HomeMy WebLinkAbout79-132
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'!HE OORPORATION OF 'lHE TOWN OF NEWCASTLE
BY-LAW ro. 79-132
Being a by-law to authorize the entering into a Maoorandum
of Understanding with SPLASH.
The Council of the Corporation of the Town of Newcastle hereby
ENACI'S AS roUOWS:
That the Mayor and Clerk are hereby authorized to execute on
behalf of the Corporation of the 'Ibwn of Newcastle and seal with
the Corporation Seal a Merrorandum of Understanding between
SPLASH and the said Corporation dated the 20th day of Novanber 1979
which is hereto on Schedule "A".
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By-Law read a first and second time this 19th day of November 1979
By-Law read a third and final time this 19th day of NovEmber 1979
G. B. Rickard
Mayor
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J. M. McIlroy
Clerk
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SCHE!xJ!..E "A"
MEMORANDUM OF UNDERSTANDING
made in duplicate this 20th day of November, 1979.
Bet wee n:
'lEE caJNCIL OF TIlE 'IDWN OF NEWCASTLE
hereinafter called "the Town"
OF THE FIRST PARr:
and
SPLASH, a committee of citizens of the
Town of Newcastle interested in providing
public funds for the construction of an
indoor pool and squash courts.
hereinafter called "Splash"
OF THE SECOND PARr:
WHEREAS Splash has entered u}X)n a campaign to raise
public funds for the purpose of constructing an indoor swimming pool and
squash court canplex adjacent to the I3cmmanville High School with the estimated
cost and funding as follows:
Community Centre Grants
Wintario Grants
$ 75,000.00
370,000.00
740,000.00
Funds to be raised by Splash Campaign
Total EstiImted cost of project
including architect fees
$1,185,000.00
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.;hvQule "A"
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AND WHEREAS Splash has raised by donati.ons and pledges
to the date herCoDf the sum of $559,901.00 and the Town has agreed to hire
engineering and architectural consultants to prepare plans, specifications
and \\Orking drawings leading to tender 01' the projfltlt:
NOW THEREFORE the Parties hereto hav~ ngreed to commit to
writing their respective understanding as to the prop.~pure leading to tender,
the letting of a contract and financing of the project as follows:
1. For the pUJTDse of Wintario Grants only Splash will pay
to the Town the funds which it has raised :in accordance with the Est ima ted
Cash Flow Stat anent attached hereto as Schedule "A" and will provide to the
Town its current bank statanents, tenn de,[X)sits and pledge cards.
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2. After January 1st, 1980 and provided a contract has been
awarded for the project Splash shall pay to the To\Vll monthly all donations
rE..>cei ved Jor the preccHling month.
2 (a). All proceeds fran pledges will be collected by Splash
and turned over to the Town.
3. The Estimated Cash Flow StatEment attached as Schedule "A"
is based on the Construction Schedule - Estimated attached hereto as Schedule
"B" and shall be reviewed and altered by the parties from t:ime to t:ime as
fund raising has been finaLized by Splash, the final pl"icc of the project
is determined by a bid accepted by the Town and the Construction Schedule
and receipt t:ime of Wintario and Comnuni ty Centre Grants becane more apparent.
4. The Town agrees to provide inter:im financing excluding
interest charges as may be required for the project provided Splash completes
its fund raising objectives of $610,000.00 in cash and pledges prior to tenders
being accepted by Council, and further provided Wintario and Community Centre
Grants are available to the Town.
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5. In the event there is a shortfall in the contract resulting
from a higher contract price and/or interest charges to finance the project
Splash agrees to continue its fund raising campaign to make up such shortfall,
provided Splash agrees to a<..:cept SUdl higher contract price and provided
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further that any shortfall in plec4;es are made up by add it ionaJo Pledge~~
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6. The Town agrees to ass'1..lIne fimmcial responsibility for
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the project.
7. The Town shall request the Northumberland and Newcastle
Board of Education to transfer the necessary lands pursuant to the Agreenent
between the Town and the Board.
8. The Town will apply to the Ontario Municipal Board for
approval of the project in accordance with its rules and procedure.
9. The Town will pass any necessary amendnents to its wning
by-laws to permit construction of the project and sulrnit such amendnents for
approval of the Ontario Municipal Board prior to tenders being called in
accordance with the proJDsed Schedule of Working Drawings attached hereto
Schedul e "C".
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10. rille Town will pa.::;::; a by-law establishing- tile pruject as a
community centre in accordance with The Community Centres Recreation Act.
n. 111e Town will make all necessary applications for rebates
of provincial sales tax on the project.
12. The Town shall by resolution apJDint a Building Comnittee
for the project consisting of the following:
Four manbers fran Splash
All MElTIbers of Council, the Town Mc'lnager
of Community Services
'I\ID representatives fran the Board of
and the Dic,.r0~ctor
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Education
13. The resJDnsibilities of the Building Comnittee shall be as
1'011 ows :
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(a) consideration and review of plans, specifications and
\\Orking drawings prepared by the Town's consultants
for construction and tender and the making of appropriate
recommendations for Council's consideration.
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~chedule "A"
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(b) consideration and recarmenda.tion of all change orders
su1:mi tted by the O:msul tants setting out the reason for
the change and the resulting change in the contract price.
(c) to provide copies of minutes of all building comnittee
meetings to menbers of Council.
