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HomeMy WebLinkAboutCOD-021-04 .. '- , CI!llinglOn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: APRIL 19TH, 2004 Report #: COD-021-04 File#_ By-law # ,-2U:H -I/e 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-021-04 be received; 2. THAT the lease agreement with the Visual Arts Centre (Schedule B) be amended to include additional surrounding lands; and 3. THAT the attached By-law marked Schedule "A" be approved authorizing the Mayor and the Clerk to execute the necessary agreements; Submitted by: c2d70 Marie Marano, H.B.Sc., C.M.O. Director of Corporate Services UqJ.Z f Q rl (} Reviewed by: ( ~ tc. Franklin Wu, Chief Administrative Officer MMILABlkm 1243 " REPORT NO.: COD-021-04 PAGE 2 BACKGROUND AND COMMENT The Municipality has an existing Lease agreement with the Visual Arts Centre, which expires May 12, 2016. As per Engineering Report EGD-14-04 marked Schedule "C" attached, the Bowmanville Rotary Club is proceeding with developing an outdoor display space at the Visual Arts Centre. The Bowmanville Rotary Club intends to apply to the Ontario Trillium Foundation for funds. However, to be eligible, the Visual Arts Centre must lease the area surrounding the building where the display area is to be situated. The Visual Arts Centre have therefore requested an amendment to the agreement to include the additional lands required. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO l1C 3A6 T(905)623-3379 F (905)623-4169 1244 , > 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 1245 .. Scheduie "B" THiS INDENTURE dated as of the in pursuance of the Short Forms of Leases Act, day of ,2004. BElWEEN: 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 , 2004 and ratified and adopted by Council on the day of . 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. H:ILEASESWIS-ART-C-2004_AMENDMENT.doc PAGE 1 . Schedule "B" 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 Cleric 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: PAGE 2 H:ILEASEswrS-ART-C-2004.AMENDMENT.dOC . Dt!lf'LAY ~ ...... l\:) "... 00 ATTACHMENT NO.: 1 REPORT NO.: EGD-14-04 - ~ - -- - - ((>Is] J.R. FREETHY ARCHITECT A t:: 7=__ .~ :::..:::' -- ., ""('" . I, ~ '.... ,l .. '1'" ~"I ',' 1.'1 trJ~ I'. " ~ r \ ...., . '.'r:' tJ~t~",~,:" ',' . < THIS INDENTURE dated as of the 15TH in pursuance of the Short Forms of Leases Act. Ut~~:II'~ :a~S(.V~~ 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 dated Gf'A -0'115"- 0 't- .2004 and ratified and adopted by Council on the i b-H-, day of reJ.o ,"'"""-< ~ ,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/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, demands, actions or cause of action arising out of or as a result of the actions of the Municipality, its agents or employees. PAGE 1 H:\LEASES\VIS-ART -C-2004.doc 1249 Scheduie "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: And: THE VISUAL ARTS CENTRE By>4/c~ ~ .1'- . ~ And: )j " ' -<;. - I PAGE 2 H:\LEASES\VJS-ART-C-2004.doc . 1250 --, .....VVl-L.. D THIS INDENTURE MADe THE IN PURSUANCE OF THE SHORT BETWEEN: j'5ri! DAY OF FORMS OF lEASES ACT. THE CORPORATION OF THE TOWN OF NEWCASTLE /"/11/ 1986 (hereinafter cdled 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 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 "AlI 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) OOLLAR 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;. c) to maintain and make normc 1 repairs necessary for the operation of the building; d) to pay during the term hereof aI I rates and charges for water, gas, electric li9hts, telephone and power and other publiC utilities or services supplied to the premises; and any municipal taxes levied thereon; e) to maintain and keep tile premises, described in Schedule "A" Ilereto, and every part thereof, in a clean and tidy condition and not to permit waste paper, garbage, ashes or waste or objectionable material to accumulate thereon, 1251 , ",' SCHEDULE "8" -2- eJ not at any time to permit any mechanic's, labourer's material-man's or similar lien to stand against the premises for any iabour 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 en 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 SUCll neg I igence, 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 notwithstandtng; PROVIDED, however, Wat such indemnification shall in no event extend to the direct, primary and proximate results of the negligent, reckless or wilful conduct of the Landlord, its agent, employees or representatives; 2, The Landlord covenants with the Tenant as follows: aJ for quiet enjoyment; 1252 ~' u .:>LHl:UULt "I)" '" -3- 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 addittons 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~Gs 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 ~11.1( 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. 10. If the Tenant goes out of possession 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 If It pays to the Landlord the latter's reasonable expenses in so maintaining the premises provided that 1253 ., v -4- ",,---,' SCHEDULE "13" 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 premi ses. 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 TOWN OF NEWCASTLE THE VISUAL ARTS CENTRE OF NEWCASTLE .