HomeMy WebLinkAboutBy-law 2069/85THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2069 /85
Being a by-law to authorize the execution of an
Agreement between The Corporation of the Town
of Picketing and the Claremont Lions Club re-
specting the continued management of the Clare-
mont Community Centre by the Claremont Lions
Club.
WHEREAS the Town owns and operates a community centre known as the Claremont
Community Centre in the Hamlet of Claremont in the Town of Pickering; and
WHEREAS the Claremont Lions Club has provided its services, on
conditions, to the Town as manager of the community centre and
provide for the continued provision of such services;
certain terms and
it is desirable to
NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY
ENACTS AS FOLLOWS:
The Mayor and Clerk are hereby authorized to execute an Agreement, in the
form attached hereto as Schedule A, between The Corporation of the Town of
Pickerlng and the Claremont Lions Club respecting the continued management of
the Claremont Community Centre by the Claremont Lions Club.
BY-I,AW read a first, second and third time and finally passed this 6th day of
August, 1985.
Blhn'E. Anders~o~, Mayor
Schedule A
THIS AGREEMENT made this 1st day of January, 1985.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town",
OF THE FIRST PART,
- and -
THE CLAREMONT LIONS CLUB
hereinafter called the "Club"
OF THE SECOND PART.
WHEREAS the Town owns and operates a community centre (hereinafter referred to as
the "premises"), known as the Claremont Community Centre, in the ham]et of Clare-
mont, in the Town of Picketing for the benefit of its citizens, particularly those
resident in the hamlet of Claremont and surrounding area; and
WHEREAS since November 5th, 1979, the Club has provided its services, on certain
terms and conditions, to the Town, as a manager of the premises; and
WHEREAS it is deemed desirable that the Club continue to provide such services;
NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consideration of the
mutual covenants and agreements herein contained an subject to the terms and con-
ditions hereinafter set out, the Parties hereto agree as follows:
1.
(2)
Subject to the terms and conditions hereof, the Club shall continue to
manage the premises for the Town as a community hall for the use of the
residents of the Hamlet of Claremont and surrounding area.
For the purposes of this Agreement, the term "manage" shall include,
(a) leasing the premises, or parts thereof, from time to time, to third
parties for Town approved functions; and
(b) providing, at the Club's expense, in and on the premises,
(i) interior and exterior cleaning services,
(ii)
(iii)
(iv)
snow and ice clearance,
furnishings, and
minor repairs.
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(1) In leasing the premises, or parts thereof, the Club shall,
(2)
(3)
(a) accept bookings from non-commercial lessees only;
(b)
ensure that all existing or future community
programs are not adversely affected, where
previously booked through the Club; and
programs and Town
such programs are
(c) collect rents in accordance with subsection (2) hereof.
Rents shall be collected by the Club from persons and organizations
leasing the premises, or parts thereof, according to the Rents Table
attached hereto as Schedule A.
All rents collected by the Club pursuant to this section shall be the
property of the Club and shall be deemed to be the fee payable by the
Town to the Club respecting the Club's management of the premises.
In partial consideration of the Town granting to the Club the right to manage
the premises, the Club hereby agrees, at its sole expense, to provide the
services referred to in section 1(2) (b), above, the the satisfaction of the
Town.
In partial consideration of the Club agreeing to manage the premises, the Town
hereby agrees,
(a) at its expense, to provide electricity and heat in and for the premises;
(b)
at its expense, to provide any major repairs to the premises which, in
the Town's opinion, are necessary for the continued operation of the
premises as a community hall;
(c)
to permit the Club to use, rent-free, a portion of the premises for its
purposes as a service organization, it being understood that, except for
certain cupboards or display areas, such permission is not intended to
extend exclusive use of that portion to the Club expect during pre-
booked meetings or other functions.
