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2007-134 To Authorize the Execution of a Memorandum of Understanding between The Township of Oro-Medonte and the Ontario Federation of Snowmobile ClubsTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2007-134 A By-law to Authorize the Execution of a Memorandum of Understanding between The Township of Oro-Medonte and the Ontario Federation of Snowmobile Clubs For the 2007!2008 Season And to Repeal By-law No. 2002-143 WHEREAS the Municipal Act, 2001, S.Q. 2001, c.25, Section 224, as amended, states that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council; AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte deems it desirable to enter into a Memorandum of Understanding with the Ontario Federation of Snowmobile Clubs for the 24Q712008 season; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That the Clerk is hereby authorized to execute the Memorandum of Understanding between The Corporation of the Township of Oro-Medonte and the Ontario Federation of Snowmobile Clubs attached hereto as Schedule "A" and forming part of this By-Law. 2. That By-law No. 2002-143 is hereby repealed. 3. That this by-law shall take effect an the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 12T" DAY OF DECEMBER, 2007. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 12T" DAY OF DECEMBER, 2007. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE .. Mayor, H.S. Hug~ies .~ Clerk, J. Douglas Irwin ~....~ ~ ;? ~,` ONTARIO FEDERATION OF .`. «~~'' .. ~. r ~ SNOWMOBILE CLUBS '.~~~~. ~.~°`~` ~ , ~ ~'~ SOl Welham Road, Unit 9, Barrie, Ontario ~ ~'' `,_ s,, : _~ L,4N 8Z6 MEMORANDUM OF UNDERSTANDING ~ ch e d u l e "A" t o (PLEASE PRESS xAxD ArrD PRIrrT oR TYPE) BY -Law No . 2007 -134 On this 12th day of _ Dec ember ,year 200 ~ I, the undersigned, owner/occupier of the premises that is lot# attached as Appendix "1" concession # or other in the Township of O r o - M e d o n t e CountylDistrict/Region of Simeoe do hereby give the undersigned named local snowmobile club, as a member in good standing of the Ontario Federation of Snowmobile Clubs, hereinafter referred to as the OFSC, permission to legally enter, establish, groom, maintain, sign and use that portion of the premises herein designated by me for the exclusive purpose of allowing valid permitted and exempted snowmobiles and their riders to use said designated premises for snowmobiling under the following terms and conditions: I. The local snowmobile club shall at all times remain a member in good standing of the OFSC and be able to verify this to the owner/occupier with a current OFSC certificate or this agreement shall be immediately null and void. 2. By remaining a member in good standing of the OFSC, the local snowmobile club shall be party to the OFSC's third party liability insurance. This coverage is confirmed to the undersigned owner/occupier by signing this memorandum of understanding on the condition no fee has been charged by the owner/occupier for the use of designated premises. The insurance shall have adequate limits to cover land uses specified herein by the Local snowmobile club and valid permitted and exempted snowmobiles and their riders on the designated premises. 3. The designated premises shall be sketched on a separate sheet of paper or shown on an attached map and a copy of each both shall be initialed by both parties hereto and attached to each copy of this agreement. 4. It is understood that the local snowmobile club, with the owner/occupier's verbal consent on each occasion, shall have access to the designated premises prior to and after the winter months for the purpose of opening and closing, upgrading and maintaining the trail when there is no snow cover. 5. The local snowmobile club shall maintain that portion of the designated premises to be used by valid permitted and exempted snowmobiles and their riders in reasonably good condition for snowmobiling purposes only; and undertake to post appropriate signage; remove on an annual basis any litter caused by valid permitted and exempted snowmobiles and their riders; and repair or replace property damaged by valid permitted and exempted snowmobiles and their riders on that portion of the designated property used for snowmobiling. 6. Each party hereto shall give the other sixty (60) days prior written notice to the address below of any changes to, or cancellation of this agreement. 7. The local Snowmobile Club, its Trail Patrol Members and Executive are hereby authorized to be the undersigned owner/occupier's agent(s) to supervise and enforce the uses defined hereunder with respect to the designated premises in accordance with the Trespass to Property Act R.S.O. 1990, c.T21; the Motorized Snow Vehicles Act R.S.O. 1990, c.M44; and the Occupiers Liability Act R.S.O. 1990, c.0-2 as amended. LANDOWNER/OCCUPIER i.nt~ar civnwnnnurr ~ r~r JR NAME Township of Oro-Medonte NAME yvv~ T/a~ C~ ~ S ~ 6 ~ ~ ~ i . ~ ~ L ~ r ~ ADDRESS 1 n e out , o x ADDRESS v r~- ~ ~.. C">-z.tc PHONE 7 0 5- 8 7 1 ~ 1 PHONE ~~ ,-- rJ r, 7 SIGNATURE SIGNATURE ~. uotS~la'Sllrw~n, Clerk LOCAL SNOW OBILE CLUUB C NTACT PERSON NAME & PHONE: OFSC DISTRICT GOVERNOR NAME & PHONE ~l t ~n ~ ~..~ t r bl~ ~~ ~ H- -{ c~ ; ~ ~ 7 - 2- ~~~-g~~ .--~ ~--y ~ ~'" ~~ 3 "The OFSC and its member clubs are committed to safeguarding your personal information provided on this form and may only be used by the clubs to provide guidelines and procedures under which the Club and Landowner operate " White copy -owner/occupier yellow copy -club Form date: 10/2004 Appendix "1" to Schedule "A" ~y-Law No. 2011?-134 a) (7ro-Medonte Rail Trail from Woodland Drive through to Thunder Bridge. b) 201 Trail: 1 Line 5 North from Bass Lake Sideroad to Horseshoe Valley Road in its entirety, 2. Line 5 North from approximately 100 metres South of Railway line to top of hill on Line 5 approximately 1 km north of Horseshoe Valley Road (1 km long), 3. Line 6 North from Bass Lake Sideroad North approximately 1.5km to South side of Sugarbush. c) 203 Trail: 1. Line 11 North from Old Barrie Road to Bass Lake Sideroad in its entirety. d) B Trail: 1. Line 9 North of Bass Lake Sideroad in its entirety to Bottom of hill at Gold Mountain Springs (opened road allowance) approximately 1.5 km long. e) 8206 Trail: 1. Line 6 North from Mount St. Louis Road approximately 650 meters to top of hill.