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HomeMy WebLinkAbout78-120 . . , . e . --r- .' THE CORPORATION OF THE TOWN OF NEWCASTLE By-Law No. 78-120 Being a by-law to authorize the entering into an Agreement with the Northumberland and Newcastle Board of Education. The Council of the Corporation of the Town of Newcastle hereby enacts as follows:- 1) THAT the Town enter into an Agreement with the Northumberland and Newcastle Board of Education with regard to a swimming pool and recreational complex which is attached hereto as Schedule "A". 2) THAT the Mayor and Clerk be and they are hereby authorized and directed to sign the Agreement and impress the Corporation Seal thereon. d~ BY-LAW read a first time this 19th day of December, 1978. BY -LAW read a second time this ... .J.8.tJ\. day of ..... .J.l\n.e. . ., 1979. BY -LAW read a third time and finally passed this . .J.~tJ\ ... day of .. .J.u.:qe. . . .. ., 1979. G. B. Rickard~ #~ Mayor \ t~~il Gertrude ".~.-GrayG~khNA1 ~&''':::!:y, ;Deputy Clerk // / t/ . e e f THIS AGREEMENT made this 7;rlllA P 1979. day of /4-u 911 f7 : t BE'I'WEEN: NORTHUMBERLAND AND NEWCAST"..E BOARD OF EDUCAT~ON, hereinafter caUed the "BOARD" -and- 'l'BE CORPORAnON OF THE TOWN OF NEtJCAS'IU, hereinaf tar called the "TQWNf' WHEREAS the Town wishes to CODstruct an enclosed swi-ing pool and recreational complex for the use and enjoyment of the citizens and educational institutions within the Town; and WHElEAS the Town shall bear the responsibility for and all costs of construction of the swimming pool and recreational complex; and WHEREAS the Board is the owner of the lands upon which it is proposed to construct the sv1mm1ng pool and recreational-:complex; and WHEREAS the Board is prepared to convey to the Town the lands requisite for the construction of the swimming pool and recreational complex and to grant such licenses, easements and other privileges to permit the supply of services and public ingress and egress both during and after construction of the swimming pool and recreational complex; and WHEREAS the Town and the Board wish to enter into an agreement governing ~~e transfer of lands, easements and licenses; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises; the mutual covenants and agreements herein contained; and other good and valuable consideration (the receipt and sufficiency whereof are hereby by each of the parties acknowledged) the parties hereto agree as follows: . -2- . 1) Forthwith following execution of this agreement, the Board shall convey to the Town by deed in registerable form for the sum of TWO-----(S2.00) --------DOL.LARS the lands and premises more particularly shown as Part 1 on Schedule "A" hereto (hereinafter referred to as the Lands). .' . 2) Prior to calling for tenders for the construction of the svimming pool and recreacional co~lex, the Town shall prepare and submit to the Board plans and sl)ecifications of all common wall areas. connecting servic;.e installations' and external arc:hi.cf!!c.cure andgrad1ng and a time schedule for construction. No tenders shall be ~ed by the Town nor shall construction commence prior to approval of such plans and specifications and time schedule by the Board. 3) The Town agrees to submit to the Board for approval all amendments or alterations to the said plans and specifications of all common areas, connecting of service installations and external architecture and gradin~ prior to th~ implementation of any such amendments or alterations. e 4) The Board aJrees to advise the Town of.1t5 a'pproval or disal)~1:'oval ot the s_aid, plans and sl)ecific.ati~s and time schedule or any amendments. or alterations thereto within 2 week.s of the receipt of same by the Board and forthwith following approval by the Board of the said initial plans and specifications and time schedule, the Town shall call tenders for the construction of the swimming pool and ,recreational complex upon the lands in accordance therewit~ . 5) The Town shall proceed as expeditiously as possible to construct, in a good and workmanlike manner, an enclosed swimming pool and recreational complex, including any modifications to the school which are necessitated by the constr~ctio, of the camp lex , upon the lands in accordance with the plans and specifications at its own and exclusive expense. 6) In the event that the Town does not commence construction of an enclosed swimming pool and recreational complex within three (3) years of the date e of execution of this agreement, the Town shall re-convey by deed in registerable form, the lands, free from any excavations or unsafe structures to the Board for the sum of 'l'WO---" ($2.00) ..