Loading...
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. .../2 ..-.:_~- ~ .~' .: ~- Page 2 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. ... /3 --~."-----.- ~-^ '-'~' ~ -, Page 3 ~ Gymnastics Agreement . 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. . . .'4 ...-c~"..>:::;.__ . . .- .-. Page 4 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. ... /4 .-r'~"~..:",;.'.~, _' ~ '-~..A'--""..., ,:',' /_~J: / 9" .' . ''''';'1! Page 5 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 ~-..~. --,'~'