2. THAT the Sweeney Neighbourhood Centre (SNC) Agreement with School District No. 34, as attached to Report No. PRC , be approved; and

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Chester Mosley
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1 SO 1~A ABBOTSFORD Report No. PRC September 10, 2012 File No: COUNCIL REPORT Executive Committee To: From: Subject: Mayor and Council Heidi Enns, Director, Recreation Services Sweeney Neighbourhood Centre Agreement RECOMMENDATIONS 1. THAT Report No. PRC , from the Director, Recreation Services, regarding the Sweeney Neighbourhood Centre (SNC Agreement with School District No. 34, be received; 2. THAT the Sweeney Neighbourhood Centre (SNC Agreement with School District No. 34, as attached to Report No. PRC , be approved; and 3. THAT the Mayor and Corporate Officer be authorized to execute all documents related to this matter. BACKGROUND The Abbotsford School District renovation at Abbotsford Collegiate School includes a Neighbourhood Learning Centre (NLC, since renamed Sweeney Neighbourhood Centre (SNC. The SNC will serve as a neighbourhood hub and or gathering place for the central Abbotsford area. Agencies included at the SNC include: the Fraser Health Authority, Trinity Western University, Abbotsford Community Services, City of Abbotsford and the United Way of the Fraser Valley. The facility will provide the community outreach programs and services addressing health care, early learning facilities, counseling, support, seniors, youth, recreational, cultural programs and services and will open in October The City will have exclusive use of m2 main floor spaces. (See the attachment. As part of the budgeting process for 2012, the budget allotments for the operation and capital for the Sweeney Neighbourhood Learning Centre were approved. The operational costs include staffing and materials ($40,000 and an annual lease ($8,520 + tax for a total operational cost of $50,000. Capital cost to outfit the facility for the programs is $85,000. The City lease with the School District No. 34 includes utilities, water, sewer, garbage, building insurance, maintenance of the grounds and administrative costs associated with the management of the facility. Since that time, staff has been working on completing the lease agreement with the Abbotsford School District for the tenancy. The Lease Agreement between the City and the School District No. 34 for tenancy on the main floor at SNC is attached. ANALYSIS Gaps in the provision of these "neighbourhood hubs and services" currently exist in The City; with limited immediate capital resources available, the Parks, Recreation & Culture Department is unable to respond and meet the growing city's needs especially in the downtown area (Mill Lake - Babich Centre -Godson School.This area serves a

2 _'3ep~rt No: PR~ P_a..;g~e_2_o_f_2 population of 8,750 residents with a lower than mean average individual income of $22,852. For a myriad of reasons, some families in the area are unable to receive good health, education, parental support and recreation services. Community safety and crime prevention is one of the most Significant issues facing the City. The City's crime reduction and community safety initiatives clearly identifies the development of after school programming for children under twelve years of age, providing at risk youth and supporting parents with programs and services. As a key partner in the SNC our goal is to continue to build on stronger social networks between schools and communities, better availability of sports, arts and other activities, more community involvement in youth activities, new and creative play and learning environments for families and improved and reduced vandalism and crime issues in the City. STRATEGIC DIRECTIONS The City's partnership in the Sweeney Neighbourhood Centre ties into the City's strategic social goal in the provision of a safe, healthy and inclusive community while achieving fiscal and economic balance in partnering and leasing space in order to streamline and share operational costs. FINANCIAL PLAN IMPLICATION The City's annual lease costs of $8,520 provides Parks, Recreation & Culture a financially viable location for the establishment of a "neighbourhood hub", as identified in the 2005 Master Plan and includes utilities, water, sewer, garbage, building insurance, maintenance of the grounds and administrative costs associated with the management of the SNC facility. COMMUNICATION PLAN Community and school consultation and discussions will continue in determining program and service offerings. SUMMARY The Sweeney Neighbourhood Centre at Abbotsford Senior Secondary School is an ideal financially viable location for PRC to establish a "neighbourhood hub", as identified in the 2005 Master Plan. By partnering with key stakeholders in the provision of outreach programs and services the Sweeney Neighbourhood Centre at Abbotsford Senior Secondary School will be an inviting place where people of all ages can access education, community services, recreation and culture seven days a week, twelve months a y r - a place that promotes the well-being of childr n, families and the entire Heidi Enns Director, Recreation Services. Parks, Recreation & Culture Mark Tayor General Manager, Parks, Recreation & Culture

