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HomeMy WebLinkAboutOES 43-07 REPORT TO EXECUTIVE COMMITTEE 72 Report Number: OES 43-07 Date: December 10, 2007 From: Everett Buntsma Director, Operations & Emergency Services Subject: Memorandum of Understanding - Pickering Men's Slow Pitch League - and the City of Pickering - File: A-2132 Recommendation: 1. That Report OES 43-07 of the Director Operations & Emergency Services be received; 2. That Council approve entering into the Memorandum of Understanding regarding donations from the Pickering Men's Slow Pitch League; 3. That the Mayor and Clerk be authorized to sign the Memorandum of Understanding; and 4. That the appropriate City staff be authorized to give effect thereto. Executive Summary: In May of 2007 the executive of the Pickering Men's Slow Pitch League approached City staff in regards to establishing an account with the City of Pickering for the safe keeping of funds that the League has raised over the years to contribute to a major softball facility. The League Executive have raised $125,000 towards this project and wish to ensure the funds are allocated for this specific purpose for a period of not less than ten (10) years. Over the ensuing months the Director, Operations & Emergency Services, Director, Corporate Services & Treasurer and the League Executive have finalized the Memorandum of Understanding (MOU); the City Solicitor has also provided input. Under the MOU the City will place all donations in an appropriate account and all accrued interest will be left in the account. The Director, Corporate Services & Treasurer will be preparing a Report to Council establishing the appropriate reserve fund. Memorandum of Understanding Pickering Men's Slow Pitch League December 10, 2007 Page 2 73 After July 1, 2017 the funds may be used for a non softball facility with the approval of the League, however, it is the desire of all parties that the funds be used for a softball facility. Financial Implications: The MOU does not commit the City to any budget implications or cost contribution at this time. Sustainability Implications: Donations from sponsoring organizations, reduces the impact on City budgets. Background: Not applicable Attachments: 1. Memorandum of Understanding Endorsed By: ~~- <~... 2 :--'3~ Gillis Paterson Director, Corporate Services & Treasurer EB:mld Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City. Co 'I .4 ;/&/ 74 / tr,~, U) -c "7 / ,2 MEMORANDUM OF UNDERSTANDING BETWEEN THE CORPORATION OF THE CITY OF PICKERING (the "City") - and - THE PICKERING MEN'S SLOW PITCH LEAGUE (the "League") 1. The purpose of this Memorandum of Understanding ("MOU") is to set forth the basis under which the League will provide an initial donation of between $100,000 (one hundred thousand dollars) and $125,000 (one hundred and twenty five thousand dollars) to the City, to be held in an appropriate account as determined by the City. 2. Prior to July 1, 2017, the funds shall be used as a contribution towards a men's softball facility within the City limits of at least (4) four diamonds and amenities thereto and the League will be recognized as a partner. 3. On or after July 1, 2017, the funds shall remain with the City to be used for the above-mentioned facility or may be used towards the cost of a community facility subject to approval by the League and the League will be recognized as a partner. 4. The League may make additional contributions to the City from time to time, which, will be placed in the above mentioned account for these purposes. 5. The account will be interest bearing and all interest shall remain in the account. 6. The City shall provide an annual statement duly approved by the City Treasurer to the League indicating year-end balances and interest accrued. 7. No one shall have access to withdraw from the account without express written permission of the Treasurer of the City. 8. Neither the City nor the League shall be entitled to assign this MOU to any other party without the written consent of both parties. 9. This MOU may not be supplemented, modified, amended, restated, extended or replaced except by written consent of both parties. 10. This MOU constitutes the entire agreement between the parties. i (\ HI pmn r: CEj,-4 3 -c-7 ,.':) ,.: IN WITNESS WHEREOF the parties have executed this Memorandum of Understanding as of the day of THE CORPORATION OF THE CITY OF PICKERING Mayor Clerk THE PICKERING MEN'S SLOW PITCH LEAGUE 75