Loading...
2013-108 Agreement with Simcoe County Dristrict School BoardTHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2013 -108 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 did, on April 22, 2009 amend the Joint Use Agreement with The Simcoe County District School Board (SCDSB) and extended 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 21, 2012; AND WHEREAS Council of The Corporation of the Township of Oro - Medonte did, on November 7, 2012, further amend the Joint Use Agreement with The Simcoe County District School Board (SCDSB) and extended the educational and recreational use of existing facilities of the Simcoe County District School Board and the Township of Oro - Medonte to expire on August 31, 2013; AND WHEREAS Council of The Corporation of the Township of Oro - Medonte deems it desirable to further amend the Joint Use Agreement; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 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 1st day of September, 2013 and shall continue until August 31, 2014 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, SECOND AND THIRD TIME, AND PASSED THIS 26TH DAY OF JUNE, 2013. N OF THE TOWNSHIP OF ORO- MEDONTE r, H.S. JA4ghes las Irwin BETWEEN: JOINT USE AGREEMENT 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 day of J vvt t , 2013 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 31st day of August, 2013; 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 1st day of September, 2013 and shall continue until August 31, 2014 (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 30 of the Joint Use Agreement. 3. It is further acknowledged and agreed that in accordance with the provisions of Section 15 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 "J" and "K" 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 15 of that Agreement defines. 4. Schedule "I" has been updated and is attached as Schedule "L" 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 18 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 Per: Kathryn WAllace Director df Educ ion Per: %A No Chairperson We have authority to bind the Corporation THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE A Per' U M A. D¢ugra Irwin kr' Cler We have authority to bind the Corporation SCHEDULE J ORO MEDONTE SCHOOLS w INDOOR OUTDOOR W W w F V c R W J Q Z p J m = } H SCHOOL � Q y a �, w CO � w o a o m w z a a. a w m PROPERTY ISSUES o O v c w LL w = Y 0 U O z ~ w N V ~ m Q OLL Cn a East Oro P.S. Single 2292 533 1 2 2 Indoor Facilities not available for summer use Guthrie P.S. Single 2490 579 2 1 Indoor Facilities not available 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 w 5 ii SCHEDULE K 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 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 • Hawkestone Halls have varied amenities. location to location. Rates are established by volunteer boards and differ from r 5 SCHEDULE L 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) September 2012 $168.00 $104.00 $104.00 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 Effective Date: April 4, 2012 Regular Rate SCDSB Rate Adult $53.00 /hr $31.00 /hr Minor $41.00 /hr $25.00 /hr Floor (1,000 persons max) for events /show $589.00 /day $345.00 /day Floor (1,000 persons max) for events /show with dancing /music $653.00 /day $352.00 /day 0 6 Schedule L continued Banquet Hall (250 persons max) Ball Diamond Rentals Regular Rate SCDSB Rate Event/ Dance $323.00 /day $189.00 /day Meetings $32.00 /hr $17.00 /hr Tournaments $183.00 /day $108.00 /day Old Town Hall (accommodates 85 people) $12.00 /hr See Below* Regular Rate SCDSB Rate $28.00 /hr $16.00 /hr $120.00 /day $69.00 /day Ball Diamond Rentals Parks and Pavilions Regular Rate SCDSB Rate Large Pavilion $62.00 /day See Below* Hydro — accommodates up to 200 people - includes basketball court Small Pavilion $48.00 /day See Below* accommodates up to 125 people - includes basketball court Vasey Pavilion $62.00 /day See Below* Includes use of ball diamond accommodates 120 people max *Free Use of Outdoor Amenities i.e. Baseball Diamonds, Soccer Pitches, Tennis Courts and Pavilions during normal school hours Regular Rate SCDSB Rate Adult with Lights $31.00 /hr See Below* Adult without lights $16.00 /hr See Below* Minor with Lights $26.00 /hr See Below* Minor without lights $12.00 /hr See Below* Parks and Pavilions Regular Rate SCDSB Rate Large Pavilion $62.00 /day See Below* Hydro — accommodates up to 200 people - includes basketball court Small Pavilion $48.00 /day See Below* accommodates up to 125 people - includes basketball court Vasey Pavilion $62.00 /day See Below* Includes use of ball diamond accommodates 120 people max *Free Use of Outdoor Amenities i.e. Baseball Diamonds, Soccer Pitches, Tennis Courts and Pavilions during normal school hours