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2000-088 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY -LAW NO. 2000-88 e Being a By-law to Authorize the entering into of an agreement between The Corporation of the Township of Oro-Medonte, The Corporation of the Township of Severn and The Coldwater & District Curling Club to provide for the provision of recreational services. WHEREAS Section 210.1 r of the Municipal Actr R.S.O. 1990r c.M.45 provides for the Council of a Municipality to enter into an agreement for the provision of municipal capital facilities by any person; AND WHEREAS Severn Township has entered into an agreement with The Coldwater & District Curling Club to provide curling facilities; AND WHEREAS the Council for the Township of Oro-Medonte has declared by resolution that the facility to which this agreement relates will also provide recreational facilities to the residents of Oro-Medonte; AND WHEREAS the Council for Oro-Medonte deems it expedient and in the public interest to provide a capital contribution in the form of money to The Coldwater & District Curling Club in return for the provision of recreational services provide by the Club for the benefit of Township residents; 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 1 st 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 . (~~ Acting Clerk, Vicki I. Robertson -2- AND WHEREAS the Club has commenced construction of a recreational facility to be used for the purposes of curling in accordance with the Severn Agreement (hereinafter the Curling Facility"); . AND WHEREAS the Curling Facility qualifies as a municipal capital facility as defined in section 210.1 of the Municipal Act and O.Reg. 46/94, as amended; AND WHEREAS the Council ofOro-Medonte has declared by resolution that the facility to which this agreement relates is for the purposes of Oro-Medonte and is for public use. AND WHEREAS Oro-Medonte deems it expedient and in the public interest to provide a capital contribution in the fonn of money to the Club in return for the provision of recreational services provided by the Club for the benefit of the inhabitants of Oro-Medonte; NOW THEREFORE in consideration of the mutual covenants hereinafter set forth in the sum of$1.00, the adequacy of which consideration is mutually agreed to, the parties hereto covenant agree with each other as follows: 1. Oro-Medonte agrees to provide to the Club forthwith a grant of $25,000.00 by cash or cheque to be used towards the capital costs of the construction of the Curling Facility in accordance with the Severn Agreement. 2. The Club and Severn shall ensure that the Curling Facility is open and available for use by residents of Oro-Medonte on the same basis as it is for the residents of Severn. 3. In the event that the Club defaults on the above-referenced section 2 above or an "Event of Default" as defined in section 13 of the Severn Agreement occurs, upon written demand by Oro-Medonte, the Club agrees to forthwith return in full, with interest calculated annually at the prime lending rate, the $25,000.00 grant to Oro-Medonte, unless the obligations and responsibilities of the Club as set out in this agreement have been fully assumed by Severn. 4. Any notice or other communication required or pennitted 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. Any notice so gWe or delivered shall be conclusively deemed to be given when delivered, . . . . . -3- if delivered personally or sent by fax or 72 hours following the mailing of the same if mailed by registered mail to Oro-Medonte to: The Corporation of the Township ofOro-Medonte Post office Box 100 Oro, Ontario LOL 2XO Tel: (705) 487-2171 Fax: (705) 487-0133 5. To the Club to: 9 Michael Ann Drive Coldwater, Ontario LOK lEO 6. To Severn to: The Corporation of the Township of Severn P.O. Box 159 Orillia, Ontario L3V 613 7. The Club and Severn agree to provide to Oro-Medonte any notice regarding default or tennination pursuant to the Severn Agreement, as well as copies of any amendments to the Severn Agreement forthwith. 8. The parties hereto agree to their respective authority to enter into the within agreement and shall be forever estopped and barred from challenging the jurisdiction or authority of each and any ofthem to enter into this agreement or to be bound by any of its provisions. 9. In the event that a Court declares or detennines that any part of this agreement is void or unenforceable, the parties agree that the balance of the agreement shall continue in full force and effect and to execute such further assurances to continue in effect the intent of this agreement. 10. This agreement shall be binding upon and enure to the benefit of the parties hereto and their respective heirs and assigns. IN WITNESS WHEREOF the parties hereto have executed this agreement: . , , . . By Oro-Medonte on the \ -4- ~? day of M.afcl'( 2000 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Name: Q<..-'-'cA Title: hw~ '^- I \t~. Name: '\) \C\M ~Q~'-<; V'- .JJQ.