HomeMy WebLinkAboutCS-12-87TOWN OF NEWCASTLE
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METING: Newcastle Community Services Advisory Board
DATE. APRIL 1, 1987
REPORT #: CS -12 -87 FILE #:
SUBJECT: HALL BOARD RENTAL AGREEMENT FORM
File #
Res. #
By -Law #
RECOMMENDATIONS:
it is restfully recommended that the Newcastle Community Services Advisory Board
recommend to Council the following:
1. That Report # CS -12 -87 be received; and
2. That the Hall Board Rental Agreement Form be submitted to the General
Purpose and Administration Committee for consideration and endorsement.
BACKGROUND AND COMMENTS:
As requested by Council, Town Staff has forwarded the draft copy of the Rental
Agreement form to the Town's Insurance Company and Solicitor for comment and imput.
Please find enclosed correspondence related to this matter and a copy of a revised
form as prepared by the Town's Solicitor.
Respectfully submitted,
Joseph P. Caruana, D /Director
Community Services Department
JPC:sa
Sims Brady & McInerney
BARRISTERS C SOLICITORS
October 27, 1986
Mr. David W. Oakes, B.A., A.M.C.T.,C.M.O.,
Town Clerk,
Corporation of the Town of Newcastle,
40 Temperance Street,
Bowmanville, Ontario.
L1C 3A6
Dear Mr. Oakes:
Re: Draft Rental Agreement
Your File: 35.60.3
D. J. D. Sims, Q.c.
J. F. Brady
R. D. Scott
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OCT 3 l 1986
T0:..
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Thank you for your letter of October 16th, 1986.
I enclose a revised draft rental agreement for your
consideration and the consideration of the Community
Services Advisory Board.
I would point out that persons using municipal or
community hall facilities are licencees as opposed to
tenants which may affect the legal liability of the
Municipality and Community Hall Boards for injury or
accident in the use of the premises or to third parties as a
result of the activities permitted. ,,� Therefore, it is
imperative that there be comprehensive' insurance covering
the potential liability of the Municipality and the
Community Service Boards. I recommend that t�e adequacy of
the Town's insurance be reviewed with the To n's insurance
broker.
Should you have any
hesitate to get in touch with me.
DJDS:mrs
questions please do not
c)!si'2 3UT10N
Your r ly, C. ER+t . - - - - -.. f_�> -
David J. D. Sims'
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TOWN CREST
APPEARS HERE
FACILITY RENTAL AGREEMENT
B E T W E E N:
(print name of Hall or Centre Board)
AND
(print name of applicant)
(address postal code)
telephone
ORGANIZATION
TYPE OF FUNCTION
(wedding, assembly etc.)
Date: Hours
From To
PERMISSION GRANTED: YES NO
RENTAL FEE:
(signature)
C O N D I T I O N S
The granting of a facility permit is entirely in the
discretion of the Board and the Board reserves the right to
cancel without notice, and without re- imbursement, if it, or
its representative, is of the opinion that the racility is
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not being used for the purposes granted or in accordance
with the conditions of this agreement.
If the applicant is applying on behalf of the Board or
organization the applicant must be a member of the executive
of such club or organization.
The applicant agrees to be in attendance during the time for
which the permit has been granted and shall ensure that the
facility is used for the purposes stated, in compliance with
the conditions and with compliance with all Federal,
Provincial and Municipal laws or statutes.
Facilities shall only be used for the purposes stated, the
hours for which the permit was granted, in accordance with
the conditions and not in contravention of any Federal,
Provincial or Municipal laws of statutes.
No alcoholic beverages shall be used on the premises unless
in accordance with a permit granted by the Liquor Licencing
Board of Ontario and then only in accordance with the terms
of such permit.
No damage shall be done to the premises and the applicant
shall be responsible for all repairs thereto, save normal
wear and tear.
The Municipality and the Board shall not be responsible for
any injury to any person or damage or loss of any property
as a result of the use of the facility.
The applicant agrees to indemnify and save harmless the
Corporation of the Town of Newcastle, the Board, their
servants, agents or representatives against all claims,
demands, damages including costs arising out of the use of
the facilities.
DATED:
(name address /tele)
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CORPORATION OF THE TOWN OF NEWCASTLE
TREASURY DEPARTMENT J.R. BLANCHARD, TREASURER
40 TEMPERANCE STREET TEL. (416) 623 -3379
BOWMANVILLE, ONTARIO
LiC 3A6
October 30, 1986
Mr. Dave Reed, A.I.I.C.
Senior Account Representative
Frank Cowan Company Limited
Municipal & School Insurance
PRINCETON, Ontario
NOJ 1VO
Dear Dave:
Re: Draft Agreement - "HALL RENTALS'
Attached, please find a copy of a draft rental agreement that
the Community Hall Boards propose to implement in some form.
The intent is to relieve the boards and their members of any
potential for liability claims.
Please review the agreement with this in mind and provide us
with your comments as soon as possible-.
Thank you for your attention in this matter. I am,
Yours truly,
616A_6_4�� - I
Marie A. Marano, H.B.Sc.
Deputy Treasurer.
cc: J. R. Blanchard V
Treasurer.
MAM* jf
Attachments.
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FRANK COWAN COMPANY LIMITED
<�tl/inir•��� nm�� .J(.I%� .r'idarrrncc
TELEPHONE (519) 458 -4331
PLEASE ADDRESS REPLY TO: PRINCETON, ONTARIO
NOJ 1VO
Mr. John Clark
Ms. Marie A. Marano, H.B.Sc
Deputy- Treasurer,
Corporation of the Town
40 Temperance Street,
BOWMANVILLE, Ontario,
L1C 3A6.
Dear Marie:
of Newcastle,
- vv��IgWR
DEC T 1986
TOWN OF NEWCASTLE
FINANCE
November 26th, 1986.
Re: Draft Agreement - "Hall Rentals"
Dave Reed has asked me to respond to your letter of October 30th, 1986 with
enclosures.
The concept of a Hall Rental Agreement is certainly a good one and from the
Insurer's point of view the Hold Harmless declared in Clause 5 gives you some relief
from possible Third Party Claims although you will appreciate that such a Hold
Harmless Agreement is only as good as the financial resources behind the Agreement.
If there is no insurance in force, for example, then you are dealing with the assets
of the individual who has signed the Agreement.
I have some difficulty with the intent of Clause 3 which suggests that you are
making the Lease Holder responsible for the loss or theft of clothing or equipment
sustained by persons attending the event. I wonder if this is not going a little too
far. As far as the Town is concerned, would it not be adequate for you to corporate
in Clause 5 an additional undertaking that would preclude persons suffering such
losses against claiming compensation from the Town. Still on the same Clause I cannot
see how you can make the Lease Holder responsible for damage to vehicles in the
parking lot. Vehicular damage is entirely a matter for the owner of the vehicle who
should if he is a prudent person, insure the vehicle against loss or damage. How can
the Lease Holder inside the building be responsible for a collision between two
vehicles in the parking lot or for vandalism caused by persons unknown the vehicles in
the parking lot.
I am not convinced that Clause 3 does anything to minimize or reduce the Town's
exposure to liability and if that was the case another clause may not be appropriate.
Presumably your Solicitor will comment on this aspect.
JC:ly
Yours sincerely,
FRANK COW MPANY LIMITED"
John ark
Vice Pre dent.
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