regular council meeting agenda - march 7, 2016

City of Prince Rupert

AGENDA

For the REGULAR MEETING of Council to be held on March 7th, 2016 at 7:00 pm in

the Council Chambers of City Hall, 424 - 3rd Avenue West, Prince Rupert, B.C.

1. CALL TO ORDER

2. ADOPTION OF AGENDA

Recommendation:

THAT the Agenda for the Regular Council Meeting of March 7th, 2016 be adopted as

presented.

3. MINUTES

a) Recommendation:

THAT the Minutes of the Regular Council Meeting of February 22nd, 2016 be

adopted.

b) Recommendation:

THAT the Minutes of the Committee of the Whole Meeting of February 22nd, 2016

be received.

c) Recommendation:

THAT the Minutes of the Public Hearing Meeting of February 22nd, 2016 be

adopted.

4. PETITIONS AND DELEGATIONS

5. UNFINISHED BUSINESS

6. REPORTS AND RECOMMENDATIONS

a) Report from the City Planner – Re: Development Permit Application – Prince

Rupert Rowing and Yacht Club.

Recommendations:

THAT Council issue Development Permit No. 16-04 for the Prince Rupert Rowing

and Yacht Club.

b) Report from the Chief Financial Officer – Re: Ridley Island Tax Sharing

Agreement.

Recommendations:

THAT Council receive this report for information purposes.

Page 3

0

Page 6

Page 8

Page 25

Regular Council Meeting – March 7th, 2016

7. CORRESPONDENCE FOR ACTION

a) Letter from the Museum of Northern BC, dated February 27, 2016 – Re:

Letter of Support for the Security Upgrade and Installation Project 2016.

b) Letter from Mr. Brett Ross, dated February 23, 2016 – Re: Letter of Support

to Host the 2017 Junior All Native Basketball Tournament.

8. RESOLUTIONS FROM CLOSED MEETINGS

9. BYLAWS

a) Report from the Chief Financial Officer – Re: Cow Bay Marina Fees and

Regulations Bylaw No. 3386, 2016.

Recommendations:

THAT Council give First, Second and Third Readings to the Cow Bay Marina

Fees and Regulations Bylaw No. 3386, 2016.

10. ADDITIONAL ITEMS

11. REPORTS, QUESTIONS AND INQUIRIES FROM MEMBERS OF COUNCIL

a) Housing Committee.

12. ADJOURNMENT

Page 31

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Page 30

3


MINUTES

For the REGULAR MEETING of Council held on February 22nd, 2016 immediately following the Public Hearing which is scheduled to commence at 7:00pm in the Council Chambers of City Hall, 424- 3rd Avenue West, Prince Rupert, B.C.

PRESENT:

ABSENT:

STAFF:

Councillor J. Thorkelson (Chair) Councillor B. Mirau Councillor B. Cunningham Councillor W. Niesh Councillor G. Randhawa Councillor N. Kinney

Mayor L. Brain

R. Long, City Manager C. Bomben, Chief Financial Officer A. Vera, Deputy Corporate Administrator V. Stewart, Communications Manager Z. Krekic, City Planner

1. CALL TO ORDER

The Chair called the Regular Meeting of Council to order at 7:25p.m.

MOVED by Councillor Randhawa and seconded by Councillor Mirau that the Regular Meeting be suspended and the Committee of the Whole Meeting be convened.

CARRIED 2. ADOPTION OF AGENDA

MOVED by Councillor Randhawa and seconded by Councillor Mirau that the Agenda for the Regular Council Meeting of February 22nd, 2016 be adopted as presented.

CARRIED 3. MINUTES

a) MOVED by Councillor Kinney and seconded by Councillor Cunningham that the Minutes of the Special Council Meeting ofFebruary 9th, 2016 be adopted.

CARRIED

b) MOVED by Councillor Cunningham and seconded by Councillor Niesh that the Minutes of the Regular Council Meeting of February 9th, 2016 be adopted.

CARRIED

4

Regular Council Meeting - February 22D<I, 2016

4. PETITIONS AND DELEGATIONS

5. UNFINISHED BUSINESS

6. REPORTS AND RECOMMENDATIONS

a) Report from the Chief Financial Officer- Re: 2016 Budget Presentation.

The Chief Financial Officer presented to Council.

MOVED by Councillor Kinney and seconded by Councillor Randhawa that Council recieve this report for information purposes and delay any direction to Staff until after public consultation.

CARRIED 7. REQUESTS

8. CORRESPONDENCE FOR ACTION

a) Letter from the City of Port Coquitlam dated February 4, 2016- Re: 2016 FCM Resolution- Build Canada Grant Funding.

Presented by the Chief Financial Officer.

MOVED by Councillor Mirau and seconded by Councillor Cunningham that Council endorse the 2016 FCM Resolution of the City of Port Coquitlam as presented.

CARRIED 9. RESOLUTIONS FROM CLOSED MEETINGS

10. BYLAWS

a) Report from the City Planner- Re: Zoning Amendment Bylaw No. 3382, 2015 - Application for Lot 3 District Lot 251 Range 5 Coast District Plan 10313 (Drake Crescent).

Presented by the City Planner.

MOVED by Councillor Thorkelson and seconded by Councillor Cunningham that direction be given to Staff to negotiate with the Developer in regard to amenities contribution and to specify unit density of the proposed development and to report back to Council prior to the scheduled Council meeting of March 7th, 2016; and

THAT the Third Reading and Adoption of the Zoning Amendment Bylaw No. 3382, 2015 be tabled to the March 7th, 2016 Council meeting.

CARRIED 11. ADDITIONAL ITEMS


a) Housing Committee.

5

Regular Council Meeting - February 22D<I, 2016

13. ADJOURNMENT

MOVED by Councillor Randhawa and seconded by Councillor Mirau that the meeting be adjourned at 8:11p.m.

CARRIED

Confirmed:

MAYOR

Certified Correct:

CORPORATE ADMINISTRATOR

6


MINUTES

For the COMMITTEE OF THE WHOLE MEETING of Council held on February 22nd, 2016 immediately following the Public Hearing which is scheduled to commence at 7:00p.m. in the Council Chambers of City Hall, 424-3rd Avenue West, Prince Rupert, B.C.

PRESENT:

ABSENT:

STAFF:

1. CALL TO ORDER


Mayor L. Brain


The Chair called the Committee of the Whole Meeting ofFebruary 22nd, 2016 to order at 7:26p.m.

The Chair read the Statement of Chair on the Procedures for the Committee of the Whole Meeting.

2. ADOPTION OF AGENDA

MOVED by Councillor Randhawa and seconded by Councillor Mirau that the Agenda for the Committee of the Whole Meeting ofFebruary 22nd, 2016 be adopted as circulated.

CARRIED 3. PETITIONS AND DELEGATIONS

a) Presentation from Martin Holzhauer- Re: How to Increase Funding/Revenue to Local Governments under the Climate Action Revenue Incentive Program.

Mr. Holzhauer, a resident of Thornhill, BC, presented to Council.

4. QUESTION PERIOD FROM THE PUBLIC

There were no comments from the public.

7

Committee of the Whole Meeting - February 22, 2016


6. ADJOURNMENT TO RECONVENE REGULAR COUNCIL MEETING

MOVED by Councillor Cunningham and seconded by Councillor Kinney that the meeting be adjourned at 7:36p.m.

