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Home My WebLink About2001-215 rr r THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2001-215 Being a By-law to establish a Community Recreation Centre at the Clarington Beech Centre and to appoint a Committee of Management for the Community Recreation Centre WHEREAS the Community Recreation Centres Act, R.S.O. 1990, c.22, provides in Section 2(1) that the Council of any municipality may, by By-law, provide for the establishment of one or more Community Recreation Centres in accordance with the said Act and may acquire by purchase, lease or otherwise, property for that purpose; AND WHEREAS The Corporation of the Municipality of Clarington is desirous of establishing the Clarington Beech Centre in the Municipality of Clarington as a Community Recreation Centre, THEREFORE the Council of The Corporation of the Municipality of Clarington enacts as follows: 1. THAT the Clarington Beech Centre comprising the lands and premises more particularly described in Schedule "A" hereto is established as a Community Recreation Centre pursuant to the provisions of the Community Recreation Act, R.S.O. 1990, c.22, s.2(1) which, subject to the provisions of existing leases, and sub-leases and licenses, shall be operated as an Older Adult Centre for the Municipality of Clarington. 2. THAT the aforesaid Community Recreation Centre be under the management and control of a committee of management appointed by the Council of The Municipality of Clarington to be called the "Clarington Beech Centre Board"to be comprised of seven (7)persons, all of whom shall be appointed by Council for the term of the appointing Council and two (2) of whom shall be members of Council. 3. Donald Welsh, Viola Ashton, Maurice Richards, Janice Williams, Jack Ellbeck, Councillor Jim Schell and Councillor Don MacArthur are hereby appointed members of the Clarington Beech Centre Board pursuant to section 2 of this By-law. 4. THAT the Clarington Beech Centre Board may make such rules as it considers necessary relating to the management and control of the Community Recreation Centre and may issue temporary occupancy permits for the use of portions thereof without release or for such charge as it may determine, provided that occupancy permits issued to the Clarington Older Adult Association shall be issued without charge. 5. (a) (i) The Clarington Beech Centre Board shall establish December 31St and thereafter it shall maintain December 31 St as its financial year end. (ii) The Clarington Beech Centre Board shall establish and maintain in accordance with good accounting principles satisfactory to the Municipality's auditor proper bank accounts and records for all funds received by the Clarington Beech Centre Board, and all bookkeeping and accounting systems and records and supporting vouchers and documentation. (iii) The Clarington Beech Centre Board shall record all of its revenues and receipts and all of its disbursements for each financial year of the Clarington Beech Centre Board. . f 2 (iv) Not later than March 31St in each year,the Clarington Beech Centre Board shall file with the Municipality's Director of Finance/Treasurer financial statements which shall have been prepared in accordance with proper accounting principles by a qualified auditor, provided that they shall not be consolidated with the Municipality's financial statements. (v) Not later than March 31 st in each year, the Clarington Beech Centre Board shall file with the Municipality's Director of Finance/Treasurer its capital and operating budgets for the current financial year for review but not approval by the Municipality. (b) (i) The Municipality's auditor may enter on the Clarington Beech Centre at any time to examine the financial books, records and supporting vouchers and documentation of the Clarington Beech Centre Board to make copies of any of them and the Clarington Beech Centre Board, its officers and employees shall cooperate with the Municipality's auditor by providing all information requested by him relating to the financial management. (ii) Forthwith after the Municipality's auditor gives the Clarington Beech Centre Board a written direction to change its bookkeeping and accounting systems or its requirements for supporting vouchers or documentation, the Clarington Beech Centre Board shall effect and maintain the changes so directed by the Municipality's auditor. 