- DOLL\RS and all the terms of this aareement shall become null and void and all rights, duties, privileges, easements and licenses shaUbe forthwith teminated.c__ . e .. 7) During the period of conscruction of the swimming pool and recreational complex the Board hereby grants to the Town, its servants, agents, contractors sub-contractors or any of their employees, the right in the nature of a temporary easement, to enter in, or and upon all of the lands and premises of the Board adjacent to the lands and to arrange for or construct temporary structures or facilities and to excavate those portions of the Board's property as may be requisite and necessary to enable the Town, its servants, agents contractors, and sub-contractors to' construct the swimming pool and recreational complex, provided however, th. Town shall use its best endeavours to cause minimum disruption to the Board's property, structures, facilities and programs and provided further that at completion of the construction of the swimming pool and recreational complex or such earlier time as may be feasible the Town agrees to restore the Board's property, structures and facilities to the condition they were in prior to commencement of construction except to the extent that the plans and specifications provide that the Board's property, structures or facilities are to be altered. 8) The Board hereby grants to the TeNn, its servants, agents, contractors, sub-contractors, and all users of the swimmin~ pool and recreational complex, in the ingress and egress the r1gh~ nature of a licence to~across, over and upon the Board's property and to park motor vehicles thereon; subject only to the rules and regulations which may from time to time be imposed by the Board provided that such rules and regulations shall be no more onerous tha t those imposed upon the Board's employees and the general public using the Board's facilities unless otherwise agreed by the parties hereto. 9) The Town hereby covenancs and agrees to grade" level, construct and install no less that twenry(20) asphalt parking spaces within the confines of Part 5 shown on Schedule "A" hereto. 10) It is understood and agreed that when the swimming pool and SQuash courts are ~leased by the Board, the Board shall have the right to use the change room facilities provided in the swimming pool and recreational complex. e -4- .. 11) The operation, maintenance and caretaking of the swimming pool and recreational complex shall at all times be the responsibility of the Town. . : . 12) The Town covenan ts and agrees to insure the complex agains t normal perils that are covered by fire and extended coverage in the amount that a prudent owner would normally purchase in the light of the replacement costs of the building and the Town shall provide the Board with proof of insurance fTom time to time as requested by the Board. The Town agrees to apply any proceeds paid to the Town pursuant eo the insurance coverage on the ~d complex to the costs of the repairs and agrees to repair or cause to be repaired, at no expense to the Board, (unless otherwise agreed upon) any damage in excess of the insurance coverage or excluded by the polley. e 13) Forthwith follOWing execution hereof, each of the Town and the Board will arrange for endorsements to be added to the public liability and property damage insurance. policies carried by them respectively which endorsements will provide for coverage at the swimming'pool and recreational complex as their respective interests appear. 14) Each party shall be solely responsible for any claims which may arise during its respective use of the complex and each party hereby undertakes and agrees to indemnify and save harmless the other of and from all claims, demands, actions, and costs incidental thereto, that may be made or instituted by any person or persons with respect to damages or injuries that may be sustained_ to person and or property arising out of the use of any of the facilities by either of the said parties, their respective agents or users. 13) Each party shall designate a liaison officer and notify the other par:y of the liaison officer together with his address and telephone number; and each party shall notify the other party of any change with respect to its liaison officer. e -,- , '.19) The par~ies shall from time to time es tablish appropriate rules and regulations with respeet to common use areas and the Town shall post the same and all 1nst!'Uctors t <1Ctend:JntJ:J and other perl'lons u~1nr, the complex shall abide thereby. .. . 