HomeMy WebLinkAboutCS-32-86TOWN OF NEWCASTLE
REPORT File #
Res. #AIR V�- 2
` By -Law #
hEETING:
General Purpose and Administration Committee
DATE:
June 2, 1986
REPORT #: FILE #:
CS -32-86
SUBJECT:
VISUAL ARTS CENTRE LEASE CHANGE REQUEST
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following: -
1. That Report CS -32 -86 be received; and
2. That the Visual Arts Centre's request to delete paragraph 5 of the
lease agreement be denied for this year; and
3. That the Visual Arts Centre be sent a copy of report CS -32 -86 and
informed of committee's decision.
BACKGROUND AND COMMENTS:
At the April 28, 1986 Council Meeting the Director of Community Services was directed
to submit a report to the General Purpose and Administration Committee on the Visual
Arts Centre in regards to Mrs. Haunsberger's letter dated April 18, 1986.
On April 21, 1986 1 was directed by the Mayor to meet with Mrs. Haunsberger,
Administrator of the Visual Arts Centre, to discuss the contents of her letter to the
Mayor dated April 18, 1986 (copy attached).
This meeting took place April 21, 1986 and a memo was sent to the Mayor outlining our
departments position (copy attached). Mrs. Haunsberger requested that the Mayor
respond in writing confirming the Town's position.
../2
GENERAL PURPOSE & ADMINISTRATION COMMITTEE
REPORT #CS -32 -86 Page 2.
As indicated to Mrs. Haunsberger at the meeting our department agrees that the
washrooms in the Visual Arts Centre are for their use only and not open to the ball
teams. Our department has provided portable washrooms for the ball teams and
spectators accordingly.
The request that the small back room in the annex no longer be used by outside
organizations cannot be supported by our department this season as our ball
organizations have no alternative facilities for storage and change room facilities at
this time.
Our department is prepared to recommend alternate permanent facilities for the ball
teams next year. The status of Soper Creek ball diamond must be addressed as to
whether this diamond will be a neighbour or high level diamond in the long term. This
will dictate whether washrooms and change room facilities are required here in the
future.
It was suggested to Mrs. Haunsberger that the annex be considered as part of their
feasibility study.
Respectfully s bmi tted,
4 °Jan Devant er, R.D A R. Director
Department of Community Services
JD:sa
ITITSIX r
�' ► II
T®: Mayor John Winters
FROM: Jan Devantier, R.D.M.R., Director of Community Services
DAE: April 25, 1986
SUBJECT: E. HAUNSBERGER'S LETTER RE: VISUAL ARTS CENTRE LEASE
I met with Mrs. Haunsberger April 21 and we discussed said letter.
As indicated to Mrs. Haunsberger we concur with Mr. Fanning's letter of
May 3, 1984 that the washrooms are not open to the general public and
are for the use of the Visual Arts Centre only.
The request that the small back room in the annex no longer be used by
outside organizations cannot be supported by our department this season
as our ball organizations have no alternative facilities for storage and
change room facilities at this time. Mrs. Haunsberger was made aware of
our concerns verbally and that we do not recommend altering the lease
agreement this year.
Our department will consider alternate facilities for next year; and it
was suggested that the annex be considered as part of the feasibility
study.
Mrs. Haunsberger requested that your respond in writing accordingly.
JD :sa
a �
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The Visual Arts Centre is supported by the Membership, the Town Mf Newcastle, the Ontario Arts Council
and the Ministry of Citizenship and;Culture
SUBJECT:
r ^�
i
TC ! OF NFKATI
ri i
MIT]
Mayor (i . H. It I H. :11,d i1 nd member", o, CoII nc d 1
Thomas A. Fmining, R.Q.M.R. , Director of Community Services
May 3, 1981
General purpose & Administration Meeting of
Apr 11 1G, 199/1 - Report #1 , Item /10
Visual Arts Conti,()
Mayor G. B. Rickard called a meeting on April 19, 1984, 3:30 p.m. at the
Dowmanville Town Hall ill the Councillor's Library.
Tito following were in n t: t;endance : --
Mayor G, B. It i c ic11 l °d
Cott Itc 1 I Ior 11 . 19. 'I'lly Ior, Collillul1) 1 t.y "N" VV Ices L.iaz.i.soil
`l'hom11:; A. F iiin i ng, Director of• Communi ty Services
Ted 011(l,'toll, i(`t!'('lilt'y- '1'1`eatillr('i', Bowmllnville Legionnaires Sr.
1),1 e1) ;1.1 1 Cltlb
'Pony 19ran(1, I're; i(I (`iat., Visual A '1.r; Ccnt:1 °e
A H, cmme d l ;et1 I ()n rd 1 111, 11,;o of t 11 Ii;l,;l1)a 1 1. C' I tlbhotlse room
1t(i,jltceit(. to the V I r;u;i I Al °t. :; I) it i I(I i nil, Mr. V: inn i ii I,, M1'. IIrand and Mr.
