2002-061 To authorize the execution of a supplementary agreement between Township of Oro-Medonte, City of Barrie, City of Orillia and the Lake Simcoe Regional Airport Commission
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2002-061
Being a By-law to Authorize the Execution of a Supplementary Agreement
between The Corporation of the Township of Oro-Medonte,
The Corporation of the City of Barrie, the Corporation of the City of Orillia
and the Lake Simcoe Regional Airport Commission
for the Operation and Management of Lake Simcoe Regional Airport
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WHEREAS s. 207, paragraph 5 of the Municipal Act, RSO 1990, c.MA5, as amended,
authorizes a Municipal Council to pass a by-law for entering into and performing of any
agreement with any other Council for fulfilling, executing or completing at their joint
expense and for their joint benefit any service within the jurisdiction of the Council;
AND WHEREAS s. 207 paragraph 10 of the Municipal Act, RSO 1990, c.MA5, as
amended, further authorizes, inter alia, a Municipal Council to pass a by-law for
establishing, operating, maintaining and improving aerodromes in compliance with the
Air Regulations (Canada);
AND WHEREAS, pursuant to the provisions of s. 207 paragraph 10 of the Municipal
Act, RSO 1990, c.MA5, as amended, a Council is also empowered to entrust the
control and management of any aerodrome so established to a Commission appointed
by Council;
AND WHEREAS, pursuant to the provisions of s. 207 paragraph 10 subparagraph (a)
of the Municipal Act, RSO 1990, c.MA5, as amended, a Council may acquire land in
the municipality or in an adjacent or adjoining municipality or in any adjacent or
adjoining territory with municipal organization, or may acquire by lease or otherwise, an
existing aerodrome in the municipality;
e AND WHEREAS, the Township of Oro-Medonte, the City of Orillia and the City of Barrie
previously entered into a Joint Venture Agreement dated May 2, 1990 to establish an
aerodrome in the Township of Oro-Medonte, now known as the Lake Simcoe Regional
Airport, to service all three municipalities and to provide for the joint exercise in
connection with such aerodrome of all powers and rights contained in the said s.207
paragraph 10 of the Municipal Act, RSO 1990, c.MA5, as amended;
AND WHEREAS, the Township of Oro-Medonte, the City of Orillia and the City of Barrie
established a commission pursuant to s.207, paragraph 10 of the Municipal Act, RSO
1990, c.MA5, as amended, to manage, operate, maintain, and improve the Lake
Simcoe Regional Airport which commission was incorporated by Letters Patent in
accordance with the laws of the Province of Ontario as a corporation without share
capital known as the Lake Simcoe Regional Airport ;
AND WHEREAS the Township of Oro-Medonte, the City of Orillia and the City of Barrie
have entrusted the management, operation, maintenance and improvement of the Lake
Simcoe Regional Airport to the Lake Simcoe Regional Airport Commission;
e AND WHEREAS the Parties hereto wish to provide for the continued management,
operation, maintenance and improvement of the Lake Simcoe Regional Airport to the
Lake Simcoe Regional Airport Commission;
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NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as
follows:
1.
That the Mayor and Clerk are hereby authorized to execute, on behalf of the
Township of Oro-Medonte, the Lake Simcoe Regional Airport Supplementary
Agreement, a copy of which is attached hereto and forms part of this By-law as
Schedule 'A'.
2. That this By-Law shall come into force and take effect on the final passing
thereof.
By-Law read a first and second time this 15th day of May, 2002.
By-Law read a third time and finally passed this 15th day of May, 2002.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
9- 7uJ~
MW6r, J. Neil Craig
SC}1CL~U~.C n~" t0
By-Law No. 20(72-06 J
LAKE SIMGOE REGIONAL AIRPORT SUPPLEMENTARY AGREEMENT
THIS AGREEMENT made this 10th day of June, 2002.
