REGIONAL DISTRICT of NORTH OKANAGAN REPORT
File No.: 6140.12.03 Paddlewheel Park
TO: Greater Vernon Advisory Committee
FROM: Parks, Recreation and Culture
DATE: May 5, 2016
SUBJECT: Paddlewheel Park Picnic Shelter
RECOMMENDATION:
THAT it be recommended to the Board of Directors a grant of $24,670 to Okanagan Landing and District Community Association be approved to fund the construction of the 20’ x 30’ picnic shelter in Paddlewheel Park subject to:
1) The remaining sources of funding for the construction of the picnic shelter be secured; 2) The picnic shelter be owned and maintained by the Okanagan Landing and District Community Association; 3) The existing agreement between the Regional District of North Okanagan and the Okanagan Landing and District Community Association be amended accordingly to clearly outline the responsibilities of each party.
AND FURTHER THAT project funds be allocated from the remaining balance of the Greater Vernon Arts, Culture and Youth Project Grant budget.
AND FURTHER THAT $5,000 be allocated from 060 operating reserves and included in the 2016 Financial Plan for irrigation and landscape repair following the construction of the shelter.
SUMMARY:
Following a delegation by the Okanagan Landing and District Community Association at the April 7, 2016 GVAC Regular meeting the resolution listed under “DISCUSSION” was passed. Consistent with the direction from the Board, staff are bringing forward additional information on the details of the proposed picnic shelter and additional relevant background information on the agreement between the RDNO and the OKLDCA.
The proponent has secured several different funding sources and in-kind donations from the community for the construction of the proposed picnic shelter, the total project costs (including funds requested by the RDNO is as follows):
FUNDING SOURCES Organization Funding Amount Kalamalka Rotary $15,000 Report to: Greater Vernon Advisory Committee File No.: 6140.12.03 Paddlewheel Park From: Parks, Recreation and Culture Date: May 5, 2016 Re: Paddlewheel Park Structure Page 2 of 4
Community Foundation of North Okanagan $10,000 (to be confirmed) Regional District of North Okanagan $25,000 Consulting (Geotechnical) Jerry Lay In-kind Geotechnical Services TOTAL PROJECT COST $50,000
CONSTRUCTION / CONSULTANTS Item Contractor / Consultants Consulting (Geotechnical) Jerry Lay (P.Eng) Consulting (Structural) Okanagan Timber Frame Common Excavation Ray Klinger Import Base Gravels Postill / Nixon Earthworks (to be confirmed) Concrete Slab Elroy Steiner, Steiner L Construction Ltd. Shelter Structure Okanagan Timber Frame
Staff have also met with the OKLDCA on the location of the proposed shelter which is shown on Attachment “B”. Additional information on the form and character of the shelter is included in Attachment “C”.
DISCUSSION:
At the April 18, 2016 Board of Directors meeting the following resolution was adopted:
Moved and seconded by Directors Cunningham and Fleming That staff be directed to meet with the Okanagan Landing and District Community Association and report back to the Greater Vernon Advisory Committee to confirm the following with regard to construction of a proposed 20 foot by 30 foot covered picnic shelter at Paddlewheel Park:
− Total cost of the building and contribution required from the Regional District − Options for providing funding − Form and character of structure − Location of structure. CARRIED
In the current agreement between the RDNO and the OKLDCA both parties have mutually agreed to consult one-another on any new structures placed within each-other’s land, Attachment “A”. The expected outcome of the agreement consulting between parties is to help ensure cohesive park development when projects arise.
As this project is being driven by the OKLDCA, and the picnic shelter is located on Landing Association Property, it is understood that the structure would (upon the completion of construction) become the property of the OKLDCA and as such they would be responsible for the maintenance and operation associated with the picnic shelter.
To ensure the proposed shelter meets requirements related health, welfare and safety of the public the project will include geotechnical, structural and work performed on-site will be carried out by contractors licensed in the City of Vernon. RDNO staff have also met with the OKLDCA on-site and have come up Report to: Greater Vernon Advisory Committee File No.: 6140.12.03 Paddlewheel Park From: Parks, Recreation and Culture Date: May 5, 2016 Re: Paddlewheel Park Structure Page 3 of 4
with an agreement on the location for the shelter in the best interests of sightlines into the park and public usage.
As a partner to the Lease Agreement the Regional District would expect that during the construction project the contractors engaged by the OKLDCA would conduct in a professional work-like manner and upon completion of the project the OKLDCA keep the picnic structure in a well maintained state consistent with other picnic shelter structures and buildings within the Greater Vernon service area.
BACKGROUND/HISTORY:
• The Regional District and the Okanagan Landing Association have been in a partnership agreement to manage Paddlewheel Park since 1981.
• Part of Paddlewheel Park is owned by the Okanagan Landing and District Association and part of the park is owned by the RDNO, Attachment “A”.
