HomeMy WebLinkAboutCOD-006-04
CI!Jl-!lJgton
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: FEBRUARY 9TH, 2004
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Report #: COD-006-04
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By-law #dOOtf - o'ffp
Subject:
VISUAL ARTS CENTRE
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-006-04 be received;
2. THAT the lease agreement with the Visual Arts Centre (Schedule B) be extended to
expire May 12, 2016;
3. THAT the insurance clause item 1 b be amended to reflect the current municipal
standard and practice; and
4. THAT the attached By-law marked Schedule "A" be approved authorizing the Mayor and
the Clerk to execute the necessary agreements;
S"bm_by' ~ .
arie Marano, H.B.Sc., C.M.O.
Director of Corporate Services
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Reviewed by: C
Franklin Wu,
Chief Administrative Officer
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REPORT NO.: COD-006-Q4
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BACKGROUND AND COMMENT
The Municipality has an existing Lease agreement with the Visual Arts Centre, which expires
May 12, 2011.
The Visual Arts Centre have requested an extension to the agreement in order to be eligible to
apply for funding from foundations and other granting agencies. Most granting agencies
require that there be at least a ten year lease agreement in place and as the existing lease
expires in seven years, an extension is requested. Upon review of the lease, it was noted that
the insurance clauses are out dated and it is therefore recommended that they be revised at
the same time. The proposed revisions are as per Schedule "C" attached.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169
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Schedule "A"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-lAW 2004-
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 first and second time this day of
,2004.
By-law read a third time and finally passed this
day of
,2004.
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
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SCHEDULE "B"
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THIS INDENTtlRE MADE THE
I'iff. DAY OF )uo.
1986
IN PURSUANCE OF THE SHORT FORMS OF LEASES ACT.
THE CORPORATION OF THE TOWN OF NEWCASTLE
(hereinafter called the "Landlord")
OF THE FIRST PART
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THE VISUAL ARTS CENTRE OF NEWCASTLE
A Corporktion Incorporated under the laws
of the Province of Ontario
(hereinafter called the "Tenant")
OF THE SECONO PART
WITNESSETH:
WHEREAS by resolution GPA-562-86 dated June 2nd, 1986 and ratified
and adopted by Council on the 9th day of June, 1986, the Landlord
agreed to amend the lease to the Tenant dated May 13, 1986 as follows:
THAT Paragraph #5, Page 3 of thesa,id Lease is hereby deleted in its
entirety and replaced with the following:
5. Provided that the tenant may share in common with the
8aseba11 Club, the small back room in the annex until suitable
al,ernate facilities are found.
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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MAYOR
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THE VISUAL ARTS CENTRE OF NEWCASTLE
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SCHEDULE "B"
THIS INDENTURE MADE THE /.) rlf DAY OF
IN PURSUANCE OF THE SHORT FORMS OF LEASES ACT.
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1986
BETWEEN:
THE CORPORATION OF THE TOWN OF NEWCASTLE
(hereinafter Ci lIed the lILandlord11)
OF THE FIRST PART
-and-
TIlE VISUAL ARTS CENTRE OF NEWCASTLE
A Corporation Incorporated under the Laws
of the Province of Ontario
(hereinafter called the IlTenantU)
OF THE SECOND PART
,
WITNESSETH that in consideration of the rents and covenants
hereinafter set forth the Landlord hereby teases unto the Tenant the
lands and premises describec in Schedul~ uN' 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
durtn9 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
durtng the currency of this lease;.
c) to maintain and make normcl 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 dnd other public
utilities or services supplied to the premises; and any
municipal taxes levted thereon;
eJ to maintain and keep the premises, described in Schedule "A"
Ilereto, and every part thereof> in a clean and ttdy condi tton
and not to permit waste paper, garbage, ashes or waste or
objectionable material 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 agatnst the premises for any labour
or materials furntshed t~, or with the consent
of, the Tenant, its agen~s, or contractors, in
connection with work of a~y character performed
or claimed to have been performed on the premises
by or at the direction OP sufference of the
Tenant; PROVIOEO, however, that the Tenant shall
have the right to contest the validity of or the
amount clatmed under or tn 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 ftnal determination
of such contest the Tenant shall tmmedtately pay
and satisfy any judgement 'or decree rendered agatnst
the Tenant, with alt proper costs and charges, and
cause such lten to be discharged and released off
record, all wtthout cost or expense to the Landtord;
PROVlOED FURTHER ttlat on the Tenant's fatlure
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 en behalf
of the Landlord, together with all expenses tncurred
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 atl
liabilities, damages. costs. claims. suits or
actions growing out of any n~gligence or breach.