BETWEEN:
THE CORPORATION OF THE
GITY OF BARRIE
(hereinafter called "Barrie")
OF THE FIRST PART
-and-
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
(hereinafter called "Oro-Medonte")
OF THE SECOND PART
- and -
THE CORPORATION OF THE
GITY OF ORILLIA
{hereinafter called "Orillia")
OF THE THIRD PART
- and -
LAKE SIMCOE REGIONAL AIRPORT
(hereinafter called the "Corporation")
OF THE FOURTH PART
PREAMBLE:
(1) WHEREAS Barrie, Oro-Medonte and Orillia have entered into an Agreement for the
operation and management of Lake Simcoe Regional Airport dated the 10`h day of June, 2002
{hereinafter referred to as the "Agreement") {attached hereto);
(2} AND WHEREAS the Agreement imposes certain obligations upon the Corporation with
respect to the management of its business and affairs;
(3} AND WHEREAS this Agreement is entered into for the purpose of confirming the
obligations of the Corporation pursuant to the Agreement;
NOW THEREFORE THIS AGREEMENT WITNESSES that the parties hereto in
consideration of the premises and the mutual covenants and agreements hereinbefore
contained and expressed, MUTUALLY COVENANT AND AGREE as follows:
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1. The Corporation hereby acknowledges the receipt of a copy of the Agreement and hereby
agrees to manage its business and affairs in accordance with the terms thereof.
2. Barrie, Oro-Medonte and Orillia jointly and severally agree to promptly provide to the
Corporation any amendments or replacement of the Agreement that may be made from time
to time.
3. IN WITNESS WHEREOF the parties hereto have executed this Agreement under the hands
and seal of their duly authorized officers.
TIDE COI2PORAT IN OF THE
CI~1,Y OIi BAR~CIa~
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Mavor - .>> ~T ~~i;xt~l
C'Idrk - JO~iN R< SISSON
THE CORPORATION OF THE
TOWNSTIIP OF ORO-MET30NTE
Mavor
o-
Clerk
THE CORPORATION OF THE
CITY OF ORILI_IA ---~~,
a
Mayor
Clerk
LAKE SIMCOE REGIONAL AR?PORT
,,. - .~
President
p
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Vice-President
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The ~'it~r o, f
CITY' HALM P.O. BOX 400
70 GOLtIER STREET ~~~ BARRIE, ONTARIO
TEL. t705} 739-4204 '" L4M 4T5
FAX (705}739-4243
THE CORPORATION OF THE CITY OF BARRIE
City Clerk's Office
"Committed to Servtce Excellence"
January 27, 2009
File: C05
~ ,
Ian C.R. Brown, City Manager
City of Orillia
Orillia City Centre
50 Andrew St. S., Suite 300
Orillia, ON t3V 7T5
and
Rabin Dunn, CAO
Township of Oro-Medante
PO Bax 100, 14$ Line 7 S.
Ora, ON LOt 2X0
FEB 0 2 X009
C}RC?-MEt~CJiVTE
Re: take Simcoe Regional Airport -City of Orillia Withdrawal from the
Joint Venture Agreement
Further to the letter from the City of Orillia dated November 21, 2008, this letter is
intended to acknowledge and confirm all revisions to the Lake Simcoe Regional
Airport Agreement ("Agreement"} agreed to by the parties to the Agreement.
1. Barrie, Ora-Medonte and Orillia confirm that the requirement of section 12.01 of
the Agreement, requiring the delivery of one year's written notice of withdrawal,
is waived in connection with the withdrawal of Orillia from the Agreement.
2. Accordingly, effective November 21, 2008, Orillia withdraws from the
Agreement and confirms that it is not entitled to any rights under the
Agreement.
3. Orillia confirms that it remains obligated to make contributions for maintenance
operations, capital and borrowed monies in respect of ail amounts attributable
to the 2008 approved budget, even if such amounts are payable after
November 21, 2008.
4. Orillia confirms that it retains no right, title or interest (legal or beneficial) in any
property of the Lake Simcoe Regional Airport, including the LSRA lands
described. in the Agreement.
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please sign the enclosed copy of this letter to signify your concurrence with its
terms.
Yours truly,
The Corporation of the City of Barrie
Cit er ~~~
We concur with the terms set out above.
City of Qrillia
J. Douglas Irwin
Clerk
I have authority to bind the City of Orillia
Township of Qro-Medonte
11t5ave authari to ind the Township of
raMedonte