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HomeMy WebLinkAboutKIN 96 034 CANWARN-Airport Use e e e e THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW BY-LAW NO. 1996-34 A BY-LAW TO AUTHORIZE THE SIGNING OF A USE OF PREMISES AGREEMENT WITH CANWARN. WHEREAS the Council for The Corporation of the Town of Kincardine deems it advisable to enter into an agreement with CANWARN for the use of part of the Kincardine Town & Township Airport. NOW THEREFORE the Council for The Corporation of the Town of Kincardine ENACTS as follows: 1. That The Corporation of the Town of Kincardine enter into an agreement with CANWARN for the use of part of the Kincardine Town and Township Airport premises. 2. That the mayor and clerk be authorized to sign, on behalf of The Corporation of the Town of Kincardine, the agreement with CANWARN which is attached to this by-law and to affix the Town's Corporate seal as and when required. 3. This by-law shall come into full force and effect upon approval of the Council for The Corporation of the Township of Kincardine. 4. This by-law may be cited as the "CANWARN Airport Use Agreement By-law". READ a FIRST and SECOND time this 25th day of April, 1996. READ a THIRD time and FINALLY PASSED this 30th day of April, 1996. ~~ Mayor ~ Clerk ----- . . . . This AGREEMENT made this 18th day of April, 1996. BETWEEN : THE CORPORATION OF THE TOWN OF KINCARDINE hereinafter called the "Town" of the First Part, -and- THE CORPORATION OF THE TOWNSHIP OF KINCARDINE hereinafter called the "Township" of the Second Part -and- CANNARN herinafter called "CANWARN of the Third Part. WHEREAS CANWARN is a branch of Environment Canada, Weather Services Division, and is a program which utilizes the talents and expertise of amateur radio operators in spotting and reporting elements of severe weather; AND WHEREAS CANWARN desires the use of the Kincardine Town and Township Airport facilities from which to operate the program; NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in considera- tion of the premises and mutual promises and covenants hereinafter contained, the parties hereby agree as follows: 1. Definitions In this Agreement: (a) Administration of Environment of the Canada, "CANWARN" refers to the CANWARN Program, a branch Weather Services Division; (b) "the department" refers to Environment Canada; (c) "the committee" refers to the Kincardine Town & Township Airport Committee; (d) "the municipalities" refers Town of Kincardine and Township of Kincardine. to the Corporation of the The Corporation of the 2. CANWARN'S Res'Donsibilities CANWARN agrees to: access and utilize the CANWARN purposes of actual severe weather for the purposes of practice; (b) assume responsibility for all CANWARN equipment within the CANWARN room; (a) facility for the related events or (c) assume all financial responsibility for installation and maintenance of all telephone for the purpose of CANWARN; the lines (d) install and adequately maintain antennas and cabling from the roof to the CANWARN room; .. ./2 . . . . -2- (e) properly install all antennas and cables to the standards set by the committee; (f) expect CANWARN staff personnel to act in a courteous, responsible and professional manner. Personnel are expected to maintain specified noise limits; (g) assume all responsibility for loss or damage to Enviroment Canada property; (h) expect CANWARN staff personnel to respect the safety of key/codes for entry to the building; (i) assume responsibility for damage to Airport Committee property which is a direct result of negligence or carelessness on the part of CANWARN staff/personnel; (j) vacate the building within thirty days' written notice from the municipalities to CANWARN. 3. AND/OR MtJNICIPALITIES' AIRPORT COMMITTEE RESPONSIBILITIES: The Airport Committee and/or the municipalities agree to the following: (a) provide, at no cost, . a room to adequately serve the needs of Environment Canada at the Airport; (b) provide free access to the CANWARN facility seven (7) days a week between the hours of 9:00 a.m. and 11:00 p.m. for the purposes of CANWARN related business only; (c) provide keys/codes staff/personnel for the the CANWARN facility; to specific CANWARN express purpose of utilizing (d) provide access to the rooftop for the installation of antennas and cables; (e) provide parking for two to three vehicles; (f) allow the installation, at no cost to the committee or municipalities, of necessary phone line(s); (g) provide adequate security for the protection of Environment Canada/CANWARN within the parameters of the Airport Manager's mandate; (h) assume hydroelectric and heating costs for the CANWARN room. 4. GENERAL PROVISIONS (a) This Agreement binding on administrators, hereto. shall enure to the benefit of and be the respective heirs, executors, successors and assigns of the parties (b) This Agreement may be terminated by either party, provided thirty (30) days' written notice is provided to the other p~rty. .. ./3 -3- . IN WITNESS WHEREOF the parties hereto have hereunto set their corporate seals attested by the hands of their duly authorized officers. · SIGNED, SEALED AND DELIVERED ) in the presence of ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ~ i ) ) ) · · THE CORPORATION OF .TfI:K TOWN OF KINCARDnm. >.... ~- ...:",- - ~ - ~ -.- D~~.C·(- ~~>_.= ..-::.'5¡/ per: :~~::>." Clerk - Maureen A>eout.1fte THE CORPORATION OF THE TOWNSHIP OF KINCARDINE De~~~~~ .. . ". ;:.......;. .~~ . . : ~:~ : ::--' : :.....~;: