Transport Canada/Islands Trust Letter of Intent regarding transfer of Snug Cove wharf and floats

Extracted text (beginning)

March 9, 1998
Minister of Transport
Suite 620, 800 Burrard Street
Vancouver, B.C. V6Z 2J8
Attention:Loretta Bernister, Regional Director
Harbours and Ports
Dear Minister:
Re:Snug Cove Wharf and Floats, within Block C, Water Lot
No. 6055, New Westminster Land District, Bowen Island,
B.C.
In  keeping  with  the  National  Marine  Policy  which  was  released  by  Transport
Canada   on   December   14,   1995   and   which   provides   for   the   transfer   of
regional/local ports to local entities, the Islands Trust is desirous of arranging a
transfer of the above-mentioned Port (the "Port"), with a view to providing:
•    services    that    are    more    cost-effective;    local
operations
•    that are more responsive to local needs; and
•    levels  of  service  that  more  closely  match  local
demands.
Recognizing  that  further  discussions  and  negotiations  must  now  take  place
before  an  agreement  for  such  a  transfer  of  the  Port  (the  "Transfer  Agreement")
could be made, it is understood that the following principles would be applicable
in the process:
(a)Port users and local community groups are pivotal to the decision-making process and
would be involved in consultations, with a view to achieving a smooth transition in the
management, operation and maintenance of the Ports;
(b)the Minister would transfer or cause to be transferred, to the local entity, upon such
terms and conditions as the Minister and the local entity may agree:
(i)the real property (including any ownership interest in such property) or the right
to use real property, which real property or right belongs to Her Majesty the
Queen in right of Canada ("Her Majesty") and of which Her Majesty has the
power to dispose and which real property is situated at the Port, in the condition
in which such property may be on the date of transfer, and
(ii)whatever interest Her Majesty has in the chattels and consumable stock used in
the management, operation or maintenance of the Port, and of which interest
Her Majesty has the power to dispose, in the condition in which such chattels
and consumable stock may be on the date of transfer;
LETTER OF INTENT

(c)the local entity would comply with all laws and regulations, now or hereafter in
force, applicable to the local entity and to the management, operation and
maintenance of the Port;
(d)the local entity, entirely on its own behalf and not on behalf of Her Majesty or the
Minister would manage, operate and maintain the Port as a regional/local ports
open to the public, for an agreed period of time after the date of transfer; in
accordance with the Transfer Agreement;
(e)the local entity would honour any and all contracts (including but not limited to
leases, licenses and permits), in respect of the Port, which are in effect on the
date of transfer;
(f)the Minister would keep the local entity informed, on a timely basis, through the
Regional Director, Harbours and Ports or her nominee, with regard to all major
contracts, in

First 3,000 characters. Open the original for the whole document.