HomeMy WebLinkAboutBy-law 1035/79THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1035/79
Being a By-Law to authorize the execution
of an Agreement between the Corporation of
the Town of Pickering and the Claremont
Lions Club respecting the management of
the Claremont Community Centre.
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 Town operates the premises for the
benefit of its citizens, particularly those resident in the
Hamlet of Claremont and surrounding area; and
WHEREAS, the Club has offered its services, on certain
terms and conditions, to the Town, as a manager of the prem-
ises;
NOW THEREFORE, the Council of the Corporation of
the Town of Pickering HEREBY ENACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to
execute an Agreement, in the form attached
hereto as Schedule "A", between the Corpora-
tion of the Town of Pickering and the Claremont
Lions Club respecting the management of the
Claremont Community Centre.
BY-LAW read a first, second and third time and finally passed
this 5th day of November, 1979.
'Mayor
SCHEDULE "A" to By-law 1035/710
THIS AGREEMENT made in duplicate this 5th day of November,
1979.
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 hamlet of
Claremont, in the Town of Pickering; and
WHEREAS, the Town operates the premises for the
benefit of its citizens, particularly those resident in
the hamlet of Claremont and surrounding area; and
WHEREAS, the Club has offered its services, on
certain terms and conditions, to the Town, as a manager
of the premises;
NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in
consideration of the mutual covenants and agreements
herein contained and subject to the terms and conditions
hereinafter set out, the Parties hereto agree as follows:
1. (1) Subject to the terms and conditions hereof,
the Club shall manage the premises for the
Town as a community hall for the use of
the residents of the hamlet of Claremont
and surrounding area.
(2) For the purposes of this Agreement, the
term "manage" shall. include,
(a) leasing the premises, or parts
thereof, from time to time,
for Town-approved functions;
and
(b) providing, at the Club's
expense, in and on the prem-
ises,
(i) electricity,
(ii) heat,
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(iii) interior and
exterior clean-
ing services,
(iv) snow and ice
clearance,
(v) furnishings,
and
(vi) minor repairs.
2. (1) In leasing the premises, or parts thereof,
the Club shall,
(a) accept bookings from non-commer-
cial lessees only;
(b) ensure that all existing or
future community programmes and
Town programmes are not adverse-
ly affected, where such prog-
rammes are previously booked
through the Club; and
(c) collect rents in accordance with
subsection 2 hereof.
(2) 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 Sche-
dule "A".
(3) 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.
3. In partial consideration of the Town granting to
the Club the right to manage the premises, the
Club hereby agrees, at its sole expense,
(a) to provide the utilities and services
referred to in section 1(2)(b), above;
(b) to sand and refinish the floor of the
upper hall of the premises;
(c) to renovate the kitchen of the prem-
ises; and
(d) to renovate the lower hall of the
premises,
with and subject to the approval of the Town.
4. In partial consideration of the Club agreeing to
manage the premises, the Town here'oy agrees,
(a) at its sole expense, to provide any
and all major repairs to the prem-
ises which, in the Town's opinion,
are necessc:ry for ti_,-_ continued
operation of sa?^ as coc????nity
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(b) 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 except during pre-booked
meetings or other functions.
5. (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 and/or any
tenant of the Town.
(2) The Club covenants to save, defend,
hold harmless and indemnify the Town
of and from all loss, costs, claims
or demands in respect of any injuries
or damages referred to in subsection
(1) .
(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 which 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 provi-
sion hereof, or
(b) any injury occasioned to or
suffered by any person or
persons or any property result-
ing from any wrongful act,
neglect or default on the part
of the Club, its members,
agents, servants or employees,
or
(c) the use and occupation of the
premises by the Club, its
invitees and licensees.
(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 and 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
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(b) insurance against loss or damage
by fire in respect of all improve-
ments to the premises and equip-
ment appurtenant thereto to the
full insurable value of same, and
in respect of the premises gener-
ally in the amount of $1,000, and
containing the standard extended
perils endorsements,
naming the Town as co-insured.
6. The Club hereby acknowledges that the Town has granted
permission to the Altona 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.
7. The Town reserves the right to review, at the end of
each calendar year during the currency of this Agree-
ment, the balance of scheduling and bookings accepted
by the Club and to direct the Club accordingly.
8. (1) This Agreement shall be for a term of four-
teen (14) months commencing November 1st,
1979 and ending December 31st, 1980.
(2) Unless earlier terminated, this Agreement
may be renewed for two further terms, each
of two (2) years (i.e. January 1st, 1981 to
December 31st, 1982 and January 1st, 1983
to December 31st, 1984) and a fourth term
of five (5) years (i.e. January 1st, 1985
to December 31st, 1989), upon the agreement
of both parties in each case.
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 (10) day's notice to the
Club in writing in the event that the
insurance required to be provided by
section 5(4) is not provided or not
kept in force.
(3) In the event that this Agreement is term-
inated by the Town pursuant to subsection
(1) or (2), the Town shall honour any
bookings previously 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 circumstarice?i.
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IN WITNESS WHEREOF the Parties hereto have affixed
their respective corporate seals duly attested by the hands
of their authorized officers.
SIGNED, SEALED and DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
r
Clerk
THE CLAREMONT LIONS CLUB
Per-
Per .
SCHEDULE "A"
RENTS TABLF
ITEM PERSON/ORGANI7.ATCON FUNCTION RENT PAYABLE
1. Non-profit community - Community Nil
organization/associa- Program
tion
- Meeting Nil.
- Other See Note (1)
2. Town, Town agency/ - Recreation Nil
board Progranune
- Meeting Nil
- Other Nil
3. All others - Any Town- See Note (1)
approved
function
Note (1) Where function does not involve the
sale or consumption of alcoholic
beverages, the rent payable shall
be equal to 400 of the rent that
would be payable to the Town if
the function were being held in
the Town's West Shore Community
Centre.
Where function does involve the
sale or consumption of alcoholic
beverages, 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.
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