Loading...
HomeMy WebLinkAbout75-41 . . . "" . THE CORPORATION OF THE TOWN OF NEWCASTLE BY-lAW NO. 75-41 A by-law to authorise the entering into an Agreerrent with the Newcastle Lions Club for the construction of a Public Swinming Pool. The Council of the Corporation of the 'lbwn of Newcastle hereby enacts as follows: (1) THAT the Mayor and Clerk are hereby authorised to execute on behalf of the Cbrporation of the Town of Newcastle and seal with the Corporate Seal an ~twith the Newcastle Lions Club for the construction of a Swimming Pool. Read a First, Second and Third Time and finally passed this 2nd ~ 8. B. nl~t_I'Q" /i-.tvf ~ayor day of June, 1975. (Signed) seal (Signed) J. M. Clerk --;: " . . . - NEWCASTLE LIONS CLUB SWIMMING POOL AGREEMENT THIS AGREEMENT made this ~ day of ~ A.D. 1975 BETWEEN: The Newcastle Lions Club hereinafter referred to as the "CLUB" of the one Part - and - The Corporation of the Town of Newcastle, Regional Municipality of Durham hereinafter referred to as the "Municipality" of the other Part. WHEREAS the Club wishes to assist the Municipality in the provlslon of an outdoor swimming pool facility, hereinafter referred to as the project, in the Town of Newcastle, Regional Municipality of Durham, Province of Ontario, and being composed of all that portion of Lot Twenty-seven (27) in the First Concession of the Geographic Township of Clarke, formerly in the Village of Newcastle, County of Durham, more particularly designated as Part Two (2) according to Plan IOR472 deposited in the Land Registry Office for the Registry Division of Newcastle (#10) on May 7th, 1975. suitable for operation during daylight hours only, for the use, benefit and enjoyment of the Public: AND WHEREAS the parties to this agreement deem it wise and expedient :1, that an agreement between them indicate their separate and conjoint responsibilities to this project; NOW THEREFORE THIS AGREEMENT WITNESSETH that in considercation of the Municipality approving the project and the covenants hereinafter expressed, the parties hereto covenant and agree one with the other as follows:- 1. The Municipality shall purchase all materials for and construct a steel-walled, vinyl-lined outdoor swimming pool and concrete block change house upon the agreed site, complete all grading sodding and security fencing in accordance with the plans and specifications hereto attached as Schedule "A", as approved by the Department of Health Engineering of the Ministry of Health, provide all facilities and appurtenances necessary for the operation during daylight hours only as a Class A Pool, with the assistance of the Club, subject to any revisions or substitutions as approved by the Consultants, International Pool Design Inc., and Grant Sedgwick and Associates. 2. The Club shall provide all funds necessary to complete the project to the extent of the total cost NOT recoverable by Municipal Grants as hereinafter provided, deposit same in a separate account to the credit of the Municipality, approve all accounts for payment and keep duplicate records of receipts and expenditures for audit purposes, in co-operation with the Treasurer of the Municipality. In all things, the Club shall be considered as agent of the Municipality, their role restricted to supply money and volunteer labour on the project, while the entering into of contracts and the control and direction of the work shall remain with the Municipality, in order to complete the project at the lowest possible cost; ., . 2 . . . 3. The Municipality shall accept and deposit all funds provided by the Club into a separate account of the Municipality in order that this project will become eligible for Grants under the Community Recreation Centres Act, 1974, or other applicable Acts, pay all invoices out of this account when recommended by the Swimming Pool Committee of the Club and keep all records of receipts and expenditures necessary for audit control of the project. 4. The Municipality shall make application to the Ministry of Community and Social Services for a Grant available under the Community Recreation Centres Act as well as any other Grant that may be available to the Municipality, with the assistance of the Club. 5. The Club shall deposit in the Municipal account established for this project the sum of $40,000.00 prior to the signing of this agreement and shall supply additional funds, letters of credit, or other securities satisfactory to the Municipality sufficient to guarantee the payment of all accounts to the extent not recoverable by Municipal Grants by August 31, 1975. 6. The Municipality agrees to complete the project in time for operation during the 1975 season, except in the case or cases of material shortages, labour strikes or other situatllipns beyond the control of the Municipality. 7. The Club, as agent of the Municipality, shall replace and/or restore all damage to the grounds, leading to the project site arising from authorized construction vehicles and equipment, to their original condition. 8. The Club, shall assist the Municipality in the provlslon of competent and adequate supervision of all construction and shall provide complete I'as-constructed" drawings of the project to the Municipality for its files; 9. The Municipality shall establish the outdoor swimming pool project by By-law and conform to all regulations under the Communities Recreation Centres Act and the Public Health Act. 10. The Municipality shall deposit in the swimming pool account the sum of $15,000.00 on the assurance and condition that: (a) If no Grants are payable or received from or as a result of the applications in item 4 before November 30, 1975, the Club shall reimburse the Municipality the full amount deposited without interest, within 90 days of notification by the Municipality. (p) If the sum of all Grants received by the Municipality applicable to this project are LESS than that depositied to the swimming pool account by the Municipality, the Club shall reimburse the DIFFERENCE to the Municipality, within 90 days of notification. Cc} If the sum of all Grants received by the Municipality applicable to this project are greater than that deposited to the swimming pool account by the Municipality, the Municipality shall reimburse the surplus to the Service Club for money, labour and material which have been supplied by them to the project. Cd} If Grants applicable to this project are received by the Municipality after November 30, 1975, funds equal to the sum of the Grants shall be reimbursed to the Club for money labour and material which have been supplied by them to the project. . . .3 . 'J ... .0 11. This project shall be considered complete when approved by the Ministry of Health for operations as a Class A outdoor swimming pool for daylight operation only under the Public Health Act, at which time, on the assurance that all outstanding accounts have been paid, the Municipality shall issue a letter of final acceptance to the Club and return all surplus funds on deposit in the swimming pool account. The issuance of the final letter of acceptance will totally absolve the Club of any further obligation or responsibility in the project. Thereafter the Municipality shall operate, staff, maintain and use the completed project during daylight hours only under the control of the Department of Recreation for the Town of Newcastle. 12. The elementary School children, up to and including Grade 6, shall be allowed to use the Pool, without charge, during sohool hours, in June and September, in organized swimming groups, the school to provide supervision and qualified lifeguards. 13. Time shall be the essence of this agreement. 14. This agreement and everything herein contained shall enure to the benefit of and be binding upon the parties hereto, their successors and assigns: IN WITNESS WHEREOF the said parties have hereunto affixed their signatures and/or Corporate Seals attested to by the hands of the proper officers in that behalf fully authorized. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: NEWCASTLE LIONS CLUB per 9~ :\\~ !//r€S/.oL':NT) (!~~(~ J Clerk '" Approved and authorized by By.-Law Number 7 :{. 4-1 passed the _?~{ day of :r~ A.D. 1975. DATED: A.D. 1975 t " j . THE NEWCASTLE LJ:ORS CLUB and THE CORPORATION OF THE TOWN OF NEICASTLE . AGREEMENT .