HomeMy WebLinkAbout02 156 agree lease race track
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THE CORPORATION OF THE MUNICIPALITY OF KJNCARDINE
II.
BY-LAW
NO. 2002 - 156
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A LEASE
AGREEMENT WITH MacGREGOR ENTERPRISES LIMITED
(Conn aught Park Racing TrackNiewing Stands)
WHEREAS the Council for The Municipality of Kincardine deems it advisable to
enter into a Lease Agreement with MacGregor Enterprises Limited to lease the
racing track and viewing stands located immediately in the area known as
"Connaught Park" and being more particularly described as Lots 1 and 2, north
side of Broadway, Plan 4, former Town of Kincardine, now Municipality of
Kincardine, County of Bruce;
AND WHEREAS the Municipality will lease exclusively to MacGregor Enterprises
Limited the racetrack and viewing stands in Connaught Park for a five-year term,
ending on the 31st day of October, 2007;
NOW THEREFORE 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 MacGregor Enterprises Limited to lease those premises
commonly known as the racing track and viewing stand in Connaught
Park.
2.
That the Mayor and CAO be authorized to sign, on behalf of The
Corporation of the Municipality of Kincardine, the agreement with
MacGregor Enterprises Limited which is attached to this by-law and to
affix the Municipality's corporate seal as and when required.
3. This by-law shall come into full force and effect upon its final passing.
4. This by-law may be cited as the 'Connaught Park Racing TrackNiewing
Stands Agreement By-Law",
READ a FIRST, SECOND, and THIRD time and DEEMED TO BE PASSED
this 6th day of November, 2002.
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Clerk
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THIS AGREEMENT made in TRIPLICATE this (p# day of
ilo le...~,. 2002.
BET WEE N:
The Corporation Of The Municipality of Kincardine
(Hereinafter called "the Municipality")
of the first part;
AND
MacGregor Enterprises Limited
(Hereinafter called the "the leaseholders")
of the second part.
WHEREAS the Municipality owns the land located immediately in the area
known as 'Connaught Park" and being more particularly described as Lots 1 and
2, north side of Broadway, Plan 4, former Town of Kincardine, now Municipality
of Kincardine;
AND WHEREAS a racing track and viewing stands (hereinafter called the
"facilities"), located on this land, are owned by the Municipality;
AND WHEREAS the leaseholders are proposing to lease the use of the existing
facilities for use in the horse business;
NOW THEREFORE in consideration of the mutual covenants and conditions
herein contained, the parties hereto covenant and agree with one another as
follows:
1. The Municipality will lease exclusively to the leaseholders the use of the
facilities, located on the lands of Connaught Park for the period of time
running from November 1, 2002 to October 31st, 2007. The lease fee will be a
5% gross fee for all events held during the lease.
2, The leaseholders shall pay on a quarterly basis.
3. The Municipality agrees to remain solely responsible for the facilities and
surrounding area, Such responsibilities include, but are not limited to, the
provision of maintenance services to the facilities and surrounding areas and
liability insurance.
4, In the event that the leaseholders intend to use the facilities at any time
during the term of this agreement, then on thirty (30) days written notice to the
Municipality by the leaseholders of their intent:
a) The leaseholders agree to maintain the cleanliness of the stands and
surrounding area to the satisfaction of the Director of Parks and
Recreation or any other regulatory body having jurisdiction over livestock
handling.
b) The leaseholders agree not to store animal waste within the perimeter of
the facility for any extended period and that waste will be removed from
the site on a daily basis.
c) The leaseholders agree that the use of the facilities will be done with due
consideration for the Public, the existing horse training facility and to the
needs of the Agricultural Society,
d) The leaseholders agree to obtain 14 days prior to the use of the facilities
by the leaseholders a minimum of $2,000,000 liability insurance while in
occupation of the viewing stand and racing track and to provide a copy of
the policy to the Municipality,
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Racing Track & Viewing Stands Lease
e) The leaseholders agree that the Municipality will not, in any way
whatsoever, be liable or responsible for any personal injuries either
personally or to any other person who may be upon the premises, or for
any loss or damage whatsoever.
f) The leaseholders agree that no alterations shall be made to the facility
prior to approval by the Municipality of Kincardine.
g) The leaseholders agree to abide by all local, provincial and federal
regulations and to obtain any permits, which may be required,
h) The leaseholders agree to maintain the racing track and viewing stands in
a safe condition, applicable to all federal, provincial and municipal
standards,
5. It is the Municipality's intention that both recreational activities and the
Kincardine Fall Fair will continue to be held in Connaught Park. The
Recreation Director shall communicate these dates to MacGregor Enterprises
Limited at the start ofthe Spring season each year.
6. The leaseholders note that the Municipality reserves the right to use the
existing track and barn for training purposes. Any other use of the facilities
for horse-related activities by the Municipality through the term of this
agreement shall require the mutual written consent of both parties, such
consent not to be unreasonably withheld.
7, Both parties agree that any employee or contractor retained by the
leaseholders shall be the exclusive responsibility of the leaseholders and
shall be paid by the leaseholders.
8. This agreement is assignable only with the mutual written consent of both
parties to this agreement, such consent not to be unreasonably withheld,
9. Either party upon 365 days written notice may terminate this agreement.
10. The Municipality's Chief Administrative Officer shall be the Municipal liaison
and shall be responsible for all contractual matters.
11.ln this agreement, words importing the singular shall include the plural and
vice-versa, and words importing the masculine gender shall include the
feminine gender, and words importing persons shall include firms and
corporations, and vice versa.
IN WITNESS WHEREOF the parties hereto have executed these presents.
SIGNED, SEALED AND DELIVED
in the presence of
THE CORPORATION OF THE
MUNICI LiTY OF KIN RDINE
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Chief Administrativè.. Icer
John deRosenrÓl(;' .
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.J. MacGregor
I have authority to bind the Corporetion,