(1)
The Town shall not be responsible in any way for any injury to any
person or for any loss or damage to any property belonging to the Club,
or to its members or guests while such persons or property are in or
about the premises, nor for any damage caused by anything done or
omitted to be done by the Town or any tenant of the Town.
(z)
The Club covenants to save, defend, hold harmless and
Town of and from all loss, costs, claims or demands in
injuries or damages referred to in subsection (1).
indemnify the
respect of any
(3)
The Club further covenants and agrees to save harmless and indemnify
the Town against any and all suits, claims, actions or demands of any
nature or kind to wh{ch the Town shall or may become liable for or suffer
by reason of,
(a) any breach, violation or non-performance of the Club of any
covenant, term or provision hereof, or
(b)
any injury occasioned to or suffered by any person or persons or
any property resulting from any wrongful act, neglect or default
on the part of the Club, its members, agents, servants or em-
ployees, or
(c) the use and occupation of the premises by the Club, its invitees
and licensees.
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(4)
For the purposes of subsections (2) and (3), the Club shall throughout
the term of this Agreement, provide at its own expense, and keep in
force, for the benefit of the Town an the Club,
(a)
general liability insurance in respect of injury to or death of one
or more persons or property damage in an amount not less than
$1,000,000; and
(b)
insurance against loss or damage by fire in respect of all im-
provements to the premises and equipment appurtenant thereto to
the full insurable value of same, and in respect of the premises
generally in the amount of $],000.000 and containing the standard
extended perils endorsements,
naming the Town as co-insured.
The Club hereby acknowledges that the Town has granted permission to the
Claremont Co-Operative Nursery School, Inc. to use the premises for nursery
school purposes at certain times and the Club hereby agrees to accept the
granting of such permission as a booking for the purposes of this Agreement,
and the Club hereby waives any claim to any remuneration collected by the
Town in the granting of or as a condition of the granting of such permission.
The Town reserves the right to review, at the end of each calendar year
during the currency of this Agreement, the balance of scheduling and bookings
accepted by the Club and to direct the Club accordingly.
8. (1)
This Agreement shall take effect as of January 1st, 1985 and shall expire,
unless earlier terminated, on December 31st, 1989.
(2)
Unless earlier terminated, this Agreement may be renewed for a further
term of five years (i.e. January 1st, 1989 to December 31st, 1994), upon
the agreement of both Parties.
9. (1) This Agreement may be terminated by either Party upon six month's
notice to the other in writing.
(2)
This Agreement may be terminated by the Town upon ten day's notice to
the Club in writing in the event that the insurance required to be
provided in section 5(4) is not provided or not kept in force.
(3)
In the event that this Agreement is terminated by the Town pursuant to
subsection (1) or (2), above, the Town shall honour any bookings previ-
ously made with the Club for the use of the premises after the effective
date of termination.
10.
Nothing in this Agreement shall be construed so as to render the Club, its
members, servants, agents or contractors to be an employee of the Town.
11. This Agreement shall not be assignable by either Party in any circumstances.
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IN WITNESS WHEREOF the Parties hereto have affixed their respective corporate seals
duly attested by the hands of their proper authorized officers.
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
John E. Anderson, Mayor
Bruce Taylor, Clerk
THE CLAREMONT LIONS CLUB
Schedule A
RENTS TABLE
Item
Person ! Or ~anization
Non-profit community
organization/association
Function Rent Payable
Community Program Nil
Meetin g Nil
Other See Note (])
Town, Town agency/board
Recreation Program Ni]
Meeting Nil
Other
All others
Any Town approved
function
See Note (I)
Note (1):
Where function does not involve the sale or consumption of alcoholic
beverages, the rent pay---~ole shall be equal to 40% of the rent that would
be payable to the Town if the function where being held in the Town's
West Shore Community Centre.
Where function does involve the sale or consumption of alcoholic bever-
ages, the rent payable shall be equal to 60% of the rent that would be
payable to the Town if the function were being held in the Town's West
Shore Community Centre.