The Corporation of The Town of Ambersthurg Brenda M. Percy Manager, Council & Legislative Services/Clerk bperey@amherstburg.ca April 12, 2011 Christopher Thompson c/o Windsor Star 167 Ferry Street, Windsor, Ontario N9A 4MS Dear Mr. Thompson Re MFIPPA Request In response to your request made under the Municipal Freedom of Information and Protection of Privacy Act dated February 11, 2011, enclose the following documentation: 1) Copy of Agreement of Purchase and Sale between The Corporation of the Town of Amherstburg and Richard James Massen for the property known as 3381 Meloche Road; 2) Copy of Agreement between The Corporation of The Town of Amherstburg and Richard James Massen dated May 3, 2010 regarding naming rights for the main street leading into the new complex; 3) Copy of Agreement between The Corporation of The Town of Amherstburg and Rotary Club of Amherstburg and Richard James Massen dated December 2, 2010 regarding the naming rights for the score clock located at the Miracle League Field, Amherstburg Recreation Complex; You may ask that the Information and Privacy Commissioner/Ontario review this decision by contacting 2 Bloor Street East, Suite 1400, Toronto, Ontario, M4W 1A8. Sincerely, as Brenda M. Perey Enels. Website: www.amherstourg.ca 277 SANDWICH ST. SOUTH, AMHERSTBURG, ONTARIO NOV 2AS Phone: (519) 736-0012 Fax: (519) 736-5403 TTY: (519) 736-9860OFFER TO PURCHASE Agreement of Purchase and Sale Purchaser: THE CORP’ 1 Sandwich ‘Street South, Amherstburg, ON NSV2AS 0, hereinafter the "Purchaser", ‘agrees to purchase from, Vendors: RICHARD JAMES MASSEN, 3361 Meloche Road, Amherstburg, ON NOV 2¥8, inereinafir the “Vendor, the folowing Property: The property in the Town of Amherstburg, known municipally as_3381 Meloche ‘Road, Amherstburg, Ontarig. having atotal acreage of approximately Seventy (70) ‘eres, more ores, and legally described as Partof Lot.28 Concession 3 Malden ‘a8 inlostrument Number 1039009, and more particulary set outas Parts 1 and 2 in Schadule “A* attached hereto and forming a part of this Agreement, and hereinafter called the “Property’. Purchase The purchase price wil be FOUR HUNDRED SIX THOUSAND DOLLARS Price: {5408 000.00) of awful money of Canada, representing approximately $5,800 per acte and payable as follows: Deposit: The sum of ONE THOUSAND DOLLARS (51,000.00) as 4 deposit by cheque will be delivered and payable to the Vendors’ Lawyer in trust, upon acceptance of this. (ffertobe held by them in trust pending completion or termination ofthis Agreement and to be credited towards the purchase price on completion. Payment: The Purchaser agrees to pay the balance of the purchase price by way of certified cheque or bank draft on closing subject to all usual adjustments, Additional Terms and Conditions: ‘This Agreementis subjectto the additional terms and conditions as setoutin Schedule "8" ‘attached hereto which forms an integral part hereof. Torms and Provisions: This Agroement of Purchase and Sale shall be eubject to the following terms and Provisions: 1. Planning Act: Provided that this Agreement shal be effective to create an interestin the property only if the subdivision control provisions of the Planning Act are complied with by the Vendors on or befare completion. The Vendors hereby covenant to proceed diigently at their expense to obtain any necessary consent on or before completion, 2, Chattols included: The Purchase Price herein shall alsoinclude the following chattels, all ff which are owned by the Vendors, ree and clear of any encumbrances! None 3. Fhatures excluded: The Purchasers and Vendors agree that all existing fixtures shall remain afficed to the Property, and are included in the Purchase Price fee and clear of af ‘encumbrances except tne following: Hot Water Tank - 4. Rental tems: The following equipments rented and not included inthe Purchase Price. ‘Tho Purchaser agrees to assume the rental contracts, if assumable: Hot Water tank = if rented, 5. _erevocabllty: This Offer shallbe imevocable by the Purchaser until 5:00 p.m. on_the after the date of and presentment Pi . after which time, if not accepted, this Offer shall be null and void, and the ‘deposit retumed fo the Purchaser without interest or deduction. ‘This Agreement of Purchase and Sale shall be completed by no later than 6:00 p.m. on the _30ih___ day.after acceptance by the Vendor Upon completion vacant possession ofthe Property shall be glvon'o the Purchasers unless obverwise provided for in thisPage 2 ‘agreement. The Purchasers and tha Vendors may, at any time, mutually agree to complete this, ‘vansaction on a date prior to the scheduled closing date indicated above, 7. Notices: Any notice or ther document required or permited tobe given hereunto to any ‘ofthe partes hereto shall be in writing, mailed or by registered mail, postage prepaid or delivered bby hans tothe parties attheir respective addresses asset fortuhersin or as acvised by elther party. 