HomeMy WebLinkAbout17 072 Tiverton Agricultural Society Gazebo and Gate Posts (2017) Agreement By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
wit . r
• *�►,►/v
®
,��c/PALI iY OF KING,
BY-LAW
NO. 2017 – 072
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 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 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.
4. That this by-law may be cited as the "Tiverton Agricultural Society Gazebo
and Gate Posts (2017) Agreement 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
C—T
Mayor Clerk
•
This is Schedule "A " to By-Law
No.o9611-Ol passed the 1-7 day
of i`"(Cti 20 I-7
MUNICIPALITY OF KINCARDINE
TIVERTON AGRICULTURAL SOCIETY AGREEMENT
(Gazebo and Gate Posts)
This AGREEMENT made the 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 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 1st, 2017 to May 31,
2022.
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 Agricultural 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 11 day of MOL , 2017. The Tenant has
hereunto set their hand this (1 day of M0(.3 , 2017.
SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE
in the presence of ) MUNICIPALITY OF KINCARDINE
()/1 -,2—•
) Anne Eadie, Mayor
)
) Murray Clarke, C.A.O.
)
) TIVERTON AGRICULTURAL
) SOCIETY
S )
)
Witness 1 ) Tom Evans President
I have the Authority to bind the
Organization