Loading...
HomeMy WebLinkAboutCS-16-87TOWN OF NEWCASTLE ,11 . (b) REPORT File # 3s-.6t,3, Res. #= By -Law # hEETING: General Purpose and Administration Committee DATE: APRIL 21, 1987 REPORT #: CS -16 -87 FILE #: SUB.ECT: HALL BOARD RENTAL AGREEMENT FORM RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. That Report CS -16 -86 be received; and 2. That the Hall Board Rental Agreement be endorsed; and 3. That the use of the Rental Agreement be mandatory by all Hall Boards. BACKGROUND AND COMMENTS: A sub - committee of the N.C.S.A.B. was formed to develop a rental agreement (Schedule #1) with the intent of eliminating any possible liability issues which could confront individual members of our various hall boards when renting their facilities. A previous report (NCSAB -04 -86 Schedule #2) was submitted to Committee for their consideration and was referred back to staff for input from the Town's Solicitor and Insurance Company. This process is now complete and the rental agreement as outlined in Schedule #1 of this report is as prepared by the Town's Solicitor. ../2 General Purpose and Administration Committee REPORT # CS -16 -87 Page 2. The Agreement, has been reviewed at the April meeting of the N.C.S.A.B. and was recommended to be forwarded to Council for endorsement and implementation. A further recommendation was made suggesting that Council consider making use of the Rental Agreement mandatory by all hall boards. Respectfully submitted, Recommended for presentation to th- Committee Jos P. aruana, Deputy Director L- wrence Kotse f Department of Community Services Chief A �rinistrative Officer ,46hn R. BI-anchard, Treasurer JC:JB:sa Attachments Sims Brady & McInerney BARRISTERS R 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 .�� SCHEDULE #1 D. J. D. S1111s, Q.C. J. F. 13t'�t(iy. R. D. Scott p. t 'A OCT 3 i 1986 rt 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. A 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 Town's insurance broker. Should you have any questions please do not hesitate to get in touch with me. ,� " -_•__ L- )si- R:3UT(ON Your r ly, i' (._......,>o-------------- David J. D. Sims` DJDS:mrs N cs1'1B 5�0:3i 117 Kin- Street, Box 358, Whitby, Ontario, Lly x Telephone.668- �70�•••- SCHEDULE #1 •�' FACILITY RENTAL AGREEMENT B E T W E E N (print name o a or e1, i! oar AND print name o app scant a J J ress posta co e to ephone ORGANIZATION TYPE OF FUNCTION T—wedding, mi ij etc. Date: From Hours To PERMISSION GRANTED: YES NO RENTAL FEE: C O N D I T I O N S The granting of 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 facility is not being used for the purposes granted or in accordance with the conditions of this agreement. If the applicant is applying on behalf of a 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: (Hall oar R r,. TOWN OF NEWCASTLE REPORT ME LING: COUNCIL MEETING DATE: JUNE 23, 1986 RFpORT #: NCSAB-04-86 FILE #: SUBJECT: FACILITY RENTAL FORMS (COMMUNITY SERVICES ADVISORY BOARD ACTION ITEMS FROM THE JUNE 4, 1986 MEETING) iff (h) SCHEDULE ff2— F i l e It_ Res. N By -Law 9 RECOMMENDATIONS: it is respectfully recommended that Council approve the following: - 1. That Report NCSAB -04 -86 be received; and ( 2. That this "Facility Rental" form be approved; and 3. That said form be forwarded to the Town solicitor for proper wording of each clause and possible refining; and 4. That all Hall and Community Centre Boards be so notified. BACKGROUND & COMMENTS: The NCSAB recently held a workshop for all Hall and Community Centre Boards in the Town of Newcastle with a representative from the LLCBO. Great concern was expressed by most Hall Board representatives as to their responsibility when renting their facility. In view of the awards now being given by the Courts, we feel that for the Town's own protection and the protection of its appointed board members that this form would be a great help to them. Most Hall and Community Centre Boards are in favour and were most supportive of this venture. Respectfully submitted, Milt Dakin, Chairman Newcastle Community Services Advisory Board MD:sa NEWCASTLE COMMUNITY SERVICES ADVISORY BOARD May/23/86 FACILITY RENTAL FORM SUBCOMMITTEE REPORT Lb) SCHEDULE #2 a) To develop a uniform rental agreement document. b) To ensure adequate legal protection is provided as a safeguard against damage action suits or other litigation that potentially could arise as the outcome of the rental of public owned facilities to individuals or organizations. c) To ensure as far as possible that all principals are recognized in these transactions and are included under the umbrella of this proposed document. d) The principals being the Corporation of the Town of Newcastle, the various Hall and Centre Boards and their appointed representatives. RECOMMENDATIONS 1. THAT the NCSAB receive this report for information. 2. THAT the NCSAB approve this report in principle. 3. THAT the NCSAB forward the Subcommittee's rough draft of the Rental Form to Council for consideration. 4. THAT a letter accompany the rough draft recommending that Council consider forwarding said document to a lawyer for further refining and general tightening up of linguistics and further that the letter contain any information required to aid Council in understanding the reasoning involved in the development of the rental form document. BACKGROUND AND COMMENT 1. It is the consensus of the Subcommittee that an urgent need exists for a uniform rental agreement. 2. It is the opinion of the Subcommittee that such a rental agreement should concern itself solely with the legal aspects of renting. 