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 _.\