• Both parties renewed an agreement which commenced in January 14, 2009 the details of which are as follows:
• Five (5) year term from commencement on January 14, 2009 and four (4) further renewals of five (5) years at same conditions in the agreement.
• The Regional District will retain responsibility for maintenance and appearance of the buildings, launching ramp and playground equipment which are on the premises.
• The Regional District is not responsible for the Landing Hall, Stationhouse, Caretakers Residence and three (3) NOSA Buildings located within the NOSA lease area between the OKLDCA and the North Okanagan Sailing Association.
• The OKLDCA shall continue to make the park available for the use of the public as a community park.
• The Regional District may, at its expense, improve or make modifications to the park including construction and installation of recreational equipment and facilities from time to time. All improvements shall be subject to the owner’s written approval, which shall not be unreasonably withheld by the owner.
• The Regional District may charge a fee for users of the boat launch located in the park provided such a fee is consistent with the fee charged by the Regional District at other similar facilities operated by the Regional District within Greater Vernon.
• The OKLDCA shall not expand or add to the buildings without written consent of the Regional District, which consent shall not be unreasonably withheld.
• The OKLDCA shall be responsible for all necessary snow removal in respect of the parking lot.
• The parties agree that the parking lot should be paved at some time in the future to reduce dust, oil stains in the buildings, particularly Paddlewheel Park Community Hall. At a later time determined Report to: Greater Vernon Advisory Committee File No.: 6140.12.03 Paddlewheel Park From: Parks, Recreation and Culture Date: May 5, 2016 Re: Paddlewheel Park Structure Page 4 of 4
at the discretion of the Regional District, the Regional District will, at its expense, pave the parking lot to a standard consistent with those then prevailing in similar parks within Greater Vernon area.
• The parties agree that it is their mutual intent to, at some time in the future, remove the caretaker's house from the lands. Upon removal of the caretaker's house, the land upon which the caretaker's house is presently situated shall remain free of buildings to allow an unobstructed view and passageway to the park from the parking lot. When the caretaker's house is removed, the parties would attempt to make arrangements for continued security.
FINANCIAL/BUDGETARY CONSIDERATIONS:
Project funds would be allocated from the remaining balance of the Greater Vernon Arts, Culture and Youth Project Grant budget or alternatively, 060 Operating Reserves.
The Greater Vernon Arts, Culture and Youth Project Grant Budget 2016 is $66.000. Current unallocated funds within the grant program are $44.500.
ATTACHMENTS:
• Attachment "A" Property Ownership • Attachment "B" Shelter Location • Attachment "C" Shelter Drawings • Attachment "D" Shelter Budget Estimate • Attachment "E" Paddlewheel Park and Boat Launch Agreement
Submitted by:
Reviewed and Endorsed by:
Stephen Banm 'rf General Mana er, Finance Regional District of North Okanagan Mapping Site
Legend Notifications Evacuation Alert
Evacuation Order
Evacuation Order Rescinded - Area remains on Alert Fire Boundary Fire Perimeter Area B CAD Lines Easement RW
Electrical RW
Gas RW
GVW RW
Railway RW
Roadway RW
Utility RW
GV Parks RW
LUC
Prop_SRW
Creeks
Hooks
LD_DL_LS
Lease Lot
Lot Lines
River
Strata Lot
Strata Rd
Stream
Swamp
Trailer Lot
Trailer Rd
TWP_RGE_LINE
Water Body
Int Bdry
Des Area Bdry
IR Bdry
Park Bdry
Regional Bdry
Trails ATTACHMENT "A" Text Leaders
High Water Mark Area C CAD Lines Easement RW
Electrical RW
Gas RW 1: 1,244 GVW RW
Railway RW This map is a user generated static output from an Internet mapping site and 63.2 0 31.59 63.2 Meters Notes Roadway RW is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Utility RW NAD_1983_UTM_Zone_11N © Regional District of North Okanagan Date and Time Printed: 3/10/2016 6:37 AM THIS MAP IS NOT TO BE USED FOR NAVIGATION GV Parks RW Regional District of North Okanagan Mapping Site
Legend Notifications Evacuation Alert
Evacuation Order
Evacuation Order Rescinded - Area remains on Alert Fire Boundary Fire Perimeter Roads Parcels ATTACHMENT "B"
1: 1,067 Notes
54.2 0 27.11 54.2 Meters This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. NAD_1983_UTM_Zone_11N © Regional District of North Okanagan Date and TIme Printed: 4/25/2016 2:48 PM THIS MAP IS NOT TO BE USED FOR NAVIGATION ATTACHMENT "C"
PROJECT PERSPECTIVE DRAWING: A001 MQN PROJECT: PROMO A R C H I T E C T S PADDLE WHEEL PARK - PICNIC SHELTER DATE: 2015/09/25 7801 OKANAGAN LANDING ROAD, VERNON, BC SCALE: R:\2015 Proposals\2015-09-23 Rotary Timber Frame Picnic Shelter\Rotary Timber Frame Picnic Shelter.rvt Picnic Frame Timber Shelter\Rotary Picnic Frame Timber Rotary Proposals\2015-09-23 R:\2015 - BY: CHECKED - PH BY: DRAWN 2 1 2 A501 3 4
30'-0" OUT TO OUT OF SOG. 3'-0" 24'-0" 3'-0" 8'-0" 8'-0" 8'-0"
C.J. C.J. 7'-4 1/2" CLEAR C.J. C.J. 2'-4"
A C.J. C.J. C.J. C.J. C.J. A
STAINED 8"x8" P/T TIMBER COLUMN RETRACTABLE BUG SCREEN, TYP. ON 12" Dia. CONCRETE PIER, TYP. BUILDER SPEC.
