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HomeMy WebLinkAbout80-37 . ,.., ~. . . . . -- '. ~ TilL CORPORATION or TilL TOWN or Nr:WCASTLL BY-LAW NO. 80-37 Being a by-law to establish the Bowmanville Lions Centre as a Community Centre in accordance with the Community Recreation Centres Act, S.O. 1974, and to enter into a lease with the Bowmanville Lions Club and to enter into a service agreement with the Bowmanville Lions Club. WHEREAS the Council of the Corporation of the Town of Newcastle considers it desirable to create a Community Centre for the enjoyment and benefit of the residents of the Town of Newcastle, and in particular for the use and enjoyment of the residents of the former Town of Bowmanville; AND WHEREAS the Council of the Corporation of the Town of Newcastle considers it desirable that the said Bowmanville Lions Centre be designated a Community Centre as contemplated by the Community Recreation Centres Act, 1974; AND WHEREAS the Council of the Corporation of the Town of Newcastle considers it desirable to enter into a lease with the Bowmanville Lions Club for the use of the Bowmanville Lions Centre as a Community Centre; AND WHEREAS the Council of the Corporation of the Town of Newcastle considers it desirable to enter into an agreement with the Bowmanville Lions Club for the operation and management of the Community Centre; NOW THEREFORE, the Council of the Corpration of the Town of Newcastle ENACTS AS FOLLOWS:- (1) THAT the Bowmanville Lions Centre is hereby established as a Community Centre pursuant to the Community Recreation Centres Act, 1974. (2) THAT the Mayor and Clerk be authorized to sign a lease for the use of the Bowmanville Lions Centre as a Community Centre and that lease shall be appended to this by-law as Schedule "A". (3) THAT the Mayor and Clerk be authorized to sign an agreement with the Bowmanville Lions Club which shall set out the composition and duties of the "Bowmanville Lions Centre Board" and the agreement shall be appended to this by-law as Schedule "B". . ... '~~ . , '1, "" . . . Read a first & second time this 24th Read a third time & finally passed this 2 duy or March 24th day of March G. B. Rickard Mayor J. M. McIlroy Clerk 1980 1980 _______-. """"_....uIII(L1i:.E~~~.....t-"..~,.~?~~..-"fi.'~~,~!.i;.'":Al"T,h "-," :-:!';J;;;~'f~::~\-~:~;j\~JIJ~~r1J:;il'~~$fr'Jf"'-~"'1'" ,___,'J,~" ...... .""". . . ," ," .. ~ - G. Gray - . MEMORANDUM TO: Chainnan & Manbers of Finance & Achninistration Carmittee FRa1: Klaas Degroot, C. G . A., Treasurer DATE: March l7, 1980 SUBJECT : Bawmanville Lion Centre Recarmendation: That the attached by-law designating the Bowmanville Lions Centre as a Community Centre be recarmended to Council for approval. Report: This by-law was prepared following COlillcils adoption of Resolution # C-80-lOl which is reproduced here: . "That the Treasurer be authorized to apply to the Ministry of Culture & Recreation for a C.R.C.A. Grant for the I30wnanvUle Lions Community Centre Additions. That Staff prepare a draft by-law designating the Bowmanville Lions Centre a Community Centre and prepare a draft Lease Agreanent for discussion at the next Finance and Achninistration Carmittee meeting." Copies of this by-law have been circulated to the Ministry of Culture & Recreation and to L. Sebert, Solicitor and manhers of the I3ownanvl.lle Lions Club for their carrnent. ('J ~ (10 r\?l/ \/ 1~/"b ~Z" I ~,~~}~~~ r ~V//V . () .... . ',~ '" '. . . . THE CORPORATION Or. THE TOWN or Nr.WCASTLE BY-LAW NO. 80- 37 Being a by-law to establish the Bowmanville Lions Centre as a Community Centre in accordance with the Community Recreation Centres Act, S.O. 1974, and to enter into a lease with 1;:he Bowmanville Lions Club and to enter into a service agreement with the Bowmanville Lions Club. WBEREASthe Council of the Corporation of the Town of Newcastle considers' it desirable to create a Community Centre for ~he enjoyment and benefit of the residents of the Town of Newcastle, and in particular for the use and enjoyment of the residents of the former Town of Bowmanville; AND WHEREAS the Council of the Corporation of the Town of Newcastle considers it desirable that the said Bowmanville Lions Centre be designated a Community Centre as contemplated by the Community Recreation Centres Act, 1974; AND WHEREAS the Council of the Corporation of the Town of Newcastle considers it desirable to enter into a lease with the Bowmanville Lions Club for the use of the Bowmanville Lions Centre as a Community Centre; AND WHEREAS the Council of the Corporation of the Town of Newcastle considers it desirable to enter into an agreement with the Bowmanville Lions Club for tbe operation and management of the Community Centre; NOW THEREFORE, the Council of the Corpration of the Town of 'Newcastle ENACTS AS FOLLQWS:- (1) THAT the Bowmanvil1e Lions Centre is hereby established as a 'Community, Centre pursuant to the Community Recreation Centres Act, 