HomeMy WebLinkAboutBy-law No. 2022-071THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2022-071
A BY-LAW TO AUTHORIZE THE EXECUTION OF A LIBRARY LEASE AGREEMENT
BETWEEN THE MUNICIPALITY OF BAYHAM AND THE COUNTY OF ELGIN — FRED
BODSWORTH (Port Burwell)
WHEREAS pursuant to Section 26, subsection 2, of the Public Libraries Act, R.S.O 1990, as
amended, the Council of a municipality may enter into an agreement to provide
accommodation to a County Library Board, -
AND WHEREAS The Municipality of Bayham currently has a lease agreement with the
County of Elgin for use of the Fred Bodsworth Library facility that expires on December 31,
2022;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of
entering into an Elgin County Library Lease Agreement to provide facilities for library
purposes in Port Burwell;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement
attached hereto as Schedule "A" and forming part of this by-law;
2_ AND THAT this by-law shall come into full force and effect as of January 1, 2023.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 3RD DAY OF
NOVEMBER 2022.
W "O � /"�
11 ; �
THIS LEASE made in triplicate this __ day of 2022 (pursuant to the
Commercial Tenancies Act, R.S.O. 1990, c. L. 7)
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
-AND-
CORPORATION OF THE COUNTY OF ELGIN
(the "Lessor")
OF THE FIRST PART
(`Elgin")
OF THE SECOND PART
WHEREAS:
A. The Lessor is a duly incorporated local municipality in the province of Ontario,
incorporated pursuant to the Municipal Act, 2001 R.S.O. 2001 c. M. 25 (the "Municipal
Act, 2001');
B. Elgin is a duly incorporated upper tier municipality in the province of Ontario,
incorporated pursuant to the Municipal Act, 2001.
C. The Lessor is the owner of certain lands known municipally as 21 Pitt Street, Port
Burwell, ON, NOJ 1YO, which lands are more particularly shown and described in
Schedule "A" hereto (hereinafter referred to as the "Lands");
D. Situated upon the Lands is a premises locally known as the Fred Bodsworth Public
Library of Port Burwell; and
E. The Lessor has agreed to lease the said premises located upon the Lands to Elgin on
the terms and conditions set forth in this Agreement.
NOW THEREFORE in consideration of the rents, covenants, and agreements contained
herein on the part of Elgin to be paid, observed, and performed, the sufficiency of which is
hereby acknowledged by the parties, the Lessor and Elgin agree as follows:
Definitions
In addition to terms defined elsewhere in this Agreement, the following terms have the
following meanings:
"Agreement" means this Lease Agreement, as it may be confirmed, amended, modified,
supplemented or restated by written agreement between the Parties
"Annual CPI Adjustment" means an annual adjustment to the amount of the annual rent
compared to the previous year, in an amount equivalent to the increase, if any, to the
rate of inflation as determined by the Ontario Consumer Price Index. The Annual CPI
Adjustment shall commence in 2024 and occur by March 31st in each year of the Term of
this Agreement thereafter, following the annual CPI rate for the previous year becoming
available from the Province of Ontario, and shall be applied retroactively to January 1st of
each year of this Agreement beginning in 2024.
"Business Day" means any day excluding Saturday, Sunday or a statutory holiday in the
Province of Ontario.
"Community Partners" means the governmental agencies, community groups/agencies,
not -for -profit and charitable organizations or facility rental user(s) selected by Elgin in its
sole and absolute discretion to have access to the Leased Premises, as defined in
Section 2 of this Agreement.
"Library Services" means all programs and social services delivered by Elgin and its
Community Partners from the Leased Premises.
"Parties" means the Lessor and Elgin collectively and "Party" means any one of them.
"Trade Fixtures" means its common law definition and includes but is not limited to
shelving installed for library operations.
Premises
The Lessor doth demise and lease unto Elgin and Elgin doth lease and take from the
Lessor, for the purpose of operating a library including providing Library Services, for the
term herein described and upon the terms and conditions set out in this Agreement, a
portion of the premises located upon the Lands, which premises are comprised of
approximately eight hundred (800) square feet of useable interior space and more
particularly shown in the sketch attached hereto as Schedule "B" (hereinafter referred to
as the "Leased Premises").