7'-8" C.J. C.J. C.J. C.J.
1 C.J. C.J. C.J. C.J. C.J. 1 15'-4" A501 A501 14'-8 1/2" CLEAR 1/2" 14'-8 20'-0" OUT TO OUT OF SOG. OF OUT TO OUT 20'-0"
C.J. C.J. C.J. C.J. 7'-8"
24" DIAMOND CONTROL CUT AROUND COLUMN, TYP. 20'x30' CONCRETE SLAB ON GRADE C/W THICKENED EDGE B C.J. C.J. C.J. C.J. C.J. B 2'-4" C.J. C.J. C.J. C.J.
2 ATTACHMENT "C" 1 2 A501 3 4
FLOOR PLAN DRAWING: A201 MQN PROJECT: PROMO A R C H I T E C T S PADDLE WHEEL PARK - PICNIC SHELTER DATE: 2015/09/25 7801 OKANAGAN LANDING ROAD, VERNON, BC SCALE: 1/4" = 1'-0" R:\2015 Proposals\2015-09-23 Rotary Timber Frame Picnic Shelter\Rotary Timber Frame Picnic Shelter.rvt Picnic Frame Timber Shelter\Rotary Picnic Frame Timber Rotary Proposals\2015-09-23 R:\2015 Checker BY: CHECKED - Author BY: DRAWN 2 1 1 2 A501 3 4 A A501 B
30'-0" 20'-0" 3'-0" 24'-0" 3'-0" 2'-4" 15'-4" 2'-4" 8'-0" 8'-0" 8'-0" CEDAR SHAKE ROOFING CEDAR SHAKE ROOFING 4"x8" TIMBER ROOF TRUSSES REFER TO STRUCTURAL 4"x8" TIMBER TOP CHORD ONLY @ ROOF END 4" / 12"
U/S ROOF TRUSS 8'-0"
FIXED MESH PANELS PTD. 1"x10" FASCIA BOARD PTD. 1"x4" FASCIA BOARD PTD. 1"x10" FASCIA BOARD @ TRUSS SPACE
RETRACTABLE BUG SCREEN BUILDER SPEC. RETRACTABLE BUG SCREEN BUILDER SPEC. SCREEN GUIDES ON COLUMN FACE MAIN FLOOR 0"
U/S FOOTING -4'-0"
2 1 A501 A501
1 LONG ELEVATION 2 SHORT ELEVATION ATTACHMENT "C"
ELEVATIONS DRAWING: A401 MQNi PROJECT: PROMO I N T E R I O R S PADDLE WHEEL PARK - PICNIC SHELTER DATE: 2015/09/25 7801 OKANAGAN LANDING ROAD, VERNON, BC SCALE: 1/4" = 1'-0" R:\2015 Proposals\2015-09-23 Rotary Timber Frame Picnic Shelter\Rotary Timber Frame Picnic Shelter.rvt Picnic Frame Timber Shelter\Rotary Picnic Frame Timber Rotary Proposals\2015-09-23 R:\2015 Checker BY: CHECKED - Author BY: DRAWN 2 1 1 2 A501 3 4 A A501 B
30'-0" 20'-0" 3'-0" 8'-0" 8'-0" 8'-0" 3'-0" 2'-4" 15'-4" 2'-4" 3 2'-0" 2'-0" 2'-0" 2'-0" 2'-0" 2'-0" 2'-0" 2'-0" 2'-0" 2'-0" 2'-0" 2'-0" A501 ROOF ASSEMBLY 4"x8" TIMBER ROOF TRUSSES CEDAR SHAKE ROOFING REFER TO STRUCTURAL UNDERLAYMENT 3/4" PLYWOOD SHEATHING 4" / ENGINEER APPROVED ROOF TRUSSES 12"
4 U/S ROOF TRUSS 8'-0" A501 STAINED 8"x8" P/T TIMBER HEADER FIXED MESH PANELS REFER TO STRUCTURAL PTD. 1"x10" FASCIA BOARD FIXED MESH PANELS OVER 2"x6" BACKER STAINED 8"x8" P/T TIMBER STAINED 8"x8" P/T TIMBER 4"x8" TIMBER ROOF TRUSSES STAINED 8"x8" P/T TIMBER KNEE BRACES @ TRUSS SPACE HEADER, KNEE BRACES, @ 24" O.C. (EXPECT ENDS) REFER TO STRUCTURAL REFER TO STRUCTURAL TYP. ALL AROUND, REFER TO STRUCTURAL REFER TO STRUCTURAL STAINED 8"x8" P/T TIMBER COLUMN REINFORCED 5" CONCRETE REFER TO STRUCTURAL SLAB, BROOM FINISH, STAINED 8"x8" P/T TIMBER REINFORCED 5" CONCRETE SLAB, ON 6" BACKFILL COLUMN, BROOM FINISH, ON 6" BACKFILL REFER TO STRUCTURAL PTD. KNIEF PLATE CONNECTOR REFER TO STRUCTURAL REFER TO STRUCTURAL PTD. KNIEF PLATE CONNECTOR @ COLUMN / PIER @ COLUMN / PIER REFER TO STRUCTURAL REFER TO STRUCTURAL MAIN FLOOR 0" 12" 12"