CARRIED

Confirmed:

MAYOR

Certified Correct:


Page 2 of 2 pages

8


MINUTES

For the PUBLIC HEARING held on February 22nd, 2016 at 7:00p.m. in the Council Chambers of City Hall, 424- 3ro Avenue West, Prince Rupert, B.C.

PRESENT:

ABSENT:

STAFF:

1. CALL TO ORDER


Mayor L. Brain


The Chair called the Public Hearing to order at 7:00p.m.

The Chair read the Statement of Chair on the Procedures for the Public Hearing.

2. ZONING AMENDMENT BYLAW NO. 3382, 2015- APPLICATION FOR LOT 3 DISTRICT LOT 251 RANGE 5 COAST DISTRICT PLAN 10313 (DRAKE CRESCENT).

a) City Planner's Report of February 15, 2016.

• The City Planner presented to Council.

b) As at the date of the City Planner's Report ofFebruary 15,2016, there has been:

• No comments or submissions.

c) Public asked to provide comments.

• Kevin Stunder of 1778 Kilkenny Road, North Vancouver, BC, the Developer of the project, addressed Council in support of the project moving forward.

9

Public Hearing 7:00p.m. - February 22, 2016.

• Keith Lamboume of 363-500 2nd Ave West, Prince Rupert, BC, addressed Council and spoke in favour of the project.

The Chair called a first, second, and third time for any speakers to come forward.

3. ADJOURN PUBLIC HEARING

MOVED by Councillor Thorkelson and seconded by Councillor Niesh that the meeting be adjourned at 7:25p.m.

CARRIED

Confirmed:

MAYOR

Certified Correct:


Page 2 of2

10

CITY OF PRINCE RUPERT

REPORT TO COUNCIL

DATE: March Pt, 2016

TO: Robert Long, City Manager

FROM: Zeno Krekic, City Planner

SUBJECT: DEVELOPMENT PERMIT APPLICATION- PRINCE RUPERT RO~NGANDYACHTCLUB

RECOMMENDATION:

THAT Council issue Development Permit No. 16-04 for the Prince Rupert Rowing and Yacht Club.

REASON FOR REPORT:

On February 16, 2016 Mr. Jack Payne, on behalf of the Prince Rupert Rowing and Yacht Club, submitted an application for redevelopment of the present facility. The full application is included in Attachment #1.

BACKGROUND AND ANALYSIS:

The existing and proposed use is permitted in the City's zoning bylaw and the renderings included with the application are fully in accordance with the Cow Bay Development Permit Area Design guidelines. Including:

• Design Guidelines Character,

• Form and Scale, and

• Materials.

Further comments are provided in the internal memorandum provided by the Director of Operations and included in Attachment #2. In brief, as part of the future permitting relating to construction the Applicant is responsible to:

1. Review the possible relocation of a City storm outfall with the City Engineering Department.

2. Review the proposed bulk fill into the marine environment with the following appropriate jurisdictions approval:

a. Department of Fisheries and Oceans; and

b. Ministry of Environment.

11

REPORT TO COUNCIL- DEVELOPMENT PERMIT APPLICATION- PRINCE RUPERT ROWING AND YACHT CLUB

March l't, 2016 Page 2

3. Site development requirements for relocation or additional utilities are at the owner's expense.

The above noted responsibilities will be highlighted in the Development Permit.

COST:

Costs are covered by the application fee.

CONCLUSION:

The proposed project complies with the Cow Bay Design Guidelines.

Report Prepared By:

Z~ L -c Zeno Krekic, City Planner

Attachment(s): • Attachment # 1 - Application; and • Attachment #2 - Internal Memorandum.

Report Reviewed By:

2

12

ATTACHMEN-- #1

13

FILE NO. lJf-/6 -tJ~


APPLICATION FOR A PERMIT

1/We hereby make application under Part 26 of the Local Government Act for a: (check where applicable) ·

and located at (street address or general location):

Required applicajj.on fee of$ '2--7£ , the ~eted Permtt Information Forms and the State ofiitle Certificate are attached. $ per PID Number ($15 per) Value of work $?0b (JIJO - (exterior only)

J '

(Date)

THIS APPLICATION IS MADE WITH MY FUL

Zt116 ·o t-·IL (Date)

Where the Applicant is NOT the REGISTERED OWNER the Application must be signed by the REGISTERED OWNER or his SOLICITOR.

FOR OFFICE USE ONLY /?)

A~PL}CATION FEE$ Z?(Y RECEIVED

lfb tb Zctb ( ate)

1

14

PERMIT INFORMATION FORM

THE INFORMATION REQUESTED IN THIS FORM IS REQUIRED TO EXPEDITE THE APPLICATION AND ASSIST STAFF IN PREPARING A RECOMMENDATION.

This form is to be completed in full and submitted with all requested information, Permit Application, Application Fee and State of Title Certificate for the subject property.

1. Applicant and Registered Owner

a. Applicant's).Jame ~.Yrt ~Y~ Address fla ~.....,..lCJ£~:-.~eJ20:r.-'-if,/~=----P-os-ta_I_C-~d-e~VJ"'"'":-r.....,'f.-::B1=----Telephone: Business -z..(;o . b?..'f'-'ll\~1- Home 2-50 ,£7~"!,..4~21

b. Register~Owner's Name ~!f &ll:.«f"~1"' tYAuwJif Cwe Address t'O &i ggl i f ( _ _&k Postal Code \/PJJ 4e:1-Telephone: Business 1so, b;n-5).2..:( Home .....,.(l"'"'J.IIOIQ"",. ______ _

c. A copy of a State of Title Certificate, dated no more than thirty (30) days prior to submission of the application must accompany the application as a proof of ownership.

2. Application Fee

An application fee as set out in Schedule "B" (which is attached) shall be made payable to The City of Prince Rupert and shall accompany the Application.

3. Subject Property and Development

b. roperty, general description of map): IN tf 1!\Jfl{l(

c. Present Zoning

d. Description of the Existing Use/Development '{pat( UvB>

2

15

4.

5.

f. App(oximate Commencement Date of Proposed Project Jf'Mif ')f}fb .

At the time of providing Application and Information Forms to the applicant, the City Planner shall indicate which of the following attachments are required or not required for this Application. The City Planner may require additional information as well as that noted below. (1.) A dimensioned Sketch Plan drawn to a scale of to __ _

showing, the parcel(s) or part of the parcel(s) to be re-designated and the location of existing buildings structures and uses.

REQUIRED: Yes 0 No 0 (2.) A dimensioned Site Development Plan drawn to a scale of to

___ showing the proposed use, buildings and structures, highway access etc.

REQUIRED: Yes 0 No 0 (3.) A Contour Map (Plan) drawn to scale of to with contour

intervals of , if warranted by the topographic condition (of the subject site).

REQUIRED: Yes 0 No 0 (4.) A dimensional Sketch Plan drawn to a scale of to of the

proposed subdivision, where subdivision (small or large) is contemplated.

REQUIRED: Yes 0 No 0 3

16

(5.) Technical information or reports and other information required to assist in the preparation of the Permit, listed below:

Specific Reports:

General:

REQUIRED: Yes 0 No 0

(Date)

FOR OFFICE USE ONLY

Forms duly completed, received.

