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HomeMy WebLinkAbout2003-149 l' ~ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2003- 149 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Kendal Community Association, to enter into agreement for the use of space in the Kendal Community Centre. 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, Kendal Community Association, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. 29th September By-law read a first and second time this day of , 2003. By-law read a third time and finally passed this 29ifay of SePt,e~03. ,-' Schedule "A" ,:1 .. .:!" I .... " t- ,""- AGREEMENT Page 1 of 3 THIS AGREEMENT made the 3rd d f December ayo 2003. BETWEEN: MUNICIPALITY OF CLARINGTON AND: The Kendal Community Centre WHEREAS the Corporation of the Municipality of Clarington authorize the Kendal Community Association to enter into agreement to lease the property at 6742 Regional Road 18. BY SIGNING THIS AGREEMENT, the parties do hereby agree to be bound by the Terms and Conditions of the following terms and conditions: 1. The tenant shall have and hold as tenant for a term of two years commencing September 1,2003 and ending August 31,2005; and 2. The tenant shall occupy the premises throughout the term for the use as a community centre and for no other reason; and 3. The tenant shall not commit or suffer or permit to be committed any waste or damage, disfiguration or injury to the premises or the improvements, installations, fixtures, and equipment thereon and any nuisance in, at or on the premises; and 4. The tenant shall not do or permit anything to be done that results in the cancellation or threatened cancellation or the reduction of coverage under or threatened reduction of coverage under any insurance policy on the premises or any part of it; 5. The premises is defined for the sake of this agreement as the gymnasium, stage, three classrooms, corridor, an office, kitchen and three washrooms; and 6. The base rent will be $2.00 per year payable to the Municipality of Clarington on or before September 1 st of each year; and 7. The tenant at all times throughout the term shall maintain the premises in a satisfactory condition as determined by the landlord acting reasonably. The tenant shall keep the premises in a clean condition, obtain at its expense, janitorial service and daily operation expenses (utilities). The tenant will be responsible for winter snow removal; and 8. The tenant hereby accepts the premises on an as is basis. The tenant shall maintain and keep the premises and every part thereof in good working order and promptly make all needed maintenance, repairs, and replacements, as would a prudent owner. Prior to assuming occupancy, the Tenant reserves the right to inspect the building; and 9. If structural repairs or replacements to the roof, foundation or load bearing walls, building envelope and / or the heating equipment are needed, then the landlord shall be obligated at their expense to affect such repairs or replacements. Schedule "A" . , AGREEMENT Page 2 of 3 1 O.lf the tenant during the Term of this lease or any renewal of the lease, desires to make any alterations or additions to the Premises, including but not limited to erecting partitions, attaching equipment and installing necessary furnishings or additional equipment of the tenant's business, the tenant may do so at his own expense, at any time and from the time the following conditions are met; a) before undertaking any alteration or addition, the Tenant shall submit to the landlord a plan showing the proposed alterations or additions and the Tenant shall not proceed to make any alteration or addition unless the landlord has approved the Plan. The Landlord shall not unreasonably or arbitrarily withhold approval. 11. The Tenant shall be responsible for and pay the cost of any alterations, additions or installations, or improvements; and 12. No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant or any other person on the Tenant's behalf or any part inside or outside unless approved by the landlord; and 13. All alterations and additions made by or on behalf of the tenant shall immediately become property of the landlord without compensation to the Tenant; and 14. The tenant agrees to observe and comply with all applicable governmental laws and regulations including fire, police, health etc. The Landlord will ensure that all necessary approvals are in place at the time of occupancy including but limited to Fire Marshall's Act, Liquor Control Act etc; and 15. The Kendal Community Centre Board and the Clarington Fire Department will work together to ensure that the development of a Volunteer Fire Station and Community Centre is feasible. 16. The tenant shall not permit or allow any person to smoke tobacco products anywhere in the building; and 17. The Fire Department will have exclusive use of the south classroom and the storage room next to the kitchen for the duration of the term. 18. The Fire Department will be responsible for 50% of the utilities charges. 19. The tenant shall promptly notify the Landlord of any accident, defect, damage or deficiency in or on any part of the premises which comes to the attention of the tenant; and 20. The Landlord will provide the Tenant with full access to all parts of the building during the term of this Agreement; and 21.lf the Tenant is not in default of this Agreement, the Tenant shall have the right to extend the Term of this Agreement for a further period of two years subject to the approval of the Fire Department. Such right shall be exercisable by written notice from the Tenant to the Landlord given no later than 180 days before the expiration of the initial term; and 22. The Landlord covenants with the Tenant for quiet enjoyment; and 23. Both parties shall have the right to cancel this Agreement at any time during the Term by giving the other party no less than three months prior written notice of termination; and 24. The Landlord agrees to provide liability insurance coverage to the Board and its volunteers while this agreement is in place. . ,t . ,.. .- -' Schedule "A" AGREEMENT Page 3 of 3 IN WITNESS THEREOF the parties hereto have caused to be executed those presents by their officers properly authorized in that behalf on the day and year first above written. COMPANY THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON if I~ ~ Landlord