HomeMy WebLinkAboutKIN 98 065 Agree-Fish Clb Docks
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THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW
BY-LAW NO. 1998 - 65
A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH THE
LAKE HURON FISHING CLUB TO MANAGE THE ROTARY DOCKS
ADJACENT TO ROTARY PARK
WHEREAS it is in the best interests of The Corporation of the Town of Kincardine to
enter into an Agreement with the Lake Huron Fishing Club to manage, for the Town, the
rotary docks in the Penetangore River adjacent to the Rotary Park;
NOW THEREFORE the Council for The Corporation of the Town of Kincardine
ENACTS as follows:
1. That The Corporation of the Town of Kincardine enter into an agreement with the
Lake Huron Fishing Club to manage, for the Town, the rotary docks in the
Penetangore River adjacent to the Rotary Park;
2.
That the Mayor and Clerk be authorized to sign, on behalf of The Corporation of
the Town of Kincardine the Agreement with the Lake Huron Fishing Club,
attached to this by-law and to affix the Town's corporate seal as and when
required.
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 "Lake Huron Fishing Club Rotary Docks
Agreement By-law".
READ a FIRST and SECOND time this 5th day of November 1998.
READ a THIRD time and FINALLY PASSED this 5th day of November 1998.
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Mayor /
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This AGREEMENT made this Sth day of November, 1998.
· BETWEEN:
THE CORPORATION OF THE TOWN OF KINCARDINE
hereinafter called the "Town"
of the First Part,
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LAKE HURON FISHING CLUB
hereinafter called the "Club"
of the Second Part.
WHEREAS the Town owns the boat docks in the Penetangore River adjacent to
Rotary Park, known as "Rotary Docks·;
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WHEREAS the Lake Huron Fishing Club wishes to renew its agreement with the
Town to manage and operate the rental operation of the Rotary Docks;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration
of the sum of TWO DOLLARS ($2.00), the receipt of which is hereby
acknowledged, the parties to this agreement agree as follows:
1.
The Lake Huron Fishing Club shall operate, on behalf of the Town, the
rental of the Rotary Docks on the Penetangore River.
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2.
The town shall retain ownership of the Rotary Docks.
3.
The Club shall be responsible for the installation, removal, and normal
maintenance of the Rotary Docks for the duration of this agreement.
4.
The Club shall rent the Rotary Docks to members of the public on a first-
come, first-served basis, without prejudice, on a seasonal, weekly, or
daily basis, as is requested and as are available.
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5. The rental fee charged by the Club shall be competitive with such rates
charged for similar facilities in the area, and shall be approved by the
Town prior to implementation.
6. The revenue derived from the dock rentals shall be retained by the Club.
7. The Club shall pay to the Town, by August 31st annually, the sum of two
thousand dollars ($2,000.00) which shall be placed in a reserve fund held
by the Town for major repairs or dock replacement.
8. The Club shall be responsible for the day-to-day maintenance of the
docks and the immediate area surrounding the entrances and exits to and
from the docks.
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9.
Maintenance expenditures in excess of $500.00 for an individual repair
may by funded from the reserve fund at the discretion of the Town. It is
the Club's responsibility to request such funds in advance of carrying out
any work or the purchase of any materials, and the Town's decision as to
approval is final.
10. The Club agrees to carry general commercial liability insurance of not
less than $2,000,000 and the Town shall be named as an additional
insured on the Club's policy.
11. The Town agrees to carry property and additional liability insurance for
the docks as part of its general municipal insurance policy, and the Club
shall be named as an additional insured on the Town's policy.
12. The Club agrees that the Town, through its authorized agents, may enter
and view the state of repair of the docks during all reasonable hours.
13. The Club agrees to reserve twelve (12) dockage spaces for the duration
of the annual Kincardine salmon derbies at no charge. The Club shall
may rent out these spaces to the general public if not required by the
Derby Committee, provided the Derby Committee has given its approval
in writing. The Derby Committee shall do this by May 10th of each year.
14. The Club agrees that no fixtures, goods or chattels of any kind will, except
in the ordinary course of business, be removed from the premises during
the term of this agreement or at any time thereafter without the written
consent of the Town.
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15.
The Club agrees that any new fixtures, improvements or additions to the
facilities carried out by the Club during the term of this Agreement shall
become and remain the property of the Town.
16.
The Town shall not be responsible for any personal injury which shall be
sustained by the Club members or any employee, customer, or other
person who may be upon the premises. All risks of any such injury being
assumed by the Club, who shall hold the Town harmless and indemnified
therefrom.
17. It is agreed by and between the Town and the Club that no sign,
advertisement or notice shall be inscribed, painted or affixed by the said
Club on any part of the premises whatever, unless of such manner,
colour, size and style and in such places upon the premises as shall be
first approved by the Town, and, furthermore, the Club, on the completion
of this or any subsequent agreement will remove such sign,
advertisement or notice at its own expense and in a manner satisfactory
to the Town.
18. The words importing the singular number only shall include the plural and
vice versa, and words importing the masculine gender shall include the
feminine gender, and words importing persons shall include firms and
corporations and vice versa.
19. This agreement is not assignable without the written permission of the
Town.
20. This agreement shall expire on the 30th day of November 2007.
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21. This agreement may be terminated by either party with sixty (60) days
· written notice to the other.
22. The Club shall, by December 15th annually, provide to the Town a report
and financial statement containing the following information:
a) Rental revenue;
b) Club expenses relating to the docks;
c) description of maintenance carried out; and
d) Club profit for the term.
23. The Club shall have the first right of refusal to renegotiate a new
agreement for a further period on terms at a price acceptable to the Town.
24. This Agreement shall enure to the benefit of and be binding on the
respective heirs, executors, administrators, successors and assigns of the
parties hereto.
· IN WITNESS WHEREOF the parties hereto have executed these presents.
SIGNED, SEALED AND DELIVERED
in the presence of
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) THE CORPORATION OF THE TOWN
) OF KINCARDINE
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) LAKE HURON FISHING CLUB
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) President - Les Hallam
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Witness
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Mayor --f3lenji Sutton
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Clerk - Rosaline Graham