Loading...
HomeMy WebLinkAbout18 122 Connaught Park Pavilion (Kincardine Agricultural Society) Operating Agreement By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE tyt ClPA4tt OF K1N6P� BY-LAW NO. 2018 - 122 A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH THE KINCARDINE AGRICULTURAL SOCIETY TO OPERATE THE CONNAUGHT PARK PAVILION WHEREAS pursuant to the Municipal Act, 2001, S.O. 2001, c. 25, as amended, 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 Municipality is the owner of the lands and premises located at 133 Broadway Street, Kincardine, Ontario and known as the Connaught Park Pavilion and which is referred to throughout this agreement as the "Pavilion"; AND WHEREAS the Kincardine Agricultural Society has leased the Connaught Park Pavilion from and manages the Pavilion for the Municipality; AND WHEREAS Council deems it appropriate to enter into an Operating Agreement with the Kincardine Agricultural Society to allow the Society to operate and manage the Pavilion for the benefit of the public; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: S1. That The Corporation of the Municipality of Kincardine enter into an Operating Agreement with the Kincardine Agricultural Society to operate and manage the Connaught Park Pavilion, attached hereto as Schedule 'A'. 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 Operating Agreement with the Kincardine Agricultural Society, attached hereto as Schedule "A" and forming part of this By-law. 3. This by-law shall come into full force and effect upon its final passage. 4. This by-law may be cited as the "Connaught Park Pavilion (Kincardine Agricultural Society) Operating Agreement By-law". READ a FIRST and SECOND TIME this 10th day of October, 2018. READ a THIRD TIME and FINALLY PASSED this 10th day of October, 2018. Mayor Clerk This is Schedule "A..." to By-Law 'No c_�-�i passed the day of Qc 1 20 i$ Agreement made this 10 day of C3o2018 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE (Hereinafter called the "Municipality") - AND — KINCARDINE AGRICULTURAL SOCIETY (Hereinafter called "the Society") WHEREAS the Municipality is the owner of the lands and premises located at 133 Broadway Street, Kincardine,Ontario and known as the Connaught Park Pavilion and which is referred to throughout this agreement as the "Pavilion"; AND WHEREAS the Society leases the Connaught Park Pavilion from and manages the Pavilion for the Municipality; AND WHEREAS is has been deemed desirous by the Council of the Corporation of the Municipality of Kincardine to allow the Society to operate and manage the Pavilion for the benefit of the public; NOW THEREFORE, in consideration of the sum of$1.00 and other good and valuable consideration,the parties hereby agree as follows: 1. Use of Premises (a) The Municipality hereby grants and sets over to the Society the use of the Pavilion, subject to the terms and conditions of this agreement. (b) Such use shall include exclusive possession of the premises and its fixtures and chattels provided the Society remains in existence and continues to actively pursue its program of operating the Pavilion to the benefit of the public. 2. Term (a) This agreement shall be for five years,to be in effect from October 2018 to October 2023. (b) The parties shall review the terms of this agreement and the Society may renew this agreement for a further five years subject to the Municipality's approval. 3. Terms of Operations The Society shall operate the Pavilion on the following terms and conditions: (a) The operation of the Pavilion must at all times be under the direction,supervision and control of the executive or designated members of the Society. They shall appoint a representative as a designated liaison person to meet with the Director of Parks& Recreation regarding the terms of this agreement.At no time may the agreement or any rights hereunder be assigned to any person by the Society. (b) The Society shall take no action which would result in the premises or any of the attached fixtures or chattels associated with it, being sold,transferred or in any way encumbered. (c) The Society shall make the building available for use by individuals, businesses and community groups for activities deemed suitable and at rental rates established by The Society from time to time. These rates shall be reviewed by the Director of Parks& Recreation prior to being put into effect and at a minimum on a yearly basis. (d) The Society may rent the Pavilion, however, each group or rental must provide proof of insurance and shall add The Corporation of the Municipality of Kincardine as an additional-named insured to its Commercial General Liability insurance policy and provide a copy to the Municipality. Contents coverage for property located in the Pavilion will be the responsibility of the tenant(s)or rental groups. (e) The Society may use the Connaught Park grounds at no charge for their annual Fall Fair activities. 