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HomeMy WebLinkAboutBy-law 1599/82THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1599/82 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 continued manage- ment of the Claremont Community Centre by the Claremont Lions Club WHEREAS the Town owns and operates a community centre known as the Claremont Com- munity Centre in the Hamlet of Claremont in the Town of Pickering; and WHEREAS the Claremont Lions Club has provided its services, on certain terms and conditions, to the Town as manager of the community centre and it is desirable to provide for the continued provision of such services; NOW THEREFORE, the Council of the Corporation of the Town of Pickering 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 Pick- ering and the Claremont Lions Club respecting the continued management of the Claremont Community Centre by the Claremont Lions Club. BY-LAW read a first, second and third time and finally passed this 20th December 1982. day of / 9or Clerk Schedule "A" to By-law #1599/82 THIS AGREEMENT made in duplicate this day of , 1982. 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 for the benefit of its citizens, particularly those resident in the hamlet of Claremont and surrounding area; and WHEREAS since November 5th, 1979, on certain terms and conditions, premises; and the Club has provided its services, to the Town, as a manager of the WHEREAS it is deemed desirable that the Club continue to provide such services but on different terms and conditions; NOW THEI{EFORE, 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) (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 prem- ises, (i) interior and exterior cleaning services, - 2 - (ii) snow and ice clearance, (iii) furnishings, and (iv) 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 and Town programs are not adversely affected, where such programs are previously booked through the Club; and (c) collect rents in accordance with subsection 2 hereof. Rents shall be collected by the Club from persons and organ- izations leasing the premises, or parts thereof, according to the Rents Table attached hereto as Schedule "A". Ail 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, to the satisfaction of the Town. In partial consideration of the Club agreeing to manage the prem- ises, 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 which, in the Town's opinion, are necessary for operation of the premises as a community hall; the premises the continued (c) to permit the Club to use, rent-free, a portion of the prem- ises 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. (1) (2) (3) 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. The Club covenants to save, defend, hold harmless and indem- nify the Town of and from all loss, costs, claims or demands in respect of any injuries or damages referred to in sub- section (1). 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, (4) (a) any breach, violation or non-pei f...~.~-:.,~ of the Club of any covenant, term or provision heieo~-, 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, a~]enl.s, servants or employees, or (c) the use and occupation of the premises by the Club, its invitees and licensees. 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 ~h~ Club, (a) general l~ability ins~-a~ce ~n doath of one or mc,£'~ ~,vsop. s o~ amount not ]ess ~L.]n $},0~10,000 ~espect of injury to or ?ope~ty damage in an $1,000,000 ~nd conta~l~ng thc %;..~...i~td exhended p,~,'~ ].s endorsement s, naming the Town as co-insured. The Club hereby acknowledges that the Town has granted permission ~o the Claremont Co-operative Nursery School, Inc. to use the premises for nursery school purpDses at certain times and the Club hereby agrees to accept the granting of such permission as a book- Lng for the purposes of this Agreement, and the Club hereby waives any claim to any remuneration collected by the Town in the grant- i~q ~,1: ~r as a condiLion of the ,3ranting of such permission. '7. '~he Town reserw?s '.:he night to revi.~2w, at [he end of each calendar year during the currer~cy of this ~9,'eement, the balance of sched- uling and bookings ,a ,~'apted by ~:he Club and to direct the Club accordingly. (1) (2) This Agreement ~hall take effect as of March 1st, 1982 and shall expire, ua]ess earlier terminated, on December 31st, 1984. Unless earlier Eerminated, this Agreement may be renewed for a further term of five (5) years (i.e. January 1st, 1985 to December 31st, 1989), upon the agreement of both Parties. (i) (3) This Agreemen~ ~My be terminated by (.it:hut Party upon six month's not~c~ ~o f.he ~ ~her in writi~)g. Th4s Agreeme]~- ~:.:.~y }~c ~.~rmin,~ted by the Town upon ten (]0) day's not~ce : ~ ;h~! (;l~.b fn w~i[ i:~g 4n the event that thc insurance requi~ d ;.~ ~ , p~,~.~d,Td in section 5(4) is not pro- vided or not kepi- ;~ ~, ~ o. In the event that this A~ ..... neu~ is Lerminated by the Town pursuant to subsection (]~ ,r (2), th:~ Town shall honour any bookings previously made with the ,' ,.,. for the use of the pr, ~,,ises after the effective d~l.e ,,~: i.nrmination. - 4 - 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 cir- cumstances. 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 Mayor Clerk THE CI~AREMONT LIONS CLUB Per: Per: SCHEDULE "A" RENTS TABLE Item Person/Organization Non-profit community organization/association Function Community Program Meeting Other Rent Nil Nil See Note Payable (1) Town, Town agency/board Recreation Program Nil Meeting Nil Other Nil All others Any Town-approved function See Note (1) Note (1): Where function does not involve the sale or consump- tion of alcoholic beverages, the rent payable shall be equal to 40% 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.