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Home My WebLink About06 117 Kin Klassics Agreement . · · · THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2006 -117 BEING A BY-LAW TO ENTER INTO AN AGREEMENT WITH THE KINCARDINE KLASSICS GYMNASTICS CLUB AND THE KINCARDINE AGRICULTURAL SOCIETY WHEREAS the Municipal Act, 2001, S.D. 2001, c. 25 Section 11 (2) provides that lower-tier municipalities may pass by-laws within the sphere of jurisdiction of culture, parks, recreation and heritage; 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 to enhance their ability to respond to municipal issues; AND WHEREAS the Municipality of Kincardine owns and leases the Connaught Park Pavilion to the Kincardine Agricultural Society; AND WHEREAS the Kincardine Klassics Gymanstics Club uses the Connaught Park Pavilion for its gymnastics program; AND WHEREAS the Council for The Corporation of the Municipality of Kincardine deems it advisable to enter into an agreement with the Kincardine Agricultural Society and the Kincardine Klassics Gymnastics Club to determine how the pavilion shall be operated and to define the responsibilities of each party; 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 Kincardine Agricultural Society and the Kincardine Klassics Gymnastics Club for the use of the Connaught Park Pavilion. 2. That the Mayor and CAD be authorized to sign, on behalf of the Corporation of the Municipality of Kincardine the agreement with The Kincardine Klassics Gymnastics Club and the Kincardine Agricultural Society, attached hereto as Schedule "A". 3. This by-law shall come into full force and effect upon its final passage. . . ./2 . . . . Page 2 Connaught Park Pavilion (Klassics, Agricultural Society) Agreement By-law By-law No. 2006 - 117 4. This by-law may be cited as the "Connaught Park Pavilion (Klassics, Agricultural Society) Agreement By-law". READ a FIRST, SECOND and THIRD TIME and FINALLY PASSED this 5th day of July, 2006. ~ .... ~~ '-- This AGREEMENT made this .5 \-n --- day of J U..\y , This is Schedule It JL .. to BY.-Law NO::;)o6(.-I/7 passed the ~day -- of 200{, 20 ~ '1ro~ J;J..·tt BETWEEN: TIffi CORPORATION OF TIffi MUNICIPALITY OF KINCARDINE hereinafter called the "Municipality", -and- KINCARDINE KLASSICS GYMNASTICS CLUB hereinafter called the "Club -and- THE KINCARDINE AGRICULTURAL SOCIETY hereinafter called the "Society" WHEREAS the Municipality owns the building known as the Connaught Park Pavilion; AND WHEREAS the Society leases the Co~ugbt Park Pavilion from and manages the Pavilion for the Municipality;' , AND WHEREAS the Club uses the Pavilion for its gymnastics program; ". I . AND WHEREAS it is in the best interest of all parties to reach an agreement pn how the facility shall bè 'operated and to define the responsibilitiçs of each party; . , , J ~ ' , . NOW TIlEREFORE THIS AGREEMENT WITNESSETH TJIAT the parties hereto covenant, promise and agree with each other as follows: . .. 1. All expenses incurred by the gymnastics emPloyees shall be paid directly by the club. 2. The club maintains membership with Gymnastics Ontario, and will run the gymnastics program in accordance with Gymnastics Ontario standards and employee qualification requirements. GO membership provides Sport A~ident and Sport Liability Insurance Coverage. A copy of this insurance shall be provi~ to the municipality. 3. The Club shall have the use of the pavilion located at Conn9ngJ1t Park, for the gymnastics program, beginnine each year from the period starting the first Friday following Labour Day, and ending the Thursday before the first weekend in June. 4. The Club recognizes the lease and managerial agreement that the municipality has entered into with the Kincardine Agricultural Society and respects that the Kincardine Agricultural Society has use of the Pavilion starting the Friday of the first weekend in June and ending the first Thursday following Labour Day. Tripartite Agreement Page 1 8 May 2006 s. In consideration of the Club not having to vacate the Conn$lugbt Park Pavillion for the Society to hold their annual4H Banquet, the Club agrees to reimburse the Society for the cost of renting an alternate venue up to a maximwn of$100.00 per year. 6. Furthermore, the parties to this agreement will meet and discuss matters of mutual concern regarding the Pavillion, and where building improvements or renovations are agreed upon, each party will contribute a share of these costs on a case-by-case basis. 7. The Club shall pay all costs for Pavilion heat, light and water during the me they have use of the facility. 8. There will be no rental fee payable by the Club for the use of the Pavillion. 9. During the me the Club is using the pavilion, the Club agrees to be responsible for general cleaning of the Pavilion on a regular basis. 10. The Municipality will maintain a "Pavilion Building Reserve" for improvements, maintenance and repairs of the pavilion. 11. The Municipality is responsible for capital repairs and maintenance of the pavilion. 12. The Municipality will provide a snow removal service to the Connaught park pavilion parking lot, north sidewalk and emergency exit doorways. 13. The Municipality shall provide office support services, specifically photocopying, and publicity (rec flyer and newspaper), to help the club operate and promote the gymnastics programs. 14. The gymnastics equipment, with the exception of the equipment purchased without the fmancial assistance of the Municipality, is the sole property of the Municipality. Gymnastics equipment purchased by the club without the assistance of the Municipality shall be the property of the Club. Proof of purchase shall be provided by the Club to support their claim to any gymnastics equipment. 15. The Club affirms that it is a non-profit corporation and all revenues and profit it realizes shall be used for the benefit of the gymnastics program. 16. The Club shall be solely responsible for any current or future debts incwred by the Club as a result of their operation of the gymnastics program. 17. This agreement is to be in effect for a five-year period, after which it may be renegotiated at the request of anyone of the three parties. 18. This agreement may not be amended or modified except in writing signed by all three of the parties. 19. Unless otherwise specified in this Agreement, any notices required under the provisions of this Agreement shall be given by prepaid registered mail or by personal delivery to the following persons at the following addresses: To the Municipality: Clerk Municipality of Kincardine 1475 Concession 5, RR #5 KINCARDINE, Ont N2Z 2X6 Tripartite Agreement Page 2 8 May 2006 To the Club: President Kincardine Gymnastics Club P.O. Box 221 Kincardine, Ontario N2Z 2Y7 To the Society: President Kincardine Agricultural Society 133 Broadway Street Kincardine, Ontario N2Z lA9 Each party is responsible for supplying the other party with any changes in address. Signed: For the Kincardine KJassics Gymnastics Club: ~kVl, ~¡cIeM Or)1tMj µ;o6 c.. ~ \j \ ce ÇJJU 5' àen~ signature, title, date J a<è ~~ ~ . cultural Society: si ,. ,date !II fl'f '1 ~(, ILtvrvJ,;t signature, title, date VìCl. lref'iJe II + /VI ¡3ff¡ftc For the Municipality of Kincardine: 4f~~~ AI:mÇ +. ~ ¿c2'G.~~ß , title, date CAO Tripartite Agreement Page 3 8 May 2006