HomeMy WebLinkAbout07 100 Tiverton Agricultural Society Agreement (2007)
I
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
.
II
s.
BY-LAW
NO. 2007 -100
BEING A BY-LAW TO ENTER INTO AN AGREEMENT WITH THE TIVERTON
AGRICULTURAL SOCIETY FOR THE OPERATION AND MANAGEMENT OF
THE SADDLE HORSE RING AT THE TIVERTON SPORTS CENTRE
.
WHEREAS Section 11 (3) of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that a lower tier municipality may pass by-laws respecting
matters within the sphere of jurisdiction of culture, parks, recreation and heritage;
AND WHEREAS pursuant to the said Municipal Act, Section 8 (1) and 9 provide
that the powers of a municipality under this or any other Act shall be interpreted
broadly so as to confer broad authority on the municipality to enable the
municipality to govern its affairs as it considers appropriate and to enhance the
municipality's ability to respond to municipal issues and has the capacity, rights,
powers and privileges of a natural person for the purpose of exercising its
authority under this or any other Act;
AND WHEREAS the Council for The Corporation of the Municipality of
Kincardine deems it advisable to enter into an agreement with the Tiverton
Agricultural Society to use the Tiverton Sports Centre and grounds described as
Lots 67 and 68, Plan M50 and Blk E Plan M50 in the geographic Village of
Tiverton to allow the Society to operate and manage the Saddle Horse Ring for
the benefit of the public;
.
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 Tiverton Agricultural Society for the exclusive use of
Lots 67 and 68 Plan M50 and Blk E Plan M50, geographic Village of
Tiverton, now municipality of Kincardine.
2. That the Mayor and CAO be authorized to sign, on behalf of the
Corporation of the Municipality of Kincardine, the agreement with the
Tiverton Agricultural Society which is attached hereto as Schedule "A".
3. This by-law shall come into full force and effect upon its final passage.
. . . /2
.
.
.
.
.
Page 2
Tiverton Agricultural Society Agreement (2007) By-law
By-law No. 2007 - 100
4. This by-law may be cited as the "Tiverton Agricultural Society Agreement
(2007) By-law".
READ a FIRST and SECOND TIME this 4th day of July, 2007.
o/~
IRD TIME and FINALLY PASSED this 4th day of
;,>,
This is Schedule n.fL " to ~Law
NO.dOD7-1oD passed the ~ day
of J;; LV {(200.7
c:3"'/
TIVERTON AGRICULTURAL SOCIE
This AGREEMENT made this
~ ~
1/ dayof ~ (At... Y
,2007.
BETWEEN;
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
hereinafter cal/ed the "Municipality"
of the First Part,
-and-
TIVERTON AGRICULTURAL SOCIETY
Hereinafter called the "Society"
Of the Second Part.
WHEREAS the Municipality is the o\Nn~r of lands described as Lots 67 and 68,
Plan M50 and Blk E Plan M50, former ViII~ge of Tiverton, Township of Bruce, now
Municipality of Kincardine, in the County of l3ruce, in the Province of Ontario;
AND WHEREAS it has been deemed desirous by the Council of the Municipality of
Kincardine to allow the Society to operate amd manage the Saddle Horse Ring for the
benefit of the public;
NOW THEREFORE THIS AGREEMENT WI1TNESSETH 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 find 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 Fal~ Fair, as wel/ 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 pentre and grounds during the Tiverton
Fall Fair at no charge. The Society may also use the Sports Centre and
grounds for one summer event a~ a reduced rate as set out in the
Municipality of Kincardine consolidated fee by-law.
. . I
d) The parking area on the north and north west of the arena is to be allotted
for parking on the day of Saddle f-rforse Ring events.
I
I
. '
Page 2
Tiverton Agricultural Society Agreement
2.
TERM
a) , This agreement shall be for a five year term and shalf commence on the
1st day of June, 2007 and shall continue until May 31,2012.
b) The terms of this ,agreement shall be reviewed by the parties at least once
during the agreement.
3.
