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HomeMy WebLinkAbout96-17 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 96-17 being a by-law to authorize the entering into of a Memorandum of Understanding with the Steering Committee for "Build Courtice" THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Municipality of Clarington and seal with the Corporations's seal, a Memorandum of Understanding between the Steering Committee for "Build Courtice" and the said Corporation, attached hereto as Schedule A and forming part of this by-law. By-law"read a first and second time this 15th day of January 1996. By-law read a third time and finally passed this 15th day of January 1996. -Mayor (Acting) Cle MEMORANDUM OF UNDERSTANDING Made as of the 15th day of January, 1996. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called the "Clarington") OF THE FIRST PART - and - THE STEERING COMMITTEE FOR "BUILD COURTICE" (hereinafter called the "Steering Committee") OF THE SECOND PART WHEREAS: A. The Steering Committee for "Build Courtice" (the "Steering Committee") has established itself to conduct a campaign to raise money from members of the public for the purpose of constructing the Courtice Community Complex on lands located at the northwest corner of Courtice Road and Highway No. 2 (the "Project"); B. The Steering Committee comprises the following persons: Brad Greentree Ian Smith Hannu Halminen I C. The Courtice Community Complex is intended to accommodate certain community, recreational, sporting and library facilities; D. On June 9, 1995 the Steering Committee entered into a contract with G.E. Boys and Associates (the "Consultant") under which the Consultant agreed to provide certain services relating to the fundraising campaign to be undertaken by the Steering Committee for the Project. - 2 - E. By Clarington Council's Resolution #C-466-94, Council adopted the recommendations contained in Clause 24 of Report No. 1 of the General Purpose and Administration Committee considered at the Committee's meeting of July 4, 1994, and among other things, authorized an interest-free loan in the amount of $50,000 to the Courtice Community Complex Fundraising Committee in response to the Committee's request for start-up funds to assist with the initiative of the Fundraising Campaign. The amount of the loan advanced by Clarington is to be repaid from the funds that are raised through the Fundraising Campaign. F. The Steering Committee has established itself as a committee independent of Council for the purpose of carrying out its responsibilities under the Memorandum of Agreement respecting the Project and coordinating and managing the Fundraising Campaign. G. The Courtice Committee Complex Fundraising Committee is responsible to the Steering Committee. H. The Parties recognize that a successful fundraising campaign requires the co-operation of Clarington and the Steering Committee. I. At its meeting of January 15, 1996 Clarington Council authorized the execution of the Memorandum of Understanding. NOW THEREFORE in consideration of the premises herein contained and the sum of TWO DOLLARS ($2.00) and other good and valuable consideration (the receipt whereof by each of the Parties is hereby acknowledged) Clarington and the Steering Committee covenant and agree as follows: 1 . The Steering Committee shall be responsible for collecting all of the funds contributed by members of the public for the Project and shall follow up on any pledges made by any person to ensure that pledges are performed in a timely manner. The Steering Committee shall pay from funds raised in the Fundraising Campaign all proper expenses relating to the Fundraising Campaign for the Project. All funds collected by the Steering Committee shall be deposited by the Steering Committee in an interest bearing trust account in the name of the Steering Committee with a bank listed in Schedule 1 of the Bank Act approved by Clarington's Treasurer. Funds shall be disbursed in accordance with the Memorandum of Understanding by cheques issued by the Steering Committee endorsed by two authorized signatories. - 3 - 2. The Steering Committee shall report quarterly to Clarington's Treasurer on the financial status of the campaign and provide such information and make available such records as the Treasurer may require. The Steering Committee shall remit funds collected, after deducting the expenses referred to in paragraph 1, to Clarington's Treasurer either quarterly or on more frequent occasions when requested to do so by Clarington's Treasurer. Clarington's auditor shall have access to all financial records of the Steering Committee after giving not less than 24 hours notice to the Steering Committee that the auditor requires such access. 3. The net target of funds to be raised by the Steering Committee after payment of the expenses referred to in paragraph 1 is $500,000.00 dollars. 4. The Parties recognize that the funds raised by the Steering Committee pursuant to this Memorandum of Understanding when remitted to the Municipality shall be used to repay the amount of the interest-free loan referred to in Recital E to the Municipality, and to offset portions of the overall operating or capital costs of the Project as determined by Clarington in its discretion. 5. Clarington shall be responsible for obtaining all necessary Ontario Municipal Board approvals for the Project and for applying for any other available grants from other levels of governments. 6. All fundraising publicity releases will be made by the Steering Committee in consultation with Clarington's Chief Administrative Officer. 7. Council may, with cause, terminate this Memorandum of Understanding on sixty days notice to the Steering Committee. Forthwith after termination of this Memorandum of Understanding the Steering Committee shall remit all funds and transfer all assets and records in the Steering Committee's possession to Clarington together with an assignment of all pledges, bank accounts and assets of the Steering Committee. On termination of this Memorandum of Understanding, Clarington will assume all obligations of the Steering Committee which have been properly incurred pursuant to this Memorandum of Understanding. 8. This Memorandum of Understanding will remain in effect until all of the pledges are collected and accounted for by the Steering Committee to Clarington and all funds exclusive of the expenses referred to in paragraph 1 have been remitted. � r - 4 - IN WITNESS WHEREOF the Parties hereto have executed this Memorandum of Understanding. THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Per: May Per: Cl THE STEERING CO MITT Q '` IILD, COURTICE" r Per: "ffr'ad G n re Per: larv'Smith Per: Hannu Halminen