HomeMy WebLinkAboutCOD-027-10CORPORA
REPORT
TE SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: June 21, 2010 ~ ~ ~ 3$ ~~~0
Report #: COD-027-10 File #
ne Marano, H.B.Sc., C.M.O.,
Director of Corporate Services
Subject: SPORT FIELD JOINT USE AGREEMENT
KAWARTHA PINE RIDGE DISTRICT SCHOOL BOARD
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
THAT Report COD-027-10 be received;
2. THAT a joint use agreement between the Municipality of Clarington and
Kawartha Pine Ridge District School Board be approved, as set out in Schedule
"A"; and
3. THAT the By-law marked Schedule "B", attached to Report COD-027-10
authorizing the Mayor and the Clerk to execute the necessary agreement, be
approved.
Submitted by:
MMIJDB\km
Reviewed by:
By-law # a0~ O'b8'U
nklin Wu,
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: COD-027-10
PAGE2
1. BACKGROUND AND COMMENT
1.1. The Municipality of Clarington and the Kawartha Pine Ridge District School
Board have prepared a joint use agreement for use of sports fields in
Clarington during the periods of Monday to Friday, 6:00 PM to dusk and
Saturday and Sunday 8:00 AM to dusk during the months of May 15~h to
October 15~h, each year. The Board will also have the permitted use of
municipal sports fields during the school term, Monday to Friday, between the
hours of 9 am and 6 pm. The term of the agreement is open ended and
subject to termination by either party effective December 31S' in any year by
providing written notice before October 1. A copy of the agreement is
provided as Schedule "A",
1.2. As part of the Terms and Conditions, the Municipality of Clarington would be
responsible for tracking the hours of use for sports fields for both the Board
and the Municipality.
1.3. The Directors of Operations and Finance have reviewed this report and the
agreement and concur with the recommendations. Representatives of
Kawartha Pine Ridge District School Board have reviewed the agreement and
are satisfied with the terms and conditions. They look forward to partnering
with the Municipality of Clarington. Inquiries with respect to this agreement
should be referred to the Director of Operations.
2. INPUT FROM OTHER SOURCES
2.1. 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
REPORT NO.: COD-027-10
PAGE3
Attachments:
Schedule "A" -Joint Use Agreement
Schedule "B" - By-law
Schedule "A"
AGREEMENTmadethis day of ,2010
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
hereinafter called the "Municipality"
OF THE FIRST PART
-and -
KAWARTHA PINE RIDGE DISTRICT SCHOOL BOARD
hereinafter called the "Board"
OF THE SECOND PART
WHEREAS the Board and the Municipality have agreed that each may make
certain use of sports fields owned by the other, on terms and conditions
hereinafter contained;
AND WHEREAS the parties shall meet in September of each year to review feld
allocations, capital works initiatives and any other issues in relation to this
agreement:
NOW THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. (a) Subject to subparagraphs (b) and (c), the Municipality shall have the use of the
sport fields owned by the Board at the above specified locations and identified in
Schedule "A" attached hereto, from May 15 until October 15, from 6:00 p.m. until
dusk, Monday to Friday, and 8:00 a.m. until dusk, Saturday and Sunday.
(b) The Municipality agrees to provide notice in writing to the Board, on or before the
2"tl week in May in each year of the days and times the Municipality wishes to
use the Board's sports fields.
(c) The Municipality acknowledges that, notwithstanding the rights granted to the
Municipality herein., the Board may schedule special events on any sport field
owned by the Board during a period for which use has been granted to the
Municipality under this agreement, by providing at least five (5) calendar days
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written notice to the Municipality and the Municipality will yield to such special
events.
(d) The Board and the Municipality acknowledge that the party's sport fields may be
unavailable due to inclement weather, major renovations or repairs, or prior
scheduled activities.
2. (a) Subject to subparagraphs (b) and (c), the Board shall have the use of the sports
fields owned by the Municipality and identified in Schedule "B" attached hereto,
from 9:00 a.m. to 6:00 pm., Monday to Friday, during the school term.
(b) The Board shall submit to the Municipality a request in writing with respect to
any intended use of the Municipality's sport fields, which request shall be
granted, subject to availability and a permit will be issued for this use.
(c) The Board acknowledges that, notwithstanding the rights granted to the Board
herein, the Municipality may schedule special events on any sport field owned by
the Municipality during a period for which use has been granted to the Board
under this agreement, by providing at least five (5) calendar days written notice
to the Board and the Board will yield to such special events.
(d) The Board and the Municipality acknowledge that the party's sport felds may be
unavailable due to inclement weather, major renovations or repairs, or prior
scheduled activities.
3. (a) The Municipality shall be responsible for all scheduling of activities, issuing of
permits, and liaison with community sport organizations with respect to the
Municipality's use of the Board's sport fields.
(b) The Municipality shall be responsible for tracking the hours of usage of sports
field by both the Board and the Municipality.
