Loading...
HomeMy WebLinkAbout02 007 tiverton agricul society e e e e THE CORPORATION OF THE MUNICIPALITY OF KINCAfDINE BY-LAW i A BY·LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH THE TIVERTON AGRICULTURAL SOCIETY NO. 2002 - 07 I ! I WHEREAS the Council for The Municipality of Kincardine deem it advisable to enter into an Agreement with the Tiverton Agricultural Society to se the Tiverton Sports Centre and grounds as described as Lots 67 and 68, Pia M50 and Blk E Plan M50, (former Village of Tiverton, Township of Bruce) Munic pality of Kincardine. AND WHEREAS this Agreement provides for the Tiverton Agric Itural Society to use premises for the use of the Saddle Horse and 4-H Horse S ow or its descendants at the Tiverton Fall Fair, as well as for use by the 4 H Horse Club or its descendants to raise money for its upkeep and equipment; , NOW THEREFORE the Council for The Corporation of th j Municipality of Kincardine ENACTS as follows: i i I 1. That the Corporation of the Municipality of Kincardine enter i~to an agreement with the Tiverton Agricultural Society. ' 2. That the Mayor and CAD be authorized to sign, on behalf 0 The Corporation of the Municipality of Kincardine, the Agreement with the Ti erton Agricultural Society attached to this by-law and to affix the corporate s al as and when required. 3. This By-law shall come into full force and effect upon its fin11 passage. 4. This By-law may be cited as the 'Tiverton Agricultural SOciet Agreement, By- law". I READ a FIRST, SECOND and THIRD TIME and passed this 2~rd day of January 2002. I ! ! i , ---~~ < . I . . '! ~ , TIVERTON AGRICULTURAL SOCIETY AGREEMENT This AGREEMENT made this dJ/A day of J"''''VoAry ,200d-. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE \ "-# hereinafter called t~"Municipality" of the First Part, . -and- TIVERTON AGRICULTURAL SOCIETY Hereinafter called the "Society" Of the Second Part. WHEREAS the Municipality is the owner of lands described as Lots 67 and 68, Plan M50 and Blk E Plan M50, former Village of Tiverton, Township of Bruce, now Municipality of Kincardine, in the County of Bruce, in the Province of Ontario; /' AND WHEREAS the Municipal Act, R.S.O. 1990, c.M.45, Section 191 (6) authorizes the council of every municipality to pass by-laws providing for the use by the public of the lands of which the corporation is the owner and for the regulation of such lands and the protection of such lands; AND WHEREAS it has been deemed desirous by the Council of the Municipality of Kincardine to allow the Society to operate and manage the SaC:!c;lIß-'::to~e_ Ring f()r the ¡--tienefif ofthe publiè; NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the premises and mutual promises and covenants hereinafter contained, the parties hereby agree as follows: 1. EXCLUSIVE USE OF PREMISES a) The Municipality hereby grants and sets over to the Society that portion of land known legally as Lots 67 and 68 Plan M50 and Blk E Plan M50, former Village of Tiverton, Township of Bruce, now Municipality of Kincardine, for the use of the Saddle Horse and 4-H Horse Show or its descendants at the Tiverton Fall Fair, as well as for use by the 4-H Horse Club or its descendants to raise money for its upkeep and equipment. b) The Society agrees that the area may also be used by other groups subject to the Society's approval. c) The Society may use the Sports Centre and grounds during the Tiverton Fall Fair. The Society may also use the Sports Centre and grounds for one summer event at a rate as set out in the Municipality of Kincardine consolidated fee by-law. d) The parking area on the north and north west of the arena is to be allotted for parking on the day of Saddle Horse Ring events. 2. TERM a) This agreement shall commence on the :/,3'" day of .Jt£.......rr- . 2002 and shall continue until terminated as agreed herein. < . , - --.~ . . " 3. 2 b) The terms of this agreement shall be reviewed by the parties at least once every five years. TERMINATION a) This agreement may be terminated by either party giving one years written notice of termination 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 Agricultural Society ceasing to exist. 4. FINANCIAL TERMS 6. The parties agree that the cost of operating the property shall be based on the following terms and conditions: Insurance a) The Society shall pay the cost of providing comprehensive liability insurance coverage for the use of the property, in an amount of at least $1,000,000.00 b) The Municipality shall be named as an additional insured on this policy and a copy of the initial policy and proof of every renewal shall be provided to the Municipality. c) The Society shall insure the building and its contents for loss by tire and other specified perils. 5. OPERATING COSTS The costs of operating the show ring and the building including the regular maintenance of the building and grounds shall be administered by the Society. REPAIRS AND IMPROVEMENTS a) It is acknowledged by the Society that the show ring will be used by the public and must be maintained at all times in a safe condition for those using it. b) Plans for all capital improvements and proposed major repairs shall be submitted for approval to the Municipality by the Society together with estimates of the cost of such work and no such work shall be authorized until the approval of the Municipality has been given. c) All capital improvements to the show ring and building shall accrue to the benefit of the Municipality and shall remain with the Municipality upon the termination of this agreement. 7. GENERAL a) The Society shall indemnify and save harmless the Municipality from all claims, demands and other damages whatsoever arising from the operation of the show ring and building by the Society as a result of this agreement. b) This agreement shall be binding on the Municipality of Kincardine and any successor municipal corporation which may succeed or replace the Municipality. , · · j '-'-r- · . ! 3 c) This agreement shall not be assigned or transferred by the Society , without the expressed written consent of the Municipality having been first obtained. d) This agreement shall become in force and effect only upon its authorization by a by-law by the Council of the Municipality of Kincardine. e) 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. IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal attested by the hands of its Mayor and Clerk thiSfi'" day of~.".,,/ . 20~The Society has hereunto set her hand this J3rL/day 0 200~~ ' qv SIGNED, SEALED AND DELIVERED THE Co'~ORATION OF THE in the presence of ) MUNICIPALI F CARDI~S » /' . ' ~~~- ,~,' ~-<-: .-' - ) ~~. ) ) ) ) ) ) ) ) ) Witness Witness !~ ~ ~Witness . - :;;.- .- '-- " " , " . ~ ::; " ,\ Ma or è;':-' . r'""' ~~~.".'- /"¿¿:/-'~'-~~~~'.' TIVI;RTÖ'fi AGRICULTURAL SOCIETY Y'· :- - , -t.iIiiIIi. -~~~ ---'