12" 12" THICKENED SLAB EDGE, 12" Dia. CONCRETE PIER THICKENED SLAB EDGE, 12" Dia. CONCRETE PIER TYP. ALL AROUND TO U/S SLAB TYP. ALL AROUND TO U/S SLAB REFER TO STRUCTURAL REFER TO STRUCTURAL REFER TO STRUCTURAL REFER TO STRUCTURAL U/S FOOTING -4'-0"
2 1 A501 A501 CEDAR SHAKE ROOFING 1 LONG SECTION CEDAR SHAKE ROOFING 2 SHORT SECTION SCALE: 1/4" = 1'-0" BUILDING PAPER - UNDERLAYMENT SCALE: 1/4" = 1'-0" BUILDING PAPER - UNDERLAYMENT 3/4" PLAYWOOD SHEATHING PTD. METAL DRIP EDGE 3/4" PLAYWOOD SHEATHING PTD. METAL DRIP EDGE 2"x6" BACKER PTD. 1"x4" FASCIA BOARD PTD. 1"x10" FASCIA BOARD 4"x8" TIMBER ATTACHMENT "C"
3 ROOF EDGE DETAIL 1 4 ROOF EDGE DETAIL 2 SCALE: 1 1/2" = 1'-0" SCALE: 1 1/2" = 1'-0"
SECTIONS & DETAILS DRAWING: A501 MQN PROJECT: PROMO A R C H I T E C T S PADDLE WHEEL PARK - PICNIC SHELTER DATE: 2015/09/25 7801 OKANAGAN LANDING ROAD, VERNON, BC SCALE: As indicated R:\2015 Proposals\2015-09-23 Rotary Timber Frame Picnic Shelter\Rotary Timber Frame Picnic Shelter.rvt Picnic Frame Timber Shelter\Rotary Picnic Frame Timber Rotary Proposals\2015-09-23 R:\2015 Checker BY: CHECKED - Author BY: DRAWN ATTACHMENT "D"
HEAD OFFICE & MANUFACTURING PLANT 5391 - 48TH AVE. SE, SALMON ARM, BC, CANADA V1E 1X2 TEL - (250) 832-4577 FAX - (250) 832-4575
****** Budget Estimate ******
Project Name: Ok Landing picnic shelter Location: Paddlewheel park Vernon B.C. Client Name: Val Heuman Date: September 25 2015
Timber Frame Services and Materials to Include:
1.0 Timber Frame Design Services to include: Development of 3D timber design and supporting structures. Drawings for timber fabrication and engineering review. Final Plans to be Issued for Construction (IFC). Plans issued in PDF format.
2.0 Timber Frame Structural Engineering Timber frame to be engineered by a Professional Engineer. Plans and Calculations stamped for the Province of BC. Timber Frame Engineering for Dead and Live (Vertical) loads. Foundation, Lateral, and Conventional Framing design.
3.0 Timber Frame Package Timber Spec's: D. fir, #1 Appearance Grade, Green, Boxed Heart & FOHC All material will be pre-cut planed and sanded smooth - ready for erection. All hardwood (oak) dowels are included. All members to receive one coat clear protective sealer. Not a final coat.
4.0 T&G Decking 2x6 SPF T&G decking
Continued on Next Page… Page 1 of 2 ATTACHMENT "D"
HEAD OFFICE & MANUFACTURING PLANT 5391 - 48TH AVE. SE, SALMON ARM, BC, CANADA V1E 1X2 TEL - (250) 832-4577 FAX - (250) 832-4575
****** Budget Estimate ******
Other Items - Not included in Estimate Totals payable by the client
Foundations, Slab. building permit, building permit schedules, site inspections. Roofing materials and installation.
