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2000-089 '-iI) .. '" ., . . THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2000-89 Being a By-law to authorize the entering into of an agreement with the Ontario Federation of Snowmobile Clubs. WHEREAS Section 207, Subsection 58 of the Municipal Actr R.S.O. 1990r c.M.45r as amendedr provides that municipalities may enter into agreements for the operation and management of recreational areas. AND WHEREAS Council deems it necessary to enter into an agreement for the provision of recreational activities with the Ontario Federation of Snowmobile Clubs; NOW THEREFORE the Council of The Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. That the agreement attached hereto and forming part of this by-law as Schedule "A" be approved. 2. That the Mayor and Clerk are hereby authorized to executive the said agreement on behalf of The Corporation and affix thereto the Corporate Seal. 3. That this By-law shall come into full force and effect on its final passing thereof. By-law read a first and second time this 1st day of November 2000. By-law read a third time and finally passed this 1st day of November 2000. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ? . 1/ IS / f::>r,/~~ ..)"L~4:;^'~'$~ ' Mayor, Ian Bear~ \~2LL, Acting Clerk, Vicki I. Robertson ONTARIO FEDERATION OF SNOWMOBILE 106 Saunders Road, Unit 12, Barrie, Ontario L4N 9A8 Tel: 705-739-7669 Fax: 705-739-5005 MEMORANDUM OF UNDERSTANDING (PLEASE PRESS HARD AND PRINT OR TYPE) On this day year the undersigned, owner/occupier of the premises that is concessIOn eor County/District/Region hereby give the undersigned named local snowmobile club, as a member in good standing of the Ontario Federation 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 individual trail permit members of the OFSC to use said designated premises for snowmobiling under the following terms and conditions: the Township 1. 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 membership card 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 OFSC individual trail pelmit members on the designated premises, save and except the negligence ofthe owner/occupier. 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 individual snowmobile trail permit members in reasonably good condition for snowmobiling purposes only; and undertake to post appropriate signage; remove on an annual basis any litter caused by individual trail permit members; and repair or replace property damaged by individual trail penn it members 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 wardens 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.T. 21; the Motorized Snow Vehicles Act R.S.O. 1990, e.M.44; and the Occupiers Liability Act R.S.O. 1990, e.O.L ADDRESS PHONE SIGNATURE LANDOWNER/OCCUPIER ADDRESS PHONE SIGNATURE NAME NAME White copy owner/occupier yellow copy - club pink copy -OFSC office Foun date: 07/2000 ... ,.." CN TRAIL 14th to Woodland MARSH An MMC Company Marsh Canada Limited Certificate of Insurance Certificate Holder .ontario Federation of Snowmobile Clubs Their Member Clubs Insured Ontario Federation of Snowmobile Clubs and Their Member Clubs 106 Saunders Road, Unit #12 Barrie, ON L4N 9A8 Re: Evidence of Insurance This certificate is furnished to the Holder as evidence that the insurance policy(ies) described provide coverage as shown, subject to all the terms, conditions, limitations and exclusions of such pOlicy(ies) as now exist or may later be endorsed. Any amendment or extension of such pOlicy(ies) can only be effected by specific endorsement attached thereto. This certificate is furnished for information purposes only. The issuance of this certificate does not modify in any manner the described policy(ies) nor except as otherwise indicated below, make the Certificate Holder an Additional Insured. Type Insurer Policy Number Expiration Limit(s)/Amounts of Insurance Environmental Elliott Special 87953 October 8, 2000 $1,000,000.00 Each Loss Liability Risks Ltd. $ 1,000,000.00 Annual Aggregate Deductible: $2,000.00 Other Information: Date: August 17, 2000 Cert 10: CERT-1 Authorized Representative MARSH CAf~ADA LIMITED PER: .' /if! Ii :'''''''~ t8J C)' U,,\{,(JLl International Insurance Brokers Across Canada and Around the World . , . . . MARSH An MMC Company Marsh Canada Limited Certificate of Insurance Certificate Holder _~ario Federation of Snowmobile Clubs . Their Member Clubs Insured Ontario Federation of Snowmobile Clubs and Their Member Clubs 106 Saunders Road, Unit #12 Barrie, ON L4N 9A8 Re: Evidence of Insurance This certificate is furnished to the Holder as evidence that the insurance policy(ies) described provide coverage as shown, subject to all the terms, conditions, limitations and exclusions of such policy(ies) as now exist or may later be endorsed. Any amendment or extension of such pOlicy(ies) can only be effected by specific endorsement attached thereto. This certificate is fumished for information purposes only. The issuance of this certificate does not modify in any manner the described policy(ies) nor except as otherwise indicated below, make the Certificate Holder an Additional Insured. Type Insurer Policy Number Expiration Limit(s)/Amounts of Insurance Commercial CGU Insurance CMP81037146 August 1,2001 $5,000,000.00 Combined General Liability Co. of Canada Inclusive Limit Property Damage Deductible: $1,000.00 Umbrella Elliott Special ET51307 August 1,2001 $5,000,000.00 Excess of Liability Risks Ltd. Primary Underlying Limit Excess Umbrella Elliott Special ET51757 August 1, 2001 $5,000,000.00 Excess of Liability Risks Ltd. Underlying Umbrella Limit Other Information: .- Date: August 17, 2000 Cert ID: ONT AR-3 PER: '\! 0(J.Jl. j). Authorized Representative ~., >;'j~ (A<J1I{!VV'A L:", Intemationallnsurance Brokers Across Canada and Around the World .