2988 To authroize the Mayor and Clerk to execute an agreement between the Town of Tillsonburg and the Tillsonburg minor soccer club and to repeal By-Law 2943CORPORATION OF THE
TOWN OF TILLSONBURG
BY-LAW NO. 2988
BEING A BY-LAW TO AUTHORIZE THE
MAYORANDCLERKTOEXECUTEAN
AGREEMENT BETWEEN THE TOWN OF
TILLSONBURG AND THE TILLSONBURG
MINOR SOCCER CLUB AND TO REPEAL BY-
LAW 2943.
WHEREAS Municipal Councils may pass by-laws for the acquisition, laying out and
improving land for the purpose of Public Parks pursuant to Section 207(52) of the
Municipal Act, R.S.O. 1990, Chap. M.45.
AND WHEREAS the Council of the Corporation of the Town ofTillsonburg is desirous
of entering into an agreement with Tillsonburg Minor Soccer for the acquisition,
development and maintenance of certain lands within the Town ofTillsonburg for Public
Parkland for the purpose of Soccer Fields.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN
OF TILLSONBURG ENACTS AS FOLLOWS:
1. THAT the Council of the Town ofTillsonburg hereby authorizes the entering
into of an Agreement between the Corporation of the Town ofTillsonburg and
Tillsonburg Minor Soccer.Club for the acquisition, improvement and
maintenance of certain land within the Town ofTillsonburg for Public Parkland
for the purpose of development of soccer fields and such other related
appurtenances in accordance with the Agreement attached hereto as Schedule
"A" to this by-law.
2. THAT Schedule "A" attached hereto is hereby declared to be part of this by-law
as i f written and incorporated herein.
3. THAT the Mayor and Clerk be and are hereby authorized to execute, on behalf of
the Corporation of the Town ofTillsonburg, all documents required to implement
the terms of the Agreement attached as Schedule "A" to this by-law.
4. THAT this By-law shall come into ful l force and effect upon enactment.
5. THAT By-law No. 2943 be hereby repealed.
READ A FIRST, SECOND AND THIRD TIME, AND FINALLY PASSED this 9th
day of October, 2001.
MAfi
TILLSO NBURG MIN OR SOCCER CL UB AGRE EMENT
THIS AGREEMENT made in triplicate this 1st day of October, 2001.
BETWEEN :
THE CORPORATION OF THE TOWN OF TILLSONBURG
hereinafter called the "Tillsonburg"
and
TILLSONBURG MINOR SOCCER CLUB
hereinafter called "the Club"
OF THE FI RST PART
OF THE SECOND PART
WHEREAS the Club has entered into a Conditional Agreement of Purchase and
Sale dated May 9th, 2000, which Agreement was amended by Agreement dated May
26th, 2000, with the Vendor, Andy Jacko Farms Limited, to purchase Part Lot
8, Concession 11, Town of Tillsonburg, County of Oxford, consisting of
twenty-eight (28) acres more or less, for the purchase price of TWO HUNDRED
AND FIFTY THOUSAND ($250,000.00 ) DOLLARS.
AND WHEREAS Tillsonburg and the Club wish to enter into an Agreement with
respect to the acquisition of this property, the development of Soccer
Fields and a Club House thereon and the use of this property.
NOW THEREFORE THIS AGREEMENT WI TNESSETH THAT :
1. The Club will assign its rights in the aforesaid Agreement of Purchase
and Sale to Tillsonburg and Tillsonburg will be the owner of the
subject property and pay the amount of TWO HUNDRED AND FIFTY THOUSAND
($250,000.00 ) DOLLARS on behalf of the Club.
2. The Club will pay to Tillsonburg the sum of NINETY THOUSAND
($90,000.00 ) DOLLARS over the next ten (10) years with interest at a
prime rate on outstanding balance calculated annually . The Club shall
make annual payments to Tillsonburg commencing not later than 2003 and
ending not later than 2 0 09.
3. The Club will develop the subject lands for Soccer Fields, including
necessary roads, parking lots, drainage and fencing, such development
to be subject to the approval of Tillsonburg, which development costs
are estimated to be SIXTY THOUSAND ($60,000.00 ) DOLLARS .
4 . The Club will develop a Club House at its cost subject to the approval
of Tillsonburg. Tillsonburg will facilitate the financing of this
building by way of co-signing a loan up to an amount of THREE HUNDRED
THOUSAND ($300,000.00 ) DOLLARS, to be arranged by the Club .
5. The Club shall arrange an easement for the provision of sewer and
water over adjacent lands from Quarter Town Line Road to the proposed
Club House . The Town shall have constructed necessary sewer and water
lines over this easement by May 1, 2 0 02 or as may be mutually
agreeable. One third o f the cost of this shall be born by the Club
upon construction and the remainder shall be recovered by Tillsonburg
from adjacent development as and when possible .
6. The Club will construct a road onto the site and Tillsonburg will
p r ovide assistance in the form of provision for culverts for the
Quarter Town Line Road ditch and a drainage ditch through the
property.
-2 -
7. The Club shall assume all costs for construction and maintenance of
all facilities constructed on the subject lands other than as provided
herein with the exception of snowplowing which shall be carried out by
the Town.
8. Tillsonburg and the Club agree that the Club shall have priority use
of the property for the use of its members as a Soccer Facility.
9. The Club shall arrange sufficient replacement cost property insurance
for such buildings constructed on the lands herein as well as
sufficient liability insurance as shall be approved by Tillsonburg .
The Club and the Town may mutually agree to provide this coverage
through the Town's insurance at the Club's cost.
10 . The Club shall provide annual financial statements to Ti llsonburg
within three (3) months following the close of its fiscal year. In
addition, the Club shall provide quarterly statements to Tillsonburg
disclosing the status of its fundraising campaign until such time as
its financial obligations contained herein are discharged .
IN WI TNESS WHEREOF the parties hereto have hereunto set their h ands and seals
this l 5 t day of October, 2001.
S I GNED , SEALD AND DELIVERED
In the presence of: )THE CORPORATION OF THE TOWN OF TILLSONBURG
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)Per : fd/ !Irv~
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)David C . Morris, CAO /Clerk
)
)TI LLSONBURG S OCCER CLUB
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