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-