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HomeMy WebLinkAboutWD-24-92 THE CORPORATION OF THE TOWN OF NEWCASTLE REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# Date: MARCH 2, 1992 Res. # Report#: File#: _&S,2-0,25 By-Law# Subject: AGREEMENT WITH THE BOWMANvILLE SANTA CLAUS PARADE COMMITTEE Recommendations- It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-24-92 be received; 2 . THAT Council give direction regarding Clause 6, Surrender of Premises, of the proposed Licence Agreement (Attachment No. 2 to Report WD-24-92) ; 3 . THAT, subject to receiving direction from Council with regard to Surrender of Premises, the Town Solicitor takes the necessary steps to complete the transaction; 4 . THAT the By-law attached to Report WD-24-92 be approved, authorizing the Mayor and Clerk to execute the Agreement; and 5 . THAT Mr. Don Welsh be advised of Council's decision. ---------------------------------------------------------------- REPORT 1.0 ATTACHMENTS No. 1: Copy of Report TR-62-91 dated July 22, 1991 No. 2 : Copy of proposed Licence Agreement /2 REPORT NO. : WD-24-92 PAGE 2 2.0 BACKGROUND 2 . 1 The recommendations contained in Report TR-62-91 (Attachment No. 1) were approved by Council on July 29, 1991 . 3.0 REVIEW AND COMMENT 3 . 1 The Town's Solicitor has prepared a Licence Agreement for consideration by Mr. Don Welsh and the Director of Public Works . Mr. Welsh is satisfied with the terms in the Licence Agreement with the exception of Clause 6 - Surrender of Premises . The agreement provides that, upon six ( 6) months ' written notice, the Santa Claus Parade Committee will yield up to the Town the Santa Claus Parade building. Mr. Welsh has requested that this clause be amended to state that the Santa Claus Parade Committee would be required to remove the building only if the property is sold by the Town or if the Public Works Depot is expanded. 4.0 RECOMMENDATION 4 . 1 It is recommended that the Licence Agreement be approved, subject to receiving Council's direction with regard to Clause 6 - Surrender of Premises . 4 . 2 Mr. Welsh has received a copy of this report. Respectfully submitted, Recommended for presentation to the Committee, Walter A. Evans, P.Eng. , Lawrence otseff, Director of Public Works Chief Adm n trative Officer i WAE:ph February 21, 1992 Attachments pc: Mr. Don Welsh, R.R. #4, i Bowmanville, Ontario, L1C 3K5 r, THE CORPORATION OF THE TOWN OF NEWCASTLE REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# �) 105'5.C h Date: July 22, 1991 Res. # Report#: TR-62-91 File#: By-Law# Subject: 1991 GRANT — BOWMANVILLE SANTA CLAUS PARADE i I Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. Report TR-62-91 be received; 2. That the Santa Claus Parade Committee be awarded an additional grant of $1,000 to be drawn from account number 7007-X-298 Unclassified Admin. - Contingency. 3. That authority be given to negotiate an agreement with the Santa Claus Parade Committee in a form satisfactory to the Town Solicitor and the Director of Public Works. 4. That a report and applicable by-law be provided to Council to authorize the Mayor and Clerk to sign the necessary agreement upon completion of negotiations between the Town and the Santa Claus Parade Committee. 5. That Mr. Don Welsh, Chairman, Santa Claus Parade Committee be advised of Councils decision and be provided with a copy of Report TR-62-91. BACKGROUND & COMMENTS 1.1 At the Council meeting of June 24, 1991, Mr. Don Welsh appeared as a delegation. Wherein he advised that the Santa Claus Parade Committee request of $2,000 for 1991 (per attached TR-49-91) was partly due to insurance cost relating to the parade and a building located on Town property at the Bowmanville Public Works Depot. Subsequently Council passed Resolution #C-410-91: i "THAT the delegation of Don Welsh be acknowledged; THAT the grant of $1,000 originally approved through Resolution #GPA- 165-91 be forwarded to the Santa Clause Parade Committee; THAT the request for a further $1,000 grant be referred to the Treasurer for review and a report addressing ownership of the Santa Claus Parade Committee building and related insurance matters �./r /�i _ r, r, ATTACHMENT N0. 