17) The Town covenants and agrees with the Board as follows: (i) that it shall incorporate into any contract into which it enters for the conseruetion of the swimming pool recreational complex an UI1der~aking by the contractor, that such contraet will not endanger any structure, person or property owned by or under the control of the Board on the land adjacent to the site for the construction of the complex, and that, if any damage resul ts to any structure or person owned by or under the control of the Board on adjacent land which is atttibutable to the construction of the comple~, the contractor will make good any damage, monetary or otherwise, to the satisfaction of the Board and the owner, or any person injured or a parent or guardian of any such person; and (ll) that it shall fully indemnify and save harmless the Board from any and all claims by the contractor or any sub-contractor pursU&ntcto tbe e HechAn1ea' Lien Act, R.S.O. 1970, C. 267, as amended or otherw1se~ 18) Any notice required to be given under this agreement shall be deemed to have been suffiCiently given if sent by Registered Mail, postage prepaid, respectively addressed to: (a) 'lbe Northumberland and Newcastle Board of Education, 834 D'Arcy Street, P.O. Box 470, COBOURG, Ontario. 19) (b) The Corporation of tbe Town of Newcastle, 40 Temperance Street, BOWMANVILLE, Oneario. That failure of either party at any time to require performance by the other parey of any obligation under this agreement shall in no way effect its rights thereafter to enforce su~~ Obligation, nor shall the waiver by either party of the performance of any obligation hereunder be taken, or be held, to be a waiver of the performance of the same or any other obligaeion hereunder at any time. e .. .. - ~ 20) AJ.l matters in difference in relation co this agreement and to che affairs of the swimmin~ pool nnd recreational compl('x sh.111 h(> rcfcrrN.I to the ~ arbitration of a single arbitrator, if the parties hereto agree upon one, otherwise to three arbitrators , one to be appointed by each party and a third to be chosen by the first CliO n.:1~d before they enter upon the husiness'of arbitration. The award and determination of suCh arbitrator or arbitrators or any two of such three arbi~ators, shall be bindinf. upon the parties hereto and their respective heirs, executors, administrators and assigns. 21) The Town and the Board each covenant that they will camply with all municipal, provincial and federal laws and regulations insofar as the same relate to their respective responsibilities hereunder. Further, the Town agrees to enactor amend all by-laws or otherwise carry out any necessary procedure to effectuate the transfe13and consrruceion provided for herein and shall ensure now and iu the future that neither this agreement nor the aforementioned conveyance shall conflict or cause the subject property of the Board or the buildings thereon to conflict with any zoning by-law or any other by-law, resolution or plan. e 22) The covenants, easements and restrictions set out in this agreement shall run with the property and enure to the benefit of and be binding upon all parties hereto and the respective successors and assigns. 23) This agreement may be altered or amended in whole or in part at any time by filing with this agreement a written instrument setting forth such changes signed by the parties hereto. 24) Nothin2 in this agreement shall 'Prohibit the.Tovn from enterin~ into an agreement ~th the educational institutions, community groups or service clubs for the. use of the s~mmin~ pool o~ recraation complex at the rates establis~ed by the Town from time to time. ~ .. . ... t"' n \. " . ., " . . oJ ~ - 7 - 25) The soard will encourage participation by the schools within the Town of . NeWcastle providin9' an ecnm.l opportunity to make use, of this recr8!ltional colBPlex and)@.. a st.iJm1lus for p:ro~ams in this COlIIPlex for all students, similar in principle to the Board's endQrselll8nt of a o:roClX'aDl for the 1979-8Q..school y!ar at port Boce~ecreational compl~~ lJa'mESS the ~rpora 1:8 seals of the parties hereto duly attested to by the hanQs of their p:roper siqniD9' officers in that behalf. ~ ...J'J'vtv~oIL. ~\~,., ""t~'\"'l I. Jl~ l'--"~ ~ .. 1" -. , -: ~ , ii .~ .-; ,. > ~, 1 ~' .' ~'F .;;' " NO~ AND NeWCASTLE BOABD OF EDOCAUON -> ..' . ~- 'rBE CORPORA'nON OF THE TOWN OF NEWCAS'rLE ----- ....~,..~_~A~:.. L >~ . \ !