4. Insurance The Society shall put into effect and maintain in its name, at its expense, all the necessary insurance that would be considered appropriate for a prudent tenant undertaking the Society's type of operation 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) per occurrence.The policy shall include: (a) The Corporation of the Municipality of Kincardine as an additional insured; (b) Cross liability (c) Contractual liability (d) Tenants Legal liability (e) Contents coverage on a replacement basis for all property owned by The Society and located at the Pavilion (f) A thirty(30) day written notice of cancellation ii)The Society shall provide the Municipality with a valid Certificate of Insurance as evidence of the above coverages. The Society shall also provide the Municipality with any renewal replacement certificates during the remainder of the tenancy. iii)The Society agrees to fully indemnify and hold harmless the Municipality from and against all suits, judgements,claims, demands, expenses,actions,causes of action and losses of any kind and for any and all liability for damages to property and injury to persons (including death)which the Municipality may incur, sustain or suffer as a result of, arising out of or in any way related to the matters addressed in this Agreement, unless such losses are caused solely by the Municipality's own gross negligence or willful misconduct. 5. Services The parties agree that the cost of operating the Pavilion shall be based on the following terms and conditions: (a) The Municipality agrees to provide grounds maintenance including snow removal and lawn care. (b) The Municipality agrees to provide and pay for property insurance for the Pavilion. (c) The costs of operating the Pavilion including regular maintenance of the facility as well as general supplies shall be the responsibility of the Society from the proceeds received from renting the Pavilion. (d) The Society shall provide at its cost all other services required to operate the Pavilion including but not limited to electricity,telephone, heat, regular garbage removal,etc. 6. Financial Terms (a) Capital improvements and major repairs shall be submitted to the Municipality for approval during the annual budget process. (b) The Society shall prepare or cause to have prepared, annual financial statements which accurately reflect the financial position of the operation of the Pavilion.These statements shall be delivered to the Director of Parks& Recreation prior to the end of January following each year end throughout the term of this agreement. 7. Repairs and Improvements (a) It is acknowledged by the Society that the Pavilion will be used by the public and must be maintained at all times in a safe condition for those using it. (b) The Society acknowledges and agrees to maintain the Pavilion in such a manner to meet the standards of the Ontario Occupier's Liability Act. (c) Plans for all capital improvements and proposed major repairs shall be submitted for approval 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) The Society undertakes to maintain in good and operating condition the Pavilion, including making repair investments from revenues. (e) All capital improvements to the Pavilion shall accrue to the benefit of the Municipality and shall remain with the Municipality upon the termination of this agreement. (f) The Municipality shall have the right to retain a key to the Pavilion and the right to enter the premises upon reasonable notice to the Society for the purpose of conducting inspections of the condition and state of repair to the Pavilion. (g) The Society agrees that upon termination of this agreement that they will surrender the possession of the Pavilion to the Municipality and shall leave it in as good a condition as when this agreement commenced. Prior to such termination,there shall be a complete inspection of the premises and inventory taken of all contents which are the property of the Municipality. • 8. General (a) This agreement shall not be assigned or transferred by the Society without the expressed written consent of the Municipality having been first obtained. (b) This agreement shall come into force and effect only upon its authorization by a by-law of the Council of the Municipality of Kincardine and submission of proof of liability insurance. (c) 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. (d) This agreement may be terminated by either party giving one year's written notice of termination to the other. (e) 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 of upon the Society ceasing to exist. 9. Notification (a) Notification is deemed to be given to each of the respective parties if delivered to: Kincardine Agricultural Society 133 Broadway Street Kincardine, ON N2Z 1A9 Attention: Lindsay Dykeman (519)386-7760 The Corporation of the Municipality of Kincardine 1475 5th Concession RR#5 Kincardine, ON N2Z 2X6 Attention: Clerk (519)396-3468 (b)Any change in notification address by one party shall be provided to the other party within 10 calendar days 3inricuItur ?etv de Agal 9 • NIP Presidersy dsa yk n L Treasureve Cook We have the authority to bind the Corporation The Corporation of thicjality of Kincardine v¢,L,T s _ 7L Mayor— ne Eadie C.A.O.—Sharon Chambers We have the authority to bind the Corporation