-- Title: C \. e", \<- c:1 \-. oc:f By the Club on the \1 / day of~, 2000 THE COLDW A TER & DISTRICT CURLING CLUB Name: 1ZRt\A~ QQ) Title: f fZ6 \'()E-"-.ST Name: Title: We have the authority to bind the Corporation. By Severn on the day of March, 2000 THE CORPORATION OF THE TOWNSHIP OF SEVERN Name: Title: Name: Title: ::0 DMA \PCDOCS\DOCS\83035 7\ I . a . ( MUNICIPAL CAPITAL FACILITY AGREEMENT THIS AGREEMENT made as of the day of BETWEEN: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE (hereinafter called "Oro-Medonte") OF THE FIRST PART - and - THE COLDWATER & DISTRICT CURLING CLUB (hereinafter called the "Club") OF THE SECOND PART THE CORPORATION OF THE TOWNSHIP OF SEVERN (hereinafter called "Severn") OF THE THIRD PART WHEREAS Oro-Medonte and Severn is a local municipalities within the County of Simcoe which currently provides recreational services to their inhabitants; AND \VHEREAS the Club is a non-profit body corporate which owns, operates and provides curling facilities at the premises which it owns in Severn, which lands are more particularly described in Schedule "A" attached hereto (hereinafter referred to as the "Subject Lands"); AND WHEREAS section 210.1 of the Municipal Act authorizes the Council of a Local Municipality to enter into an agreement for the provision of such municipal capital facilities as may be designated by regulation by any person providing financial or other assistance to any person who has entered into an agreement to provide such municipal capital facility; AND WHEREAS Severn has entered into an agrecmcnt with thc Club dated December 16,1999, pursuant to s. 210.1 of the MunicipalAct, R.S.O 1990, c.M.45 (attached hereto as Schedule "B" to this agreement is a copy of the Municipal Capital Facility Agreement dated December 16, 1999, between Severn and the Coldwater & District Curling Club (hereinafter referred to as the "Severn Agreement"); ~ . -2- AND WHEREAS the Club has commenced construction of a recreational facility to be used for the purposes of curling in accordance with the Severn Agreement (hereinafter the Curling Facility"); AND WHEREAS the Curling Facility qualifies as a municipal capital facility as defined in section 210.1 of the Municipal Act and O.Reg. 46/94, as amended; AND WHEREAS the Council of Oro-Medonte has declared by resolution that the facility to which this agreement relates is for the purposes of Oro-Medonte and is for public use. AND WHEREAS Oro-Medonte deems it expedient and in the public interest to provide a capital contribution in the fonn of money to the Club in return for the provision of recreational services provided by the Club for the benefit of the inhabitants of Oro-Medonte; NOW THEREFORE in consideration of the mutual covenants hereinafter set forth in the sum of $1.00, the adequacy of which consideration is mutually agreed to, the parties hereto covenant agree with each other as follows: 1. Oro-Medonte agrees to provide to the Club forthwith a grant of $25,000.00 by cash or cheque to be used towards the capital costs of the construction of the Curling Facility in accordance with the Severn Agreement. 2. The Club and Severn shall ensure that the Curling Facility is open and available for use by residents of Oro-Medonte on the same basis as it is for the residents of Severn. 3. In the event that the Club defaults on the above-referenced section 2 above or an "Event of Default" as defined in section 13 of the Severn Agreement occurs, upon written demand by Oro-Medonte, the Club agrees to forthwith return in full, with interest calculated annually at the prime lending rate, the $25,000.00 grant to Oro-Medonte, unless the obligations and responsibilities of the Club as set out in this agreement have been fully assumed by Severn. 4. Any notice or other communication required or pennitted 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. Any notice so give or delivered shall be conclusively deemed to be given when delivered, ~ . -3- if delivered personally or sent by fax or 72 hours following the mailing of the same if mailed by registered mail to Oro-Medonte to: The Corporation of the Township ofOro-Medonte Post office Box 100 Oro, Ontario LOL 2XO Tel: (705) 487-2171 Pax: (705) 487-0133 5. To the Club to: 9 Michael Ann Drive Co1dwater, Ontario LOK lEO 6. To Severn to: The Corporation of the Township of Severn P.O. Box 159 Orillia, Ontario L3V 613 7. The Club and Severn agree to provide to Oro-Medonte any notice regarding default or tennination pursuant to the Severn Agreement, as well as copies of any amendments to the Severn Agreement forthwith. 8. The parties hereto agree to their respective authority to enter into the within agreement and shall be forever estopped and barred from challenging the jurisdiction or authority of each and any of them to enter into this agreement or to be bound by any of its provisions. 9. In the event that a Court declares or detennines that any part of this agreement is void or unenforceable, the parties agree that the balance of the agreement shall continue in full force and effect and to execute such further assurances to continue in effect the intent of this agreement. 10. This agreement shall be binding upon and enure to the benefit of the parties hereto and their respective heirs and assigns. IN WITNESS WHEREOF the parties hereto have executed this agreement: " . e . -4- )~~. By Oro-Medonte on the I day of.March, 2000 THE CORPORA nON OF THE TOWNSHIP OF ORO-MEDONTE '7 /1,1' r, " It- /;/~'"""- ", .?,~.0~ ~A::"", t> , lv' ,.w N arne: .- Tit1e~ _ Name: \J l.c:....~ ~o\'.....~,--. ~1J0 Title: d~~. \1c11-- By the Club on the day of~, 2000 THE COLDW A TER & DISTRICT CURLING CLUB Name: Title: N arne: Title: We have the authority to bind the Corporation. By Severn on the ~day o~ ~ THE CORPORATION OF THE TOWNSHIP OF~ Name: Tit . : :ODMA \PCDOCS\DOCS\830357\!