HomeMy WebLinkAbout23 107 The Kincardine Lawn Bowling Club Agreement (2023) By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2023 – 107 Being a By-law to Authorize an Agreement with The Kincardine Lawn Bowling Club for the Rental of Space at 216 Lambton Street, Municipality of Kincardine Whereas Section 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, 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 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 Corporation of The Municipality owns the property located at 216 Lambton Street, Municipality of Kincardine; and Whereas Council of The Corporation of the Municipality of Kincardine deems it advisable to enter into an Agreement with The Kincardine Lawn Bowling Club for the rental of space at the 216 Lambton Street; now therefore be it Resolved that 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 Kincardine Lawn Bowling Club, for the rental of space at the 216 Lambton Street, Municipality of Kincardine, 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 CAO be authorized to sign and execute, on behalf of The Corporation of the Municipality of Kincardine, the Agreement with The Kincardine Lawn Bowling Club. 3. That this By-law shall come into full force and effect upon its final passage. 4. That this By-law be cited as “The Kincardine Lawn Bowling Club Agreement (2023) By-law”. Read a First and Second Time this 19th day of June, 2023. Read a Third Time and Finally Passed this 19th day of June, 2023. Mayor Clerk USER AGREEMENT THIS AGREEMENT made this 19th day of June2023. the "Effective Date" BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE (Hereinafter referred to as the 'Municipality') -AND - THE KINCARDINE LAWN BOWLING CLUB (Hereinafter referred to as the `Club') WHEREAS the Municipality is the registered owner of the lands described in Schedule A, attached hereto, and municipally known as the Kincardine Lawn Bowling Greens—216 Lambton Street, Municipality of Kincardine; AND WHEREAS the said lands and premises hereinafter described are utilized from and are under the control of the Municipality; AND WHEREAS the said lands and premises are not required by the Municipality for any other purpose other than public greens, and the Municipality has agreed to a User Agreement the same for use by the Club subject to the terms and conditions herein set out; AND WHEREAS the parties wish to enter into a mutually beneficial User Agreement for the use of municipally owned lands for the provision of lawn bowling excluding any other recreational activities; IN CONSIDERATION of the rents, covenants and obligations stipulated herein the Municipality and the Club have agreed to enter into a User Agreement of the lands more particularly described as 216 Lambton Street, Municipality of Kincardine NOW THEREFORE this User Agreement witnesses that in consideration of the mutual convents and agreements hereinafter set out, the parties hereto agree as follows: 1. Term (a) This agreement shall be for five (5) years, to be in effect from June 19, 2023 to June 19, 2027 during the term from June 1 to September 30 each year. (b) Renewal of this agreement shall be at the discretion of the Municipality. 2. Responsibilities The Club: (a) Shall operate a seasonal lawn bowling club, at 216 Lambton Street, which will provide members and non-members of the Club with lawn bowling opportunities; (b) Shall be responsible for the collection of seasonal and drop in memberships; (c) Club activities shall have precedence over public activities on the greens; (d) Maintain the premises in useable order and operate the lands and premises in the best interest of the Municipality; (e) Responsible for all signage pertaining to the operations of the greens including rules, regulations, and hours of operation upon approval from the Municipality, and utilizing the Municipal signage strategy; (f) Provide an annual financial statement to the municipality at the end of the lawn bowling season. The Municipality: (a) Shall be responsible for providing hydro and water, free of charge to the Club; (b) Shall ensure that the waste is removed from the garbage cans surrounding the lawn bowling greens; (c) Shall have the right to request the greens for programming purposes (i.e. Senior Games and other special events. 3. Capital Improvements Requests for capital improvements and major repairs to the greens or premises shall be submitted by the Club in writing to the Municipality for consideration during the annual budget process. The Club will be asked to contribute to capital via a cost sharing arrangement. Any additional modifications to the facilities shall be mutually agreed upon. 4. Noise The Club shall at all times ensure that its members and participants are in compliance with the Municipalities Noise Control By-Law, and that noise from its activities are not interfering with the enjoyment of other users or residents in or adjacent to the Permitted Lands. 5. Permitted Fences, Structures, and Signage (a) Fence or Structures The Club shall not erect any fences or structures in the Permitted Lands, with the exception of fences or structures required for safety purposes approved by the Municipality, prior to construction. (b) Signage The Club will be responsible for all costs associated with signage pertaining to the operations of the greens including rules, regulations, hours of operation upon approval of the Municipality and utilizing the Municipal signage strategy. 6. Damages to Municipal Property The Club shall be responsible for any damage or excess maintenance required to the Permitted Lands inside the fence as well as the Club House caused by the Club's use and equipment and shall pay the Municipality any excess maintenance or repair costs incurred by the Municipality. 