3_ In addition to the Leased Premises, the Lessor grants unto Elgin and Elgin takes from
the Lessor, rights and areas of access and rights thereto:
a. In common with employees of the Lessor, the right to utilize employee facilities
located upon the Lands and the premises located thereon;
b. The right of its servants, agents, employees, and invitees to pass and re -pass
through and/or over the public hallways, corridors, driveways, and parking areas,
if any, located upon the Lands and associated with the premises located thereon;
and
C_ The right of its servants, agents, employees, and invitees to utilize parking
facilities, if any, located upon the Lands and associated with the premises
located thereon.
4_ The Leased Premises and associated areas of access and use are highlighted on the
sketches attached as Schedule "B" hereto.
TERM
5. Subject to any renewal or termination provisions of this Agreement, the term of this
Agreement shall be for five (5) years commencing on January 1, 2023 and ending on
December 31, 2027.
RENEWAL
6_ If Elgin pays all rents hereinafter set forth and further observes and performs all other
covenants, obligations, and provisions as hereinafter set forth, the Lessor shall grant to
Elgin a renewal of lease of the Leased Premises and associated areas of use and
access for a further five (5) year period commencing on January 1, 2028 and ending on
December 31, 2032, provided that the said renewal of lease shall only be granted if Elgin
shall have delivered a written request to grant such renewal of lease to the Lessor on or
before September 30, 2027, provided further that the terms and conditions of such
renewal of lease shall be the same terms and conditions set forth in this Agreement save
and except with respect to this right of renewal of lease and as to the amount of annual
rent, the amount of such annual rent to be negotiated and agreed to by the parties
hereto;
7. If Elgin pays all rents hereinafter set forth and further observes and performs all other
covenants, obligations, and provisions as hereinafter set forth, the Lessor shall grant to
Elgin a renewal of lease of the Leased Premises and associated areas of use and
access for a further five (5) year period commencing on January 1, 2033 and ending on
December 31, 2037, provided that the said renewal of lease shall only be granted if Elgin
shall have delivered a written request to grant such renewal of lease to the Lessor on or
before September 30, 2032, provided further that the terms and conditions of such
renewal of lease shall be the same terms and conditions set forth in this Agreement save
and except with respect to this right of renewal of lease and as to the amount of annual
rent, the amount of such annual rent to be negotiated and agreed to by the parties
hereto;
RENT
8. During the first year of the term of this lease, Elgin shall yield and pay unto the Lessor
the annual rent in the amount of THIRTEEN THOUSAND AND SIX HUNDRED
DOLLARS ($13,600.00), calculated at a rate of $17.00 per square foot of usable interior
area, exclusive of applicable taxes. The annual rent paid for each subsequent year of
the term of this Agreement or any renewal thereof shall be subject to an Annual CPI
Adjustment.
g. The Parties agree that the annual rent referred to in Section 8 above, both in the first
year of this Agreement and thereafter during any subsequent year of the term of this
Agreement and any renewal thereof, shall be paid by four (4) equal quarterly payments
with the 2023 payments being in the amount of THREE THOUSAND AND FOUR
HUNDRED DOLLARS ($3,400.00), exclusive of taxes, due and payable to the Lessor on
March 315t, June 301h, September 30th and December 31 st in each calendar year during
the term of this Agreement or any renewal thereof, commencing March 31 st, 2023.
10. The Parties agree that any and all costs associated with the occupation and use of the
Leased Premises by Elgin, including but not limited to all costs of utilities, maintenance,
repair, or upkeep, as hereinafter specified, shall be at the sole and entire expense of the
Lessor.