Ondr;On cnllle tO ;I n 1i1, reeul(`n 1 L h;i t t, hu 191a :;el)a I I C I tihliou;-;c room would bo
used by tile senior and Junior teams from April 1st to September 30th
O t' oalcla yea.a r . The V i. t.►w__.,Aj__U v1)tt l d have t1 std u A3 a x- _b L_ Clubhouse
rODU1 !'t OI1t Oet'(dw ' 11;1 h) M:I i'cit ;911;1 OI' oncll
1100,11 1111`. Dildson :111(1 Mi.. Vniin i nl`; 1'e I t, thet•e writ; no hood of usi.nt, the
washrooms in the Visual Artti (.:centre as tier(, a.re.two (') portable toilets
n t t:he baseball d i amOn(1 .
I, Ova's also sttI,ed I)y (,Jr. D;1d�;oll and M1'. Fmilling tint the Bowmanv` Ile
Logionnnires Vxect►l.ive wiII control activiI.ie :; prior' to a.nd af tor
�al.l
1 {;unc� and praactlee;;. A cOntrOl ;;y,;,en� O!' cli;;t.I-Ihu,lola o1' keys to the
0I ul)house has a I ;;O h(WIl sc`t. u)).
N111yur (;, B. klcicar'd n :;Iced Mt'. V:I till Ilip" tO : ;(`nci 11 111("niorllnclum to all Council
Memhers l n ,tea.d Of :;(,nd i ng, ;I report to Hie (leneral Purpose and Admini.stra-
t Ion Commit tee ,
For yotir Information, CC: D. Johnston
k / T Brand
�` r T. Dadson
, - 2 --s.o , C el')" ��., ; -) N. VanSoggolen
'I'homas A. F.an ifl ii g , R . D . M . R.. E. Haunsbergex l,
D i rector of Colnmun i t.V S01'v i ces Dept. D. Gilchrist
CORPORATION OF THE TOWN OF NEWCASTLE
;+ OFFICE OF THE TOWN CLERK
40 TEMPERANCE STREET
1 rll, r� BOWMANVILLE, ONTARIO
LIC 3A6
May 14, 1986.
Visual Arts Centre,
Simpson Avenue,
P.O. Box 52,
Bowmanville, Ontario.
L1C 3K8.
Attention: Mrs. Haunsberger
Dear Mrs. Haunsberger:
Re: Long Term Lease - "Cream of Barley Mill ", property located
on Part of Lot 9, Concession 1, former Town of Bowmanville.
Our File: 16.19.114.
Enclosed herewith is an executed copy of the subject Agreement
for your files.
Yours truly,
Davi W. Oakes, B.A., A.M.C.T., C.M.O.,
Town Clerk.
DWO /ms
Enclosure.
cc: Purchasing Department
TELEPHONE 623 -3379
THIS INDENTURE MADE THE ,� 11 DAY OF Miq � 1986
IN PURSUANCE OF THE SHORT FORMS OF LEASES ACT.
BETWEEN: THE CORPORATION OF THE TOWN OF NEWCASTLE
(hereinafter cE.Iled the "Landlord ")
OF THE FIRST PART
-and-
THE VISUAL ARTS CENTRE OF NEWCASTLE
A Corporation Incorporated under the Laws
of the Province of Ontario
(hereinafter called the "Tenant ")
OF THE SECOND PART
WITNESSETH that in consideration of the rents and covenants
hereinafter set forth the Landlord hereby leases unto the Tenant the
lands and premises describes' in Schedule "A" attached hereto;
TO HOLD the premises for a term of TWENTY -FIVE (25) YEARS
from the date hereof. The Tenant paying therefor yearly in advance
during the term hereby granted the sum of ONE ($1.00) DOLLAR of lawful
money of Canada, the first such payment to be due and payable upon the
execution hereof and subsequent payments to be due and payable on the
29th day of March in each year during the term hereof.
I. The Tenant covenants with the Landlord as follows:
a) to pay rent;
b) to provide public liability and property damage insurance in
an amount not less than $1,000,000.00 for each occurrence
during the currency of this lease;
i
c) to maintain and make normEl repairs necessary for the
operation of the building;
d) to pay during the term hereof all rates and charges for water,
gas, electric lights, telephone and power and other public
utilities or services supplied to the premises; and any
municipal taxes levied thereon;
e) to maintain and keep the premises, described in Schedule "A"
hereto, and every part thereof, in a clean and tidy condition
and not to permit waste paper, garbage,. ashes or waste or
objectionable material to accumulate thereon.
