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Home My WebLink About17 015 Brucedale Community Centre (2017) Agreement By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE rua • _gig R%� (I, ► d 01, BY-LAW No. 2017 - 015 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH THE BRUCEDALE COMMUNITY CENTRE ASSOCIATION FOR THE OPERATION OF THE BRUCEDALE COMMUNITY CENTRE WHEREAS Section 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, 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 Corporation of the Municipality of Kincardine deems it advisable to enter into an agreement with the Brucedale Community Centre Association for the operation of the Brucedale Community Centre; 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 agreement with the Brucedale Community Centre Association for the operation of the Brucedale Community Centre, in accordance with the terms and conditions outlined in the agreement attached hereto as Schedule 'A' and forming part of this by-law. 2. That the Mayor and Chief Administrative Officer be authorized and • directed to execute, on behalf of the Council of The Corporation of the Municipality of Kincardine, the agreement with the Brucedale Community Centre Association, attached hereto as Schedule 'A' and to affix the corporate seal. 3. That this by-law shall come into full force and effect upon its final passage. 4. That this by-law may be cited as the "Brucedale Community Centre (2017) Agreement By-law". READ a FIRST and SECOND TIME this 1st day of February, 2017. READ a THIRD TIME and FINALLY PASSED this 1st day of February, 2017. _ i LJ atlYkoz-llus Mayor Clerk ° • This is Schedule"..6._" to By-Law No01 1-d15 passed the L day of Febf1/4.41 20 1 Agreement made this 1st day of February, 2017. 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, located at 1046 Concession 12, and which is referred to throughout this agreement as "the Centre". AND WHEREAS the Association is a community group interested in operating and managing the Brucedale Centre for the benefit of the citizens of the Municipality; 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. EXCLUSIVE USE OF PREMISES (a) 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. 2 (b) Such use shall include exclusive possession of the premises and its fixtures and chattels provided the Association remains in existence. 2. TERMS (a) This agreement shall be for five years, to be in effect from January, 2017 to Dec 31, 2022. (b) The parties shall review the terms of this agreement at least once every five years. 3. 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 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. 4. INSURANCE The Board 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: 3 i) Commercial General Liability Insurance, for third party boidly 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)Tenant's Legal Liability e) Contents coverage on a replacement cost basis for all property owned by the board and located at the Brucedale Community Centre; and f) A thirty (30) day written notice of cancellation ii) The Board shall provide the Municipality with a valid Certificate of Insurance as evidence of the above coverages. The Board shall also provide the Municipality with any renewal replacement certificates during the remainder of the tenancy. 5. FINANCIAL TERMS The parties agree that the cost of operating the Centre shall be based on the following terms and conditions: (a) The Municipality shall provide property 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 above $3,000 made by the Brucedale Community Centre Association in managing the Brucedale Community Centre will be carried forward and deposited to a`Brucedale Community Centre Reserve Fund" held by the Municipality for future capital expenditures. 4 6. FINANCIAL REPORTING (a) It is agreed that the financial year-end of the Centre shall be December 31st 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 March 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. (b) The Association acknowledges and agrees to maintain the Centre in such a manner to meet standards of the Ontario "Occupiers Liability Act". (c) Plans for all capital improvements 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. (d) All approved capital projects and improvements shall be paid from the "Brucedale Community Centre Reserve Fund" maintained by the Municipality. (e) What constitutes "Capital" projects and improvements must be in accordance with the Municipalities Capital Asset Policy and must receive Council approval. (0 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. (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 Association for the purpose of conducting inspections of the condition and state of repair of the Centre. (h) 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 5 inspection of the premises and an inventory taken of all contents, which are the property of the Municipality. 8. GENERAL (a) 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. (b) This agreement shall be binding on the Municipality, and any successor municipal corporation, which may succeed or replace the Municipality. (c) This agreement shall not be assigned or transferred by the Association without the expressed written consent of the Municipality having been first obtained. (e) This agreement shall become in force and effect only upon its authorization by a by-law of the Council of the Municipality of Kincardine. (f) Any changes or other amendments to this agreement may only be made by further agreement in writing and duly authorized by the parties. 9. TERMINATION UPON NOTICE Either party to this agreement may, with three months written notice of intent, dissolve the agreement. Notice with regard to this agreement shall be delivered to: - Municipality of Kincardine care of Recreation Director at 1475 Concession 5, RR#5, Kincardine, ON N2Z 2X6 - Brucedale Community Centre Association care of Association President at the current address provided by the Tenant on a yearly basis. • 6 THE BRUCEDALE COMMUNITY CENTRE ASSOCIATION This agreement shall be binding on the Municipality of Kincardine and any successor municipal corporation which may succeed or replace the Municipality. This agreement shall not be assigned or transferred without the expressed written consent of the Municipality. This agreement shall be in force and effect only upon its authorization by a by-law by the Council of the Municipality of Kincardine. 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. IN WITNESS WHEREOF, the Parties have caused this agreement to be executed by their duly authorised representatives to be effective as of the Effective date stated at the top of this Agreement. Authorized by By-Law No. 2017 —015 THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Per: CAO,Murray Clarke Per: Mayor, Anne Eadie We have the authority to bind the Corporation/Association j Per: Witness Per: .LA,