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HomeMy WebLinkAbout08 204 Kincardine Yacht Club Agreement Amendment 2008 By-Law e e e e THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2008 - 204 A BYLAW TO AMEND AN AGREEMENT WITH THE KINCARDINE YACHT CLUB WHEREAS the Corporation of the Municipality of Kincardine did by By-Law No. 2000 - 56, as amended by By-law No. 2000 - 164, By-law No. 2001 - 16 and By- law No. 2005 - 105, enter into an agreement with the Kincardine Yacht Club; AND WHEREAS as the Council of The Corporation of the Municipality of Kincardine wishes to further amend the Agreement with the Kincardine Yacht Club to reduce the number of transient slips from 20 to 14; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows 1. That Agreement with the Kincardine Yacht Club for the Management of the Kincardine Marina dated May 10, 2000 and approved by By-law No. 2000 - 56, as amended by By-law No. 2000 - 164, By-law No. 2001 -16, and By-law No. 2005 - 105, be further amended as follows: Schedule "E" Clause 3 (a) to read: 3. Transient Rates (a) A rate of $.95 per foot per night (minimum 20 feet), seventh day is free. (Note: 7 transient slips will be allocated in the new harbour section and 7 transient slips will also be allocated in the old harbour section. (GST not included in this rate). That the Mayor and Chief Administrative Officer be authorized and directed to execute, on behalf of The Corporation of the Municipality of Kincardine, the amended agreement attached hereto as Schedule "A" and forming part of the By-law. 2. 3. This by-law shall come into full force and effect upon its final passage. 4. This by-law may be cited as the "KYC Agreement Amendment 2008 By- Law", OND TIME this 1 yth day of December, 2008 8~ '1'}.oLS);:-r Clerk ~~LL Y PASSED this 1 yth day of De:ember, 2008 C--..- _ ~ 'V~oi& Clerk Schedule 'A' to By-law No. 2008-204 This AGREEMENT made the 10th day of May. 2000. (Pursuant to By-law No. 2000-56 and as amended by By-law No. 2000-164, By-law No. 2001-16, By-law No. 2005-105 and By-law No. 2008 - 204) BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE hereinafter called the "Municipality" of the First Part -and- KINCARDINE YACHT CLUB hereinafter called the "K.Y.C" or "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 a new agreement in the event of harbour expansion; AND WHEREAS this is intended to be an agreement for a period of ten years (April 1 , 2000 to March 3, 2010); NOW THEREFORE THIS 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 schedules are attached and form part of this agreement: Schedule "A": Description of the land owned by the Municipality (herein called the "Harbour"). Facilities shall be the lands in this schedule. Schedule "B": April 3/2000 Proposal Notes. Schedule "C": Profit sharing repayment schedule. Schedule "D": Reunion station hours of operation & maintenance schedule. Schedule "E": Rates. 2.0 EXISTING LEASE 2. 1 The Club agrees to abandon its existing agreement (April 21 ,1994) of the lands covered in Schedule "A" with the Municipality in favor of this new agreement (April 1/2000 to March 31/2010). 3.0 HARBOUR MANAGEMENT 3.1 The Municipality will appoint the club as managers for the Facilities. 4.0 REVENUE SCHEDULE 4.1 The marina physical assets shall be transferred to the Municipality upon signing of this agreement. In exchange the K.Y.C. shall hold a note from the Municipality in the amount of $135,000 and this note will be reduced in accordance with Schedule "c" of this agreement. (The year 2000 dredging Kincardine Yacht Club share of $12,000 part 2 of the project will be deducted after Schedule "c" being activated). 4.2 The municipal Treasurer shall be the key contact (for the Marina manager) with respect to any financial matters contained in this agreement. The financial operations of the marina shall be operated through the Municipality and be subject to municipal audit. 4.3 The Kincardine marina operations shall be established as a committee of Council under the auspice of the Harbour liaison committee. 4.4 The Club shall present a yearly business & financial plan to be reviewed by the liaison committee subject to approval by Council. 4.5 The municipal Treasurer and Club shall meet and develop a financial protocol that will be followed in order to be in compliance with municipal policy. 