4. The sport fields are only to be used for educational, athletic and/or recreational
purposes consistent with the design and use of the sport field. Where there is a conflict
for use of the fields the preference or first rights will fall to youth sports. However.
Schedule "A"
under no circumstances shall use include activities that will damage the sports Feld.
3-
Use of the sport fields shall include the use of sports fixtures (e.g. screens, goal posts)
and washrooms, where applicable, when weather permits them to be functional, but
does not include the use of sports equipment chattels (e.g. nets, bags, balls, bats).
Each party shall ensure that, when it is making use of sport fields owned by the other
party, garbage is placed in appropriate containers and not left strewn around the sport
field. The provision of adequate containers for garbage and the employing of same is
the responsibility of the owner.
6. The Municipality and the Board agree that neither party will pay any charge to the other
party with respect to the use of the sport fields, pursuant to this agreement.
The Municipality and the Board agree that each party shall be responsible for the Feld
maintenance of its own sport fields. Each party, at its own expense, agrees to maintain
its own sport fields throughout the year, including maintenance, grass cutting and repair
of damage, as required.
8. The Municipality and the Board agree to notify the other promptly in the event that any
sport fields listed in Schedule A' and °B" hereto are to be unavailable due to inclement
weather, major repairs or renovations.
9. When using sports fields of the other party, each party agrees:
(a) To provide adequate supervision for the participants and spectators to ensure
those activities are safely carried out and vandalism prevented.
(b) Any loss, injury or potential claim is to be reported in writing to the owner of the
sport field on the day of the occurrence or the next day the head offce of the
Municipality or the Board is open.
(c) Abide by all of the rules, regulations and policies of the owner of the sport field.
10. Each of the parties agrees to indemnify and hold harmless each of the other Parties, its
Schedule "A"
employees, servants and agents against any and all liability, loss, damages, costs,
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expense or claims which may arise as a result of that Party's negligence arising out of
the use of the sport field.
11. The owner of the sport field shall arrange and maintain, at all times, adequate
insurance coverage to protect bath parties. Each party agrees to advise their
respective insurers of the usage contemplated by this agreement, and to name the
other party as an additional insured. Each party further agrees to sign any
documentation reasonably required by the respective insurers to ensure both parties
are protected, and to provide each other with a certificate of insurance.
12. Any matter in difference between the parties in relation to this agreement shall be
resolved by the Board and the Municipality. If the parties cannot resolve the difference
each of the said parties shall appoint one arbitrator and the arbitrators shall meet and
appoint a third arbitrator as Chairperson before they enter upon the business
arbitration. The appointment, award and determination of the arbitrator, or the majority
of the arbitrators, as the case may be shall be binding upon both parties and their
respective heirs, executors, administrators and assigns. If either of the parties and / or
their respective arbitrators do not proceed expeditiously to resolve the difference within
thirty (30) days of the naming of the first arbitrator, it is hereby agreed that the party not
proceeding expeditiously in good faith shall be responsible for all costs including all
resultantlegalfees for both parties.
13. The Municipality covenants with the Board as follows:
(a) The Board can obtain permits at no charge for the use of any Municipal sports
field if available during normal school hours with five (5) days prior notice. The
Municipality reserves the right to provide verbal notice to the school for fields that
are out of play due to inclement weather or other Municipal or special events.
(b) To refrain from erecting any permanent structure of whatever kind upon the
leased land; and
(c) The use of playground play units and splash pads in Municipal parks will not be
Schedule "A"
allowed unless special permission/permit is granted during normal school hours.
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14. The Board covenants with the Municipality as follows:
(a) To refrain from erecting any permanent structure of whatever kind upon the
leased land.
15. (a) The Board reserves the right in its sale discretion to remove any school from the
list of shared facilities in this Agreement if the Board has deemed the school as
surplus to its needs and the Board has decided to dispose of the school site as
specified by the Education Act and related regulations, as amended from time to
time, or the Board has decided to demolish the facility.
(b) The Municipality reserves the right in its sole discretion to remove any park from
the list of shared facilities in this Agreement if the Municipality has deemed the
parkas surplus to its needs and the Municipality has decided to dispose of the
park site as specified by Council, or the Municipality has decided to demolish or
repurpose the land-
16. Written notification to the parties shall be sufficiently delivered to the parties if mailed by
prepaid registered mail to the Municipality at:
Municipality of Clarington
40 Temperance Street
Bowmanville. ON L1C 3A6
Attention: Purchasing Manager
Facsimile Number: 905-623-3330
Or to such other address as the Municipality may advise the Board by notice in writing;
and to the Board at
1994 Fisher Drive
P.O. Box 7190
Peterborough, ON K9A 7A1
Facsimile Number: 705-742-7801
Attention: Facsimile Number: 705-760-8656
17. Either party may terminate this agreement as of December 31 ~' in any year, by
Schedule "A"
providing written notice to the other party on or before October 15` of the same year.