1 /rOri'�Y pPAPER RECYCLE 2 U WD-24-92 TR-62-91 Paste 2 1.1 FORTHWITH; and THAT Don Welsh be advised of Council's decision. " 1.2 The legal ownership of the Santa Claus Parade Committee building located at the Bowmanville Public Works Yard (33 Lake Road) was referred to the Town Solicitor for investigation of title. The Town solicitor indicates that there is no document deposited on the Title comprising an agreement, license, or lease to any private individual or committee of individuals for any purpose including the use of it in connection with the operation of the Santa Claus Parade. i 1.3 In 1978 Council agreed through resolution #W316-78,to establish a storage building on the site of the Bowmanville Public Works Yard (see attachment #1) and approved the necessary agreement between the Santa Claus Parade Committee and the Municipality to be drawn up (see attachment #2) . - 1.4 No record of this agreement was located after a search of the Town's records (Clerks and Public Works departments) . Moreover, the Santa Claus Parade Committee also has no record of agreement with the Municipality pertaining to the ownership and usage of the building located at the Bowmanville Public Works yard. 1.5 The Town Solicitor advises that the agreement that was discussed by previous Council but not implemented, be drawn up between the Town of Newcastle and the Santa Claus Parade Committee. This agreement would include a termination clause in the event the location was needed by the Town in the future. 2. INSURANCE 2. 1 Mr. Don Welsh stated that in previous years the cost of- insurance for the Parade (liability) and the building and contents was paid by the Chamber of Commerce. However, due to the withdrawal of funding by the Chamber of Commerce, this cost estimated at approximately $800 must now be borne by the Santa Clause Parade Committee. 2.2 The Town's insurance carrier, Frank Cowan Company Limited, were requested to comment on the related insurance matter. The Town's current policy provides $10 million with a $5,000 deductible for municipal liability insurance and replacement costs with a $10,000 deductible on property insurance. In addition repres,entatives from Frank Cowan do not recommend insuring additional groups independent of the Town. 2.3 The Santa Claus Parade Committee is not a Committee or established Board of the Town Council but a separate Committee with independent financial records . i 2.4 Staff propose that the Santa Claus Parade Committee continue to obtain independent coverage so as not to set a precedent for other independent groups, boards and committees seeking Town umbrella coverage. The additional grant recommended should adequately compensate the Committee for this additional cost. 7 021 TR-62-91 Page 3 Respectfully submitted, Recommended for presentation to the Committee Marie A. Marano H.BSc. ,A.M.C.T. Lawrence E. Kotseff, Treasurer Chief Adini istrative I i REPORT #TR-62-91 ATTACHMENT #1 Public Works Committee - 4 - Sep tember 14, 1978 Mr. Ferguson, Deputy to the Director of Public Works, joined the Meeting. Resolution # W-314-78 Entranceway Moved by Councillor Dykstra, seconded by Councillor Policy & Gray: By-Law: THAT this item be -referred to .the next Meeting of this Committee and that a copy of the document be forwarded to the Clerk's Department and the Planning Department in the interim, with the request that comments on the Entranceway Policy and By-Law are submitted to the next Meeting of this Committee on Thursday, October 12, 1978. "CARRIED" - Resolution # W-315-78 Adjournment: Moved by Councillor Dykstra, seconded by Councillor 12:00 noon Woodyard: THAT this Committee adjourn until 1:45 p.m. "CARRIED" The Committee reconvened at the appointed time Present: Chairman R.B. Taylor, Mayor G.B. Rickard, Councillor R. Dykstra, Councillor E. Woodyard, Mr. J. Dunham. Absent: Councillor A. Gray. Delegation: Mr. George Stephen and Mr. John Pogue of the Bowmanville Santa Claus, Parade Committee were present to discuss the possibility of building a storage facility on the site of the Works Yard in Bowmanville. i *** COUNCIL *** Resolution # W-316-78 Santa Claus Moved by Mayor Rickard, seconded by Councillor Parade Dykstra: Committee - Building: THAT we recommend to Council that application be made to the Central Lake Ontario Conservation Authority to establish a storage building on the site of the Bowmanville Works Yard, in a suitable location, to the satisfaction of the Director of Public Works. -1 Ur� iJ .) "CARRIED" i i REPORT #TR-62-91 