Loading...
HomeMy WebLinkAboutCS-18-88_,,.x W 1� TOWN OF NEWCASTLE REPORT File # ; //. Res By -Law GENERAL PURPOSE & ADMINISTRATION COMMITTEE September 6, 1988 FILE #: AGREEMENT RE: USE OF FACILITIES KINSMEN CLUB OF BOWMANVILLE AND THE TOWN OF NEWCASTLE RECOMMENDATIONS: It is respectfully recommended that the General Purpose & Administration Committee recommend to Council the following: - 1. That Report No. CS -18 -88 be received; and 2. That the conditions contained in the agreement as outlined in Attachment #2 be approved forthwith; and 3. That Council authorize the Mayor and Clerk to execute forthwith an agreement between the Kinsmen Club of Bowmanville and the Town of Newcastle as outlined in Attachment #2; and 4. That the Kinsmen Club of Bowmanville be thanked for their contribution and further be advised of Council's decision. BACKGROUND & COMMENTS: Subsequent to Report # CS -13 -88 (Attachment #1) receiving Council approval'. staff in conjunction with representation from the Kinsmen Club of Bowmanville have negotiated an agreement for use of the Bowmanville Recreation Complex as requested by the Kinsmen Club of Bowmanville. ../2 GENERAL PURPOSE & ADMINISTRATION COMMITTEE REPORT NO. CS -18 -88 Items discussed during negotiations are highlighted as follows: 1. The Kinsmen Club of Bowmanville agrees to donate the cost of purchasing and installing one divider wall in the multi purpose facility. 2. The Kinsmen Club of Bowmanville agrees to provide two stalls of the Town's choice to the Town of Newcastle during each of the three years of this agreement for the purpose of participating in the Home Show. 3. The Town agrees to designate the southern most room as the "Kinsmen Club of Bowmanville Room" in recognition of its donation. 4. The Town agrees to provide the above area in #3 to the Kinsmen Club of Bowmanville for two Tuesdays each month at no cost for a period of ten years commencing January 1, 1989 and expiring December 31, 1998. 5. The Town agrees to provide the meeting room to the Kinmen Club of Bowmanville for two Tuesdays each month at no cost for a period of ten years commencing January 1, 1989 and expiring December 31, 1998. 6. The Town agrees to provide the use of the arena and or multi purpose facility to the Kinsmen Club of Bowmanville for its annual Home Show and bi- annual Lobsterfests at no cost for a period of three years commencing January 1, 1989 and expiring December 31, 1991. ../3 i. GENERAL PURPOSE & ADMINISTRATION COMMITTEE REPORT NO. CS -18 -88 PAGE 3. It is staff's recommendation that an agreement of this nature would be in the best interest of both the Municipality and the Kinsmen Club of Bowmanville. It should be noted that dollar for dollar, if the Kinsmen were to pay for rental services as described, a total of approx. $25,000 in revenue would be received over a period of 6 years. However, it is recognized that Tuesday evening rentals are not anticipated to be in high demand, the fac- ility will be receiving good exposure and finally by adding the divider wall on day one, we are expanding the potential use of the facility. JC:sa TOWN OF NEWCASTLE r, RLPORT MEETING: General Purpose and Administration Committee DATE June 20 1988 REPORT ORT ff: FILE 1#: SUBJECT: USE OF NEW ARENA AND MULTI - PURPOSE FACILITY RESOLUTION #C- 460 -88 RECOMMENDATIONS: -0/. E �C ) (ATTACHMENT #1) (REPORT #CS- 18 -88) File #1_ Res. #_ By -Law Y It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: I. That Confidential Report CS -13 -88 be received "In Camera"; 2. That the request of the Kinsmen Club of Bowmanville be received with gratitude and that staff be authorized to negotiate forthwith an appropriate agreement with the service club for consideration of Council. BACKGROUND AND COMMENT: At the Council meeting of June 13th 1988 a delegation representing Skate 88 Fundraising Committee was received and referred to staff for report. Through the delegation, Council was requested to allow the Kinsmen Club of Bowmanville use of certain components of the complex for a predetermined length of time. (Refer to Attachment #1). REPORT CS -13 -88 Page 2 Staff is respectful of the request and certainly the intent of the service club. However, certain aspects regarding the request must be addressed. Firstly, a very important aspect must be clarified as it relates to the fundraising activities. As a general principle, any fundraising activities that result in the loss of potential operating revenues for the Town, should be discouraged. This is based on the fact that the Town would not only be responsible for any additional works in the construction of the facility (e.g. add -ons) but also - any short -falls once the facility is operational to maintain the building. Accordingly, it is respectfully suggested that matters of this nature not be related to the fundraising exercise and that any group with a request of this nature be dealt with directly by the Town. In this regard, any arrangements (monetary or otherwise) as they relate to the facility and its operations can be considered on an individual basis and an agreement can be entered into between the specific group and the Town if deemed appropriate by Council. Subsequent to consideration of the request, it is suggested that the matter of the original donation be administered by the Fundraising Committee and further that the issue related to any additional funds for specific purposes and related to the use of the facility as