14. The Council of the Town agrees to consider all change
orders reoammended by the Building Committee expeditiously after receipt
theroof.
15. The Town shall consider the waiving of the building - ,
permit fee normally required. ('\
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In Witness Wheroof the parties hereto have executed this agreement by the hands
of the duly authorized officers.
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THE CDRroRATIG.'l' OF 'IRE 1DWN OF NEWCAS'ILE
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G. B.
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J. M. MCIlIDY,
SPLASH
DR. H. B. RUNDLE, CllAIRMAN
D. BARBER, VICE-mAIHMAN'
G. GILPIN, VICE-mAIRMAN
MRS. B. HICKS, CD-ORDINA1DR
MRS. G. RICKARD, SECRETARY
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MRS. A. SIMPSON, CANVASS CHAIRMAN
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MRS. 13. SOIOUTEN, PLE1iiE((AIfTh1AN
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R. STEVENS, FINANCE OIAIRMAN
C. ElLIOIT, FINANCE GlAIRMAN
MRS. J. WILLIAMS, SPECIAL EVENTS
M. BROWN, BUIlDING CHAIRMAN
A. STRIKE, LIAISON GIAIRMAN
D. PEEBLES, PUBLICITI CHAIRMAN
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S C H E D U L E "A"
Estimated Cash Flow
(Nov. 15, 1979)
1979
Payments Splash
on eon.
Nov. 12
$
Dec. 1
1980
Jan. 1
Feb. 1
Mar. 1
Apr. 1
May 1
June 1
July 1
Aug. 1
Sept. 1
OC.l
Nov. 1
D ec . 1
J19811
an.
July 1
Oct. 1
Nov. 1
Dec. 1
20,000
20,000
100,000
100,000
120,000
120,000
170,000
175,000
175,000
185,000
1,185,000
Grants
eredit
Int.
\:){c'r,.it$U."~)1tl'~.,,~~~.c~PIfP "
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Debit
Int.
Balance of
Account
$214,000 (-21,049 expenses to date) $ 192,951.
(Note # 1)
190,500
21,000
7,500
35,000
35,000
65,000
5,000
30,000
35,000
65,000
$70,000
70,000
70,000
70,000
90,000
75,000
$4,120
2,954
3,115
2,566
2,506
1,679
736
$ 335
1,664
2,697
3,589
4,260
5,000
23,915
10,218
3,225
2,781
603,000 445,000 17,676. 57,684
(Note # 2)
172,951
267,571
291,525
274,640
277,206
179,712
81,391
(30,373)
(150,708)
(252,372)
(325,069)
(398,658)
(452,918)
(367,918)
(311,833)
(292,051)
(260,276)
(198,057)
Interest Assumptions
eredit -13% through Mar. 1, 1980
-11% thereafter
Debit -13% from Aug. 1st 1980 through end of project
Note 1. Expenses to date of $21,049 taken off Nov. 12/79
income of $214,000 to give initial payment of
192,95l.
2. $7,931 (2% of $396.585)s~btracted from total
income of $603,000 as allowance for unpaid
pledges.
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CONSTRUCTION SCHEDULE - ESTIMATED
JAN. FEB. MAR. APR. MAY JUN. JUL. AUG. SEP. OC1 NOV. DEC.
Jurisdictional Approvals ..... ...... ...10 weeks ollowir g appli ation or grar:
""i ntario Grant Confi rma tion
Site Preparation ....
Contractor Mobilization
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Excavation Foundations Backfill ~...., i
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&ea r ing ~alls, Second Floor I
.:!'lci Ro;;f ..... i..... .. .. I
Roofing and Insulation, Flashing ,. ..,
Interior Concrete (Pool) ... ..... I
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Interior Backfill and Floors .. 1-.. ~....
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Interior PartH ions, Doors, Windows ... ..... ~.. ..
Interior Floor Finishes .. ..1 I
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Pool Finishes .........
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l..'all Finishes II......
Ceilings ...
Pool and Building Plumbing ...... ..... ......,..... ...... I
c Bu ilding Service and Pool Equi?ment ..... ...... ....
Plumbing Fixtures .. .....
r.rt:,lect r iea 1 Service and Eq uiprnen t .. Ia ..... ...... .....1 ..... .....
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Electrical Fixtures ,...
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Site \Jork .... ...
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SC~EDULE FOR WOf=lKING D~AWINGS
DESIGN FUNCTION SEPT. OCT. NOV. DEC. JAN.
l. Collect Exjstin~ Soil Data,
Revie.... and Comlnen t on ..
Preliminary Concepts.
2. Confi rm Soil Information with
Soil Consultant in New Building ........
1 (\"'''~;(\n
3 . I.'orking Drawings 11..........., ......
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4. Owner Review of Working Drawings r...........
and Provisions.
S. Provide Presentation Drawings
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for Further Fund Raising.
6. Preparation of Specifications. ... ....... "
7. Cost Es t i r.;a t e Confirmations ....... ....
P:- €' 1 . Final
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Carit . Grant
8. Tender Period ........ .. * Ap?li ' a ti on by Town
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9. Jurisdictional Approvals (Hi n i sC~) .....,-.
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of Labour. HealtL; Fire Marshall)
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10. Wintario Capital Grant Approval ( ~/
for Design Stage by Town (urgent) .. ............. .............. ....,
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TOITEN S U:S HUBICKI ASS.ES LDUrED