THIS AGREEMENT made (in triplicate) this 1st day of April 1980. BETWEEN: GERALD HOWLAND, Public Servant, of the City of Ottawa, in the Regional Municipality of Ottawa-Carleton, Hereinafter called a Trustee OF THE FIRST PART AND: ALBERT POLLOCK, Teacher, of the City of Ottawa, in the Regional Municipality of Ottawa-Carleton, Hereinafter called a Trustee OF THE SECOND PART AND: EARL MILKS, Salesman, of the Town of Gatineau, in the County of Hull, hereinafter called a Trustee OF THE THIRD PART
WHEREAS there is between the parties the common intention to establish a Trust for purposes of a charitable nature beneficial to the community as a whole. AND WHEREAS it is the intention of the above named parties to administer the said Trust. NOW THEREFORE in consideration of the covenants herein contained it is hereby mutually agreed between the parties hereto that the Trust shall be administered accordingly: 1. The Trust shall be known hereafter as Servants of God Community Trust (hereinafter referred to as the Trust). 2. The Trust shall have as its purposes and objects the following: (a) to receive and maintain a fund or funds and to apply from time to time all or part thereof and the income therefrom, for charitable purposes, including, without limiting the generality of the foregoing, the provision, if and when the trustees may from time to time deem advisable, of monetary assistance to persons in the community who the trustees deem in need thereof, by reason of their monetary, emotional or physical handicaps; (b) to do all such things as are incidental or conducive to the attainment of the above objects, in particular: (i) to use, apply, give, devote or distribute from time to time all or part of the fund or funds of the Trust and/or the income therefrom for charitable purposes by such means as may from time to time seem expedient to its trustees; (ii) to acquire, accept, solicit or receive by donation legacy, gift, grant or bequest or otherwise, any kind of personal property whether or not the same be in the form of investment, in which the trustees are authorized to invest trust funds; (iii) to demand, receive, sue for recovery and compel the payment of all sums of money that may become due and payable to the Trust and to apply the said sums for the objects of the Trust, and generally to sue and be sued; (iv) to employ and pay such assistants, clerks, agents, representatives and employees and to procure, equip and maintain such offices and other facilities and to incur such reasonable expenses as may be necessary. 3. The Trust shall be carried on without the purpose of gain for its members and any profits or other accretions of the Trust shall be used in promoting its objects. 4. The trustees shall serve as such without remuneration and no trustee shall, directly or indirectly, receive any profit from his position as such except reasonable expenses incurred by any trustee in the performance of his duty. 5. The Trust shall be administered in accordance with by-laws hereto attached as Schedule "A" and all such other by-laws as may be deemed necessary from time to time. 6. This Agreement is effective as of January 1, 1979.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals.
SIGNED, SEALED & DELIVERED in the presence of: ) GERALD HOWLAND ) EARL MILKS ) ALBERT POLLACK SCHEDULE "A" BY- LAWS
TRUSTEES 1. The affairs of the Trust shall be managed by the trustees who may exercise all such powers and do all such acts and things as may be exercised or done by the Trust. 2. A trustee shall be a member in good standing of the Servants of God Community and shall be twenty-one (21) or more years of age. 3. Trustees shall be appointed from time to time as it becomes necessary by the unanimous vote of the original parties to this trust agreement. 4. The trustee appointed as above thereafter shall exercise, for the purposes of administering the Trust, all such powers and do all such acts and things as is exercised or done by the original appointed trustees. 5. The work "trustee" wherever used throughout this agreement shall include the trustees originally appointed and additional trustees appointed in accordance with clause 3. 6. The trustees shall appoint one of them to the position of Secretary-Treasurer, whose responsibility it will be to administer the finances of the Trust. FINANCES 7. The trustees must keep proper records of account, including records of: (a) all money received or spent by the Servants of God Community Trust including, when, where, how the money was spent or received; (b) all sales and purchases of the Trust; (c) all assets and liabilities of the Trust; (d) all other transactions affecting the financial position of the Trust. 8. The trustees shall have power for and on behalf of the Trust to transact with any banking institution, including, to draw, accept and endorse bills of exchange, promissory notes, cheques or orders for the payment of money, and to deposit with or transfer to, the bankers of the Trust but for the credit of the trust account only, bills of exchange, promissory notes, cheques, orders for the payment of money or other negotiable papers and to arrange, settle, balance and certify all bank books and accounts between the Trust and the bankers of the Trust and to receive all cheques and vouchers from the said bankers. 9. The trustees, from time to time as they deem necessary, may borrow money on the credit of the Trust and charge, mortgage, or pledge all or any of the personal property of the Trust including book debts, rights, powers, franchises and undertakings to secure any securities or any money borrowed or other debts, or any other obligations or liability of the Trust. 10. The trustees of the Trust and any other people so authorized by them may, enter into contracts, verbal or written, on behalf of the Trust to further those objects set out above. 11. The Secretary-Treasurer and one other trustee shall be signing officers for any of the bank accounts, financial transactions or contracts the Trust maintains or enters into and those persons so authorized may make arrangements about the money borrowed or to be borrowed including the power to negotiate or vary terms and conditions of the loan including the method of payment or security. MEMBERSHIP, MEETINGS AND VOTING 12. (a) persons may be admitted as members of the Servants I of God Community by resolution of the trustees; (b) every trustee is also a member of the said Community; (c) every member has only one vote and may vote at every general meeting; (d) general meetings may be held at a time and place determined by the trustees upon notice given to the members at least twenty-four (24) hours from the time of such meeting; (e) the trustees may meet together for the dispatch of business, adjourn and otherwise regulate meetings as they deem I necessary. A trustee may at any time summon a meeting of the trustees; (f) the quorum necessary for the transaction of the business of the Trust may be fixed from time to time by the trustees; the business of the Trust may be transacted without the vote taken of the membership at a general meeting but at such time as a vote is taken, resolutions may only be passed by the unanimous vote of the trustees; (g) the Trust shall carry on its business at general meetings by resolution, moved, seconded and carried by majority of the votes cast by the membership, except at those times when the trustees meet together for transacting business as outlined in clause 12(f). GENERALLY 13. The trustees or members of the Servants of God Community are not liable or responsible for any act, debts or obligations, transactions or other things relating to the Trust. 14. Upon the dissolution of the Trust and after the payment of all debts and liabilities, its remaining property shall be distributed or disposed of through charitable organizations which carry on their work within the same community as Servants of God Community Trust. |