3 MAIN FLOOR CITY OF ABBOTSFOR _ SCHEDULE II J I I I I 1'2.4 ",' I I I ELECTRICAL TECHNOLOGY I I I I I I L-~D -0 D D STORAGE LOUNGE/ WAITING 18.6m m' CORR. 39.5m' ENTRY FOYER

4 THIS LEASE AGREEMENT MADE THE DAY OF -'-,.=.20=--1=-=2 BETWEEN: AND: City of Abbotsford South Fraser Way Abbotsford, BC V2T 1W7 THE BOARD OF EDUCATION OF SCHOOL DISTRICT NO. 34 (ABBOTSFORD 2790 TIMS STREET ABBOTSFORD, BC V2T 4M7 (Hereinafter called the "Landlord" OF THE FIRST PART (Hereinafter called "the Tenant" OF THE SECOND PART WITNESSETH and it is hereby covenanted, agreed and declared as follows: 1. PREMISES The address of the Leased property is that portion of the building located at Bevan Avenue, Abbotsford, BC, (the "facility" shown on the plan attached to this Lease as Schedule "A" (hereinafter called the "premises". The approximate area of the premises rented by the Landlord to the Tenant is square meters, The Landlord shall provide the Tenant with fully improved premises for general office space to offer community programming. The Tenant shall be responsible for their own computer equipment and any specific furniture or trade fixtures required for their specific use. 1

5 2. TERM The initial Lease term for the Lease of the premises is 5 years commencing on the date of September 1, 2012 or upon possession, and ending August 31, RENT The Tenant covenants and agrees to pay to the Landlord in lawful money of Canada to School District No. 34 (Abbotsford, 2790 Tims Street, Abbotsford, BC V2T 4M7, an annual operating & maintenance (O&M costs of $8, dollars, payable monthly in advance at a cost of $ The annual O&M Costs for the facility, as referred to in Section 5 and set out in Schedule B. The O&M Costs will be adjusted annually by the Landlord by the end of June in each year of the Term to reflect any increase or decrease in operation of the facility. 4. RENEWAL The Landlord hereby grants to the Tenant the right to renew this Lease in two (2 year increments on the same terms and conditions of the initial Lease provided the Tenant provides the Landlord a minimum four months written notice to renew. 5. OPERATING & MAINTENANCE COSTS Operating costs of the premises will include utility payments (Fortis BC, BC Hydro, sewer, water and garbage services, building insurance (not contents, maintenance of the facility (grounds, snow removal, etc. and administration costs associated with managing the facility. The facility is property tax exempt at the time of signing the Lease. See O&M Costs as per Schedule "B" 2

6 6. COVENANTS BY THE TENANT The Tenant covenants and agrees with the Landlord: (a Maintenance of Premises To maintain and keep the interior of the premises, and any improvements it has made to them in good order and condition and promptly inform all needed repairs and replacements (reasonable wear and tear and damage by fire, and to keep the interior of the area it Leases as a careful owner would do. (b I nspection and Repair To permit the Landlord at all reasonable times and on reasonable notice to enter the premises to inspect the condition thereof and where such inspection reveals that repairs are necessary to make such repairs in a good and workmanlike manner within. (c Consent for Alterations Not to alter or make additions to the premises without the Landlord's prior written consent thereto; which consent will not be unreasonably withheld. The Tenant shall make internal changes, alterations, additions and improvements to the premises as will, in the judgment of the Tenant, better adapt them to its purposes, PROVIDED, however, that no such changes, alterations, additions and improvements shall impair structural strength of the building. All fixture, whether trade fixtures or otherwise, improvements, erections, changes or alterations made to the premises by the Tenant shall be made at its own expense and shall remain the property of the Tenant. However, upon the termination of this Lease any permanent alterations or improvements to the premises shall become the property of School District No. 34 (Abbotsford, and other loose and removable furniture and fixtures shall remain the property of the Tenant and be conveyed from the premises by the Tenant; PROVIDED FURTHER, however, that if any injury or damage shall be caused to the premises by such removal, this shall be rectified by the Tenant at its expense. (d Usage To carry out the tenant's activities on the premises within the policies, bylaws and statutes applicable and the program activities agreed to by both parties. See program activities as per attached Schedule "C". 3