ELGIN COVENANTS
11. During the term of this Agreement and any renewal thereof, Elgin agrees and covenants
as follows:
a. To pay the annual rent as set out in sections 8 and 9 of this Agreement;
b, To use the Leased Premises only for the purpose of Library Services;
c. To use the Leased premises in a good and tenant -like manner;
d. To use the balance of the lands and premises, excluding the Leased Premises,
in accordance with the rules and regulations established by the Lessor from time
to time and with respect to use of any such areas by all persons;
e_ Not to use or permit anything to be done on the lands and premises, including
the Leased Premises, which may be considered a nuisance or otherwise so as to
create any increase in insurable risk of the Lessor;
f, To pay the Lessor for any loss or damage to its property lost or damaged by the
negligence of Elgin or its servants, agents, or employees, including library staff;
g. To install, maintain, and if necessary, repair adequate electrical and electronic
cabling systems within the demised premises so as to permit its operation of
library electronic equipment, including but not limited to audio/video equipment
and computer systems;
h. Subject to the obligation of the Lessor to provide custodial and janitorial services,
not to act so as to allow or cause refuse, garbage, or other debris to accumulate
within the demised premises;
i. Not to injure or remove trees, shrubbery, hedges or other trees or plant materials
from the Lands;
j. To arrange for, place and maintain adequate insurance for the contents of the
demised premises as occupied and used as a library;
k. To pay all assessed business taxes attributable to occupation of the Leased
Premises by Elgin, if applicable;
I. To permit the Lessor at all reasonable times to enter the Leased Premises to
inspect the condition of such Leased Premises;
m. To comply with all applicable by-laws, statutes, regulations or any other order,
rule or regulation of a competent authority having jurisdiction;
n. Not to assign or sublet the Leased Premises or the within Agreement without the
written agreement of the Lessor, provided further that, after such assignment of
lease, the demised premises will continue to be used as a library. For greater
clarity, nothing in this covenant shall restrain, restrict or prohibit Elgin from
permitting Community Partners to use the Leased Premises as part of Elgin's
Library Services.
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o_ To procure and maintain throughout the term of this lease and any renewal
thereof a commercial general liability insurance protecting the Lessor and Elgin
against liability for bodily injury and death and for damage to or destruction of
property by reason of any occurrence or accident in, or, about the Leased
Premises, including tenants legal liability coverage in an amount not less than
FIVE MILLION DOLLARS ($5,000,000.00) and such insurance shall not be
subject to cancellation except after at least ninety (90) days' written notice to the
Lessor;
p, To provide a certificate of insurance to the Lessor evidencing the commercial
general liability insurance of Elgin described immediately above;
q. To indemnify and save harmless the Lessor, its servants, agents, directors or
employees from and against any and all claims, actions, damages, liabilities and
expenses in connection with loss of life, personal injury, or damage to property
arising directly or indirectly from any occurrence in, upon, or at the Leased
Premises, or otherwise relating to the occupancy or use by Elgin of the said
Leased Premises or any part thereof and which is attributable, either wholly or in
part, to any act, omission, negligence, or misconduct by Elgin, including its
agents, servants, employees, invitees, or any one permitted by Elgin to be upon
the Leased Premises; provided that this obligation of indemnity will not apply to
the extent that any such claim, action, damage, liability, or expense is caused by
or results from any act, omission, negligence, or misconduct on the part of the
Lessor, including its servants, agents, directors or employees,
r, To provide and deliver to the Lessor written notice of default in respect of any
obligation or covenant on the part of the Lessor as hereinafter set forth;
s, To provide and deliver to the Lessor verbal and then written notice of any
accident or loss within the Leased Premises or any defect or failure of any
mechanical, electrical, or plumbing system within such Leased Premises.
t. To at all times keep an account with the WSIB open and in good standing to
provide coverage for all of its employees who may attend the Leased Premises
for any reason in the course of their employment duties.
LESSOR COVENANTS
12. During the term of this Lease and any renewal thereof, the Lessor agrees and covenants
at all times and at its sole cost and expense, and to the reasonable satisfaction of Elgin,
as follows:
a. To deliver the Leased Premises to Elgin in a state of good repair and cleanliness
and warrant upon delivery that the foundation, walls, structure and roof of the
Leased Premises and the heating, ventilation, air conditioning, mechanical,
plumbing and electrical systems serving the Leased Premises are in good
working order.
