HomeMy WebLinkAboutKIN 90 022 Agre-Edgar Musselman
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THE CORPORATION OF THE TOWN OF KINCARDINE
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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
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Mayor
day of Ap-dI,J.990.
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Mayor
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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.
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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.
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