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
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President— Bob Bylsma
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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
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Jillene Bel lchamber-Glazier, CAO
We have the authority to bind the Corporation.
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