2016-005 Authorize the Execution of an Agreement Between the Township of Oro-Medonte and The Oro-Medonte Tennis ClubThe Corporation of the Township of Oro-Medonte
By -Law No. 2016-005
A By-law to Authorize the Execution of an Agreement Between
The Township of Oro-Medonte and
The Oro-Medonte Tennis Club and to repeal By -Law No. 2011-050
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 Council deems it expedient to enter into an agreement with the Oro-
Medonte Tennis Club for utilization of the Horseshoe Valley Memorial Park Tennis
Courts, as documented in Motion No. C151209-18;
Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows:
That the Mayor and Clerk be authorized to execute the Agreement attached
hereto as Schedule "A" and forming part of this By-law.
2. That the agreement shall be in force and effect from the time of court opening to
court closing approximately April 15 to October 31 st, for a 5 year term
commencing in 2016 and subject to annual review, unless terminated in
accordance with the provisions contained therein.
3. That By -Law No. 2011-050 is hereby repealed in its entirety.
4. This by-law shall take effect on the final passing thereof.
By -Law Read a First, Second and Third time, and Passed this 13th day of January,
2016.
The Corporation of the Township of Oro-Medonte
Mayor, H.
Clefk; I Dodblas Irwin
Schedule "A" to By-law No. 2016-005
This Agreement made this q- day of ` z-( r , 201
BETWEEN:
The Township of Oro-Medonte
(hereinafter called "the Township")
- and -
The Oro-Medonte Tennis Club
(hereinafter called "The Club")
WHEREAS The Club has the intention of utilizing the Horseshoe Valley
Memorial Park Tennis Courts, hereinafter referred to as "The Courts";
AND WHEREAS all parties wish to clarify the conditions affecting use of the
courts;
NOW THEREFORE the parties hereto covenant and agree each with the other
as follows:
1. Term of Agreement
This Agreement shall be in force and effect from the time of court opening to
court closing approximately April 15 to October 31St, for a 5 year term
commencing in 2016 and subject to annual review.
2. Use of Facility
(a) In accordance with this Agreement the Club is hereby entitled to use The
Courts for their scheduled programming, events, league play, lessons and camps.
(b) The Court facilities, which The Club shall be entitled to use for the duration of
this Agreement, shall include the following:
(i) The Tennis Courts
(ii) Oro-Medonte Storage Shed - for access to services and storage as
required.
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Schedule "A" to By-law No. 2016-005
3. General Conditions of the Tennis Court Agreement
(a) The Recreation and Community Services Department may cancel this
Agreement upon notice at any time if The Club does not meet the
obligations set out therein including timely payment.
(b) The Club must comply with all Federal and Provincial laws and Township
By-laws, and with all Township policy and procedures.
(c) The Club is prohibited from selling or distributing articles in any facility
without prior written consent from the Director of Recreation and
Community Services. Exception: used equipment, tennis racquets and
tennis supplies to participants.
(d) The Club agrees to follow all posted rules and regulations of the courts.
All activities must be conducted in a professional manner.
(e) The Club will be permitted to use the storage shed for storage of club
equipment. The use of this of the storage shed will at the risk of the club.
The Township will not be held liable for loss from damage, theft, or other.
(f) The Oro-Medonte Tennis Club will be permitted to place a storage shed
adjacent to the tennis courts for storage of club equipment and assets. This
will be at the risk of the club. The Township will not be held liable for loss
from damage, theft, or other.
(g) The Township will work with the club to ensure the courts are maintained
to the Township's standards. The Township will not provide maintenance
such as rolling or squeegee of the courts.
(h) Club Times — The Club will be allocated time for its programming on an
annual basis as approved by the Director, Recreation and Community
Services. Vacant courts during OMTC times will be open to public. The
courts will be signed accordingly.
(i) The Club may request additional times for programming and special
events. The requests must be made in writing providing a minimum of 14
days' notice to the Director of Recreation and Community Services. The
approval of the times shall be at the discretion of the Director, Recreation
and Community Services.