3. Further that the housekeeping and general problems involved in the rental process should be left entirely in the hands of the various boards. 4. It is the general opinion of the Subcommittee that the Hall and Centre Boards are in agreement with this development and would welcome such a rental agreement form. SCHEDULE #2 GENERAL WORKING INFORMATION 1. Eleven Hall and Centre Boards are listed. - 7 contributed rental forms - 4 do not have rental forms 2. Of the 7 forms contributed, they listed 108 individual clauses. 3. A high number of clauses dealt with the same subjects but were worded differently. 4. All of these clauses were couched in layman terms, and while these clauses are well thought out it is the feeling of the Subcommittee that they would not stand up well in court. S. A breakdown of the 108 clauses is as follows: Capacity of facility 2 Minors 3 Closure 6 Supervision 8 Deposit 7 Failure to comply 3 Vacating premises 7 Contravention of laws 4 LCBO 20 Caretaking 30 Total 90 The remaining 18 dealt in generalities and could not be categorized. 6. Concerning the clauses dealing with the LCBO (total 20), these clauses are well documented in the 'Special Occasion Permit', therefore duplication is not required. 7. One clause dealing solely with the responsibility of the acquisition of the special condition permit is all that is required. Respectfully submitted, Bert Reid - Member Bernhard Heming - Member Noel Rivers - Chairman NR /jm SCHEDULE #2 Suggested Rough Draft May 23/86 NR /jm TOWN CREST APPEARS HERE FACILITY RENTAL AGREEMENT BETWEEN (print name of Hall or Centre Board) AND print name of applicant (address postal code) (telephone ORGANIZATION TYPE OF FUNCTION wedding, assembly etc. PERMISSION GRANTED: YES NO (signature) C O N D I T I O N S The issuing of a facility permit is entirely at the discretion of the Hall or Centre Board named in the permit or its' appointed representative, hereinafter known as the 'board' and the 'representative'. The representative, on behalf of the Board, reserves the right to cancel without notice, if in his /her opinion there is a breach of conditions or regulations, or is of the opinion that the facility is not to be or is not being used for the purposes stated and contained in this application. SCHEDULE 0 CLAUSE 1 To establish the status of the applicant and any change of principles after rental agreement is signed. Suggested example: The applicant must be a member of authority in the organization seeking accommodation. The applicant will hereinafter be called the 'leaseholder'. The leaseholder must be in attendance at all times during his /her designated tenure. Should circumstance dictate a change of leaseholder, the new leaseholder must be a member of authority and is required to notify the representative and further is to affix his /her signature to the rental agreement document. CLAUSE 2 To cover responsibility of leaseholder related to injuries, traffic accidents and serving of alcoholic beverages. Suggested example: The leaseholder by affixing his /her signature assumes full responsibility for the following - Claims launched by individuals or groups involving personal injury occurring on facility property during the tenure of the event and further, any mishap or misadventure occurring to persons in transit during or after said event arising out of the use and serving of alcoholic beverages. CLAUSE 3 To cover loss, theft, and any damage to personal property of persons in attendance at the designated event. Suggested example: The leaseholder during his /her tenure assumes full responsibility for the following - The loss or theft of clothing or equipment sustained Uy persons attending the designated event, or damage to personal property inclusive of damage to vehicles using the facilities' parking area. SCHEDULE #2 CLAUSE 4 To give the Board or its' representative the right to close. Suggested example: The Board, through its' designate, retains the right to close should in his /her opinion that during the tenure of the leaseholder, municipal,'provincial or federal laws or statutes are being contravened or if in his /her opinion the property is being abused or damaged. CLAUSE 5 - CLOSING DECLARATION I the undersigned, acting on behalf of myself and the ' organization I represent, hereby agree to indemnify and save harmless, the Corporation of the Town of Newcastle, the Board and the representative named herein against all claims, demands, losses, costs, damage action suits or proceedings arising out of the use of the facilities being rented under my name, as so stated and contained in this permit. name address tele) nr SCHEDULE #2 d d CORPORATION OF THE TOWN OF NEWCASTLE TREASURY DEPARTMENT J.R. BLANCHARD, TREASURER 40 TEMPERANCE STREET TEL. (416) 623 -3379 BOWMANVILLE, ONTARIO L1C 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 i Dear Dave: 'r Re: Draft Agreement - "HALL RENTALS' f F 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 3 potential for liability claims. 3 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, Marie A. Marano, H.B.Sc. Deputy Treasurer. cc: J. R. Blanchard V Treasurer. MAMA jf Attachments. 0 SCHEDULE2 FRANK COWAN COMPANY LIMITED . fJ,imir nlOWW ltC fwl .�'idnr��t�c Pt EASE ADDRESS REPLY TO: Mr. John Clark Ms. Marie A. Marano, H.B.Sc., Deputy - Treasurer, Corporation of the Town 40 Temperance Street, BOWMANVILLE, Ontario, LIC 3A6. Dear Marie: TELEPHONE (519) 4513 -4331 of Newcastle, 11_P�919111`11RD DEC 1 1986 TOWN OF NEWCASTLE FINANCE PRINCETON, ONTARIO NOJ iVO 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:IV Yours sincerely, FRANK COW MPANY LIMITED John ark Vice Pre dent. ,.ti _.\