8. _G.S.T, Ifthis transaction is subjectto Goods and Services Tax (GST) thenauich GST shall ‘be in addition to, and notincluded in, he purchase price, and GST shall be collected and remitted in accordance with applicable legisiation. If this transaction is not subject to GST, the Vendors agree to provide on or before closing to the Purchasers or the Purchasers’ solicitor @cartficate in the form prescribed by the applicable legislation (iso prescribed, oratherwise ina form reasonably safactorytothe Purchaser or Purchaner soto crying tate raneacton snore 9, Title search: The Purchasers shall be alowed unti the 10 day prior e.the Closing Date, (Requisition Date) to investigate the ttle to the property at thelr own expense and to satisfy themselves that ther is no breach of muniipalr other governmental requirements affecting the realpropery, andthatits present use ofvacantfarm and may belawfull continued, ‘The Vendors hereby consent to the municipality or other governmental agencies releasing to the Purchasers deta of all outstanding work orders affecting the property, and Vendors agree to execute and deliver such further authorizations in this regard as Purchasers may reasonably requie. 10. Survey: The Vendorshereby agree to detiver up any Survey that they may have in their possession 11, Future use: The Vendors and Purchasers agros that there is no representatior or warranty ‘of any kind thatthe future intended use of the property by the Purchasers is or willbe lewfulexcept ‘as may be specifically provided for in this agreement, 12, Title: Provided that the ttle to the property is good and free from allrestictiors, charges, liens, claims and encumbrances, exceptas otherwise specifically providedin this Agreement, and save and except for {))_ any registered restrictions or covenants that run with the land, provided that such are complied with, (i) any registered agreements with a municipality or a supplier of utility services including, ‘without limitation, electricity, water, sewage, gas, telephone or cable television or other telecommunication service, providing such have been complied with or securiy has been posted to ensure compliance and completion as evidenced by letter from the relevant ‘municipality or utility supplier, and, (ii) anyminoreasements for he supply otutlity service to the property orto adjacent properties. \fwithin the time for examining the tite any valid objection to ttle, or any outstanding Work Order or Deficiency Notice, orto the fact thal the said present use may not lawfully be continued, or thatthe principal building may not be insured against isk of fire, is made inwriting to Vendars or Vendors’ soliiter, which Vendors are unable or urwaling toremove, remedy or satisfy, and which the Purchasers willnotwalve, thie Agreornent notwithstanding any intermediate acts ornagotiations inrespect of such objections, shall be a( an end, and all money theretofore paid shall be retumed ‘withoutinterest and withoutdeduction and Vendors and their agents shall notbe liable fer any costs. for damages. Save as o any valid objection so made within such te, and except for any objection {20ing tothe rootof lite, Purchasers shall be conclusively deemed to have accepted Vendors’ tie tothe property. Vendors hereby consent fo the municipality releasing to Purchasers datails ofall outstanding Work Orders or Deficiency Notices affecting the property, and Vendors agree to ‘execute and deliver to the Purchasers ortheirsoiicitor such further authorizations in this regard as the Purchasers may reasonably require. 