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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2004- 136
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and Kendal
Community Centre, Ontario, to enter into agreement for the
property at 6742 Regional Road 18, Kendal, Ontario.
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 Centre , of Kendal, 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 31 day of May ,2004.
By-law read a third time and finally passed this 31 day of May ,2004.
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Schedule "C"
THIS INDENTURE dated as of the 20th
in pursuance of the Short Forms of Leases Act.
day of July
,2004,
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(hereinafter called the "Landlord")
OF THE FIRST PART
- and -
THE KENDAL COMMUNITY CENTRE
(hereinafter called the "Tenant")
OF THE SECOND PART
WITNESSETH:
WHEREAS by resolution dated Mav 31 ,2004 and ratified and adopted by
Council on the 31st day of May ,2004, the Landlord agreed to
amend the lease to the Tenant dated October 3,2003 to August 31,2005 and THAT
item 2 is deleted in its entirety and replaced with the following:
"The tenant shall occupy the premises throughout the term for use as approved by the
Municipality of Clarington."
And That the following clause is hereby added to the agreement:
25. Riqht to Sublet
The Tenant shall have the right to sublease any portion of their useable leased
area, provided that the use and occupation of the Area of the Premises remains
as permitted by this lease, and is complimentary to the operation of the Tenant.
The Tenant must request from the Landlord written approval of any sublease
proposed, approval of which will not be unreasonably withheld.
It is the Tenants responsibility to ensure that all terms and conditions of this lease
are adhered to by tenants subleasing.
At any time during the term of the lease, the Landlord reserves the right to revoke
the right to sublease, should the Tenants who have subleased be in violation 0 f
the terms of this lease, and or should the intended use of the premises not be
maintained.
The Tenant will assume all responsibility for any subtenants with respect to
Insurance and Indemnification as identified in this lease. The existence of any
sublease shall in no way reduce the responsibility of the Tenant.
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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 KENDAL COMMUNITY CENTRE
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H:ILEASESIKENDAL-C-2004-AMENDMENT.doc