7 (e Assignment and Sub-Leases Not to assign the Lease or sublet the premises or any portion thereof without the prior written consent of the Landlord. (f Nuisance Not to do or omit to do or permit to be done or omitted anything upon or in respect of the premises the doing or omission of which (as the case may be shall be or result in a nuisance. Insurance (g (h The Tenant shall indemnify and hold harmless the District and any of its officers, employers, servants, agents and contractors from any and all loss, liability, claims or expenses arising out of the use and/or occupation of the property belonging to the District by the Tenant and any of its officers, employees, servants, agents, contractors, and volunteers, except to the extent that such loss arises from the independent negligence of the District. The Tenant shall, without limiting its obligations or liabilities herein and its own expense, provide and maintain suitable liability insurance not less than Two Million Dollars ($2,000,000 inclusive per occurrence for bodily injury and property damage including loss of use thereof. Such insurance shall extend to cover the Tenant, its officers, employees, servants, agents, contractors, and volunteers as additional insured's with respect to liability arising out of the use or occupation by the Tenant of the property belonging to the District. The Tenant shall provide the District with evidence of all required insurance prior to the Tenant's use of the District's premises. Such evidence shall be in the form of a certificate of insurance. 7. LANDLORD'S COVENANTS The Landlord covenants and agrees with the Tenant: 4

8 (a Maintain Property To maintain the premises, facility, property, building, parking lots, heating, and cooling equipment, apart from the interior of the premises occupied by the Tenant. (b Parking To make available to the Tenant, necessary parking spaces for its use. (c Compliance with the Law To comply with all by-laws and statutes in respect of the premises. (d Insurance To insure the facility (excluding contents owned by the Tenant to the full insurable value thereof against fire, lightening, explosion and vandalism and shall maintain such insurance throughout the term of the Lease and any renewal hereof. Such policy shall contain a waiver of subrogation as against the Tenant and its employees and officers. (e Taxes To pay promptly all real property taxes and local improvement charges levied against the premises and all improvements thereon. The property is currently tax exempt. 8. PROVISOS (a Destruction or Damage to Premises If, during the initial term hereby demised, or any renewal thereof, the facility or the demised premises shall be destroyed or damaged by fire or the elements, or act of God, or by impact of aircraft, explosion, riot, insurrection, or acts of the Queen's enemies, then the following provisions shall have effect: (i If the premises shall in the reasonable opinion of the Tenant, be so badly damaged as to be unfit for occupancy and as to be incapable of being repaired with reasonable diligence within ninety (90 days of the happening of such damage, then the term hereby granted 5

9 shall, at the Tenant's option which shall be exercised within thirty (30 days of the happening of such damage, cease and be at an end for all intents and purposes from the date of such damage or destruction, and the Tenant shall surrender the same and yield up possession of the premises to the Landlord and no rent shall be payable from the date of such damage. (ii If the premises can be repaired within ninety (90 days, and if the Landlord covenants to repair the same with all reasonable diligence and if the damage is such that in the reasonable opinion of the Tenant the premises are capable of being partially used, then. the Landlord shall repair such damage, and until such damage shall have been fully repaired, the rent shall abate in the proportion that the part of the premises rendered unfit for occupancy bears to the whole of the premises. (iii (b If the facility shall in the reasonable opinion of the Tenant be damaged to the extent of more than fifty (50% percent of the building requires repair or reconstruction (and whether or not there shall be any damage to the premises then at the option of the Tenant (exercisable on notice in writing given within thirty (30 days after the happening of the damage the term hereby granted shall cease and be at an end for all intents and purposes from the date of such damage or destruction, and the Tenant shall immediately surrender and yield up possession of the premises to the Landlord and the rent from the time of such surrender shall be adjusted as of the date of the happening of the damage. Binding Effect This Lease and everything herein contained shall extend to, bind and inure to the benefit of the heirs, executors, administrators, successors and assigns (as the case may be of each of the parties hereto, and subject to the consent of the Landlord being obtained, as hereinbefore provided, to any assignment or sub-lease by the Tenant. All covenants herein contained shall be deemed joint and several and all rights and powers reserved to the Landlord may be exercised by either the Landlord or his agents or representatives. (c Notices Any notice to be given by any party to the other shall be well and sufficiently given if deposited in any Canada Post Office in Abbotsford, British Columbia, registered or certified mail, transmitted by facsimile machine or delivered at the address of the other party set forth on Page 1 of this Lease or at such other address as the other party may from time to 6

