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HomeMy WebLinkAboutKIN 90 022 Agre-Edgar Musselman . . THE CORPORATION OF THE TOWN OF KINCARDINE Çj1v.OfK ~",,,<> ... \. BY-LAW BY-LAW NO. 1990 - 22 A BY-LAW TO ENTER INTO AN AGREEMENT WITH EDGAR MUSSELMAN FOR SERVICES AS THE TOWN OF KINCARDINE'S HARBOUR MASTER WHEREAS the Town of Kincardine deems it expedient to enter into an agreement with Edgar Musselman for services as Harbour Master; NOW THEREFORE the Council of The Corporation of the Town of Kincardine ENACTS as follows: 1. That the mayor and clerk be hereby authorized to execute, on behalf of The Corporation of the Town of Kincardine, the attached agreement with Edgar Musselman concerning his services as the Harbour Master for the Town of Kincardine. 2. That this by-law shall become effective upon the date of its final passage. 3. This By-law shall be known as the "Edgar Musselman as Harbour Master By-Law". READ a FIRST and SECOND time this 5th day of April, 1990. READ a THIRD time and dt¡'UJ t! 01iiflv/J Mayor day of Ap-dI,J.990. /J/t//LtlJ d &&ö¡ Mayor -- ~ . . THIS AGREEMENT made in duplicate this 11 th day of April, 1990. BETWEEN: THE CORPORATION OF THE TOWN OF KINCARDINE (hereinafter called the "Town") OF THE FIRST PART -AND- EDGAR MUSSEL~IAN of the Town of Kincardine in the County of Bruce (hereinafter called "MUSSELMAN") OF THE SECOND PART WHEREAS the Town has assumed the lease for the land covered by the waters of Kincardine Harbour, together with the marine-related facilities located thereon in the Town of Kincardine and more particularly described in Schedule "A" of Lease No. 8809 00 002 with the Small Craft Harbours Branch of the Federal Ministry of Fisheries and Oceans. AND WHEREAS the Town wishes to appoint a harbour master to rent out dockage slips along the piers and to collect fees for same; NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the premises and of the covenants and agreements hereinafter contained and other goods and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1.0 MUSSELMAN is hereby appointed Harbour Master for the Town of Kincardine. 2.0 It shall be the duty of MUSSELMAN to rent out dockage space on the lands to interested boaters as per the fee schedule as established by the Small Craft Harbours Branch and to collect money for same and submit monthly to the Town's treasurer in accordance with any policies established by the treasurer. 3.0 The Town will pay MUSSELMAN the following remuneration on a commission basis as a percentage of fees collected: 90% of first $2,000 of fee collected annually 80% of next $2,000 of fees collected annually 70% of next $2,000 of fees collected annually 60% of next $2,000 of fees collected annually 50% of next $2,000 of fees collected annually 40% of next $2,000 of fees collected annually 30% of balance collected annually 4.0 MUSSELMAN is not responsible for winter storage of boats and, accordingly, will not receive any remuneration for same. 5.0 MUSSELMAN shall in all respects abide by and comply with all rules, regulations and by-laws of the Town, the small craft harbours branch and other governing bodies, in any manner affecting the said premises. . ../2 , . . -2- 6.0 MUSSELMAN shall not interfere with the public use of the said lands during the currency of this agreement; it being expressly understood and agreed, however, that MUSSELMAN may refuse the use of the said lands to any vessel on which tolls or fees are outstanding. 7.0 The term of this Agreement shall be for three years, commencing on the first day of January, 1990 and terminating on the 31st day of December 1992. This agreement may be terminated by either party upon thirty (30) days written notice to the other. IN WITNESS WHEREOF THE PARTIES HEREOF HAVE HEREWITH SET THEIR HANDS AND SEALS THIS DAY OF , 1990. ) ¡ ~~SS~~ ) ) ) ) ) THE CORPORATION OF THE TOWN ) OF KINCARDINE ) ¡ JJ?ALðJ ¡) $JØ7l ) Mayor ) ) rk