HomeMy WebLinkAboutKIN 93 033 Agri/Klassics Club
THE CORPORATION OF THE TOWN OF KINCARDINE
.
BY-LAW
BY-LAW NO. 1993-33
A BY-LAW
KINCARDINE
GYMNASTICS
TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH THE
AGRICULTURAL SOCIETY AND THE KINCARDINE KLASSICS
CLUB
WHEREAS the Council for The Corporation of the Town of
Kincardine deems it advisable to enter into an agreement with
the Kincardine Agricultural Society and the Kincardine Klassics
Gymnastics Club for the use of the Pavilion.
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 the Kincardine Agricultural Society and
the Kincardine Klassics Gymnastics Club for the use of
the pavilion located at connaught Park.
2. That the mayor and clerk be authorized to sign, on behalf
of The Corporation of the Town of Kincardine, the
agreement with Kincardine Agricultural Society and the
Kincardine Klassics Gymnastics club 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
its final passage.
4. This by-law may be cited as the "Kincardine Gymnastics
club and Agricultural Society Agreement By-Law".
READ a FIRST and SECOND time this 8th day of April, 1993.
READ a THIRD time and FINALLY PASSED this 20th day of May,
1993.
.~~
Mayor
.
.
(/7"
This ~ made this
, 1993.
day of
BETWEEN:
THE CORPORATION OF TIlE TOWN OF KINCARDINE
hereinafter called the "Town"
of the First Part,
-and-
TIlE KINCARDIRB AGRICULTURAL SOCIETY
hereinafter called the "Society"
of the Second Part.
-and-
THE KINCARDINE GYIIRASTICS CLUB
hereinafter called the "Club"
of the/Third Part.
WBBRBAS the Town owns the building known as the the
Connaught Park Pavilion (hereinafter called the "Pavilion")
located in Connaught Park in the Town of Kincardine¡
AND WHEREAS the Club wishes to enter into a lease with 'the
Town and the Society in order to allow them to renovate 'the
Pavilion for year round use and to use the Pavilion for
gymnastics ¡
AND WHEREAS the Club is prepared to renovate the Pavilion
to year round use to a standard acceptable to the Town and
the Society in consideration of them being able to use the
Pavilion for the term of this Agreement¡
AND WBBRBAS the Town is prepared to enter into a combined
agreement which consolidates previous agreements and leases
and makes provision for the new requested arrangements¡
!lOW TBBRBFORB THIS AGRBBIŒNT WITRBSSBTB THAT in considera-
tion of the premises and mutual promises and covenants
hereinafter contained, the parties hereby agree as follows:
1.0 INTRODUCTION
1.1 The Town appoints the Society as managers of the
Pavilion for the duration of this Agreement.
1.2 The Club shall have use of the Pavilion in accord~nce
with the provisions of this Agreement for the purpose
of providing an area for gymnastics.
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Gymnastics Agreement
2.0 PAVILION RENOVATIONS
.
2.1 The Club agrees to renovate, at its expense, the
Pavilion in order for it to be able to be used on a
year round basis; such renovations to meet the
requirements of the Ontario Building Code, the Ontario
Fire Code and any other applicable federal, provincial
or local legislation, regulation or by-law.
2.2 Such renovations will include, but not be limited to,
insulation, vapour barrier, heating and interior
cladding of the main building and washrooms.
2.3
The Town and the Society must approve all aspects
the plans and specifications for the renovations
the Pavilion. As a condition of its approval,
Town will require the plans, specifications
estimates to be submitted to and approved by
Town's engineer at the Club's expense.
of
to
the
and
the
2.4 The Club shall design and construct, at its expense,
an addition or storage building for the purposes of
equipment storage. The Plans and specifications for
this addition or storage building must be approved, in
advance, by both the Town and the Society.
2.5 As part of the original renovations, the Club is
permitted to install floor anchors required to safely
secure their equipment. These floor anchors must be
flush with the floor and their number and location
must be satisfactory to the Town and the society.
2.6 Any additional renovations beyond the original plans
must be approved by the Town and the Society.
2.7 The Society agrees to consult with the Club on any
additional renovations to the Pavilion.
3.0 FINANCING OF WORIlA
3.1 The Club agrees to finance all renovations through the
following sources:
* Grants from the Ministry of Tourism and Recreation.
* Donated labour and materials.
* Club funds.
.
* Fundraising.
3.2 The Town, in its absolute discretion, and the Society
must be satisfied that complete financing is in place
in order to ensure the completion of the project
without any liability on Kincardine taxpayers or
members of the Agricultural Society.
3.3 The Club has one calendar year following the signing
of this agreement to reach a satisfactory state of
readiness to renovate the Pavilion. If, in the
opinion of the Town and the Society, the Club has been
unable to reach this state of readiness this contract
becomes null and void.
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~ Gymnastics Agreement
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4.0 ADDmONAL OPERATING COSTS
4.1 The Club shall pay all costs for heat, light, and
water for the months of September, October, November,
December, January, February, March and ApriL The
Club and the Society will arrange for a per diem
compensation to be paid by the Society to the Club for
any functions booked into the Pavilion in those
months.
5.0 USE OF PAVIT.TON BY CLUB
5.1 The Club shall have use of the Pavilion, at no charge,
for a period of five years from the date of
substantial completion of the renovations. Neither
the Town nor the Club can assign this right.