5.0 MARINA RATES (See Schedule "E") 6.0 GENERAL 6.1 Charter boats will pay the same as the seasonal rate or transient rate. 6.2 The provisions of the K.Y.C. promissory notes (original capital to finance the original marina) shall be honored until the =/-$135,000 debt has been deemed to be paid as outlined in Schedule "B", Page 4, Subsection" A". 6.3 Members of the Public that join the K.Y.C. and use dock facilities may on approval by the manager exercise a work detail option, which would be reimbursed at the approved labour rate (to be credited to dock rental). 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. 6.5 The Kincardine Yacht Club will be responsible for maintaining a public marina and ensuring a well-maintained operation. 6.6 The Kincardine Yacht Club in cooperation with the Municipality shall offer free dockage to both the Bluewater Rescue Boat and the Navy Cadets (North wall area only). 6.7 The Kincardine Yacht shall continue the cleaning and maintenance of the Reunion Station Building (see attached hours and duties Schedule "0"). 6.8 The Municipality will endeavour to continue the same uses of the lighthouse once it is transferred to the Municipality. 6.9 A prominent location for a Satellite Tourism Station will be located in the Reunion Station Office. 6.10 The Municipality will furnish the Reunion Station Office in a train station motif, pending availability of furnishing at an appropriate cost. 6.11 Debenture notes are capped at the 1999 level and new notes will not be sold. 7.0 TERMS OF AGREEMENT 7.1 This interim agreement shall start April 1 ,2000 (or upon signing) and will terminate March 31, 2010. 7.2 This agreement may be terminated by either party, with a sixty 60 day notice period being utilized. 7.3 In the event of termination by either party then related clauses of Schedule "B" shall be enacted. SIGNED SEALED AND DELIVERED in the presence of THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE (; llih~cvlt R.~"~2l)Q.n Witness ,-~.... - ----- Mayor ~- \...- o - John deRosenroll KINCARDINE YACHT CLUB ~~ Co~mo ore ~.l.J-f! Treasurer ?}- Kincardine Yacht 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 T1792. 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 TI792 Waterlot DT 52, pt of Harbour Reserve in town of Kincardine Part 1, Plan 3R-302 Waterlot DT 53, pt of Harbour Reserve in Town of Kincardine Part 1, Plan 3R- 303 (Legal Description to be verified) April 6, 2000 SCHEDULE B PROPOSAL NOTES Kincardine Harbour Management Revision #6 Vision: The harbour facilities will be operated in a manner which encourages boating in the Kincardine area, promoting the enjoyment and sportsmanship of recreational boating, while showing regard for the harbour's role as an important tourism attraction for the non-boating public. Principles of Operation: 1. Integrated harbour operations for all boaters (sail and power). 2. Welcome public access to areas surrounding waterfront facilities, which respects the privacy of transient and seasonal slipholders and supports the safe and efficient operation of harbour facilities. 3. Public accounting for the marina operations. 4. Continued upgrading of facilities in keeping with good business decisions. 5. Management by a clearly defined, single source with experience in harbour operations. 6. Interface between manager and Municipality through a liaison committee with each appointing two (2) members. 7. Financial benefit to owners and managers after the operating costs. 8. Long-term arrangement with managers to facilitate planning. Methodology: 1. All rates will be proposed by the manager, considering with good business practices and adjacent harbours, for annual review and approval by the Municipality. The rates will be published annually. 2. K.Y.C. shall submit a business plan and budget to the liaison group for the Municipality's review and approval. The business plan and budget shall cover all items of operations, improvement and maintenance. 3. The municipal treasurer shall meet with the K.Y.C. and develop a financial protocol that shall meet the requirements of the municipality and the K.Y.C. In addition, the marine operations shall be considered as a committee of Council. The K.Y.C. management group shall report to council through the harbour liaison committee. 4 Costs of items not specifically outlined in the business and financial plan shall be paid from revenues of operation (upon mutual agreement by K.Y.C. and the Municipality). 