be a nuisance and that no machinery shall be used therein which shall cause any undue vibration In or to the said premises and that In case of the Lessor or any other occupants of the said building reasonably complaining that any machinery or operation or process Is a nuisance to It or them or which causes any undue vibration or noise In the said premises,that upon receiving notice thereof,the said Lessee will Immediately abate such nuisance.The said Lessee covenants not to obstruct or interfere with the rights of the Lessor or other occupants of the said building or In any way Injure or annoy them or conflict with any of the rule and regulations of the Board of Heath or with any statue or municipal by-law. siaN AND ITS HEREBY FURTHER AGREED by and between the said Lessor and the said Lessee that no sign,advertisement or notice shall be Inscribed,painted or affixed by the said Lessee on any part of the outside or Inside of the building whatever.Unless of such manner,color,size and style and in such places upon or in said buildings as shall be first designated by the Lessor,and,furthermore,the Lessee,on ceasing to be Lessee of the demised premises,will,before removing his goods and fixtures from the said premises,cause any sign as aforesaid to be removed or obliterated at his own expense and in the workmanlike manner to the satisfaction of the Lessor. WATER THE Lessor agrees to pay for normal water consumed on the said premises but In the event of any abnormal consumption of water either by reason of the character of the business carried on by the Lessee or by the use of mechanical or other contrivances the Lessee consents to the Installation of a water meter at his own expanse,if necessary,and further agrees to pay for the excess water consumed on the said premises, Attachment"A" FIRE PROVIDED that If during the term herein or any renewal thereof the premises !... Shall be destroyed or damaged by fire or the elements then the following provisions shall apply; (a) If the demised premises shall be so badly Injured as to be unfit for occupancy, and as to be incapable of being repaired with reasonable diligence wllhin one hundred and twenty days if the happening of such Injury,then the term hereby granted shall cease and be at an and to all intents and purposes from the date of such damage or destruction,and the Lessee shall immediately surrender the same,and yield up possesslon of the demised premises to the Lessor,and the rent from the time of such surrender shall be apporiloned; (b) If the demised premises shall be capable,with reasonable diligence,of being repaired and rendered tit for occupancy within one hundred and twenty days from the happening of such injury as aforesaid,but if the damage Is such as to render the demised premises wholly unfit for occupancy,then the rent hereby reserved shall not run or accrue after such Injury,or while the process of repair Is going on,and the Lessor shall repair the same with all reasonable speed,and the rent shall recommence Immediately after such repairs shall be completed. (c) If the demised premises shall be repaired within one hundred and twenty days as aforesaid,and if the damage is such that the said premises are capable of being perilally used,then until such damage shall have been repaired,the rent shall abate in the proportion that the part of the demised premises rendered unfit for occupancy bears to the whole of the demised premises, No THERE shall be no abatement from or reduction of the rent due hereunder,nor ABATEMENT OF shall the Lessee be entitled to damages,losses,costs or disbursements from the RENT Lessor during the term hereby created on,caused by or on account of fire(except as above),water sprinkler systems,partial or temporary failure of stoppage of heat,light, elevator,live steam or plumbing service in or to the said premises of building,whether due to acts of God,strikes,accidents,the making of alterations,repairs,renewals, improvements,structural changes to the said premises or bulldings or the equipment or systems supplying the said services,or from any cause whatsoever;provided that the said failure or stoppage be remedied within a reasonable time. RIOHTTO THAT the Lessee will permit the Lessor to exhibit the demised premises during SHOW the last three months of the term to an prospective tenant and will permit all arsons PREMISES having written authority therefor to view the said premises at all reasonable hours. NancEs THAT any notice which either of the parties is required or permitted to give pursuant to any provision of this lease may,If Intended for the Lessee,be given by a writing mailed by registered mail addressed to the Lessee 21 Beech Avenue, Bowmanviile and if Intended for the Lessor by a writing left at the premises of the Lessor at 26 Beech Avenue,Bowmanville, S Or mailed by registered mall addressed to the Lessor at the Lessor's said premises,and such notice shall be deemed to have been given at the time it was delivered or mailed, as the case maybe, OVERHOLDWO PROVIDED further and It Is hereby agreed that should the Lessee hold over after the expiration of this lease and the Lessors thereafter accept rent for the said premises,the Lessee shall hold the said premises as a monthly tenant only of the Lessors but subject in all other respects to the terms and conditions of this lease. The words importing the singular number only shall Include the plural,and vice versa,and words Importing the masculine gender shall Include the feminine gender,and words importing persons shall Include firms and corporations and vice versa. Unless the context otherwise required the word"Lessor"and the word"Lessee" wherever used herein shall be construed to In Include and shall mean the executors, administrators,successors and/or assigns of the said Lessor and Lessee,respectively, and when there are two or more Lessees bound by the same covenants herein contained,their obligations shall be joint and several. Attachment"A" This lease may be terminated by either party on one yeaPs written notice to the other IN WITNESS WHEREOF the parties hereto have executed these presents. SIGNED,SEALED and DELIVERED (THE CORPORATION OF THE (MUNICIPALITY OF CLARINGTON ( (Mayor ( ( ( (Clerl( ( ( (The Bowmanville Tennis Club Attachment"A" SCHEDULE OF RULES AND REGULATIONS FORMING PART OF THE WITHIN LEASE 1. The sidewalks,entrances,elevators,stairways and corridors of the building shall not be obstructed by any tenants or used by them for any other purpose than for Ingress and egress and no tenant shall place or allow to be placed In the hallways,corridors or stairways any waste paper,dust,garbage,refuse or any thing whatever that shall tend to make them appear unclean,untidy or filthy. 2. The floors,sky-lights and windows that reflect or admit light Into the passageways or Into any place in the said building shall not be covered or obstructed by any of the tenants, and no awnings shall be put over any window,the water closets and other water apparatus shall not be used for any purpose other than those for which they were constructed,and no sweepings,rubbish,rags,ashes or other substance shall be thrown therein,and any damage resulting to them from misuse shall be bome by the tenant by whom or by whose employee the damage was caused. 3. All window signs,Interior signs and signs on glass doors must be approved in writing by the Lessor before the Lease engages a sign contractor to paint said signs,and all such signs shall be palnled in the form previously so approved by the Lessor, 4. If any sign,advertisement or notice shall be Inscribed,painted or affixed by the Lessee on or to any part of the sold building whatever,then the Lessor shall be at liberty to enter on said premises and pull down and take away any such sign,advertisement or notice,and the expense thereof shall be payable by the Lessee. 5. if by reason of any alterations which the Lessee may make or may permit to be made, with or without the consent of the Lessor,to any part of the demised premises or to any fixtures In the demised premises,the addition of any equipment or the use of any material which the Lessee,its employees or other persons permitted by the Lessee to be on the promises may use or keep in the said premises,or any change in the type of occupancy of the demised premises which the Lessee may make or permit to be made,there Is any Increase in the Insurance premiums payable by the Lessor on any fire Insurance which may be In effect or which the Lessor may hereafter place upon the building of which the demised premises form a part,the Lessee agrees to pay to the Lessor the amount of ouch Increase,and the parties agree that a statement by the Insurance broker of the Lessor of the amount of such Increase shall be final and binding upon the parties, 8. No safes,machinery,equipment,heavy merchandise or anything liable to Injure or destroy any part of the building shall be taken Into it without the consent of the Lessor In writing,and the Lessor shall in all cases retain the power to limit the weight,and Indicate the place where such safe or the like is to stand,and the cost of repairing any and all damage done to the building by taking in or putting out such safe or the like or during the time it Is In or on the promises,shall be paid for on demand by the tenant who so causes It, No tenant shall load any floor beyond Its reasonable weight carrying capacity as set forth in the municipal or other codes applicable to the building, 7. in order that the demised premises may be kept In a good state of preservation and cleanliness,the tenant shall during the continuance of Its lease permit the janitor or caretaker of the Lessor to take charge of and clean the demised premises,In default of the tenant doing so. 8, The Lessor shall have the right to enter the demised premises at reasonable hours In the day to examine the same or to make such repairs and alterations as It shall deem necessary for the safety and preservation of the premises,and also during the three months previous to the expiration of the lease of the demised premises,to exhlbil the said premises to be let and put upon them Its usual notice'For Rent',which said notice shall not be removed by any tenanL 9. Nothing shall be thrown by the tenants,their clerks or servants out of the windows or doors or down the passages and skylights of the building, 10.No animals shall be kept In or about the premises. 11,if the Lessee desires telegraph or telephone,call bell or other private signal connections, the Lessor reserves the right to direct the electricians or other workmen as to where and how the wires are to be Introduced,and without such directions no boring or cutting for wires shall take place. No other wires of any kind shall be Introduced without the written consent of the Lessor. 