1974. (2) THAT the Mayor and Clerk be authorized to sign a lease for the use 'of the Bowmanville Lions Centre as a Community Centre and that lease shall be appended to this by-law as Schedule "A". (3) THAT the Mayor and Clerk be authorized to sign an agreement with the Bowmanville Lions Club which shall set out the composition and duties of the uBowmanville Lions Centre Board" and the agreement shall be appended to this by~law as Schedule liB". -'" . . . , ' , . . . . Read a first & second time this 24th Read a third time & finally passed this 2 day of March G. B. Mayor J. M. Clerk 1980 24th day of March 1980 RiCkard~~~ \.... , . . . . c> , ' " SCHEDULE "A" BY-LAW NO 80- This indenture ~~ , made (in duplicate) this Zl~ day of 1980. IN PURSUANCE OF THE SHORT FORMS OF LEASES ACT BETWEEN: THE BOWMANVILLE LIONS CLUB herein called the Lessor of the FIRST PART AND THE CORPORATION OF THE TOWN OF NEWCASTLE herein called the Lessee of the SECOND PART WITNESSETH that in consideration of the rents, covenants, and agreements herein- after reserved and contained on the part of the Lessee, the Lessor doth demise and lease unto the Lessee, its successors and assigns, all the messuage or tenement, situate, lying and being in the former Town of Bowmanville, now the Town of Newcastle in the Regional Municipality of Durham, being the Lessor's building, municipally known as 26 Beech Avenue. TO HAVE AND TO HOLD the said demised ,replises for anQ during the term of twenty years to be computed from S'\- day of .J~ ' one thousand nine hundred and eighty, and from thenceforth nex ensuing and fully' to be completed and ended. YIELDING AND PAYING therefore yearly and every year during the said term unto the said Lessor, the sum two dollars ($2.00), payable on the following days and times, that is to say; the sum of $2.00 yearly on the ls-t- day of ~~ ~ and the \lai'\t payment to become due and be paid in advance on the \ ~-l ' day of J~ , 1999. \ The LESSEE covenants that he will not do or permit to be done on the said prenlises anything which may be a nuisance, and that the Lessee will use and occupy the said premises, imrl not carryon or permit to be carried on therein any activity or business that is not the ususal activity or business of a Community Centre as contemplated in The Community Recreation Centre Act, 1974, S.O. 1974. r" o -- . . . o (1 ,." . . - 2 - Provided that this lease shall be subject to the parties hereto entering into an agreement to provide for the establishment and operation of a Community Centre under The Community Recreation Centres Act, 1974, 5.0. 1974. Provided that the Lessor may declare the term hereby granted to be forthwith terminated in the event of non-payment of rent or non-performance of coverrants. It is agreed between the parties hereto that every covenant, proviso and agreement herein contained shall enure to the benefit of and be binding upon the parties hereto and their heirs, executors, administrators, successors, and assigns, and that all covenants herein contained shall be construed as being joint and several, and that when the context so requires or permits the singular number shall be read as if the plural were expressed, and the masculine gender as if the feminine or neutor, as the case may be, were expressed. IN WITNESS WHEREOF the parties hereto have hereunder set their hands and seals. Signed, Sealed and Delivered ) ) in the presence of ) ) ) ) ) ) ) ) ) OF NEWCASTLE Mayor T President Vice-President o .n ..~....w.tJ~Mt'W,~i;if,;:'(,~9r,r;,";' ~It; .. . . ,e (J "" ". ~ SCHEDULE "B" BY-LAW NO. 80- This Agreement made this ~ Z\~ day of ~~ 1980. BETWEEN: THE CORPORATION OF THE TOWN OF NEWCASTLE Hereinafter called the "Town" Of The FIRST PART: AND: THE BOWMANVILLE LIONS CLUB Hereinafter called the "Club" Of The SECOND PART. WHEREAS the Club is the owner of land and premises municipally known as 26 Beech Avenue; AND WHEREAS the Town is desirous in using the land and premises for the purpose of establishing thereon a Community Recreation Centre; AND WHEREAS the Club has agreed to lease the lands to the Town as hereinafter mentioned, for a period of 20 years; NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the premises and the mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. The Club undertakes that it shall lease to the Town that land and premises municipally known as 26 Beech Avenue, in the former Town of Bowmanville, now the Town of Newcastle, in the Regional Municipality of Durham. 2. The Town undertakes that it shall\for a term of twenty (20) years from the 1 A\- day of J ~ 1980, use the lands and premises for the establishment ther on of a Community Centre, consisting of the present buildings and proposed addition. (l o " ~::~(jt;i~'%~~limn'.iii,ii[;iPi,I:S:iG'j!Wjj:iW!W i ~- I -. - . . ,~. Cv ',' ...' .. - 2 - 3. The parties acknowledge that the above noted components shall be constructed in accordance with the design requirements of the Community Recreation Centres Act, 1974, (the "Act"). 