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HomeMy WebLinkAbout09 076 Lake Huron Fishing Club Agreement (Rotary Docks) By-Law e e e e THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2009 - 076 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH THE LAKE HURON FISHING CLUB FOR THE MANAGEMENT AND RENTAL OPERATION OF THE ROTARY DOCKS WHEREAS Section 8 (1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues; AND WHEREAS pursuant to the said Municipal Act, Section 9 provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS Section 110 of the said Municipal Act, authorizes municipalities to enter into agreements for the provision of municipal capital facilities by any person; AND WHEREAS the Municipality of Kincardine is the owner of the boat docks in the Penetangore River adjacent to Rotary Park and known as the 'Rotary Docks'; AND WHEREAS The Corporation of the Municipality of Kincardine deems it advisable to enter into an agreement with the Lake Huron Fishing Club for the management and rental operation of the 'Rotary Docks'; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That The Corporation of the Municipality of Kincardine enter into an agreement with the Lake Huron Fishing Club for the management and rental operation of the 'Rotary Docks', in accordance with terms and conditions outlined in the agreement attached hereto as Schedule 'A' and forming part of this by-law. 2. That the Mayor and CAO be authorized and directed to execute, on behalf of The Corporation of the Municipality of Kincardine, the agreement with the Lake Huron Fishing Club, attached hereto as Schedule "A" and to affix the corporate seal of the Municipality of Kincardine. 3. That this by-law shall come into full force and effect upon its final passage. .../2 e e e e Page 2 Lake Huron Fishing Club Agreement (Rotary Docks) By-law" By-law No. 2009 - 076 4. That this by-law may be cited as the "Lake Huron Fishing Club Agreement (Rotary Docks) By-law". READ a FIRST and SECOND time this 3rd day of June, 2009. cRo-J;, C;L_ ay6r ~~ Clerk READ a THIRD time and FINALLY PASSED this 3rd day of June, 2009. C~ ~~ '1'--~OO Clerk Schedule' A' to By-law No. 2009 - 076 This AGREEMENT made this ~ day of June, 2009. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Hereinafter called the "Municipality" of the first part and- LAKE HURON FISHING CLUB Hereinafter called the "Club" of the second part. WHEREAS the Municipality owns the boat docks in the Penetangore River adjacent to Rotary Park, know as "Rotary Docks"; WHEREAS the Lake Huron Fishing Club wishes to renew its agreement with the Municipality to manage and operate the rental operation of the Rotary Docks; NOW THEREFORE TIDS 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 Municipality, the rental of the Rotary Docks on the Penetangore River. 2. The Municipality 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 competitive with such rates charged for similar facilities in the area, and shall be approved by the Municipality prior to implementation. 6. The revenue derived from the dock rentals shall be retained by the Club 7. The Club shall pay to the Municipality, by August 31st annually, the sum of two thousand dollars ($2,000.00) which shall be placed in a reserve fund held by the Municipality for major repairs or dock replacement, subject to yearly review. 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. 9. Maintenance expenditures in excess of $500.00 for an individual repair may be funded from the reserve fund at the discretion of the Municipality. 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 Municipalities decision as to approval is final. 10. The Club shall put in effect and maintain in its name, at its expense, all the necessary insurance that would be considered appropriate for an undertaking of this type of operation for the period during which the Agreement is in effect with insurers acceptable to the Municipality, including: 1. Commercial General Liability Insurance, for third party bodily injury, personal injury and property damage to an inclusive limit of not less than Two Million Dollars ($2,000,000.00) per occurrence. The policy shall include: a) The Corporation of the Municipality ofK.incardine as an additional insured; b) Cross liability c) Contractual liability; and d) A thirty (30) day written notice of cancellation 2. The Club shall provide the Municipality with a valid Certificate of Insurance as evidence of the above coverage upon signing the agreement. The Club shall provide the Municipality with any renewal replacement certificates as may be necessary during the term of the Agreement. 11. The Club agrees to indemnify and hold harmless the Municipality from and against all suits, judgements, claims, demands, expenses actions, causes of action and losses and for any and all liability for damages to property and injury to persons (including death) which the Municipality may incur, otherwise than by reason of their own negligence or willful misconduct, as a result of or arising out of or in relation to any breach of the terms of this Agreement, or the Municipality's own negligence or willful misconduct. 12. The Municipality 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 Municipality's policy. 13. The Club agrees that the Municipality, through its authorized agents, may enter and view the state of repair of the docks during all reasonable hours. 14. The Club agrees to reserve twelve (12) dockage spaces for the duration of the annual Fish Kincardine Salmon Derby. The Fish Kincardine derby committee looks after the rental of these 12 docks and receives payment directly for them. 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 10th of each year. For the Chantry Chinook Classic Fish Derby, participants are to call the Lake Huron Fishing Club directly to rent docks and the Lake Huron Fishing Club retains all rental fees. 15. The Club agrees that no fixtures, goods or chattels of any kind will, except in the ordinary course of business, be removed form the premises during the term of this agreement or at any time thereafter without the written consent of the Municipality. 16. The Club agrees that any new fixtures, improvements or additions to the facilities carried out by the Club during of this Agreement shall become and remain the property of the Municipality. 17. It is agreed by and between the Municipality 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 Municipality, 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 Municipality. 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 Municipality. 20. This agreement shall expire on April 30, 2013. 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 Municipality 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 Municipality. 24. This agreement shall ensure 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 present: SIGNED, SEALED AND DELIVERED in the presence of THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE ~~~ ..... ~ - - . - " " "- "- " " -~ . .0. - John deRose~ -,- 4"~L 0 - -- ~~ ",' LAKE HURON FISHING CLUB ~__ V~ President - /~~ Treasurer -