Scope of Work
Architectual and Structural Design. 3D, Timber Frame Supply and Maufacture. 2x6 T&G over timber structure (SPF) Installation is included (raise frame install decking) Crane is included
CDN Dollars
1.0 Timber Frame Design Services Price …………………………………………..…………………… Incl 3.0 2.0 Timber Frame Structural Engineering Price …………………………………………..………………………..…………..…………..Incl 3.0 3.0 Timber Frame Package (Supply Only) Price (FOB, Plant - Salmon Arm, BC) …………………………………………..………………………..…………..………….. $30,348.01 4.0 T&G Decking Price (FOB, Plant - Salmon Arm, BC) …………………………………………..………………………..…………..…………..Incl 3.0 6.0 Freight Estimate (to be confirmed) Timber frame & other products………………………………………………. $304.00
Subtotal $30,652.01 PST $2,145.64 GST $1,532.60 Total Price…………………………………………..………………………..…………..………….. $34,330.25
Page 2 of 2 ATTACHMENT "E"
PADDLEWHEEL PARK & BOAT LAUNCH AGREEMENT
l' I nl . . This Agreement made as of the 1 '17 -- day of "//}(1/(,Ji//'V, 2009 .
BETWEEN:
OKANAGAN LANDING AND DISTRICT COMMUNITY ASSOCIATION 7813 Okanagan Landing Road VERNON, British Columbia VlH 1H2
("Owner")
AND:
REGIONAL DISTRICT OF NORTH OKANAGAN 9848 Aberdeen Road COLDSTREAM, British Columbia VlB 2K9
("Regional District")
WHEREAS:
A. The "Owner" is the registered owner in fee simple of those lands and buildings located in Vernon, British Columbia which are commonly known as Paddlewheel Park, the legal description of which is as follows:
Parcel Identifier: 011-179-520 That Part District Lot 6, Shown Outlined in Red on Plan B7940 ODYD
("The Lands") (Schedule "A"),
B. The Owner wishes to enter into an agreement that preserves Paddlewheel Park beach and launching ramp for the use of the community residents and their guests and the Owner also wishes to continue to provide a community hall and recreation area for the community residents; and
C. The Regional District wishes to provide a park, beach, and launching ramp for the public at the site commonly known as Paddlewheel Park.
IN CONSIDERATION of the premises and the mutual covenants and agreements contained in this Agreement, the pmiies agree each with the other as follows: ATTACHMENT "E"
1.0 DESCRIPTION OF THE PREMISES:
1.1 The "Premises" when referred to in this agreement shall mean the Lands, but shall specifically exclude:
(a) the "Buildings" meaning those buildings situated on the Lands and commonly referred to as the Okanagan Landing and Community Hall, the Stationhouse, the caretaker's residence and the three (3) buildings commonly known as the North Okanagan Sailing Association (NOSA) buildings, and the docks in the area outlined in red on Schedule "B"; and
(b) that pati of the Lands outlined in red on Schedule "B" attached hereto to this Agreement.
2.0 TERM OF THE AGREEMENT:
2.1 The term of this Agreement shall be for five (5) years from the commencement date. The commencement date shall be January 14 , 2009 (Commencement Date").
2.2 Provided that the Regional District is not in default under any provision of this Agreement, the Owner will, at the expiration of the first term, grant to the Regional District four ( 4) further renewals of this Agreement for further terms of five ( 5) years each from the end of the term, hereby granted on the same terms and conditions as set out in this Agreement.
3.0 USE OF THE PREMISES:
3.1 The Regional District shall restrict its use of the Premises to a community park, beach and boat launch.
3 .2 The Regional District may consider charging a fee for users of the boat launch in the future. If such a fee is considered, it would be consistent with other boat launches within the Regional District's operation.
3.3 'l'he Regional District and the Owner both understand that the Owner has an agreement with NOSA, attached as schedule "C", for the use of buildings and grounds on the Lands which are not pmi of this Agreement,
4. 0 MAINTENANCE AND IMPROVEMENTS:
4.1 The Regional District shall maintain the Premises in a clean and tidy condition fit for use by the public as a park and within the standards then prevailing for other similar parks and trails within the Greater Vernon area.
4.2 The Regional District may, at its own expense, improve or make modifications to the Premises including the construction and installation of recreational equipment and facilities from time to time. All improvements shall be subject to the Owner's written approval, such approval is not to be unreasonably withheld.
2 ATTACHMENT "E"
4.3 The parties both agree that the boat launch ramp located on the foreshore is in need of improvement. The Regional District will, at some time in the future, extend the boat launch ramp further out into Okanagan Lake to improve the depth of the water so that boats may be launched safely from March to November of each year.
4.4 The Regional District will retain responsibility for maintenance and appearance of the buildings, launching ramp and playground equipment which are on the Premises.
4.5 The Regional District will be responsible for maintenance of all the buoys, docks, and underwater hazards located on the Premises.
