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HomeMy WebLinkAbout05 193 Pavilion Phase 2 Agree e e e e THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2005 -193 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH FRIENDS OF THE PAVILION/ARCHITECTURAL CONSERVANCY OF ONTARIO FOR THE RENOVATION OF THE KINCARDINE BEACH PAVILION (156 Durham Street) WHEREAS Section 107 (1) and (2) (c) ofthe Municipal Act, 2001, S.O. 2001, c. 25, as amended, authorizes a municipality to make grants, on such terms as to security and otherwise as the Council considers appropriate, to any person, group or body for any purpose that Council considers to be in the interests of the municipality and the power to make a grant includes the power to provide for the use by any person of land owned or occupied by the municipality upon such terms as may be fixed by Council; AND WHEREAS pursuant to the said Municipal Act, Sections 8 and 9 (1) provide municipalities with the powers of a natural person to enable them to govem their affairs as they consider appropriate under this or any other Act and to enhance their ability to respond to municipal issues; AND WHEREAS The Municipality of Kincardine is the owner of the Kincardine Pavilion, located on property known municipally as 156 Durham St., in the Municipality of Kincardine. AND WHEREAS the Council for The Corporation of the Municipality of Kincardine deems it advisable to enter into an agreement with the Friends of the Pavilion/Architectural/Conservancy of Ontario for the final renovation stage of the Pavilion for the benefit of the public; NOW THEREFORE the Council for 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 Friends of the Pavilion/Architectural Conservancy of Ontario for the final renovation stage of the Pavilion. 2. That the Mayor and CAO be authorized to sign, on behalf of The Corporation of the Municipality of Kincardine, the Phase 2 Agreement with the Friends of the Pavilion/Architectural Conservancy of Ontario, which is attached to this by-law as Schedule "A". . . ./2 e e e e Page 2 Pavilion Phase 2 Renovation Agreement By-law By-law No. 2005 - 193 3. This By-law shall come into full force and effect upon receipt by the Municipality of Kincardine of a duly signed copy of an agreement with the Friends of the Pavilion/Architectural Conservancy of Ontario and upon a successful internal site plan review process, consisting of comments from relevant municipal departments and the Accessibility Advisory Committee on the Phase II agreement for the pavilion with the exception of the new foundation. 4. This By-law may be cited as the "Pavilion Phase 2 Renovation Agreement By- law". READ a FIRST, SECOND, and THIRD time and FINALLY PASSED this 21st day of December, 2005. ß:ll...1 k Mayor . ~ Clerk ... This is Schedule " 1L" to B r-La,w PHASE 2 AGREEMENT No.~ _~the£e-day (FINAL RENOVATION PHASE) of:J)" Jf4/71 2~ L~~ ~k.'~e ~ ... BETWEEN THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE (Hereinafter called the "Municipality") OF THE FIRST PART -AND- FRIENDS OF THE PAVILION /ARCmTECTURAL CONSERVANCY OF ONTARIO (Hereinafter called "Friends/ACO) OF THE SECOND PART WHEREAS the Municipality is the owner of lands and premises located at 156 Durham Street, Kincardine Ontario and known as the Pavilion and which is referred to throughout this agreement as the "Pavilion). AND WHEREAS the Municipal Act, 2001 S.O. 2001, c 25 section 107(1) and 2© authorizes a municipality to make grants, on such terms as to security and otherwise as the Council considers appropriate, to any person, group or body for any purpose that Council considers to be in the interests of the municipality and the power to make a grant includes the power to provide for the use by any person of land owned or occupied by the municipality upon such terms as may be ÎlXed by council AND WHEREAS it has been deemed desirous by the council of the Municipality of Kincardine to allow the Friends/ ACO to renovate the Pavilion for the benefit of the public; NOW THEREFORE, in consideration of the sum of $ 2.00 and other good and valuable consideration, the parties hereto agree as follows: 1. USE OF PREMISES (a) The Municipality hereby grants and sets over to the Friends/ACO the use of the Pavilion on and subject to the terms and conditions of this agreement. - 1 - ~ , (b) Such use shall include exclusive possession of the premises and its ÎlXtures and chattels provided the Friends/ACO remains in existence and continues to actively pursue its program of providing services to the public, subject to the term of this agreement. 2. TERM (a) This phase two agreement shall be the period of Dec. 22nd, 2005 to Dec. 22nd, 2006 or completion of the renovations, whichever comes fIrst. (b) Prior to phase three being contemplated (operational phase), a full proposal containing all details must be presented. 3 TERMINATION (a) This agreement may be terminated by either party giving 30 days written notice oftermination 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 Friends/ACO ceasing to exist. 