violation or non-performance of any covenant or
provtso hereof on the part of the Tenant or any of
its servants. agents, or employees or any person
having business with the Tenant. Such tndemntficatton
in respect of any such negttgence, 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; PROVlOED, however, that
such indemnification shall in no event extend to
the direct. primary and proximate results of the
negltgent, reckless or wilful conduct of tile
Landlord, tts agent, employees or representatives;
2. Tile Landlord covenants with tile Tenant as follows:
a) for quiet enjoyment;
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SCHEDULE "B"
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b) Subject to the approval of the Landlord that the
Tenant when not tn default of performance of any
of its obligattons hereunder shall have the rtght
to make at its own expense such alterations or ,
addttions and improvements to the premises as it
may deem advisable provtded that no such alteration,
additton or improvement shall reduce the vatue or
character of the premises or weaken their structural
safety or be detrimental to thetr use.
3. Proviso for re-entry by the satd Landlord on non-payment
of rent or non-performance of covenants.
4. provtded that the Tenant may remove its fixtures and property.
5. Provtded that the Tenant may share in common with others
so entttled the public washroom faciltties and connecting common
areas to such factlities adjoining to the north of the main
or first floor of the subject premises.
6. Provtded that the Tenant hereby agrees to use the subject
premises as a centre for the arts and to maintain its Charter
and By-Jaws tn a form the same as or similar to the present ones
now tn existence so that the membershtp 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 organizatton.
7. Should the Tenant cease to be acttve in the Town of Newcastte
for more than stx months, thts Lease shall be forfetted and
vacant possession shall be given forthwith to the Landlord.
8. Provided that should the premi~.s 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 tf
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 occupted. e ,1~~(
9. The Tenant may terminate this lease by giving notice in
writing to the Landlord and the effective dates of such termtnation
shall be six months after such nottce ts received by the Landlord.
10. If the Tenant goes out of possess ton 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 tf it pays to the Landlord the latter's reasonable
expenses in so maintaining the premises provided that
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SCHEDULE "B"
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such rtght to regain possession\shall lapse stx months after
the Tenant first goes out of po\seSSion.
I. At the termtnation of the term or any renewal of this
lease. the Tenant shall have th~ right of first refusai to rent
~he premises.
IN WITNESS WHEREOF the Tenant has hereto affixed its
corporate seal duly attested by the hands of its proper officers
tn that behalf and the Landlord has hereto afftxed 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 WLN I
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SLCRU ARY
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1. The use of portions of the structure or building known
as the "Cream of Barley Mi II" located in the Town of Newcastle
in the Regional Municipality of Durham, now situated on lands
described as Part of Lot 9, Concesston 1, particularly
designated as Part I, Plan 10R-263, and being the following
floors and rooms therein:
a) All of the basement floor area, adjoining rooms and
connecting hallway theretn, said latter rooms'being
commonly known as the utiltty-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 atl Mtll
functtons and activittes as well as necessary ingress and egress
to and from the said Mill structure.
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Schedule "C"
THIS INDENTURE dated as of the
in pursuance of the Short Forms of Leases Act.
day of
,2004,
BETWEEN:
,
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
I
(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 , 2004 and ratified and adopted by
Council on the day of , 2004, the Landlord agreed to
extend the lease to the Tenant dated May 13,1986 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:
1b. Insurance and Indemnification
(a) The Lessee shall provide and maintain during the temn of the lease Commercial
/ Comprehensive General Liability insurance acceptable to the Municipamy 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/ 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 perfomnance of the Lessee of his
obligations under the lease agreement, save and except damages, claims,
demands, actions or cause of action arising out of or as a result ofthe actions of
the Municipality, its agents or employees.
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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 THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
By:
John Mutton, Mayor
And:
Patti L. Barrie, Clerk
THE VISUAL ARTS CENTRE
By:
And:
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