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HomeMy WebLinkAboutTR-67-00 '4 ON: TR~B7-00 .- THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Report #: TR-67 -00 FILE#: File #11 7lJ J/I ~../ Res. #6hTJ(-S 5 By-law #r/{)C(}-/7fc:,. Meeting: General Purpose and Administration Committee Date: October 2,2000 Subject: KENDAL COMMUNITY HALL LEASE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report TR-67 -00 be received; 2. THAT the lease agreement with the Kendal Community Association be approved in principle; and 3. THAT the attached By-law marked Attachment "A" be approved authorizing the Mayor and the Clerk to execute the necessary agreement; and 4. THAT, upon successful development of the Kendal Board, the Director of Community Services, may upon request by the Board, authorize an operating grant up to on upset limit of $5,000.00 from the unallocated grant balance; and 5. THAT Council authorize the Director of Public Works to purchase the tables and chairs required for the Kendal Community Hall, with funding to a maximum of $20,000.00 from the Contingency Account # 7007-X-298. BACKGROUND AND COMMENT The Municipality of Clarington purchased the building and property at 6742 Regional Road 18 in the Hamlet of Kendal, late in 1999. In June of this year, an information meeting at the former school was held with over twenty-five residents in attendance. The audience was quite interested in pursuing a community hall agreement with the Municipality and recommended the following: 1. A sub committee be formed to continue discussions with staff to prepare a draft lease agreement; and 2. The community to hold a public meeting in late September to solicit the support of the community; and 828 REPORT NO.: TR-67-00 PAGE 2 3. The Sub Committee to appear before Council following their public meetings. The sub committee met with the Manager of Operations on two occasions throughout the summer and have come to terms in principle with a proposed agreement which is attached marked Schedule "A" of this report. As recommended, the community held a Public Meeting on Thursday September 21, 2000 and recommended acceptance in principle of the proposed terms and conditions as presented. The community also recommended the following members act as a Community Hall Board until elections are held in the spring of 2001: Chris Perron Brian Fostor Kathy Picco Joan Anderson Don Peddar Richard Lowry TERMS AND CONDITIONS The lease being recommended is for a 2 year term with the option of a further two year term. Staff will continue to liaison with the proposed Board to ensure an effective partnership and lease agreement when the Volunteer Station becomes active. The proposed Community Board will be responsible for their own daily maintenance including custodial, light bulb replacement etc. At any time, the Municipality and the Hall Board have the right to terminate the lease agreement if any of the conditions are not met. STARTUP CAPITAL The Interim Board will be requesting a one-time start up grant to purchase chairs and tables which will become the property of the Municipality. Included in the grant request, will be an operational contingency to allow the group some flexibility in their inaugural year. 829 REPORT NO.: TR-67-00 PAGE 3 Respectfully submitted, Reviewed by, .' o Franklin Wu, M.C.I.P.,R.P.P., Chief Administrative Officer Marie Marano, H.BSc., AMCT., Treasurer ~~ Stephen A. Vokes, P. Eng. Director of Public Works Attachment "A" MM*LAB*km 830 Schedule "A" AGREEMENT Page 1 of3 THIS AGREEMENT made the day of 2000. 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 no later than December 1. 2000 and ending December 1, 2002; 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. installations, fixtures, and equipment thereon and any nuisance in, at or on the premises; and 4, The tenant shall not do or permit anything to be done that results in the cancellation or threatened cancellation 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, two classrooms, corridor, kitchen and three washrooms; and 6. The base rent will be $2.00 per year payable to the Municipality of Clarington on or before January 3'" of each year: and 7. The tenant at all times throughout the term shall maintain the premises in a satisfactory condition as determined by the landlord acting reasonably. The tenant shall keep the premises in a clean condition, obtain at its expense. janitorial service and daily operation expenses (utilities), The tenant will be responsible for winter snow removal; and 8. The tenant hereby accepts the premises on an as is basis. The tenant shall 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 ass"ming occupancy. the Tenant reserves the right to inspect the building: anj 9. If structural repairs or repl"cemen!s to the roof, foundation or load bearing walls. building envelope and' C'r the heating eq;;ipment are needed, then the landlord shall be obligated at the;, e;xrdnse to "ffect su~h repairs or replacements. 831 DN:H:WP51DATAJ AGREEMlAKENOAL AGREEMENT Schedule "A" 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 additional 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 landlord 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 regulations 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 Municipality may from time to time give the tenant written notice or rules regarding the operation of the premises; and 16, The tenant shall not permit or allow any person to smoke tobacco products anywhere in the building; and 17. 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 18. The Landlord will provide the Tenant with full access to all parts of the building during the term of this Agreement; and 19, If 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, 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 20. The Landlord covenants with the Tenant for quiet enjoyment; and 21. Both parties shall have the right to cancel this Agreemenc at any time during the Term by giving the other party no less than three month" prior written notice of termination; and 22. The Landlord agrees to provide liability insurance coveragd to the Board and its volunteers while this agreement is in place; and 23, The Landlord agrees to make available, liability insurance coverage to the group and its volunteers through the group policy establishec fe, long term recreational tenants in the amount of $3 million, to be pai" for by the IV'unicipality for a maximum of three years. 832 DN:H:WP51DA.TAI AGREEMlA.KENDAL AGREEMENT Schedule "A" 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 Tenant Landlord Mayor Clerk 833 DN:H:WPS10ATAI AGREEMlAKENDAL THE CORPORA nON OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2000- Being a by-law to authorize an agreement between The Corporation of the Municipality of CIa ring ton and the Kendal Community Centre THE COUNCIL OF THE CORPORA nON OF ruE MUNICIPALITY OF CLARlNGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Municipal Clerk are hereby authorized to execute, on behalf of the Municipality of Clarington and seal with the Corporation Seal, an agreement between the Kendal Community Centre and the Corporation ofthe Municipality of Clarington. 2. THAT the agreement attached hereto as Schedule "A'" form part of this By-law. BY-LAW read a first and second time this 16~ day of October 2000, BY.LAW read a third time and finally passed this 16'h day of October 2000, MAYOR MUNICIPAL CLERK 834