4.6 The Regional District will be solely responsible for the maintenance ofthe parking lot ("Parking Lot") on the northeast side of the Premises in particular from March through November, and shall attempt to reduce the dust levels and potholes as much as possible.
4.7 The Owner shall be responsible for the snow removal on the Parking Lot.
4.8 The Regional District shall be responsible for arranging for appropriate lighting to be provided to the Parking Lot and paying for electricity costs incurred in providing such lighting year round.
4.9 The parties agree that the Parking Lot should be paved at some time in the future. At a later time to be determined at the discretion of the Regional District, the Regional District will, at its expense, pave the Parking Lot to a standard consistent with those then prevailing in similar parks within Greater Vern on area.
5.0 BUILDING EXPANSION:
5.1 The Owner shall not expand or add to the Buildings on the Lands without the written consent of the Regional District, such consent to not be unreasonably withheld.
6.0 _INGRESS and EGRESS:
6.1 The Owner shall retain the right of access across the Premises at any time to gain ingress and egress to the Buildings and grounds. The Owner shall also retain the privilege of using the Parking Lot for itself and others it authorizes at all times.
7.0 PUBLIC LIABILITY:
7.1 The Regional District shall, at its costs, take out and keep in force public liability and property damage insurance including personal liability insurance, with respect to the Premises and the Regional District's use of the Premises and all risk ofthe Regional District, or its employee and invitees, while on the Premises, and such policy shall be for an amount not less than TWO MlLLION ($2,000,000.00) DOLLARS for any one occurrence or claim or such higher amount as the Owner, acting reasonably, requires from time to time and shall include the Owner as an additional insured.
3 ATTACHMENT "E"
7.2 The Owner shall during the Term, at its costs, take out and keep in force public liability and property damage insurance including personal liability insurance, with respect to the Buildings, the Lands not included in the Premises (outlined in red in Schedule "B" attached hereto) and the Owner's use ofthe Buildings and Lands not included in the Premises and all risk of the Owner, or its employee and invitees, while in the Buildings or on the Lands not included in the Premises and such policy shall be for an amount not less than TWO MILLION ($2,000,000.00) DOLLARS for any one occunence or claim.
7.3 Copies of these policies shall be provided to either party by the other upon request.
8.0 INDEMNIFICATION:
8.1 The Owner shall indemnify and save harmless the Regional District, City of Vernon, and The District of Coldstream from and against any and all liabilities, damages, costs, claims, suits or actions arising out ofthe Buildings and the Owner's use of the Buildings and, without limiting the generality of the foregoing, the Owner shall indemnify and save harmless the Regional District, City of Vernon, and the District of Cold stream from and against any and all liabilities, damages, costs, claims, suits or actions arising out of:
(a) any breach, violation or non-performance of any covenant, condition or agreement in this Agreement to be performed by the Owner;
(b) any damage or injury to property of the Regional District while authorized users of the Buildings are on the Lands; and
(c) except where caused by the act or omission of the Regional District or the Regional District's employees, licensees, agents or invitees, any damage or it~ury to any property or to any person, including death, resulting at any time therefrom, occurring in or about the Buildings.
This indemnity shall survive the expiry or sooner determination ofthe Term.
8.2 The Regional District, the City ofVernon, and the District ofColdstream shall indemnify and save harmless the Owner from and against any and all liabilities, damages, costs, claims, suits or actions arising from the Regional District's use of the Lands and, without limiting the generality of the foregoing, the Regional District shall indemnify and save harmless the Owner from and against any and all liabilities, damages, costs, claims, suits or actions arising out of:
(a) any breach, violation or non-performance of any covenant, condition or agreement in this Agreement to be performed by the Regional District;
(b) any damage or injury to property of the Owner by users of the Park; and
(c) except where caused by the act or omission ofthe Owner or the Owner's employees, licensees, agents or invitees, any damage or injury to any property or to any person, including death, resulting at any time therefrom, occurring in or about the Premises;
This indemnity shall survive the expiry or sooner determination of the Term. 4 ATTACHMENT "E"
9.0 TAXES AND OTHER COSTS:
9.1 In the event any taxing or school authority levies any taxes, levies, rates or assessments (collectively referred to as "Taxes") on the Lands or on any improvements and buildings now or hereafter located on the Lands or on the Owner in respect thereof, the Regional District shall pay all such Taxes and shall indemnify and save harmless the owner against payment of such Taxes. The caretaker's residence shall be taxed separately.
9.2 Notwithstanding section 9.1, ifthe Lands become subject to the payment ofTaxes any increase in Taxes as a result of additional improvements by the Owner to the lands or Buildings after the date of this Agreement will be the responsibility of the Owner. For greater ce1tainty, such additional improvements shall not include the completion ofthe Stationhouse.
9.3 The Regional District shall indemnify the Owner with respect to any costs associated with the foreshore license, including any taxes connected or relating to the foreshore license.
