HomeMy WebLinkAboutBRU 90 014 agree board of educa
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THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 90-14
BEING A BY-LAW to authorize the entering into an agreement
between the Corporation of the Township of Bruce and the Bruce
County Board of Education for joint development of Bruce County
Board of Education and Bruce Townships abutting lands.
NOW THEREFORE the Council of the Corporation of the Township of
Bruce enacts as follows:
1. That the Corporation do enter into an agreement for joint
development of Bruce County Board of Education and Bruce
Townships abutting lands, which forms part of this by-law
and a copy of which is hereto attached.
2. That the Reeve and Clerk of the Corporation of the Township
of Bruce are hereby authorized to execute the said agreement
on behalf of the Corporation by their signatures and the
affixing of the Corporation Seal of the Corporation thereto
and to deliver the agreement so executed to the Bruce County
Board of Education provided that the Corporation shall
receive back one counterpart executed by the said Bruce
county Board of Education.
By-law introduced and read a First time this EIGHTH day of MAY,
1990.
By-law read a Second time this EIGHTH day of MAY, 1990.
By-law read a Third time and finally passed, signed, sealed, and
numbered 90-14 this EIGHTH day of HAY, 1990.
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sclr;r REEVE
CLERK
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Agreement made this 1st day of April, 1990.
BET WEE N:
THE BRUCE COUH'l'Y BOARD OF EDUCATION
(Hereinafter called the "Board")
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THE CORPORATION OF THE TOWNSHIP OF BRUCE
(Hereinafter called the "Township")
WHEREAS the Township is the owner of the lands more
particularly described on Schedule "A" attached hereto.
AND WHEREAS the Board is the owner of the lands more
particularly described on Schedule "B" attached hereto.
AND WHEREAS there is located on the lands owned by
the Township a sports field and track.
AND WHEREAS there is located on the lands owned by
the Board, the Bruce Central Elementary School and numerous
baseball diamonds and miscellaneous sports and playground
equipment and facilities.
AND WHEREAS it would be mutually beneficial to the
Township and the Board to jointly develop the lands owned by
them for recreational use by the students of the Board and the
residents of the Township.
NOW THEREFORE witness that in consideration of the
sum of $1.00 and other and good valuable consideration, and of
the mutual covenants herein contained the parties hereto agree
as follows:
l.(a) It is acknowledged that the work described herein
shall be done by or under the supervision of the Township.
(b) The Board hereby grants the Township, its servants,
agents and contractors, a licence to enter the lands of the
Board, as described in Schedule "B" for the purpose of .
completing the work as agreed herein and for constructing,
maintaining, inspecting, altering and repairing the recreation
facilities which are constructed on the lands.
(c) It is agreed that no work shall be undertaken by the
Township until the plans, specifications and construction times
have been first approved by the Board.
(d) The Township shall give 24 hours notice to the Board
prior to entering the lands of the Board with machinery,
material, vehicles and equipment necessary for the
construction, alteration and repair of the said recreation
facilities.
2.
Township
shall be
Schedule
The work to be done to the lands of the Board and the
and the proposed years that the work will be completed
in accordance with the "project aims" attached as
"C" to this agreement.
3.
plan
this
The landscape plan referred to in Schedule "C" is the
prepared by Cathy Fenton and attached as Schedule "D" to
agreement.
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4. It is agreed that the cost of the project shall be
allocated between the parties as follows:
(i) The Township agrees to supply at no cost, all fill
and topsoil required for both properties.
(H)
rates for
placed on
The Board agrees to pay the Township, approved M.T.O.
Township equipment used to haul and level material
the land of the Board.
(iii) In the event independent contractors are required to
haul and level any fill and topsoil each party agrees to pay
the account of the contractor related to the fill and topsoil
hauled to or levelled on their respective lands.
(iv) It is agreed that all costs associated with the
drainage work referred to in paragraph (d) and the amphitheatre
referred to in paragraph (m) of Schedule "C" shall be shared
equally between the parties, including the cost of any
engineering and other design work which may be required.
(v) The Board agrees to pay the cost of preparing the
landscape plan attached as Schedule "D" and the legal costs
incurred in the preparation of this agreement.
(vi) All other costs associated with the work required to
complete the recreational facility shall be paid by each of the
parties in so far as the work relates directly to the land of
each of the parties.
(vii) Any amounts owing by the Board to the Township shall
be paid within 30 days of receipt of an invoice for the amount
so owing.
5. Notwithstanding the terms of this agreement, it is
agreed and understood that the Board is not bound to do any of
the work or pay for any of the work until it has been approved
as a budgeted item in the Board's annual estimates. The Board
agrees to advise the Township of the parts of this agreement
which have been approved and the Township agrees not to
commence any work until such approval has been received.
6. The Works Manager for the Township and the Supervisor
of Buildings and Maintenance for the Board or their designees
shall inspect on a regular basis the said recreation
facilities.
7. Both parties agree that when using the facility they
will provide competent supervision to insure proper care of the
said facility.
a.(a) The parties agree that initially they shall jointly
share in all liability and obligations for any and all loss,
damage or injury to property or persons (including loss of
life) which might happen while the lands and the facilities are
being used for events sanctioned or approved by either of the
parties.