~~~ PRtS !DEN I ~~,~ )<;,~ tt I StCRET ARY " 1254 I.Ji;I v 1. The use of portions of the structure or bUilding known as the "Cream of Barley Mili" located in the Town of Newcastle in the Regional Municipality of Durham, now situated on lands described as Part of Lot 9, Concession t, particularly designated as Part I, Plan tOR-263, and being the following floors and rooms therein: a) All of the basement 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 Mi 11 structure. " 1255 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. THATthe contract attached hereto as Schedule "A" form part of this By-law. By-law read a third time and finally passed this . 125B SCHEDULE lie" r!milJgtDn REPORT ENGINEERING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: March 29, 2004 Report #: EGD-14-04 File#: By-law #: Subject: Bowmanville Rotary Club Centennial Project, Soper Creek Park RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-14-04 be received for information. Submitted by: Anthony Cannella, C.E.T. Reviewed by: Franklin Wu, Director of Engineering Services Chief Administrative Officer ayftY~ U~~ PW/ASC~w March 22, 2004 , CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWf'::!ANVl'f5SfT.4.Filn.._1C 3A6 T 905-623-3379 F 905-623-9282 ..It .~" - SCHEDULE "c" REPORT NO.: EGD-14-04 PAGE 2 1.0 PURPOSE OF REPORT To update Council on the proposal by the Bowmanville Rotary Club to create an outdoor display and performance space at the Visual Arts Centre 01AC) in Soper Creek Park. 2.0 BACKGROUND At the October 20, 2003 Council meeting, Kevin Anyan of the Bowmanville Rotary Club addressed Council seeking approval of the Club's concept for improvements to Soper Creek Park surrounding the VAC. The Bowmanville Rotary Club is proposing to undertake the improvements as its Rotary Centennial project. The Club has since developed detailed plans illustrating their proposal for an outdoor display and performance space (Attachment No. 1 & 2), a phasing schedule and cost estimate. 3.0 COMMENTS The VAC has been utilizing the outdoor space surrounding the VAC from the mid 90's to the present for their annual Art On Public Lands exhibition where the work of selected artists is displayed outdoors for a one year period. Currently the outdoor display area is grassed with no walkways, seating, or paved viewing areas. At certain times of the year the area is very damp, The objective of the Rotary Club's project is to create an outdoor display space to accommodate public art in a natural setting with walkways, seating areas and other features. The outdoor display and performance space would enhance the Art On Public Lands exhibition and hopefully become a major attraction within Soper Creek Park and the Municipality, r. 1258 SCHEDULE "C" REPORT NO.: EGD-14-04 PAGE 3 The main components of the Rotary Club's proposal are; a new interlocking paver display and performance space with a pre-cast concrete seating area surrounding it, a wooden structure to display artwork, new walkways connecting the building to the display area, a new trail along the creek edge, and an artificial stream and bridge. The VAC has worked with Rotary Club on the development of the plan. The Departments of Engineering and Operations have also been consulted while the plan was being developed. The total estimated cost of the project is $237,000. The Rotary Club is committed to fund raising for the project in its entirety. They propose to raise the required funds from the sale of individual bricks, and from grants from other sources. The Operations Department would assist by making improvements to the existing parking lot. The implementation of the project has been divided into 3 phases. It is important that each phase of the project is functional and useful in the event that subsequent phases are not completed because of funding shortfalls. The Operations Department is responsible for maintaining the grounds surrounding the Visual Arts Centre, Since the area is mainly grass, maintenance includes grass cutting and litter pick-up. Installing and maintaining the art displays is the responsibility of the VAC, Once completed the Municipality would be required to maintain the grass, walkways, planting beds and seating areas. The art displays would remain the responsibility of the VAC. 4.0 CONCLUSION The creation of a formalized outdoor display space at the VAC is a natural extension of the VAC mission to promote the creation, display and appreciation of visual arts in the Municipality of Clarington, " 1259 SCHEDULE "c" . REPORT NO.: EGD-14-04 PAGE 4 The Bowmanville Rotary Club is a supporter of the VAC and has chosen this project as their Rotary Centennial Project. The Club is committed to raising the funds required to complete the project. The Municipality continues to support their efforts to create an outdoor display space at Soper Creek Park. Attachments: Attachment No, 1: Site Layout Plan Attachment No.2: Amphitheatre ~ 1260 ~y N/fI!A5 - -- - (P)le] Vg J.R. FREETHY ARCHITECT ~ t_~ ... ---- ---- -.. ..... ---- -- .' .. ,.,.t" '\. -, ..... <l,1 L .. .\ \,1 "I" .',, ... . 'i I ~ J , ,r, 'r f r ~ ~. 'I .' r:' "'~'~'>t~" ::,' 'J' .. ..' J i-'- N c:7~ i-'- ATIACHMENT NO.: 1 REPORT NO.: EGD-14-04 iSCHEDULE "C" ;.;1 \ - " - - -= (01s1 J.R FREETHY ARCHITECT .Ai. a.=..-_ ... ---- ---- -- ...- ---- -- , "'\' ""l' ~J - '../ .( ,l,~ ' ., \. '.1,' I 'I'T ..'1' 0,;\ ~ .; l'J 1 \', "if . \ ,f", ,c '''y '.,it: ,.:;;. , .. 10" /II ..mt::A,-. - .- Nl c:n Nl ATTACHMENT NO.: 2 REPORT NO.: EGD-14-04 I ISCHEDULE "c"