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HomeMy WebLinkAbout00 097 Bluewater Rescue Inc. ~- I - e e mE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2000 - 97 A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH BLUEWATER RESCUE INC. WHEREAS the Council for The Municipality of Kincardine deems it advisable to enter into an Agreement with Bluewater Rescue Inc. for the operation of the Rescue Vehicle Mysis; NOW THEREFORE the Council for The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the Agreement with Bluewater Rescue Inc. attached hereto as Schedule "A" be and the same is hereby approved. 2. That the Mayor and Clerk be authorized to sign, on behalf of The Corporation of the Municipality of Kincardine, the Agreement with Bluewater Rescue Inc., a copy of which Agreement is attached as Schedule "A" to this By-law and to affix the corporate seal as and when required. 3. This By-law shall come into full force and effect upon its final passage. 4. This By-law may be cited as the "Bluewater Rescue Inc. Agreement By-law". READ a FIRST and SECOND TIME this 12th day of July, 2000. READ a THIRD time and [)EEMED TO BE PASSED this 9th day of August, 2000. ~¿..--~ 2 .r--- Mayor . " ~ . . . , THIS LEASE made the qfl.. day of A'j"s+ A.D. 2000. BET WEE N: BLUEWATER RESCUE INC., Hereinafter referred to as "Bluewater" OF THE FIRST PART - and- THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE, Hereinafter referred to as "Kincardine" OF THE SECOND PART WHEREAS Bluewater represents to Kincardine that it is the registered owner of the Rescue Vessel Mysis (hereinafter "Mysis"), particulars of which are set out in the Vessel Registration Query System attached to this Lease as Schedule "A"; AND WHEREAS Bluewater has agreed to lease to Kincardine Mysis on the terms and conditions hereinafter set forth. NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the sum of Two ($2.00) Dollars of lawful money of Canada now paid by Bluewater to Kincardine and in consideration of the sum of Two ($2.00) Dollars of lawful money of Canada now paid by Kincardine to Bluewater and in consideration of the covenants hereinafter set forth, the parties hereto agree as follows: 1. Bluewater hereby agrees to lease to Kincardine the Mysis for a One (1) year trial basis, said one year calculated from the date of the execution of this Lease. 2. Kincardine hereby agrees to pay to Bluewater a payment of One ($1.00) Dollar per annum in consideration of the execution of this Lease, said payment to be made on the date of the execution of this Lease and thereafter on each anniversary date during the term of this Lease. . . . - 2 . 3. Notwithstanding anything else contained to the contrary herein, the parties hereby agree that each party has the right to terminate this Lease upon giving Sixty (60) days' prior written notice to the other party. 4. (a) Bluewater hereby agrees, at its expense, to maintain the eXisting Insurance coverage for Mysis with the Canadian Coastguard Auxiliary during the entire term of this Lease. (b) Bluewater further agrees to provide evidence of the existing Insurance coverage to Kincardine on an on-going basis. (c) Bluewater agrees that the existing Insurance coverage shall be amended to acknowledge Kincardine's interest in Mysis by virtue of this Lease Agreement. (d) Bluewater agrees to deliver a copy of this Lease Agreement to the Canadian Coastguard Auxiliary and Kincardine agrees to deliver a copy of this Lease Agreement to its Insurer, the intent being that the prior approval of this Lease Agreement be obtained from both Canadian Coastguard Auxiliary and Kincardine's Insurer. 5. The parties hereto agree that the Bluewater Rescue Unit Staff will become volunteers (not employees) of Kincardine and the parties further agree that only qualified Bluewater Rescue Unit Staff will be permitted to operate Mysis. 6. The parties hereby agree that the Bluewater Rescue Unit Staff will report to their Commander who will, in turn, report to the Kincardine Fire Chief in connection with all matters pertaining to the operation of Mysis. 7. Kincardine hereby agrees to pay for any application registration costs associated with the operation of Mysis as a rescue vessel for Kincardine. . . . . , ·3· B. (a) The parties agree that, during the first year of this Agreement, Bluewater shall maintain, at its expense, Mysis, and shall be responsible for any repairs in excess of One ($1,000.00) Dollars. (b) One (1) month prior to the expiry of the first year of this Lease, the parties hereto agree to negotiate in good faith a mutually satisfactory maintenance and repair policy, subject to approval of Kincardine's Council. In the event the parties are unable to conclude a mutually satisfactory maintenance and repair policy, the parties agree that the provisions of Section 3 of this Lease shall apply. 9. The parties agree that this Agreement shall terminate in the event Mysis is substantially damaged (as determined by Bluewater) or is lost at sea. 10. Kincardine hereby agrees to return Mysis to Bluewater upon the termination of this Agreement. 11. Bluewater covenants and agrees with Kincardine that it will indemnify and save Kincardine harmless of and from all claims and demands which may be made against Bluewater for all fines, penalties, all liability and all costs, losses, damages and expenses resulting from, caused by or contributed to by the operation and the use of Mysis during the term of this Agreement. 12. Bluewater hereby represents to Kincardine that there are no encumbrances registered against Mysis and agrees to save harmless Kincardine with respect to any claims by any encumbrancers of Mysis. 13. The parties hereby agree that this Agreement is personal to the parties and may not, under any circumstances, be transferred or assigned to any other person, firm or corporation without the prior written consent of both Bluewater and Kincardine. " ~ -4- 14. Any notice required pursuant to this Agreement may be given in writing or by facsimile transmission and may be delivered to the office of Bluewater at: . to the office of Kincardine at: 707 Queen Street Kincardine, Ontario N2Z 1 Z9 Telephone: Fax: 519-396-3468 519-396-8288 15. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario. IN WITNESS WHEREOF Bluewater has hereunto affixed its corporate seal under the hands of its duly authorized officers in that behalf and Kincardine has hereunto affixed its corporate seal under the hands of its Mayor and Clerk. . SIGNED, SEALED AND DELIVERED in the presence of . I I ) ) ) ) I } } } I I ) } } I ) } } I } ) } I .LUEWATER RESCUE INC. k p,,, ~ V #-h 'Ø14tl . Per: INJe have authority to bind the Corporation. THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE per:~_ , Per: ~~ Rosaline Graham, Clerk We have authority to bind the Corporation.