BYLAW - Agreement With Ministry of Attorny General - 19790904 - 229779··----~------""--·--··-··_.,;..:...:.. ~.:~~~""""''-~,;,;.~.;,.,.,;., . . ~ .. , •• ..,.,,;;, .. ~,--~~"'~---·· .>:.::.~· __ ._ . .::._..___:,~ ___ · ______ _.:..~; _______ k _______ • -----
BY-LAW NO. 2297-79
OF THE MUNICIPAL CORPORATION OF THE TOWN OF AURORA
A By-law to authorize the Mayor
and Clerk to execute an Agreement
on behalf of the Town of Aurora
and the Ministry of the Attorney
General.
NOW THEREFORE the Council of the Corporation of the Town
of Aurora Enacts as follows:
THAT the Mayor and Clerk are hereby authorized and directed
to execute the Renewal Lease Agreement between the Town of
Aurora and the Ministry of the Attorney General, for the
use of the Auditorium and Judges Chamber at the Community
Centre.
READ A FIRST AND SECOND TIME THIS 4(/{. DAY 0~ , 1979
.£,0~
Mayor
READ A THIRD TIME AND FINALLY PASSED THIS f.,K DAY 0~, 1979
.LQL
Mayor
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L-1615
THIS AGREEMENT made in quadruplicate as of the First day of January,
One Thousand Nine Hundred and Seventy-Nine.
BETWEEN:
AND:
THE CORPORATION OF THE TOWN OF AURORA
in the Regional Municipality of York
herein called the "Licensor"
HER MAJESTY THE QUEEN in right of
Ontario as represented by the
Minister of Government Services
herein called the "Province"
OF THE FIRST PART
OF THE SECOND PART
WHEREAS by an agreement dated the First day of January, 1976,
the Licensor permitted the Province to use the Auditorium and Adjacent
Premises located at Aurora Heights Drive, in the Town of Aurora, as a
Provincial Court for the period of Three Years commencing on the First
day of January, 1976i
AND WHEREAS the Licensor has agreed to renew the said agree-
ment for a furtherterm of Two Years.
NOW THEREFORE THIS AGREEMENT WITNESSES as follows:
1. This Licensor authorizes the Province to continue its use of
the Auditorium and Adjacent Premises at Aurora Heights Drive, in the
Town of Aurora for a further period of Two Years, commencing on the
First day of January, 1979, on 240 days per year during the Two Year
period as a Provincial Court.
2. In consideration of this agreement, the Province shall pay the
Licensor the sum of $12,480.00 per year for the use of this space in
equal monthly instalments of $1,040.00 payable in advance on or before
the first day of each month.
3. This agreement is subject to all of the terms and conditions of
the agreement between the parties dated the First day of January, 1979,
with the following exceptions:
a) The Province shall have the option to renew this agreement for a
further period of One Year at the same rental and under the same
terms and conditions;
b) The Province may terminate the agreement at any time upon giving
the Licensor three months' prior written notice;
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c) Any notice required to be given to the Licensor shall be
sufficiently given if sent by registered mail addressed to
the Licensor at 50 Wellington Street West, Aurora, Ontario,
L4G JL81
d) Any additional days of use in excess of 240 days per year will
be charged at the rate of $52.00 per diem; and
e) The Province shall pay an annual Operating Cost Adjustment in
accordance with Schedule "A" attached.
IN WITNESS WHEREOF the parties hereto have executed this agreement.
SIGNED, SEALED AND DELIVERED )
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THE CORPORATION OF THE TOWN OF AURORA
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Mayor
HER MAJESTY THE QUEEN in right of
Ontario as represented by:
MINISTER OF GOVERNMENT SERVICES
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SCHEDULE "A"
OPERATING COST ADJUSTMENT
1. In this schedule:
a) "operating cost" means the total amount paid whether
by the landlord or others on behalf of the landlord for
complete maintenance and janitor service for the building
such as are in keeping with maintaining the standard of a
first class office building, all repairs required for such
maintenance, heating costs, including the purchase of steam
for heating or other purposes, elevator maintenance costs,
the cost of providing hot and cold water, the costs of
providing electrictiy not otherwise chargeable to tenants,
the cost of air conditioning and window cleaning, fire,
casualty, liability and other insurance costs, telephone and
other utility costs, service contracts with independent
contractors but shall not include interest on debt, capital
retirement of debt, depreciation, costs properly chargeable
to capital account, any amounts directly chargeable by the
landlord to any tenant or tenants other than operating cost
adjustment or the cost of any repairs to the extent covered
by the proceeds of insurance claims made by. the landlord;.