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e) not at any time to permit any mechanic's,
labourer's material -man's or similar lien
to stand against the premises for any labour
or materials furnished to, or with the consent
of, the Tenant, its agents, or contractors, in
connection with work of any character performed
or claimed to have been performed on the premises
by or at the direction or sufference of the
Tenant; PROVIDED, however, that the Tenant shall
have the right to contest the validity of or the
amount claimed under or in respect of, any such
lien, if such contestation shall involve no forfeiture,
foreclosure or sale of the premises or any
part thereof, but upon a final determination
of such contest the Tenant shall immediately pay
and satisfy any judgement or decree rendered against
the Tenant, with all proper costs and charges, and
cause such lien to be discharged and released off
record, all without cost or expense to the Landlord;
PROVIDED FURTHER that on the Tenant's failure
promptly to remove or contest any such lien, the
Landlord, at its option, may pay and discharge
such lien, and all amount paid by or on behalf
of the Landlord, together with all expenses incurred
in connection therewith by or for the Landlord
shall be charged to and paid forthwith by the
Tenant as additional rent;
g) to indemnify the Landlord from any and all
liabilities, damages, costs, claims, suits or
actions growing out of any negligence or breach,
violation or non - performance of any covenant or
proviso hereof on the part of the Tenant or any of
its servants, agents, or employees or any person
having business with the Tenant. Such indemnification
in respect of any such negligence, breach,
violation or non - performance occurring during
the term of the lease shall survive any termination
of this lease, anything in this lease to the
contrary notwithstanding; PROVIDED, however, that
such indemnification shall in no event extend to
the direct, primary and proximate results of the
negligent, reckless or wilful conduct of the
Landlord, its agent, employees or representatives;
2. The Landlord covenants with the Tenant as follows:
a) for quiet enjoyment;
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b) Subject to the approval of the Landlord that the
Tenant when not in default of performance of any
of its obligations hereunder shall have the right
to make at its own expense such alterations or
additions and improvements to the premises as it
may deem advisable provided that no such alteration,
addition or improvement shall reduce the value or
character of the premises or weaken their structural
safety or be detrimental to their use.
3. Proviso for re -entry by the said Landlord on non - payment
of rent or non - performance of covenants.
4. Provided that the Tenant may remove its fixtures and property.
5.' Provided that the Tenant may share in common with others
so entitled the public washroom facilities and connecting common
areas to such facilities adjoining to the north of the main
or first floor of the subject premises.
6. Provided that the Tenant hereby agrees to use the subject
premises as a centre for the arts and to maintain its Charter
and By -laws in a form the same as or similar to the present ones
now in existence so that the membership in the Tenant organization
will be open and available to all members of the Community who
comply with the rules and regulations of the Tenant, such rules
and regulations to be of a form usual to such organization.
7. Should the Tenant cease to be active in the Town of Newcastle
for more than six months, this Lease shall be forfeited and '
vacant possession shall be given forthwith to the Landlord.
8. Provided that should the premises be damaged or destroyed by
fire or other cause, the proceeds of any insurance held by the
Tenant and /or Landlord shall be used to rebuild the premises if
practicable; otherwise such proceeds shall be used to provide
a Centre suitable to the Tenant to be used and occupied.by, the
Tenant on the same or a similar basis'A- oethhat Pon which the premises
hereby leased now are used and occupied.
9. The Tenant may terminate this lease by giving notice in
writing to the Landlord and the effective dates of such termination
shall be six months after such notice is received by the Landlord.
10. If the Tenant goes out of possession of the premises, the
Landlord may enter and take such steps as may be necessary to
maintain same and the Tenant may acquire possession of the premises
once again if it pays to the Landlord the latter's reasonable
expenses in so maintaining the premises provided that
-4-
such right to regain possession shall lapse six months after
the Tenant first goes out of possession.
1. At the termination of the term or any renewal of this
lease, the Tenant shall have the right of first refusal to rent
the premises.
IN WITNESS WHEREOF the Tenant has hereto affixed its
corporate seal duly attested by the hands of its proper officers
in that behalf and the Landlord has hereto affixed its corporate
seal duly attested by the hands of its Mayor and Clerk.
SIGNED, SEALED AND DELIVERED
THE CORPORATION OF THE TOWN
OF NEWCASTLE
C M7
I
THE VISUAL ARTS CENTRE OF NEWCASTLE
G
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SCHEDULE "A"
1. The use of portions of the structure or building known
as the "Cream of Barley Mill" located in the Town of Newcastle
in the Regional Municipality of Durham, now situated on lands
described as Part of Lot 9, Concession 1, particularly
designated as Part 1, Plan IOR -263, and being the following
floors and rooms therein:
a) All of the basement floor area, adjoining rooms and
connecting hallway therein, said latter rooms being
commonly known as the utility- storage and the
fireplace rooms, and
b) All of the entire first, second and third floor
areas and any partitioned rooms or spaces therein.
2. The use of an adequate quantity of land immediately surrounding
the Mill structure, referred to in paragraph 1 in this Schedule,
sufficient for the purposes of automobile parking for all Mill
functions and activities as well as necessary ingress and egress
to and from the said Mill structure.
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