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HomeMy WebLinkAbout2008-115 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2008 -115 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 behalf 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 23rd day of June, 2008. By-law read a third time and finally passed this 23rd day of June, 2008. -'\ AGREEMENT made this 1 ] th July day of ~, 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. 3. a) The Municipality of Clarington shall not be liable 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 telefax, mailed by first class prepaid mail or delivered to: Municipality of Clarington, 40 Temperance Street, Bowmanville, Ontario, L 1 C 3A6 Attention: Purchasino Manaoer If by telefax to: (905) 623-3330 Knox Christian School 410 North Scugog Court Bowmanville, Ontario, L 1 C 3K3 Attention: Princioal If by telefax to: (905) 623-8877 '. 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 21.dL day of ~__ 2008. 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 11 th day of July 2008. ~_... " ~-'-.:., . ~- - - - ~-_- 1 ~-------- .,Ma:,:!~.J -,__' ./ - . /'1 . ._, - . '." '/' c c . f_ 1: .:,/. . ~'1 -~ ~r-."F . . .__ -.- ~'\f'-/-~~-- -~-~ (p~' . ia~ig;, ~~~:R:CiP~I-Cl~ik}'" C. Anne Greentree, Deputy Clerk