HomeMy WebLinkAbout12 053 Tiverton Agricultural Society Gazebo and Gate Posts (2012) Agreement By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY -LAW
NO. 2012 - 053
BEING A BY -LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH
THE TIVERTON AGRICULTURAL SOCIETY FOR THE MAINTENANCE AND
INSURANCE OF THE GAZEBO AND GATE POSTS AT THE TIVERTON
FAIRGROUNDS
• (61 Ross Street)
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 it has been determined that there is a need to enter into an
agreement with the Tiverton Agricultural Society for the maintenance and
insurance of the gazebo and gate posts at the Tiverton Fairgrounds;
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 Tiverton Agricultural Society for the maintenance and
insurance of the gazebo and gate posts at the Tiverton Fairgrounds, in
accordance with the terms and conditions outlined in the agreement
attached hereto as Schedule `A' and forming part of this by -law.
2. That the Mayor and Chief Administrative Officer be authorized and
directed execute, on behalf of the Council of The Corporation of the
Municipality of Kincardine, the agreement with the Tiverton Agricultural
Society, attached hereto as Schedule `A'.
3. That this by -law shall come into full force and effect upon its final passage.
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Tiverton Agricultural Society Gazebo and Gate Posts (2012) Agreement By -law
By -law No. 2012 - 053
• 4. That this by -law may be cited as the "Tiverton Agricultural Society Gazebo
and Gate Posts (2012) Agreement By -law ".
READ a FIRST and SECO ' TIME this 16 day of May, 2012.
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ilayor Clerk
READ a THIRD TIME and FINALLY PASSED this 16 day of May, 2012.
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This AGREEMENT made the I6 day of IiY) a L , 2012.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
hereinafter called the "Municipality" of the First Part.
-and -
TIVERTON AGRICULTURAL SOCIETY
hereinafter called the "Society" of the Second Part.
WHEREAS the Municipality and the Society wish to enter into an agreement for the
maintenance and insurance of the gazebo and gate posts, located on the Tiverton
Fairgrounds located at 61 Ross Street, Tiverton, Ontario;
AND WHEREAS both parties support community facility development as an important
part for Community development;
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 for 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 2012 to May 31,
2017.
2. SPACE TO BE LEASED
2.1 The entire area outlined on the attached Schedule 'A'.
In 2011, The Municipality agreed to authorize the Society to locate
their gazebo and gate posts on municipal property.
3. MAINTENANCE
3.1 Maintenance of both the gazebo and gate posts shall be the
responsibility of the Society.
4. INSURANCE
4.1 The Society shall put in effect and maintain in its name, at its expense,
all the necessary insurance that would be considered appropriate for a
prudent group 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 Society shall provide the Municipality with a valid Certificate of
insurance as evidence of the above coverage upon signing the
agreement. The Society shall provide the Municipality with any
renewal replacement certificates as may be necessary during the
term of the agreement.
5. TERMINATION UPON NOTICE
5.1 Either party to this agreement may, with three months written notice
of intent, dissolve the agreement.
5.2 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
- Tiverton Agricultual Society 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 IL day of Nay , 2012. The
Tenant has hereunto set their hand this ((n day of [`U , 2012.
SIGNED, SEALED AND DELIVERED )THE CORPORATION OF THE
in the presence of ) MUNIC ALITY 0 IN . RDI,NE-
I. -
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CAO
) TIVERTON AGRICULTURAL SOCIETY
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Witness ) President
) I HAVE THE Authority to bind the Organization