ATTACHMENT #2 Public Works Committee - 5 - September 14, 1978 COUNCIL *** Resolution # W-317-78. Santa Claus Moved by Councillor Dykstra, seconded by Mayor Parade Rickard: Committee: THAT, upon approval of the application by the Central Lake Ontario Conservation Authority, the necessary Agreement between the Santa Claus Parade Committee and the Municipality be drawn up. "CARRIED" { Chairman Taylor thanked Mr. Stephen and, Mr. Pogue for their presentation to the Committee. Delegation: Mrs. E. Corby appeared before the Committee to request improvements to the access road into their property, being Lot 34, Concession 6, former Clarke. Resolution # W-318-78. Moved by Mayor Rickard, seconded by Councillor Woodyard: THAT Mrs. Corby be heard. "CARRIED" Mrs. Corby told the Committee that, during the spring of the year, the road was almost if not completely broken up and impassable and asked that steps be taken to correct the situation before the coming winter. Resolution # W-319-78. Lot 34, Moved by Mayor' Rickard, seconded by Councillor Concession 6, Dykstra: Clarke: THAT this matter be referred to the Director of Public Works in regard to improvements to the road in question, and that he report on the progress of same to the next Meeting of this j Committee. "CARRIED" Mr. L. Simpson, By-Law Enforcement Officer, was present for discussion on the proposed Snow Removal By-Law. I � L UNFINISHED BUSINESS THE CORPORATION OF THE TOWN OF NEWCASTLE i REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# SANTA Date: June 17, 1991 Res.# Fil - - TR 49 91 By-Law# Report#: File#: Subject: 1991 GRANT AWARDED - BOWMANVILLE SANTA CLAUS PARADE i I Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: _ 1. Report TR-49-91 be received for information. BACKGROUND & COMMENTS 1. At the General- Purpose and Administration Committee meeting of June 6th, 1991, Committee directed the Treasurer to review and report on the Budget information regarding the awarding of the Santa Claus Parade grant for 1991. This was in response to the delegation of Mr. Don Welsh from the Santa Claus Parade Committee. 2. The Santa Claus Parade submitted a request in the amount of $2,000 to the N.C.S.A.B. for 1991 budget consideration. N.C.S.A.B. recommended that the grant be approved as requested., During 1991 budget deliberations, through resolution #GPA-165-91, the grant was awarded as $1,000. (A copy of the resolution is attached as .attachment #1) The comments made to the N.C.S.A.B. are -documented in the attachments to budget report CS-12-91. A copy of the appropriate page from this report is attached (attachment #2) for reference. 3. The grant made to the Bowmanville Santa Claus Parade in the previous budget year - 1990 was $500. i 4. If Council wishes to consider awarding the 1991 grant as requested, there are sufficient funds available in the contingency account #7007- X-298. Respectfully submitted, Recommended for presentation to the Committee Mai-1-6 A. Marano H.BSc. ,A.M.C.T. Lawrenc . Kotseff, Treasurer Chief nistrative Officer Attachments RECYCLED� Y1L PAPER fl CC E ATTACHMENT # 1 G.P.& A. Minutes - 3 - March 8, 1991 Resolution #GPA-163-91 Moved by Councillor Wotten, seconded by Councillor Hannah THAT Report CS-12-91 be received; THAT the Grant Recommendations as presented in Schedule I of Report CS-12-91 be approved; and THAT the Newcastle Community Services Advisory Board and the applicants be informed of action taken by Council. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTIONS) Resolution #GPA-164-91 Moved by Councillor Hamre, seconded by Councillor Stapleton THAT the recommended N.C.S.A.B. 1991 grant in the amount of$500. for Community Services Order be deleted from Schedule I of Report CS-12-91. . "CARRIED" Resolution #GPA-165-91 Moved by Councillor Hooper, seconded by Councillor Stapleton THAT the recommended N.C.S.A.B. 1991 grant for the Santa Claus Parade be decreased from $2,000. to $1,000. "CARRIED, Resolution #GPA-166-91 Moved by Mayor Hubbard, seconded by Councillor Hamre THAT the recommended N.C.S.A.B. 1991 grant for the Lions Community Centre be increased from $0 to $12,000. "CARRIED" i i i I j PAGE f-. APPLICANT INTENT OF GRANT 1990 GRANT 1991 REQUEST COMMENTS Bowmanville Minor Hockey Assoc. - to support minor hockey prog. 2,500 5,000 - trying to keep registration costs (Toros) - offset operational costs