HomeMy WebLinkAboutBy-law No. 2007-053 THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO.2007-053
A BY-LAW TO AUTHORIZE THE EXECUTION OF A MEMORANDUM OF
AGREEMENT BETWEEN
THE MUNICIPALITY OF BAYHAM
AND
THE PORT BURWELL BUSINESS ADVISORY GROUP
REGARDING THE PLACEMENT OF A PORTABLE BUILDING AT THE
ERIE SHORES WIND FARM INTERPRETIVE CENTRE
WHEREAS the Municipality of Bayham has agreed to the placement of a portable building at
the Erie Shores Wind Farm Interpretive Centre as a two year pilot project;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of
entering into a memorandum of agreement with the Port Burwell Business Advisory Group to
define operational and maintenance responsibilities for the term of the pilot project;
THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk be and are hereby authorized to execute the Memorandum of
Agreement attached hereto as Schedule "A" and forming part of this By-law between the
Municipality of Bayham and the Port Burwell Business Advisory Group.
2. THAT this By-law shall come into full force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 17th
DAY OF MAY 2007.
� , ' S
MA rip CLERK
Schedule"A"
Memorandum of Agreement
Between:
The Corporation of the Municipality of Bayham
hereinafter referred to as the "MUNICIPALITY"
-AND-
Port Burwell Business Advisory Group
hereinafter referred to as the "GROUP"
Whereas the Port Burwell Business Advisory Group has supported the placement of a portable
building at the Erie Shores Wind Farm Interpretive Centre site,
And Whereas the Council of the Municipality of Bayham has agreed to the placement of the
subject portable as a two year pilot project,
And Whereas the parties wish to define financial and operational responsibilities over the two
year period for the site.
Now Therefore the parties do hereby agree as follows:
Permission
1. The Group shall be permitted to place the subject portable building(as described in the April
15" 2007 Inspection Survey Report prepared by Home-Facts Canada) at the Erie Shores
Wind Farm Interpretive Centre, subject to any approvals required by the County of Elgin as
property owner.
Site
2. The site subject of this memorandum is described as the property located at the intersection
of Brown Road/Nova Scotia Line/Orchard Line, as indicated on the attached conceptual site
plan provided by IBI.
Term
3. The term of such approval shall be for a period of up to two years from the date of
installation of the portable building.
Termination
4. This permission shall continue for the full term specified under paragraph 3 unless:
a) The group breaches and/or otherwise fails to fulfill its obligations under this
memorandum, or
b) Both the Municipality and the Group reach a mutual agreement to terminate the
arrangements prior to the normal expiry, or
c) The property owner for any reason requires the removal of the building
Ownership
5. The Municipality shall assume ownership of the subject building. All goods and items
brought to the building and repairs made to the building shall become Municipal property
unless otherwise agreed in writing.
Building Relocation
6. The Group shall make all necessary arrangements and obtain any required permits to move
the subject building to the site. The Municipality shall be responsible for all costs of moving
permits for the subject building.
Building Services
7. The Municipality shall be responsible for the installation, permits, inspections, and costs of
any services to be provided to the building, including but not limited to electrical services.
The supply of any such services shall be at the sole discretion of the Municipality.
Schedule"A"
Other Services
8. Changes or additions to other services (ie: telephone services) shall not be undertaken
without the written consent of the Municipality.
Structural Repairs
9. The Group will accept responsibility for and proceed to repair any and all structural defects
identified at the building at the time the building is relocated to the site, and for a period of
two(2)years from the time of installation.
Other Repairs
10. The Group will undertake and finance all repairs/defects outlined in the Inspection Survey
Report provided by Home Facts Canada dated April 15th, 2007 upon installation of the
building on-site.
Staffing
11. The Group may provide for and finance staffing at the building for the term of this
memorandum. The provision of such staff shall be at the sole discretion of the Group. Any
such staff shall remain the employees of the Group, and not the Municipality.
Permitted Uses
12. The Group may operate or cause to be operated a Tourist Information Centre/Interpretive
Centre only at the building. No other business or activity shall be permitted in the building
unless approval is obtained in writing from the Municipality.
Insurance
13. The Municipality does not provide THIRD PARTY LIABILITY INSURANCE beyond any
coverage required to protect its own interests. The Municipality therefore recommends that
the Group make arrangements for its own liability insurance coverage as the Group deems
necessary.
Maintenance Services
14. The Municipality shall during the continuance of this agreement assume responsibility for
cleaning, waste disposal, and property maintenance (landscaping, grass cutting) services to
the premises.
Security
15. The Group agrees not to change or place any additional locks upon any doors of the
premises and not to permit any duplicate keys to be made thereof without the knowledge and
consent of the Municipality and without providing a key to the Municipality, and to
surrender to the Municipality on the termination of the lease all keys of the said premises.
IN WITNESS WHEROF the parties have hereunto set their hands and seals and the Corporation
has affixed its corporate seal under the hands of its proper officers duly authorized that behalf.
SIGNED:
On Behalf of the Municipality of Bayham
1
A A i ,1 A. A
Mayo
Clerk
Port Burwell Business Advisory Group
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