Loading...
HomeMy WebLinkAbout03 007 agree tiv lions com cen e . e e THE CORPORATION OF THE MUNICIPALITY OF KINC INE I I I A BY-LAW TO AUTHORIZE THE SIGN IN OF AN AGREEMENT WITH THE TIVERTON AND DISTR CT LION'S CLUB TO OPERATE AND MANAGE THE TIVERTON COMMUNITY CENTRE/A NEX BY-LAW NO. 2003 - 07 WHEREAS the Council for The Municipality of Kincardine dee s it advisable to enter into an Agreement with the Tiverton and District Lion's CI b. AND WHEREAS this Agreement provides for the Tiverton and District Lion's Club to operate and manage the Community Centre/Annex loc tad at #10 MacKay Street, Tiverton, Ontario; NOW THEREFORE the Council for The Corporation of tie Municipality of Kincardine ENACTS as follows: 1. That the Corporation of the Municipality of Kincardine enter into an agreement with the Tiverton and District Lion's Club. 2. That the Mayor and CAO be authorized to sign, on behalf f The Corporation of the Municipality of Kincardine, the Agreement with the Tiverton and District Lion's Club 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 fi al passage. 4. This By-law may be cited as the 'Tiverton Lion's Comm nity Centre/Annex Agreement, By-law". READ a FIRST, SECOND and THIRD TIME and DEEMED T BE PASSED this 8th day of January 2003. Clerk oJ' . . . "r ,- i 1 , t- Agreement made this day of December, 2002 BETWEEN THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE (Hereinafter called the "Municipality") OF THE FIRST PART -AND- TIVERTON AND DISTRICT LION'S CLUB (Hereinafter called "The Lion's Club) OF THE SECOND PART WHEREAS the Municipality 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 laws of the Province of Ontario for the purpose of promoting charitable service to the public in and about the Village ofTiverton and surrounding area. AND WHEREAS the Municipal Act, R.S.O. 1990, c.M, 45, Section 19 (16) authorizes the councD 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 Lion's Club to operate and manage the Centre for the benefit of the public. NOW THEREFORE, in consideration of the sum of$I.00 and other good and valuable consideration, the parties hereto agree as follows: 1. USE OF PREMISES (a) The Municipality hereby grants and sets over to the Lion's Club tbe use of the Centre on and subject to the terms and conditions of this agreement. (b) Such use shaD include exclusive possession of the premises and its fIXtures and chattels provided the Lion's Club remains in existence and continues to actively pursue its program of providing services to the public. " . J " I' . í . . -2- 2. TERM (a) This agreement shall commence on the l't day of January, 2003 and shall continue until December 31, 2007. (b) The Lion's Club may renew this agreement for a further five years subject to municipal approval. 3 TERMINATION (a) This 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. TERMS OF QPERATION The Lion's 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 Lion's Club and they sball appoint a representative as a designated liaison person to meet with the Director of Recreation regarding the terms of this agreement. At no time may this agreement or any rights hereunder be assigned to any other person by the Lion's Club. (b) The Lion's 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 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 by the Lion's Club from time to time and shaD be made available to the public on a priority basis on the dates first accepted by the Lion's Club. (d) It is acknowledge by the Lion's Club that the Centre may be used by the Tiverton AgrIcultural Society for the Fall Fair and annual Craft Show and the dates of these events are to be given priority over all other requests for use of the Centre. " i~...' ,,' I . . . -3- 5. FINANCIAL TERMS The parties agree that the cost of operating the Centre shall be base on the foDowing terms and condition: INSURANCE (a) The Municipality shall pay the cost of providing Property and Boiler and Machinery insurance covering the Community Centre and Annex and contents of the Centre against all risks of loss or damage, subject to standard insurauce wordings. Contents in the annex will not be insured by the Municipality. (b) The Lion's Club shaD pay the cost of providing a liability policy in the amount of at least $ 2,000,000.00, naming the Municipality as an Additional Insured and providing Cross Liability and at least 30 days Notice of Cancellation or Material Change. Proof of this coverage in the form of a certificate of insurance is required prior to the contract being executed. SERVICES (c) The municipality agrees to supply water and sewage services to the Centre free of charge. (d) The Municipality agrees to provide snow removal and grass cutting to the Centre and associated lands free of charge. (e) The Lion's Club shall provide at its cost aD other services required to operate the Centre including but not limited to electricity, telephone, heat and regular garbage removal. 6. OPERATING COSTS (a) The costs of operating the Centre including regular maintenance of the facility shaD 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 each succeeding year. (c) Any accumulated surplus in excess 0($ 10,000.00 shall be shared equally by the Lion's Club and the Municipallty. The Municipality shall transfer its share of such surplus to the "Community Centre Reserve Fund ". (d) Any operating deficits shall be paid by the Municipality up to a maximum of $ 7500.00 per year. Balance of deficits over $ 7500.00 will be funded by the Tiverton Lions Club. ,,' . . . l'!"... . -4- 7. FINANCIAL REPORTING (a) It is agreed that the financial year end of the Centre shall be December 31 in each year thronghout the term of this agreement. (b) The Lion's Club shall cause annual financial statements to be prepared which accurately reOect the financial state of affairs of the operation of the Centre and shall deliver such statements to the Director of Recreation prior to the end of January foDowing each year end throughout the term of this agreement. (c) The Lion's Club must present a proposed budget by the end of December each year for the operation of the Centre for the following 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 Municipality 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 Municipality has been given. (d) AU approved capital projects and improvements shall be paid from the "Community Centre Reserve Fund" maintained by the Municipality if such fund exists and has the required amonnt on deposit. (e) 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. (1) 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 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 will surrender the possession of the Centre to the Municipality and shaD 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. .~. · · · :'!t ~ -5- 9. GENERAL The Lion' 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 Lion's Club as a result of this agreement. Reference clause 5b. 10. This agreement shall be binding on the Municipality of Kincardine and any successor municipal corporation which may succeed or replace the Municipality. !..L This agreement shaD not be assigned or transferred by the Lion's Club without the expressed written consent of the Municipality having been first obtained. 12. 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. !J. 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 ;Æ;,¡jJ. :; ~¿{'/C~þll'" Z£"'IJ,~/fl~~&fSð'; SECRETARY .:.:: <.v~ -. ~~,¡- ~ MAYO ....-- ~,-, r>. "fir ':::~ ~~ -\ ~~ ~~,~.;.c .'.- --_ CAO ~~...-:..~/~~- .~_..,#,., ........ '"::. , , , , , :; .'