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2009-038 Amend By-Law No. 2007-079, A By-Law to Authorize the Execution of a Joint Use Agreement between the Simcoe County District School BoardTHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2009 -038 A By -law to Amend By -Law No. 2007 -079, A By -Law to Authorize the Execution of a Joint Use Agreement between The Simcoe County District School Board and The Township of Oro - Medonte WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, authorizes a municipality to pass by -laws with respect to the culture, parks, recreation and heritage; AND WHEREAS Section 20 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality may enter into an agreement with one or more municipalities or local bodies, to jointly provide, for their joint benefit, any matter which all of them have the power to provide within their own boundaries; AND WHEREAS Section 224 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, states that it is the role of Council to ensure that the administrative policies, practices and procedures are in place to implement the decisions of Council; AND WHEREAS Council of The Corporation of the Township of Oro - Medonte did, on July 18, 2007, enter into a Joint Use Agreement with The Simcoe County District School Board (SCDSB) to extend the educational and recreational use of existing facilities of the Simcoe County District School Board and the Township of Oro - Medonte to expire on June 20, 2009; AND WHEREAS Council of The Corporation of the Township of Oro - Medonte deems it desirable to renew the Joint Use Agreement; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. That the Mayor and Clerk be authorized to execute the Joint Use Agreement attached hereto as Schedule "A" and forming part of this By -law. 2. That the Joint Use Agreement attached hereto as Schedule "A" and forming part of this By -law shall commence on the 21 st day of June, 2009 and shall continue for a period of three (3) years, unless terminated earlier pursuant to the provisions of the Joint Use Agreement. 3. This by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST AND SECOND TIME THIS 22ND DAY OF APRIL, 2009. BY -LAW READ A THIRD TIME AND FINALLY PASSED THIS 22ND DAY OF APRIL, 2009. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE , H.S. H 1 r-41 �� Schedule "A" to By-Law No. 2009-038 JOINT USE AGREEMENT BETWEEN: SIMCOE COUNTY DISTRICT SCHOOL BOARD (hereinafter referred to as "SCDSB") And THE CORPORATION OF THE ORO-MEDONTE (hereinafter referred to as the "Municipality") DATED THIS 22 day of April , 2009 WHEREAS the Parties hereto are party to a Joint Use Agreement dated the 13th day of June, 2007 (hereinafter referred to as The Joint Use Agreement); AND WHEREAS the Term of the Joint Use Agreement subject to earlier termination rights defined by same - is expressed to expire on the 20th day of June, 2009; AND WHEREAS the Parties in accordance with the terms and provisions of Sections 34 and 35 of that Agreement have participated in the annual reviews contemplated thereby and in connection with this Renewal Agreement have further reviewed the terms and conditions of the Joint Use Agreement and wish to extend or renew that Agreement on the terms and conditions herein set forth. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual promises and obligations herein contained and The Joint Use Agreement and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, it is agreed between the Parties that: 1. The term of the Joint Use Agreement is hereby extended to commence on the 21 st day of June, 2009 and shall continue for a period of three (3) years (the "extension term") unless terminated earlier pursuant to the provisions of the Joint Use Agreement. 2. This Renewal or Extension Agreement may be subject to amendment or renewal upon such terms and conditions as may be mutually agreed in writing between the parties hereto as per Section 34 of the Joint Use Agreement. 3. It is further acknowledged and agreed that in accordance with the provisions of Section 13 of the Joint Use Agreement either party may amend the list of facilities set forth in Schedule "A" and Schedule "B" to the Joint Use Agreement which list of facilities is updated for the purposes of the Extension Agreement in Schedules "D" and "E" hereto attached which Schedules are subject to discretionary amendment as if forming a part of the original Joint Use Agreement and on the same terms and conditions as Section 13 of that Agreement defines. 