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Home My WebLink About13 153 Lake Huron Fishing Club Agreement (Rotary Docks) 2013 By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE ,.„ , f it t t KBT • 11" VO 1 ‘ 9 '°Y�LITY OF KINCP� BY -LAW NO. 2013 -153 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 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 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 ". 3. That this by -law shall come into full force and effect upon its final passage. • ...i2 Page 2 Lake Huron Fishing Club Agreement (Rotary Docks) 2013 By -Iaw By -Iaw No. 2013 - 153 4. That this by -Iaw may be cited as the "Lake Huron Fishing Club Agreement (Rotary Docks) 2013 By-law". III c._5 READ FIRST S OND time this 4 day of December, 2013. _...--4.—.--. &Amp_ th24-gcrue Mayor Clerk READ a THIRD time and F ALLY PASSED this 4 day of December, 2013. IP Q ayor Clerk 4, IIII III III This is Schedule " A " to By -Law No 7 passed the L . day of T)c n' aer 2013 This AGREEMENT made this 4 day of (kern /, 2013 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, known as "Rotary Docks "; WHEREAS the Club wishes to renew its agreement with the Municipality to manage and operate the rental operation of the Rotary Docks; NOW THEREFORE THIS 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 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 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 Municipality shall maintain a Rotary Docks Replacement Reserve Fund, for major repairs or dock replacement. In each year of the agreement, the Club will provide the Municipality with a contribution of $2,000 to be put in the Reserve Fund, except in years where the said Reserve Fund balance is $20,000 or higher at September 30th, in which case no annual contribution is needed. The Municipality will require proof from the Club through submitting receipts annually to the Municipality that the $2,000 was spent on Fish Hatchery improvements or Club activities and maintenance. 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 materials, and the Municipality's 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) per occurrence. The policy shall include: a) The Corporation of the Municipality of Kincardine as an additional insured; b) Cross liability c) Contractural 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 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. 12. 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. 13. The Club agrees that no fixtures, goods or chattels of any kind will, except in the ordinary course of business, be removed from the premises during the term of this agreement or at any time thereafter without the written consent of the Municipality. 14. The Club agrees that any new fixtures, improvements or additions to the facilities carried out by the Club during this agreement shall become and remain the property of the Municipality. 1 15. 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 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 wilful misconduct. 16. 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 (the Rotary Docks area located in the Penetangore River adjacent to Rotary Park) 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. 17. 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. 18. This agreement is not assignable without the written permission of the Municipality. 19. This agreement shall expire on December 31, 2018. 20. This agreement may be terminated by either party with sixty (60) days written notice to the other. 21. The Club shall, by December 15 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 22. The Club shall have the first right of refusal to renegotiate a new agreement for a further period on terms acceptable to the Municipality. 23. This agreement shall enure to the benefit of and be binding on the respective heirs, executors, administrators, successors and assigns of the parties hereto. r IN WITNESS WHEREOF the parties hereto have executed this Agreement forming part of By -Law No. 2013 - 1 3 . SIGNED, SEALED AND DELIVERED In the presence of THE CORPORATION OF THE MU • IPALITY O KI RDINE . - Larry Kraemer C.A.O. — Murray Clarke LA#� HURON FISHING CLUB 1./7 ) Presid nt - Brian Garnet Treasurer — Mike B umhagen