HomeMy WebLinkAbout22 143 Saddle Horse Ring (Tiverton Agricultural Society) Operating Agreement By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2022 - 143
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH
TIVERTON AGRICULTURAL SOCIETY FOR THE MANAGEMENT
AND OPERATIONS OF THE SADDLE HORSE RING
WHEREAS Sections 8 (1) and 9 of the said Municipal Act, provide that the powers
of a municipality under this or any other Act shall be interpreted broadly so as to
confer broad authority on the municipality to enable the municipality to govern its
affairs as it considers appropriate and to enhance the municipality’s ability to
respond to municipal issues and a municipality has the capacity, rights, powers and
privileges of a natural person for the purpose of exercising its authority under this
or any other Act;
AND WHEREAS the Municipality of Kincardine is the owner of the lands and
premises located at 20 McLaren Street, Tiverton, Ontario and known as the “Saddle
Horse Ring”;
AND WHEREAS the Tiverton Agricultural Society a service club incorporated
pursuant to the laws of the Province of Ontario for the purpose of promoting
charitable service to the public in and about the Village of Tiverton and surrounding
area, and has an interest in operating and managing the Saddle Horse Ring for the
benefit of the public;
AND WHEREAS the Municipality deems it advisable to enter into an agreement
with the Tiverton Agricultural Society for the management and operation of the
Saddle Horse Ring for the benefit of the public;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That The Corporation of the Municipality of Kincardine enter into an
agreement with the Tiverton Agricultural Society for the management and
operation of the Saddle Horse Ring in accordance with the terms and
conditions outlined in the agreement attached hereto as Schedule ‘A’ and
forming part of this by-law.
2. That the Mayor and Chief Administrative Officer be hereby authorized to
execute, on behalf of The Corporation of the Municipality of Kincardine, the
Agreement with the Tiverton Agricultural Society.
3. This by-law shall come into full force and effect upon its final passage.
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Saddle Horse Ring (Tiverton Agricultural Society)
Operating Agreement By-law
By-law No. 2022 - 143
4. This by-law may be cited as the “Saddle Horse Ring (Tiverton Agricultural
Society) Operating Agreement By-law”.
READ a FIRST and SECOND TIME this 8th day of August, 2022.
READ a THIRD TIME and FINALLY PASSED this 8th day of August, 2022.
Deputy Mayor Clerk
MUNICIPALITY OF KINCARDINE
TIVERTON AGRICULTURAL SOCIETY AGREEMENT
(Saddle Horse Ring)
This AGREEMENT made this 8th day of August , 2022.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Hereinafter called the "Municipality" Of the First Part,
-and-
TIVERTON AGRICULTURAL SOCIETY
Hereinafter called the "Society" Of the Second Part.
WHEREAS the Municipality is the owner of lands as identified on Schedule "A" of
this Agreement;
AND WHEREAS it has been deemed desirous by the Council of the Municipality
of Kincardine to allow the Society to operate and manage the Saddle Horse Ring
for the benefit of the public;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration
of the premises and mutual promises and covenants hereinafter contained, the
parties hereby agree as follows:
1. EXCLUSIVE USE OF PREMISES
a) The Municipality hereby grants and sets over to the Society that portion of
land indicated on Schedule "A", for the use of the Saddle Horse and
4-H Horse Show or its descendants at the Tiverton Fall Fair, as well as for
use by the 4-H Horse Club or its descendants to raise money for its upkeep
and equipment.
b) The Society agrees that the area may also be used by other groups
subject to the Society's approval.
c) The Society may use the Tiverton Sports Centre and grounds during the
Tiverton Fall Fair at no charge. The Society may also use the Sports Centre
and grounds for one late spring or summer event at no charge.
d) The parking area on the north and north-west of the arena is to be allotted
for parking on the day of Saddle Horse Ring events.
2. TERM
a) This agreement shall be for a five year term and shall commence on the 1 st
day of July, 2022 and shall continue until June 30, 2027, with the option of
an additional 5-year lease renewal.
b) The terms of this agreement shall be reviewed by the parties at least once
during the Agreement.
