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Home My WebLink AboutBylaw 0871 - Golden Hills Lodge Y N MUNICIPAL DISTRICT OF KNEEHILL #48 BY-LAW 871 THIS BEING A BY-LAW TO AUTHORIZE ENTERING INTO AN AMENDING AGREEMENT UNDER THE HOMES FOR THE AGED ACT , BEING CHAPTER 171 OF THE REVISED STATUTES OF ALBERTA, IN CONNECTION WITH THE OPERATION OF GOLDEN HILLS LODGE. WHEREAS various changes have been implemented over the years in connection with the operation of the Golden Hills Lodge. AND WHEREAS it has been deemed expedient to sign an amending agreement incorporating these various changes. THEREFORE THE COUNCIL of the M.D. of Kneehill #48 in Council assembled enacts as follows: 1. The Reeve and Municipal Administrator are hereby authorized to sign the amending agreement with the Towns of Three Hills, and Trochu and Villages of Acme, Carbon, Linden and Torrington and Alberta Housing Corporation, copy of which agreement is attached hereto and forms part of this by-law. COUNCILLOR CAMPBELL MOVED first reading to by-law 871 CARRIED COUNCILLOR BAUER MOVED second reading to this by-law. CARRIED COUNCILLOR POOLE moved that third reading be given to this by-law at this time. CARRIED UNANIMOUSLY. COUNCILLOR FERGUSON MOVED third reading to this by-law. CARRIED DONE AND PASSED IN REGULAR MEETING OF COUNCIL THIS 27th day of November, A.D. 1978. Reeve Muni/. pa /Ad "nis rator THIS AMEN.uING AGREEMENT l.a de effective this 11 day of Jecr,beY-- A. D. 19 & BETWEEN: THE MUNICIPAL DISTRICT OF KNEEHILL NO . 48 , a body corporate established under The Municipal ! Government Act, 1 1 - and THE TOWN OF THREE HILLS , a body corporate established 1 under The Municipal Government Act , - and - THE VILLAGE OF ACME, a body corporate established j under The Municipal Government Act , 1 - and - TI-IE TILLAGE OF CARBON , a body corpora e established under The Municipal Government Act , an -- THE TOWN OF TROCI-IU, a body corporate :established under The Municipal Government ;Act , (ail the above hereinafter coll_ectivcly referred to as "the Contracting Mtinicipd jt_: cs") , - and - THE KNEEHILL FOUNDATION, a body corporate created 1 by Order of the Lieutenant Governor in Council pursuant to the Senior Citizens Housing Act , (hereinafter referred to as "the Foundation") , - and - ALBERTA HOUSING CORPORATION, a body corporate 1 incorporated by Statute of the Province of Alberta, (hereinafter referred to as "the Corporation") , 1 - and - THE VILLAGE OF LINDEN, a body corporate established under The Municipal Government Act , - and - THE VILLAGE OF TORt1INGTON, a body corporatc established under The Municipal Government Act , (hereinafter referred to as "the New Muuici.r al.ities") . • • • - 2 - • ` WHEREAS the Contracting Municipalities entered into an 1 ;; Agreement with each other and with the Minister of Public Welfare , dated the 8th day ,of July, 1959 , which Agreement is a Master Agreement under the Senior Citizens Housing Act (hereinafter "the referred to as f Mas ter Agreement") ; AND WHEREAS the Master Agreement was made for the purpose' of establishing a home in the Town of Three Hills , for elderly persons ; •� AND WHEREAS for this purpose, the Contracting Municipal- I ities donated to the Minister a site, described in Appendix "B" to the Master Agreement and the Minister constructed the Golden Hills Lodge on the site; AND WHEREAS the Kneehill Foundation was established pursuant to the said Master Agreement , to own, operate and maintain, the said Lodge ; AND WHEREAS the Corporation has constructed the Addition to the Golden Hills Lodge on a site located in ' the Town of Three Hills and more particularly described in Appendix "B" hereto; AND WHEREAS the parties hereto have agreed that the operation and management of the Golden Hills Lodge Addition will i be taken over by the Foundation under the terms and conditions of the Master Agreement and that all of the terms and conditions of the Master Agreement pertaining to the Golden Hills Lodge are to g apply mutatis mutandis to the Golden Hills Lodge Addition, except as provided in this Amending Agreement ; AND WHEREAS the New Municipalities desire to become Contracting Municipalities within the meaning of the Master Agree- ment and all amendments thereto ; 1 • - 3 NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consider- ation of the premises , covenants and conditions herein contained, ■ r the parties hereto agree to amend the said Master Agreement greement as follows : it 1 . The New Municipalities shall , as of and from the effective date of this Amending Agreement be and become Contracting Munici- ' palities within the meaning of the Master Agreement and all amend- ments thereto and shall be entitled to all of the rights , privileges and liabilities of Contracting Municipalities as set out in the Master Agreement . 