ATTACHMENT “B”

 

 

THIS MEMORANDUM OF ACKNOWLEDGMENT made this    day of                 , 2006.

 

 

B E T W E E N:

 

BOX GROVE COMMUNITY CENTRE BOARD

 

- and -

 

CEDAR GROVE COMMUNITY CENTRE BOARD

 

- and -

 

GERMAN MILLS COMMUNITY CENTRE BOARD

 

- and -

 

HEINTZMAN HOUSE COMMUNITY CENTRE BOARD

 

- and -

 

VICTORIA SQUARE COMMUNITY CENTRE BOARD

 

-and -

 

MARKHAM TRAIN STATION BOARD

 

(collectively hereinafter referred to as the “Boards”)

 

- and -

 

THE CORPORATION OF THE TOWN OF MARKHAM

 

(hereinafter referred to as the “Town”)

 

 

WHEREAS the Town owns community recreation centres as defined in the Community Recreation Centres Act, R.S.O. 1990, c. C.22, as amended (the “Act”), comprising the Box Grove Community Centre, the Cedar Grove Community Centre, the German Mills Community Centre, the Heintzman House Community Centre, the Markham Train Station and the Victoria Square Community Centre (each of which is individually referred to herein as a “Facility” and all of which are collectively referred to as the “Facilities”);

 

AND WHEREAS each of the Boards is established as a committee of management pursuant to the provisions of the Act;

 

AND WHEREAS it is the intent of the Town and the Boards to foster a mutually beneficial working relationship and to clearly address their respective operational and maintenance responsibilities with respect to the Facilities;

AND WHEREAS it is the mutual desire of the parties to preserve the Facilities for future community use and to ensure that they are made available to all residents of the Town at a fair and reasonable rate.

 

NOW THEREFORE the parties agree to the following principles:

 

1.         Each Board shall operate and manage its Facility in a responsible manner in accordance with the laws of the Province of Ontario, the Town’s by-laws and the Town’s Satellite Recreation Centre Policies, a copy of which is attached hereto and forms part of this Memorandum of Acknowledgment.   

 

2.                   The Town reserves the right to review and amend the Satellite Recreation Centre Policies from time to time in consultation with the Boards in making such amendments.  The Town shall provide the Boards with notice of all approved amendments and the Boards shall comply therewith upon the receipt of such notice.

 

3.         Each Board shall be responsible for the day-to-day operations of its respective Facility and for renting it out for a range of approved functions and activities.  Rental rates for similar facilities within York Region will be compiled by the Town annually and distributed to the various Boards for their consideration.      

 

4.         Each Board shall collect and account for all applicable fees and charges imposed by the Board and shall manage its business affairs in a responsible manner.  Each Board shall maintain complete and accurate financial records and shall submit a copy of its financial statements to the Town on an annual basis forthwith after the end of each operational year and at such other times as required by the Town. 

 

5.         The Town and the Boards will jointly provide for the capital maintenance and improvement of the Facilities in accordance with the cost-sharing principles contained in the Town’s Satellite Recreation Centre Policies, where possible. 

 

6.          The Town acknowledges that there is a binding Lease Agreement between The Town  and Markham Village Conservancy dated February 28, 2000, whereby the Town leases the Markham Train Station to the Markham Village Conservancy.  The Town shall take into full consideration the terms of the said Lease Agreement, and any pending renewal of same, when carrying out the intent of this Memorandum of Acknowledgement.

 

7.         The Town and the Boards acknowledge that the Facilities are insured under the Town’s policies of public liability and property damage insurance.  In order to ensure that the Town will continue to obtain favourable coverage premiums, the Boards shall manage and operate the Facilities in a responsible manner with a view to reducing the potential for claims, where possible, having to be made against those policies.  Without limiting the generality of the foregoing, the Board shall establish policies and make all reasonable efforts to ensure that its Licensees strictly comply with the Town’s Alcohol Policy.

 

9.         This Memorandum of Acknowledgment constitutes the entire understanding between the parties and supersedes all prior communications.  The obligations and privileges set out herein may be terminated by the Town in its sole discretion and may not be assigned by either party.

 

IN WITNESS WHEREOF the parties have executed this Memorandum of Acknowledgment and agree to adhere to the principles set out herein.

 

                                                 

                                                BOX GROVE COMMUNITY CENTRE BOARD

                                                 

_________________________________________

                                                Name:

                                                 

                                                CEDAR GROVE COMMUNITY CENTRE BOARD

 

_________________________________________

                                                Name:

                                                 

                                                GERMAN MILLS COMMUNITY CENTRE BOARD

 

_________________________________________

                                                Name:

                                                 

                                                HEINTZMAN HOUSE COMMUNITY

                                                CENTRE BOARD

 

_________________________________________

                                                Name:

                                                 

                                                VICTORIA SQUARE COMMUNITY CENTRE

                                                BOARD

 

_________________________________________

                                                Name:

 

                                                MARKHAM TRAIN STATION BOARD

 

                                                _________________________________________

                                                Name:

                                                 

                                                THE CORPORATION OF THE TOWN

                                                OF MARKHAM

                                                 

                                                 

                                                  ___________________________________

                                                  MAYOR – DON COUSENS

                                                 

 

                                                  ___________________________________

                                                  CLERK – SHEILA BIRRELL