such reasonable for community Paul Robinson as ice fees, equip. repairs - 1989 deficit 3,774 (operational) 623-3884/(8)571-1211 and purchases - 24,550 bank balance (Mar.12/90) Newcastle Aquatic Club - to offset pool and facility 1,250 4,455 - must fundraise 15,900 in order Louise Aasen costs - - ----to reduce deficit (budget-does 623-4768/(B)623-8161 not include grant request) - currently participating in fundraising activities Santa Claus Parade - operating expenses for 1991 500 2,000 - project a 2,000 deficit from Don Welsh Santa Claus Parade (Bow.) 1990 parade 263-2325 - without grant, project deficit 7� in 1991 - do try to get donations from local businesses and organizations but amounts are declining Newcastle Parent/Child Resource - offset development of new 375 7,000 - new program to provide support Centre program initiative, purchase (as Mom's to Mothers, Fathers 6 children Corrine Allin of equipment, fac. rental group) - intend to be Town-wide project 987-5145 - also seeking funding from other - organizations b through fund- - raising activities F__ } ;Heritage Week '91 - operation of community wide 25,000 UiMm 1989 grant supported 1989 6 Cher Letooze Heritage Celebration (1989) '1',(.25. 1990 program 623-9142 - approx. 4,000 surplus exists from above grant Bruce & Fleurette sit with this committee > � H C1 M O > tS7 H H 0 172 Q • F"I c N fA O I tv r N I • r THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 92- Being a By-law to authorize the execution of an Agreement between The Corporation of the Town of Newcastle and Don Welsh, in trust for the Community of Bowmanville Santa Claus Parade Committee. THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY ENACTS AS FOLLOWS: 1. That the Mayor and Clerk are hereby authorized to execute on behalf of The Corporation of the Town of Newcastle, and seal with the Corporation Seal, an Agreement between Don Welsh, in trust for the Community of Bowmanville Santa Claus Parade Committee, and said Corporation, attached to hereto as Schedule "A" and forming part .of this by-law. By-law read a first and second time this 9th day of March, 1992 . By-law read a third time and finally passed this 9th day March, 1992. MAYOR CLERK LICENCE This Licence made as of the BETWEEN: THE CORPORATION OF THE TOWN OF NEWCASTLE (hereinafter called the"Licensor") and- DON WELSH,In trust for the Community of Bowmanville Santa Claus Parade Committee (hereinafter called the"Licensee") WITNESSETH THAT the Licensor licences to the Licensee and the Licensee licences and takes from the Licensor,subject to the terms and conditions set forth herein,the lands(hereinafter called the."Premises")upon which the building identified in Schedule "A" hereto as the "Bowmanville Santa Claus Parade Building" (hereinafter called the "Building") is situate, to be used and occupied by the Licensee for the purpose only of storage of equipment relating to the Bowmanville Santa Claus Parade for a term commencing on the 1st day of January, 1992,and subject to termination as hereinafter provided. This Licence is made upon the following terms and conditions,which the Licensor and the Licensee covenant and agree to keep and perform: 1. Licence Fee The Licensee shall pay licence fee of Two($2.00)Dollars in advance on the first day of the term of this licence. 2. Access During the term of this licence, the Licensee shall have reasonable access to the Building across the lands identified on Schedule "A" as the "Bowmanville Public Works Yard" (hereinafter called the "Yard"). The Licensee acknowledges that the Yard is fenced and locked when not in use by the Public Works Department of the Licensor and that access may be so restricted. 3. Licensor's Title and Allowable Use The Licensor covenants as a condition of this licence that it has good marketable fee title to the Premises and the right to make this licence for the term aforesaid; that the provisions of this licence do not conflict with or violate the provisions of e)dsting agreements between the Licensor and third parties; that the Premises and the uses thereof for the purposes specified in this licence are in conformity with all applicable legal requirements including,without limitation,zoning and planning ordinances,and will not violate applicable restrictions,if any. The parties acknowledge and agree that the Building is the property of the Licensee. 