3. TERMINATION
a) This agreement may be terminated by either party giving 6 month written
notice of termination to the other.
b) This agreement may be terminated without notice at the discretion of either
party upon any act of default of the terms of this agreement, by either party
or upon the Agricultural Society ceasing to exist.
4. FINANCIAL TERMS
a) The costs of operating the show ring and the building including the
regular maintenance of the building and grounds shall be funded by the
Society.
b) The costs of capital improvements are the responsibility of the Society
after receiving written approval from the Municipality of Kincardine.
5. INDEMITY
The Society agrees to indemnify and hold harmless the Municipality from and
against all suits, judgements, claims, demands, expenses actions, causes of
action and losses and for any and all liability for damages to property and
injury to persons (including death) which the Municipality may incur, otherwise
than by reason of their own negligence or willful misconduct, as a result of
or arising out of or in relation to any breach of the terms of this Agreement, the
Municipality's own negligence or willful misconduct.
6. INSURANCE
The Society shall, at their expense obtain and keep in force during the term of
the Lease, Commercial General Liability Insurance satisfactory to the
Municipality and underwritten by an insurer licensed to conduct business in
the Province of Ontario. The policy shall provide coverage for Bodily Injury,
Property Damage and Personal Injury and shall include but not be limited to:
a. A limit of liability of not less than $5 Million per occurrence with an
aggregate of not less than $2 Million.
b. Add the Municipality of Kincardine as an additional insured with respect to
the operations of the Named Insured.
c. The policy shall contain a provision for cross liability and severability of
interest in respect to the Named Insured.
d. Non-owned automobile coverage with a limit of not less than $2 Million
and shall include contractual non-owned coverage
e. Products and completed operations coverage
f. Broad Form Property Damage
g. Contractual Liability
h. The policy shall provide 30 days prior notice of cancellation.
i. All copies of policies must be submitted to the Municipality prior to the
beginning of each season.
7. REPAIRS AND IMPROVEMENTS
a) It is acknowledged by the Society that the show ring will be used by the
public and must be maintained at all times in a safe condition for those using
it.
b) The Municipality shall inspect the grounds at least once yearly and then
provide a written report to the Society based on the results of its inspection,
outlining any maintenance deficiencies to be remedied by the Society
together with a time line for their completion.
c) Plans for all capital improvements and proposed major repairs shall be
submitted for approval to the Director or designate by the Society together
with estimates of the cost of such work and no such work shall be authorized
until the approval of the Municipality has been given.
d) All capital improvements to the show ring shall accrue to the benefit of the
Municipality and shall remain with the Municipality upon the termination of this
agreement.
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8. GENERAL
a) This agreement shall be binding on the Municipality of Kincardine and any
successor municipal corporation which may succeed or replace the
Municipality.
b) This agreement shall not be assigned or transferred by the Society without
the expressed written consent of the Municipality having been first obtained.
c) This agreement shall be in force and effect only upon its authorization by a
by-law by the Council of the Municipality of Kincardine.
d) Any changes or other amendments to this agreement may only be made by
further agreement in writing and duly authorized and signed by the parties.
e) The Corporation of the Municipality of Kincardine acknowledges that the
building indicated on Schedule "A", is owned by the Tiverton Agricultural
Society and shall remain the property of the Tiverton Agricultural Society
should the agreement be terminated.
IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal
attested by the hands of the Mayor and C.A.O. the 81th day ofAg_q_usZ022. The
Society has hereunto set her hands this 30th day of June, 2027.
SIGNED, SEALED AND DELIVERED TIVERTON AGRICULTURAL
in the presence of SOCIETY
Heather Convayllll
Signed with Cons'
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Heather Convay, President
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Mary Lehman, Treasurer
We have the authority to bind the
Organization.
THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
Gerry Glover ;'lllllllll
Signed with Consign0 Cloud(2022/08/15) IIII
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Gerry Glover, Mayor
Roxana Baumann
Signed with Consign0 Cloud(2022/08/11)
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Roxana Baumann, Acting C.A.O.
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SCHEDULE `A' OF AGREEMENT
Note: It is understood and agreed that this Schedule forms part of the Municipality's
Agreement
Re: Subject Property shown hatched
(20 McLaren Street)
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