43, Closing arrangements: Where each of the Vendors and Purchasers retain a lawyer to ‘complete the Agreement of Purchase and Sale of the Property, and where the transaction willbe ‘complated by electronic registration pursuantto Parti ofthe Land Registration Reform Act. R.S.O. 1990, Chapter L4. and any amendments thereto, the Vendors and Purchasers acknowledge and agree thatthe delivery of documents and the release thereof to the Vendors and Purchasers may, at the lawyer's discretion; (a) not eccur contemporansously with the rogistrafion of the ‘TransferfBeed and other registerable documentation) and (b) be subjectto conditions whereby the awyer receiving documents and/or money wil be required to hold thers in rust and not release them except in accordance wath the terms of a witen agreement between the lawyers. Unicss ‘otherwise agreed to by the lawyers, sich exchange of documentation will occur in the applicable Land Titles office or such other location agreeable to both lawyers.Page 3 14, Documents and Discharyo: The Purchasers shall not call for the production of any tite, deed, abstract, survey or other evidence of tite except such as are in the possession or contol of the Vendors, in the event that a discharge of any mortgage or charge held by a corporation incorporated pursuant to the Trust and Loan Companies Act (Canada), Chartered Bank, Trust ‘Company, CreditUnion or insurance Company and whichis not being assumed by the Purchasers ‘on completion, is not available in repistrabie form on completion, the Purchasers agree to accept the Vendors’ solicitor’s personal undertaking to obtain, out af the closing funds, a discharge or ‘cessation of charge inregistrable form andto register same or cause same tobe registored ontitle within a reasonable period of time after completion, provided that on or before cempletion the ‘Vendors shall provide tothe Purchasers a morigage statement prepared by the mortaagee setting ‘outthe balance required to obtain the discharge, together with a direction executed by the Vendors directing payment to the mortgages of the amount required to obtain the discharge out of the balance due on completion. 18, _ Inspection: Purchasers acknowledge having had the opportunity toinspectthe property and understand that upon acceptance of the Offer here shall be a binding agreement ofpurchase and ‘sale betwoen Purchasers and Vendors. 16, Insurance: Allbuildings on the propery and allother things being purchased shall be and. ‘emain until completion atthe risk of he Vendors. Pending completion the Vendors shall hold all policies ofinsurance,ifany, and the proceeds thereofin tustfor the parties hereto, as theirinterest ‘may appear. in the avent of substantial damage to the Property before the completion of the transaction, the Purchasers may oles tminate this agrementandhaveall monies paid reumed \without interest or deduction or else take the proceeds of anyinsurance and complete the purchase. No insurance shall be transferred on completion, if Vendors are taking back a charge/mor.gage, ‘or Purchasers are assuming.a charge/mortgage, Purchasers shall supply Vendors wih reasonable evidence of adequate insurance to protect Vendors’ or other mortgagee’s interest on completion. 17, Decumentpreparation: The Deed or Transfer, save for Land Transfer Tax Affidavit is to bbe prepared at the expense of the Vandors in a form acceptable by the Purchasers’ solicitor, and ifa Mortgage or Charges tobe given back, it shall be prepared at the expense of the Purchasers ina form acceptable fo the Vendors’ solicitor. If requested by Purchasers or their Solicitor, the ‘Deed of Transfer shall contain the statamentof the Vendors and the Vendors' solicito:referréd to in Section 50(22) of the Planning Act, as amended. 18. Residency: The Vendor agrees to produce evidence that they are not now and that on closing they will not be non-residents of Canada within the meaning of Saction 116 of the Income ‘Tax Act, or inthe altomative, evidence thatthe provisions of said Section 116,regarding disposition of property by a non-resident person have been complied with at or before closing. 19. Adjustments: Any rents, mortgage interest, interest on deposit realty taxes including local improvermentrates and un-metered public or private utility charges and un-metered cost of fuel, applicable, shall be apportioned and allowed tothe day of completion, the day of completion to be apportioned to Purchasers. 20. Time Limits: Time shall allrespacis be of the essence hereof provided that ihe time for doing oF completing of any matter provided for herein may be extended or abridged by an agreementin wring signed by the Vendors and Purchasers or by theitrespective lawyers whomay be specifically authorized in that regard 21. Tender: Any tender of documents or money hereunder may be made upon the Vendors (of Purchasers or upon the solicitor acting for ine party on whom tender is desired, anc‘it shall be Suficiontthata cheque certified bya chartered bank or rust company>be tendered instead of cash. 22. FamilyLaw Act: The Vendors represent and warrant that no consantto this transaction is, required pursuantto Section 2\(1) ofthe Family Law Act, 1986, uniess te Vendor's spouses, fa fhave executed this Agreement to consent thereto, and that the Transfer/Deed shall contain 9 ‘statement by the Vendors as required by subsection (3) of Section 21 or the Vendor's spouses, it any, shall execute the Transfer/Dead to consent thereto. 