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HomeMy WebLinkAboutCOD-027-04 .' REPORT I; 3 CI~#]gron REPORT CORPORATE SERVICES DEPARTMENT Meeting: COUNCIL Date: Monday, May 31,2004 'l rZk:) C - ,17.2 'l L( By-law # Report #: COD-027-04 File#_ Subject: KENDAL COMMUNITY CENTRE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-027-04 be received; 2. THAT the lease agreement with the Kendal Community Centre (Schedule B) be amended as per Schedule "C"; and 3. THAT the attached By-law marked Schedule "A" be approved authorizing the Mayor and the Clerk to execute the necessary agreement. Submitted by: Reviewed by,' a In Wu, ,/i1'Chief Administrative Officer MM\LAB\km " REPORT NO.: COD-027-04 PAGE 2 BACKGROUND AND COMMENT The Municipality has an existing Lease agreement with the Kendal Community Centre, which expires August 31, 2005. The Municipality has been approached by Sherrill Souch to lease space from the Kendal Community Hall for a Canada Post Outlet. The existing lease agreement with the Kendal Community Centre does not allow for sub leasing and expressly states that the space must be used only for a community hall. Written confirmation has been received from the President of the Board that they have no objection to the space being used for this purpose. It is therefore recommended that the agreement with Kendal Community Centre be amended. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 .-" Schedule "An 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 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 day of ,2004. By-law read a third time and finally passed this day of ,2004. John Mutton, Mayor Patti L. Barrie, Municipal Clerk SCHEDULE "B" AGREEMENT Page 1 of3 THIS AGREEMENT made the 1ril day of n....I"n'h"'T" 2003. BETWEEN: MUNICIPALITY OF CLARINGTON AND: The Kendal Community Centre WHEREAS the Corporation of the Municipality of Clarington authorize the Kendal Community Association to enter into agreement to lease the property at 6742 Regional Road 18. BY SIGNING THIS AGREEMENT, the parties do hereby agree to be bound by the Terms and Conditions of the following terms and conditions: 1. The tenant shall have and hold as tenant for a term of two years commencing September 1,2003 and ending August 31 ,2005; and 2. The tenant shall occupy the premises throughout the term for the use as a community centre and for no other reason: and 3. The tenant shall not commit or suffer or permit to be committed any waste or damage, disfiguration or injury to the premises or the improvements, instailations, fixtures, and equipment thereon and any nuisance in, at or on the premises; and 4. The tenant shail not do or permit anything to be done that results in the canceilation or threatened canceilation or the reduction of coverage under or threatened reduction of coverage under any insurance policy on the premises or any part of it: 5. The premises is defined for the sake of this agreement as the gymnasium, stage, three classrooms, corridor, an office, kitchen and three washrooms; and 6. The base rent will be $2.00 per year payable to the Municipality of Clarington on or before September 1" of each year; and 7. The tenant at ail limes throughout the term shail maintain the premises in a satisfactory condition as determined by the landlord acting reasonably. The tenant shail keep the premises in a ciean condition, obtain at its expense, janitorial service and daily operation expenses (utiiities). The tenant will be responsible for winter snow removal; and 8. The tenant hereby accepts the premises on an as is basis. The tenant shail maintain and keep the premises and every part thereof in good working order and promptly make all needed maintenance, repairs, and replacements, as would a prudent owner. Prior to assuming occupancy, the Tenant reserves the right to inspect the building; and 9. If structurai repairs or repiacements to the roof, foundation or load bearing wails, building envelope and lor the heating equipment are needed, then the landlord shail be obligated at their expense to affect such repairs or replacements. ii\L':l\~"F>:. ,<!",,-,-, SCHEDULE "B" AGREEMENT Page 2 of 3 1 O.lf the tenant during the Term of this lease or any renewal of the lease, desires to make any alterations or additions to the Premises, including but not limited to erecting partitions, attaching equipment and installing necessary furnishings or additionai equipment of the tenant's business, the tenant may do so at his own expense, at any time and from the time the following conditions are met; a) before undertaking any alteration or addition, the Tenant shall submit to the landlord a plan showing the proposed alterations or additions and the Tenant shall not proceed to make any alteration or addition unless the iandlord has approved the Plan. The Landlord shall not unreasonably or arbitrarily withhold approval. 11. The Tenant shall be responsible for and pay the cost of any alterations, additions or installations, or improvements; and 12. No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant or any other person on the Tenant's behalf or any part inside or outside unless approved by the landlord: and 13. All alterations and additions made by or on behalf of the tenant shall immediately become property of the landlord without compensation to the Tenant: and 14. The tenant agrees to observe and comply with all applicable governmental laws and re9ulations including fire, police, health etc. The Landlord will ensure that all necessary approvals are in place at the time of occupancy including but limited to Fire Marshall's Act, Liquor Control Act etc; and 15. The Kendal Community Centre Board and the Clarington Fire Department will work together to ensure that the development of a Volunteer Fire Station and Community Centre is feasible. 16. The tenant shall not permit or allow any person to smoke tobacco products anywhere in the building; and 17. The Fire Department will have exclusive use of the south classroom and the storage room next to the kitchen for the duration of the term. 18. The Fire Department will be responsible for 50% of the utilities charges. 19. The tenant shall promptly notify the Landlord of any accident, defect, damage or deficiency in or on any part of the premises which comes to the attention of the tenant: and 20. The Landlord will provide the Tenant with full access to all parts of the building during the term of this Agreement; and 21.lf the Tenant is not in default of this Agreement, the Tenant shall have the right to extend the Term of this Agreement for a further period of two years subject to the approval of the Fire Department. Such right shall be exercisable by written notice from the Tenant to the Landlord given no later than 180 days before the expiration of the initial term; and 22. The Landlord covenants with the Tenant for quiet enjoyment; and 23. Both parties shall have the right to cancel this Agreement at any time during the Term by giving the other party no iess than three months prior written notice of termination; and 24. The Landlord agrees to provide liability insurance coverage to the Board and its volunteers while this agreement is in place. H:\LEASFS<,LS,f<r::-"::\10/\LCC [jC;";; AGREEMENT SCHEDULE "B" Page 3 of 3 IN WITNESS THEREOF the parties hereto have caused to be executed those presents by their officers properly authorized in that behalf on the day and year first above written. COMPANY THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ,,6 )iL "~,q~ ?!fib'A<~ erk Landlord li:\U:ASE S';.L:" .(F ~CI\L J' 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 (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 , 2004 and ratified and adopted by Council on the day of , 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 throu9hout the term for use as approved by the Municipality of Clarington: And That the following clause is hereby added to the agreement: 25. Riaht 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. H;\LEASEs\KENDAl.C-2004_AMENDMENT.doc PAGE 1 --- ." 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 KENDAL COMMUNITY CENTRE By: And: H:\LEASESIKENDAL-C-2004-AMENDMENT.dOC PAGE 2 ------