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HomeMy WebLinkAbout99 127 Agree - Brucedale Assoc. NO. 1999 -127 A BYLAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH THE BRUCEDALE COMMUNITY CENTRE ASSOCIATION WHEREAS the Council for The Corporation of the Township of Kincardine- Bruce-Tiverton 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 Township of Kincardine-Bruce-Tiverton ENACTS as follows: 1. That The Corporation of the Township of Kincardine Bruce Tiverton enter into an agreement with the Brucedale Community Centre. 2. That the Mayor and Clerk be authorized to sign, on behalf of The Corporation of the Township of Kincardine-Bruce-Tiverton the Agreement with the Brucedale Community Centre attached to this by-law 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, By-law" . READ a FIRST, SECOND & THIRD TIME and DEEMED TO BE PASSED this 13th Day of October, 1999. Mayor Clerk . . . . Agreement made this 13th day of October, 1999. BETWEEN THE CORPORATION OF THE TOWNSHIP OF KINCARDINE-BRUCE-TIVERTON (Hereafter called the "Township") OF THE FIRST PART and THE BRUCEDALE COMMUNITY CENTRE ASSOCIATION (Hereafter called the . Association") OF THE SECOND PART WHEREAS the Township 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 Township of Kincardine-Bruce- Tiverton 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. EXCLUSIVE USE OF PREMI£E§ (a) The Township hereby grants and sets over to the association the exclusive use of the . (b) 2. (a) (b) 3. (a) (b) . 4. 2 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 111 day of October, 1999 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. :œRMS OF OPERATION The Association shall operate the Centre on the following terms and conditions. (a) The operation of the Centre must at all time 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 Township regarding the terms 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. . (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. 3 . 5. FINANCIAL TERMS The parties agree that the cost of operating the Centre shall be based on the following terms and conditions: (a) The Township 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, up to a maximum amount of $3,000.00 shall be carried forward and applied to the . operational expenses of the facility for the succeeding year. (e) Any accumulated surplus in excess of $3,000.00 shall be returned to the Township and deposited in the "Brucedale Community Centre Reserve" to be used for future capital requirements of the Centre. (d) Any operating deficits, up to a maximum of $1,500.00 per year, shall be paid by the Township. 6. ElliANCIAL ~PORTING (a) It is agreed that the financial year-end of the Centre shall be December 3111 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 statel)1ents to the Treasurer of the Township 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. REP81RS ANtuMPROVEM~TS (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. . 4 (b) The Association acknowledges and agrees to maintain the Centre in such a . manner to meet standards of the Ontario Occupier's Liability Act. (c) Plans for all capital improvements and proposed major repairs shall be submitted for approval to the Township by the Association together with estimates of the cost of such work and no such work shall be authorized until the approval of the Township has been given. (d) All approved capital projects and improvements shall be paid from the "Brucedale Centre Reserve" maintained by the Township, if such reserve exists and has the required amount on deposit. (c) All capital improvements to the Centre shall accrue to the benefit of the Township and shall remain with the Township upon the termination of this agreement. (f) The Township 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. (g) The Association agrees that upon termination of this agreement they shall surrender possession of the Centre to the Township and shall leave it in 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 Township. 8. ~ENERAL The Association shall indemnify and save harmless the Township 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 Township, and any successor municipal corporation, which may succeed or replace the Township. . 10. This agreement shall not be assigned or transferred by the Association without the expressed written consent of the Township having been first obtained. 11. This agreement shall become in force and effect only upon its authorization by a by-law of the council of the Township of Kincardine-Bruce- Tiverton. . . . , 12. s Any changes or other amendments to tlñs agreement may only be made by further agreement in writing and duly authorized and signed by the parties. THE BRUCEDALE ASSOCIATION Authorized by resolution passed at a a duly constituted meeting held on the I£. day of -:::r..J '1 . 1999 Per: Board M per:~~ Board M THE CORPORATION OF THE TOWNSHIP OF KINCARDINE-BRUCE- TIVERTON Authorized by By-law 1999-/.l7passed onthe/.1t"~ day of OJõ C.1I .1999. -. D6C-,/~ .,..,. Ma /--.::::> Per:-\=::.::~.\".a ~ .,.....L.....L Clerk '