10 time direct in writing, and any such notice shall be deemed to have been delivered, if mailed, seventy-two (72 hours after the time of mailing as aforesaid and if delivered or transmitted by facsimile machine, upon the day after the date of such delivery or transmission. If normal mail service or facsimile transmission service is interrupted by strike, slow-down, force majeure or other cause, a notice sent by the impaired means of communication will not be deemed to be received until actually received, and the party sending the notice shall utilize any other such services which have not been so interrupted or shall deliver such notice in order to ensure prompt receipt thereof. (d Time of Essence Time shall be of the essence of this Lease save as herein otherwise specified. (e Amendment This Lease may not be modified or amended except by an instrument in writing signed by the parties hereto or by their successors, assigns or duly authorized agents. (f Headings The headings in the Lease form no part of this Lease and will be deemed to have been inserted for convenience only. The term "Tenant" as used in this Lease means the body politic and corporate or party to the Lease and the lands, premises and buildings occupied by the Tenant. Wherever the singular, masculine, or neuter are used throughout this Lease the same shall be construed as meaning the plural or the feminine or the neuter or the body politic or corporate where the context hereto so requires. (g Arbitration In the event of any disagreement between the Tenant and the Landlord about the interpretation, application or performance by either party of the terms of this Lease such disagreement shall: (i if both parties agree to the appointment of an arbitrator, by the arbitrator in accordance with the provisions of the Commercial Arbitration Act of British Columbia and shall be binding upon the parties; 7

11 (ii If the parties fail to agree upon an arbitrator then by an arbitrator appointed in accordance with the provisions of the Commercial Arbitration Act of British Columbia and any determination by the arbitrator so appointed shall be binding upon the parties. 9. TERMINATION This Lease may be terminated by: a at any time in the event of the failure of the other party to comply with any of the material provisions of the Lease upon such other party being notified in writing by the party alleging such failure and failing to remedy the failure within twenty one days of receiving such notice; or b After twenty four months, for any reason upon the giving to the other party at least six (6 months' prior written notice to that effect at any time during the term of the Lease. Should such termination occur as specified in (a or (b above, all other terms of the Agreement will continue in effect up to the Termination Date. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written. 8

12 Signed by the Tenant this day of,2012 City of Abbotsford R. Bruce Banman, Mayor William Flitton, Corporate Officer The Corporate Seal of the Board of Education of School District No. 34 (Abbotsford hereunto affixed in the presence of: Secretary-Treasurer SIGNED, SEALED AND DELIVERED by the Landlord this day of,2012 in the presence of: Signature of Witness Address Occupation (As to all signatures of the Landlord 9

13 Schedule B NLC- City Of Abbotsford Breakdown of Cost/Square Metre Garbage $0.50 Recycling $0.35 Utilities $9.50 Custodial $25.57 Maintenance $10.76 Cost/square metre $46.68 otal Shared Space (Sq. M Cost of Shared Space $19, lost of Shared Space/Tenal $2, Community Partners City of Abbotsford Total Office Space Total Cost of Office Space $5, Total Cost of Office Spacd $8,519.77

14 Section C-Neighbourhood of Learning The SERVICE PROVIDE will offer the following services under their agreement with school District 34 at the Neighbourhood of Learning site City of Abbotsford The City of Abbotsford through its' Park, recreation and Culture Department will offer the catchment community; recreational based programming for all ages; including but not limited to social, physical, cultural, sport and active programming. The City of Abbotsford will also be responsible for the programming and management of a Youth Centre. Programs will be offered a low to no cost to the meet the soci-economical needs of this community; The City of Abbotsford will work in partnership with SD 34, staff and Administration to meet the changing needs to this community and meet the following deliverables. 1 To offer programs, support and services that focus on the needs and the vulnerabilities of the children and families that live in the Central Abbotsford Community. 2 Facilitate the provision of extended and enriched learning opportunities - educational, recreational and cultural for children, youth and families at risk. 3 Build an increased sense of belonging through facilitating access and connections to services and supports that are offered in the community-

Lease Agreement. 1. Terms and Conditions of Agreement

Lease Agreement. 1. Terms and Conditions of Agreement Lease Agreement The term of this agreement shall commence on: (day) of (month) (year) until (day) of (month) (year). This lease shall automatically self-extend under the same terms and conditions as the