b. To allow Elgin quiet enjoyment of the Leased Premises, both that area occupied
as a library and all associated areas of use and access;
_ To allow full use to Elgin, including its agents, servants, employees and
Community Partners, of all corridors, hallways, driveways, and other interior
areas open to the public for gaining access to and egress from the Leased
Premises;
d. To arrange for and maintain the supply of all utilities to the Leased Premises,
including but not limited to electricity, hot water, cold water, wastewater disposal
and natural gas;
�. To provide sufficient heating and air conditioning to the Leased Premises to
maintain a reasonable temperature therein at all times during normal business
hours, except during the completion of repairs to such heating and air
conditioning equipment;
i. To provide and maintain adequate public washroom facilities, in good working
order, and in strict compliance with any and all applicable federal, provincial, and
municipal requirements and standards and, furthermore, to allow access to and
use of those facilities by any and all attendees of the library;
g. To provide and maintain adequate employee washroom facilities, in good
working order, and in strict compliance with any and all applicable federal,
provincial, and municipal requirements and standards and, furthermore, to allow
access to and use of those facilities by any and all staff of Elgin;
ii. To maintain and, if necessary, repair the buildings located upon the Lands and
within which the Leased Premises are located, including but not limited to roof
structures, exterior walls and facades, exterior staircases and stairways, exterior
and interior doors and doorways, interior walls and facades, and interior ceiling
surfaces;
To maintain and, if necessary, repair all heating, cooling, ventilation, mechanical,
electrical, and plumbing systems associated with the building within which the
demised premises are located;
To arrange for, maintain, and, if necessary, repair adequate electrical and
electronic cabling to, but not within, the Leased Premises, so as to permit the
operation of library electronic equipment, including but not limited to audio/video
equipment and computer systems;
k.. To maintain existing public parking facilities for use by library staff and attendees;
i. To remove snow and ice from sidewalks, driveways, and parking areas
associated with the building within which the demised premises are located,
including adequate sanding and/or salting, and at all times on a frequency and to
an extent so as to ensure the reasonable safety of library staff and attendees
utilizing such facilities;
m. To reasonably maintain the grounds surrounding the building within which the
Leased Premises are located in a state of good repair and safety;
n. To provide custodial and janitorial services to maintain the Leased Premises and
the building within which it is located in a clean and tidy manner, including but not
limited to the completion of those services specifically provided for in Schedule
"C„
o To provide Elgin with a record of the cleaning services performed in the premises
including the Leased Premises within a reasonable period of time of a written
request by Elgin for same.
To promptly repair and keep in a state of good repair the Leased Premises and
the building within which the Lease Premises are located;
(I. To consult with Elgin as to the extent and timing of repair and maintenance
activities within the Leased Premises and the building within which it is located so
as to avoid interference with library operations;
r_ To permit Elgin to make, with the consent of the Lessor and which consent shall
not unreasonably be withheld, alterations, additions, and improvements to the
premises that will, in the judgment of Elgin, better adapt the premises for library
purposes; provided, however, that the alterations, additions, and improvements
shall not impair the structural strength of the building and provided further that
any fixture associated with such improvements, whether Trade Fixtures or
otherwise, shall remain the property of Elgin, and upon or any time before the
termination of this Agreement, such fixtures can and shall be removed from the
Leased Premises by Elgin and should any injury or damage be caused to the
Leased Premises by removal of the fixtures, Elgin shall forthwith cause the injury
or damage to be repaired at its expense and if Elgin does not make repairs or
cause them to be made within a reasonable time period, having regard to the
availability of capable services and materials to effect such repairs, they may be
made by the Lessor at the expense of Elgin;
s_ To insure and keep insured the building against loss or damage by fire, lightning,
tempest or other casualties as are customarily insured against under insurance
contracts normally entered into from time to time during the term of this
Agreement by owners of buildings in the County of Elgin and of a character
similar to the building for an amount as in the opinion of the Lessor is necessary
to protect the Lessor against loss or damage;
L To at all times during the Term of this Agreement keep in good standing an
account with the WSIB to provide adequate coverage for its employees that may
attend at the subject property or premises, including the Leased Premises, for
any reason during the course of their employment duties;
u_ At its own expense, to be responsible for the cost of all repairs, whether major
minor, to the structural soundness and integrity of the building within which the
Leased Premises are located, including but not limited to exterior walls and
roofing structures;
_ To pay for any loss or damage to the assets of Elgin located within the Leased
Premises and/or for any loss or damage to fixtures within the Leased Premises
where such loss or damage was caused by the negligence of the Lessor or its
agents, servants or employees.
w. To permit signage of Elgin on the terms and conditions set out in this Agreement.