(j) The Township reserves the right to alter club times to accommodate
Township programs or events by providing a minimum of 14 days' notice
to the Club.
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Schedule "A" to By-law No. 2016-005
(k) The club shall endeavor to provide membership priority to residents of the
Township
(1) The Club shall agree to fulfill all of its obligations in compliance with the
Occupational Health and Safety Act, and further agrees to take
responsibility for any health and safety violation that may occur.
Furthermore, if the Township (or any of its agents, officers, directors, or
employees) shall be made a party to any charge under the Occupational
Health and Safety Act in relation to any violation of the said Act arising
out of this agreement, the Club shall indemnify and save harmless the
Township from any and all charges, fines, penalties, and costs that may be
incurred or paid by the Township.
4. Payment
(a) The Club hereby agrees to contribute an annual payment to the Municipality.
The payment will be kept in a facility replacement reserve fund for the tennis
courts maintenance or upgrade needs as determined by the township.
(b) Payment will be as follows:
a. 2016
$1000
b. 2017
$1000
c. 2018
$1000
d. 2019
$1000
e. 2020
$1000
Payment shall be made in installments commencing one month following the
season opening of the courts — 50% by June 1 and 50% by September 1
5. Keys
(a) The Township shall supply 6 keys to the Oro-Medonte storage shed.
(b) Keys cannot be consigned to others unless The Club has obtained the prior
written approval of the Township.
6. Court Locks
(a) The Courts will have a code locking system in place. The codes will be
changed regularly. Upon changing the codes, the Township will notify the
primary contacts for the club who will be responsible to notify its
membership.
7. Adherence to Legislation, By-laws and Policy
(a) The Club agrees to assure that its use of the courts, including the storage
shed, shall conform to all relevant Township by-laws and policy,
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Schedule "A" to By-law No. 2016-005
Provincial/Federal legislation and the regulations of the Liquor License
Control Board of Ontario.
8. Requirements Regarding Serving Alcohol:
(a) Compliance is required with the Township Municipal Alcohol Policy. The
Club will be held solely liable for injuries and/or damages arising from
failure to adhere to Township policy and regulatory requirements.
9. Record Keening
The Club agrees to maintain an accurate count of participation numbers. The Club
agrees to maintain all necessary records for the duration of this Agreement and to
provide information relative to attendance and usage of courts to the Township
upon request.
The Township shall track number of public members and shall share this
information with the Club upon request.
10. Removal of Offending Patrons
Township employees shall have the right to refuse admission to any person or
persons to the courts, or may require that any person leave or be removed from
the courts.
11. Damage to the Premises
The Club agrees to assume responsibility for all costs relating to repairs to The
Courts and contents resulting from misuse of the facilities by The Club or its
guests. The Club shall not be held liable for any costs relating to the misuse of the
Courts by the Public Members.
12. Use of Township Symbol or Logo
The use of The Township symbol or logo is not permitted and is strictly
prohibited without written consent as per Township Policy POL-ADM-19.
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Schedule "A" to By-law No. 2016-005
13. Accessibility Regulation
Contracted Employees, third party employees, agents and others that provide
customer service are legally responsible with the provisions outlined in Ontario
Regulation 429/07 with respect to training. The Club shall ensure that such
training includes, without limitation, a review of the purposes of the Act and
requirements of the regulation, as well as instruction regarding all matters set out
in the regulation. By signing this agreement, the Club has agreed to be in full
compliance with this regulation.
14. Insurance
Prior to execution of this Agreement by the Township, the Club shall provide
proof of liability insurance covering liability in a minimum amount of Two
Million Dollars ($2,000,000.00). The said insurance must be with an insurer
satisfactory to the Township, and the policy shall show loss payable to the
Corporation of the Township of Oro-Medonte and Club jointly.
