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Home My WebLink About17 117 Township of Bruce Historical Society Monument to SS No. 14 (2017) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT 0 4 .�% , 701'ALI7YOFp' ' ��' BY-LAW NO. 2017 - 117 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH TOWNSHIP OF BRUCE HISTORICAL SOCIETY TO PERMIT A MONUMENT ON MUNICIPAL PROPERTY WHEREAS Section 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, 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 Corporation of the Municipality of Kincardine deems it advisable to enter into an agreement with Township of Bruce Historical Society to permit a monument to SS No. 14 School (Bruce Township) on the Municipal property per Report CLE 2017-11; 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 Township of Bruce Historical Society to permit a Monument to SS No. 14 School (Bruce Township) on the road allowance at Lot 21 Concession 12 (geographic Township of Bruce) in the Municipality of Kincardine. • 2. That the Mayor and Chief Administrative Officer be authorized and directed to execute, on behalf of The Corporation of the Municipality of Kincardine, the Agreement with Township of Bruce Historical Society, attached hereto as Schedule "A" and forming part of this By-law. 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 "Township of Bruce Historical Society Monument to SS No. 14 Agreement (2017) By-law". READ a FIRST and SECOND TIME this 6th day of September, 2017. READ a THIRD TIME and FINALLY PASSED this 6th day of September, 2017. 4r/ � _ _ , _ 11,10Sobv Mayor Clerk • This is Schedule "Lc "to By-Law No19011-1/1 passed the Lo day of 5np4e0-be( 201-3- AGREEMENT THIS AGREEMENT made this day of S-rkml ,° , 2017 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE (hereinafter called the "Municipality") OF THE FIRST PART - and - TOWNSHIP OF BRUCE HISTORICAL SOCIETY (hereinafter called the "Historical Society") OF THE SECOND PART WHEREAS the Municipality and the Historical Society wish to enter into an agreement whereby the Historical Society may erect a Monument on the Municipality's property; NOW THEREFORE WITNESSETH in consideration of mutual covenants herein and the payment to the Municipality of one dollar ($1.00), the receipt of which the Municipality hereby acknowledges, the Parties agree as follows: 1. The Municipality, as owner of the subject property, road allowance at Lot 21 Concession 12 (geographic area Township of Bruce) in the Municipality of Kincardine, agrees to permit a Monument to SS No. 14 School (Bruce Township) to be located on the property. 2. The site plan identifying the location of the Monument and the concept drawing of the Monument are attached as Schedule "A" and Schedule "B", respectively. 3. The term of this Agreement will commence on the date of execution of the agreement and will automatically renew for successive terms of one (1) year (each, a Renewal Term) unless either Party provides the other Party with one hundred eighty (180) days prior written notice to the end of the Initial Term or the Renewal Term. 4. The Historical Society shall at its own cost, charge and expense and to the satisfaction of the Municipality: i) install, keep and maintain the Monument in a good and proper state of repair and safety; ii) make no additions or modifications to the monument which are not authorized or contemplated by this agreement. 5. The Historical 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 tenant undertaking this type of operation for the period during which the Agreement is in effect with insurers acceptable to the Municipality, including: i) 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: a) Cross liability; b) Contractual liability; c) A thirty (30) day written notice of cancellation; d) Contents coverage on a replacement cost basis for all property owned by the Historical Society. ii) The Historical Society shall provide the Municipality with a valid Certificate of Insurance as evidence of the above coverages upon signing the agreement. iii) The Municipality at its sole discretion may in writing change the insurance required under this Agreement including, but not limited to, the limit of insurance. The revised insurance requirements will come into effect at the latest of 4 months from the date of notice or upon the next renewal date of the Historical Society's existing policy at the date notice is provided. 6. Where, in the opinion of the Municipality or the Historical Society, it is necessary to repair, altar or remove the Monument or part thereof, the Historical Society shall, at its own cost, charge and expense, to the satisfaction of the Municipality, repair, alter or remove the Monument or any part thereof from the subject property, and restore the affected area upon receiving notice in writing from the Municipality to do so, without being entitled to any compensation whatsoever for such repair, alteration or removal and restoration. If the Historical Society neglects, refuses or fails to do so within 90 days of receiving the aforesaid notice to repair, alter or remove, then the Municipality may remove the Monument or parts thereof from the subject property, as determined by the Municipality at the cost, charge and expense of the Historical Society and the certificate of the Municipality as to the cost of such repair, alteration or removal and restoration shall be final and binding upon the Historical Society and the Municipality may recover such costs from the Historical Society. 7. Nothing contained herein shall be construed as giving to the Historical Society anything more than permission to erect and maintain the Monument until such time as this agreement expires or is terminated or the removal of the Monument may be required as provided. 8. The parties acknowledge and agree that no length of time of, or enjoyment by the Historical Society of the permission granted herein shall give any right, title or interest to the Historical Society or its successors in title, of the subject property or shall deprive the Municipality by the operation of any limitation period or otherwise of any right to require the removal of the Monument or any restoration of the subject property to the satisfaction of the Municipality at the Historical Society's expense. 9. The Historical Society hereby covenants and agrees that at the time that the Monument is removed in whole or in part, or is in need of replacement, and in any event, upon the expiry or termination of this agreement, that the works formally comprising such Monument shall be removed, at the Historical Society's sole expense, so that they are located entirely off the subject property and at such time, this agreement shall become null and void and be of no further effect. 10.The Municipality covenants and agrees that the Historical Society, and its respective officers, servants, workers, employees, agents and contractors, under its control or supervision or any of them shall have the right from time to time and at all reasonable times during the currency of this agreement, to enter in and upon the lands described in Schedule "A" or any part thereof, with all necessary workers, plant, equipment and material for the purpose of inspecting, repairing, altering or removing the Monument from the subject property in accordance with this agreement. Such inspection shall not free or relieve the Historical Society in any way whatsoever from the liability under the covenant set out to keep and maintain the Monument in good and proper repair and condition. 11.The parties acknowledge and agree that this agreement does not in any way whatsoever diminish the rights of the Municipality, or any gas, telephone, telegraph, electric light or other public utility company, their respective officers. servants, workers, employees, agents and contractors, to enter at all times upon the subject property for the purpose of constructing, repairing, maintaining, replacing or removing any sewers, mains, culverts, drains, water pipes, poles, wires or otherwise underground services and installations and appurtenances thereto. The Municipality shall not be entitled to any damages or compensation by reason of the exercise of the Historical Society or utility company's rights contained in this clause and the Historical Society at its own expense shall carry out such repair, alteration or removal of the Monument as the Municipality may direct pursuant to the exercise of the Historical Society's or utility company's rights. 12.Any notice required or permitted to be given by one party to the other pursuant to the terms of this agreement shall be given: to the Municipality at: Municipality of Kincardine 1475 Concession 5 RR #5 Kincardine, Ontario N2Z 2X6 Facsimile No.: (519) 396-8288 to the Historical Society at: Township of Bruce Historical Society do John Dahmer 690 Louis Street Port Elgin, ON N0 2C4 • 13.This agreement and everything herein contained shall correspond with the lands described in Schedule "A" and be binding upon the parties, their heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF the Municipality and the Historical Society have executed this Agreement. THE CORPORATION OF THE TOWNSHIP OF BRUCE HISTORICAL MUNICIPALITY OF KINCARDINE SOCIETY : Anne Eadie �/�� .��(/✓ Title: Mayor Ime: a A m e' f _/ 64-74 ame: Sharon Chambers Title: Chief Administrative Officer Name: I t I�h urns ode S e,cre }-C ? I/we have authority to bind the corporation I/we have authority to bind the corporation Authorized by By-law No. 2017 - I Ii • SCHEDULE "A" - Site Plan To Agreement made between THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE and TOWNSHIP OF BRUCE HISTORICAL SOCIETY SITE PLAN ;•,,:•"' , „., .3(..; ,• ...',...: .dt'•' ••. ,,...1..•• ''.•. . .. . - •..- -••.• ‘••• ,, .. ... . . - SIDEROAD 20 • • . , . .. . .... .. : ......- • •,. , ''•;:' ., 4.: , ,„.. ',2i,-..;•;,,. • '''..,..',' ''.'''' f'''",4,..li;!!;!•74i:i:Arzt'i.*Vi.,44e:.:3*.?',T.',4,101i.'!,!;..K .i ,,/,', ,.'. ‘,. '. ,,,',.11,,,., ,..:ie,,,,,,..,,.;.,.,...,, ,..;.-•,..47,,,,,',,,,,Y7',..-776A;17..,`.•;j:I'g'1,7gie.i'',,,..5,2"1.`.'''.,, , •• . •• o,. , • ,'•;', ...'': c z'• ;.,.. ,,•,'••1 „, .. , . ... •••-• :,.. ,...: H1 '''',"• ! ' SCHEDULE "B" - Concept Drawing of Monument To Agreement made between THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE and TOWNSHIP OF BRUCE HISTORICAL SOCIETY IMMIIIIIIIIIIIIIIIIIIIIIII j ))? ....., ITI / ,E 'V 3 14,4 L. ...------._ •• ,„,,, ---",..7.r. 1 . 7 • o ..kiNc fir . I