b) "building and the land pertinent thereto" means the
rentable area of the landlord's building and the parcel of
land upon which the building is situated;
c) "base year" means the first full year of this renewal agree-
ment. . .
d) "subsequent period" means each calendar year
following the base year, the whole or part of which calendar
year is included within the term;
e) "rentable area" means the rentable area of the
premises calculated in accordance with the American St.andard
Method of floor measurement and being for the purposes of
this lease 4,0 81 square feet ; and
f) "proportionate share" means the fraction which has
as its numerator the rentable area of the premises and has
as its denominator the total rentable area of the building,
whether rented or not, subject only to the adjustments which
follow. The total rentable area of the building shall be
calculated as if the building were entirely occupied. by
tenants renting whole floors. The lobby and entrances on
the ground floor used in common by tenants and mechanical
equipment areas shall be excluded from the foregoing cal-
culations. The calculation of the total rentable area of
the building, whether rented or not, shall be determined
upon completion of the building, and shall be adjusted from
time to time to give effect to any structural or functional
change affecting the same. The calculation of the rentable
area of the premises shall be adjusted from time to time to
give effect to any change therein during the term of the
lease.
2. a) If the operating cost for any subsequent period is
more than the operating cost for the base year, the tenant
shall pay the landlord the proportionate share of any such
increase. Any amount so payable shall be paid within Sixty
(60) days following the end of the subsequent period in
which such increase occurs or so soon thereafter as such
amount can be determined. If only part of the final sub-
sequent period is included within the term, any such. amount
payable for such period shall be based upon the amount
payable for the preceding subsequent period, shall be
reduced proportionately, and shall be payable at the end
the term;
of
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b) If the building was not fully occupied by tenants
during the whole of the base year, the operating cost for
·the base year shall be obtained by adjusting actual operating
cost for the base year as if the building had been fully
occupied by tenants during the whole of the base year, and
the operating cost for any subsequent period shall be the
actual amount of operating cost if the building were fully
occupied by tenants .during the whole of such subsequent
period or if the building was not fully occupied by tenants
during the whole of such subsequent period an amount obtained
by adjusting actual operating cost for such subsequent
period as if the building had been fully occupied by tenants
during the whole. of such subsequent period;
c) The landlord shall provide a complete audited
statement of the base year costs to the tenant within sixty
(601 days of the end of the base year;
d) The landlord's invoice for operating cost adjustment
for each subsequent period shall be accompanied by an
itemized audited statement of the operating costs for such
subsequent period signed by the landlord's auditor;
e) The tenant shall have the right to examine the
landlord's books of account upon reasonable notice as a
means of verifying the itemized audited statement of operating
costs submitted by the landlord in support of its claim for
operating cost adjustment;
f) .. If at any time during the term of this lease fifty
.per. cent of the premises become unoccupied and vacant for
periods in excess of thirty days, the landlord shall give
the tenant a credit for any savings in maintenance and janitor
costs. which result from such vacancy. This provision shall
only apply where the vacant area can be isolated from the
rest of the premises and no maintenance of janitorial services
are required; and
g) If the operating costs for any subsequent period are
lower than the operating costs for the base year, the landlord
shall credit the tenant for the proportionate share of any
such decrease.
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DATED as of January 1, 1979
THE CORPORATION OF THE
TOWN OF AURORA
OF THE FIRST PART
and
HER MAJESTY THE QUEEN in right
of Onta~io as represented by
the Minister of Government Services
OF THE SECOND PART
RENEWAL OF AGREEMENT
Director,
Legal Branch,
Ministry of Government Services,
9th Floor, Ferguson
Toronto, Ontario
M7A 1N3
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