ALTERATIONS, PARTITIONS AND IMPROVEMENTS
13. If Elgin, during the term of this Agreement or any renewal thereof, desires to affix or
erect partitions, counters, or fixtures, in any part of the walls, floors, or ceilings of the
Leased Premises (the "Alterations"), it may do so at its own expense at any time and
from time to time, provided that Elgin's right to make such alterations to the Leased
Premises shall be subject to the conditions contained herein.
14. Before undertaking any Alterations, Elgin shall submit to the Lessor a plan showing the
proposed Alterations and shall obtain the approval and consent of the Lessor to do so,
which shall not be unreasonably withheld.
15. All such Alterations shall conform to all building regulations then in force affecting the
Leased Premises.
16. Such Alterations shall not be of a kind or extent so as to weaken the structure of the
premises, including the Leased Premises, after the Alterations are completed or reduce
the value of the premises,
17. Except as provided in this clause and in the Lessor's Covenants included at section 12
of this Agreement, Elgin will not erect or remove or change the location or any style of
partition or fixture without the written consent of the Lessor having first been obtained.
18. At the expiration of the Term of this Agreement or any renewal thereof, Elgin shall have
the right to remove its fixtures (but not the leasehold or structural improvements which
shall remain the property of the Lessor), provided Elgin makes good all damage
occasioned to the Leased Premises by the taking down or removal thereof.
SIGNAGE
19. Elgin shall be permitted, at its sole cost and expense, to install such signage within
premises as may be reasonably required to direct library patrons to the Leased
Premises, provided that the Lessor has agreed to the design and location of such
signage in writing and provided further that such agreement by the Lessor shall not be
unreasonably withheld.
20. All signage that exists at the commencement of the Term of this Agreement, having
been erected during the term of a prior lease agreement between the parties, shall be
permitted to continue as if it received the written agreement of the Lessor under the
terms and conditions of this Agreement_
21. Elgin shall be permitted, at its sole cost and expense, to erect a sign(s) on the exterior of
the premises provided that the Lessor has agreed to the design and location of such
signage in writing and provided further that such agreement by the Lessor shall not be
unreasonably withheld. For greater clarity, Elgin shall not be required to, or bear any
responsibility for, displaying any messages, announcements, advertisements or other
similar information whether using words, symbols or pictures of the Lessor on the
signage of Elgin.
DEFAULT BY ELGIN
22. It is mutually agreed that if Elgin defaults on any payment of rent when due or in
performing any of the terms, covenants, or provisions of this Lease, the Lessor may
forward notice in writing of such default to Elgin. Such written notice shall identify the
default with sufficient detail to permit Elgin to respond and/or cure the default. Failure or
refusal by Elgin to cure such default to the reasonable satisfaction of the Lessor within
thirty (30) days after the date of receipt of such notice shall, at the option of the Lessor,
constitute a forfeiture of the lease and shall give the Lessor the right, at its, option to
treat this Agreement as cancelled and terminated. The term and estate vested in Elgin,
as well as all other rights of Elgin under this Agreement shall immediately cease and
expire as fully and with like effect as if the entire term provided for in this Agreement or
any renewal thereof has expired and the Lessor may enter the Leased Premises, with or
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without process of law, take possession together with any and all improvements which
may have been erected thereon.
DEFAULT BY LESSOR
23. It is mutually agreed that if the Lessor defaults in the performance of any of the terms,
covenants, or provisions of this Agreement, Elgin shall forward notice in writing of such
default to the Lessor. Such written notice shall identify the default with sufficient detail to
permit the Lessor to respond and/or cure the default. Failure or refusal by the Lessor to
cure such default to the reasonable satisfaction of Elgin within fifteen (15) days after the
date of receipt of such notice shall, at the option of Elgin, allow Elgin the right to cancel
this Agreement or any renewal thereof and surrender the Leased Premises no sooner
than thirty (30) days after Elgin provides written notice of its exercise of such option, the
Lessor having no right or recourse as against Elgin arising from such cancellation and
surrender.
TERMINATION
24. Notwithstanding the foregoing, each party hereto shall have the right to terminate this
lease, or any renewal thereof, upon two (2) years' written notice to the other, at the end
of which time Elgin shall vacate the Leased Premises and return all keys and access
equipment to the Lessor and, in such circumstances, neither party shall have any right or
recourse as against the other arising from such termination, provided that, at all times,
the effective date of such termination shall be December 31 s' of any calendar year.