5. Members of the public that join K.Y.C. and use the dock facilities may, on approval by the manager, exercise a work detail for reimbursement on dockage at the approved labour rate. 6. The launch ramp to the harbour basin shall not be obstructed in any manner that prevents the launch of a boat. Ramp services shall be provided free to all members of the public. 7. Harbour facilities include: . Harbour basin and north dock; . Lands surrounding the basin associated with harbour operations; . Areas for winter storage owned or leased by the Municipality; . Reunion Station building. 8. The Municipality shall furnish the Reunion Station in a train station motif and provide a satellite tourism station in the office. K.Y.C. shall clean the building (See Schedule "0" for hours and duties). 9. A portion of the docks shall be reserved for transient boats and shall not be leased for the season. A total of 20 slips shall be reserved with 10 being with floating finger docks. 10. All harbour infrastructures will be owned by the Municipality with marina assets transferring to the Municipality upon signing of the new contract. 11. K.Y.C. shall reserve, on behalf of the Municipality, one (1) slip on the north dock if space is available for each of the Rescue Auxiliary and the Navy Cadets. 12. K.Y.C shall be solely responsible for the hiring, assigning and release of all individuals performing work on the harbour facilities. 13. K.Y.C shall be solely responsible for the acquisition of goods, choice of suppliers and collection for all fees associated with the Marina operations. 14. All profit for harbour operations above operating costs shall be shared between the Municipality and K.Y.C. The Municipality shall direct their share of the profit to harbour contingency, harbour improvement and repayment of new docks. The K.Y.C may direct revenues to contingency planning or any other efforts, including Harbour improvements. (see Schedule "I" for revenue details). 15 Dredging operations planned for the Year 2000 shall be: Contract #1 $60,000 total ($35,000 Municipality and $25,000 K.Y.C. (K.Y.C. payment by cheque outside of agreement); Contract #2 $24,000 total ($12,000 Municipality and $12,000 K.Y.C. (both amounts are to be paid inside the new contract). 16. Terms of Proposed Agreement (i) Ten Year Contract (April 1, 2000 to March 31, 2010); (ii) Municipal ownership on all harbour facilities shall be 100% upon signing of the new agreement. The Municipality shall give the K.Y.C. a forgivable note for +/- $135,000 as payment in full, for the K.Y.C. marina assets that are to be transferred to the municipality upon signing. This note shall be interest free and be forgiven in amounts equal to the K.Y.C. share of the net profit. (iii) Invoices to be paid by the Municipality; (iv) The K.Y.C. Management Agreement to be deemed a Committee of Council. 17 All future capital costs at the marina shall be subject to recommendation by the Harbour Liaison Committee. SCHEDULE "I" to SCHEDULE B REVENUE SHARING SCHEDULE A) TEN YEAR TERM . 60% of the net profit after expenditures to the K.Y.C. . 40% of the net profit after expenditures to the Municipality. . K.Y.C. profit shall be tracked to verify when its total profit reaches +/- $135,000 & the note is forgiven in total then Part B shall be activated. B) Once the K.Y.C. reaches +/- $135,000 in total profit, then the cost- sharing shall revert to: . 50% of the net profit after expenditures to the K.Y.C. . 50% of the net profit after expenditures to the Municipality. C) In the event of termination by the K.Y.C. they may choose to either: (i) negotiate with the Municipality to financially recover the balance of the unpaid +/- $135,000 K.Y.C. debt. (ii) failing on Item #i, both parties shall agree to appoint a single, third party who shall negotiate a binding settlement. 0) In the event of termination by the Municipality, the balance of the K.Y.C. $135,000 shall be paid within a 90 day period. E) K.Y.C. promissory notes: commitments to outstanding K.Y.C. Note Holders shall be honored. Schedule C To Kincardine Yacht Club Agreement (amended July 7,2005) As per Schedule "C", "Profit Sharing and Repayment Schedule" of an Agreement between the Municipality of Kincardine and the Kincardine Yacht Club, dated May 10, 2000 and authorized by the adoption of By-law No. 2000 - 56, profit sharing between the Municipality of Kincardine and the Kincardine Yacht Club on the net profits earned by the Kincardine Marina will be split in the following manner, for the remainder of the agreement (2005 through to March 31, 