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HomeMy WebLinkAbout13 095 Kincardine Stand up Paddle Board Rentals Agreement (Station Beach) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT • / pgIITV OF KMGp BY -LAW NO. 2013 - 095 BEING A BY -LAW TO ENTER INTO AN AGREEMENT WITH KINCARDINE STAND UP PADDLE BOARD RENTALS WHEREAS the Municipal Act, 2001 Section 8 (1) and 9 provide 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 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 the Council of the Municipality of Kincardine deems it necessary to enter into an agreement with the Kincardine Stand Up Paddle Board Rentals for a temporary rental location for stand up paddle boards and related equipment at Station Beach; 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 Kincardine Stand Up Paddle Board Rentals for a temporary rental location for stand up paddle boards and related equipment at Station Beach. 2. That the Mayor and Chief Administrative Officer be authorized and directed to execute, on behalf of The Corporation of the Municipality of Kincardine, the Agreement with Kincardine Stand Up Paddle Board Rentals attached • hereto as Schedule 'A'. 3. This by -law shall come into full force and effect upon its final passage. 4. This by -law may be cited as the "Kincardine Stand Up Paddle Board Rentals Agreement (Station Beach) By -law ". READ a FIRST and SECOND TIME this 3rd day of July, 2013. yor Clerk READ a THIRD TIME and FINALLY PASSED this 3 day of July, 2013. 0 or Clerk This is Schedule "A.." to By-Law No. 2 ° 5 passed the day AGREEMENT of UU 2013 BETWEEN THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Hereinafter called the "Municipality" And KINCARDINE STAND UP PADDLE BOARD RENTALS (Owner /Operator Pam Rantz) Hereinafter called the "Vendor" WHEREAS the Vendor wishes to provide and operate a "Stand Up Paddle Board Rental Temporary Location" consisting of the rental of Stand Up Paddle Boards and related equipment on the waters of Lake Huron on the waterfront of Station Beach in Kincardine; AND WHEREAS the Vendor represents that it has the experience, skill and expertise necessary to provide and operate the Paddle Board Rentals; NOW THEREFORE the Vendor and the Municipality hereby agree to as follows: 1. Definition of Business The scope of the Vendor's business is hereby defined as: To rent stand up paddle boards and related equipment to promote the sport of stand up paddle boarding in our community. 2. Approved Temporary Location As described in Schedule "A" attached hereto and forming a part of this agreement. The temporary location is one entrance south from the main entrance (Blue Flag entrance), and is on the beach side facing the dunes. Vendor permitted to have stand up paddle boards and peripheral rental equipment, sign, tent/umbrella, table, chairs, cash box, sign up sheets, etc. 3. Operating Season The Agreement is for the 2013 season commencing June 20, 2013 and ending September 2, 2013. 4. Hours of Operation The Vendor hereby agrees that the hours of operation on the lake will be 11:00 a.m. to 9:00 p.m. The operation is subject to weather and lake conditions and the Vendor may decide not to operate on any day due to weather and lake operations 5. Fee The Vendor agrees to pay the Municipality $150 for the ability to rent paddle boards on Municipal Property. Payment must be received prior to commencing the business. 5. Signage The Vendor is permitted to use a sandwich board sign for advertising, not to be bigger than 30 "wide and 4' in height at the place of business at the beach during working hours at the said temporary location. 6. Insurance and Liability The Vendor must provide the Municipality with a valid insurance certificate of a minimum of two million dollars ($2,000,000.00) liability insurance and name the Municipality as an additional named insured. The Vendor must provide proof of insurance prior to commencing the business. The Vendor agrees to name the Corporation of the Municipality of Kincardine in the Vendor's "Release of Liability, Waiver of Claims Assumption of Risks and Indemnity Agreement" form signed by each customer. The Vendor shall indemnify and hold harmless the Municipality of Kincardine, its officers, members of municipal council and employees from and against any liabilities, claims, expenses, demands, loss, costs, damages, actions, suits or other proceedings by whomsoever made, directly or indirectly arising out of the agreement attributable to bodily injury, sickness, disease or death or to damage to or destruction of tangible property including loss of revenue or incurred expense resulting from disruption of service and caused by any acts of omissions of the Vendor, it's officers, agents, servants, employees, customers, invitees or licensees, or occurring in or on the premises or any part thereof and, as a result of activities under this agreement. 1 The Vendor shall at its own expense, promptly observe, perform, execute and comply with all applicable laws, rules, requirements, orders, directions, ordinance and regulations of every Federal, Provincial, or Municipal authority in the operation of the Paddle Board Business. 7. Safety and Paddle Board Operation The Vendor has stated that each and every customer /renter will be issued with a Personal Flotation Device and all general safety information will be reviewed. The Vendor will at all times show caution and courtesy to swimmers, sailboarders, other water craft, and all other users of the waters of Lake Huron. 8. Other The Vendor agrees to abide by all By -laws of the Municipality of Kincardine including but not limited to the Municipal Sign By -law and Noise By -law. The Vendor agrees that any changes in the nature of the operation will be communicated in advance to the Municipality. This agreement will be refused or subsequently revoked, if there are circumstances which exist, or arise, relating to the vendor, or the business which affords reasonable grounds for belief that to grant or to permit the continuation of the agreement or licence would infringe the rights, health or safety of other members of the public. • KINCARDINE S ND UP PADDLE BOARD RENTALS 2 aAA/.. -te re' PAM '' A Z, OWNER & OPERATOR THE CORPORATI edil OF THE ►i UNICI : LITY OF KINCARDINE 4 LARRY KRAEMER, MAYOR , •L- MURRAY CLARKE, C.A.O. Page 2 of 2 ‘ , . . . . " 3 C HE -b 0 LE. , ... v oti, ..,-.. ..,.., i *1 ,q,--7:, 4, ..,,,, . 3 / ,,,, . _ 4 , cdt ilbenc :::, C V if :Cc ' ft t4g 1 IteRre,r- ,./ -,.,w, '''"''''''''''''''f';: f i j I e t . 1 1: 1. , Npr i ' , s • f-A. , , ''' vc:s I , , .. . . 10)13 Of.,PgItt Map -dote 02013 Sougk . . . .._ .. 11/06/2013