4. Maintenance and Repairs The Licensor shall have no responsibility or obligation of any nature whatsoever with respect to the repair or maintenance of the Premises or the Building. The Licensee shall maintain the Premises and the Building during the term of this licence to the same standards as are maintained in public works yards in the Town of Newcastle. 5. Services The Licensor shall not be required to furnish any services or utilities to the Premises or Building during the term of this licence. The Licensee assumes full and sole responsibility for the supply of and payment for such services and utilities, if any are required by the Licensee. 6. Surrender of Premises Upon six months' written notice, the Licensee will peaceably yield up to the 1 Licensee shall ensure that the Building is removed and that the Premises are in tb to be maintained pursuant to Article 4. The Licensor shall endeavour to pi practicable. ( �Y 7. Insocetion The Licensor shall have the right at all reasonable times during business hours t Building. till---»'� Wll—G4—yL I -2- 8. Insurance The Licensee shall maintain or cause to be maintained liability insurance naming the Licensor and the Licensee and any occupant as insured,in the amount of at least Two Million($2,000,000,00)Dollars. The Licensee shall deliver to the Treasurer of the Licensor a policy of insurance certified and signed by the insurer forthwith after requested to do so. The Licensee shall maintain property loss or contents insurance for his own benefit and at his own cost. 9. not used 10. Compliance With Law (a) During the term the Licensee shall, at its sole cost and expense, promptly comply with all laws, ordinances, orders, rules, regulations and requirements of all federal, provincial and municipal governments and governmental agencies, which are applicable to the Premises, to the improvements which may be situate thereon, or to the use,manner of use or occupancy thereof. (b) After prior notice to the Licensor, the Licensee shall have the right to contest by appropriate legal proceedings at the Licensee's sole cost and expense and with counsel of the Licensee's choosing, the validity of any law,ordinance,order,rule,regulation or requirement with which,by the provisions of this licence,it is obligated to comply. If by the terms of any such law,ordinance, order,rule,regulation or requirement,compliance therewith may be legally held in abeyance without incurring any lien or charge of record against the Premises,and without subjecting the Licensor to any fines,penalties or any other liability for failure to comply therewith, the Licensee may postpone compliance until the final determination of any such proceedings, provided that all proceedings shall be prosecuted with due diligence. 11. Default If the Licensee shall default in the performance of any of its obligations under this licence and if such default shall continue for five days after notice thereof from the Licensor specifying in what manner the Licensee has defaulted(except that if such default cannot be cured within said five-day period,this period shall be extended for a reasonable additional time, provided that the Licensee commences to cure such default within the five- day period and proceeds diligently thereafter to effect such cure),the Licensor may cure such default and any costs and expenses incurred by the Licensor therefor shall be deemed additional rent, or the Licensor may lawfully enter the Premises and repossess the same as of the former estate of the Licensor, 12. Notices Any notice,request, communication or demand under this Licence shall be in writing and shall be considered properly delivered when given or served personally or by registered mail to the Licensor at 40 Temperance Street, Bowmanville,Ontario,Attention: Mr.Lawrence Kotseff and the Licensee- Attention:Chief Executive Officer and the Chairman of the Bowmanville Santa Claus Parade Committee, at his last known address. The Licensee shall notify the Licensor of any change in the Chairman or address for service. Such notice, request or demand shall be deemed to have been delivered on the date it is delivered if given or served personally or on the third day following mailing, if it is mailed. If at any time notice is delivered by mail and there is any cessation(whether anticipated or existing) of mail service affecting the delivery of such notice,the notice shall not be deemed to have been delivered until five (S) business days after the date that normal mail service is restored. 