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HomeMy WebLinkAbout2010-080THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2010-080 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 28`h day of June, 2010. By-law read a third time and finally passed this 28`h day of June, 2010. A G R E E M E N T made this 1~ day of ~J010 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 field 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 2nd 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 -2- 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 idehtified 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 fields 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, under no circumstances shall use include activities that will damage the -3- sports field. 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). 5 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. 7. The Municipality and the Board agree that each party shall be responsible for the field 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 office 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 -4- employees, servants and agents against any and all liability, loss, damages, costs, 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 both 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 resultant legal fees 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 5- (c) The use of playground play units and splash pads in Municipal parks will not be allowed unless special permission/permit is granted during normal school hours. -6- 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 sole 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 park as 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 repurposetheland. 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 providing written notice to the other party on or before October 1S` of the same year. -7- 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: KAWARTHA PINE RIDGE DiS IG~' = _ __= SCHOOL BOARD -- = _.~_ -= Na W.R. (Rusty) ~ - -_ _ ,_ Office: Directorpof Education "= ~~ /-~-- me: J.R. Lawrence Office: Superintendent, Business & Corporate Services THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ~~ 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 Baseball Diamond Courtice SS Football/Soccer Field Track Tennis Courts Dr.GJ 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 NOTE: ELEMENTARY SCHOOL FACILITIES SUITABLE FOR PRACTICE ONLY. MINIMAL MAINTENANCE PROVIDED. SCHEDULE "B" Municipality of Clarington -Operations Department Parks Division Ward 1 201 D Ma # FacilitylPark Y=Youth M=Mini JJuniorA=Adult Diamond Soccer Field Lights Permits Re aired Tennis Basket ball Playground Washroom On Site Splash Pad 103 Courtice Memorial Park 1M X 105 Courtice Cammuni Com lex 1 M X X 113 Courtice South Arena 1A X X X X 106 Courtice West Park 1A X X 107 Darlin ton H dro Fields 9M 2A 2X X X X 112 Hi hland Park 1Y 1M X X X 115 Pentound Park 1A 1M X X 122 Roswell Park 1A 1M X X X k 118 Stuart Park 1A X X X X 120 Zion Park 1M 1A K X Ward 2 Ma # FacilitylPark Y=Youth M=Mini J-Junior A=Adult Diamond Soccer Field Lights Permits Re aired Tennis Basket ball Playground Washroom On Site Splash Pad 201 Ar ent Park 1A X X 202 Baseline Park 1A X X Baxter Park 2009 1A X X X 205 Clarington Fields 4A 1 F 2A 4M 5X X 203 Bowmanville Memorial Park 2A X 1 X X X X 244 Burketon Park 1A 1A 1M X X 206 Darlin ton S orts Centre 1A X 208 Elliott Memorial Park 1A X X X 226 Green Park 1A X X X X 217 Lord EI in Park 2A X X X X 224 0 timist Park Waverle Rd 1Y 2M 1A X X X 219 Rhonda Park 1Y X X 222 Garnet B. Rickard Recreation Com lex 2A X X X X 225 Westside Drive Park 1A X X X Ward 3 Ma # FacilitylPark Y=Youth M=Mini J-JuniorA=Adult Diamond Soccer Field Lights Permits Re aired Tennis Basket ball Playground Washroom On Site ~ Splash Pad 307 Ele hant Park 2Y X X 316 Guildwood Park 1A X X X X X 311 Lon worth Park 1A X X 312 Mearns Park 1 M X X 313 5o er Creek Park 1A X X X X X 314 T rone Park 1A 1Y 1M 2A X X X Ward 4 Ma # FacilitylPark Y=Youth M=Mini J-JuniorA=Adult Diamond Soccer Field Lights Permits Re aired Tennis Basket ball Playground Washroom On Site Splash Pad 405 Edward Street Park 1Y X X 413 Newcastle Memorial Park 1M X 418 Orono Park 1AY X X X X X X X 410 Pearce Farm Park 1 M X X X X 412 Walbrid e Park 1A X X X Total 27 45 12 5 13 8 rermlt Intormatlon: [:ontact (5D5) Zti3-2291 ext 527 .w 2fl7 , ~ i.. +; -. ~;, I ~ -•- '~ 217 ~ I ( a ~ ~~ 3D7 ~'' a~ ,,; ~~. Fpu~h SI _ ~ 202 -.... , _,._ ~~ ~, 102 ~'~- ~ NEWCASTLE-