HomeMy WebLinkAbout2004-046
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2004- 046
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and Visual Arts
Centre, Bowmanville, Ontario, to enter into agreement for
lease of Visual Arts Centre at 143 Simpson Avenue,
Bowmanville.
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, Visual Arts Centre, 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 third time and finally passed this
THIS INDENTURE dated as of the 15TH
in pursuance of the Short Forms of Leases Act.
ClfJ!.mgron
Municipality of Clarington
EXECUTED CONTRACT
day of MARCH , 2004,
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(hereinafter called 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:
WHEREAS by resolution datedGfA -O'I~- {) 't-_, 2004 and ratified and adopted by
Council on the j b~ day of FeJ.o tv-cc.~ ~ ,2004, the Landlord agreed to
extend the lease to the Tenant dated May 13,1 86 to May 12, 2016 and THAT
Paragraph 1 (b), Page 1 of the said Lease is hereby deleted in its entirety and replaced
with the following:
1 b. Insurance and Indemnification
(a) The Lessee shall provide and maintain during the term of the lease Commercial
I Comprehensive General Liability insurance acceptable to the Municipality and
subject to limits of not less than $3,000,000.00 inclusive per occurrence for
bodily injury, death and damage to property including loss of use thereof.
(b) The Commercial I Comprehensive General Liability insurance policies shall be
in the name of the Lessee and shall name the Lessor as an additional insured
thereunder.
(c) Such insurance policies shall contain an endorsement to provide the
Municipality with thirty (30) days written notice of cancellation.
Evidence of insurance satisfactory to the Municipality's Insurance Administrator
shall be provided prior to execution of the lease. If requested by the Lessor,
Certified Copies of the above-referenced policy must be provided.
(d) The Lessee shall indemnify and save harmless the Lessor from any and all
claims, demands, causes of action, loss, costs or damages that the Lessor may
suffer, incur or be liable for, resulting from the performance of the Lessee of his
obligations under the lease agreement, save and except damages, claims,
rtorn~nrtC> ~"tinnc> nr "'~IIC:::~ nf ~dinn ~ri~inn nut of or as a result of the actions of
Schedule "C"
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
By:
And:
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THE VISUAL ARTS CENTRE
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SCHEDULE "B"
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TH 1 S 1 NDENTURE MADE. THE /') 7-/1 DA Y OF
IN PURSUANCE OF THE SHORT FORMS OF LEASES ACT.
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1986
BETWEEN:
THE CORPORATION OF THE TOWN OF NEWCASTLE
(hereinafter cc lied 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
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WITNESSETH that in consideration of the rents and covenants
hereinafter set forth the Landlord hereby leases unto the Tenant the
lands and premises describeC: 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.
1. 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~
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c) to maintain and make norn!fl 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
_L.__~;~~~hlo m~~~rj~l to accumulate thereon.
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SCHEDULE" B"
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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 cn 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 n~gligence 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
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SCHEDULE "B"
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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 premi~es 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 ~~hat upon which the premises
hereby leased now are used and occupied. e ,...,11, ~(
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.
in 1~ thp Tenant goes out of possession of the premises, the
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SCHEDULE" B"
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
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THE CORPORATION OF THE TOWN
OF NEWCASTLE
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THE VISUAL ARTS CENTRE OF NEWCASTLE
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. PRES IDENT
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?M. }G''"fl'
SECRET ARY
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1. The use of portions of the structure or bui lding 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 10R-263. and being the following
floors and rooms therein:
a) All of the basemeut 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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Schedule "B"
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THIS INDENTURE dated as of the 1st
in pursuance of the Short Forms of Leases Act.
day of
June
,2004,
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(hereinafter called 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:
WHEREAS by resolution dated April 19th ,2004 and ratified and adopted by
Council on the .:3-l-s-t ,26 day of ::Hay April ,2004, the Landlord agreed to
amend the lease to the Tenant dated May 13,1986 to May 12, 2016 and THAT
Paragraph 2, Schedule "A" of the said Lease is hereby deleted in its entirety and
replaced with the following:
2. The use of an adequate quantity of land immediately surrounding the Mill
structure referred to in paragraph 1 in this schedule and as outlined on the
attached drawing marked Attachment #1.
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Schedule "B"
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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 THI;
MUNICIPALITY OF CLARINGTON
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By:
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THE VISUAL ARTS CENTRE
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