12.No one shall use the leased promisee for sleeping apartments or residential purposes, 13.Tenants and their employees shall not make or commit any Improper noise In the building,or in anyway Interfere with or annoy any tenants or those having business with them. Attachment"A" 14.All tenants must observe strlct care not to allow their windows to remain open as so as to admit rain or snow,or so as to Interfere with the heating of the building. The tenants neglecting this rule will be responsible for any Injury caused to the property of other tenants or to the property of the Lessor by such carelessness, The Lessee,when closing offices for business,day or evening,shall close all windows and lock all doors, 16,The Lessee agrees not to place any additional locks upon any doors of the demised premises and not to permit any duplicate keys to be made therefore;but to use only additional keys obtained from the Lessor,at the expense of the Lessee,and to surrender to Lessor on the termination of the lease all keys of the said premises, 16.The Lessee shall give to the Lessor prompt written notice of any accident or any defect in the water pipes,gas pipes,healing apparatus,telephone or electric light,or other wires in any part of the said building. 17.No Inflammable oils or other inflammable,dangerous or explosive materials shall be kept or permitted to be kept In the demised premises. 18.The caretaker will have charge of all radiators and will give all Information for the management of the same,and the Lessee shall give to the Lessor prompt written notice of any accident to or defects In the water pipes or healing apparatus. 19.No bicycles or other vehicles shall be brought within the building. 20.Nothing shall be placed on the outside of windows or projections of the demised premises. No air-conditioning equipment shall be placed at the windows of the demised premises without the consent In writing of the Lessor, 21,Spikes,hooks,nails,screws or knobs shall not be put into the walls or woodwork of the building. 22.The Lessor shall not be liable for any damage to any property at any time on the demised premises,nor for the theft of any of the said property,nor shall It be liable for an escape or leakage of smoke,gas,water,rain or snow,howsoever caused,nor for any accident to the property of the Lessee, 23.Any person entering upon the roof of the building does so at his own risk. 24.The Lessor reserves the right to restrict the use of the demised premises to the Lessee and/or Its employees after 11 p.m. 26.No tenant shall be permitted to do cooking or to operate cooking apparatus except In a portion of the building rented for the purpose. 26.The Lessor shall have the right to make such other and further reasonable rules and regulations and to alter,amend or cancel all rules and regulations as in its judgment may from time to time be needed for the safety,care and cleanliness of the building and for the preservation of good order therein and the same shall be kept and observed by the tenants,their clerks and servants, The Lessor may from time to time waive any of the such rules and regulations as applied to particular tenants and it is not liable to the Lessee for breaches thereof by other tenants, Attachment T" the Wa Letultng y K -%ORT EN FINANCE DEPARTMENT Meeting: COUNCIL Date: MONDAY, DECEMBER 10, 2001 Resolution #;C—" Report#: ADDENDUM TO FND-011-01 File#: By-law#:r�2�/- r>V 2 Subject: ESTABLISHMENT OF CLARINCTON BEECH CENTRE BOARD Recommendations: It is respectfully recommended to Council the following: 1. THAT Addendum to Report FND-011-01 be received; 2. THAT Recommendation 7 of Report FND-011-01 be renumbered as Recommendation 8 and new Recommendation 7 be added as follows: "T THAT notwithstanding the provisions of By-law No. 94-129, Council approve an Agreement between the Municipality and Clarington Older Adult Association regarding the provision of'oertain management and custodial services substantially in the form of the draft Agreement contained in Attachment 1 to the Addendum to Report FND-011-01 and pass a By-Law to authorize the Mayor and Clerk to execute the Agreement on behalf of the Municipality." 3. THAT copies of Addendum to Report FND-011-01 be sent to: ® Clarington Older Adult Association; • The Lions Club of Bowmanville; ® The Bowmanville Tennis Club; and ® Durham Region,Community Care Association. . eN Submitted by: ! _ Reviewed b ���- ---- 149�6y M . ., C.A. Franklin Wu Director of Finance Chief Administrative Officer NMTlhjl Attachment"3" REPORT NO.: FND-011-01 PAGE 2 1.0 DISCUSSION 1.1 Section 5.3 of Report FND-011-01 refers to a contract for management services to be provided by the Clarington Older Adult Association respecting the Clarington Beech Centre. A draft contract is contained in Attachment No. 1 to this Addendum, It is recommended that it be approved by Council and that the necessary authorizing By-Law be passed. Attachment: Attachment#1- Draft Contract for Management Services Attachment"B" REPORT NO.: FND-011-01 PAGE 3 Interested parties to be advised of Council's decision: Clarington Older Adult Association 26 Beech Avenue Bowmanville, Ontario L1 C 3A2 The Lions Club of Bowmanville C/o 26 Beech Avenue Bowmanville, Ontario L 1 C 3A2 Durham Region Community Care Association C/o 26 Beech Avenue Bowmanville, Ontario L1C 3A2 The Bowmanville Tennis Club C/o 26 Beech Avenue Bowmanville, Ontario L1 C 3A2 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-0608 i Attachment"B" I Attachment 91 Draft#1 Wednesday,December 05,2001 THIS COORDINATION AND CUSTODIAL SERVICES AGREEMENT made as of this 100' day of December 2001. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called the"Municipality") OF THE FIRST PART - and- CLARINGTON OLDER ADULT ASSOCIATION (hereinafter called the"Association") OF THE SECOND PART WHEREAS: A. The Association has agreed to provide coordination services respecting the maintenance and operation of the"Clarington Beech Centre"(as defined in the Memorandum of Understanding between the Municipality and the Association also dated December 10,2001 ("Memorandum of Understanding") including the lands described in Schedule"A" of the Memorandum of Understanding and to perform certain custodial and responsibilities. The coordination of services and custodial responsibilities are described below in this Agreement. B. The Municipality has agreed to pay the Association the sum of Twelve Thousand ($12,000.00)Dollars per annum for the term of this Agreement for the performance of the services referred to in Recital"A". C. This Agreement is made in order to implement section 5.3 of Report FND-011-01 as amended by Addendum to Report FND-01101, as approved by the Council of the Municipality at its meeting on December 10.200E Attachment T" 2 D, The execution of this Agreement on behalf of the Municipality by the Mayor and Municipal Clerk is authorized by By-law No. 2001 passed by the Council of the Municipality on December 10, 2001, NOW THEREFORE in consideration of the premises herein contained and the sum of TWO DOLLARS ($2.00) and other good and valuable consideration(the receipt whereof by each of the parties is hereby acknowledged)covenant and agree as follows: 1. For the term of this Agreement,the Association will provide to the Municipality and to the"Clarington Beech Centre" (as defined in the Memorandum of Understanding) services for the competent coordination reasonably required for the maintenance and operation of the Clarington Beech Centre including the lands described in Schedule"A" of the Memorandum of Understanding, Without limiting the generality of the foregoing, the operation of the Clarington Beech Centre shall include the provision by the Association of reasonably necessary custodial duties to keep it and any property of any kind which is within it from time to time, secure. 2. Commencing on January 1,2002 and thereafter on the anniversary of that date during the term of this Agreement, the Municipality shall pay to the Association the sum of Twelve Thousand($12,000.00) Dollars per annum as a fee for the performance by the Association of the services referred to in paragraph 1,provided that if the term of this Agreement expires during a calendar year,the amount of the fee payable for the portion of the calendar year which expires on the date of termination of the term shall be the amount produced by dividing Twelve Thousand($12,000.00)Dollars by the number of days in that calendar year from and including January 15t of that year to and including the date of the expiry of the term of this Agreement. The amount of any overpayment by the Municipality to the Association shall be repaid to the Municipality as a debt,forthwith after the Municipality gives the Association written notice requiring the Association to repay the amount of the overpayment. 3. In performing the coordination services referred to in paragraph 1,the Association will make available a reasonable portion of the working time of its Executive Director,or in the absence of the Executive Director,another person who is either employed by or contracted to the Association and is competent and qualified to provide the required coordination services at a reasonable level of performance, Additionally,the Association will provide a suitable person who shall be either an employee or a member of the Association to perform the custodial duties referred to in paragraph 1 of this Agreement. In no event shall any person whose services are provided by the Association pursuant to this Agreement be or be represented by the Association or by any person acting with the authority of the Association,to be either a full-time or a part-time employee either of the Municipality or of the Clarington Beech Centre Board. 4. The term of this Agreement shall expire on the earlier to occur of the date of termination of the Sub-lease and Licence dated October 1, 1998 of certain portions of the Clarington Beech Centre to the Bowmanville Lions Club and the date of termination of the Sub-lease Attachment"B" 3 and Licence dated October 1, 1998 of certain portions of the Clarington Beech Centre to the Durham Region Community Care Association, 5. This Agreement shall be binding upon the Association, its successors, assigns and members and the Municipality, its successors and assigns. However, while this Agreement shall enure to the benefit of the Municipality,its successors and assigns,it shall enure only to the benefit of the Association and not to the benefit of the Association's successors and assigns. 6, Time shall be of the essence of this in all respects and in every part of it. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. THE CORPORATION OF THE ' MUNICIPALITY OF CLARINGTON John Mutton,Mayor Patti L. Barrie,Municipal Clerk CLARINGTON OLDER ADULT ASSOCIATION Per: Name: Title: Per: Name: Title: