THIS AGREEMENT dated for reference the 28th day of November, 2000,
BETWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF THE
PROVINCE OF BRITISH COLUMBIA, as represented by the Minister of Forests,
c/o District Manager, Columbia Forest District, 1761 Big Eddy Road,
Revelstoke, British Columbia, VOE 3KO
(the "Province")
AND:
THE REVELSTOKE SNOWMOBILE CLUB, a society
registered under the Society Act (Incorporation No.S-8204 ), having its
registered office at Box 1849, Revelstoke, British Columbia, VOE 2S0
("the Club")
AND:
THE SNOWMOBILE REVELSTOKE SOCIETY, a
society registered under the Society Act (Incorporation No.S-36694 ),
having its registered office at Box 459, Revelstoke, British Columbia,
VOE 2S0
(“the Society”)
WHEREAS
A. The Club and Society wish to operate the
Boulder Mountain and Frisby Ridge Snowmobile Trails on Crown land which
have been designated recreational trails under the Forest Practices Code
of British Columbia Act, and;
B. The Society wishes to collect a user-fee
to assist in the recovery of costs incurred in operating the trails and
associated facilities.
In consideration of the terms and
conditions contained herein and for other valuable consideration the
parties agree as follow:
1.00 DEFINITIONS
1.01 In this Agreement, unless the context
otherwise requires:
"Boulder Mountain
Snowmobile Trail" (the Snowmobile Trails") means the trail
shown outlined and attached hereto as Schedule "A".
"Frisby Ridge
Snowmobile Trail" (the Snowmobile Trails") means the trail
shown outlined and attached hereto as Schedule "A".
"Snowmobile Season"
means that portion of time during the year wherein there is sufficient
snow on the ground to meet the standards for grooming as set out in
the attached Schedule "B".
"Associated
Facilities" means all structures and signs present within the
Snowmobile Trails including day use shelters, pit toilets, and all
signs specifically related to the act or management of public
snowmobiling.
2.00 GRANT OF RIGHTS
2.01 The Province grants to the Society and
the Club, its employees, contractors or agents a non-exclusive right to
enter onto the Snowmobile Trails for the purposes of trail repair,
maintenance, operation, and to undertake wildlife protection measures as
per existing agreements with other government agencies.
3.00 TERM
3.01 Notwithstanding the date of execution
of this Agreement it will commence on December 15\ 2000 and terminate on
November 30, 2001 unless earlier cancelled or terminated in accordance
with the terms of this Agreement.
4.00 TERMINATION
4.01 Notwithstanding any other provisions
of the Agreement, the Province may, in its sole discretion, terminate
this Agreement upon giving 90 days written notice of termination to the
Society and the Club.
4.02 The Society and the Club acknowledge
and agree that they will make no claim for compensation, in damages
otherwise, as a result of the termination of this Agreement under this
Article.
5.00 OPTION TO RENEW
5.01 Not later than November 15\ 20011 and
annually thereafter, provided that the Society and the Club are not in
default under this Agreement, the Province may, in its sole discretion,
make a written offer to the Society and the Club setting out the terms
and conditions upon which the Province may renew this Agreement.
5.02 The Society and the Club acknowledge
and agree that the Province is under no obligation, express or implied,
to make an offer to it to renew this Agreement.
6.00 COVENANTS OF THE PROVINCE
6.01 The Province will at its discretion,
provide and maintain infrastructure and facilities associated with the
Snowmobile Trails
7.00 COVENANTS OF THE CLUB
7.01 The Society and the Club will:
(a) operate and maintain the Snowmobile
Trails to the standards attached hereto as Schedule “B";
(b) set fees and report annually to the Province consistent with the
schedule attached hereto as Schedule "C";
(e) install and maintain directional and informational signs in
locations approved by the Province;
(d) not construct or place any improvements on the Snowmobile Trails
without the prior written consent of the Province and then only in a
manner that complies with the terms and conditions set out in the
written consent;
(e) not commit or suffer any willful or voluntary waste, spoil or
destruction to the Snowmobile Trails, or do or suffer to be done
anything that may be or become a nuisance or annoyance to the owners
or occupiers of adjoining land; and;
(f) comply with the provisions of the Forest Act, Forest Practice Code
of British Columbia Act and regulations and provisions of the Workers
Compensation Act and regulation and will upon request provide the
Province with proof of such compliance.
8.00 INDEMNITY
8.01 The Society and the Club will
indemnify and save harmless the Province, its employees, contractors and
agents, from and against any and all losses, claims, damages, actions,
causes of action, costs and expenses that the Province may sustain,
incur, suffer or be put to at any time either before or after the
expiration or termination of this Agreement, where the same or any of
them are based upon, arise out of or occur, directly or indirectly, by
reason of any act or omission of the Society and the Club or their
agents, employees, officers, directors or contractors pursuant to this
Agreement.
9.00 REPRESENTATIONS OF THE SOCIETY
AND THE CLUB
9.01 The Society and the Club warrant and
represent to the Province that:
(a) they are societies duly organized and
existing under the laws of British Columbia and are in good standing
with both the office of the registrar of companies of British
Columbia, and the BC Snowmobile Federation;
(b) they have all the corporate power, capacity and authority to enter
into the Agreement and to carry out their obligations contemplated in
this Agreement;
9.02 The Society and the Club acknowledge
that:
(a) they have inspected the Snowmobile
Trails, and are satisfied that they are suitable for the purposes of
snowmobiling
10.00 INSURANCE
10.01 The Society and the Club will,
without limiting their obligations or liabilities herein and at their
own expense, insure activities of their volunteers under a policy of
Comprehensive/Commercial General Liability Insurance in an amount not
less than $1,000,000 inclusive per occurrence against bodily injury,
personal injury and property damage and including liability assumed
under contract. The Province is to be an additional insured under this
policy. Such insurance shall be primary and not require the sharing of
any loss by any insurer of the Province.
10.02 The Society and the Club will
annually provide the Province with evidence of all required insurance.
Such evidence of insurance shall be in the form of completed Province of
British Columbia Certificates of Insurance. The required insurance shall
be endorsed to provide the Province with 30 days advance written notice
of cancellation or material change.
11.00 NOTICE
11.01 Any notice, document or communication
required or permitted to be given under this Agreement must be in
writing and will be deemed to have been given if delivered by hand,
courier, or double-registered mail to the party to whom it is to be
given as follows:
To the Province:
District Manager
Ministry of Forests
Columbia Forest District
1761 Big Eddy Road
Revelstoke, British Columbia VOE 3KO
To the Society:
President
Box 459
Revelstoke, British Columbia VOE 2S0
To the Club:
President
Box 1849
Revelstoke, British Columbia VOE 2S0
12.00 CHANGE OF ADDRESS
12.01 Any party may, from time to time,
advise the others by notice in writing of any change of address of the
party giving such notice and, from and after the giving of such notice,
the address therein specified will, for purposes of the Agreement, be
deemed to be the address of the party giving such notice.
13.00 MISCELLANEOUS
13.01 No term, condition, covenant or other
provision of this Agreement will be considered to have been waived by
the Province unless the waiver is expressed in writing by the Province.
The waiver by the Province of any breach by the Society and the Club of
any term, condition, covenant or other provision of this Agreement will
not be construed as or constitute a waiver of any further or other
breach of the same or any other term, condition, covenant or other
provision of this Agreement and the consent or approval of the Province
to any act by the Society and the Club requiring the consent or approval
of the Province will not be considered to waive or render unnecessary
the consent or approval of the Province to any subsequent same or
similar act by the Society and the Club.
13.02 The terms and provisions of this
Agreement will extend to, be binding upon and ensure to the benefit of
the parties, their successors and permitted assigns.
13.03 Nothing in this Agreement constitutes
the Society and the Club as the agents, joint venturers or partners of
the Province or gives the Society and the Club any authority or power to
bind the Province in any way.
13.04 Each of the parties will, upon the
reasonable request of the other, make, do, execute or cause to be made,
done or executed all further and other lawful acts, deeds, things,
devices, documents, instruments and assurances whatever for the better
or more perfect and absolute performance of the terms and conditions of
this Agreement
13.05 All provisions of this Agreement in
favour of the Province and all rights and remedies of the Province,
either at law or in equity, will survive the expiration or sooner
termination of this Agreement.
13.06 Time is of the essence of this
Agreement,
14.00 INTERPRETATION
14.01 Wherever the singular or masculine
form is used in this Agreement it will be construed as the plural or
feminine or neuter form, as the case may be, and vice versa where the
context or parties so require.
14.02 The captions and headings contained
in this Agreement are for convenience only and do not define or in any
way limit the scope or intent of this Agreement.
14.03 This Agreement will be interpreted
according to the laws of the Province of British Columbia.
14.04 Where there is a reference to an
enactment of the Province of British Columbia or of Canada in this
Agreement, that reference will include a reference to every amendment to
it, every regulation made under it and any subsequent enactment of like
effect and, unless otherwise indicated, all enactments referred to in
this Agreement are enactments of the Province of British Columbia.
14.05 If any section of this Agreement, or
any part of a section, is found to be illegal or unenforceable, that
section or part of a section as the case may be, will be considered
separate and several and the remaining section or part of a section, as
the case may be, will not be affected and will be enforceable to the
fullest extent permitted by law.
14.05 Each schedule attached to this
Agreement is an integral part of this Agreement as if set out at length
in the body of this Agreement.
14.07 This Agreement constitutes the entire
agreement between the parties with respect to the subject matter of this
Agreement and no understanding or agreement, oral or otherwise, exists
between the parties with respect to the subject matter of this Agreement
except as expressly set out in this Agreement and this Agreement may not
be modified except by subsequent agreement in writing.
14.08 All grants, covenants, provisos,
agreements, rights, powers, privileges and liabilities contained in this
Agreement shall be read and held as made by and with, granted to and
imposed upon, the respective parties hereto and their respective heirs,
executors, administrators and successors and permitted assigns.
IN WITNESS WHEREOF the parties have
executed this Agreement as of the day and year first above written.
Signed on behalf of her majesty the
queen in right of the province of British Columbia:
Dave Raven,
District Manager
Columbia Forest District
Signed, sealed and delivered by the
Snowmobile Revelstoke Society:
Matt Singh,
President
SCHEDULE
"B"
OPERATION & MAINTENANCE OF THE BOULDER
MOUNTAIN AND FRISBY RIDGE SNOWMOBILE TRAILS
OPERATIONAL COVENANTS
1. The Society and the Club covenant and
agree with the Province that, during the Snowmobile Season, they will:
(a) subject to snow and weather conditions
and force majeure, operate and maintain the Snowmobile Trails and
associated facilities to standards set within this Schedule;
(b) provide access to basic first aid equipment;
(c) encourage a volunteer snowmobile patrol in accordance with the BC
Snowmobile Federation initiative to this end;
(d) inspect all groomed trails twice weekly for litter, fallen trees and
other debris and remove at its own cost and expense;
(e) maintain associated facilities (toilets, signs, and day use
shelters) on a regular basis to ensure that they are in a safe, sanitary
and clean condition (the Province may provide capital improvements to
toilets, signs and kiosks as required, assist in the repair of any
damages, and pump the toilets when required);
(f) immediately notify the public of any trail closures and ensure that
such notice continues for the time during which the trail is closed;
(g) distribute snowmobile trail maps and other brochures to the public
including avalanche awareness information, including contact numbers for
the Canadian Avalanche Association;
(h) indicate through signing that persons snowmobiling off the groomed
trails do so at their own risk.
2. The Province will provide to the Society
and the Club all cleaning supplies and minor hardware required for the
maintenance of toilet structures upon the Snowmobile Trails.
3. The Society and the Club covenant and
agree with the Province that as a minimum, just before and just after the
Snowmobile Season they will inspect all roads required and utilized during
the Snowmobile Season to ensure that the structural integrity of the road
surface is in good working order by:
(a) Removing identified windfalls and
encroaching vegetation from the clearing width right-of way; and,
(b) ensuring the drainage systems of the road including ditches,
culverts, and waterbars are functional.
4. Deficiencies that can be remedied using
manual labour, and power hand tools will be done so in a timely manner,
taking into account the risk to the road, its users, the environment, and
any time lines otherwise set by the District Manager. The results of all
inspections wherein the Society and Club undertook any remedial work will
be reported to the District Manger as soon as possible.
5. The Club is responsible for damages
incurred to the road system or any of the associated facilities as a
result of Club activities. The Province is responsible for damages
incurred to the road system or any of the associated facilities, by
natural causes that cannot be remedied by standard maintenance practices
outlined under Section Three
6. The Society and the Club are responsible
for damages incurred to the road system or any of the associated
facilities as a result of Society and Club activities. The Province is
responsible for damages incurred to the road system by natural causes that
cannot be remedied by standard maintenance practices outlined under
Sections 3 and 4.
7. The Province covenants to the Society
and the Club that it will undertake other responsibilities concerning the
maintenance of the Snowmobile Trails outside of the Snowmobile Season,
including:
(a) hazard tree identification and removal;
(b) additional road deactivation work; and,
(c) other capital infrastructure deployment projects concerning either
industrial or recreational initiatives, not necessarily related to the
Society and the Club's activities.
8. Prior to enabling this agreement, the
Society and the Club will develop and provide to the Province, signed user
agreements established with current Road Permit Holders, sanctioning their
use of the roads held under such permits within the area of the Snowmobile
Trails.
OPERATIONAL STANDARDS
1. SNOW PACKING
1.1 When snow depths have accumulated to a
satisfactory depth, the entire trail width will be packed, to provide
and maintain a solid base for grooming. A firm, level base for grooming
across the entire trail width will be maintained throughout the
Snowmobile Season.
2. SNOW GROOMING
2.1 After the first packing, trails will be
groomed, using a suitable type of tracked snow vehicle with appropriate
grooming equipment, a minimum of once per week, regardless of new fallen
snow.
2.2 Preference will be given to ensure that
the trails are freshly groomed for weekends and holidays.
2.3 Trails to be groomed are delineated on
Schedule " A ". Snow will be groomed and conditioned to provide a
relatively level trail surface that is firm enough to support
snowmobiles.
2.4 The Society and the Club will assess
snow and weather conditions prior to and during grooming so that optimum
conditions are provided for . snowmobiling.
3. RECORD OF GROOMING
3.1 A record of grooming will be maintained
and this information will be visibly posted to inform snowmobilers.
4. CLEARING OF PARKING LOT
4.1 The main parking areas will be cleared
of snow as soon as possible after a snowfall when the depth of fresh
snow inhibits 2WD access to the area (typically in excess of thirty (30)
centimetres.
5. MAINTENANCE OF ASSOCIATED
FACILITIES
5.1 Maintenance of warming shelters will be
conducted once weekly, during which the Society and the Club will:
(a) thoroughly sweep all inside and outside
floors;
(b) ensure all exterior and interior areas
are litter free;
(c) inspect stove and chimneys for damage
or wear; and,
(d) ensure pertinent information about the
operation of the Snowmobile Trails; including fees are clearly posted
for the public.
5.2 All toilet facilities will be serviced
once weekly, during which the Society and the Club will:
(a) ensure shovelled, safe paths from more
highly trammelled areas to the toilets are kept;
(b) carry out minor repairs such as
replacement or installation of door hinges or latches, door
adjustments, securement of loose component parts, and replacement of
stems or seats;
(c) sweep or otherwise remove cobwebs,
dust, dirt, etc., from all surfaces;
(d) thoroughly clean and sanitize seats and
stems with a mixture of one (1) part cleaner to one hundred (100)
parts water or as specified on product labels, and wipe both
components dry to avoid spotting; and
(e) stock toilets with two (2) rolls of
toilet paper.
5.3 All signs associated with the
Snowmobile Trails will be maintained by ensuring they are straight and
in generally good repair.
SCHEDULE "C"
STANDARDS AND REQUIREMENTS
FOR FEE COLLECTION AND REPORTING
1. DEFINITIONS
"User-fee" means the
reasonable amount of money the Society and the Club are permitted to
collect in order to recover the costs associated with operating and
maintaining the Snowmobile Trails.
"Local Commercial
Operator" means one of four (4) locally recognized business entities
using the Snowmobile Trails for commercial purposes. The businesses are
noted as Great Canadian Snowmobile Tours, Revelstoke Snowmobile Tours,
the Base, and DNR. "Corporate Sponsor" means a non-operational business
entity, which contributes, financially to the Club or the Society.
"Machine" means an
oversnow off highway vehicle, recognized as a snowmobile.
2. RATES
2.1 In accordance with
this agreement, the Society and the Club will be permitted to charge
user-fees based on the following conditions, and considering that:
(a) The Society and the
Club must be registered as non-profit societies in accordance with
Revenue Canada regulations.
(b) The Province will be
involved with and, ultimately, approve day use-fees to be charged. Any
increases to the initial fee structures set will require approval by the
Province/District Manager.
(c) Fee day rates for the
2000-2001 Snowmobile Season are set as follows:
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Machines with BCSF Registration Decal
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Machines without BCSF Registration Decal |
Local Commercial Operator Machine |
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$5 |
$10 |
$5 |
(d) Rates do not account
for seasonal (Club membership) rates, which are set by the Society and
the Club. Day rates will not apply to seasonal pass holders.
(e) Seasonal pass rates,
Local Commercial Operator initiation fees, and reduced rates offered to
Corporate Sponsors must be conveyed for approval to the District
Manager, and included in all fee recording and tracking documentation
for submission to the Province.
(f) All funds raised
through the collection of user-fees must be entirely applied to expenses
incurred by the Society and the Club in operating and improving the
Snowmobile Trails and associated facilities for the direct benefit of
those paying the user-fee.
(g) Rates will not apply
to persons entering the Snowmobile T rails area to undertake tenured or
compliance related activities specific to the Wildlife Act, Forest and
Forest Practices Code of British Columbia Acts, or any other
non-recreation oriented activity authorized by existing legislation.
3. FEE COLLECTION
RESPONSIBILITIES
3.1 The Society and the
Club:
(a) will collect user
fees from all people (excepting those authorized under 2(g) above) using
the Snowmobile Trails during the Snowmobile Season, who are not members
of the Society or the Club.
(b) will on weekends and
holidays maintain a fee collection presence for a minimum of four (4)
hours per day.
(c) will be courteous,
have a thorough knowledge of fee policies and procedures, and be helpful
when dealing with the public.
(d) will be responsible
for all monies collected.
(e) will ensure that all
members who are in regular contact with the public must speak fluent
English.
(f) will complete and
maintain all forms associated with revenue collection.
(g) will be responsible
for the issuance of physical permits after fees have been collected,
including a liability waiver clearly describing the risks of
snowmobiling in a back country mountain environment.
(h) will comply with
govern1I1ent policy and regulations on the collection and handling of
funds.
(i) will use their best
judgment in determining the number of "snowmobilers" to collect fees
from, according to/based on the definition provided in this agreement
(and common sense, situation, etc.), and may accordingly, make
exemptions to policy.
(j) will at the time of
collection, keep records of the total number of snowmobiles entering the
Snowmobile T rails, and further account for the numbers of public and
commercial operator clients as a part of that total.
3.2 The fee collection
procedure will be left to the discretion of the Society and the Club
(i.e., gatehouse, hand collection, self-registration).
3.3 In some cases (i.e.,
users refuse to pay, excessive drunkenness, rowdiness) users may be
asked to leave by the Society and the Club. However, only a Forest
Service official or member of the RCMP has the authority to evict a
member of the public from Crown land.
4. FEE REPORTING
AND TRACKING
4.1 The Society and the
Club:
(a) will within fifteen
(15) days after the end of each month, deliver to the Province a
financial statement for the immediate preceding month of the Snowmobile
Season, which includes a statement of the Gross Revenue for that month.
(b) will maintain books
of account and will enter in them all transactions relating to the
operation of the Snowmobile Trails.
(c) will within 60 days
after the end of the Society and Club's fiscal year, deliver to the
Province a financial statement, signed by the Society and Club
presidents and a minimum of two additional directors, that has been
reconciled with the monthly statements provided in accordance with
section 3. 1 (a) and includes:
i.) a statement of Gross
Revenue for that Snowmobile Season;
ii.) all information,
reports and data that the Province may require concerning the operation
of the Snowmobile Trails under this agreement, including the number of
users to the Snowmobile T rails and a statement of the amounts paid by
such users;
iii.) a preliminary
listing of both administrative and operational goals to be accomplished
during the upcoming fiscal year (a ('Business 'Plan"), detailing where
funds are to be spent.
(d) will ensure revenue
collections are carried out in a standard manner to ensure compliance
and maintain consistency in revenue collection.
(e) are responsible for
the procedure or method of transacting any refunds and must account for
such transactions in the accounts being kept.
(f) will immediately
report lost or stolen permits or money to the proper authorities (ie
RCMP) and notify the District office or Ministry contact named in this
Agreement.
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