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
The costs of operating the show ring and the bUilding inClUding the regular
maintenance of the bUilding and grounds shall be funded by the Society.
The costs of capital improvements are the responsibility of the Society after
receiving written approval from the Municipality of Kincardine.
5. INSURANCE
Indemnity
The Society agrees to indemnify and hold harmless the Municipality from and
against all suits, judgments, claims" demands, expenses actions, causes of
action and losses and for any and aU liability for damages to property and injury
to persons (including death) which the Municipality may incur, otherwise than by
reason of their own negligence orw.illful misconduct, as a result of or arising out
of or in relation to any breach ofthe terms of this Agreement, or the
Municipality's own negligence or, willful misconduct.
Insurance
The Society shalf put in effect and maintain in its name, at its expense, all the
necessary insurance. that would be considered appropriate for a prudent tenant
undertaking this type of operation for the period during which the Agreement is in
effect with insurers acceptable to the Municipality, inClUding:
1. Commercial General Liability Insurance, for third party bodily injury,
personal injury and property damage to an inclusive limit of not less than
Two Million Dollars ($2,000,000.00) per occurrence. Th~ policy shall
include: '
a) The Corporation of the Municipality of Kincardine as an additional
insured;
b) Cross liability
c) Contractual liability;
d) Tenant's Legal Liability
e) Contents coverage on a replacement cost basis for all property
owned by the Society and stored in any municipal building; and
f) A thirty (30) day written notice of cancellation
2. The Society shalf provide the Municipality with a valid Certificate of
Insurance as evidence ofthe above coverages upon signing the
agreement. The Society shall provide the Municipality with any renewal
, replacement certificates as may be necessary'during the term of the
Agreement.
Page 3
Tiverton Agricultural Society Agreement
The Municipality shall put in effect and maintain in its name, at its expense, all
the necessary insurance that would be considered appropriate for a prudent
owner undertaking this type of operation for the period during which the
Agreement is in effect including:
1. Commercial General Liability Insurance, for third party bOdily injury,
personal injury and property damage to an inclusive limit of not less than
Two Million Dollars ($2,000,000.00) per Occurrence. The policy shall
include:
a) Cross liability;
b) Contractual liability; and
c) Property coverage on a replacement cost basis for all property on
lots 67 & 68 owned by the municipality
6. 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) The Municipality shall inspectthe grounds at least once yearly and then
provide a written report to the ,Society based on the results of its
inspection, outlining any maintenance deficiencies to be'remedied by the
Society together with a time line for their completion.
c) Plans for all capital improvements and proposed major repairs shall be
submitted for approval to the Recreation Director 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.
d) All capital improvements to the show ring shall accrue to the
benefit of the Municipality and shall remain with the Municipality upon the
termination of this agreement.
7. GENERAL
a) This agreement shall be binding on the Municipality of Kincardine and any
. successor municipal corporation which may succeed or replace the
Municipality.
b) This agreement shall not be assigned or transferred by the Society
without the expressed written consent of the Municipality having been first
obtained.
c) This agreement shall be in force and effect only upon its
authorization by a bY-law by the Council of the Municipality of Kincardine.
d) 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.
e) The Corporation of the Municipality of Kincardine acknowledges that the
bUilding located on Lots 67 and 68 and Slk E, Plan M50, is owned by the
Tiverton Agricultural Society and shall remain the property of the Tiverton
Agricultural Society should the agreement be terminated.
Page 4
Tiverton Agricultural Society Agreement
IN WITNESS WHEREOF the Municipality has. hereto affixed its corporate seal attested
by the hands of its Mayor and C.A.O. the LfHr day of ~ "- <l ,2007. The
Society has hereunto set her hand this _i.-.fI--A day of -..::!Zt;:...';. ,2007.
SIGNED, SEALED AND DELIVERED )
in the presence of )
)
)
)
)
)
)
)
')
)
)
L/ ~u-: )
~ ~tnes )
THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
cfd~~~
ayor
~ - ).-~z~-d/
C.A.O.
TIVERTON AGRICULTURAL SOCIETY
~ 1::~~
Karen cMann - President