HomeMy WebLinkAbout99 034 Agree - K.Y.C.
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TIm CORPORATION OF THE TOWNSHIP OF KINCARDINE-BRUCE-TIVERTON
BY-LAW
NO. 1999 - 34
A BYLAW TO AUTHORIZE THE SIGNING OF AN INTERIM AGREEMENT
WITH
THE KINCARDINE YACHT CLUB (K.Y.C.)
WHEREAS the Council for The Corporation of the Township of Kincardine-Bruce-
Tiverton deems it advisable to enter into an interim Harbour Management agreement with
the Kincardine Yacht Club (K.Y.C.);
NOW THEREFORE the Council for The Corporation of the Township of Kincardine-
Bruce-Tiverton ENACTS as follows:
I. The Corporation of the Township of Kincardine Bruce Tiverton enter into an interim
Harbour Management Agreement with the K.Y.C. for the Municipal marina and that
this agreement be an amended agreement of the April 21, 1994 Harbour
Management Agreement.
2. The. Mayor and Clerk be authorized to sign on behalf of The Corporation of the
Township of Kincardine-Bruce-Tiverton the Agreement with the K.Y.C. attached to
this by-law as Schedule "A" and to affix the corporate seal as and when required.
4. That this By-law shall come into full force and effect upon its final passage.
5. That this By-law may be cited as the "Kincardine Harbour lnterium Agreement, By-
law" .
READ a FIRST, SECOND and THIRD time and FINALLY PASSED this 21 st day of
April, 1999.
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This AGREEMENT made the 21" day of April, 1999.
BETWEEN:
THE CORPORATION OF THE TOWNSIDP
OF KINCARDINE-BRUCE- TIVERTON
hereinafter called the "Municipality" of the First Part.
-and-
KINCARDINE Y AClIT CLUB
hereinafter called the "Club" of the 'Second Part.
WHEREAS the Municipality now owns the Kincardine Harbour as a result of the Federal
Harbour Divestiture Program and as a result of an agreement with the Small Craft
Harbours Branch of the Federal Department of Fisheries and Oceans.
AND WHEREAS the original April 21, 1994 agreement provides for the agreement in
the event of harbour expansion;
. AND WHEREAS this is intended to be an interim agreement amendment for a period of
one year (May I, 1999 to April 30, 2000);
NOW THEREFORE TIllS AGREEMENT WITNESSETH THAT in consideration of
other good and valuable consideration and the sum of TWO DOLLARS ($2.00) of lawful
money of Canada, now paid by each of the two parties hereto, (the receipt whereof is
hereby acknowledged) the parties hereto covenant, promise and agree with each other as
follows:
1.0 LIST OF SCHEDULES ATTACHED
The following schedule is attached and forms part of this agreement:
Schedule "A": Description of the land currently owned by the Municipality
(herein called the "Harbour").
For the purposes of this agreement "Facilities" shall mean the lands included in
Schedule "A".
2.0
'UlSTING LEASE
2.1
The Club agrees to amend its existing agreement (April 21, 1994) of the lands
covered in Schedule "A" with the municipality.
3.0
HARBOUR MANAGEMENT
3.1
The Municipality will appoint the club as managers for the Facilities.
4.0
REVENUE SCHEDULE
4.1
The K.Y.C. will pay the municipality a base rate of $9,400.00 for 1999 operations
(Revenue to Parks budget).
4.2
Once the dock revenue exceeds the 1998 rate of $62,500.00, all revenue from
dock rentals will be shared 25% municipal and 75% K. V.C. (basin area only).
4.3 All of the municipal revenue from section 4.2 will be credited towards the floating
dock repayment fund.
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Page 2 of 4
Township of Kincardine-Bruce- Tiverton/Kincardine Vacht Club Agreement
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'. 4.4 All revenue ftom the North wall (wall dockage and storage fees) of the harbour
will be 100"10 credited to the municipality and be dedicated to a special fund to
finance dock rentals for the Fish Kincardine Salmon Derby (maximum credit of
$2,500 to Fish Kincardine Salmon Derby and balance to the Parks budget).
