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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 � jj 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. -2- 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; -3- 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 1z / � (C/'� 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. t