2. The parties hereto agree that the Master Agreement shall henceforth apply to more than one home and that the Master Agreement shall include the Golden Hills Lodge Addition and the Foundation shall operate and manage the said Lodge Addition under the teriis and conditions of the Master Agreement and that wherever the terms site, home and building and all words pending thereon or relating thereto are used in the Master Agreement they shall be read and construed as in the plural instead of the singular , and in each case the covenants and conditions shall apply to the said Lodge g Addition to the same extent and in the same manner as if the said Lodge Addition was included therein. 3 . The parties agree that any future Lodge or Lodge additions g constructed by the Corporation at the request of the Foundation shall be operated and managed by the Foundation under the terms and conditions of the Master Agreement upon approval of all or a majority of the Contracting Municipalities as evidenced by resolu- tion of the Foundation and by amendment to Appendix "B" of the Master Agreement . I , 1 i '► II t 4 4. Clause 2 is renumbered 2(a) and new Clause 2(b) is added as follows : "2 (b) The Town of Three Hills agrees to extend its Munici �I 1 pal Services to a point on the boundary line of the site described in Appendix endix "B" hereto nearest to the location I of the Golden Hills Lodge Addition and the Corpo ation agrees to do such clearing and levelling as may be necessary for the proper location of the home on the site. For the purpose of this Agreement the Municipal Services shall include water and sewer mains , fire hydrants , gas mains , roads , curbs , gutters , sidewalks , telephone lines and street lighting . The water and sewer mains and power lines shall be extended to the boundary line of the site and any clearing and levelling necessary shall be done on or before the date the Corpor- ation is ready to commence construction. The other Municipal Services shall extended to the boundary line of the site on or before the Home is ready for occupancy." 1 5. Clause 3 is renumbered 3(a) and is amended as to the words "(hereinafter referred to as the home") " shall now read " (here- 1 matter referred to as "the Golden Hills Lodge") " . A new Clause 3(b) is added as follows : I "3 (b) The Corporation undertakes to have constructed on any new site a building (hereinafter referred to as "the home") of a design approved by the Corporation and the Coiitractin2; Municipalities , subject to such alteration and variation thereto during construction as the Coy por-- 1 ation may deem necessary for the greater safety, durabil.- jity, efficiency or usefulness of the home. " 6. Clause 8 shall be deleted and the following is substituted for Clause 8 : "8. Upon completion of the construction and furnishing . of the Golden Hills Lodge in accordance with this agree- ment the Corporation will deliver to the Board of Direc- t P • • • 5 _ tors of the Foundation a conveyance of the site together with the Golden Hills Lodge and all other fixtures thereon and all chaLt:els placed therein in accordance with this Agreement to be thereafter held by the Founda- tion for its purposes . " II �i i 7 . The parties agree that Appendix "P" to the Master Agreement I , 1 shall be amended and substituted by Appendix "B" attached hereto and forming part hereof. u . This Agreement shall enure to the benefit of and be binding 1 upon the successors of any of the parties hereto. (I II I I I 1f II 1 I� I 1 1 1 �! 1 j it 1 ► • • • • • • • I 1 - 6 - ii IN WITNESS WHEREOF the parties hereto have set their hand and seal , attested to by their duly authorized signing offices in that behalf. ' THE MUNICIPAL DISTRICT OF KNEEHILL NO. 48 THE VILLAGE OF LINDEN per = _ per - { THE TOWN OF THREE HILLS THE VILLAGE OF TORRINGTON--;//? per - :a • per LA/ THE VILLAGE OF ACME THE KNEEHILL FOUNDATION 1, •per. , ,W per 'i' THE VILLAGE OF CARBON ALBERTA IIOUS I . C• '_'e TION .� y/�� `' ''! '� Ct f A1!;pJ1^ . THE DOA pet—r • C per ; �{ APPROVED BY PRESIDENT THE TOWN OF TROCHU APPRAISAL 1 � PROPERTY •�._� ,. / . ._ :DMiN. _ 0,f j ___ kr,k •CE (///. • i i �� li APPENDIX "B" LEGAL DESCRIPTION OF THE SITE OF THE GOLDEN HILLS LODGE AND LODGE ADDITION PLAN THREE HILLS 7875 H.R. I BLOCK "B" CONTAINING SEVEN AND SIXTY FOUR HUNDREDTHS (7 . 64) ACRES MORE OR LESS, EXCEPTING THE SUBDIVISION ON PLAN 7510 561 ;i CONTAINING TWO AND FORTY SEVEN HUNDREDTHS (2 . 65) ACRES 1 ; MORE OR LESS , • ,i RESERVING UNTO HER MAJESTY ALL MINES AND MINERALS . 111 ii � l { ' {I I I { "i s � iI