7. Club's Equipment The Club shall ensure that at all times its equipment meets the minimal level of standard to ensure safe play for all. 8. Insurance All Risks Property Insurance All risks (including sewer damage, flood and earthquake) property insurance in an amount equal to the full replacement cost of property of every description and kind owned by the Club or for which the Club is legally responsible, and which is located on or about the Demised Premises, including, without limitation, anything In the nature of a leasehold improvement. Commercial General Liability Insurance The Club 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 $2 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 that $2 Million and shall include contractual non-owned coverage; (e) Contents insurance for items in the Club House; (f) Products and completed operations coverage; (g) Broad Form Property Damage; (h) Contractual Liability; (i) Hostile Fire; (j) The policy shall provide 30 days prior notice of cancellation; The Kincardine Lawn Bowling Club's insurance is excluding any programs offered by the Municipality or other agencies operating on the lawn bowling greens. The Municipality will not be held liable for any damage to items stored within the Club House. Each policy will provide that the insurer will not have any right of subrogation against the Municipality on account of any loss or damage covered by such insurance or on account of payments made to discharge claims against or liabilities of the Municipality or the Club covered by such insurance. The cost or premium for each and every such policy will be paid by the Club. Primary Coverage The Club's insurance shall be primary coverage and not additional to and shall not seek contribution from any other insurance policies available to the municipality. Certificate of Insurance The Club shall provide a Certificate of Insurance evidencing coverage in force at least 10 days prior to User Agreement commencement. The Municipality at its sole discretion may in writing change the insurance required under this Agreement including, but not limited to, the limit of insurance. The revised insurance requirements will come into effect upon the next renewal date of the Club's existing policy. 9. Indemnity The Club agrees to defend, indemnify, and save harmless in full the Municipality, its elects, appointees, officials and employees from all liabilities, fines, damages, suits, claims, demands, actions, including reasonable legal fees, in connection with loss of life, personal injury, damage to property or any other loss or injury whatsoever arising from or out of any occurrence in, upon or at the Permitted Lands or the occupancy or use by the Club, or occasioned wholly or in part by any act or omission of the Club or by anyone permitted to be on the Permitted Lands or Lands by the Club. 10.Termination (a) Termination by the Municipality If the Club defaults in performing any of its obligations pursuant to this User Agreement in such a way that the Municipality perceives to be a threat to public safety, the Municipality may demand that the Club immediately cease its operations. In all other instances of the Club's default in performing its obligation pursuant to this User Agreement, the Municipality shall provide written notice to the Club of such default and shall give the Club until its next operating day or as determined by the Director of Community Services and/or their designate to remedy the default. If the Club fails to remedy the default by its next operating day, the Municipality may terminate this Agreement. In the event of termination by the Municipality for any reason, the Club shall not be entitled to reimbursement of any portion of any fees paid to the Municipality. The Municipality may terminate this User Agreement by providing one (1) year written notice of termination to the Club. (b) Termination by the Club The Club may terminate this User Agreement by providing thirty (30) days written notice of termination to the Municipality. 11. Designated Representative(s) Upon entering into this User Agreement, the parties hereto agree to each designate a representative for the purposes of this Agreement and also agree that the designated representatives may deal with each other in respect to all matters arising under this Agreement. For the purpose of this agreement, the designated representatives are as follows: The Corporation of the Municipality of Kincardine ATTN: Director of Community Services RR#5, Concession 5 Kincardine, Ontario N2Z 2X6 Kincardine Lawn Bowling Club ATTN: Bob Bylsma, Club President 1051 Huron Terrace Kincardine, ON N2Z 1E6 12.Assignment The Club shall not assign this User Agreement without the expressed written consent of the Municipality, which consent will not be unreasonably withheld. 13. Binding Effect: a) This agreement binds and benefits the parties and their respective heirs, executors, administrators, representatives, successors, and assigns. IN WITNESS WHEREOF the parties have duly signed and/or affixed their corporate seals attested by the hands of their respective officers duly authorized in that behalf. SIGNED, SEALS AND DELIVERED this blank day of July, 2022. KINCARDINE LAWN BOWLING CLUB Robert B Isma ............... Signed with ConsignO Clou (2023/0(5/16) II Ille III II(II III(IIIIIIII Verify with verifio.com or Adobe Reader. President— Bob Bylsma DonBrown 0................�.................................................................................. Signed dwith or ConsignO oAdobe2Reader9)Vverifio.comII Mlle IIII�(I II III IIIIII y with Executive (Grounds Keeper) — Don Brown We have the authority to bind the Club. THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Kenneth Craig Signed with ConsignO Cloud(2023/06/20) �IIIIII III �I Verify with verifio.com or Adobe Reader. Kenneth Craig, Mayor j i I lene Bel Icham ber-G lazier Signed with ConsignO Cloud(2023/06/20) I�IIII II ICI �IIIIIIIIIIII Verify with verifio.com or Adobe Reader. Jillene Bel lchamber-Glazier, CAO We have the authority to bind the Corporation. toLHEODIULE A" P.arrRUG,M� I � 1bmirLrerod kf��e � e, KINCARDINE LAWN B GREENS LLAA r i i f i l �i r r i / f .� i I i i i i 1 r i r 1; uuuu ���i144iI���V�4N4upipipi��u�lo�u�ipIV4V40�iQQIVi u J � rrrr, 1 rl