U1b11Dib

(Date)

4

17

22 3551

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TITLE: f---B_O_N_I•_M_A_D_D_IS_O_N_-iSITE PLAN

Architects

3732 West Broadway, PROJECT: Vancouver, B.C., V6R 2Cl PRINCE RUPERT ROWING & T: 604 688 5894 F: 604 688 5899 YACHT CLUB

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SOUTH ELEVATION Scale: 1/8" = 1'-0"

CEILING

120.08'

~~~-~~_!:~C?~--111.08'

Scale: 1/8" = 1 '-0"

BONI • MADDISON

Architects

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19

RESIDENTIAL

~ f'" ~1 i 1 n iBRE CEMENT CLADDING· NICHIHA

ARCHITECTURAL BLOCK 18" X 6" lllllllillllliiiiiiiiiFIIIIJU PANELS

FIBRE CEMENT CLADDING· NICHIHA--... METALLICS RIBBED

--~~~£!:9.~~ ·-·-·-·-·-·-·-·-· 111.08~

EAST ELEVATION \........,.y..-r~" WASHROOM FACILilY

Scale: 1/8" = 1'-0"

__.-RIBBED METAL ROOFING

CEILING

120.08'

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GROUND FLOOR

100' NORTH ELEVATION Scale: 1/8" = 1'-0"

I BONI • MADDISON I I Architects I

va!~;v':r~~-~~;:~ct T: 604 61!8 5894 F: 6();1688S899

E: info@bonimaddison .rurn

PRIN'cE RUPERT ROWING &YACHT CLUB

..... NORTH&EAST ELEVATIONS - EG

.......... ......

1111" • 1'4' A3.2 _.,. "'"' ....

FEB 20t8 M'\I, H':

22

ATTACHMENT #2

23

DATE: February 29th, 2016

CITY OF PRINCE RUPERT MEMORANDUM

TO:

CC:

Zeno Krekic, City Planner

Development File

SUBJECT: Prince Rupert Rowing and Yacht Club - Referral

The Engineering Department is in receipt of a referral request from the Planning Department to review the Development Permit for the Prince Rupert Rowing and Yacht Club. This Development Permit is in reference to the increase of the parking lot at the Club and a new building.

This Department has accumulated the following information:

Water Servicing

There is adequate water servicing to the site for the proposed development.

Sewer Servicing

There is adequate sewer servicing to the site for the proposed development.

Storm Sewer Servicing

There is storm servicing to the site for the proposed development; however it will need to be reviewed with respect to the parking area. Oil/water/grit separation will be required and specialized permits may be required for discharge into the marine environment.

Road Works and Access

There is adequate road and access to the proposed development.

Site Development

The proposed development is contemplating bulk fill into the marine environment. This infill will require the review and possible relocation of a City storm outfall discharge. Additionally this may require specialized permitting from other agencies.

Environmental Concerns

Site development requirements for other agencies at the owner's expense are as follows: Permitting for Environmental concerns through the Ministry of Environment;

24

Permitting for Fisheries concerns through the Department of Fisheries and Oceans

Other Utilities

Site development requirements for additional utilities at the owner's expense are as follows:

Disclaimer

Analysis of existing site, with reference to other utility providers; Upgrade the site with regard to other mandatory utilities, as required; Install any and all utilities required (Pacific Northwest Gas (PNG), Citywest, and BC Hydro); and, Obtain any Permits from all regulatory agencies required for the proposed Work

Although the Engineering Department has sought to list all outstanding items, the above-noted does not constitute full approval and any matters which may have been overlooked or matters which may arise after the date of the referral could result in additional conditions.

Yours Respectfully,

W-Richard Pucci Director of Operations

25


REPORT TO COUNCIL

DATE: March 7th, 2016


FROM: Corinne Bomben, Chief Financial Officer

SUBJECT: RIDLEY ISLAND TAX SHARING AGREEMENT WITH DISTRICT OF PORT EDWARD.

RECOMMENDATION:

THAT Council receive this report for information purposes.

REASON FOR REPORT:

At the February 22, 2016 Council meeting, Council requested a report from staff on the Ridley Island tax sharing agreement between the City of Prince Rupert and the District of Port Edward.

BACKGROUND:

In 1980, the City of Prince Rupert underwent a boundary extension that included Ridley Island. In the conditions of the supplementary Letters Patent, the Lieutenant-Governor in Council provided that the tax revenue from real property making up the boundary extension be shared with the District of Port Edward (then the Village of Port Edward) on the basis provided and agreed to by both municipalities at the time.

ANALYSIS:

Apportionment & Review Period

In the Letters Patent, it indicates that both municipalities will share the first $25,000 in annual taxation and then the balance would be shared 80% to Prince Rupert and 20% to Port Edward. This sharing percentage would be reviewed three years after the first year of taxation from any development on the island and reviewed every five years thereafter.

In 1984 the sharing percentage was changed to 83% to Prince Rupert and 17% to Port Edward. The 3% change was considered a contribution by Port Edward towards the Civic Centre operations. This amendment was approved by the Minister of Municipal Affairs the same year.

26

REPORT TO COUNCIL- Ridley Island Tax Sharing Agreement with District of Port Edward

March 7, 2016 Page 2

Since then, the City has sent letters when the period for review is to occur, and each time the District has sent back a letter indicating they do not wish to re-open the discussion. The most recent letter received from Mayor MacDonald is attached (Exhibit 1).

COST:

The amount paid to the District of Port Edward over the past 6 years is included in the following table. Additionally, the % of Port Edwards yearly taxation paid by this tax sharing agreement is included in the last column.

Year $paid to Port Edward (rounded) % of Port Edward Taxation 2015 $703,200 Currently Unknown 2014 $1,002,600* 62.7% 2013 $561,000 49.8% 2012 $563,900 50.6% 2011 $568,500 51.3% 2010 $578,600 46.5% 6 Year total $3,977,800 5yr Average 52%

*Amount higher than normal due to Prince Rupert Port Authority back payment ofPILT.

Over the 5 year period 2010 through 2014, the City of Prince Rupert has contributed on average 52% of the taxes collected in the District of Port Edward.

CONCLUSION:

That Council receive this report for information purposes.

Report Prepared By:

Corinne Bo~n, Chief Financial Officer

Attachment: • Exhibit 1 Letter from Mayor MacDonald, dated October 20,2014.

27

District of Port Edward Clean, Neat & Green

October 20, 20 14

Mayor and Council City of Prince Rupert 424R3rd Ave. West Prince Rupe11, BC V8J 1L7

Ref: Ridley Island Tax Share Agreement

Dear Mayor Mussallem:

ocr2 . 9 2074

The District of Port Edward has reviewed Section 4 of the Ridley Island Tax Share Agreement and has determined that the cun-ent allocation of 83% to the City of Prince Rupert and 17% to the District of P011 Edward is fair and equitable.

The rationale behind for this agreement was based upon the situation that happened with the constl'llction of the Pulp Mill on Watson Island. Watson Island was included in the City's boundary so as to provide a tax base for the City therefore; throughout the years that the Mill was in operation, all of these taxes went to the City resulting in no tax revenue going to the Dishict of Port Edward from the Pulp Mill.

While the City benefited from the Pulp Mills' prope11y taxes, the District of Port Edward suffered with the negative effects of the location of the Mill, air, water and noise pollution. As well as the associated hazards of a Pulp Mill chlorine gas leaks, potential boiler explosions etc.

The District did not want this same situation to occur when Ridley Island was being developed so we lobbied the Province for a share of the tax base and we were successful by being awarded 20% of the taxes. Our argument was simple; similar to our experience with the Pulp Mill, residents would be looking out their front room windows at any development on Ridley Island that potentially would have negative impacts, such as coal dust, increased rail traffic with the related whistling during the night. Again, potential issues affecting our community without any taxation was deemed inherently unfair.