9.4 Subject to paragraph 4.8, the Owner shall be responsible for the payment of any and all utilities which are separately metered to the Buildings, including sewer, water and garbage removal charges.
10.0 ACCESS AND DESIGN:
10.1 The Regional District agrees to obtain the written permission ofthe Owner to change the design of the Premises, such as where the p<1rking lots, park areas, swim areas, launching ramp, fences and dock are, such permission to not be unreasonably withheld.
10.2 The Regional District agrees to obtain the written permission of the Owner to erect any signage on the Premises, with the exception of directional signs, such permission to not be unreasonably withheld.
11.0 COVENANTS AND CONDITIONS:
In all cases the Owner and the Regional District agree to abide by the spirit of the Agreement which is that the Regional District (or the City ofVernon or other successors or assigns) is agreeing to use the Premises in order to provide a park, beach & launch for the community residents on the terms that it will maintain the Premises in an acceptable way to the Owner and will indemnity and save harmless the Owner from paying taxes or other prope1iy charges during the term of the agreement as outlined in paragraph 9. Also all terms, covenants and conditions set fmih and contained in this Agreement shall remain unchanged and continue to have full force and effect during the term of the Agreement, except in the case of paragraph 13.
12.0 NOSA:
The Owner and the Regional District understand that NOSA is currently under a 25 year lease (initiated in December 2002) with the Owner and that all pmis of this Agreement shall not conflict with what has already been agreed to with NOSA by the Owner. This Agreement shall be interpreted and applied in such a manner as not to conflict with the NOSA agreement, attached as Schedule "C". 5 ATTACHMENT "E"
13.0 AMENDMENTS:
The Owner and the Regional District agree that in the event that an amendment to this Agreement is desired by either party during the term of this lease, that the amendment may only be implemented if both the Owner and the Regional District agree to the amendment and that it is in the spirit of this Agreement.
14.0 SECURITY:
The Regional District shall be responsible for security at the Premises and especially at the boat launch and shall be responsible for locking and unlocking the park security gates. The Owner shall always be provided with a key to open the park gates to allow unrestricted ingress and egress.
15.0 SECURITY AND CARETAKER'S RESIDENCE:
The Owner and the Regional District agree that, at some time in the future, they both desire the caretaker's residence to be removed from the Lands. Upon removal of the caretaker's residence, the land upon which the caretaker's residence is presently situated shall remain free of buildings to allow an unobstructed view and passageway to the park from the parking lot. When the residence is removed, the Regional District and the Owner will attempt to make arrangements for continued security.
16.0 BINDING EFFECT:
This Agreement and the terms, covenants and conditions herein contained shall enure to the benefit of and be binding upon the parties, and their respective heirs, executors, administrators, successors, assigns or governing body.
17.0 IJi;GA_LITY:.
Should any provision of the Agreement be illegal or not enforceable, such provision shall be considered separate and several from this Agreement and the remaining provisions of this Agreement shall remain in force and be binding upon the parties as though the illegal or unenforceable provision had never been included.
18.0 ENTIRETY:
This Agreement constitutes the entire agreement among the p311ics with respect to the transactions herein contemplated and cancels and supercedes any prior agreements between the parties.
6 ATTACHMENT "E"
IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals and/or signatures of their duly authorized offices in that behalf ofthe City ofVernon, Province of British Columbia the day and year first written above.
OKANAGAN LANDING ANl,),,DISTRICT COMMUNITY ASSOCIATION
Per:
Per:
REGIONAL DISTRICT OF NORTH OKANAGAN
Per: Eri..c F6st~r;:Ch;::ui·, Regional Board
Per: (~9t2/)(1Lt~J,GJ~ ~ 6dy Anderson, Corporate Officer (/