23. UFF: The Vendors represent and warrant to the Purchasers that during the ime the Vendors have owned the property the Vendors have not caused any building onthaproperty tobe insulated with insulation containing urea formaldehyde, and that to the best of the Vendors’ knowledge nc building onthe property contains of hag ever containedinsulation thatcontainsurea formaldehyde. This warranty shal survive and not merge on the completion ofthis transaction, If thebulldingis partofa multiple untbulding, tis warranty shall only apply tothatpartofthe building ‘which is the subject of his transaction. 24, Agreement In writing: It's agreed that there is no representation, warranty, coliateral ‘agreement or condition affecting this Agreement or the Property or supported hereby than as.Page 4 expressed hereinin writing, This Offer and its acceptance is to be read with all changes of gender or number required by the context. This agreement ncluding any schedules attached hereto shall constitute the entire agreement between the Purchasers and the Vendors. 25. Successors and Assigns: Theheirs, executors, administrators, successors and assigns of the undersigned are bound by the terms of this Agreement of Purchase and Sele, 26. Agreement: This Offer, when accepted, shall constitute a binding contractof aurchase and sale, IN WITNESS WHEREOF the Purchasers hereto have hereunto set their hands and seals. DATED at. Anners7Buri C ON, this [8h day of NlovenBer , 2008. SIGNED, SEALED & DELIVERED ) in the presence of ) ) ) ) ) ) ) ) ) ) )NIMC: Afrsed AA er7 } WO yet Adrncpsrhtre CE eL. ) ) vile ave Raheny t0 Sind he corporation IN WITNESS WHEREOF the Vendors hereto have hereunto set their hands and seals. DATED at fea rcouw) “on, this 14 Gay ot A duLénra be, 2008 Vendor - Richard Jaies Massen Vendors’ Lawyer: Pur i: Pegay Golden ‘Armando F.DeLuca Golden & Golden Mousseau Deluca McPherson Prince 13 King Street West 500-251 Goyeau Street P.0.Box 279, Harrow, ON NOR 1GO Windsor, ON NSA 6V2 phone: (519)736-4111, fax: (619)738-3470 phone:(519)258-0615, fax:(519)258-6833Schedule “A” to Agreement of Purchase and Sale betwoon ‘The Corporation of the Town of Amherstburg Richard James Mas: PART 2Schedule “B" to Agreement of Purchase and Sale Between ‘The Corporation of the Town of Amherstburg ‘and Richard James Massen ‘The tarms and conditions set out herein are incorporated and form an integral partoftre Agreement of Purchase and Sale between the Purchaser and the Vendor. 1 ‘The Purchaser agrees that, for a period of thirty (30) years from the date of acquisition, the Property shall be used only for municipal purposes, which purposes may include agricultural uses. The Vendor and the Purchaser acknowledge that the Vendor and Mr. Carey Collard currently reside in a portion of the subject Property containing approximately 20 acres and more particulary indicated as Part 2 on Schedule “A” attached hereto. The Purchaser hereby agrees and confirms that the Vendor shall be permitted to continue tc use, occupy. and enjoy the portion ofthe property indicated as Part 2.0n Schedule “A”, during his lifetime and further that Mr. Carey Collard shall be permitted to continue to use, occuay and enjoy the portion of the property indicated as Part 2 on Schedule “A” for a further period not to exceed six (6) years from a date which is the earlier of elther the death of the Vendor or such time as the Vendor no longer uses that portion of the Property as his principal residence. ‘The use of the aforementioned 20 acre portion of the property, indicated as Part 2 on ‘Schedule * shall be at an annual fee of one dollar ($1) and subject to the reasonable terms and conditions as required by the Purchaser for such use. occupation and enjoyment. ‘The Purchaser covenants and agrees that any such use may be consistent with the prior use of that portion of the Property. ‘The Purchaser shall be responsible for all costs associated with the preparation and registration of a Reference Plan, ifrequired, to properly identify the Property. !1theeventa Reference Plan is required, the Completion Date as indicated in