(b) It is further agreed that the final sharing of
liability shall be as agreed by the parties or their insurers,
or as assessed by a court of competent jurisdiction, and the
parties found liable shall indemnify and save harmless the
other party from and against all such loss, damage or injury.
(c) The parties agree to advise their respective insurers
of the joint liability provisions of this agreement and to
maintain a third party liability policy of at least
$5,000,000.00 coverage.
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9. ~he term of this agreement shall be for 25 years and
any provis~on of this agreement at the request of either party
may be reviewed at any time, and in any ev~nt, the agreement
shall be reviewed by both parties at the end of each 5 year
segment of the term.
10. It is expressly understood and agreed between the
parties that nothing in this agreement shall constitute a grant
of easement or any right of ownership by either party, in the
lands of the other.
11. In the event of differences arising between the
parties with respect to this agreement which cannot be resolved
the parties if on consent of both may resort to binding
arbitration under the Arbitrations Act, as amended from time to
time. Such dispute to be determined by a single arbitrator.
Nothing herein shall remove the right of either party from
applying to a court of competent jurisdiction regarding this
agreement if they so desire.
12.
giving 36
intention
This agreement may be terminated by either party upon
months written notice to the other party of its
to terminate.
13.(a) Upon completion of the project or any phase thereof,
each party shall be responsible for the maintenance of their
own lands and all facilities located thereon.
(b) Each party agrees to be responsible for the clean up
of the lands of the other party after using them for its own
sponsored or sanctioned function.
14.(a) So long as the Board is using its land as an active
school site, the Township agrees to continue to maintain its
land as a public recreational facility.
(b) The Township may discontinue such use if the Board
ceases using its land as a school site for a period of 2 years.
(c) The Township agrees to use its best efforts to
restrict the use of its lands by any type of motorized
vehicles.
ls.(a) It is agreed that the right to use the lands of
either party by the other shall be limited to "school events"
authorized by the Board and "public events" authorized by the
Township and the parties agree to provide notice as follows to
the other when requesting use of the lands they do not own.
The Township acknowledges that their lands may be used as an
enlargement of the Board's school facilities on a daily basis
between a:oo a.m. and 5:00 p.m., during the school year without
notice.
(i) The Board shall provide at least 24 hours notice in
writing excluding weekends and holidays to the Clerk of the
Township if it wishes to use the Township land beyond 5:00 p.m.
or on non school days.
(ii) During the school year the Township shall provide at
least 24 hours notice in writing excluding weekends and school
holidays to the principal of the Bruce Central School for use
of the school facilities.
(iii) During the summer vacation the Township shall provide
similar notice to an official of the Board to be appointed by
the Board from time to time.
(iv) It is agreed that in the event of a conflict over the
use of the land each party shall have priority over the other
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for the use of its own land, providing approval for its use had
not been previously been given to the other party.
16. Both parties agree they are responsible for providing
washroom and other sanitary facilities on their own land and
this agreement does not give either party the right to use the
sanitary facilities of the other.
17. This agreement is restricted solely to the
recreational facilities located on the lands of the parties and
does not extend to the use of any buildings, without the
expressed consent of the party owning them.
la.(a) The parties agree that in the event either party
decides to sell or otherwise dispose of their lands described
in this agreement or any part thereof, they shall first offer
them for sale to the other party, at fair market value.
(b) It is agreed that such right to acquire these lands
are subject to any legislation or guidelines which may be in
place by any government agency, regarding the disposition of
such lands by the parties.
19. It is acknowledged that each party shall become the
absolute owner of the facilities constructed on their own
lands, notwithstanding any cost sharing as agreed herein and in
the event of th€ termination of this agreement neither party
shall have the right to request any reimbursement from the
other for such costs.
20. Nothing in this agreement shall be construed as given
the right to either party to erect on or remove from the lands
of the other party any building or structure or to place
thereon any equipment or to alter the landscape surface or
grade of the lands of the other party.
21. Any notice required to be given under this agreement
shall be deemed sufficiently given if sent by registered mail,
postage prepaid, respectively addressed to:
The Bruce County Board of Education
Box 190
1st Avenue North
Chesley, Ontario
NOG lLO
Attention: Director of Education
OR
The Corporation of the Township of Bruce
or its successor
c/o Municipal Office
R.R. 13
Tiverton, Ontario
NOG 2TO
22.
benefit of
assigns.
This agreement shall be binding upon and.. enure .totha. . .
the parties hereto, their respective successors and
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IN WITNESS WHEREOF the parties hereto have hereunto
affixed their respective corporate seals attested to by the
hands of their proper signing officers duly authorized in that
behalf.
