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HomeMy WebLinkAboutTIV 97 014 agree lion's club "i:" ~~ ~ . THE CORPORATION OF THE VILLAGE OF TIVERTON BY-LAW NO. 1997-14 BEING A BY-LAW TO GIVE PERMISSION FOR THE REEVE AND CLERK TO ENTER INTO AN AGREEMENT WITH THE TIVERTON LION'S CLUB ON BEHALF OF THE MUNICIPALITY. WHEREAS the Municipal Act, R.S.O. 1990, c.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 is has been deemed desirous by the council of the Village of Tiverton to allow the Lion's Club to operate and manage the Centre for the benefit of the public. NOW THEREFORE, the Council of the Corporation of the Village of Tiverton enact as follows: 1. That the Reeve and Clerk be and are hereby authorized to enter into this agreement on behalf of the Municipality. 2. That this by-law shall come into force and effect upon a third and final reading. READ A FIRST AND SECOND TIME THIS 14ru DAY OF DECEMBER, 1997 Ç1~~~~ Vve ~~~ I' 1'7 cler READ A THIRD TIME AND FINALLY PASSED, SIGNED AND SEALED THIS I¥TH DAY OF DECEMBER, 1997. . - . - - _ ~- ¡-r.;,.,~ - -,.;~ . ; l~ve-:- " :.~: ~lw.J :- :..~~I ~. '"" -;:.- ~-.. ~. :·t> . :/:;' '-;./ f - ~ -.' - '. -~ -~- A'. - -~ - ,- ~A/.r;,) Clerk ¡( ¿'i ') . . . Agreement mat!e this 16th day of December, 1997. BETWEEN: TIm CORPORATION OF THE VILLAGE OF TIVERTON (Hereinafter called the "Village") OF THE FIRST PART -and· TIVERTON AND DISTRICT UON'S CLUB (Hereinafter called "The Lion's Club") OF THE SECOND PART WHEREAS the Village is the owner of lands and premises located at #10 MacKay Street, Tiverton, Ontario and known as the Community Centre/Annex and which is referred to throughout this agreement as "the Centre". AND WHEREAS the Lion's Club is a service club incorporated pursuant to the Jaws of the Province of Ontario for the purpose of promoting charitable service to the public in and about the Village of Tiverton and surrounding area. AND WHEREAS the Municipal Act, RS.O, 1990, cM. 45, Section 191(6) authorizes the council of every municipality to pass by-Jaws 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 Il¡Inds. AND WHEREAS it has been deemed desirous by the council of the Village ofTiverton to allow the Lion's Club to operate and manage the Centre for tile benefit of the public. NOW THERE;FORE, in consideration of the sum of$1.oo and other good and valuable consideration, the parties hereto agree as follows: 1. EXCLUSIVE USE OF PREMISES (a) The Village hereby grants and sets over to the Lion's Club the exclusive use of the Centre 011. and subject to the terms and conditions of this agreetIIent. (b) Such use shall include exclusive possession of the premises and its fixtures and chattels provided the Lion's Club remains in existenc:e and continues to actively pursue its program of providing services to the public in the Village of "fiverton and surrounding area. " . " . ·2. 2. lERM (a) This agreement shall commence on the 1st day of January, 1998 and shall continue until terminated as agreed herein. (b) The teJms of this agreement shall be reviewed by the parties at least once every five years, 3. TERMINATION (a) TIlis agreement may be terminated by either party giving one years written notice of termination to the other. . (b) 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 Lion's Club ceasing to exist. 4. 'rERMS QF OPERATION The Lion's Club 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 Lion's Club and they shall appoint a representative as a designated liaison person to meet with the V iIIage regarding the terms of this agreement. At no time may this agreement or any ri¡hts hereunder be assigned to any other person by the Lion's Club. (b) The Lion's Club sball 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 Lion's Club shall make the building available for use by the community at large and such use shall be based on a rental rate as established ~ the Lion's Club trom time to time and shalJ be made available to the public on a priority b~ the dates first accepted by the Lion's a. . . (d) It is acknowledged by the Lion's Club that the Centre may be used by the Tiverton Agricultural Society for the Fall Fair and by the Tiverton Women's Institute for their annual Craft Show and the dates of these events are to be given priority over all other requests for use of the Centre. 