After agreeing to the 20% it was decided that the District would give back 3% to the City to help with the costs of operating the recreational facilities which our residents use. Last year that 3% represented approximately $1 02,130. This year the amount is approximately $177,176. These amounts are not insignificant. Every person in the District of Pm1 Edward would pay approximately $188 (in 2013) and $326 (in 2014) for the operation ofthe sports facilities, as well as any user fees associated with the use of the facilities, same as everyone else.

District of Port Edward

PO Box 1100, Port Edward British Columbia VOV 1 GO

tel 250.628.3667 fax 250.628.9225

[email protected] www.portedward.ca

28

District of Port Edward Clean, Neat & Green

Using the population numbers from the 2011 Census, Prince Rupert had 12,508residence, which when divided into your budgeted operating costs, less our contribution for the operation of the facilities would mean that every person in the City of Prince Rupert would pay approximately $221 (in 20 13) and $214 (in 20 14). As you can see District of Pm1 Edward residents pay their fair share for the use of the recreational facilities in Prince Rupert.

Therefore given the aforementioned infonnation, The District of Port Edward does not see the need to revisit Section 4 of the cun-ent agreement and requests that The District ofPor1 Edward be included in all future discussions relating to any concems the City of Prince Rupert may be discussing in this regard.

Your time and consideration in this maHer is appreciated.

;;~~~ Dave MacDonald, Mayor District of Por1 Edward

C: Council ofthe District ofPor1 Edward

District of Port Edward

PO Box 11 oo, Port Edward British Columbia VOV 1 GO

tel 250.628.3667 lax 250.628.9225

[email protected] www.portedward,ca

29

February 27, 2016

Mayor and Council City of Prince Rupert


FEB 2 8 2016

NA XBIISA

The Museum of Northern BC has applied to the Prince Rupert Port Authority for funds to assist with the costs of its Security Upgrade and Installation Project 2016. The Museum needs to upgrade the existing security system in the Museum and to install a new outdoor system at the Dance Performance Longhouse and Artist Studio. These new systems will allow for greater certainty and efficiency in ensuring the security of the Museum, and greatly reduce the costly vandalism that has been on-going at the Longhouse and Studio.

It would be very much appreciated if the City could provide the Museum with a letter of support for this project. The Port Authority has received the Museum's application but has allowed for a letter to be added to the package in the next few days. With the requested funds from the Port and funds already in hand, the project would be complete by the peak vandalism season in June.

The Museum respectfully requests a letter of support for this very important project.

100 Forst Avenue West

PO Bo~ 669

Pronce Rupert

Brotosh Columbia

Canada

V8J 1A8

z 0 ::c -1 I ITI ::c z CD ::c -1 Vl I n 0 rc s: CD )>

_ 1

30

February 23, 2016.

From:

Brett Ross

35 Simpson Blvd. Lax kw'alaams, BC. VOV 1HO.

250-625-2358

To: Mayor and council for The City Of Prince Rupert.

Re: Letter of support to host the 2017 Junior All Native Basketball Tournament.

Dear Mayor Lee Brain and Council:

I am the coach for the Lax kw'alaams Jr Boys. I am writing to you because we{Lax kw'alaams}

are wanting to place a bid to host the 2017 Jr All Native tournament. But we are wanting to

host it there in Prince Rupert, as our village is not capable of having that much teams and fans.

We are hoping to get a supporting letter to take with us to Williams Lake, as we but in a bid

during the coaches and managers meeting (March 13, 2016}.

Thanks, Brett Ross.

31


REPORT TO COUNCIL

DATE: March 7th, 2016


FROM: Corinne Bomben, Chief Financial Officer

SUBJECT: COW BAY MARINA FEES AND REGULATIONS BYLAW NO. 3386, 2016

RECOMMENDATION:

THAT Council give First, Second and Third Readings to the Cow Bay Marina Fees and Regulations Bylaw No. 3386,2016.

BACKGROUND:

The Cow Bay Marina will provide the moorage and access to the recreational boating community sailing the northern stretch of the Inside Passage. Prince Rupert's existing combined marina capacity provides only ten (10) slips for itinerate vessels while research indicates the number transiting the surrounding waters exceeds 1,200 per year. The Cow Bay Marina will see a fifty one (51) slip (depending on vessel length) marina located in Cow Bay, Prince Rupert's boutique shopping and tourism district. The marina consists of two components: a 12-foot wide, 600-foot long Community Wharf I Breakwater that will provide community access to the waterfront; and, a gate-secure marina for both itinerant and long term moorage. The project will deliver significant financial benefits, social benefits and business opportunities to Prince Rupert and area. It is intended to use the Community Breakwater to encourage the public non-profit use of the Breakwater to enhance the public's access to the waterfront through agreements at minimal costs with community groups focused on community water use of the Harbour. The City intends to use a community place making process to determine what and how this will be managed.

DISCUSSION:

The City is authorized under the Community Charter to impose fees and charges. In order to begin receiving fees for moorage, the Council must adopt a Bylaw detailing the service and including the fee structure.

It is intended that the majority of the Marina will be for temporary moorage for those travelers boating along the coast. However there is a component that will permit annual moorage and off season long term moorage.

32

REPORT TO COUNCIL - Cow Bay Marina Fees and Regulations Bylaw 3386, 2016 Page 2

March l'h, 2016

It is these long term moorage contracts that will cover the annual costs of the facility, while the temporary itinerant vessels will be contributing to the asset renewal and be a diversified revenue source for the City. There is no intention for this facility to be subsidized by the taxpayers and as such the fees have been set accordingly. Staff researched 20 other marinas along the coast and compared the rates the City has recommended to those charged by similar marinas. The rates proposed are in line with similar marinas and agree with the average rates levied. Additionally, a representative for the Cow Bay Marina attended the Boat Show in Seattle where he communicated the proposed temporary rate. The feedback amongst boaters was that our rates were comparable and not outside the market rates.

The Cow Bay Marina will offer full service, which includes electrical & water hook up, wifi, laundry and washroom facilities. It will also have a secure entry point and a Marina Manager living on site. Additionally, reservations can be made online for temporary moorage.

CONCLUSION:

That Council give First, Second and Third Readings to the Cow Bay Marina Fees and Regulations Bylaw No. 3386, 2016.

Report Prepared By:

~ Corinne Bomben, Chief Financial Officer

Attachment(s): • Cow Bay Marina Fees and Regulations Bylaw No. 3386, 2016.

33


COW BAY MARINA FEES AND REGULATIONS BYLAW NO. 3386, 2016

A BYLAW TO ESTABLISH THE RATES AND REGULATIONS FOR THE OPERATION OF THE COW BAY MARINA

WHEREAS, Section 194 [Municipal Fees] of the Community Charter provides the authorization to municipalities to impose fees for all or part of a service that a municipality may provide and to impose fees for the use of municipal property; and,

WHEREAS, the City of Prince Rupert deems it necessary to establish fees and charges for various municipal services related to the operation and use of the Cow Bay Marina;

NOW THEREFORE, the City of Prince Rupert in an open meeting assembled, enacts as follows:

INTERPRETATION

1. In this Bylaw:

(a)"Annual Mooring" means mooring for any 365 day period.

(b) "Annual Mooring Agreement" means an agreement entered into between the City and the Owner of a vessel substantially in the form attached hereto as Schedule "D" for the purpose of permitting Annual Mooring at the Cow Bay Marina.

(c) "City" means the City of Prince Rupert.

(d) "Council" means the Council of the City of Prince· Rupert.

(e) "Cow Bay Marina" means those lands and premises comprising the area contained within the approximately .94 hectare portion of the water lot adjacent to Waterfront Block F. See Schedule "A".

