HomeMy WebLinkAboutKIN 95 028 Amend-Lk Huron Fish
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THE CORPORA TION OF THE TOWN OF KINCARDINE
BY-LAW
BY-LAW NO. 1995-28
A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH THE
LAKE HURON FISHING CLUB FOR THE RENTAL OPERATIONS OF THE ROTARY
DOCKS.
WHEREAS the Council for The Corporation of the Town of
Kincardine deems it advisable to enter into an agreement with
the Lake Huron Fishing Club for the Club to manage the rental
operations of the Rotary Docks;
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 for the
rental operations of the Rotary docks.
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 which is
attached to this by-law and to affix the Town's Corporate
seal as and when required.
This by-law shall come into full force and effect upon
its final passage.
3.
4.
This by-law may be cited as the "Lake Huron Fishing club
Rotary Dock Agreement By-law".
READ a FIRST and SECOND time this 6th day of April, 1995.
READ a THIRD time and FINALLY PASSED this 27th day of April,
1995.
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Mayor
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Clerk
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This AGREEMENT made this 27th day of April, 1995.
BETWEEN:
THE CORPORATION OF THE TOWN OF KINCARDINE
hereinafter called the "Town"
of the First Part,
-and-
LAKE HURON FISHING CLUB
hereinafter called the "Club"
of the Second Part.
WHEREAS the Town owns and operates the rental of boat docks
in the Penetangore River adjacent to Rotary Park, known as
"Rotary Docks";
Town wishes to transfer the rental
Rotary Docks to the Lake Huron Fishing
WHEREAS the
operation of the
Club;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in considera-
tion of the sum of TWO DOLLARS ($ 2.00), the receipt of
which is hereby acknowledged, the parties to this agreement
agree as follows:
L The Lake Huron Fishing club shall operate, on behalf
of the Town, the rental of the Rotary Docks on the
Penetangore River.
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.
5.
The rental fee charged by the Club shall be
competetive 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 31, 1995,
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
maintenance of
surrounding the
docks.
be responsible for the day-to-day
the docks and the immediate area
entrances and exits to and from the
9.
Maintenance expenditures in excess of $500.00 for an
individual repair may be 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.
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11. The Town ~grees to carry property and additional
liability ~nsurance 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 1995 Fish Kincardine Salmon
Derby at no charge. The Club _ 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 10, 1995.
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.
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
written permission of the Town.
without
the
20. This agreement shall expire on the 30th day of
November, 1995.
21. The club shall, by December 15, 1995, 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.
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22. The Club shall have the first right of refusal to
renegotiate a new agreement for a further period on
terms and at a price acceptable to the Town.
23. 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
)
) THE CORPORATION OF THE TOWN
) OF KINCARDINE
)
)
)
)
)
)
)
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) LAKE HURON FISHING CLUB
)k£
) $D~
) Pr sident
)
)
)
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)
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Clerk - Maureen A';·" CoULUre~"""
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Witness
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