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Home My WebLink AboutTR-15-01 '-.,/ ,,- . ON: TR-15-01 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Adrninistration Comrnittee File# 1 () { Res. # 0111- /@-o! Oate: March 26, 2001 Report #: TR-15-01 FILE#: By-law # LEASE AGREEMENT, SCHLEISS DEVELOPMENT COMPANY LTD., SILVER STREET PARKING LOT RECOMMENDATIONS: Subject: It is respectfully recommended that the General Purpose and Adrninistration Comrnittee recornrnend to Council the following: 1. THAT ReportTR-15-01 be received; 2. THAT the attached by-law Schedule "A" be forwarded to Council for approval, authorizing the Mayor and the Clerk to execute a lease agreement with Schleiss Oeveloprnent Cornpany Ltd. BACKGROUND AND COMMENT The Municipality of Clarington currently leases Lots 42,43,130, 131, Block M, Silver Street Parking Lot, Bowrnanville at an annual rate of $1.00. A new lease agreernent is proposed cornmencing January 1, 2001 and expiring Oecernber 31,2003. As the current lease has expired, staff respectfully recomrnend, that the proposed rental agreernent be accepted, effective January 1, 2001. A copy of the lease is attached rnarked Schedule "B". Respectfully submitted, Reviewed by, d ~-~~ Franklin Wu, M.C.I.P.,RP.P., Chief Adrninistrative Officer ie arano, H.BSc., AMCT., Treasurer MM*LAB*krn 901 Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2001- Being a By-law to authorize the execution of an offer to Lease Agreement between the Corporation of the Municipality of Clarington and the Schleiss Developrnent Cornpany Ltd., in respect of a lease for the prernises situated at Lots 42, 43, 130 and 131, Block M, Silver Street Parking Lot, Bowrnanville, 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 with the Corporation Seal, an offer to Lease Agreement between the Schleiss Development Company Ltd., and said Corporation; and 2. THAT this agreement attached hereto as Schedule "B" forrn part of this By-law. By-law read a first and second time this day of March, 2001. By-law read a third tirne and finally passed this day of March, 2001.. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 902 THIS, INDENTURE made in triplicate as of the day of January. 2001. IN PURSUANCE OF THE SHORT FORMS OF LEASES ACT, BETWEEN: SCHLEISS DEVELOPMENT COMPANY L1MIT~ a corporation incorporated under the laws of the Province of Ontario hereinafter called the "LANDLORD" OF THE FIRST PART - and- THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON hereinafter called the "TENANT" OF THE SECOND PART WITNESSETH: In consideration of the rents reserved hereby and the covenants contained on the part of the tenant, the landlord hereby leases to the tenant all that portion of Municipal Lots 42. 43, 130 and 131, Block M, John Grant's Plan in the Municipality of Clarington in the Regional Municipality of Durham, in the Province of Ontario (herein called the "premises") TO HOLD the premises for three (3) years. commencing the 1 st day of January. 2001. THE TENANT PAYING therefore during the term, the fOllowing rent: (a) a rental of One Dollar ($1.00) per year, payable in advance on the 1st day of January, 2001, 1, TENANT'S COVENANTS (al Rent- To pay Rent; (b) Taxes - to pay taxes, assessed on or in respect of the premises and any part thereof; (c) Assignment - Not to assign or sublet or part with possession of the premises or any part thereof without leave, except as hereinafter provided; (d) Leaving premises in good repair - To leave the premises in good repair, reasonable wear and tear only expected; (e) Tenant to construct parking area - That it will design and construct at its own expense and have completed in a substantial and workmanlike manner in accordance with the design criteria, specifications, plans and materials prepared by the tenant; (i) paved driveways and parking areas for the parking of motor vehicles; (ii) drainage facilities; (iii) architectural landscaping and planting of trees and greenery; (iv) all other structures and facilities required for a parking lot. (I) Supervision - That it will adequateiy supervise the construction of the parking lot; (9) Inspection - To permit representatives of the landlord to inspect the premises at any time; qn-z, , J LEASE AGREEMENT - SCHLEISS PAGE 2 OF 3 (h) Snow and Ice Removal - To clear and remove snow and ice from all driveways and parking areas; (l) Liability Insurance - To take out and keep in force during the term of this lease, a policy or policies of public liability and property damage insurance acceptable to the landlord providing coverage in respect of anyone accident to the limit of One Million Doliars ($1,000,000.00) which amount shall be subject to actuarial adjustment from time to time, exclusive of interest and costs, against loss or damage resulting from bodily injury to or death of one or more persons and loss of or damage to property and that such policy will name the landlord as an additional insured thereunder and will protect the landlord against all claims for all damages or injury including death to any person or persons and for damage to any property of the landlord or any other public or private property arising out of any act or omission on the part of the tenant, its servants or agents and to forward a certified copy of the insurance policy to the landlord upon request. 2. LANDLORD'S COVENANTS The landlord hereby covenants with the tenant as follows: (a) Quiet Enjoyment - for quiet enjoyment. 3, EXTENSION Provided always and it is mutually agreed that at the expiration of the term comprised in this lease the term shall be deemed to be extended for a further period of two (2) years upon the same terms and conditions as are contained in this lease, save only a right of further renewal. During such extension or renewal period the landlord or tenant shall have the right to terminate the lease by giving the other party six (6) months notice In writing of the intention to terminate the lease. 4. FIRST RIGHT OF REFUSAL If the landlord receives a bona fide offer to purchase the premises which the landlord is Willing to accept, then the landlord shall give written notice of such offer to the tenant by sending to it a true copy thereof and the tenant shall have the right during the next Sixty (60) business days after the giving of such notice, by written notice given to the landlord, to elect to purchase the premises for the price and upon the terms and conditions contained in the said offer. If the tenant does so elect, the notice given by it shall constitute a binding Agreement of Purchase and Sale. If the tenant does not so elect, the landlord shall be free to sell the premises on the terms and conditions set forth in the said Offer. If the premises are not sold under the terms of that offer, the landlord shall be obliged to submit any further offer to the tenant by giving written notice thereof to the tenant in the manner in this clause provided. Provided however that the landlord may convey the subject lands or assign this lease to any related person or corporation and covenants to have the grantee or assignee of this lease abide by the tenns of this lease. 904 LEASE AGREEMENT - SCHLEISS PAGE 3 OF 3 IN WITNESS WHEREOF the parties have hereunto set their hands and seals by the lands of their proper signing officers duly authorized in that behalf. SCHLEISS DEVELOPMENT COMPANY LIMITED Per: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Per: Mayor Clerk 9~j5