2001-055 To Authorize the Execution of an Agreement between the Township of Oro-Medonte and Burl's Creek Family Event Park
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-lAW NO. 2001-055
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT
BETWEEN THE TOWNSHIP OF ORO-MEDONTE
AND BURL'S CREEK FAMILY EVENT PARK
WHEREAS the Municipal Act, R.5.0. 1990, c.M.45, Section 207.58, as amended,
provides that the Council of a local municipality may pass a by-law for granting aid for
the maintenance, operation or management of althletic fields;
AND WHEREAS the Council of the Township of Oro-Medonte deems it desirable to
pass a By-law to authorize the Mayor and Clerk to execute an agreement with Burl's
Creek Family Event Park for the use of soccer facilities;
NOW THEREFORE the Council for The Corporation of the Township of Oro-Medonte
hereby enacts as follows:
1. THAT the Mayor and Clerk are hereby authorized to sign an agreement between
the Corporation of the Township of Oro-Medonte and Burl's Creek Family Event
Park for the use of soccer facilities, said agreement attached hereto as Schedule
'A' and forming part of this by-law.
2. THAT this by-law come into full force and effect upon final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 6TH DAY OF JUNE, 2001.
BY-LAW READ A THIRD AND FINAL TIME THIS 6th DAY OF June 2001.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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Mayor, Ian Beard
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
USE OF FACILITY AGREEMENT
THIS AGREEMENT made as of the 11th day of June, 2001.
BETWEEN:
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
(hereinafter called "Oro-Medonte")
OF THE FIRST PART
-and-
BURL'S CREEK FAMILY EVENT PARK
(hereinafter called "BURL'S Creek")
OF THE SECOND PART
WHEREAS Oro-Medonte is a local municipality within the County of
Simcoe which currently provides recreational services to its inhabitants;
AND WHEREAS Burl's Creek is a privately owned body corporate which
owns, operates and provides soccer facilities on the lands which it owns in Oro-
Medonte;
AND WHEREAS Burl's Creek has agreed to provide soccer facilities on
lands which it owns to residents of the Township of Oro-Medonte;
AND WHEREAS Oro-Medonte deems it expedient and in the public
interest to provide a contribution in the form of money to BURL'S Creek in return
for the provision of soccer facilities provided by Burl's Creek for the benefit of the
inhabitants of Oro-Medonte.
NOW THEREFORE in consideration of the mutual covenants hereinafter
set forth in the sum of $2,000 per year, the adequacy of which consideration is
mutually agreed to, the parties hereto covenant and agree with each other as
follows:
1, Oro-Medonte agrees to provide to Burl's Creek the sum of $2000 (Two
Thousand Dollars) per year for the use of the facilities.
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2. Burl's Creek shall ensure that the soccer facilities, nets, parking and
washroom facilities are open and available for use by residents of Oro-
Medonte for a total of twelve (12) Wednesdays beginning in June and ending
in September of 2001.
3. The term of this agreement is from June to September in the years 2001,
2002 and 2003, with an option at the end of the 2003 season to renew for a
further three years.
4. The Township of Oro-Medonte and Burl's Creek agree to review the terms of
this Agreement on a yearly basis in October of each year.
5. Burl's Creek is in agreement that it will provide the service of lining the soccer
fields at the beginning of each season. Any subsequent field lining will be
negotiated between BURL'S Creek and the Minor Sport Organization making
use of the facility.
6. If the Township of Oro-Medonte or Burl's Creek Family Event Park fail to
perform any convenant, condition or agreement to be performed or observed
herein and such default continues unremedied after written notice from either
P8'r\I, t\'l.en either party may terminate this agree,ment within 90 day~ of
receipt of writter. notice of such 'lIitent to terminate without prejudice to any
other rights it may have in law or equity.
7. Any notice or other communication required or permitted to be given or
delivered pursuant to this agreement shall be in writing and shall be
sufficiently given or delivered personally, faxed or mailed by registered mail to
the parties at the respective addresses set out below.
The Corporation of the Township of Oro-Medonte
Post Office Box 100
Oro Ontario
LOL 2XO
Tel: (705) 487-2171
Fax: (705)487-0133
BURL'S Creek Family Event Park
P.O. Box 210
Oro, Ontario
LOL 2XO
Tel: (705) 487-3663
Fax: (705) 487-6280
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IN WITNESS WHEREOF the parties hereto have executed this
agreement:
By Oro-Medonte on the
By BURL'S Creek en the
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day of
2001
THE CORPORATION OFTHE TOWNSHIP
ORO-MEDONTE
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Name: Ian Beard
Title: Mayor
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Title: Clerk
day of
2001.
EVENT PARK
Name:
Title:
We have the authority to bind the
Corporation.