HomeMy WebLinkAbout22 120 Kincardine Yacht Club Agreement Amendment (3) By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2022 - 120
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AMENDING
AGREEMENT BETWEEN THE KINCARDINE YACHT CLUB AND THE
CORPORATION OF THE MUNICIPALITY OF KINCARDINE
WHEREAS pursuant to the said Municipal Act, 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 of Kincardine with the passage of By-law No.
2010-033, amended by By-laws No. 2012-177 and By-law No. 2020-046, entered
into an agreement with the Kincardine Yacht Club for the management and
operation of the Kincardine Harbour;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
deems it appropriate to execute an Amending Agreement to amend the above
noted Agreement to permit Pay per Use Marina Launch Ramp Fees;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the Mayor and Clerk be authorized and directed to execute an
Amending Agreement between The Corporation of the Municipality of
Kincardine and The Kincardine Yacht Club.
2. That the said Agreement forms part of this By-Law 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 “Kincardine Yacht Club Agreement
Amendment (3) By-law”
READ a FIRST and SECOND TIME this 4th day of July, 2022.
READ a THIRD TIME and FINALLY PASSED this 4th day of July, 2022.
Mayor Clerk
THIS AGREEMENT made as of the 4th day of MY , 2022,
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
(hereinafter called the "Municipality")
AND
THE KINCARDINE YACHT CLUB
(hereinafter called the "K.Y.C.")
WHEREAS the Municipality of Kincardine with the passage of By-law No. 2010-033
entered into an agreement with the Kincardine Yacht Club for the management and
operation of the Kincardine Harbour;
AND WHEREAS the Municipality of Kincardine Council deems it necessary to
implement a pay-per-use program for use of the launch ramp at the Kincardine Marina;
AND WHEREAS The Corporation of the Municipality of Kincardine deems it advisable
to amend said agreement with the Kincardine Yacht Club;
NOW THEREFORE THIS AGREEMENT WITNESSES THAT:
1. That Schedule "A" of By-law No. 2010-033 be hereby amended as follows:
a. Schedule A, Section 1 of the following Section be added:
SCHEDULE "G` Role of Marina in Pay Per Use of Launch Ramp
2. That Schedule "B" be amended with the deletion of item 8, being "Ramp service
shall be provided free to all members of the public."
3. That the attached Schedule "G", Roll of Marina in Pay Per Use of Launch Ramp,
be added to By-law No. 2010-033.
IN WITNESS WHEREOF the parties hereto have executed this Agreement forming part
of By-law No. 2022-120
KINCARDINE YACHT CLUB
Rolf Jedemann IIIIIIIIIIIIIIIIII "'°°°'.........
Signed with Consign0 Cloud(2022/06/17) IIIIII IV II IIIII IIm III
Verify with verifio.com or Adobe Reader.
Rolf Jedemann, K.Y.C. Executive Officer
Peter Chant III " 'lllu
Signed w Consign0 Cloud(2022/06/20) I' II II III011111
Verify withith verifio.com or Adobe Reader. IIIII IIIII
Peter Chant, K.Y.C. Secretary/Treasurer
We have the authority to bind the Corporation.
THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
Ger1'ry, Glover IIIIIIIII IIIII°�I�°0�1°il�''''lll°"IIIIIIIII
Signed with ConsignO Cloud(2022/07/05)IIIIII
Verify with verifio.com or Adobe Reader.
Gerry Glover, Mayor
Roxana Baumann L°''�I'I'III'I'''I'�10°Illlllu°°
Signed with Consign0 Cloud(2022/07/05)IIIIII
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Roxana Baumann, Acting Chief Administrative Officer
We have the authority to bind the Corporation.
SCHEDULE „G-
Role of Marina in Pay Per Use of Launch Ramp
1. The Kincardine Yacht Club will be responsible for administering and collection of
the charges as set out in Schedule "E" of By-law No. 2010-033.
2. The fees as set out in Schedule "E" of By-law No. 2010-033 will be subject to the
profit-sharing schedule as set out in Schedule "C" of said by-law.
3. Pay per use fees are to be waived for all fishing derbies that occur at Station
Beach.