paragraph 6 of the ‘Agreementof Purchase and Sale shall be extended to a date nolater than 14days after the completion and registration of any such Reference Plan. The Vendor covenants, represents and warrants that as of the date of the acceptance of this. ‘Agreement: there are no legal actions, suits or proceedings pending or threatened with fespect to the Property; the Vendor has not received any notice of and is not aware of any expropriation or proposed expropriation of the Property of any part thereof, there exist no agreements, covenants or instruments that in any way prevent or prohibit the Vendor from ‘entering into this Agreement or complying with or satisfying any af its terms or conditions. ‘The Purchaser covenants and agrees thatit shall make every reasonable effort to ensure that the older oak trees located on the Property shall not be removed unless itis necessary and essential to remove these trees in the event of development of the Property. The Purchaser further covenants and agrees that remedial action is required to rectify a current drainage issue on the portion of the property which will continue to be occupied by the Vendor (being Part 2 on Schedule “A’), and that the Purchaser agrees, atits sale costand expense, to rectify any current drainage isaues associated wth this portion of the property in accordance with the directions and instructions of the Drainage Superintendent of the Town of Amherstburg and ensure proper drainage is maintained on the praperty which continues to be occupied by the Vendor. ‘The Purchaser acknowledges that approximately thirty eight (38) acres ofthe Property are leased to Steven Patrick on a sharecrop basis for the current 2008 crop season and as ‘such, the Purchaser acknowledges and agrees that the crops and any rights anc harvesting and profits to the crops are for the benefitof the Vendor and/or their tanant, Steven Patrick, and that the crops shall be harvested by the Closing Date. The Vendor agrees to provide to the Purchaser a copy of any written documentation evidencing such sharecrop atrangement within ten (10) days of acceptance of this Agreement and to assign to the Purchaser alt rights and obligations associated therewith upon the Closing Date. Ifpossible the Vendor covenants and agrees to terminate any sharecropping arrangement with Staven Patrick, and any other party, before the Closing Date,THIS AGREEMENT made as of this? day of THE CORPORATION OF THE TOWN ©F AMHERSTBURG. Hereinafter referred as the “Town” OF THE FIRST PART -AND- RICHARD JAMES MASSEN Hereinafter referred as the “Donor” OF THE SECOND PART In consideration of the mutual covenants and other considerations contained herein, the Parties agree that: 1. The Town grants to Richard James Massen certain naming rights on the premises described in paragraph 3 and 4 herein. The naming rights for the Main Street leading into the new complex (herein, the Main Street); naming rights for the street running parallel to the Main Street (herein, the Second Street); naming rights for the new soccer fields/park area (herein, the New Soccer Fields/Park Area); naming rights for the service road (herein, the Service Road); and the signage for the designated walking trail (herein, the Walking Trail) within the Amherstburg Recreation Complex for a term to commence on the December 31, 2010 and to end and be fully completed at such time as the building constructed in the 2009/2010 containing the Amherstburg Recreation Complex ceases to exist as a culture and recreation complex for consideration of $100,000.00 (ONE HUNDRED THOUSAND) DOLLARS to be payable in full by December 31, 2010. Naming rights are depicted in the attached Amherstburg Recreation Complex site plan. 2. From the date of commencement of this Agreement, the Town will designate the Main Street as Massen Drive and during the term of this Agreement the Main Street will at all times be known as Massen Drive. The Town will in all business and other documentation and in municipal promotional material refer to the Main Street asMassen Drive. Massen Drive will be part of the official mailing address of the new Amherstburg Recreation Complex. From the date of commencement of this Agreement, the Town will designate the Second Street as James Lane and during the term of this Agreement the Second Street will at all times be known as James Lane. The Town will in all business and other documentation and in municipal promotional material refer to the Second Street as James Lane. From the date of commencement of this Agreement, the Town will designate the New Soccer Fields/Park Area as Apple Lady Fields and during the term of this Agreement the New Soccer Fields/Park Area will at all times be known as Apple Lady Fields. The Town will in all business and other documentation and in municipal promotional material refer to the New Soccer Fields/Park Area as Apple Lady Fields. The Town will erect signage or plaque to be located in the Apple Lady Fields. This plaque or signage will give a chronological history on the use of the lands in the specific text shown as Schedule A. From the date of commencement of this Agreement, the Town will designate the Service Road as Richard Drive and during the term of this Agreement the Service Road will at all times be known as Richard Drive. The Town will in all business and other documentation and in municipal promotional material refer to this Service Road as Richard Drive. From the date of commencement of this Agreement, the Town will designate the Walking Trail as Carey’s Trail and during the term of this Agreement the Walking Trail will at all times be known as Carey’s Trail. The Town will in all business and other documentation and in municipal promotional material refer to this Walking Trail as Carey's Trail. The Town will erect signage: ii, | On the Main Street. iii, On the Second Street iv. On the New Soccer Fields/Park Area v. On the Service Road vi. On the Walking Trail The Town will be responsible for all design work, materials, construction and installation costs for the initial placement of the signage.11. 15. The Town will be responsible for all maintenance of the Main Street, Second Street, New Soccer Fields/Park Area;-and Walking Trail signage. The Town reserves the right to approve of any changes to the signage and will be responsible for mounting of said signage. The Town represents and covenants with Richard James Massen that the Town is the owner of the Main Street, Second Street, New Soccer Fields/Park Area; and Walking Trail, and has authority to make this Agreement. The Town further covenants, that if, at any time, during the term of this Agreement it transfers or relinquishes control of the Main Street, Second Street, New Soccer Fields/Park Area; and Walking Trail it will cause the party acquiring control of the Main Street, Second Street, New Soccer Fields/Park Area; and Walking Trail to assume this Agreement in full, including the continuing obligation under this section. It is agreed that neither Party to this Agreement will be bound by any representation or Agreement, which is not written in this Agreement. This Agreement will ensure to the benefit of and be binding upon successors and assigns of the Parties. Erection of all signage will be completed within 30 days of completion of the construction project. If Richard James Massen fails to make payments as described in Paragraph 1 of this Agreement, then in addition to any other remedies the Town may have, the Town will remove all signage and replace it with any signage it deems advisable, The Parties agree that any dispute pursuant to this Agreement will be determines pursuant to the Arbitrations Act.16. This Agreement shall enure to the benefit of and be binding upon the successors, assigns, heirs and demises of the Parties and may be enforced by their respective trustees, estate trustees or attorneys, as the case may be, in the event of the death or the incapacity of the Donor during the term of this Agreement. i. In the event that any payment due and payable by the donor prior to the 31st day of December 2010 is not paid as a result of the death or incapacity of the Donor, the time for payment shall be extended for that time as may be reasonably necessary under the circumstances, and the naming rights shall remain unchanged during the period of the extension. ii. With respect to the payment set out in paragraph 15 (i) of this Agreement, the Town acknowledges the receipt prior to the execution of this Agreement of the sum of $25,000.00 as a portion of the said payment made and received.SIGNED AND DELIVERED THE CORPORATION FO THE TOWN OF AMHERSTBURG PER oare_[V\en st ano Mayor. PER DATE. org * 2010 Clerk Prange Brenda Reray Chul ) Drag Bird fbpb Peedi fart DATE_*” | have the authority to bin: pate _May 3°", adore WITNESS acth |.APPENDIX A TO SPECIAL FRIENDS MABEL AND JAMES MASSEN At the tum of the 20" century, life on the farm was challenging for many new settlers. It became harder still for Mabel Massen when her husband, Bill Massen Sr., moved