described, be dealt with directly by the Town since it is felt that this issue is strictly of an operational nature and beyond the mandate of the Fundraising Committee. With this in mind, and pending Council approval, staff will initiate negotiations with the Kinsmen Club of Bowmanville, with the intent of reaching an agreement. Respectfully submitted, Jo ph P. Caruana, Director, Community Services Recommended for presentation to Committee Lawrence E` Kotseff Chief Ad m nistsrative Officer Attachment #1 to Report CS -13 -88 NOTICE OF MOTION: Whereas: The Kinsmen Club of Bowmanville has sought a meeting room of its own for some 14 years and, Whereas: We have currently an amount of money set aside, generally called the "New Building Trust Fund" in the amount of approximately $50,000.00 and, Whereas: It is unreasonable to assume that we would be able to finance a building of our own at this rate of savings; Therefore be it resolved: That the Kinsmen Club of Bowmanville give by way of a donation $50,000.00 (fifty thousand dollars) im- mediately and a further pledge of $25,000.00 (twenty -five thousand dollars) over the next three years (1989 - 1990 - 1991), to the "Skate '88" fund raising committee for the new Bowmanville Arena, provided that the Town of Newcastle agrees to provide us a suitable meeting room within the complex known currently as the New Bowmanville Arena, rent free, for a period of 10 years. Further: That this agreement will be in writing and by Town By- Law, with the Club given the right of renewal. Further: That the club will be provided rent free, the use of the arena and /or hall for our Home Show and two lobster fests, for all of the pledge years (1989 - 1990 - 1991). This would represent a savings of approximately $2,500.00 per year in rent that we are currently paying for a three year total of ap- proximately $7,500.00 while providing us with larger and more lo- cal facilities in which to hold these two functions. Further: That the pledge portion of our donation be used to pur- chase a divider wall /door which will be used to separate the large hall into two sections. Further: That the first of these rooms be designated the "Kinsmen Club of Bowmanville Room" and that it be suitably inscribed. Respectfully moved by: Jim Schell (ATTACHMENT #2) V/ �i 1( ) A G R E E M E N T THIS AGREEMENT made this "J day of September, 1988. B E T W E E N: THE CORPORATION OF THE TOWN OF NEWCASTLE, hereinafter called the "Town" OF THE FIRST PART - and - THE KINSMEN CLUB OF BOWMANVILLE hereinafter called the "Kinsmen" OF THE SECOND PART WHEREAS the Town is the owner in fee simple of the lands and premises known as the Bowmanville Recreation Complex; AND WHEREAS the Kinsmen wish to have components contained in the Bowmanville Recreation Complex made available for its use. AND WHEREAS it has been agreed that in considera- tion of the contribution of the Kinsmen Club the Bowmanville Recreation Complex will be made available to the Kinsmen. Now therefore this agreement witnesseth that in consideration of a contribution of $25,000., (the receipt whereof is hereby acknowledged) from the Kinsmen, the parties hereto mutually agree as follows: CONTRIBUTION 1. The Kinsmen agree to contribute a sum of $25,000. to the Town. 2. The Town agrees to apply the contribution towards the purchase and installation of a folding wall in the multi purpose component of the Bowmanville Recreation Complex and that wall to be the southern most. KINSMEN'S USE OF FACILITY 3. The Town agrees to provide multi purpose room "A" (as being the southern most) to the Kinsmen for two Tuesday Evenings of the Kinsmen's choice each month for a period of ten years commencing January 1, 1989 and expiring December 31, 1998 at no cost. 4. The Town agrees to provide an area known as the meeting room to the Kinsmen for two Tuesday Evenings of the Kinsmen's choice each month for a period of ten years commencing January 1, 1989 and expiring December 31, 1998 at no cost. 5. The Town agrees to provide the use of the arena and /or multi purpose components of the Bowmanville Recreation Complex to the Kinsmen for its annual 3 Day Home Show in May and bi- annual Lobsterfest Evening in May and Sept. for a period of three years commencing January 1, 1989 and expiring December 31, 1991 at no cost. 6. The Kinsmen agree to provide two stalls of the Town's choice during the 1989, 1990 and 1991 Kinsmen Home Show at no cost to the Town. DESIGNATION 7. The Town agrees to designate the southern most room in the multi purpose component of the Bowmanville Recreation Complex as the "Kinsmen Club of Bowmanville Room" in recognition of the contribution. ASSIGNMENT 8. Neither party shall assign or in any way transfer this agreement, or any of its rights, privileges, duties and obligations hereunder without the consent in writing of the other party hereto first being obtained. Such consent may be arbitrarily refused by either party in its sole and uncontrolled discretion. SUCCESSORS AND ASSIGNS 9. The agreement shall be binding upon and ensure to the benefit of, not only the parties hereto, but their respec- tive successors and permitted assigns. IN WITNESS WHEREOF the parties hereto have affixed their corporate seals as attested to by the hands of their authorized officers in that behalf this day of el e P+e_ n,\ bet r 1988. THE CORPOR*T1/VN/0F THE TOWN OF NEWCASTLE Per: (May/ rI Per : / 1 v /. (der k) .. DA r� THE KINSMEN CLUB OF BOWMANVILLE /r3C= Per: Per: