Loading...
HomeMy WebLinkAboutCOD-031-08 - Cl~-flJglon REPORT CORPORATE SERVICES DEPARTMENT Date: June 16, 2008 GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ~esO\,^\100~~f)-~ ~~-og By-law # :JC1:R;.-llS File#_ Meeting: Report #: COD-031-08 Subject: ARRANGEMENT WITH KNOX CHRISTIAN SCHOOL FOR PERMITTED USE OF SOCCER FIELD(S) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-031-08 be received; 2. THAT a lease agreement between the Municipality of Clarington and Knox Christian School be approved, as set out in Schedule "A", Attachment #1, Conditional on approval by Knox Christian School; and 3. THAT the attached By-law marked Schedule "B", Attachment #2, be approved authorizing the Mayor and the Clerk to execute the necessary agreement. ~ Submitted by: .... ~ , aneMarano, H.B.Sc., C.M.O., Director of Corporate Services Reviewed by: a Franklin Wu, Chief Administrative Officer ~ MMIJDBlkm CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 REPORT NO.: COD-031-08 PAGE 2 BACKGROUND AND COMMENT The Municipality of Clarington has approached Knox Christian School, 410 Scugog Court, Bowmanville, Ontario about the possible use of their soccer fields for community use during the periods of Monday to Friday, 5:00 PM to 9:00 PM and Saturday 8:00 AM to 9:00 PM during the months of April 15th to October 15th, each year. Included in the agreement is the use of the school parking lot during the permitted use periods. The term of the agreement is open ended and subject to termination by either party by giving ninety (90) days notice of termination in any subsequent year. A copy of the agreement is provided as Schedule "A", Attachment #1. As part of the Terms and Conditions, the Municipality of Clarington would be responsible for the grass maintenance of the designated areas, including garbage pick-up during the months of permitted use. The Municipality of Clarington is also permitted to make any improvements to the sports fields consistent with the provision of safe playing surface for recreational purposes. The Directors of Operations and Finance have reviewed this report and the agreement and concur with the recommendations. Representatives of Knox Christian School have reviewed an earlier draft of the agreement and were satisfied with the terms and conditions. However, they have yet to agree to changes in the areas of insurance and the termination clause. They look forward to partnering with the Municipality of Clarington. Inquiries with respect to this agreement should be referred to the Director of Operations. This report has been reviewed for recommendation by the Purchasing Manager, with the appropriate departments and circulated as follows for: Concurrence: Director of Operations Director of Finance Attachments: Attachment 1 - Schedule "A", Draft Agreement Attachment 1 - Schedule "B", By-law Schedule "A" AGREEMENT made this day of June, 2008. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (Hereafter called the Municipality) - and- KNOX CHRISTIAN SCHOOL (Hereafter called the School) WHEREAS the school hereby grants to the Municipality the right to use the Soccer Field(s) located at the Knox Christian School, 410 North Scugog Court, Bowmanville, Ontario, L 1 C 3K2, from the date hereof, on the terms and conditions contained hereafter. The Municipality to pay $2.00 per annum of lawful money of Canada, to be due and payable upon execution of the agreement and on the anniversary of the agreement thereafter. 1. The Municipality covenants with the School as follows: a) To pay rent. b) To provide proof of public liability insurance in the amount acceptable to the Director of Finance of the Municipality for its obligations in this agreement. c) To provide regular grass cutting and garbage pick-up of the soccer field(s) area, (area to be mutually agreed by both parties) during the period of use (April 15 to October 15). d) To refrain from erecting any permanent structure of whatever kind upon the leased land. e) To maintain and keep the property in clean and tidy condition and not permit objectionable materials of any kind to be accumulated during the period of permitted use. f) For permitted use Monday to Friday, 5:00 pm to 9:00 pm and Saturdays 8:00 am - 9:00 pm during the period of April 15 to October 15 of each year. 2. The School covenants with the Municipality as follows: a) For quiet enjoyment. b ) To permit the Municipality to make such improvements to the land that they deem appropriate at their cost and such improvements will be considered lease hold improvements and will become part of and remain with the lands. c) To permit the use of the school parking lot by permitted soccer teams/players during the permitted use periods. Schedule "A" 3. a) The Municipality of Clarington shall not be Iiabie in any manner whatsoever for any loss, injury, or damage to person or property including loss of life, by whomsoever suffered, that in any way is connected to the establishment, use or the operation of soccer fields unless caused by the negligence or the wilful act of any employee or agent of the Municipality of Clarington, while acting within the scope of his or her employment or agency respectively. This provision shall survive the termination or expiry of this agreement. b) Knox Christian School shall be solely responsible for any claims which may arise during its use of the sports field and hereby indemnifies and saves harmless the Municipality of and from all claims, demands, actions and costs incidental thereto, that may be made or instituted by any person or persons with respect to damages or injuries that may be sustained to person or property arising out of the use of the soccer field. 3. Either party may terminate this agreement by giving ninety (90) days notice in writing. 4. For the purposes of this agreement notice any notice or other document is required to be or may be given by the School to the Municipality or by the Municipality to the School under this agreement such notice shall be transmitted by teiefax, mailed by first class prepaid mail or delivered to: Municipality of Clarington, 40 Temperance Street, Bowmanville, Ontario, L 1 C 3A6 Attention: Purchasina Manaaer If by telefax to: (905) 623-3330 Knox Christian School 410 Narth Scugog Court Bowmanville, Ontario, L 1C 3K3 Attentian: Princiaal If by telefax to: (905) 623-8877 Schedule "A" 5. The Municipality will not be held responsible for any levies, taxes etc. for the use of the lands as described. THIS AGREEMENT IS EXECUTED ON BEHALF OF KNOX CHRISTIAN SCHOOL by their authorized agent, this day of 2008. Mr. George Petrusrna, Principal THIS AGREEMENT IS EXECUTED ON BEHALF OF THE MUNICIPALITY OF CLARINGTON, under the seal of the Municipal Corporation and the hands of its officers duly qualified, this day of 2008. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk Schedule liB" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2008- Being a By-law to authorize the execution by the Mayor and Clerk of an Agreement between the Corporation of the Municipality of Clarington and Knox Christian Church for the use of their Soccer Fields. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behaW of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, an agreement with Knox Christian School to implement the recommendations contained in Report COD-031-08; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this day of ,2008. By-law read a third time and finaliy passed this day of ,2008. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk