HomeMy WebLinkAbout17 071 Tiverton Agricultural Society Agreement Saddle Horse Ring (2017) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT *I-W "® ��C��LI1Y OF KIN�p�Y BY-LAW NO. 2017 - 071 BEING A BY-LAW TO ENTER INTO AN AGREEMENT WITH THE TIVERTON AGRICULTURAL SOCIETY FOR THE OPERATION AND MANAGEMENT OF THE SADDLE HORSE RING AT THE TIVERTON SPORTS CENTRE 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 it has been determined that there is a need to enter into an agreement with the Tiverton Agricultural Society to use the Tiverton Sports Centre and grounds to allow the Society to operate and manage the Saddle Horse Ring for the benefit of the public; 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 to operate and manage the Saddle Horse Ring for the benefit of the public, 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 to 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. This by-law shall come into full force and effect upon its final passage. 4. This by-law may be cited as the "Tiverton Agricultural Society Agreement Saddle Horse Ring (2017) By-law". READ a FIRST and SECOND TIME this 17th day of May, 2017. READ a THIRD TIME and FINALLY PASSED this 17th day of May, 2017 Mayor Clerk • This is Schedule " A " to By-Law No 1-1-071 passed the I 1 day of FIC 20 (--- MUNICIPALITY OF KINCARDINE TIVERTON AGRICULTURAL SOCIETY AGREEMENT (Saddle Horse Ring) This AGREEMENT made this 17th day of May, 2017. 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 is the owner of lands as identified on Schedule "A" of this agreement; AND WHEREAS it has been deemed desirous by the Council of the Municipality of Kincardine to allow the Society to operate and manage the Saddle Horse Ring for the benefit of the public; NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the premises and mutual promises and covenants hereinafter contained, the parties hereby agree as follows: 1 EXCLUSIVE USE OF PREMISES a) The Municipality hereby grants and sets over to the Society that portion of land indicated on Schedule "A", for the use of the Saddle Horse and 4-H Horse Show or its descendants at the Tiverton Fall Fair, as well as for use by the 4-H Horse Club or its descendants to raise money for its upkeep and equipment. b) The Society agrees that the area may also be used by other groups subject to the Society's approval. c) The Society may use the Sports Centre and grounds during the Tiverton Fall Fair at no charge. The Society may also use the Sports Centre and grounds for one summer event at no charge. d) The parking area on the north and north-west of the arena is to be allotted for parking on the day of Saddle Horse Ring events. 2. TERM a) This agreement shall be for a five year term and shall commence on the 1st day of June, 2017 and shall continue until May 31, 2022. b) The terms of this agreement shall be reviewed by the parties at least once during the agreement. 3. TERMINATION a) This agreement may be terminated by either party giving one year's written notice of termination to the other. b) This agreement may be terminated without notice at the discretion of either party upon any act of default of the terms of this agreement, by either party or upon the Agricultural Society ceasing to exist. c) This agreement shall be for five years, to be in effect from June 2017 to May 2022, or until such time that a new Whitney Crawford Community Centre is built, at which point this agreement shall be reviewed. 4. FINANCIAL TERMS a) The costs of operating the show ring and the building including the regular maintenance of the building and grounds shall be funded by the Society. b) The costs of capital improvements are the responsibility of the Society after receiving written approval from the Municipality of Kincardine. 5. INSURANCE Indemnity The Society 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 of their own negligence or willful misconduct, as a result of or arising out of or in relation to any breach of the terms of this Agreement, the Municipality's own negligence or willful misconduct. Insurance 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's 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. The Municipality shall put in effect and maintain in its name, at its expense, all the necessary insurance that would be considered appropriate for a prudent owner undertaking this type of operation for the period during which the Agreement is in effect including: Page 2 of 5 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) per occurrence. The policy shall include: a) Cross liability; b) Contractual liability; and c) Property coverage on a replacement cost basis for the equipment building on this property. 6. REPAIRS AND IMPROVEMENTS a) It is acknowledged by the Society that the show ring will be used by the public and must be maintained at all times in a safe condition for those using it. b) The Municipality shall inspect the grounds at least once yearly and then provide a written report to the Society based on the results of its inspection, outlining any maintenance deficiencies to be remedied by the Society together with a time line for their completion. c) Plans for all capital improvements and proposed major repairs shall be submitted for approval to the Recreation Director by the Society together with estimates of the cost of such work and no such work shall be authorized until the approval of the Municipality has been given. d) All capital improvements to the show ring shall accrue to the benefit of the Municipality and shall remain with the Municipality upon the termination of this agreement. 7. GENERAL a) This agreement shall be binding on the Municipality of Kincardine and any successor municipal corporation which may succeed or replace the Municipality. b) This agreement shall not be assigned or transferred by the Society without the expressed written consent of the Municipality having been first obtained. c) This agreement shall be in force and effect only upon its authorization by a by-law by the Council of the Municipality of Kincardine. d) Any changes or other amendments to this agreement may only be made by further agreement in writing and duly authorized and signed by the parties. e) The Corporation of the Municipality of Kincardine acknowledges that the building indicated on Schedule "A", is owned by the Tiverton Agricultural Society and shall remain the property of the Tiverton Agricultural Society should the agreement be terminated. Page 3 of 5 IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal attested by the hands of the Mayor and C.A.O. the ( 7 day of (ilcj 2017. The Society has hereunto set her hands this 17 day of I\ija t�, 2017. SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE in the presence of ) MUNICIPALITY OF KINCARDINE ) ) ) Anne Eadie, Mayor ) ) Murray Clarke, C.A.O. ) ) TIVERTON AGRICULTURAL ) SOCIETY CA ) Witness ) Tom Evans President I have the Authority to bind the Organization Page 4 of 5 SCHEDULE `A' OF AGREEMENT Note: It is understood and agreed that this Schedule forms part of the Municipality's Agreement Re: Subject Property shown hatched (20 McLaren Street) —40 A/A ,rya 1 OW Or: 20 McLaren St 1,4 . igra rr . • • * • - - - + • ". • • rY 'z a Page 5 of 5