HomeMy WebLinkAbout20 046 Kincardine Yacht Club Agreement Amendment By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY-LAW
NO. 2020 — 046
BEING A BY-LAW TO AMEND BY-LAW NO. 2010 — 033; BEING A BY-LAW
TO AUTHORIZED THE SIGNING OF AN AGREEMENT WITH THE
KINCARDINE YACHT CLUB INC. TO MANAGE AND OPERATE THE
KINCARDINE HARBOUR
WHEREAS Section 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provide that the powers of a municipality under this or any other Act
111 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;
WHEREAS the Municipality entered into an agreement with the Kincardine Yacht
Club Inc.to manage and operate the Kincardine Harbour by By-law No. 2010 - 033
as amended by By-law No. 2012 - 177;
AND WHEREAS per Section 7.3 of the above noted agreement, KYC had the
option of extending the agreement for another five (5) year term;
AND WHEREAS the KYC provided a letter dated February 18, 2020 which stated
their desire to extend the current agreement for another five (5) years;
AND WHEREAS Council deems it advisable to extend the agreement with the
KYC to manage and operate the Kincardine Harbour for another five (5) years ;
• NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That The Corporation of the Municipality of Kincardine extend the
agreement with the Kincardine Yacht Club for an additional five (5) year
term per Section 7.3 of By-law No. 2010 — 033.
2. That By-law No. 2010 — 033 be amended to replace Kincardine Yacht Club
Inc. with Kincardine Yacht Club.
3. That the Mayor and Chief Administrative Officer be authorized and directed
to execute, on behalf of the Council of The Corporation of the Municipality
of Kincardine, the agreement with the Kincardine Yacht Club, attached
hereto as Schedule 'A' and to affix the corporate seal.
4. That this by-law shall come into full force and effect upon its final passage.
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Kincardine Yacht Club Agreement Amendment By-law
By-law No. 2020 - 046
5. That this by-law may be cited as the "Kincardine Yacht Club Agreement
Amendment By-law".
• READ a FIRST and SECOND TIME this 30th day of March, 2020.
READ a THIRD TIME and FINALLY PASSED this 30th day of March, 2020.
i/i 41 Yki) G SL
Mayor Deputy Jerk
•
•
111
With regards to the Kincardine Yacht Club and their desire to extend the Harbour agreement to operate
and manage the Kincardine Harbour as per section 7.0 Terms of Agreement,sub section 7.3 "KYC will
have the option of extending this agreement for another five (5)year term, I have the letter from the
KYC and the below blurb for inclusion on the March 16, 2020 Council agenda:
This is an extension of the current agreement with the Kincardine Yacht Club for the operation and
management of the Kincardine Harbour. The existing agreement sets out that the agreement can be
extended.
Thanks,
Karen
- ,r
-��- incardine Yacht Club
P.0.'Box81, Kincardine,Ontario N2Z276
February 18, 2020
Karen Kieffer
Director, Kincardine Parks and Recreation
Karen:
The Municipality of Kincardine By-Law 2010-033 which authorizes the Kincardine Yacht
Club to manage and operate the Kincardine Harbour expires on March 31, 2020. However,
included in this By-Law,under section 7.0 Terms of Agreement,sub section 7.3, "KYC will have
the option of extending this agreement for another five(5)year term."
The Kincardine Yacht Club would like to exercise this option,and extend the current
agreement for another five(5)year term.
Thank you.
C2.�✓
Jim Cooper
Past Commodore, Kincardine Yacht Club
Kincardine Yacht Club Agreement By-law
(Kincardine Harbour)
This AGREEMENT made this 30th day of March, 2020.
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.
Of the Second Part
WHEREAS the Municipality entered into an agreement with the Kincardine Yacht Club
to manage and operate the Kincardine Harbour by By-law No. 2010 - 033 as amended
by By-law No. 2012 - 177;
AND WHEREAS per Section 7.3 of the above noted agreement, KYC had the option of
extending the agreement for another five (5) year term;
AND WHEREAS the KYC provided a letter dated February 18, 2020 which stated their
desire to extend the current agreement for another five (5) years;
AND WHEREAS Council deems it advisable to extend the agreement with the KYC to
manage and operate the Kincardine Harbour for another five (5) years ;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT the parties hereto agree
as follows:
1. That The Corporation of the Municipality of Kincardine extend the agreement with
the Kincardine Yacht Club for an additional five (5) year term per Section 7.3 of
By-law No. 2010 - 033.
2. That By-law No. 2010 - 033 be amended to replace Kincardine Yacht Club Inc.
with Kincardine Yacht Club.
In Witness Whereof the parties hereto have executed this agreement.
The Corporation of the Municipality of Kincardine
Anne Eadie
Signed with ConsignO Cloud (2020/04/22)
Verify with ConsignO or Adobe Reader.
Anne Eadie Title: Mayor
Sharon Chambers
Signed with ConsignO Cloud (2020/04/22)
Verify with ConsignO or Adobe Reader.
Sharon Chambers Title: Chief Administrative Officer
We have the authority to bind the Corporation
Allison Hooper
Kincardine Yacht Club
Signed with ConsignO Cloud (2020/04/23)
Verify with ConsignO or Adobe Reader.
Name: Allison Hooper Title: Secretary/Treasurer
Jim Cooper
Signed with ConsignO Cloud (2020/04/17)
Verify with ConsignO or Adobe Reader.
Name: Jim Cooper Title: Past Commodore
We have the authority to bind the Corporation