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Home My WebLink About07 364 Trails Agreement (Condo Corp. No 19) e e e e THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2007 - 364 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT FOR ACCESS OVER THE KINCARDINE RAIL TRAIL (Bruce Vacant Land Condominium Corporation No. 19) WHEREAS Section 8 (1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides 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 WHEREAS pursuant to the said Municipal Act, Section 9 provides that a municipality 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 of The Corporation of the Municipality of Kincardine deems it advisable to enter into an agreement with Bruce Vacant Land Condominium No. 19, for access over the Kincardine rail trail from Inverlyn Lake Estates; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the Corporation of the Municipality of Kincardine enter into an agreement with Bruce Vacant Land Condominium Corporation No. 19. 2. That the Municipality of Kincardine agrees to allow residents of Inverlyn Lake Estates access over the portion of the rail trail (East of Saratoga Road. to the 8th tee off entry point) connecting to Ainsdale Golf Course using golf carts. 3. That the Mayor and CAO be authorized to sign, on behalf of The Corporation of the Municipality of Kincardine, the Agreement with Bruce Vacant Land Condominium Corporation No. 19, which is attached hereto as Schedule 'A' and to affix the corporate seal as and when required. 4. This By-law shall come into full force and effect upon its final passage. .../2 e e e e Page 2 Trails Agreement (Condo Corp. No.19) By-law No. 2007 - 364 5. This By-law may be cited as the "Trails Agreement (Condo Corp. No. 19) By- law". READ a FIRST and SECOND TIME this 5th day of December, 2007 ci: ~L ~ayor \?)~ 1~~ Clerk READ a THIRD TIME and FINALLY PASSED this 5th day of December, 2007. ~~ Clerk Mayor Agreement for Access over Kincardine Rail Trm Inverlyn Lake Estates -.- BETWEEN Bruce Vacant Land Condominium Corporation No. 19 And the Municipality of Kincardine The Municipality of Kincardine agrees to allow residents ofInverlyn Lake Estates access over the portion ofthe rail trail (East of Saratoga Road to the 8th tee off entry point) connecting to Ainsdale Golf Course using golf carts. (please see schedule -A- for rail trail map) Bruce Vacant Land Condominium Corporation No. 19 agrees to modifY the access gate to allow golf cart usage, assuming all costs involved in the modification. The Municipality of Kincardine will install the appropriate signage required. Bruce Vacant Land Condominium Corporation No. 19 will ensure that golf cart owners/drivers agree to adhere to trail etiquette, allowing pedestrians to have the right of way. MacGregor Enterprises Limited understands and agrees that any misuse by golf cart owners/drivers will return the trail to passive use. Bruce Vacant Land Condominium Corporation No. 19 will ensure a list of users and proof of insurance be sent to the Municipality on an annual basis or failure to do so nullifies this agreement. Bruce Vacant Land Condominium Corporation No. 19 agrees to indemnifY and hold harmless the Municipality from and against all suits, judgements, claims, demands, expenses, actions, causes of action and losses and for any and all liability for damages to property and injury to persons (including death) which the Municipality may incur, otherwise than by reason oftheir own negligence or wilful misconduct, as a result of or arising out of or in relation to any breach of the terms of this agreement, or the Municipality's own negligence or wilful misconduct. Bruce Vacant Land Condominium Corporation No. 19 shall put in effect and maintain in its name, at its expense, all 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 dalllage to an inclusive limit of not less than Two Million Dollars ($2,000,000,00) per occurrence. The policy shall include: a) The Corporation of the Municipality of Kincardine as an additional insured; b) Cross liability c) Contractual liability d) A thirty (30) day written notice of cancellation. 2. Bruce Vacant Land Condominium Corporation No. 19 shall provide the Municipality with a valid certificate of Insurance as evidence of the above coverage's upon signing the agreement. MacGregor Enterprises Limited shall provide the Municipality with any renewal replacement certificates as may be necessary during the term of the Agreement, 3. Bruce Vacant Land Condominium Corporation No. 19 shall be responsible to obtain Certificates ofInsurance for the above coverage's from each tenant and shall make these available to the Municipality for its review if requested. The tenant's policies shall have the same coverage obligations as set -out in section # 1 of this agreement. Dated: f). r 7/07 , , '~~j"- .>~~JJ Municipality of Kincardine CAO John deRosenroll Dated: 0 c-- L i-l Ot Dated:i/:V-tfrJ L 0{ g. J...D()1 m Corporation No. 19 Dated:ffi VU'Yl kif :l f ). . ,-1 inium Corporation No. 19 Schedule A :ID <<!lIl1iill.J .. i .~ . -",' . I .~ ;< J' ..' ....,>~ ~, ,,,;l,l1'.,,,'':'/'" " ~ "~~" .. ..... ~'i>, ',)) " ',~ ". ,;tr r~Z.~', ~~, .;./l '<_: . . -'J!. ..10<.......; _0' __ " ~ i,~';":" i..))~;. ,t.,.". 1& ;o;~ ."/' .",::.!'" ":jJ' "1ii'! ". ":.' ':.. :l" .':~CJ-..'., ~, .f!iYh"i \~" -': 'i('l' ~ _ . ..., -..."V~ .,..'.~ ,N ". ~ ":J~ -,>"ii:. ,t :j,' ' ..,tI.._7:)~. . _"'! ~ ~;i" ~":-.' ~~. - ~ - .'I"~'# ,'.""." ....... . ,:_.y _ "~_ _.~_. '"'5 lJ( " .. ",'J;' '''):''' ;- ",.' . ' ",. ", ".,.. j .'<(. _ ....., ',- . ',' ..t ~"w Ei ~ ~... l ^;: .~tlS,;:r\, ,,' '.'., '\;~~"f ' ~"',;-(.,.. . " ,.;',,.y . 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