HomeMy WebLinkAboutKIN 96 034 CANWARN-Airport Use
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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.
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Mayor
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Clerk
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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;
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(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.
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IN WITNESS WHEREOF the parties hereto have hereunto set
their corporate seals attested by the hands of their duly
authorized officers.
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SIGNED, SEALED AND DELIVERED )
in the presence of )
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THE CORPORATION OF .TfI:K TOWN
OF KINCARDnm. >....
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Clerk - Maureen A>eout.1fte
THE CORPORATION OF THE
TOWNSHIP OF KINCARDINE
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