4.5 Launching ramp fees during the Fish Kincardine Salmon Derby will be waived in
order to remain competitive with other fishing derbies.
5.0 K.B. T. MARINA 1999 RATES
5.1 Seasonal Rates - Slip size
I) Floating Docks
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up to 22'
up to 32'
up to 35'
over 35'
$560.00
$695.00
$840.00
$995.00
5.2 Transient Rate
A rate of$ .80 per foot per night (minimum 20 feet), seventh day is free.
*Note: 10 transient slips will be allocated in the new harbour section and 10
transient slips will also be allocated in the old harbour section. (GST not included
in this rate.)
5.3 Fixed Docks
A 15% discount will apply to the fixed docks.
5.4 North Wall
A 30% discount will apply to the North wall.
5.5
Fish Derby Dock Rental Rate
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The K. V.C. agrees to set the following dock rental rates for the duration of the
Fish Kincardine Salmon Derby:
Dock rental = $15.00 per day Qf
$120.00 p!=f 10 day period.
5.6
Launch Ramp Fees
$6.00 per day or $60.00 per season (GST not included in this rate)
5.7 Winter Storage
$185.00 per season
5.8 GST Note
Rates include GST (excluding items 5.2 and 5.6 of this agreement)
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5.9 All rates are subject to the terms ofthe federal government divestiture agreement
with the municipality.
6.0 GENERAL
6.1 Charter boats will pay the same as the seasonal rate or transient rate.
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Page 3 of 4
Township of Kincardine-Bruce- Tiverton/Kincardine Yacht Club Agreement
6.2 The provisions of the KV.C. promissory notes (original capital to finance the
original marina) shall be honoured..
6.3 Members of the Public who join the KV.C. Co-Operative may exercise a 10 hour
work detail option which would be reimbursed at the approved labour rate.
6.4 The public launch ramp in the harbour basin shall not be chained or obstructed in
any fashion that prevents boaters from launching their craft.
7.0 TERMS OF AGREEMENT
7.1 This interim agreement shall start May I, 1999 (or upon signing) and will
terminate April 30, 2000.
This agreement may be terminated by either party, with a sixty (60) day notice
period being utilized.
7.2
. 7.3
8.0
8.1
8.2
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The books of the Marina operation. are subject to audit, if required, by the
municipality.
AGREEMENT INTENT
This interim agreement is meant to allow changes to the original April 21, 1994
agreement.
All items in the original April 21, 1994 agreement that are not changed by this
interim agreement shall stay in effect until the natural termination date of the
agreement.
IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal attested
by the hands of its mayor and clerk this 21" day of April, 1999. The Club has hereunto
set its hand and seal this 21 st day of April, 1999.
SIGNED, SEALED AND DELIVERED )
in the presence of )
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THE CORPORATION OF THE
TOWNSIDP OF KINCARDINE-
BRUCE- TIVERTON
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Clerk - Rosaline Graham ::, '.,. -----.
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Secretary - Dave Shaw .
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Page 4 of 4
Township of Kincardine- Bruce- Tiverton/Kincardine Vacht Club Agreement
SCHEDULE "A"
Waterlot and lying adjacent to the Town of Kincardine, as shown on Plan dated
1851.05.05 (between Lambton Street and Huron Terrace) and also as outlined in green on
Plan Tl792.
Parcel or tract of land lying along Huron Terrace, Lot 'E', in the Town of Kincardine on
Plan L-807-5
Part of Town Lot 6 in front of Lots 10 "A" and "B" on Plan Tl792
Waterlot DT 52, pt of Harbour Reserve in town of Kincardine Part I, Plan 3R-302
Waterlot DT 53, pt of Harbour Reserve in Town of Kincardine Part 1, Plan 3R-303
(Legal Description to be verified)
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