13. Assiv_nment and Sublicen� The Licensee may not assign this licence or sublicence all'or any part of the Premises at any time during the term hereof without the consent of the Licensor which consent may be unreasonably withheld. 14. Indemnity of LicenWr The Licensee shall defend the Licensor and hold the Licensor harmless from and against all claims, actions, losses,damages and expenses(including reasonable legal fees) incurred by the Licensor in connection with the loss of life,personal injury or damage to property caused during the term of this licence, in whole or material part,by the act or omission of the Licensee, its agents,employees, licensees,invitees or contractors, arising(i) from any occurrence in or on the Premises or the Building, or (ii) from the use by the Licensee of any part of the Premises or the Building,or(iii)from any work undertaken by the Licensee on the Premises or the Building; provided that the provisions of this Article and the indemnity hereunder shall not be applicable when such claims, actions,losses,damages or expenses are caused wholly or in material part by the act or omission of the Licensor, its agents,employees,contractors,licensees or invitees. The Licensee shall have the right to defend,at its own expense and by counsel of its own choosing,and shall defend,against any claim to which the aforesaid indemnity agreement would apply,and the Licensor's right to defend or settle any such claim shall be limited to those cases where the Licensee has failed or refused to defend. The extent of the indemnity provided for herein shall be limited to the proceeds of insurance required to be maintained pursuant to Paragraph 8. U3 U -3- 15. Counterparts This licence may be executed in several counterparts,each of which shall be deemed to be an original, and all counterparts shall constitute one and the same instrument. This licence shall not be binding and in effect until at least one counterpart, duly executed by the Licensor and the Licensee, has been delivered to each party hereto. 16. Reeistration of Licence The Licensee shall not register this licence or notice of this licence against the title to the Premises or the Yard. 17. 09mming Law This licence shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the parties submit to the jurisdiction of the courts of the Province of Ontario in order to enforce this licence. 18. Inv lidi If any term, covenant or condition of this licence to any extent is held invalid or unenforceable, the remainder of this licence shall not be affected thereby and each term, covenant and condition of this licence shall be separately valid and enforceable to the fullest extent permitted by law. 19. Miscellaneous (a) No remedy or election given by any provision in this licence shall be deemed exclusive unless so indicated,but each shall,whenever possible,be cumulative in addition to all other remedies in law or equity which either party may have arising out of the default of the other party and failure to cure such default within the applicable grace period. (b) Failure of either party to cure a default of the other under this licence shall not render such non- defaulting party in any was liable therefor, or relieve the defaulting party from any of its obligations hereunder. 20. Binding_Agreement This licence shall bind and inure to the benefit of the parties hereto and their respective executors,distributees, heirs, representatives,successors and assigns, 21. Entire A _egmcnt This licence contains the entire agreement of the parties and shall not be modified except by an instrument in writing which is signed by both parties. IN WITNESS WHEREOF,this licence has been duly executed by the parties hereto as of the day and year first above written. THE CORPORATION OF THE TOWN OF NEWCASTLE By: Mayor And: Clerk I Don Welsh,in trust for the Community of Bowmanville Santa Claus Parade Committee CIRT.J-r 2 "All t w LAKE ROAD H ----LL �c FNCEX X w m >< J IBOWMANVILLE SANTA CLAUSE PARADE BUILDING O ~ x BOWMANVILLE PUBLIC WORKS DEPARTMENT DEPOT X N A BOWMANVILLE PURL/C WORKS p YARD N "it-AV M 401 SUBJ C n LOCH ON DRAWN: J.M. DATE AUG. 1991 .F t 1"� KEY MAP i 10 3