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HomeMy WebLinkAbout06 006 Agree AMEC NNC School e e e e THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2006 - 006 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT TO GRANT AN EXCLUSIVE LICENSE FOR THE USE OF 705 PRINCES STREET, MUNICIPALITY OF KINCARDINE (FORMER W.E. THOMPSON PUBLIC SCHOOL) TO AMEC NNC CANADA LIMITED WHEREAS Section 110 of the Municipal Act, 2001, S.D. 2001, c. 25 authorizes that municipalities may enter into agreements for the provision of municipal capital facilities and that those agreements may allow for the operation or maintenance of the facilities; 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 govern their affairs as they consider appropriate under this or any other Act; AND WHEREAS the Council for the Municipality of Kincardine deems it advisable to enter into an agreement with AMEC NNC Canada Limited to grant an exclusive license to use the site of the former W.E. Thompson Public School, located at 705 Princes Street, Municipality of Kincardine, for a four year period to conduct off-site training sessions for employees involved with the Bruce Nuclear Power Generating Stations, subject to the consideration and conditions contained in the agreement attached to this By-law as Schedule "Au; NOW THEREFORE the Council for the Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the Municipality of Kincardine enter into an agreement with AMEC NCL Canada Limited, to grant an exclusive license for the use of the former W.E. Thompson Public School, located at 705 Princes Street, Municipality of Kincardine, for a four year period for considerations, covenants and obligations as determined by the License Agreement which is attached to this by-law as Schedule "Au. 2. That the Mayor and CAD be authorized to sign, on behalf of the Municipality of Kincardine, the said Agreement with AMEC NNC Canada Limited. 3. That this By-law shall come into full force and effect upon its final passage. . . ./2 e e e e Page 2 W.E. Thompson Public School (AMEC NNC) License Agreement By-law No. 2006 - 006 4. That this By-law may be cited as the "W.E. Thompson Public School (AMEC NNC) License Agreement By-law". READ a FIRST, SECOND, and THIRD time and FINALLY PASSED this 11th day of January, 2006. ~~._¡ Mayor . ' ~ lerk -1_' This is Schedule" 1L " to ~-Law N~" -DO¥ passed the.1!..- day .( . . of .J¡¡rI/.(lI~i 2()Ol,· TIDS LICENsE AGREEMENT made this /1 day of JàI1uary, 2~, ¡f. ~ .~~ Mayor Clerk BETWEEN: · THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE (hereinafter referred to as the "Municipality") - and - AMEC NNC CANADA LIMITED (hereinafter referred to as the "AMEC") WHEREAS the Municipality is the owner of the site of the former W. E. Thompson Public School (the "Building"), which is municipally known as 705 Princess Street, Kincardine, Ontario (the "Property"); AND WHEREAS AMEC wishes to use a portion of the Building to conduct off-site training sessions for employees who will be involved with the Bruce Nuclear Power Generating Stations; · NOW THEREFORE for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree and covenant as follows: I. The Municipality agrees to and does hereby grant an exclusive license to use the Property to AMEC for a four (4) year term, commencing as of the date of this agreement, in accordance with the following terms and conditions: (a) the Property and the Building are provided to AMEC on an "as is" basis and AMEC shall be responsible for any required grading, changes or renovations; (b) there shall be no lease, rental or occupancy fees, but AMEC shall be responsible for any municipal taxes which may be assessed, if any, as a result of its use and occupancy of the Property; and the Municipality shall continue to provide garbage and recycling service to the Property in a manner similar to that current! y in existence. (c) 2. (a) . (b) (c) (d) (e) (f) (g) · ~ AMEC shall, at its sole cost and expense: use that portion of the Building shown with cross-hatching on Schedule "A" to this agreement for off-site training purposes and related uses permitted by the applicable zoning by-law; maintain the Building and the Property in a condition that is satisfactory to the Municipality; pay for all utilities and services supplied to the Property, including heat, electricity and water; . pay any municipal taxes which may be assessed, if any, as a result of its use and occupancy of the Property during the term of this license agreement; prior to commencement of its training use, demolish that portion of the Building that is not cross-hatched in Schedule "A" to this agreement, remove all of the asbestos from the remaining portion of the Building, and dispose of all unneeded demolished and removed materials in accordance with applicable laws; retain the landscaped portion of the Property along Russell Street in order to permit it to be used as an extension of Victoria Park; remove the oil took from the Property and grade and landscape the adjacent area, provided that any pre-existing hazardous, toxic or other environmental matters or issues relating to such oil took, or