25. The Parties hereby agree that the Lessor may assign this Agreement provided that it
gives written notice to Elgin of the Lessor's intention to assign this Agreement at least
ten (10) months before the assignment of this Agreement becomes effective. Upon
receipt of such written notice from the Lessor, Elgin may elect in its sole discretion to
terminate this Agreement with the termination date being the Business Day immediately
preceding the effective date of the assignment provided in the written notice from the
Lessor, provided that Elgin provides written notice of such termination at least six (6)
months before the assignment of this Agreement would otherwise become effective.
OVERHOLDING BY ELGIN
26. In the event that the Lessor permits Elgin to remain in occupation of the Leased
Premises without objection and after expiration of the term of this Agreement or any
renewal thereof, Elgin shall be deemed to be a tenant from month to month a monthly
rental equal to one -twelfth of the annual rent due at the end of such expired term or
renewal and otherwise agreed upon and subject to all covenants and agreements of this
lease applicable to a monthly tenancy.
FORCE MAJEURE
27. The Parties agree that, notwithstanding the other provisions of this Agreement, if the
buildings within which the Leased Premises or the Leased Premises themselves are
damaged or destroyed by fire, lightning, or a tempest or by other casualty against which
the Lessor and/or Elgin is insured, so as to render the Leased Premises unfit for Library
Services, the rent hereby reserved or a proportional part thereof, according to the nature
of the damage to the Leased Premises, shall abate until the Leased Premises are
rebuilt. The Lessor agrees that it will with reasonable diligence repair the Leased
Premises and make the Leased Premises capable of access, unless this Agreement is
terminated. If the Leased Premises are damaged or destroyed by any cause whatsoever
such that in the opinion of the architects or professional engineers employed by the
Lessor, such premises cannot be rebuilt or made fit for Library Services within one
hundred and twenty (120) days of the date of the damage or destruction, or such longer
period as Elgin my agree to at its sole and absolute discretion, the Lessor, instead of
making the demised premises fit for Elgin may at its option terminate this Agreement by
giving Elgin, within sixty (60) days after such damage or destruction, notice of
termination and thereupon rent and any other payment for which Elgin is liable under this
Agreement shall be apportioned and paid to the date of such damage and Elgin shall
immediately surrender possession of the Leased Premises to the Lessor.
GENERAL
28. The Parties agree that Elgin may not assign or sublet this Agreement and its rights
hereunder without leave of the Lessor, provided leave shall not be unreasonably
withheld, and where assignment is proposed, such assignment shall only allow the
Leased Premises to be used as a library. Notwithstanding anything in this provision, the
Parties hereby agree and acknowledge that Elgin may rent out its Leased Premises or
permit such Leased Premises to be used by its Community Partners on a temporary,
short term basis, provided that at all times Elgin shall be responsible for such
Community Partners and shall be responsible for fulfillment of obligations of this
Agreement.
29. The Parties agree that should the Lessor construct, purchase or otherwise have control
over another property and premises of which it is the registered owner and where the
Lessor believes Library Services may be delivered from such location, Elgin may, at its
sole and absolute discretion, provide written notice to the Lessor of its intention to
provide Library Services from such property, premises or location and the Parties shall
work reasonably with each other to do any of the following: amend this Agreement such
that it shall become applicable to the such location, or, terminate this Agreement and
enter into a new lease agreement for such location.
30. Any notices to be given pursuant to this Agreement shall be sufficiently given if
personally served upon the party or an officer of the party for whom it is intended, or
mailed, pre -paid and registered, as follows:
To the Lessor:
The Corporation of the Municipality of Bayham
56169 Heritage Line
Straffordville, ON, NOJ 1Y0
Attn: Chief Administrative Officer
To Elgin:
Corporation of County of Elgin
10
450 Sunset Drive
St. Thomas, ON, N5R 5V1
Attn: Chief Administrative Officer
31. Time shall be of the essence, save and except as may be otherwise provided for and
specified in this Agreement.
32. Amendment to this Agreement shall be permitted only in writing approved and executed
by duly authorized officers of each of the Parties hereto.
33. No waiver of, failure to exercise, or delay in exercising any section of this Agreement
constitutes a waiver of any other section (whether or not similar in substance) nor does
any waiver constitute a continuing waiver unless otherwise expressly provided.