7 I !A ATTACHMENT "E" ] :~ r~ ~ ·t 0 . d) r r:§1 J ")/. 0 \J ·<3 clr."- CL(),~Oiz Q J 4 I ; 0 ' ~ ·' (it( '~ J· . ' 0 \'11 '71 ~ - ~~ ~ A r 1 ~ Qi \ 0,. ..r d .... ~ \9 "1j 1J(:.,2}g(IOJJ "fVO V:,t/:9)' j ?3(j f :>?to~o ATTACHMENT "E" Schedule C NOSA Agreement (see attached) ATTACHMENT "E" LEASE AGREEMENT between OKANAGAN LANDING & DISTRicr COMMUNITY ASSOC. And NORTH OKANAGAN SAILING ASSOCIATION SEPTEMBER, 2002 THIS INDENTURE made in duplicate the 3o1'- BETWEEN: OKANAGAN LANDING & DISTRICT COMMUNITY ASSOCIATION, a society incorporated under 1·he laws of the Province of British Columbia having an office at 7813 Okanagan Landing Road, Vernon British Columbia, VlH 1H2 ( hereinafter called the " Lessor" ). Of THE FIRST PART AND: THE NORTH OKANAGAN SAILING ASSOCIATION, a non profit club, whose mailing address is, P.O. Box 4, Vernon, V1T 6M1 (heteinafter called the "Lessee") Of THE SECOND PART WHEREAS: a. The lessee wishes to continue to lease land and buildings located on property owned by the lessor and, b. The lessor~ wishes to enter into a written o.greement few continued use of the said land and buildings, ATTACHMENT "E" Page 2 OlDCA and NOSA LEASE AGREEMENT NOW THEREFORE WITNESSETH that each of the parties agrees to the following: 1. LAND AND BUILDINGS: The land to be leased by the lessee from the lessor is described by the area outlined in attachment 1. The buildings to be leased by the lessee from the lessor includes a log building on the south side of the leased land (presently used as a" clubhouse"), a smaller building just to the north of the clubhouse (presently used as a storage building and as a sailing instructor's summer residence), and a third building just to the north of the second building which is presently used to store sails and boat parts. 2 .. TERN\ and COST Oi~ THE LEASE: The lease shall exist few a tertn of 25 years, beginning on January 1 2003 renewable every five years at the option of the lessee. The annual cost of the lease shall be$ 1000.00 per year, payable in full by July 1 of the current year, for the first five years. For each successive five-year part of the twenty-five year lease the annual lease rate shall increase by 10% of the previous (five-year term) annual lease rate. 3. TAXES: The lessee agrees to pay any land or building taxes r1ssessed towar'd the lands and buildings ii· is leasing from the lessor. The lessee also agrees to pay any other taxes or special levies which pertain directly to it's dub, lands, building, or water use as may be assessed by any government or government appointed or associated body. 4. PARKING AND GATES: The lessor ag1·ees to allow the lessee to use, at no cost, the parking lot, security gates to the parking lots, at any time it wishes, even if this may occur at a time when the parkit1g lot or secur·ity gates to the pcwking lot m~e normally dosed. 5. GARBAGE REMOVAL: The lessee agrees to pay for and ar1·ange it's own garbage removal, and l 6. LEASE IMPROVEMENTS: The lessee agrees to not make any lease improvements without the express written approval of the lessor. 7. INSURANCE: The lessee agrees to carry and pay for it's own liability for an amount annually approved by the OLDCA executive, and personal property insurance, and to provide a copy of the current paid up liability policy for each of the years it leases from the lessor. 8. CONTINUANCE: The lessor agrees to ensure the continuance of the terms agreed to in this agreement, between the lessee and any new owner of the lessor's land and buildings, from when this agreement was originally signed until the expiration of the twenty five year agreement, in the case of the lessor selling the land and buildings it owned in 2002. Further, in the event of dissolution of the OLDCA, the lessor shall make a prospective purchaser of the lessor's land and buildings aware that it is bound in a purchase agr•eement to ensw~e continuance fm• this agreement betwe,en Nosa and any new owner. 9. AMENDMENTS: In the event of the need for an amendment to this agreement by either the lessor or the lessee, both parties shall be compliant in meeting in good faith to work out a mutually agreeable amendment to solve whatever issue may arise. THIS AREA If\l~fENTIONALLY LEFT BLANK , " ATTACHMENT "E" Page 4 OLDCA AND NOSA LEASE AGREEMENT SIGNED IN DUPLICATE THIS 3c.}1.. DAY OF6c-(;!>2,.__, 2002. LESSOR: OKANAGAN LANDING AND DISTRICT COMMUNITY ASSOCIATION Witness name and signature name first then last 2:8 3 L AU_to~.(;)' 1/1:1;/ address \/QlfV<~rJ 1 /J(_ · vrr--8-f-) I city, province, pos-tol code DIRECTOR a~D·SIGNATURE LESSEE: NORTH OKANAGAN SAILING ASSOCIATION Witness name and signature _L~..! tc t!. t:~ ds;;.;;...'t'<='-$;_,.. __ name first then last 2 -r3·<.. 1\ V"l -~~s <=0 [":I ··------~-- ScJ"ec\0\e_ -)Ad\ .fl:l 1/J!Vl· c '-'(., '·\ i ~ "'"' 9122·CO?B\445 ·~. 567ooo 9!92010- p 21189 \ 9t24.CO?- p I 7 58 9t24.CCO- Pel W D 07436 9131. 110 i 9520ha. 3 p p4847 Pel. A Pel. B (D.O. V63522) (0 D.V64721) 10117 ho. 6. 685 ho. 9164.010 9!64. CO? PLAN A 84088 PLAN 8 4981 9147.000 9. 603 ho. A.l8029 8 3978 9150. (X)() 10 069 ha ATTACHMENT 2 41.050 ho. p 3549 7 A 9J6e,oo5 "E" 2408ho )~)4001 f!~1J..92JQ_ ····------·-·------·---- 332r:-·--.. -·"--.-.-.-