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HomeMy WebLinkAboutKIN 98 069 Bluwater District Bd .- · · · THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW BY-LAW NO. 1998 - 69 A BY~LA W TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH THE BLUEW A TER 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 Bluewater 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 Bluewater 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 "Bluewater District School Board Facilities Sharing Agreement By-law". READ a FffiST and SECOND time this 3rd day of December, 1998. READ a THIRD time and FINALLY PASSED this 3rd day of December, 1998. ßJ,P.,~" ,(·4 , Mayor /' - e . ~.....~ ~ ,. THIS AGREEMENT made this 19 th day of November, 1998. BETWEEN: THE BLUEWATER DISTRICT SCHOOL BOARD hereinafter called the "Board" THE PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWN OF KINCARDINE hereinafter called the "Town" THE PARTY OF THE SECOND PART WHEREAS the Town developed and implemented the "Kincardine Athletic Field Development Pian° in order to provide a track, field and soccer "Facilities" within the Town. AND WHEREAS these facilities (as defined on Schedule "A" attached hereto) have been used by the Board for the benefit of its students, pursuant to an Agreement between the Board and the Town dated November 3, 1998, which Agreement has expired. AND WHEREAS THE Board has agreed to contribute $5,000.00 to upgrading the track, including resurfacing and installing new lines at the Davidson Centre. NOW THEREFORE THIS AGREEMENT WITNESS THAT in consideration of the premises and the sum of$1 0.00 of lawful money of Canada now paid by each of the parties hereto, one to the other, (the receipt of which is hereby acknowledged), the parties hereto agree as follows: 1. The Board will pay the Town the sum of $5,000.00 towards the cost of upgrading the track including resurfacing and drawing new lines at the Davidson Centre. 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. Provided that -. e e "--.-.».,. .. . the Board shall have use of the facilities referred to in Schedule "A" during the months of March, April, May, June, September and October, from Monday to Friday inclusive in each and every week from 9:00 a.m. to 5:30 p.m., local time, pursuant to a schedule submitted by the Board and approved by the Town's Director of Recreation in June of each year M amended from time to time bv mutual Aareement. 3. The use of the said facilities by the Board shall be supervised by a teacher or other designated employee of the Board. Should the Board require the use of change rooms at the Davidson Centre, the Board shall make such arrangements directly with the Facilities Manager for the Davidson Centre for Kincardine & District at least forty-eight hours in advance of the required use. 4. The Board agrees to continue to operate and maintain a playing field at Kincardine & District Secondary School during the term of this Agreement. 5. This Agreement shall be for a term of ten (10) years commencing from the first day of September 1998, and shall be binding upon the parties hereto, their successors and assigns. This Agreement may be terminated by either party but only to be effective August 31st of the year notice of termination Is given or the following year if served after the 31st day of August of the year service was given. Such notice to be served by registered or certified mail to the other party. In the event the Town terminates the Agreement, a pro-rata refund of the said $5,000.00 will be made to the Board for each year of the unexpired term of the Agreement. 6. Comorehensive Liabilitv Insurance shall be maintained as follows: (1) 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". The Board will cause the Town to be added as an additional named insured to its comorehensive insurance policy relatina to the use of the "Facilities". (2) The Town will maintain insurance to cover any/all of its activities, and any/all related accidents that may occur on said "Facilities". The Town will cause the Board to be added as an additional named insured on its comorehensive insurance policy relatina to the use of said "Facilities". 7. The Board and the Town, will from time to time, execute and deliver to the other, any document or documents that the other reasonably requires to given effect to the terms of this Agreement. . -. . e > .... '"".. .... 8. In the event that any covenant, provision or term of this Agreement should at any time by held by any competent tribunal to be void or unenforceable, then the Agreement shall not fail but the covenants, provisions or the terms shall be deemed to be severable from the remainder of this Agreement, which shall remain and continue in full force and effect for the duration of its term. 9. In the event of a disagreement as to any of the terms or provisions of this Agreement, the parties agree to submit the same to arbitration, pursuant to the Arbitrations Act in effect in the Province of Ontario from time to time. 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 the Presence of ~~ or ) THE BLUEWA TER DISTRICT ) SCHOOL BOARD. ) ) ) ) ) ~d~41/~~ See ary ) ) ) THE CORPORATION OF THE .) TOWN OF KINCARDINE ) ) ) ) ) ) ) ) i11Þ _~~ Mayor Q~~hn u. Clerk . -. . e ,ý' "'....,.,-;,. .... I .... Schedule "A" The Athletic Fields Development Plan includes the following projects and are known as the "Facilities" in this Agreement. Davidson Centre for Kincardine & District .' .. 4....: 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