(f) "Cow Bay Marina Manager" means the City or any third party operator responsible for managing and operating the Cow Bay Marina.

(g) "Live-aboard" means any vessel that is occupied overnight at the Cow Bay Marina for more than two (2) consecutive weeks or for more than fourteen (14) consecutive or nonconsecutive days in any one (1) month period.

(h) "Mooring Agreement" means an Annual Mooring Agreement, Short Term Mooring Agreement or Temporary Mooring Agreement.

(i) "Owner" means:

i. the person who is the legal owner of the vessel, ii. the person in whose name the vessel is registered, or

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iii. a person who is the documented conditional vendee or lessee and entitled to be in possession and is in possession of the vessel.

(j)"Short Term Mooring" means mooring for a minimum period of one month and less than 365 days.

(k) "Short Term Mooring Agreement" means an agreement entered into between the City and the Owner of a vessel substantially in the form attached hereto as Schedule "E" for the purpose of permitting Short Term Mooring at the Cow Bay Marina.

(1) "Temporary Mooring" means daily mooring for a maximum one month period.

(m)"Temporary Mooring Agreement" means an agreement entered into between the City and the Owner of a vessel substantially in the form attached hereto as Schedule "E" for the purpose of permitting Temporary Mooring at the Cow Bay Marina.

RATES

2. Every person who moors a vessel at the Cow Bay Marina shall pay to the City the applicable rates and charges for mooring, electricity and pumping as required by this Bylaw and as set out in Schedule "B" to this Bylaw.

MOORING RULES

3. Every person who moors a vessel at the Cow Bay Marina shall abide by the mooring rules set out in Schedule "C" to this Bylaw.

ANNUAL MOORING

4. Every Owner of a vessel wishing to secure Annual Mooring space in the Cow Bay Marina shall first enter into an Annual Mooring Agreement, if space is available.

5. An Annual Mooring Agreement shall be in the form shown in Schedule "D".

6. In any year where the Owner does not renew the Annual Mooring Agreement, the Owner shall remove his or her vessel from the Cow Bay Marina no later than December 31st of the contract year.

7. If an Owner terminates his or her Annual Mooring during the year, the City shall, provided the Owner is in compliance with the terms and conditions of this bylaw, refund to the Owner, without interest, any fees paid for the unexpired portion of the term of Annual Mooring Agreement in accordance with Schedule "B'.

SHORT TERM MOORING

8. An Owner of a vessel wishing to secure a Short Term Mooring space in the Cow Bay Marina shall enter into a Short Term Mooring Agreement, if space is available.

9. A Short Term Mooring Agreement shall be in the form shown in Schedule "E".

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10. If any Owner terminates his or her Short Term Mooring during the term of the Short Term Mooring Agreement, the City shall not refund to the Owner any rental fees paid for the unexpired portion of the term.

11. Upon termination of the Short Term Mooring Agreement, the Owner shall remove the vessel from the Cow Bay Marina immediately.

TEMPORARY MOORING

12. An Owner of a vessel wishing to secure Temporary Mooring space in the Cow Bay Marina shall enter into a Temporary Mooring Agreement, if space is available.

13. A Temporary Mooring Agreement shall be in the form shown in Schedule "E".

14. If any Owner terminates his or her Temporary Mooring during the term of the Temporary Mooring Agreement, the City shall not refund to the Owner any rental fees paid for the unexpired portion of the term.

15. Upon termination of the Temporary Mooring Agreement, the Owner shall remove the vessel from the Cow Bay Marina immediately.

OVERSTAYING VESSELS

16. If an Owner has failed to remove his or her vessel from the Cow Bay Marina when his or her Mooring Agreement has expired or when he or she is otherwise legally required to vacate, then at the Owner's full expense, the City may take all necessary steps to remove the vessel from the Cow Bay Marina and may seek recovery of all unpaid costs and expenses, including in addition to all other available remedies, by the legal remedy of distress of the Owner's goods and chattels, including the vessel.

17. If a vessel continues to be moored at the Cow Bay Marina contrary to the provisions of this Bylaw, the Owner shall be guilty of an offence and sections 24 and 25 of the Bylaw shall apply.

ALLOCATION OF BERTHS

18. Mooring berths in the Cow Bay Marina shall be allocated to vessel Owners whose names appear on the waiting list as appropriate space becomes available.

19. The waiting list shall be maintained and kept current by the Cow Bay Marina Manager.

RELOCATION OF VESSEL

20. The City or the Cow Bay Marina Manager may relocate any vessel in the Cow Bay Marina without prior notice to an Owner.

NO LIVE-ABOARDS

21. Live-aboard vessels are not permitted at the Cow Bay Marina and no person shall use any vessel in the Cow Bay Marina as living quarters or for residential purposes.

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22. The Cow Bay Marina Manager is exempt from section 21 of this Bylaw, provided that he or she has entered into an existing Annual Mooring Agreement.

TEMPORARY STAY-ABOARDS

23. Notwithstanding Section 21 ofthis Bylaw, vessel Owners, operators, and crew members may stay aboard their respective vessels on a temporary, over-night basis provided that each of the following conditions are met:

(a) Prior to any overnight stay, all vessel Owners, operators, and crew members first notify the Cow Bay Manager, or his or her authorized personnel, of their intention to stay aboard and the expected length of their stay;

(b) No vessel may be occupied overnight for more than two (2) consecutive weeks or for more than fourteen (14) consecutive or non-consecutive days in any one (1) month period;

(c) Any vessel occupied on an overnight basis must be capable of movement under its own power and must have holding tanks and seals placed on all toilets;

(d) No equipment, gear, personal belongings, or refuse may be attached to or placed on any floats within the Cow Bay Marina; and

(e) The area of any mooring berths for vessels to be occupied on a temporary, overnight basis pursuant to this Bylaw will be determined by the Cow Bay Marina Manager, or his or her authorized personnel.

VIOLATION OF BYLAW

24. Any person who violates any provisions of this Bylaw or the mooring rules or who permits or allows any act or thing to be done in violation of this Bylaw or the mooring rules, is guilty of an offence and is liable, on summary conviction, to a fine of not more than $10,000 for each separate offence.

25. Each day that a violation occurs or is permitted or continues shall constitute a separate offence.

EFFECTIVE DATE

26. This Bylaw shall be effective when adopted.

CITATION

27. This Bylaw may be cited as "Cow Bay Marina Fees and Regulation Bylaw No. 3386, 2016"

SCHEDULES

28. The following Schedules attached hereto form part of this Bylaw:

Schedule A- Plan of Cow Bay Marina

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Schedule B - Rates

Schedule C - Cow Bay Marina Mooring Rules/Regulations and Conditions

Schedule D - Annual Mooring Agreement

Schedule E- Short Term Mooring Agreement/Temporary Mooring Agreement

Read a First time this __ day of ___ ,, 2016.

Read a Second time this __ day of , 2016.

Read a Third time this __ day of , 2016.

Finally Considered and Adopted this __ day of ___ , 2016.

Mayor

Corporate Administrator

38

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39

Cow Bay Marina Fees and Regulations Bylaw No. 3386, 2016

Schedule B

Rates

1. Annual Mooring

a) The Annual Mooring rate shall be as outlined below:

12 Month Prepaid $9.50 per Foot I Month

*All rates are subject to applicable taxes

2. Short Term Mooring

a) The Short Term Mooring rates shall be as outlined below:

Winter Months, October 1 -March 31 $8.50 per Foot I Month

Swnmer Months, April1- September 31 $10.50 per Foot I Month


b) Short Term Mooring rates are payable in advance upon execution of the Short Term Mooring Agreement.