2010) and based on an estimated $35,000 net profit per year. i) 50% ($17,500) to Kincardine Yacht Club. ii) 50% ($17,500) to the Municipality of Kincardine. The municipality's share will be used to pay down an existing loan required to finance floating docks. Once the floating dock loan repayment is complete, the Municipality's 50% share will be placed into the Harbour Reserve Fund. The intention of the Harbour Reserve Fund is to maintain/replace all infrastructure in the harbour basin, lighthouse property and facilities within 200 feet of the harbour (i.e. washrooms, docks, lighting, dredging, etc). Priority will be given to direct marina requirements. In the event that the net profit earned by the Kincardine Marina, prior to full repayment of the loan is greater than $35,000 in any given year, any net amount over $35,000 will be distributed in the following manner: iii) 50% to the Kincardine Yacht Club. iv) 50% to the Municipality of Kincardine for placement in the Harbour Reserve Fund. SCHEDULE 'D' REUNION STATION MAINTENANCE COMMON ROOM 1. Daily cleaning of floor. 2. Daily update of brochures etc. 3. Daily minor repairs. Major repairs to be reported to Director of Recreation. 4. Weekly cleaning of windows, doors, walls etc. 5. K.Y.C. to be in charge of all bookings for Common Room. HOURS OF OPERATION 1. June 1 - Labour Day - Open 8 a.m. - 9 p.m. 2. Will be open during the Spring and Fall while KY.C. staff on duty and also at any other times due to special requests. WASHROOMS 1. Daily cleaning of washrooms including toilets, urinals, sinks, mirrors, counter tops and removal of garbage. 2. Daily cleaning of floors and showers. 3. Daily filling of soap dispensers and toilet paper dispensers. 4. Daily minor repairs. Major repairs to be reported to Director of Recreation. HOURS OF OPERATION MONDAY - SUNDAY 8 A.M. -11 P.M. MAY - OCTOBER GENERAL KY.C. is responsible for the above only during periods when staff are on duty for Marina operations. Activities outside these periods shall be the responsibility of the Municipality. Kincardine Yacht Club Agreement SCHEDULE "E" RATES 1. Rates are effective for the year 2001 and shall be subject to review and approval by Council on a yearly basis. 2. Seasonal Rates - Slip Size (a) Floating Docks Base Rate Noteholder Net Noteholder Discount Rate up to and including 22' $ 647.00 $ 97.05 $549.95 up to and including 32' 803.00 120.45 682.55 up to and including 35' 970.00 145.50 824.50 over 35' 1,150.00 172.50 977.50 (b) Fixed Docks (25% discount on rates for floating docks) Base Rate Noteholder Discount Net Noteholder Rate 30' 40' $ 602.00 $ 90.30 863.00 129.45 $511.70 733.55 (c) North Wall (30% discount on rates for floating docks) Base Rate Noteholder Discount Net Noteholder Rate up to and including 22' up to and including 32' up to and including 35' over 35' $452.90 562.10 679.00 805.00 $ 67.95 84.30 101.85 120.75 $384.95 477.80 577.15 684.25 3. Transient Rates (a) A rate of $.95 per foot per night (minimum 20 feet), seventh day is free. (Note 7 transient slips will be allocated in the new harbour section and 7 transient slips will also be allocated in the old harbour section. (GST not included in this rate). (b) A rate of $4.00 per night for a 30/50 amp pub service. 4. Fish Derby Dock Rental Rate Dock rental shall be $20.00 plus GST per day or $180.00 plus GST less 10% for a net rate of $162.00 plus GST for the ten day period. 5. Launch Ramp The ramp shall be free to all members of the public. Kincardine Yacht Club Agreement SCHEDULE "En 6. Winter Storage (a) Location of boats to be confirmed by the Municipality prior to the first weekend in October. It is the intent of the Municipality to not store boats in front of the condominiums, thus respecting the public nature of the marina basin area. Alternative boat storage areas will be provided along the south side of the new harbour basin. (b) $200 per season. 7. Pump Outs A rate of $10.00 plus GST per pump out. 8. GST All rates include GST (with the exception of items 3, 4 and 7 of this Agreement). 9. All rates are subject to the terms of the federal government divestiture agreement with the Municipality. Please note that the original fishing tugs that were located along the north wall are subject to rates as outlined in the federal agreement. 11. All fees must be paid in advance of service or use of the facility. Dockage fees must be paid on or before March 31 of the current year in order to be assigned a slip.