6. THAT the Mayor and Municipal Clerk be and they are hereby authorized on behalf of the Municipality to execute all documents necessary to give effect to the foregoing. By-law read a first and second time this 10th of December, 2001. BY-law read a third time and finally passed this l Oth day of December, 2001. hn Mutton, Mayor p, J ��'atti arrie, unicipal Clerk r SCHEDULE "A" Descriptions Legal Description of Beech Centre Lands Part of Lot 23, Plan H-50079, being Part of Lot 11, Concession 1, and Part of Lots 226, 227 and 227, block"H", Bowman Estate Plan, being Part of Lot 12, Concession 1, in the Municipality of Clarington (formerly in the Town of Bowmanville), in the Regional Municipality of Durham, now designated as Part 1 on Reference Plan 40R-14445, SAVE AND EXCEPT Parts 1 and 2 on Reference Plan 40R-17952, As previously described in Instrument Numbers 48612, 12220 and N26121. Description of Beech Centre Premises as set out in paragraph 1.1 of the Lease dated October 1, 1998 from the Municipality of Clarington to the Clarington Older Adult Association Clarington Beech Centre Premises include (1) the interior areas of the building situated on above lands which interior areas are outlined in red on the floor plans contained in Schedule "B" hereto. The Clarington Beech Centre Premises do not include the structure of the Clarington Beech Centre, the exterior walls, bearing walls, fenestration and doors of the Clarington Beech Centre from their interior face, mechanical systems, the "HVAC System" (as hereafter defined), the electrical system, and the plumbing system within or serving the Clarington Beech Centre. MIKE loom A JIL AS. ,i 4 XJ wu SCHEDULE "B" Interior Areas Comprising Clarington Beech Centre Premises eJ ,L------- ----------- M !, -------------a S-._._._.-._. 9 ...-- bb - - - -e -.- -a 1 Z21 :rii-i Al us v - - - -e THIS SURRENDER made as of the 201h Day of December, 2001 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (the "Landlord") OF THE FIRST PART -and- CLARINGTON OLDER ADULT ASSOCIATION, a non-profit company incorporated under the laws of the Province of Ontario (the "Tenant") OF THE SECOND PART WHEREAS: A. By lease dated October 1, 1998 ("Lease") the Landlord leased to the Tenant the lands and premises more particularly described in Schedule "A"hereto ("Premises"); and B. The Tenant has agreed to surrender its leasehold interest in the Premises to the Landlord, NOW THEREFORE THIS SURRENDER WITNESSES 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) covenant and agree as follows: 1. The Tenant hereby assigns and surrenders to the Landlord the lands and Premises demised by the Lease and the unexpired residue of the term of years created by the Lease. 2. The Landlord hereby accepts the aforesaid assignment and surrender. IN WITNESS WHEREOF the Landlord and the Tenant have duly executed and unconditionally delivered this Surrender as of the date first above written. THE CORPORATION OF THE MUNICIPAL TY OF CL NGTON i` By: May r J tton By: P tti 51L:_. ]� Pe, Mu ' ipal Clerk CLARINGTON OLDER ADULT ASSOCIATION Name: Title:w -�- By: e: Title: • 2 SCHEDULE "A" DESCRIPTION OF PREMISES Part of Lot 23, Plan H-50079, being Part of Lot 11, Concession 1, and Part of Lots 226, 227 and 228, Block "H", Bowman Estate Plan, being Part of Lot 12, Concession 1, in the Municipality of Clarington(formerly in the Town of Bowmanville), in the Regional Municipality of Durham, now designated as Part 1 on Reference Plan 40R-14445. SAVE AND EXCEPT Parts 1 and 2 on Reference Plan 40R-17952 as previously described in Instrument Numbers 48612, 12220 and N26121. THIS ASSIGNMENT OF LEASE made as of the 201h Day of December, 2001 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (the "Municipality") OF THE FIRST PART -and- CLARINGTON OLDER ADULT ASSOCIATION, a non-profit company incorporated under the laws of the Province of Ontario (the "Association") OF THE SECOND PART WHEREAS: A. By lease dated January 1, 1988 made between The Lions Club of Bowmanville ("Lions Club") and The Bowmanville Tennis Club, the Lions Club leased the lands more particularly described in Schedule "A" hereto ("Premises") for a term of years subject to certain terms and conditions ("Tennis Courts Lease"); B. The Municipality of Clarington acquired the reversion in fee simple in the Premises and succeeded to the interest of the Lions Club in the Tennis Courts Lease by transfer registered in the Land Registry Office for the Land Titles Division of Durham (No. 40) as Instrument No. D508035; C. By Lease dated October 1, 1998, among other things, the Municipality assigned its interest in the Tennis Courts Lease to the Association; and D. The Association has agreed to assign its interest in the Tennis Courts Lease to the Municipality, NOW THEREFORE THIS SURRENDER WITNESSES 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) covenant and agree as follows: 1. The Association hereby assigns its rights under the Tennis Courts Lease and any extension or renewal thereof to the Municipality. 2. The Municipality covenants to perform all of the duties of the lessor under the Tennis Courts Lease and to indemnify and save harmless the Association against any loss or cost that it may incur or suffer if the Municipality does not perform such duties. 2 IN WITNESS WHEREOF the Landlord and the Tenant have duly executed and unconditionally delivered this Assignment of Lease as of the date first above written. THE CORPORATION OF THE MUNICIPA ITS' OF CL 1�t1NGTON By:_ �U .—�. Mayor J Mu ton By: ti L. rrie, icipal Clerk CLARINGTON OLDER ADULT ASSOCIATION By: 1 22� d Name Title: �� -� By: N Tit e: 3 SCHEDULE "A" DESCRIPTION OF PREMISES ALL THOSE CERTAIN lands known and described as the Bowmanville Tennis Club Tennis Courts and the immediately surrounding fence as located on this date on the property owned by the Lions Club of Bowmanville at 26 Beech Avenue, Bowmanville, Ontario.