HomeMy WebLinkAbout06 104 Agree Brucedale Community Centre
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2006 -104
BEING A BYLAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT
WITH
THE BRUCEDALE COMMUNITY CENTRE ASSOCIATION
WHEREAS the Municipal Act, 2001, S.O. 2001, c.25 Sections 8 and 9 (1)
provides municipalities with powers of a natural person to enable them to govern
their affairs as they consider appropriate under this or any other Act and to
enhance their ability to respond to municipal issues;
AND WHEREAS the Council for The Corporation of the Municipality of
Kincardine deems it advisable to enter into an Agreement with the Brucedale
Community Centre Association to allow the Association to operate and manage
the Brucedale Community Centre for the benefit of the community;
NOW THEREFORE the Council for The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That The Corporation of the Municipality of Kincardine enter into an
agreement with the Brucedale Community Centre.
2. That the Mayor and CAO be authorized to sign, on behalf of The Corporation
of the Municipality of Kincardine, the Agreement with the Brucedale
Community Centre attached to this by-law as Schedule 'A' and to affix the
corporate seal as and when required.
· 3. This By-law shall come into full force and effect upon its final passage.
4. This By-law may be cited as the "Brucedale Community Centre Agreement
(2006), By-law".
READ a FIRST, SECOND and THIRD TIME and FINALLY PASSED this 21st
Day of June, 2006.
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Mayor
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erk
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This is Schedute It L" to·By-Law
No.dObl- -Io{passed the s:2.é..'=day
°t;¡:;.oo<,. ~ 1NL~""
Agreement made this 1 8t day of ApMP,Y!Ð06. Clerk
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BETWEEN
. THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
(Hereafter called the "Municipality")
OF THE FIRST PART
And
THE BRUCEDALE COMMUNITY CENTRE ASSOCIATION
(
(Hereafter called the "Association")
OF THE SECOND PART
WHEREAS the Municipality is the owner of the premises commonly
referred to as the Brucedale Community Centre, and which is referred to
throughout this agreement as "the Centre".
AND WHEREAS the Association is a community group interested in
managing the Brucedale Centre for the benefit of the municipal ratepayers.
AND WHEREAS the Municipal Act, R.S.O. 1990, Chap. M. 45 Section
. 191(6) authorizes the council of every municipality to pass by-laws
providing for the use by the public of the lands of which the corporation is
the owner and for the regulation of such lands and the protection of such
lands.
AND WHEREAS it has been deemed desirous by the council of the
Municipality of Kincardine to allow the Association to operate and manage
the Centre for the benefit of the public.
NOW THEREFORE, in consideration of the sum of $1.00 and other good
and valuable consideration, the parties hereto agree as follows:
..,
1.
(a)
(b)
2.
(a)
(b)
3.
(a)
(b)
4.
2
EXCLUSIVE USE OF PREMISES
The Municipality hereby grants and sets over to the Association
the exclusive use of the Centre on and subject to the terms and
conditions of this agreement.
Such use shall include exclusive possession of the premises and its
fixtures and chattels provided the Association remains in
existence.
TERMS
This agreement shall commence on the 18t day of April, 2006 and
shall continue until terminated as agreed herein.
The parties shall review the terms of this agreement at least once
every five years.
TERMINATION
Either party giving one year written notice of termination to the
other may terminate this agreement.
This agreement may be terminated without notice at the discretion
of either party upon any act of default of the terms of this
agreement by either party or upon the Association ceasing to exist.
TERMS OF OPERATION
The Association shall operate the Centre on the following terms
and conditions:
(a) The operation of the Centre must at all times be under the
direction supervision and control of the executive or designated
members of the Association and they shall appoint a
representative as a designated liaison person to meet with the
Municipality regarding the tenns of this agreement. At no time
may this agreement or any rights hereunder be assigned to any
other person by the Association.
(b) The Association shall take no action which, would result in the
premises or any of the attached fixtures or chattels associated with
it, being sold, transferred or in any way encumbered.
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(c)
The Association shall make the building available for use by the
community at large and such use shall be based on a rental rate as
established by the Association from time to time and shall be
made available to the public on a first come first serve basis on the
dates first accepted by the Association.
5.
FINANCIAL TERMS
The parties agree that the cost of operating the Centre shall be
based on the following tenns and conditions:
(a) The Municipality shall provide property and liability insurance,
lawn care, manpower and equipment, when necessary, for the
Centre.
(b) The costs of operating the Centre including regular maintenance of
the facility shall be administered by the Association from the
proceeds received from renting the facility.
(c) The Association shall be responsible for all utilities and services
required for the Centre.
(d) Any surplus remaining from the annual operation of the building
shall be carried forward and deposited to a "ßrucedale Community
Centre Reserve Fund" for future capital expenditures.
6. FINANCIAL REPORTING
(a) It is agreed that the financial year-end of the Centre shall be
December 31 8t in each year throughout the term of this agreement.
(b) The Association shall prepare an annual financial statement, which
accurately reflects the financial state of affairs of the operations of
the Centre and shall deliver such statements to the Municipality
prior to the end of January following each year end throughout the
term of this agreement, together with a proposed budget for the
operation of the Centre for the current year.
7. REPAIRS AND IMPROVEMENTS
(a) The Association acknowledges that the Centre will be used by the
public and must be maintained at all times in a safe condition for
those using it.
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(b)
(c)
(d)
(e)
(f)
(g)
8.
4
The Association acknowledges and agrees to maintain the Centre
in such a manner to meet standards of the Ontario Occupier's
Liability Act.
Plans for all capital improvements and proposed major repairs
shall be submitted for approval to the Municipality by the
Association together with estimates of the cost of such work and
no such work shall be authorized until the approval of the
Municipality has been given.
All approved capital projects and improvements shall be paid from
the "Brucedale Community Centre Reserve" maintained by the
Municipality, if such reserve exists and has the required amount on
deposit.
All capital improvements to the Centre shall accrue to the benefit
of the Municipality and shall remain with the Municipality upon
the termination of this agreement.
The Municipality shall have the right to retain a key to the Centre
and the right to enter the premises upon reasonable notice to the
Association for the purpose of conducting inspections of the
condition and state of repair of the Centre.
The Association agrees that upon termination of the agreement
they shall surrender possession of the Centre to the Municipality
and shall leave it as good a condition as when this agreement
commenced. Prior to such termination, there shall be a complete
inspection of the premises and an inventory taken of all contents,
which are the property of the Municipality.
GENERAL
The Association shall indemnify and save harmless the
Municipality from all claims, demands and other damages
whatsoever arising from the operation of the Centre by the
Association as a result of this agreement.
9. This agreement shall be binding on the Municipality, and any
successor municipal corporation, which may succeed or replace the
Municipality.
1 O. This agreement shall not be assigned or transferred by the
Association without the expressed written consent of the
Municipality having been first obtained.
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11.
This agreement shall become in force and effect only upon its
authorization by a by-law of the council of the Municipality of
Kincardine.
12.
Any changes or other amendments to this agreement may only be
made by further agreement in writing and duly authorized by the
parties.
THE BRUCEDALE COMMUNITY CENTRE ASSOCIATION
Authorized by resolution passed at a
duly constituted meeting held on the
df day of /Ý}ARt:H .. ,2006.
per.~\~
/1 ~Membe<
Per: ~
Board Member
Per: ,,¡1!._~...£;.... ~r
Board ember
THE CORPORATION OF THE MUNICIPALITY
OF KINCARDINE
Authorized by By-law 2006-104 passed
On the 21st day of June 2006.
Per: ß:JL..-t. ..4..«..
Mayor
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