HomeMy WebLinkAbout11 077 Bruce County R.F.C. Inc. Land Use Agreement THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY-LAW
NO. 2011 - 077
BEING A BY -LAW TO ENTER INTO AN AGREEMENT
WITH BRUCE COUNTY R.F.C. INC.
WHEREAS the Municipal Act, 2001 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 of the Municipality of Kincardine deems it necessary
to enter into an agreement with the Bruce County R.F.C. Inc. for the use of the
property known as the Tiverton Sports Centre located at 20 McLaren Street,
Tiverton, Municipality of Kincardine;
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 the Bruce County R.F.C. Inc. for the use of the property
known as the Tiverton Sports Centre located at 20 McLaren Street,
Tiverton, Municipality of Kincardine.
2. That the Mayor and Chief Administrative Officer be authorized and directed
to sign and execute, on behalf of The Corporation of the Municipality of
Kincardine, the Agreement with the Bruce County R.F.C. Inc. attached
• hereto as Schedule 'A' and to affix the corporate seal.
3. This by -law shall come into full force and effect upon its final passage.
4. This by -law may be cited as the "Bruce County R.F.C. Inc. Land Use
Agreement By -law ".
READ a FIRST and SECOND TIME this 18 day of May, 2011.
S urma_ tosoz-
ayor Clerk
READ a THIRD TIME and FINALLY PASSED this 18` day of May, 2011.
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4 yor Clerk
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This AGREEMENT made the 18 day of May, 2011.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
hereinafter called the "Municipality" of the First Part.
-and -
BRUCE COUNTY R.F.C. INC.
hereinafter called the "Tenant" of the Second Part.
WHEREAS the Municipality and the Tenant wish to enter into an agreement for the
property known as the Tiverton Sports Centre located at 20 McLaren Street, Tiverton,
Ontario;
AND WHEREAS both parties support recreation as a key driver for wellness in our
Community;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration
of the mutual covenants and agreements hereinafter contained, and subject to
the terms and conditions hereinafter set out, the parties agree as follows:
1. TERM
1.1 The term of the lease shall be five years, with an option to renew for
a further five years.
1.2 This lease agreement to be in effect as of June 1 2011 to
December 31 2016.
2. SPACE TO BE LEASED
2.1 The entire area outlined on the attached Schedule 'A'.
The Municipality agrees to lease the area outlined, for the
construction of a multi - purpose sports field.
The Municipality will provide the tenant with the following sports field
rights:
i) The Tenant will have priority booking privileges for 70% of the
available hours for general recreation purposes.
ii) The Municipality will provide booking services through the
Davidson Centre Office.
2.2 The Tenant shall agree to undertake the following:
- The Tenant agrees to build a multi - purpose sports field in
accordance with good construction practices.
- The cost of the construction project and all other contractual
obligations shall be bome by the Tenant.
- The Tenant agrees to cooperate with the Municipality in regards
to the responsible use of the sports field.
- The Tenant will contact the Recreation Director of the Municipality
for any issues arising out of this agreement or use of the sports
field.
- The Tenant will cut the grass on a regular schedule or will pay the
Municipality to undertake the cutting of grass.
2.3 The Tenant will provide the Recreation Director with plans for the
construction of the sports field in concert with a drainage plan prior to
any construction activity starting in 2011. In addition, the Tenant's
sports field contractor shall provide the Municipality with a certificate
of insurance and proof of W.S.I.B. coverage prior to engaging in
construction practices. In the event that the Contractor or any sub-
contractor is not paid, the tenant shall forfeit this land use agreement
and be responsible for financial restitution of all outstanding costs.
Upon restitution of financial issues, the land use agreement will be
reinstated.
2.4 Upon completion of construction of the sports field asset the Tenant
hereby donates the new field to the Municipality. In addition the
Tenant will provide construction costing information to the
Municipality to enable asset management obligations (P.S.A.B.).
3. RENTAL FEES
3.1 The Tenant will be provided use of the field for a net sum of zero
dollars providing that the following conditions are fulfilled:
- that all of the tenants obligations under this contract are met.
4. MAINTENANCE
4.1 Field maintenance shall be the responsibility of the Tenant.
5. INSURANCE
5.1 The Tenant shall 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:
(a) 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:
1. The Corporation of the Municipality of Kincardine as an
additional insured
2. Cross Liability
3. Contractual Liability
4. Tenant's Legal Liability
5. Contents coverage on a replacement cost basis for all
property owned by the Tenant
6. A thirty (30) day written notice of cancellation
(b) The Tenant shall provide the Municipality with a valid Certificate of
Insurance as evidence of the above coverage upon signing the
agreement. The Tenant shall provide the Municipality with any
renewal replacement certificates as may be necessary during the
term of the agreement.
6. TERMINATION UPON NOTICE
6.1 Either party to this agreement may, with three months written notice
of intent, dissolve the agreement.
6.2 Notice with regard to this agreement shall be delivered to:
- Municipality of Kincardine care of Recreation Director at 1475
Concession 5, RR #5, Kincardine, ON N2Z 2X6
- Bruce County Rugby Football Club care of Club President at the
current address provided by the Tenant on a yearly basis.
IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal
attested by the hands of its Mayor and CAO this 18 day of May, 2011. The Tenant
has hereunto set their hand this 05 day of Nicol , 2011.
SIGNED, SEALED AND DELIVERED )THE CORPORATION OF THE
in the presence of ) M CIPALITy: -QF INCARDINE
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) tr A BC
Mayor
•
Chief Administrative O . er,
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)
) BRUCE COUNTY R.F.C. INC.
Witness ) President
)
) I HAVE THE Authority to bind the Organization