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HomeMy WebLinkAboutBRU 90 014 agree board of educa . 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. /Jfdû/c. æ·~~~ sclr;r REEVE CLERK . -SEAL . . - . ..... -- Agreement made this 1st day of April, 1990. BET WEE N: THE BRUCE COUH'l'Y BOARD OF EDUCATION (Hereinafter called the "Board") - and - 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. - .~. .''''''''- - 2 - 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. ""IF ..,,-.... - 3 - 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 -- ,., ~ ~.....' .......... - 4 - 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 <- - '/L --- -,.., .,·-c~ - 5 - 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 ) ) ) ) ) ) ) ) ) ) ) ) ) )THE CORPORATION OF THE TOWNSHIP ) OF BRUCE ) ¡~~ ~/I':7 Reeve ) ! ¡þJWt:<-- ) Clerk ) ) ¡? O-.,~~.=?--~;~:~.:-~ P. A. Mart~ndale .' ~.' ". ~~ -, Director of Educlit;to'n ang : .;.. , .. ,...- Secretary : ::: "'~ '- ' In the presence of - ,- - .- .- ~ ...... - .Ð. '.0 Chairman ~'''',''- ,"'--;': '~ ,.". -- -..~' '-.- - - ~ ~ . . . - ~... ~..>. ~-"- . ---: 'J_ . ' , ~f4 , . , .......'~_.- of . , _ Ontario . ~\;m:aUle i~~1(ii:~_ - 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. . UI !:!~ It~ °Ul ~~ "" , eweome and Gilbert. Limited __ 11:'1'I"1r;: 11/.11:\ A.rD. 1985 01 Ontario ^ .'--~-~ 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 ................." April, un ;~~ , 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. ... .... ...2 r··.··-'Þ··· - , 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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