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By-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 LOT -LO LOT 11 CONCESSION 2 \\:\\1\ \\.. !,,. ii. 44 CCN E55i0N 2 trs_ °Y.Irr :q r.s� Agricultural Land Ov,ned b-+ Other: Agricultural Land Or ned b. Others iA Agricultural Land ° MT". u 1 `tt. Osned b7 Others E. Multiple Turbinca \'''1... �4 m `ie-•able in the r >. Ei ----„-� distance `. �" / %,,S� �° 4 0 \ / "J \ \ \ LOT 11 \111 ' '6 4�°O�t. CONCESSION N., a ilii1it 1 m 0 N Agricultural Land • ��� Li O ned 6y Others o LOT 10 g CONCESSION 1 °'" ° c Township ofBayharn 9 Wind Turbine Kiosk s Conceptual Site Plan 0I .Figure 1 1:1000