5.2
The
the
the
Club recognizes
Pavilion and its
Pavilion.
the Society's right to rent out
furnishings in its management of
5.3 The Society and the Club shall each appoint one person
to a two person committee who shall be responsible for
scheduling use of the Pavilion. It shall be the
expressed responsibility of this Committee to schedule
activities suitable to both the Club and the Society.
5.4 Subject to provisions 5.5 and 5.6, the scheduling
committee shall attempt to develop a yearly timetable
which shall be approved by both the Club and the
Society.
5.5 The Society shall be allowed to schedule two events
from the third Monday in September until the Christmas
school break and three events from the first of
January to the second Monday in May.
5.6 The Society agrees to give the Club 10 days notice of
any rental date which has not been scheduled on the
annual timetable between the day following the second
Monday in May until the day before the third Monday in
September.
5.7 If required, the Club agrees to remove their equipment
into the approved storage area by noon of the day
before each rental occurs and during Christmas school
break.
.
5.8 The Society and the Club agree to return the building
to the other party in a clean and tidy state.
5.9 The Society and the Club agree to jointly arrange for
janitorial maintenance and be responsible for general
cleaning of the Pavilion on a regular basis.
5.10 The Society and the Club agree to appoint, from among
their membership, one representative each who shall
review the cleanliness of the building, to ensure it
is clean and maintained.
5.11 The Club agrees to repair any damages, which occur to
the Pavilion while using it, (within one week of its
occurrence). The Society agrees to repair any damages
it or any of its renters, with the exception of the
Club, may do to the Pavilion while using it within one
week.
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Gymnastics Agreement
5.12 The Club agrees to refrain from posting, pinning,
taping or otherwise attaching anything to the walls
except in areas designed and approved by the Society
for display.
'.
6.0
6.1
GENERAL PROVISIONS
The Town and Society will provide an opportunity for
the Club to renegotiate the terms of this Agreement
for an additional five years on its expiry.
6.2 Unless otherwise specified in this. ~greement, any
notices required under the prov~s~ons of this
Agreement shall be given by prepaid registered mail or
by personal delivery to the following persons at the
following addresses:
To the Town:
Clerk
Town of Kincardine
707 Queen Street
Kincardine, Ontario
N2Z 1Z9
To the Society: Secretary
Kincardine Agricultural Society
P.O. Box 591
Kincardine, Ontario
N2Z 2Y9
To the Club:
President
Kincardine Gymnastics Club
P.O. Box 221
Kincardine, Ontario
N2Z 2Y7
Each party is responsible for supplying the other
parties with any changes in address.
.
6.3 The Club, on behalf of itself, its successor and
assigns in title, shall indemnify and save harmless
the Society on a solicitor/client basis against all
actions, suits, causes of action, claims and demands
whatsoever which may arise either directly ,or
indirectly by reason of the Club undertaking this
project.
6.4 This Agreement, when executed, shall constitute ~he
entire agreement among the parties and this Agreement
may not be amended or modified except in writing
signed by the parties hereto.
6.5 The Town may terminate this Agreement upon six months
written notice provided that they have received an
appeal from one of the other parties and finds that
one or both of the parties have failed to comply with
the Agreement.
6.6 If the Society initiates the termination of the
Agreement, the Society agrees to reimburse the Club
for that portion of the Club's disbursements to
renovate the building on a straight line declining
scale over a period of five years.
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Gymnastics Agreement
6.7
null and void
of the Town's
shall not apply.
Sections 2, 3, 4, and 5 shall become
should the Club cease to be a part
recreation department and Clause 6.6
6.8
All equipment of the Club belongs to the Town.
6.9 This Agreement shall automatically terminate after the
five years free rental period has expired.
6.10 Nothing in this Agreement exempts the Club or the
Society or anyone claiming by or through or under it
from compliance with any by-law of the Town or any
statute or regulation of Ontario or any other law nor
exempts it from any liability accruing to it.
6.11 It is mutually agreed that in the event that any
clause or provision of this Agreement or any part
thereof shall be declared invalid, void or
unenforceable by any court having jurisdiction, such
invalidity shall not affect the validity or
enforceability of the remaining portions of this
Agreement unless the result would be manifestly
inequitable or unconscionable.
6.12 This Agreement shall inure to the benefit of and be
binding on the respective heirs, executors,
administrators, successors and assigns of the parties
hereto.
IN WITRBSS WBBRBOF the Town has hereto affixed its
corporate seal attested by the hands of its mayor and clerk
this 3rd day of June, 1993. The Society has hereunto
set their hands and seals this ~ day of June, 1993.
The Club has set their hands and seals this 3rd day' of
June , 1993.
SIGNED, SEALED AND DELIVERED)
in the presence of )
)
)
)
)
)
)
)
) INCARDIRB AGRICULTURAL
: ~ S~IB..TY
)~. ~- .~
) President (Gordon Fair)
I W, hm '"tz to hi".
) z.0rporatio ~
: p ::A~ (Karen Kotva)
) :Secretary- reasure~ .
) 'I/;~. t¡¡<!IV¡fè ~~1t1~iQ¡N~ It!?> ~~Ij\¡cß. !~'ð'r¡;¡f,fVit
) KINCARDINE GYIUIASTICS CLUB P . .
)
)
)
..
'd
~
) Kincar ne Gymnastics Club
.Der~,~ffi- ~.
Se etary (J. Ellen Abercrombie)
On behalf of
Kincardine Gy~nðsttðs~crùb
~-..~. --,'~'