c) Upon cancellation of an existing Short Term Mooring Agreement, there shall be no refund of any prepaid Short Term Mooring rates.

3. Temporary Mooring

a) The Temporary Mooring rate shall be as outlined below:

$1.40 per Foot I Day


b) There shall be a $2.00 reservation fee for each Temporary Mooring.

c) Visiting vessels must apply online or in person to the Cow Bay Marina office for a berth, which may be granted if space is available, subject to the payment of the required Temporary Mooring rates and the $2.00 reservation fee.

d) Temporary Mooring rates are payable in advance upon execution of the Temporary Mooring Agreement.

e) Upon cancellation of an existing Temporary Mooring Agreement, there shall be no refund of any prepaid Temporary Mooring rates.

4. Hourly Mooring

Hourly mooring may be permitted at no cost, provided that such hourly mooring does not exceed two hours in any 24 hour period.

5. Method of Calculation

a) The calculation for the length of a vessel shall be the vessel length including all appurtenances rounded to the nearest foot.

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6. Electricity Rates

a) The following rates shall apply for the use of electricity in the Cow Bay Marina

For each 30 amp outlet $6.00 per day $100.00 per month

For each 50 amp outlet

For each 100amp outlet

$9.00 per day $140.00 per month

$18.00 per day $280.00 per month

*All electricity rates are subject to applicable taxes *All electricity rates to be paid in advance

7. Pumping Rates

a) The following rates shall apply for pumping a vessel:

$50.00 for the first incident $100.00 for all subsequent incidents

*All pumping rates are subject to applicable taxes

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Schedule C

Cow Bay Marina Mooring Rules I Regulations and Conditions

1. Check-in. Prior to commencing any use of the Cow Bay Marina, all Owners must first check-in with the Cow Bay Marina Manager at the Marina Office.

2. Liability Insurance. All vessel Owners using the Cow Bay Marina (Marina) shall obtain and maintain liability insurance. Proof of liability insurance in an amount of not less than $1,000,000.00 must be provided to the Cow Bay Marina Manager, together with the first month's payment.

3. Owner Liability/Owner Indemnities.

a. The Owner of a vessel shall be liable and hereby agrees to pay and/or indemnify the City for any loss or damage to or disfigurement of Marina's facilities, floats, wharves, installations and premises, howsoever caused, whether by the Owner, or by his servants, agents, guests, or invitees, or the Owner's vessel or whether by negligence or otherwise and shall pay for the same within 30 days of receiving an account for the same.

b. The Owner shall be liable and hereby agrees to pay and/or indemnify the City for any loss or damage caused to the Marina by the Owners vessel or crew, while under operation and/or care of the Owner or any other person on board with the Owner's consent, both jointly and severally with such person, and shall pay for the same within 30 days of receiving an account for the same.

c. Without limiting the generality of any other provision in this Schedule, the Owner will indemnify and save harmless the City and the Cow Bay Marina Manager from and against any and all payments and liabilities, claims, suits, actions, including actions of third parties, damages and costs (including legal fees on a solicitor and own client basis) which the City may incur our of or in connection with:

1. any breach or non-performance of the obligations of the Owner under the applicable Mooring Agreement;

n. any loss or damage to property of the City howsoever caused by the use and occupation of the Marina by the Owner, its agents, employees, contractors, invitees and others for whom the Owner is in law responsible;

iii. Any wrongful act or neglect of the Owner, its agents, employees, contractors, invitees and others for whom the Owner is in law responsible in or about the Marina or arising out of or in connection with the use of the Marina by the Owner or those for whom the Owner is in law responsible.

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4. Risk. All vessels and ancillary equipment of the Owner stored or moored in the Marina shall be solely at the Owner's risk, and the City shall not be responsible under any circumstances for any loss or damage caused thereto whether caused by the negligence of the City, its servants or agents or the acts of third parties, or otherwise. All vehicles parked on the Marina premises and the contents therein are left at the Owner's risk. The City will not be responsible under any circumstances for loss, damage, or theft to any such vessels or vehicles, including articles left on or inside the vessel or vehicle. All persons using the Marina facilities, floats and ramps do so at their own risk and the City assumes no responsibility whatsoever for the personal injury to the Owner or his servants, agents, guests, or invitees occurring within the Marina premises from any cause whatsoever.

5. City/Cow Bay Marina Manager Not Liable. Notwithstanding any other provision herein contained, neither the City nor the Cow Bay Marina Manager will be liable to an Owner or any agents, employees, contractors or invitees of an Owner for any personal injury or property damage or claims arising from or in connection with an Owner' s use of the Marina. An Owner waives all rights it may have at law or at equity to claim against the City or the Cow Bay Marina Manager for damages or equitable relief of any nature or kind whatsoever.

6. Safe Mooring. Each Owner is responsible for the safe mooring of their vessel. The Cow Bay Marina Manager reserves the right to rearrange the position of any vessel moored at any time in the Marina without prior notice to the Owner.

7. Acknowledgement. Owners acknowledge and agree that the Marina is located in an active partially open water environment, where adverse weather conditions including storms do occur from time to time. If Owners do not secure their boats, the Cow Bay Marina Manager reserves the right (but is not obligated) to relocate vessels to a safe location without prior notice to the Owner. The City accepts no responsibility for ensuring an Owner's vessel is relocated, nor any responsibility for damage done to the vessel during such relocation.

8. Safety of Vessels. Without limiting the generality of sections 5 and 6 above, Owners acknowledge and agree that:

a. the sole responsibility for the safety of moored vessel rests with the Owner;

b. vessel Owners are advised to check their vessels regularly, especially after heavy winds, rain, or snow;

c. the canvas covering and the pump-out of boats is the responsibility of the vessel Owner, as is the proper tying of mooring lines, and mandatory use of adequate bumpers;

d. Owners will be liable for any damage to Marina property or to other vessels as a result of their negligence; and

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e. under emergency conditions the City and/or the Cow Bay Marina Manager reserves the right to purchase fenders, new lines, or pump out the boat etc., to ensure the mooring safety of the vessel, at the Owner's expense and without prior notice to the Owner.

9. Heating/Dehumidifying Devices. Any heating/dehumidifying devices must be equipped with a "Tip over" switch and must be properly cleaned and maintained.

10. No Liveaboards. No person(s) are allowed to live aboard except as identified in Bylaw 3386, 2016.

11. Safety Requirements. In the interest of safety for all, the main docks must remain free and clear at all times and:

a) bowsprits/platforms must not extend over the main docks;

b) all lines and ropes must be tightened down on sailboats to prevent banging against masts and booms;

c) no lines, canvas covers, bicycles, or any other gear or supplies are to be left on the main docks;

d) electrical cords and water hoses are to be made flush with the docks; and

e) wheelbarrows and other Marina property must be returned to the proper places.

12. Dinghies. Dinghies must not be left on the docks. They must be kept on board or in the water adjacent to the vessel as long as they do not impede access. Vessels over ten (1 0) feet are not considered dinghies.

