The motion referenced in the above Council Question approved at the April 15, 2019 City Council meeting states:
CR160/2019 That the correspondence from the President – Les Amis Duff-Baby dated March 14, 2019 regarding "Review Status of Access and Use Agreement (M58-2011 and future use of the Duff-Baby Mansion, 221 Mill Street, Windsor), BE RECEIVED; and further
That Administration BE DIRECTED to prepare a report for Council's consideration regarding negotiations and potential future use of the subject property.
The Duff-Bâby House was built in 1798 and is named for its first two owners – Alexander Duff and James Baby. The House is recognized as one of the most significant late eighteenth-century landmarks in Upper Canada. Les Amis Duff-Bâby, a local volunteer group, works with Museum Windsor to provide access to the house as well as the Interpretive Centre that was constructed in 1995 on the Duff-Baby house property. Museum Windsor staff utilize this site for community outreach programs, local heritage meetings, and other Sandwich Town community activities. In 2019, The DuffBâby House was used approximately 10 times and the Interpretation Centre was used approximately 15 times.
ORIGINAL LEASE AGREEMENT
In 1995/1996, the Ontario Heritage Trust (OHT) signed a lease agreement with the Windsor Public Library Board (WPL) on March 7, 1996 regarding the Duff-Bâby House (DBH) Interpretation Centre. This agreement was in place covering the period of August 1, 1995 through to November 30, 1996. An additional licence agreement was signed on December 12, 1997 and was in effect November 1, 1997 through to November 30, 2001.
The basic agreement sets out that the OHT would remain the owner, manager and restorer of the space, and the WPL would operate it and be responsible for its day-today use, maintenance, publicity and promotions, programming and all associated costs. As Museum Windsor (MW) – then Windsor's Community Museum – was part of WPL at the time, the museum became involved in the agreement.
Though the agreement was for the Interpretation Centre, all the wording indicates the WPL could use the full house for the agreed upon uses. Some of the key points of the agreement are summarized below:
- OHT licensed the Interpretive Centre (the building out back- a non-historic building) to the WPL.
- WPL could provide interpretation programs, tours, meeting spaces, public viewings, rental to other groups, merchandise sales, promotions, etc. with OHT approving.
- OHT would pay for landscape maintenance, insurance, taxes (although there were no taxes to pay), and repairs of a capital nature (structural defects).