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2011-004 MOU OFSC - Orillia District Snowmobile ClubBV -LAW NO. 2011-004 A By -law to Authorize the Execution of a Memorandum of Understanding between The Township of Oro - Medonte and the Ontario Federation of Snowmobile Clubs Local Snowmobile Club, Orillia District Snowmobile Club For the 2010/2011 and 2011/2012 Seasons and to Repeal By -law No. 2010 -193 WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, Section 224, as amended, states that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council; AND WHEREAS the Council of The Corporation of the Township of Oro - Medonte deems it expedient to enter into a Memorandum of Understanding with the Ontario Federation of Snowmobile Clubs - Local Snowmobile Club, Orillia District Snowmobile Club for the 2010/2011 and 2011/2012 seasons; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. That the Clerk is hereby authorized to execute the Memorandum of Understanding between The Corporation of the Township of Oro - Medonte and the Ontario Federation of Snowmobile Clubs - Local Snowmobile Club, Orillia District Snowmobile Club attached hereto as Schedule "A" and forming part of this By -Law. 2. That By -law No. 2010 -193 is hereby repealed. 3. That this by -law shall take effect on the final passing thereof. '= 'D A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 12 TH DAY OF JANUARY, 2011. Irwin Appendix "1" to Schedule "A" to By -Law No. 2011 -004 1. Line 5 North from Bass Lake Side Road to Horseshoe Valley Road in its entirety. 2. Line 5 North from approximately 100 metres south of Railway Line to the top of the hill on Line 5 approximately 1 km north of Horseshoe Valley Road. 3. Line 5 North approximately 1 km north of Horseshoe Valley Road for a distance of 1 km. 4. Line 6 North from Bass Lake Side Road North approximately 1.5km to the South Side of Sugarbush. 5. Line 6 North from Mount St. Louis Road approximately 650 metres to the top of the hill. 6. Line 9 North of Bass Lake Side Road in its entirety to the bottom of the hill at Gold Mountain Springs (opened Road Allowance) approximately 1.5km long. 7. Line 11 North from Old Barrie Road to Bass Lake Side Road in its entirety. 8. Rail Trail from Line 5 to Woodland Drive. The Orillia District Snowmobile Club shall be responsible for an annual inclusive contribution of $500.00 to the Transportation Reserve Fund. Refer to Resolution No. C101013 -22 Council October 13, 2010 ONTARIO FEDERATION OF OFSC SNOWMOBILE TRAIL _ O . r SNOWMOBILE CLUBS _ 106 Saunders Road, Unit 12, Barrie, Ontario L4N 9A8 Schedule "A" to By—Law N o . 2011-004 Tel: 705-739-7669 Fax: 705-739-5005 MEMORANDUM OF UNDERSTANDING (PLEASE PRESS HARD AND PRINT OR TYPE) On this 12 day f Januar 201 1 y year _ I, the undersigned, owner /occupier of the premises that is lot# Attached as Appendix 1 concession# or other in the Township of Oro - M e d o n t e County/District/Region of S imc o e do hereby give the undersigned named local snowmobile club, as a member in good standing of the Ontario Federation of 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: 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 permit members on the designated premises, save and except the negligence of the 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 permit 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, C.M.44; and the Occupiers Liability Act R.S.O. 1990, C.O.I. LANDOWNER/OCCUPIER LOCAL SNOWMOBILE CLUB NAME Township of Oro- Medonte N ADDRESS 148 Line 7 South, ox ADDRESS Q" a ` �.3d6 PHONE 7 0 5 7 71 PHONE o. SIGNA SIGNATURE J , Uo*9 Irw -in, ule-E& LOCAL SNOWM BILE CLUB—CONTACT PERSON NAME & PHONE: OFSC DISTRICT GOVERNOR NAME & PHONE artrj 6 RIT -rG� MAbbo --TbS- 136 s- — 4-2 7 3 White copy — owner /occupier yellow copy — club pink copy -OFSC office Form date: 07/2000