13. No Environmental Damage. In the interest of the environment, no petroleum products shall be poured or pumped while vessels are within or tied to the Breakwater dock. No mixing, transferring or storage of petroleum products, whatsoever, will be permitted on Marina docks.

14. Compliance with Laws and Insurance. The Owner, at its expense, will promptly comply with and observe and will cause its agents, employees, contractors and invitees to comply with and observe all bylaws, ordinances, statutes, regulations and orders any time in force which are applicable to the use and occupation of the Marina and all policies of insurance from time to time in force with respect to the Owner's equipment or vessels within the Marina.

15. Pets. All pets must be kept on a leash and attended by their owner. Owners must clean up after their pets. Any damage caused by unattended pets is the responsibility of the Owner(s).

16. Children. Children, under the age of 13 years, are not allowed on Marina docks unless accompanied by an adult. Any damage caused by unattended children is the responsibility of the parent(s).

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17. Reporting requirements. Owners must immediately report to the Cow Bay Marina Manager:

a. when vessels will be away from their moorage for any extended period; and b. any change of address, telephone numbers or ownership of a vessel.

18. No Assignment or Subletting. The mooring space assigned to the Owner, or any space allocated to the Owner, shall not be sublet or assigned without the written consent of the City, which consent may be withheld at the City's sole discretion. A Mooring Agreement shall not be transferred or assigned by the Owner to another vessel or to a new owner thereof without the prior written consent of the City, which consent may be withheld at the City's sole discretion

19. Nature of Mooring Agreement. A Mooring Agreement is a revocable license only and any Owner's use and occupation of any portion of the Marina will not create or be deemed to create any interest in land in the Marina in the Owner's favour.

20. Renewal of Annual Mooring Agreements. In any year subsequent to the initial agreement year, an Annual Mooring Agreement will be automatically renewed if:

a. the Owner is not otherwise in breach of the terms of the Annual Mooring Agreement;

b. the Owner pays the full amount of the all applicable fees and charges required pursuant to Bylaw No. 3386, 2016 for the forthcoming year prior to December 31st, irrespective of whether an invoice has been issued to the Owner.

The City may require an Owner to execute a new form of Annual Mooring Agreement at the time of any renewal.

21. Cancellation of Mooring Agreements. The City reserves the right to cancel any Mooring Agreement and request that the Owner remove his/her vessel and all belongings from the Marina within forty-eight ( 48) hours, should the terms of the Mooring Agreement be breached, or, if the Owner or his guest(s) should act in a manner detrimental to the safe and proper operation of the Marina or to other tenants or surrounding area. The determination of such breach of the terms or unsafe conduct shall be in the sole discretion and opinion of the City and/or the Cow Bay Marina Manager.

22. Removal of Vessels upon Expiry or Cancellation of Mooring Agreement.

a. Upon the expiry or termination of an Annual Mooring Agreement, the Owner of the vessel shall remove his or her vessel from the Cow Bay Marina by no later than December 31st of that year.

b. Upon the expiry or termination of a Short Term Mooring Agreement or a Temporary Mooring Agreement, the Owner of the vessel shall remove his or her vessel from the Cow Bay Marina immediately.

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c. Where an Owner fails to remove a vessel from the Cow Bay Marina when required to do so, the City may, in addition to any other available remedies, impose an additional charge per day that the vessel remains in the Marina and the City may take all necessary steps to remove the vessel from the Marina and may seek recovery of all unpaid costs and expenses, including in addition to all other available remedies, by the legal remedy of distress of the Owner's goods and chattels, including the vessel.

23. Owners. The word "Owner" used in these conditions mean the person or persons or Company named in the applicable Mooring Agreement, notwithstanding that such person, persons is or are in fact legal owners of the vessel or boathouse described in such Mooring Agreement.

24. Notice. Any notices required to be given to the Owner pursuant to these conditions shall be sufficiently given if addressed to the Owner at the address set forth on the applicable Mooring Agreement (or at such other address as may be provided to the Marina in writing) and delivered to or mailed to that address. If mailed, notices shall be deemed and have been received three (3) days after the date of mailing.

25. No Advertising. No advertising or soliciting is permitted on any vessel using the Marina's facilities without the written permission of the City and/or the Cow Bay Marina Manager, which may be withheld at the City and/or Cow Bay Marina Manager's sole discretion.

26. Water. Water may be supplied free of charge provided it is, in the opinion of the Cow Bay Marina Manager, being used responsibly.

27. Conduct. Vessel owners, guests and servants must conduct themselves in a manner that is not detrimental to the safety of the Marina or its guests or interfere with the quiet enjoyment of others.

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SLIP CONDITION

I have inspected slip # and any damage has been indicated on the above diagram. If any damages are incurred by myself or my boat during the period of this rental agreement, I understand that I will be held responsible and incur the costs of repair.

Signed:. ________________ _

Date: _________________ _

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ScheduleD

Annual Mooring Agreement

BETWEEN:

City of Prince Rupert 209 Cow Bay Rd., BC V8J 1A4 (hereinafter called the Marina)

AND:

Owner(s) Name:-:-:--::----,--------------------------(hereinafter called the Owner)

Address: ______________ City: ________________ _

Postal Code: _________ _

Home Phone: _____________ Phone #2: _____________ _

E-mail: _________________________________ _

Name of Boat: ____________ _ Registration/License No.: ______ _

Insurance Provider: _______________ Exp. Date: __________ _

Marina Access:

Access to the marina is via a locked gate with coded Key FOBs. The FOBs are issued on a per use basis. The FOB must be returned in exchange for your deposit at the end of your contract.

Should the FOB not get returned:

1. The $40.00 deposit will not be returned.

2. The FOB gets turned off and will not function.

3. There will be a $15 re-activation fee to re-activate the old FOB.

4. The deposit requirement will increase to $50 for any FOB issued after one has not been returned.

I agree to the above terms Initial __ _

OFFICE USE ONLY

Customer #1 ____________ FOB# _____________ _

Customer#2 ____________ FOB# _____________ _

Slip # ______________ Deposit: ____________ _

FOB's returned:. ___________ _

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Slip No.: ______________ _

Moorage is based on OVERALL length of boat (includes dinghy, bowsprit, etc.), or length of berth, whichever is the greater.

Overall length or berth length = _______ feet.

1/We, the undersigned, hereby agree to lease the above berth number from the Marina for the period of:

Terms of Payment:

Moorage: $/ft x ft.=$ /mo x months+ GST ------ ~---- ----~ ----- -----= $. _______ _

Six (6).: ____________ = $ ______ /mo x ___ months + GST ____ _

=$ ---------

Transient: _______ $/ft x. ___ ft. =$. ____ ~/night x _____ nights + GST _____ _

=$ ·---------

Transient I Monthly I Seasonal I Annual Payment$. _______ _

For Annual Contract - payment required on day of signing agreement

Power 30Amp. _______ 50Amp. ______ 100Amp. ______ + GST ______ _

FOB Deposit Received: ____ YES ____ NO Amount$. ________ _

1/We further acknowledge that:

1/We have read and reviewed the Cow Bay Marina Mooring Rules and Regulations attached hereto as Appendix 1, which forms part of this Agreement, and hereby acknowledge my/our obligations under the Cow Bay Marina Mooring Rules and Regulations during the term of this Agreement.