4. The Town acknowledges that the lease of the lands and premises shall contain a reservation providing for the termination of the lease, in the event that the lands and premises or any portion thereof, are not used for the purposes of a Community Centre. The determination as to whether or not any, and/or all portions of the lands and premises are so used shall be determined mutually by the Club and the Town. 5. The parties acknowledge that the Club shall undertake to construct the proposed addition to the Community Hall. Upon the completion of the construction, the Club shall give a true accounting of all costs incurred therein to the Town, who will apply for all government grants on said construction. 6. This agreement is subject to the Town recelvlng a capital grant from the Province of Ontario under the Community Recreation Centre Act, 1974, which is administered by the Ministry of Culture and Recreation. 7. The Town acknowledges that it shall apply for all government grants, including and without limiting the generality of the foregoing, a grant under the Act which are available to assist with the construction costs of the Community Hall, and further that such grants shall be applied to the capital costs of the Community Hall. 8. The parties acknowledge that the Town will appoint a committee of management to exercise such powers and authority over the Centre as are contemplated by the Act so as to ensure that the Centre continues to qualifyas a community recreation centre as defined by the Act. 9. Notwithstanding that the Town is entitled to make all appointments to the committee of management pursuant to the provisions of Section 5(1) of the Act, the Club shall be entitled to present a slate of candidates from which the Town shall appoint four of the seven members of the committee management. 10. The committee of management may: (a) Fix the times and places of meetings of the committee and the mode of calling and conducting them, and make regulations governing the conduct of its members and employees; (b) Elect a chairman, vice-chairman, and a secretary-treasurer all of whom shall hold office at the pleasure of the committee, or for such period as the con~ittee may prescribe; (c) Employ such officers and servants as it may deem necessary, determine the terms on which they are to be employed fix their salaries and prescribe their duties. r" , . o " " . . . . o (, . - 3 - Cd) Adopt policy for rules for the use of the Community Centre and for the admission of the public thereto, and for regulating all other matters and things connected with the Management thereof. 11. The committee shall keep minutes of its meetings and all books, paper documents used in and pertaining to the business of the committee, and all such minutes, books, papers and documents shall be opened to the Members of Council and to any other person or persons appointed for this purpose by Council. 12. The Committee shall on or before the first day of March in each year, prepare and submit to Council an estimate of its financial requirements for the ensuing financial year. 13. The Committee shall keep distinct and regular accounts of its receipts, payments, assets and liabilities. 14. The accounts and transactions of the Committee shall be audited by the Municipal Auditor, and all minute books, books, records, documents, transactions, accounts and vouchers of the Board shall be opened to his inspection at all times as well as to the Municipal Treasurer. 15. Immediately after its accounts and transactions have been audited, the Committee shall submit them, together with an annual report of its affairs to Council. 16. The parties acknowledge that this agreement has been prepared in consultation with the Ministry of Culture and Recreation and that it is the intention of both parties hereto to ensure that the provisions hereof to render the Town eligible to apply for a grant pursuant to Section 6 of the Act. Accordingly, the parties agree not to make any alterations to this agreement or to do any other things which would have the effect of causing the Town to lose its dedication of the Centre as a community recreation centre. 17. This agreement embodies the entire agreement of the parties with regard to the matters dealt with in this agreement and no understandings or agreements, verbal, collateral or otherwise, exist between the parties except as expressly set out in this agreement. 18. This agreement shall ensure to the benefit of and shall be binding upon the respective successors and assigns of the parties hereto. Witness the Corporate Seals of the parties hereto, duly attested to by the proper signing officers in that behalf. o . . .'" .' . r'. . . --'. ' . (> Dated at Newcastle, this '""2.. \ .,l)-\- o - 4 - day of :J~ 1980. THE CORPORATION OF THE TOWN OF NEWCASTLE Per: ~~ ...... . Mayor Clerk THE BOWMANVILLE LIONS CLUB Per: ~'~ ~/ ' President Fig~~ .