other aspects of the Property (except the asbestos which AMEC agrees to remove), shall be the responsibility of the Municipality and the Municipality hereby agrees to release, indemnify and hold AMEC and it affiliates and subsidiaries harmless from and against any demands, claims, costs, expenses, losses and other liabilities that may in any way arise from any such hazardous, toxic or other environmental matters or issues other than those specifically contemplated to be borne by AMEC under this Agreement; · · · 6. . -2- (h) grade the existing soccer field on the Property to accommodate additional parking for the Building, such parking to be available for use by the Municipality and residents of Kincardine at times that the Building is not being used by AMEC; refurbish the Building with new tile, carpet and paint and complete plumbing and heating upgrades; and forthwith after the end of its occupancy of the Building or the term of this agreement, whichever is earliest, demolish the remainder of the Building or, in the sole discretion of the Municipality, vacate the Building at that time so that it may be used by the Municipality. The obligations set out in this paragraph shall survive the term of this agreement. (i) G) 3. AMEC shall exercise full care and control over the Property and the Building during the entire period of its occupancy and renovation thereof and shall assume the role of constructor as defined in the Occupational Health and Safèty Act. AMEC shall carry out the renovation and demolition in accordance with all applicable laws, regulations and municipal by-laws including, without limitation, the Occupational Health and Safety Act, the Building Code Act, the Construction Lien Act and the Workplace Safety and Insurance Act, and shall indemnify and hold harmless the Municipality from all damages, costs and expenses arising from claims or demands of any kind made by third parties in connection with the renovation and demolition of the Building. 4. AMEC agrees to indemnify and save the Municipality harmless from and against all losses, claims, suits, actions, demands, damages, liabilities, judgments or costs which may in any way be sustained by or made against the Municipality as a result of any negligent act, deed, or omission by AMEC, its officers, directors, employees, agents and invitees during the term of this license. Any chattels or other personal property which AMEC, its officers, directors, employees, agents and invitees may bring to or store at or permit to be brought to or stored at the Property shall be at the sole risk and responsibility of AMEC, and AMEC agrees to indemnify and hold harmless the Municipality from any claim for loss, theft or damage to or of any such chattels or personal property. AMEC agrees to maintain in full force and effect all risk insurance upon its furniture, equipment, fixtures and improvements to the full replacement value thereof. 5. Prior to the commencement of renovation and demolition or its occupancy of the Property, AMEC shall maintain comprehensive general liability insurance against claims, legal liability, personal injury, death or property damage or loss arising out of all operations of AMEC and other persons conducting business on or from the Property, naming the Municipality as an additional insured and indemnifying and protecting the Municipality to a limit of at least $5,000,000.00 inclusive, and to deliver to the Municipality satisfactory evidence of such insurance. The Municipality shall maintain property insurance covering: (I) any risks of physical loss or damage to all Property owned by the Municipality or for which the Municipality is legally liable relating to the lands and Building, (2) loss of insurable gross profits attributable to all perils insured against by the Municipality or commonly insured against by prudent landlords, including loss of all rent receivable from tenants in the Building, (3) third party liability coverage including the exposure of personal injury, bodily injury, property damage occurrence, including all contractual obligations coverage and including actions of all authorized employees, contractors, sub-contractors and agents while working on behalf of the Municipality, and (4) any other form of insurance which the Municipality reasonably requires from time to time for insurable risks and in amounts against which a prudent landlord would insure and shall name AMEC as an additional insured on such policy. In the event the Municipality self-insures the risks set out to be insured in this paragraph, then the parties agree that such risks shall be borne by the Municipality. · · · . - 3- 7. This agreement shall bind the parties hereto, their successors and permitted assigns, and may not be assigned by either party without the written consent of the other party. IN WITNESS WHEREOF the parties have executed this agreement. THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE ~._¡ ~ Glenn Sutton, Mayor \,..,. John deRosenroll, CAO We have authority to bind the Municipality. AMEC NNC CANADA LIMITED Per: ¿ Kevin.Kout!edge, President I have authority to bind the Corporation.