Owner(s): --------------------------------

Marina Per:---------------------------------

Date Signed:. _________________________________ _

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Appendix 1








1. any breach or non-performance of the obligations of the Owner under the applicable Mooring Agreement;

ii. any loss or damage to property of the City howsoever caused by the use and occupation of the Marina by the Owner, its agents, employees, contractors, invitees and others for whom the Owner is in law responsible;

111. Any wrongful act or neglect of the Owner, its agents, employees, contractors, invitees and others for whom the Owner is in law responsible in or about the Marina or arising out of or in connection with the use of the Marina by the Owner or those for whom the Owner is in law responsible.

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5. City/Cow Bay Marina Manager Not Liable. Notwithstanding any other provision herein contained, neither the City nor the Cow Bay Marina Manager will be liable to an Owner or any agents, employees, contractors or invitees of an Owner for any personal injury or property damage or claims arising from or in connection with an Owner's use of the Marina. An Owner waives all rights it may have at law or at equity to claim against the City or the Cow Bay Marina Manager for damages or equitable relief of any nature or kind whatsoever.








e. under emergency conditions the City and/or the Cow Bay Marina Manager reserves the right to purchase fenders, new lines, or pump out the boat etc., to ensure the

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mooring safety of the vessel, at the Owner's expense and without prior notice to the Owner.









12. Dinghies. Dinghies must not be left on the docks. They must be kept on board or in the water adjacent to the vessel as long as they do not impede access. Vessels over ten (10) feet are not considered dinghies.

13. No Environmental Damage. In the interest ofthe environment, no petroleum products shall be poured or pumped while vessels are within or tied to the Breakwater dock. No mixing, transferring or storage of petroleum products, whatsoever, will be permitted on Marina docks.




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b. the Owner pays the full amount of the all applicable fees and charges required pursuant to Bylaw No. 3386, 2016 for the forthcoming year prior to December 31st, irrespective of whether an invoice has been issued to the Owner.



22. Removal of Vessels upon Expiry or Cancellation of Mooring Agreement.



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SLIP CONDITION

I have inspected slip# and any damage has been indicated on the above diagram. If any damages are incurred by myself or my boat during the period of this rental agreement, I understand that I will be held responsible and incur the costs of repair.

Signed: ________________ _

Date: _________________ _

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Schedule E

Short Term Mooring Agreement

Temporary Mooring Agreement

BETWEEN:

City of Prince Rupert 209 Cow Bay Rd., BC VBJ 1A4 (hereinafter called the Marina)

AND:

Owner(s) Name:-----------------------------(hereinafter called the Owner)

Address:-------------- City: ________________ _

Postal Code: _________ _

Home Phone: _____________ Phone #2: _____________ _

E-mail: _________________________________ _

Name of Boat:------------- Registration/License No.: ______ _

Insurance Provider: _______________ Exp. Date:-----------

Marina Access:

Access to the marina is via a locked gate with coded Key FOBs. The FOBs are issued on a per use basis. Do not allow anyone in or out of our Security Gates without an FOB Card or a Port Security person present. The FOB must be returned in exchange for your deposit at the end of your contract.

Should the FOB not be returned:

1. The $40.00 deposit will not be returned.

2. The FOB gets turned off and will not function.

3. There will be a $15 fee to re-activate the old FOB, if you find it.

4. The deposit requirement will increase to $50 for any FOB issued after one has not been returned.

I agree to the above terms Initial __ _

OFFICE USE ONLY

Customer #1 ____________ FOB# _____________ _

Customer#2 ____________ FOB# _________________ _

Slip#----------------- Deposit: _______________ _

FOB's returned: ___________ _

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Moorage is based on OVERALL length of boat (includes dinghy, bowsprit, etc.), or length of berth, whichever is the greater.

Overall length or berth length = _______ feet.

1/We, the undersigned, hereby agree to lease the above berth number from the Marina for the period of:

Terms of Payment:

Transient: ____ $/ft x. ____ f.t. =$ ___ --'/night x ____ nights

Total=$. _______ + Tax. ___ _ Total=$ _____ _

Power 30Amp. ___ 50Amp ___ 100Amp ___ = $ ______ _

Total$. _____ _

1/We acknowledge that:

1/We have read and reviewed the Cow Bay Marina Mooring Rules and Regulations attached hereto as Appendix 1, which forms part of this Agreement, and hereby acknowledge my/our obligations under the Cow Bay Marina Mooring Rules and Regulations during the term of this Agreement.

Owner(s): --------------------------------

Marina Per:---------------------------------

Date Signed: ________________________________ _

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Appendix 1








i. any breach or non-performance of the obligations of the Owner under the applicable Mooring Agreement;

ii. any loss or damage to property of the City howsoever caused by the use and occupation of the Marina by the Owner, its agents, employees, contractors, invitees and others for whom the Owner is in law responsible;

111. Any wrongful act or neglect of the Owner, its agents, employees, contractors, invitees and others for whom the Owner is in law responsible in or about the Marina or arising out of or in connection with the use of the Marina by the Owner or those for whom the Owner is in law responsible.

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5. City/Cow Bay Marina Manager Not Liable. Notwithstanding any other provision herein contained, neither the City nor the Cow Bay Marina Manager will be liable to an Owner or any agents, employees, contractors or invitees of an Owner for any personal injury or property damage or claims arising from or in connection with an Owner's use of the Marina. An Owner waives all rights it may have at law or at equity to claim against the City or the Cow Bay Marina Manager for damages or equitable relief of any nature or kind whatsoever.








e. under emergency conditions the City and/or the Cow Bay Marina Manager reserves the right to purchase fenders, new lines, or pump out the boat etc., to ensure the

59


mooring safety of the vessel, at the Owner's expense and without prior notice to the Owner.









12. Dinghies. Dinghies must not be left on the docks. They must be kept on board or in the water adjacent to the vessel as long as they do not impede access. Vessels over ten (10) feet are not considered dinghies.

13. No Environmental Damage. In the interest ofthe environment, no petroleum products shall ~e poured or pumped while vessels are within or tied to the Breakwater dock. No mixing, transferring or storage of petroleum products, whatsoever, will be permitted on Marina docks.




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b. the Owner pays the full amount of the all applicable fees and charges required pursuant to Bylaw No. 33 86, 2016 for the forthcoming year prior to December 31st, irrespective of whether an invoice has been issued to the Owner.



22. Removal ofVessels upon Expiry or Cancellation of Mooring Agreement.



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SLIP CONDITION

I have inspected slip # and any damage has been indicated on the above diagram. If any damages are incurred by myself or my boat during the period of this rental agreement, I understand that I will be held responsible and incur the costs of repair.

Signed: ________________ _

Date: _________________ _

regular council meeting agenda - march 7, 2016

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