15. Termination Upon Notice Without Cause
The Township shall have the right to alter/terminate this Agreement, in whole or
in part, at its sole discretion without liability upon:
(a) completion the Term of the said agreement or;
(b) upon annual review or;
(c) by providing 30 days written notice to the club
16. Termination Upon Notice With Cause
The Township may terminate this Agreement forthwith, without liability, and
without limiting any of its other rights or remedies, upon written notice to The
Club if:
(a) The Club is in breach of, or attempts to breach, any of its obligations under
this Agreement;
(b) The Club is unable to pay its debts when due, subject to 15 (b) (i), or is
insolvent, is ordered or adjudged to be bankrupt, is placed in the hands of
a receiver, enters into any scheme or composition with her creditors, is
dissolved, liquidated or wound up, or makes any assignment for the
benefit of their creditors; or
(c) Either party is unable to carry out their obligations under this Agreement by
reason of a Force Majeure, meaning any bona fide delay or state of affairs
beyond the control of a party (other than as a result of financial incapacity)
which shall cause any party to be unable to fulfill or to be delayed or
restricted in the fulfillment of an obligation.
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Schedule "A" to By-law No. 2016-005
17. Club Assets
In the event of the termination of this agreement the club shall be responsible for
the removal of its assets. The Club assets include windscreens, aluminum benches
and the Club storage shed. All other courts assets including the backboard and
divider screen will remain property of the Township of Oro-Medonte.
18. Assignment
The Club may not assign this Agreement or any of its rights hereunder or assign or
delegate any of its obligations hereunder without the prior written permission of the
Township. Any such assignment shall be null and void. This Agreement and The
Club's rights and obligations hereunder may be assigned by the Township. This
Agreement shall bind and inure to the benefit of the parties hereto and their
respective and permitted successors and assigns.
19. Entire Agreement
This Agreement contains the entire agreement between The Club and the Township
and supersedes any prior agreement, obligation, statement, representation,
understanding, warranty or communication, whether oral or written. No waiver or
modification of any provision of this Agreement shall be binding unless it is in
writing and signed by each of the parties.
20. Indemnification
The Township shall be under no liability whatsoever to any person, firm or
Corporation for any damages or injury, including death, to any person or persons
caused by or resulting from the use of the Courts by the Club, his servants or
agents, and Licensee shall, from time to time, and at all times hereafter, protect,
indemnify and forever save and keep harmless the Township, and / or its officers,
agents and servants, against any damage, penalty, fire claim, judgment, costs,
expense or charge suffered, imposed, assessed or incurred for any violation or
breach of any law occasioned by any act, neglect or omission of the Licensee or
his servants or agents.
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Schedule "A" to By-law No. 2016-005
21. Notice
Any notice required or permitted to be given hereunder shall be given in writing
and shall be deemed to have been received (i) upon personal delivery, or (ii) five
days after being deposited in the Canadian mail system, whether by registered or
certified mail, express mail, or postage prepaid, where addressed to either party at
the addresses set forth herein. Either party may change its address for the purpose
of notice by giving written notice to the other party of such change.
Notice under this Agreement shall be provided to:
TO: OMTC
Attn: Jan Novak
8 Fairway Court, RR-
1_--
�T� c, -/C'- ,i; tQ- -- �! r
Telephone Number: (705) 790 4790 and / or 835 5985
AND TO: The Corporation of the Township of Oro-Medonte
148 Line 7 South
Oro-Medonte, Ontario LOL 2E0
Attention: Director, Recreation and Community Services
Telephone Number: (705) 487-2171 Extension 2127
Fax Number: (705) 487-0133
SIGNED, SEALED and DELIVERED by the parties hereto:
Signed in the presence of:
l
in the presence of:
The Corporation of the Township of Oro-
Medonte
Per:
Han
Per:
Dou
The Oro-Medonte
Per:
Club
We have the authority to bind The Oro-
Medonte Tennis Club
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