HomeMy WebLinkAbout08 091 Lake Huron Fishing Club Lease Agreement
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2008 - 091
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A LEASE AGREEMENT
WITH THE LAKE HURON FISHING CLUB
WHEREAS Section 8 (1) of the Municipal Act, 2001, S.D. 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 Section 110 of the said Municipal Act, authorizes municipalities
to enter into agreements for the provision of municipal capital facilities by any
person;
AND WHEREAS the Municipality of Kincardine is the owner of Part of Lot 10,
East of Huron Terrace Street, Plan 61, Municipality of Kincardine and Part of Lot
7, West of Huron Terrace Street, Plan 61, Municipality of Kincardine;
AND WHEREAS The Corporation of the Municipality of Kincardine deems it
advisable to enter into a lease agreement with the Lake Huron Fishing Club for a
15 year period from the 1st day of May 2008 to the 30th day of April 2023;
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 a lease
agreement with the Lake Huron Fishing Club for the operation of a Fish
Hatchery and Pump House, in accordance with terms and conditions
outlined in the agreement attached hereto as Schedule 'A' and forming
part of this by-law.
2. That the Mayor and CAD be authorized to sign, on behalf of The
Corporation of the Municipality of Kincardine, the Agreement with the Lake
Huron Fishing Club attached to this by-law and to affix the corporate seal
as and when required.
3.
That this Agreement be in effect for a period of 15 years from the 1st day
of May 2008 to the 30th, day of April 2023.
4.
That this by-law shall come into full force and effect upon its final passage.
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Page 2
Lake Huron Fishing Club Lease Agreement By-law"
By-law No. 2008 - 091
5.
That this by-law may be cited as the "Lake Huron Fishing Club Lease
Agreement By-law".
READ a FIRST and SECOND time this 4th day of June, 2008.
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READ a THIRD time and FINALLY PASSED this 4th day of June, 2008.
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cJay6r Clerk
This AGREEMENT made this 2+cMiay o( J. Ir;: ,2008.
BETWEEN:
THE CORPORA nON OF THE MUNICIPALITY OF KlNCARDINE
Hereinafter called the "Municipality" of the fIrst part
and-
LAKE HURON FISHING CLUB
Hereinafter called the "Club" of the second part.
WHEREAS the Club would like to lease the following property from the Municipality:
A. Part of Lot 10, East of Huran Terrace Street, Plan 61, Municipality of Kincardine
B. Part of Lot 7, West of Huron Terrace Street, Plan 61, Municipality of Kincardine
AND WHEREAS the Lake Huron Fishing Club \Vishes to renew its agreement with the
Municipality; last entered into agreement in 1992 for 15 year term; to have and to hold
the said property for and during the terms of 15 years, from the 1 st day of May, 2008 to
the 30'" day of April, 2023.
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration
oftbe sum of TWO DOLLARS ($2.00), paid each year ofthe agreement by May 1st, the
Club covenants with the Municipality to pay rent, the parties to this agreement agree as
fonows:
1. The Club shall repair the facility at its own expense and keep the premises,
including the walks and grounds in good order and condition.
2. The Club will not assign or sub-let the whole or any part of the premises without
the permission of the Municipality.
3. The Club acknowledges that the referenced premise is a sensitive area and
important tourist attraction for the Municipality. It is the intention of the parties
that there shall be absolutely no other use of the premises for any other purpose
than the following specific purposes:
Parcel A - Fish hatchery and related equipment
Parcel B - Pump House and related equipment supplying fish hatchery
Please note that the Director of Recreation shall have the authority to review and
authorize activities on the premise as requested by the Club.
4. The Club will pay all charges including heat, hydro, and water.
5. The Club will pay any costs associated \Vith installations, alterations, and
additions to the facility/referenced premise.
6. The Club shall put into effect and maintain in its name, at its expense, all the
necessary insurance that would be considered appropriate for an undertaking of
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, subject to increase at the
municipality's discretion. The policy shall include:
a) The Corporation of the Municipality of Kincardine as an additional insured;
b) Cross liability;
c) Contractual Liability;
d) Tenants legal liability;
e) Contents coverage on a replacement cost basis for all property owned by the
tenant; and
f) A thirty (30) day written notice of cancellation
2. The Club shall provide the Municipality with a valid Certificate of
Insurance as evidence of the above coverage upon signing the agreement. The
Club shall provide the Municipality \Vith any renewal replacement certificates as
may be necessary during the term of the Agreement.
7. The Municipality agrees to carry insurance for the grounds as part of its general
municipal insurance policy.
8. The Club agrees to indemnify and hold harmless the Municipality of Kincardine
from and against all suits, judgements, claims, demands, expenses actions, causes
of action and losses and from any and all liability for damages to property and
injury to persons (including death) which the Municipality may incur, otherwise
than be reason of their 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.
9. Under no circumstance is the Club to be considered an agent, servant or employee
of the Municipality. The Club operates solely as an independent entity and may
not bind the Municipality to any contracts, agreements, arrangement or liabilities
whatsoever.
10. The Club agrees to follow all applicable municipal by-laws.
. .
11. The Municipality retains the right to use the referenced premises, on an as
required basis subject to a written request by the Municipality.
12. This agreement shall expire on Apri130, 2023.
13. This agreement maybe terminated by either party with sixty (60) days written
notice to the other.
14. The Club shall have the first right ofrefusal to renegotiate a new agreement for a
further period on tenns at a price acceptable to the Municipality.
IN WITNESS WHEREOF the parties hereto have affixed their respective corporate
seals as attested to by the Signature of the Signing Officers of the Municipality and the
Club.
SIGNED, SEALED AND DELIVERED
in the presence of
THE CORPORATION OF THE
MUN~PALITY ARDINE
We have the authority to bind the
Corporation
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LAKE HURON FISHING CLUB
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