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HomeMy WebLinkAbout16 047 Whitney Crawford Community Centre/Annex (Tiverton & District Lions Club) Operating Agreement By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT � � ►,.,w ..'�- , �����LITY OF K1K�K� BY -LAW NO. 2016 - 047 A BY -LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH THE TIVERTON & DISTRICT LIONS CLUB TO OPERATE THE WHITNEY CRAWFORD COMMUNITY CENTRE WHEREAS pursuant to the Municipal Act, 2001, S.O. 2001, c. 25, as amended, Section 8 (1) and 9 provide that the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to • enhance the municipality's ability to respond to municipal issues and has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS the Municipality is the owner of the lands and premises located at 6 MacKay Street, Tiverton, Ontario and known as the Whitney Crawford Community Centre /Annex; AND WHEREAS the Tiverton & District Lions Club is a service club incorporated pursuant to the laws 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 has an interest in operating and managing the Whitney Crawford Community Centre /Annex for the benefit of the citizens of the Municipality. AND WHEREAS Council deems it appropriate to enter into an Operating Agreement with the Tiverton & District Lions Club to operate and manage the Whitney Crawford Community Centre /Annex for the benefit of the public; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine • ENACTS as follows: 1. That The Corporation of the Municipality of Kincardine enter into an Operating Agreement with the Tiverton & District Lions Club to operate and manage the Whitney Crawford Community Centre /Annex attached hereto as Schedule `A'. 2. That the Mayor and Chief Administrative Officer be authorized and directed to execute, on behalf of The Corporation of the Municipality of Kincardine, the Operating Agreement with the Tiverton & District Lions Club, attached hereto as Schedule "A" and forming part of this By -law. 3. This by -law shall come into full force and effect upon its final passage. 4. This by -law may be cited as the 'Whitney Crawford Community Centre /Annex (Tiverton & District Lions Club) Operating Agreement By -law ". READ a FIRST and SECOND TIME this 13th day of April, 2016. 411 READ a THIRD TIME and FINALLY PASSED this 13th day of April, 2016. , �1. y ALL )L. . i t Mayor ( Clerk This is Schedule "A_" to By -Law No.b` passed the 15 day of f . 20110 Agreement made this day of 1 pr ( 1 , 2016 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE (Hereinafter called the `Municipality ") - AND — TIVERTON & DISTRICT LIONS CLUB (Hereinafter called "The Lions Club ") WHEREAS the Municipality is the owner of the lands and premises located at #6 MacKay Street, Tiverton, Ontario and known as the Whitney Crawford Community Centre /Annex and which is referred to throughout this agreement as the "Centre ". AND WHEREAS the Lions Club is a service club incorporated pursuant to the laws 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 has an interest in operating and managing the Whitney Crawford Community Centre /Annex for the benefit of the citizens of the Municipality. AND WHEREAS the Municipal Act, R.S.O. 1990, C.M. 45, Section 19 (16) authorizes the council of every municipality to pass by -laws providing for the use by the public of the lands 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 Corporation of the Municipality of Kincardine to allow the Lions Club 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 hereby agree as follows: 1. Use of Premises (a) The Municipality hereby grants and sets over to the Lions Club the use of the Centre on and subject to the terms and conditions of this agreement. (b) Such use shall include exclusive possession of the premises and its fixtures and chattels provided the Lions Club remains in existence and continues to actively pursue its program of operating the Centre to the benefit of the public. 2. Term (a) This agreement shall be for five years, to be in effect from March 2016 to March 2020, or until such time that a new Centre is built, at which point this agreement shall be terminated and reviewed. (b) The parties shall review the terms of this agreement and the Lions Club may renew this agreement for a further five years subject to the Municipality's approval. 3. Terms of Operations The Lions Club 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 Lions Club. They shall appoint a representative as a designated liaison person to meet with the Director of Parks & Recreation regarding the term of this agreement. At no time may the agreement or any rights hereunder be assigned to any other person by the Lions Club. (b) The Lions Club 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 way encumbered. (c) The Lions Club shall make the building available for use by individuals, business and community groups for activities deemed suitable and at rental rates established by the Club from time to time. These rates shall be reviewed by the Director of Parks & Recreation prior to being put into effect and at a minimum on a yearly basis. (d) It is acknowledged by the Lions Club that the Centre may be used by the Tiverton Agricultural Society for the Fall Fair and the Municipality of Kincardine for any functions they may require it for; the dates of these events are to be given priority over all other requests for use by the Centre. 