SIGNED AND SEALED
~'-{íffi4
)THE BRUCE COUNTY BOARD
) OF EDUCATION
)
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)THE CORPORATION OF THE TOWNSHIP
) OF BRUCE
)
¡~~
~/I':7 Reeve
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) Clerk
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P. A. Mart~ndale .' ~.' ". ~~ -,
Director of Educlit;to'n ang : .;.. ,
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Secretary : ::: "'~
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In the presence of
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Chairman
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Form 5 - Lancl Regls\nlllon Retonn Act, 1_
s
Page
___Pro".", Idetollllet(l) and/or O_lnlormatlon
SCHEDULE . A·
In the Township of Bruce, County of Bruce and being a part of
Lot 5, Concession 7 in the said Township of Bruce more
particularly described as follows:
COMMENCING at a point in the westerly limit of the King's
Highway No. 21 as widened and shown on Department of Highways
Deposited Plan Number 1131 filed in the Bruce County Registry
Office, said point being distant 1064.44 feet measured South 28
degrees 55 minutes 30 seconds West along said westerly limit
from its intersection with the northerly limit of said Lot 5
being 27 feet North 60 degrees 4a minutes 30 seconds West from
the northeast corner of said Lot 5;
THENCE South 2a degrees 55 minutes 30 seconds West along said
westerly limit a distance of 350 feet;
THENCE North 60 degrees 56 minutes 30 seconds West a distance
of 577.50 feet;
THENCE North 2a degrees 55 minutes 30 seconds East and parallel
with said westerly limit a distance of 350 feet to intersection
with a line drawn through the point of commencement on a
bearing of North 60 degrees 56 minutes 30 seconds West;
THENCE South 60 degrees 56 minutes 30 seconds East along said
line a distance of 577.50 feet to the point of commencement.
Assuming the North limit of said Lot to have a bearing of North
60 degrees 4a minutes 30 seconds West and relating the other
bearings herein thereto.
As, previously described in Instrument number 48967.
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eweome and Gilbert. Limited
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A.rD. 1985
01
Ontario
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Form 5 - Lancl RegIotrallon Retonn Act, 1_
s
Page
AddIIIofta Pra~ Illy 1_(8) ...vor Oilier InIonn8tIon
SCHEDULE -B-
In the Township of Bruce, in the County of Bruce and being
composed of Part of Lot 5, Concession 7 in the said Township
Bruce more particularly described as follows:
of
COMMENCING at a point in the Westerly limit of the King's
Highway No. 21 as widened and shown on Department of Highways
Deposited Plan No. 1131 filed in the Bruce County Registry
Office, said point being distant 664.44 feet measured South 2a
degrees 55 minutes 30 seconds West along said Westerly limit
from its intersection with the northerly limit of said Lot 5;
THENCE South 2a degrees 55 minutes 30 seconds West along said
westerly limit a distance of 450 feet;
THENCE North 60 degrees 56 minutes 30 seconds West a distance
of 577.50 feet;
THENCE South 2a degrees 55 minutes 30 seconds East parallel
with the said westerly limit of Highway a distance of 250 feet;
THENCE North 60 degrees 56 minutes 30 seconds West a distance
of 71a.35 feet;
THENCE North 2a degrees 5a minutes 30 seconds East a distance
of 400 feet;.
THENCE South 60 degrees 56 minutes 30 seconds East a distance
of 71a feet;
THENCE North 2a degrees 55 minutes 30 seconds East a distance
of 250 feet;
THENCE South 60 degrees 56 minutes 30 seconds East a distance
of 577.50 feet to the point of commencement.
As previously described in Instrument number 3a222.
Newsome and Gilbert. Limited
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April, un
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SCBBDULB ·c·
·PROJECr AIMS·
-~_.'-'--_.~.-.
1990
a) Landscape plan; already completed by Cathy Fenton showing location
of trees and estima~ing amounts of topsoil needed for soccer field.
b) Deposit of fill and topsoil; where necessary on the inside of the
track (township property) and the ball diamonds (board's property)
topsoil to be supplied by the township along with necessary fill
from community arena site in Tiverton.
c) Tree planting; to take place on both properties with trees supplied
by the township and other sources and planted by the pupils - most
this is already completed.
d) Drainage between two properties, underneath the track and inside the
track; this is viewed as the #1 priority by both parties and must
be completed before topsoil and fill are used. Engineers; board and
township personnel are presently studying this problem and it is hoped
this drainage can be accomplished for less than $10,000.00.
e) Grass seeding; to follow placement of topsoil, probably on the township
property this year and the board property next year.
f) Pea Gravel under jungle gym; this improvement involves board property
where its jungle gym is located right above the hill by the track.
This pea gravel is both a safety and an erosion protection item.
g) Restore the track; the township may undertake this project all in 1990
1991
h) Restoration of ball diamonds; the three ball diamonds on board property
are to have fill and/or topsoil placed, levelled and then seeded.
i) Installation of sand box; between the jungle gym and the new addition
on board property it is intended to construct two 12'X12' sand boxes
k) Further track repairs; may be completed in 1990
j) Group picnic area; picnic tables; garbage receptacles, playground eq-
uipment; landscaping at west edge of township property.
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,
1992
1) Completion of track; may be completed in 1990
m) Bleachers; portable bleachers with seating for fifty to be built by
the board's carpenters and used for sporting events; landscaping
of the west end of the hill for a small amphitheatre where 30 people
could sit on the grass for class or recreation, with a firepit down
below.
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SCHEDULE -D-
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