34. This Agreement and any renewal thereof shall be governed by the laws of the Province
of Ontario.
35. Any dispute between the Parties relating to any provision of this Agreement shall be
referred to a sole arbitrator, to be mutually agreed upon between the Parties. If a sole
arbitrator cannot be agreed upon by the Parties then the dispute shall proceed before
three (3) arbitrators, in which event each party shall appoint one (1) arbitrator and the
third arbitrator shall be chosen by the two (2) arbitrators chosen by the parties. The
decision of the three (3) arbitrators, or a majority of them, shall be final and binding upon
the Parties. All costs and expenses of such arbitration shall be borne by the Parties
equally.
36. Words importing the singular number only shall include the plural and vice versa; words
importing any gender shall include all genders; words importing person shall include
firms and corporations and any recognized legal entity in the Province of Ontario.
37. This Agreement and everything contained in it shall extend to, bind, and enure to the
benefit of the heirs, executors, administrators, successors and assigns of each of the
Parties. All covenants contained in this Agreement shall be deemed joint and several
and all rights and powers reserved to either party may be exercised by its respective
authorized officers or agents.
38. Should any provision of this Agreement be adjudged to be invalid or unenforceable or
otherwise illegal by any authority of competent jurisdiction then such provision shall be
severed from this Agreement and the remaining provisions of this Agreement shall
remain in full force and effect.
{ONE (1) SIGNATURE PAGE FOLLOWS)
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IN WITNESS WHEREOF the parties hereto have executed this Agreement under signature of
their duly authorized officers on the date set forth:
Date:
Date: cry • a,,,
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) Corporation of the County of Elgin
per:
Name:
Position: Warden
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per:
Name: Julie Gonyou
Position: Chief Administrative Officer
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) The Corporation of the Municipality of
) Bayham
per:
Name: Ed(Ketchabaw
Position: Mayor
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Nam homas Thayer
1 Position:i Chie Administrative Officer
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IN WITNESS WHEREOF the parties hereto have executed this Agreement under signature of
their duly authorized officers on the date set forth:
Date:~ —
Corporation of the County of Elgin
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Name:
Position; Warden
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Name; Julie Gonyot
Position: Chief Administrative Officer
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Name: Ed Ketchabaw
Position: Mayor
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We have authority to bind the corporation
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61WI A-911111W_M
FRED BODSWORTH PUBLIC LIBRARY OF PORT BURWELL LEASE AGREEMENT
In the Municipality of Bayham, former Village of Port Burwell, in the County of Elgin and being
composed of Plan 12 Part Market Square.
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SCHEDULE `C'
LESSOR CLEANING SERVICES
Service _ _ --Frequency
Vacuum and clean all halls, entrances, stairwells, landings and
all public or common areas.
Wash tile floors and dust all entrances, exits and storage rooms.
Daily for Open Days
Daily for Open Days
2
3
Clean all public and staff washrooms, maintenance areas,
including sinks, toilet bowls and mirrors.
Daily for Open Days
Monthly
4
Dust fire bells and lights, exist signs and window ledges.
5
Dust electrical panels, hot water tanks, pumps, pipes, etc.
Monthly
6
Dust all light fixtures.
Daily for Open Days
7
Re lace all non -operational light bulbs and tubes in public areas
As required
8
Steam clean all carpets and mats
Annually — in Spring
9
Dust all drapes and blinds
Sot clean door_lass frames and doors
Weekly
10
Daily for Open Days
11
Empty wastepaper and_Eggypling baskets
Daily for Open Days
12
Put garbage bags out to curbside for pick -u
Garbage Da
13
Exterior Windows — thoroughly clean all windows, screens and
window wells, sills and ledges
Sweep sidewalks
Semi -Annually —
Spring and Fall
14
As required or twice
monthly, whichever
is greater
15
Keep all sidewalks clear of snow — shall occur prior
As required
16
Spread ice removing pellets or other sufficient product on
sidewalks, parking lots, driveways and any other exterior area
where individuals may traverse
As required
NOTE: The Cleaning services herein described are at the sole cost and responsibility of
the Lessor including, but not limited to, all costs related to labour, supplies and
materials.
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