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HomeMy WebLinkAboutTIV 83 002 agree use of arena . .... '. . . CORPORATION OF THE VILLAGE OF TIVER'IDN BY-LAW NUMBER 83-2 II " i Being a by-law to authorize the execution of' an agreement with the Township of' Bruce and the Township of' Kincardine to share in the expenses of' the arena portion only of' the Community Centre located on McKay street in the Village of Tiverton. The Council of the Corporation of' the Village of Tiverton HEREIN ENACTS AS FOUDWS: 1. That the Reeve and Clerk be and they are hereby authorized on behalf' of the Corporation, to execute an agreement with the Township of Bruce and the Township of Kincardine, a copy of which is attached hereto and forms part of this by- law and to affix thereto the Corporate seal of' the village. READ A FIRST, SEOOND AND THIRD TIME AND FINALLY PASSED, SIGNED AND SEALED THIS 26th DAY OF APlUL 1983. ~~. / ,,- ILa4fJ ~bJ (I CI.mK II , ~i I " 'I .- II 'I Ii I' !I II II II II II ,¡ II Ii I Ii , 111e ~ I II . . .' THIS AGREEMENT made in duplicate this / :l day of ~ 1983. BETWEEN : THE CORPORATION OF THE VILIAGE OF TIVER'IDN (Hereinafter called "Ti verton" ) OF THE FmST PART -6.Ild... THE CORPORA TION OF THE 'IDWNSHIP OF BRUCE (Hereinafter called "Bruce") OF THE SEOOND PART -6.I1d... THE OORPORATION OF THE 'IDWNSHIP OF KINCARDINE (Hereinafter called "Kincardine") OF THE THmD PART. WHEREAS TIVER'IDN is the owner of a community centre located in the Village of Ti verton. AND WHEREAS the residents of TIVER'IDN, BRUCE, and KINCARDINE use the said community centre. AND WHEREAS TIVER'IDN is desirous of entering into an agreement with respect to the use of the arena portion only of the said community centre. AND WHEREAS Section 208 (28) of The Municipal Act, R.S.O. 1980, Chapter 302 provides that by-laws may be passed by councils of all municipalities With any other municipality or person for entering into agreements for the use of cOlllDunity centres. AND WHEREAS the parties hereto agree that any disagreement arising out of this agreement shall be referred to and determined by The Ontario Municipal Board pursuant to Paragraph 208 (9) of The Municipal Act, R.S.O. 1980, Chapter 302. AND WHEREAS the parties haveto have passed respective by-laws for the entering into of this agreement, which by-laws or by-law number .:1.-83 for TIVER'IDN, and by-law number -<13 for KINCARDINE, and by-law number -<13 for BRUCE. row WITNESSETH that this agreement that in consideration of the premises, the parties hereby covenant, promise and agree with the other as follows: 1. The arena located in the community centre located at McKay Street in the Village of Tiverton shall be used jointly by the residents of TIVER'IDN, KINCARDINE, and BRUCE. 2. An arena board shall be created and shall manage the arena and such c:ommittee shall be composed of five (5) members, as follows: three (3) mElllbers from the council of TIVER'IDN, one (1) member from the council for KINCARDINE, and one (1) member from the council of BRUCE. . .. " II , I' I' !i II !I I I 'I- ¡e I , _,' - SIGNED, SEALED AND DEL.lvJ!òHW II in tbe~:senc:e of: il 'I 'f 4'. I i , I ~ ~ -2- 3. The cost of operating and maintaining the arena portion only of the cOlllDunity centre shall be shared by the parties to this agreement on the besis of an equal one-third contribution toward the cost provided that such one-third cozrt.ribution shall not be less than $5,000.00 per annum. 4. The parties hereto agree that they shall share equally in the cost of any and all future capital expenditures incurred with respect to the arena provided that the amount of the contribution of the parties shall be negotiated prior to the time of the capital expenditure is incurred. 5. The parties hereto agree that the payment required to be made pursuant to Paragraph 3 above shall be paid by KINCARDINE and BRUCE upon receipt of an invoice from TIVER'IDN. 6. Notwithstanding anything referred to above, the parties hereto agree and confirm that TIVER'IDN as the Municipality establishing the board shall remain the sole owner of the arena located at McKay street. 7. This agreement shall terminate on the 31st day of December, 1985 and failing two months' written notice by one party to the other, shall continue for another year and so on from year to year. Any written notice given as aforesaid shall terminate the agreement as of the 31st day of December in the year in which the notice is given. IN WITNESS WHEREDF the said Corporations have hereunto affixed their corporate seals duly attested to by the hands of their proper signing officers duly aul;horized in that behalf'. .' ) ~ ~~:!RPORA~TION OF THE v II.TJ\GE OF ) PER: ~ PER: ) THE OORPORATION OF THE 'IDWNSHIP ) OF KINCARDINE ) PER: ~ PER: j .- . -./ - THE OORPORATION OF THE 'IDWNSHIP OF BRUCE PER: PER: . ~ i ~ ~ ~ ~ ä:! ~ e-o ¡:Q "" "" "" 0 0 0 ~ ~ ~ iJ5 I e-o ~ ! z ß f%l ~ ~ ::;: f.< ~ 0 OJ f%l +> e-o '8 . . f%l CD 0 II<. !ê "" !ê "" ø:: ;q ~·S 0 0 0 ~ <C. Z ...: z è ~ c8 þ+> ¡:¡ § <C ~~ª~~ e-o ~ ø:i ø:i I .. ~ ~ <$~J~~ .. il I 8 8 8 tI)",¡:Q 1iI ~ fI1 ~ ~ §]~~åª ¡:g Ii ~ e-o . . ~,~~ ... I . . '.