4. TERMS OF OPERATION The Friends/ACO shall renovate the Pavilion on the following terms and conditions. (a) The renovation of the Pavilion must at all times be under the direction, supervision and control of the executive or designated members of the Friends/ACO and they shall appoint a representative as a designated liaison person to meet with the Economic Development & Tourism Manager regarding the terms of this agreement. At no time may this agreement or any rights hereunder be assigned to any other person by the Friends/ACO. (b) Renovation of the Pavilion shall be pursuant to the plan attached as Schedule "A" to this Agreement. This plan shall be subjectto the Site Plan Approval process and approved by this by-law and shall be used as the basis of any building permit issued for renovations. (c) The Friends/ACO shall take no action which would result in the premises or any of the attached ÎlXtures or chattels associated with it, being sold, transferred or in any way encumbered. (d) The Ftiends/ACO agree that the Pavilion may be moved during the term of this agreement at the sole discretion of the Municipality of Kincardine. Please note that it is the clear intention of the Municipality of Kincardine to use the land - 2- ~ , adjacent to the Water Treatment Plan for future water treatment expansion at some point in the future should it be required. 5. FINANCIAL TERMS (a) The parties agree that the cost of renovating the Pavilion shall be based on the following terms and conditions: 6. INSURANCE (a) The Municipality shall pay the cost of providing Property and Boiler and Machinery insurance covering the Pavilion and contents of the Pavilion against all risks of loss or damage, subject to standard insurance wordings. These costs once known shall be invoiced back to the Friends/ACO. (b) The Friends/ACO shall pay the cost of providing a liability policy in the amount of at least $ 2,000,000.00, naming the Municipality as an Additionalfusured and providing Cross Liability and at least 30 days Notice of Cancellation or Material Change. Proof of this coverage in the form of a certiÏ1cate of insurance is required prior to the contract being executed. (c) Once the Friends/ACO has raised the funds required to renovate the Pavilion to pass Ïmal inspection, a new long term agreement (phase 3) to operate the Pavilion with a possible third party will be discussed. 7. SERVICES (a) The Friends/ACO shall provide at its cost all other services required to renovate the centre including but not limited to electricity, Voice. Data and/or Video telecommunications, heat and regular garbage removal. 8. RENOVATION COSTS (a) The costs of renovating the Pavilion including regular maintenance of the facility shall be administered by the Friends/ACO. Estimated revenues and costs are attached as Schedule "B" to this Agreement, which shall be entitled "Pavilion Renovation Budget and Business Plan." (b) Schedule B shall include in its budget the repayment plan for any outstanding municipalloan(s) by the Friends/ACO. Please note, the Friends/ACO did borrow $10,000 from the phase one agreement and may still draw on the - 3- ~ . remnining $15,000 loan as per the original terms set out in the phase one agreement. 9. FINANCIAL REPORTING (a) It is agreed that the Ïmancial year end of the PavilionlACO shall be December 31st in each year throughout the term of this agreement. (b) The Friends/ACO shall cause annual Ïmancial statements to be prepared which accurately reflect the Ïmancial state of affairs of the renovation of the Pavilion and shall deliver such statements to the Municipal Treasurer prior to the end of February following each year end throughout the term of this agreement. (c) The Friends/ACO shall prepare a proposed budget for completion of renovations by the end of January in any year that the renovations are ongoing. 10. GENERAL (a) The Municipality shall have the right to retain a key to the Pavilion and the right to enter the premises upon reasonable notice to the Friends for the purpose of conducting inspections of the condition and state of repair of the Pavilion. (b) The Friends/ACO agrees that upon termination of this agreement they will surrender the possession of the Pavilion to the Municipality and shall leave it in good condition. Prior to such termination, there shall be a complete inspection of the premises and inventory taken of all contents which are the property of the Municipality. (c) This agreement shall be binding on the Municipality of Kincardine and any successor municipal corporation which may succeed or replace the Municipality. (d) This agreement shall not be assigned or transferred by the Friends/ACO without the expressed written consent of the Municipality having been fIrst obtained. (e) This agreement shall become in force and effect only upon its authorization by a by-law of the council of the Municipality of Kincardine and submission of proof of liability insurance. (f) 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. (g) The Friends shall indemnify and save harmless the Municipality from all claims, demands and other damages whatsoever arising from the renovation of the Pavilion by the Friends/ ACO as a result of this agreement. -4- ·c ,.- FRIENDS OF THE PAVILION ~~~- PRESIDENT c.....~c-, r p> f!' r.s. <:>...., ARcmTECTURAL CONSERVANCY OF ONTARIO L1___4 --- - PRESIDE~ Co> .... I- '-... ~... ..... c ~ G ("~7 ß r ,,--^^C- l-. . THE CORPORATION OF THE MUNICPALITY OF KINCARDINE ___~.1f~_______ MAYOR _ \", ~_à..-<-:2 'r' ~ ~~ CAO -5 -