4. Schedule C has been updated and is attached as Schedule F to this agreement. 2 RENTAL RATES It is acknowledged and agreed that the rental rates to be charged may be adjusted in accordance with Section 16 of the Joint Use Agreement. In all other respects the terms and provisions of the Joint Use Agreement applying mutatis mutandis to the term of this Extension Agreement. IN WITNESS WHEREOF the parties hereto have duly executed this Agreement by their proper officers on that behalf SIMCOE COUNTY DISTRICT SCHOOL BOARD We have authority to bind the Corporation P We have authority to bind the Corporation SCHEDULE D ORO MEDONTE SCHOOLS INDO OR O UTDOOR W W W F Q J Z J U W SCHOOL U) n~. w m= a m° z v ° m c PROPERTY ISSUES fA0 (Qj Uj = YO 0 LL W U.JV)N U. U. 0 0 C7 m m W Q U. Indoor Facilities not available East Oro P.S. Single 2292 533 1 2 2 for summer use Indoor Facilities not available Guthrie P.S. Single 2490 579 2 1 for summer use Moonstone E.S. Single 2390 556 1 2 Shanty Bay P.S. Single 2390 556 2 2 1 W. R. Best Memorial P.S. Single 2046 476 1 1 Indoor Facilities not available for summer use Warminster E.S. Single 2375 552 1 2 1 SCHEDULE E Municipal Indoor and Outdoor Facilities Available to the SCDSB under Joint Use Agreement Oro-Medonte Community Arena • Ice Surface (Second Week in September - First Week of April) • Arena Floor • Banquet Hall Old Town Hall Ian Beard Community Complex Meeting Room Ball Diamonds • Craighurst - no lights • Hawkestone - no lights • Lions 1 - lights • Lions 2 - lights • Shanty Bay - no lights • Vasey 1 - lights • Vasey 2 - no lights • Warminster - no lights Soccer Pitches • Warminster • Ramey Memorial Park Pavilions Memorial Park - Small Large Vasey Park Community Halls • Jarratt • Edgar • Eady • Carley • Warminster • Hawkestone • Craighurst Halls have varied amenities. Rates are established by volunteer boards and differ from location to location. SCHEDULE F ICE TIME RENTAL RATES *Rates inclusive of GST Ice Rentals: Available second week in September-First week of April Effective Date: Prime Time (4:00 pm to close and all day Saturday, Sunday, and Statutory Holidays) Non-Prime Time (6:00 am to 3:59pm Monday through Friday) Non-Prime Time (S.C.D.S.B with Joint Use Agreement) (6:00 am - 4:59 pm Monday through Friday) $38.00/hr FREE SKATING 8 Hours of Ice Time Monday-Friday between the hours of 6 am and 5:00 pm to be used for skating per School in the Township of Oro-Medonte. Non-Ice Rentals (Arena Floor Space 1,000 people max) Effective Date: January, 2009 Adult for events/show Regular Rate $49.00 /hr SCDSB Rate $29.00/hr Minor Floor (1,000 persons max) Floor (1,000 persons max) $545.00/day January 2009 $130.00 $77.00 $77.00 $23.00/hr $327.00/day for events/show with dancing/music $605.00/day $340.00/day /2 Schedule F continued Banquet Hall (250 persons max) Regular Rate SCDSB Rate Event/ Dance $290.00/day $174.00/day Meetings $28.00/hr $15.00/hr Tournaments $164.00/day $98.00/day Old Town Hall (accommodates 85 people) Regular Rate SCDSB Rate $25.00 $15.00/hr $107.00 $64.00/day Ian Beard Community Complex Room Accommodates 50 people arranged theatre style seating and 40 people sitting at tables. Two coffee makers available (65 cup and 12 cup) renter must supply own coffee, etc. Roll-down screen available for presentations. Regular Rate $12.00/hr SCDSB Rate $7.00/hr /3 Schedule F continued Ball Diamond Rentals Regular Rate SCDSB Rate Adult with Lights $26.00/hr See Below* Adult without lights $13.00/hr See Below* Minor with Lights $22.00/hr See Below* Minor without lights $ 9.00/hr See Below* Parks and Pavilions Regular Rate SCDSB Rate Large Pavilion $52.00/day See Below* Hydro - accommodates up to 200 people - includes basketball court on opposite side of road Small Pavilion $39.00/day See Below* Hydro - accommodates up to 125 people - includes basketball court on opposite side of road Vasey Pavilion $50.00/day See Below* Includes use of ball diamond accommodates 120 people max Tree Use of Outdoor Amenities i.e. Baseball Diamonds, Soccer Pitches, and Pavilions during normal school hours