BY-LAW NUMBER-.9S:"0F 2004 OF THE CITY OF SARNIA

Transcription

1 BY-LAW NUMBER-.9S:"0F 2004 OF THE CTY OF SARNA "A By-Law to Authorze an Agreement wth Consel Scolare de Dstrct des Ecoles Catholques du Sud-Ouest" WHEREAS t s deemed expedent that the Corporaton of the Cty of Sama enter nto an Agreement wth Consel Scolare de Dstrct des Beoles Catholques du Sud-Ouest. the Cty of Sarna enacts as follows: NOW THEREFORE the Muncpal Councl of the Corporaton of. The Corporaton of the Cty of Sarna s authorzed to enter nto an Agreement wth Consel Scolare de Dstrct des Beoles Catholques du Sud- Ouest, n the form of the Agreement a copy of whch s annexed to ths By-Law. 2. The Mayor and Clerk are authorzed to execute such Agreement and to affx to t the Corporate Seal of the Corporaton of the Cty of Sarna. 3. Ths By-Law comes nto force and effect upon beng fnally passed. FN ALL Y PASSED ths 1 b T H day of RubUST,2004. ~J-~ ~;::> Cty Solctor/Clerk Doc: C:\MY DOCUMENTS\BY-LAW\WORKNG\LCRCSSB,AD (0#7)

2 THS AGREEMENT made ths day of,2004. BETWEEN: CONSEL SCOLARE DE DSTRCT DES ECOLES CATHOLOUES DU SUD-OUEST (herenafter called the "Board") OF THE FRST PART - and- THE CORPORATON OF THE CTY OF SARNA (herenafter called the "Cty") OF THE SECOND PART WHEREAS the Board s the owner of land at 90 The Rapds Parkway n the Cty of Sa ma, on whch there s establshed, among other thngs, a baseball damond (the "damond"); AND WHEREAS t s the ntenton of the partes that the Cty contrbute to the cost of the completon of the damond to a certan standard; AND WHEREAS t s the ntenton of the partes that the Cty wll mantan the damond and that the damond wll be avalable for publc use, scheduled through the Cty, outsde of normal school hours. NOW THEREFORE THS AGREEMENT WTNESSETH that the partes hereto, n consderaton of $1.00 pad by each to the other and other good and valuable consderaton as set out heren, agree as follows: 1. The Cty shall contrbute the sum of$30, towards the cost of the upgradng of the damond, whch work has been completed to the satsfacton of the Cty, upon the completon of the executon of ths Agreement. 2. bass: (a) (b) The Cty and the Board shall have shared use of the damond on the followng The Cty shall have the rght and responsblty for schedulng use of the damond after 5:30 p.m. Monday to Frday, all day and evenngs on Saturdays, Sundays, holdays and summer school holdays; The Board shall have exclusve use of the damond each week, Monday to Frday, untl 5:30 p.m. durng the perod for September 1 sl to June 30 th each year. Schedulng of the damond wth the Communty Servces Department of the Cty s not necessary durng ths tme frame. The Cty recognzes that the Board may requre weekend and/or evenng use from tme to tme. t s agreed that the Board

3 - 2 - can "bump" regularly scheduled user groups a maxmum of three tmes a year for a total amount not to exceed 24 hours ofuse. Ten days' notce s requred to provde notce to the affected user groups. For all other occasons durng the tmes scheduled by the Cty, the Board wll be treated smlarly to other user groups and must compete for tme slots. 3. The Cty shall, at the Cty'S expense, mantan the damond, and shall be responsble for all non-captal mantenance ncludng floatng the nfeld and addng stone as requred, cuttng the grass, fertlzng, aeratng and top-dressng the grass as requred, cleanng the dug-outs, and mantanng the fencng. 4. The Cty may provde and mantan a portable tolet for publc use n the vcnty of the damond durng the tme frame when the Cty schedules use of the damond. The Cty shall ensure that the placement of the portable tolet s done n consultaton wth the school prncpal and that they are kept clean and santary at all tmes. 5. Each party wll carry a polcy of nsurance for personal njury, publc lablty and property damage n the amount of not less than $10,000,000.00, and each wll be named as an addtonal nsured on the polcy of the other; and nether of such polces shall be cancelled by ether party wthout frst gvng 60 days' wrtten notce to the other party. 6. The term of ths Agreement shall be 10 years from the st day of June, 2004, and thereafter shall be automatcally renewed for a year n perpetuty unless ether party gves 90 days' wrtten notce to the other before the expry of the then current year. 7. Representatves ofthe partes wll meet from tme to tme, as and when necessary, to dscuss any proposed captal expendtures for the damond and to dscuss any other ssues of nterest or concern. 8. The Board hereby grants to the publc, players and staff, for so long as ths Agreement s n effect, the rght to cross over the lands of the Board adjacent to the damond to reach and attend at the same, and also to park n the Board's parkng lots n that vcnty. 9. The damond and the parkng lots are shown on the dagram annexed hereto as Schedule "A", and whch forms part of ths Agreement. 10. n the event ether party s dssatsfed wth the acton of one of the user groups, representatves of the partes wll confer to decde how best to handle the stuaton. Ether party can request a revew ofthe Agreement at any tme. Amendments can be brought to the Agreement by mutual consent of both partes.

4 The Cty agrees to ndemnfy and save harmless the Board, ts admnstrators, offcers, volunteers, agents, employees and/or members of ts personnel, from all clams, demands, causes of acton, loss, costs or damages that the Cty may suffer, ncur or be lable for n relaton to any njury n connecton wth any event or actvty scheduled by the Communty Servces Department of the Cty. 12. The Board agrees to ndemnfy and save harmless the Cty, ts admnstrators. offcers, volunteers, agents, employees and/or members of ts personnel, from all clams, demands, causes of acton, loss, costs or damages that the Board may suffer, ncur or be lable for n relaton to any njury n connecton wth any event or actvty scheduled by the Board. N WTNESS WHEREOF the partes have executed ths Agreement. CONSEL SCOLARE DE DSTRCT DES ECOLES CATHOLlOU~~U SUD-OldEST Name: Ttle: MchelSer Drecteur ~P''&~ Name: t..:je~",s s e.{lq",l" Ttle:.. ",(,tlf"f.f'pb-t#1" us' A-t't=F" tes 1We have the authorty to bnd the Corporaton. THE CORPORATON OF THE CTY OF SARNA Mayor Clerk Doc: D:\MY X)('UMENTS\AGREE\.CRCSSB JONT lse \(T.AD (D2)

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6 DATED:,2004. BETWEEN: CONS ElL SCOLARE DE DSTRCT DES BCOLES CA THOLOUES DU SUD-OUEST -and- THE CORPORA non OF THE CTY OF SARNA AGREEMENT THE CORPORATON OF THE CTY OF SARNA Legal Servces (BWK/ad) Cty Hall Sama, Ontaro N7T7N2

7 BY -LAW NUMBER 9 S OF 2004 OF THE CTY OF SARNA "A By-Law to Authorze an Agreement wth Consel Scolare de Dstrct des Ecoles Catholques du Sud-Ouest" READNGS: FRST: A,! 1 '! a L C:. f).oo Y SECOND: THRD: Q -' ''] 1 ",,1.. t-. ROO' Q ',, 4! Ql: to, XCtO'f THE CORPORATON OF THE CTY OF SARNA LEGAL SERVCES (BWK/ad) Cty Hall Sama, Ontaro N7T 7N2