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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. - 2 - (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. - 3- (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. - 4- 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.