away to explore opportunities in Detroit, Michigan. Bill Jr. followed in his father’s footsteps leaving Mabel and her youngest son, James, struggling to maintain and keep their beloved farm. Mabel and James raised livestock, and sold fresh fruit and vegetables to survive through the trying times. Well known around town for her apple stands and warm, friendly smile, Mabel was affectionately nicknamed the “Apple Lady” until her passing in 1975. James (Jimmy) Massen was an accomplished farmer harvesting crops for his family and for other farmers throughout Essex County. He also repaired cars, trucks, radios, televisions and other small appliances and was known as the “Fix-It Man”. James Massen dearly wanted to give back to the Town he loved. He sold the farm, which had been in the family for 100 years, to the Town of Amherstburg so that it could make up the 149 acres needed for the new Amherstburg Recreation Complex. James Massen has led the community in philanthropic donations to the Amherstburg Community Foundation and Complex. His vision of “Something for Everyone” has been realized in the Amherstburg Recreation Complex, leaving a legacy of caring for current and future generations. Thank You Jimmy.APPENDIX B OPENING BALANCE: January 1, 2010 $100,000 Payment Received February 10, 2010 -$13,000 Payment Received February 19, 2010 -$12,000 Payment Received May 3, 2010 -$50,000 BALANCE DUE December 31, 2010 $25,000THIS AGREEMENT made as of this lwday of _Vrccwyw BETWEEN: THE CORPORATION OF THE TOWN OF AMHERSTBURG Hereinafter referred as the “Town” OF THE FIRST PART. -AND- ROTARY CLUB OF AMHERSTBURG Hereinafter referred as the “Rotary” OF THE SECOND PART -AND- RICHARD JAMES MASSEN Hereinafter referred as the “Donor” OF THE THIRD PART In consideration of the mutual covenants and other considerations contained herein, the Parties agree that: 1. The Town grants to Richard James Massen certain naming rights on the premises described in paragraph 3 and 4 herein. 2. The naming rights for the Score Clock (herein, the Premises) located at the Miracle League Field within the Amherstburg Recreation Complex for a term to commence on the December 31, 2010 and to end at such time as the building constructed in the 2009/2010 containing the Amherstburg Recreation Complex ceases to exist as a culture and recreation complex for consideration of $50,000.00 (FIFTY THOUSAND) DOLLARS paid in full to the Rotary Club of Amherstburg in December 2008. 3. From the date of commencement of this Agreement, the Town shall designate the Premises as the Jimmy Massen Score Clock and during the term of this Agreement the Premises shall at all times be known as the Jimmy Massen Score Clock.APPEN ooy pis euzoroW James LaneThe Town shall erect signage: i. On the Score Clock; ii, On the Miracle Field donor wall. The Town shall be responsible for all design work, materials, construction and installation costs up to $3,000.00 for the initial placement of the signage. Any costs above the initial $3,000.000 will be the responsibility of the Donor. The design of the sign shall be done in consultation with the Donor. The Town shall be responsible for all maintenance of the Miracle Field Score Clock signage. The Town reserves the right to approve of any changes to the signage and will be responsible for mounting of said signage. The Town represents and covenants with Rotary and Richard James Massen that the Town is the owner of the Premises, and has authority to make this Agreement. The Town further covenants, that if, at any time, during the term of this Agreement it transfers or relinquishes control of the Premises it will cause the party acquiring control of the Premises to assume this Agreement in full, including the continuing obligation under this section. It is agreed that neither Party to this Agreement will be bound by any representation or Agreement, which is not written in this Agreement. This Agreement will ensure to the benefit of and be binding upon successors and assigns of the Parties. Erection of all signage will be completed within 60 days of completion of the construction project. The Parties agree that any dispute pursuant to this Agreement will be determines pursuant to the Arbitrations Act.SIGNED AND DELIVERED DATE. December IO, 2010 DATE hec2 3/10. pate__Dée 23/10 pate __Deceember_/ofyo DATE aa 6, THE CORPORATION OF THE TOWN OF AMHERSTBURG PER Mayor, Li PER Cle ROTARY PER Age. Le - | have the authority to bind WITNESS DONORS fy 7 DON ard daptta Ihgarenr | have the authority ‘to bind