HomeMy WebLinkAboutKIN 98 057 Agree-Catholic Schl
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THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW
BY-LAW NO. 1998 - 57
A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH THE
BRUCE-GREY CATHOLIC DISTRICT SCHOOL BOARD FOR THE SHARING
OF FACILITIES
WHEREAS The Corporation of the Town of Kincardine deems it expedient to enter into
an Agreement with the Bruce-Grey Catholic District School Board for the sharing of the
Town's and the School Board's facilities;
NOW THEREFORE the Council for The Corporation of the Town of Kincardine
ENACTS as follows:
1. That the Mayor and Clerk be authorized to sign, on behalf of The Corporation of
the Town of Kincardine the Agreement with the Bruce-Grey Catholic District
School Board, attached to this by-law and to affix the Town's corporate seal as
and when required.
2. That this by-law shall come into full force and effect upon its final passage.
3.
That this By-law may be cited as the "Bruce-Grey Catholic District School Board
Facilities Sharing Agreement By-law".
READ a FIRST and SECOND time this 1 51 day of October, 1998.
READ a THIRD time and FINALLY PASSED this 1st day of October, 1998.
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TInS AGREEMENT made in duplicate this 1/)'1' day of October, 1998.
BETWEEN:
THE BRUCE-GREY CAmOLIC DISTRICT SCHOOL BOARD
hereinafter called the "Board"
TIlE PARTY OF TIlE FIRST PART
-AND-
THE CORPORATION OF THE TOWN OF KINCARDINE
hereinafter called the "Town"
TIlE PARTY OF TIlE SECOND PART
WHEREAS the Town is in the process of upgrading the trsck at the Davidson Centre in Kincardine, which
includes resurfacing and installing new lines;
AND WHEREAS the Board in its motion number 98-065 agreed to contribute $3,000. as its share of the cost
of this project, subject to both parties agreeing to renew the existing 10-year agreement (made on December
15,1988) for a further ten (10) years ending on August 31, 2008.
NOW TIŒREFORE WITNESSETII that in consideration of other good and valuable consideration and the
sum of~ DOLLARS ($10.00) ofiawful money of Canada, now paid by each of the parties hereto, (the
receipt whereof is hereby acknowledged) and the further consideration of the Board contributing the sum of
3,000., the parties hereto covenant, promise and agree with each other as follows:
1. The Board will grant the Town the sum of$3,Ooo towards the cost upon execution of this agreement,
upgrading the Davidson Centre Track. ;.~
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2. The Town agrees to permit the Board use of the Facilities (which are more particularly described
in Schedule· A· attached) as scheduled by the mutual agreement of both parties or their authorized
representatives. A schedule shall be submitted by the Board and approved by the Town's Director
of Recreation in June of eãCh year for all facilities with the exception of the St. Anthony's School
soccer field. The approved schedule may be amended from time to time.
3. The Board acknowledges that one of the soccer pitches is located on the St. Anthony's Separate
School yard located on Part of Park Lot 2, west side of Huron Road and that it will be available for
public use at mutually agreed upon time between both parties or their authorized representatives.
4.
The use of the said facilities by the Board shall be supervised by the teacher or other designated
employee of the Board. Should the Board require the use of change rooms at the Davidson Centre,
such arrangements shall be made directly with the Facilities Manager for the Davidson Centre for
Kincardine & District forty-eight hours in advance of the required use.
5.
a)
i) The Board will maintain insurance to cover any/all of its activities, and any/all related
accidents that may occur on the "Facilities· listed on Schedule "A·.
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ii) The Board will cause the Town to be added as any additional named insured to their
insurance policy as to accidents occurring on said "Facilities".
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b)
iii) The Town will cause the Board to be added as an additional named insured to their
insurance policy, as to accidents occurring on said "Facilities".
6. This agreement supersedes the agreement made on December IS, 1988 between the Town and the
Bruce-Grey County Roman Catholic Separate School Board and shall be in effect until August 31,
2008.
7. The Board and the Town, will at any time and from time to time, execute and deliver to the other,
any document or documents, that the other reasonably requires to give effect to the terms of this
Agreement.
8. In the event that any covenant, provision or term of this Agreement should at any time be held by
any competent tribunal to be void or unenforceable, then the Agreement shall not fail but the
covenant, provision or term shall be deemed to be severable from the remainder of this Agreement,
which shall remain and continue in full force and effect mutatis mutandis.
9. Both parties hereto irrevocably attorn to the Courts and the Province of Ontario and agree that any
dispute between them shall be litigated in the Province of Ontario, and, in any event, all rights
between them shall be construed in accordance with the law in the Province of Ontario, in effect at
the material time.
. TInS AGREEMENT shall be binding on the parties, successors and assigns.
IN WITNESS WHEREOF the corporate seals of both Parties are hereunto affIXed under the hands of their
proper signing officers in that behalf.
SIGNED, SEALED AND DELIVERED IN TIlE
PRESENCE OF
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) SCHOOL BOARD ,J
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) THECORPORATIONOFTHETOWN
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SCHEDULE "A"
The Athletic Field Development Plan includes the following projects and are known as the "Facilities" in
.. this agreement:
Davidson Centre for Kincardine & District:
One new soccer pitch
One reconstructed soccer pitch
One all-weather track
Penetangore River Basin - Park Lot 24, N/S Durham, Plan 61
One new soccer pitch
Sf. Anthony's Separate School
One new soccer pitch
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