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Home My WebLink About21 077 Tiverton Walk of Memories (Tiverton Lions Club) THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KB7 ��CIPA[1Tv OF KINGP��C� BY-LAW NO. 2021 - 077 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A MAINTENANCE AGREEMENT FOR THE WALK OF MEMORIES WITH TIVERTON LIONS CLUB 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 a maintenance agreement with Tiverton Lions Club for the maintenance of the Tiverton Walk of Memories; 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 a maintenance agreement with the Tiverton Lions Club, for the maintenance of the park commonly referred to as the Walk of Memories. 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 Maintenance Agreement with Tiverton Lions Club, 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 "Tiverton Walk of Memories (Tiverton Lions Club) Agreement By-law". READ a FIRST and SECOND TIME this 261h day of April 2021. READ a THIRD TIME and FINALLY PASSED this 26th day of April, 2021 . GkAok_ Jennifer Lawrie Signed by Gerry Glover(2021/05/06) Signed with ConsignO Cloud Verify with vero.com or Adobe Reader. (2021/05/06) Verify with verifio.com or Adobe Reader. Mayor Clerk Agreement made this __1st__ day of ____May___, 2021 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE -AND TIVERTON & DISTRICT LIONS CLUB (Herei WHEREAS the Municipality is the owner of the premises commonly referred to as the Tiverton Park AND WHEREAS the Tiverton & District Lions Club created the Tiverton Walk of Memories for the pleasure and enjoyment of the residents of the Municipality of Kincardine with capital and operating contributions from the Municipality of Kincardine; AND WHEREAS the Lions Club is a community group interested in managing the Park for the benefit of the Public; and where this agreement outlines the roles and responsibilities of each party; AND WHEREAS it has been deemed desirous by the council of The Corporation of the Municipality of Kincardine to allow the Lions Club to operate and maintain the Park 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: Њ͵ĻƩƒƭ (a)This agreement shall be for a five year term and shall commence May, 2021 and shall continue until April 2026. (b) The parties shall review the terms of this agreement at least once during the term of this agreement and the Lions Club may renew this agreement for a further five years subject to Ћ͵ĻƩƒƭ ƚŅ hƦĻƩğƷźƚƓ (a)It is acknowledged by the Lions Club that the Park will be used by the public and must be maintained at all times in a safe condition for those using it. (b)The Lions Club shall manage the Park and shall appoint a representative as a designated liaison, to meet with the Director of Parks and Recreation regarding the term(s) of this agreement. At no time may the agreement or any rights hereunder be assigned to any other person by the Lions Club. Ќ͵{ĻƩǝźĭĻƭ (a)The Municipality shall be responsible for lawn care including trimming and grass cutting as per municipal standards. (b)The Municipality shall be responsible for costs relating to pruning, shaping of trees and other tree inquiries. (c) The Municipality shall be responsible for the provision of water for gardens and waterfall as well as required maintenance to the waterline, hydrants, and sidewalk. (d)The Municipality shall be responsible for lighting maintenance and electrical charges in the Park. (e) The Municipality shall be responsible for property insurance and liability insurance related to its activities under this agreement. (f)The Lions Club shall be responsible for the ordering, planting, and fertilizing of trees as required, that are purchased through the Lions Club memorial program. (g) The Lions Club shall be responsible for weeding/maintaining the Park flower beds. (h) The Lions Club shall fund maintenance of Park features including the waterfall, gazebo, Lions Arch, dedication plaques, etc.). Ѝ͵LƓƭǒƩğƓĭĻ ε LƓķĻƒƓźƷǤ The Lions Club 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 your 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 Club f)A thirty (30) day written notice of cancellation ii)The Lions Club shall provide the Municipality with a valid Certificate of Insurance as evidence of the above coverages. The Lions Club shall also provide the Municipality with any renewal replacement certificates during the remainder of the tenancy. The Lions Club 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 misconduct. Ў͵wĻƦğźƩƭ ğƓķ LƒƦƩƚǝĻƒĻƓƷƭ a)Plans for all capital improvements and proposed major repairs shall be submitted for approval to the Municipality by the Lions Club 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. b)All approved capital projects and improvements shall be discussed on a case by case basis in terms of partnership opportunities between the Municipality and the Lions Club. c)All capital improvements to the Park shall accrue to the benefit of the Municipality and shall remain with the Municipality upon the termination of this agreement. d)The Lions Club agrees that upon termination of this agreement that they will surrender the possession of the Park to the Municipality and shall leave it in as good a condition as when this agreement commenced. e)The municipal staff liaison for the Lions Club will be the Director of Parks and Recreation. Џ͵DĻƓĻƩğƌ (a)This agreement shall be binding on the Municipality, and any successor municipal corporation, which may succeed or replace the Municipality. (b)This agreement shall not be assigned or transferred by the Lions Club without the expressed written consent of the Municipality having first been obtained. (c)This agreement shall be in force and effect only upon its authorization by a by-law of the council of the Municipality of Kincardine. (d)Any changes or other amendments to this agreement may only be made by further agreements in writing and duly authorized by the parties. (e)This agreement may be terminated by either party by either party giving one years written notice of termination to the other. (f)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 Lions Club ceasing to exist. А͵ bƚƷźŅźĭğƷźƚƓ a) Notification is deemed to be given to each of the respective parties if delivered to: Tiverton & District Lions Club P.O. Box90 Tiverton, ON N0G 2T0 Attention: Brent Crawford (519)368-5361 The Corporation of the Municipality of Kincardine th 1475 5 Concession RR # 5 Kincardine, ON N2Z 2X6 (519)396-3468 b) Any change in notification address by one party shall be provided to the other party within 10 calendar days of the change. Tiverton & District Lions Club Xbse!Dpy Tjhofe!xjui!DpotjhoP!Dmpve!)313201503:* Wfsjgz!xjui!DpotjhoP!ps!Bepcf!Sfbefs/ ______________________________________________ President Ward Cox Sptfnbsz!Hspwfs Tjhofe!xjui!DpotjhoP!Dmpve!)313201503:* Wfsjgz!xjui!DpotjhoP!ps!Bepcf!Sfbefs/ _______________________________________________ Secretary Rosemary Grover We have the authority to bind the Corporation The Corporation of the Municipality of Kincardine Hfssz!Hmpwfs Tjhofe!xjui!DpotjhoP!Dmpve!)3132015041* __________________________________________________ Wfsjgz!xjui!DpotjhoP!ps!Bepcf!Sfbefs/ Mayor Gerry Glover Tibspo!Dibncfst Tjhofe!xjui!DpotjhoP!Dmpve!)3132015041* Wfsjgz!xjui!DpotjhoP!ps!Bepcf!Sfbefs/ __________________________________________________ CAO Sharon Chambers We have the authority to bind the Corporation