4. Insurance The Lions Club shall put into effect and maintain in its name, at its expense, all the necessary insurance that would be considered appropriate for a prudent tenant undertaking your type of operation with insurers acceptable to the Municipality, including: i) Commercial General Liability Insurance, for third party bodily injury, personal injury and property damage to an inclusive limit of not less than Two Million Dollars ($2,000,000) per occurrence. The policy shall include: a) The Corporation of the Municipality of Kincardine as an additional insured; b) Cross liability c) Contractual liability d) Tenants Legal liability e) Contents coverage on a replacement basis for all property owned by the Club and located at the Whitney Crawford Community Centre. f) A thirty (30) day written notice of cancellation ii) The Lions Club shall provide the Municipality with a valid Certificate of Insurance as evidence of the above coverages. The Lions Club shall also provide the Municipality with any renewal replacement certificates during the remainder of the tenancy. Contents in the annex will not be insured by the Municipality. 5. Services The parties agree that the cost of operating the Centre shall be based on the following terms and conditions: a) The Municipality agrees to supply water and sewage services to the Centre free of charge. b) The Municipality agrees to provide grounds maintenance including, snow removal, and lawn care. c) The Municipality agrees to provide and pay for property insurance for the Centre. d) The costs of operating the Centre including regular maintenance of the facility shall be administered by the Club from the proceeds received from renting the facility. e) The Club shall provide at its cost all other services required to operate the Centre including but not limited to electricity, telephone, heat, regular garbage removal, etc. f) The Municipality agrees to fund capital repairs and /or replacement costs for the heating system. 6. Financial Terms a) Any surplus greater than $1,000 remaining from the annual operating budget of the Centre shall be shared, with 50% of the net profit to The Lions Club, and 50% of the net profit to the Municipality. The 50% share of Municipal profit will be transferred to the Whitney Crawford Community Centre Reserve Fund for the future replacement of capital assets. b) Any operating deficits less than $5,000 shall be paid by the Municipality with the funds coming from the Whitney Crawford Community Centre Reserve Fund. In the event of insufficient funds in the Whitney Crawford Community Centre Reserve Fund, the deficit shall be funded through the Municipality's Contingency /Capital Reserve. c) If the annual operating deficit exceeds $5,000 in any given year, a representative from The Lions Club will be required to appear as a delegation at an upcoming Council meeting to provide justification for the deficit. Council shall then make a determination as to how the deficit shall be funded and what actions shall be taken to manage the Centre's operations going forward. 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 Club shall prepare or cause to have prepared, annual financial statements which accurately reflect the financial state of affairs of the operation of the Centre. These statements shall be delivered to the Director of Parks & Recreation prior to the end of January following each year end throughout the term of this agreement. c) The Club must present a proposed budget by the end of January each year for the operation of the Centre for the following year. 8. Repairs and Improvements a) It is acknowledged by the 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 Club acknowledges and agrees 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 Municipality by the Club 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. d) The Club undertakes to maintain in good and operating condition the Centre, including making repair investments from revenues. e) All approved capital projects and improvements shall be paid from the "Whitney Crawford Community Centre Reserve Fund" maintained by the Municipality if such exists and has the required amount on deposit. f) All capital improvements to the Centre shall accrue to the benefit of the Municipality and shalt remain with the Municipality upon the termination of this agreement. g) 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 Lions Club for the purpose of conducting inspections of the condition and state of repair to the Centre. h) The Club agrees that upon termination of this agreement that they will surrender the possession of the Centre to the Municipality 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 inventory taken of all contents which are the property of the Municipality. 9.0 General a) The Club shall indemnify and save harmless the Municipality from all claims, demands and other damages whatsoever arising from the operation of the Centre by the Club as a result of this agreement. b) This agreement shall not be assigned or transferred by the Club without the expressed written consent of the Municipality having been first obtained. c) This agreement shall become in force and effect only upon its authorization by a by -law of the Council of the Municipality of Kincardine and submission of proof of liability insurance. d) 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. e) This agreement may be terminated by either party by either party giving one year's written notice of termination to the other. f) 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 Club ceasing to exist. 10. Assignment a) This agreement shall not be assigned by the Club without the expressed written consent of the Municipality having been first obtained as authorized by by -law. 11. Notification a) Notification is deemed to be given to each of the respective parties if delivered to: Tiverton Lions Club P.O. Box ;'C' Tiverton, ON NOG 2TO Attention: (519)368 - The Corporation of the Municipality of Kincardine 1475 5 Concession RR # 5 Kincardine, ON N2Z 2X6 (519)396 -3468 b) Any change in notification address by one party shall be provided to the other party within 10 calendar days of the change. Tiverton Lions // Club President – Michelle R ody ffct9 CA) 614 -0 Secretary – Brent Crawford We have the authority to bind the corporation THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE cz,,, dr----y—e---- .2.-‘ .--ric ' 42...-1 4- Mayor–An -die 110 a,.C.0._ CAO – Murray Clarke We have the authority to bind the corporation