5. FINANCIAL TERMS The parties agree that the cost of operating the Centre sball be based OD the folJowing terms and conditions. . .' . " ' ·3· Insurance (a)(i) The Lion's Club shall pay the cost of providing comprehensive liability insurance coverage for the use of the Centre, in an amount ofat least $1,000,000.00, (ii) The Village shall be named as an additional insured on this policy and a copy of the initial policy and proof of every renewal sball be provided to the Village. (iii) The Lion's Club sha1l insure the buildings and contents of the Centre for loss by fire. and other specified perils. . Services (b) The Village agrees to supply water and sewage services to the Centre, tree of charge. (c) . TIle Village agrees to provide snow removal, grass cutting and regular garbage removal to the Centre and associated lands free of charge. . (d) The Lion's Club shaU provide at its cost an other services required to operate the Centre including but not limited to electricity, telephone and heat. 6, OPERATING COSTS (a) The com of operating the Centre including regular maintenance of the facility shall be administered by the Lion's Club from the proceeds received from renting the facility. (b) Any surplus remaining from the annual operation of the building, up to a maximum amount of $10,000.00 shall be carried forward and applied to the operational expenses of the facility for the succeeding year. (c) Any accumulated surplus in ex.cess ofSlO,Ooo.oo shall be shared equally by the Lion's Club and the ViI1age. The Village shall transfer its share of such surplus to the "Community Centre Reserve Fund" to be used for future capital requirements of the Centre. Cd) Any operating deficits sball be paid by the Village up to a maximum of$7,500.oo per year. 7, FINANCIAL REPORTING (a) It is agreed that the financial year end of the Centre shall be December 31 in each year throughout the term of this agreement. (b) The Lion's Club sha1l cause annual financial statements to be prepared, which accurately reflect the financial state of atTairs of the operations of the Centre and shall deliver such . '.... . .. . -4- statements to the Clerk-Treasurer of the Village 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 c=nt year. 8. REPAIRS AND IMPROVEMENTS (a) It is acknowledged by the Lion's Club that the Centre will be used by the public and must be maintained at all times in a safe condition for those using it. . ( b) The Lion' s Club acknowledge and agree to maintain the Centre in such a manner to meet the 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 Village by the Lion's Club together with estimates of the cost of such work and no such work shall be authorized until the approval of the ViJlage has been given. (d) All approved capital projects and improvements shall be paid from the "Community Centre Reserve Fund" maintained by the Village, if such fund exists and has the required amount on deposit. (c) A II capital improvements to the Centre shall accrue to the benefit of the V ilIage and shall remain with the Village upon the termination of this agreement. (t) The Village shall have the right to retain a key to the Centre and the right to enter the premises upon reasonable notice to the Lion's Club for the purpose of conducting inspections of the condition and state of repair of the Centre. (g) The Lion's Club agrees that upon termination of this agreement they shall surrender possession of the Centre to the Village and shall1eave it in as good a condition as when thìs 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 Village. 9, GENERAL The Lion's Çlub shall indemnify and save harmless the Village from all claims, demands and other damages whatsoever arisingfioom the operation of the Centre by the Lion's Club as a result of this agreement. 10, This agreement shall be binding on the Village of Tiverton, and any successor municipal corporation which may succeed or replace the Village. 11. This agreement shall not be assigned ortrausfetred by the Lion's Club without the expressed written consent of the Village having been fust obtained. 12. This agreement shall become in force and effect only upon its authorization þy a by-law of the council of the Village ofTlVerton, . , ..". 13. Any changes or other amendments to this agreement may only be made by further agreement in writing and duly authorized and signed by the parties. TIVERTON AND DISTRICT LIONS CLUB Authorized by resolution passed at a duly Per: constituted meeting held on the 2nd day of December, 1997 Per: . Per: Authorized by By-law #1997-14 passed this 16th day of December, 1997. ~f '~ Board Me r -. THE CORPORATION OF THE VILLAGE OF TIVERTON Per: ~~ð-<,J'U;+<':-->' . - .". ---,.--.. ~ ._ eve _~_-~'\\. :-.~~: ~~'-_~ ~" ~,;,," ,( it ),/'{ ~ Cler ~ ~ /. --.: -'?,-~ -'\. ---- -~ Per: . -/ , - .