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18. This agreement and everything contained herein shall be binding upon the parties
hereto and their respective successors and permitted assigns.
SIGNED, SEALED AND DELIVERED
in the presence of:
THE CORPORATION OF THE
MUNICIPAL ITY OF CLARINGTO N
Jim Abernethy, Mayor
Barrie, Municipal Clerk
KAWARTHA PINE RIDGE DISTRICT
SCHOOL BOARD
Name: W.R. (Rusty) Hick
Office: Director of Education
Name: J.R. Lawrence
Office: Superintendent, Business &
Corporate Services
Schedule "A"
-~
SCHEDULE"A"
Kawartha Pine Ridge District School Board
Community Use of District School Board Fields - as of June 2010
Field Days, Times Dates User
Bowmanville HS
Football/Soccer Field '
Tennis Courts
Central PS
Baseball Diamond
Clarington Central SS
Track
Soccer/Football Field
Vincent Massey PS
Ball Diamond
Courtice North PS
I Baseball Diamond
Courtice SS
Football/Soccer Field
Track
Tennis Courts
DcGJ MacGillivary PS
'Soccer Pitch
Lydia Trull PS
Jr. Soccer Pitch
Enniskillen PS
Baseball Diamond
M J Hobbs PS
Baseball Diamond
Track
Clarke HS
Track
Soccer Pitch '
Kirby PS
Baseball Diamond
Newcastle PS
Tennis Courts
Soccer Pitch
Baseball Diamond
Orono PS
Jr. Soccer x 2
The Pines PS '
Baseball Diamond '
Soccer Pitch
Schedule "A"
NOTC: ELEMF,NTARY SCHOOL FACILITIES SUITABLE. FOR PRACTICE ONLY. YIINIMAL
b'1:11N'IliN.4NCE PROVE UED.
SCHEDULE"B"
Municipality of Clarington -Operations Department
Parks Division
Schedule "A"
zom
Ma # FacilitylPark
Y=Youth M=Mini J-Junior A=Adult Diamond Soccer
Fieltl Lightly Permits Tennis Basket Playground Washroom Splash
103
Courtice Memorial Park
1M Required
X ball On Site Pad
105 CourticeCommunit Com lex 1M X
113
Courtice South Arena
1A
X
X
X X
106
Courtice West Park
to
X X
107
Darlin ton H dro Fields
9P,1 2A
2X
X X
112
Hi hlandParlc
1Y
1M
X
X X X
115
Penfound Park
1A
1M
X X
122
Roswell Park
1A
1M
X
X X
118
Sfuart Park
1A
X
X
X X X
120
Zion Park
1M 1A
X X
X
V~'~t~1
_
Map# FacilitylPark
Y=Youth M=Mini J-Junior A=Adult Diamond Soccer
Field Lights Permits Tennis Basket Playground Washroom Splash
201
A ent Park
1A Required ball On Site Pad
202
Baseline Park
1A X
X X
Baxter Park 2009
1q
X X
205
Clarington Fields
4A
1F 2A
5X
X X X
4M
203 Bowmanville Memorial Park 2A X 1 X
204
Burketon Park
1A
1A 1M
X X X X
206
Darlin ton S orts Centre
1q
X X
208 Elliott Memorial Park 1A X
226
Green Park
1A
X
X X X
217
Lord EI in Park
2A
X
X X X
224
0 timist Park Wavede Rd
1Y
2M to
X X X
219
Rhonda Park
7y
X X X
222
Garnet B. Rickard Recreation
2A
X
X X
Com lex X X
225 Westside Drive Park 1A X
X X
+~ze s-tt ?
Ma # FacilitylPark
Y=Youth M=Mini J-Junior A=Atlull Diamond Soccer
Field Lights Permits Tennis Basket Playground Washroom Splash
307
Ele hantPark
2Y Required ball
on site
Pad
316
Guildwood Park
1A X
X X
311
Lon worth Park
1A
X X X X X
312
Mearns Park
1M
X X
313
So erCreekPark
1A
X
X X
314
TronePark
1A 1V
1M2A
X X X X
X X
, ~'~iE r'fi -~i
Map# FacilitylPark
Y=Youth M=Mini J-Junior A=Adult Diamontl Soccer
Field Lights Permits Tennis Basket Playground Washroom Splash
405
Edward Street Park
1y Required ball
on site
paa
413
Newcastle Memorial Park
1 M X X
418
Orono Park
1AY
X
X
X
X X
410
Pearce Farm Park
1 M
X X X X
412
Walbrid e Park
1A
X X X X
Total
27
45
12
5
13 X X
g
Permit Information: Contact (905) 263-2291 ext 527
Schedule "A"
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Schedule "B"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2010-
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 Kawartha Pine Ridge District School Board for the
use of Sports 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 Kawartha Pine Ridge District School Board to implement the
recommendations contained in Report COD-027-10; 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 , 2010.
By-law read a third time and finally passed this day of , 2010.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk