Ice did serious damage to the docks at the Desert Sunrise marina. (Ken Baker file photo)
The Town of Osoyoos and the company that owns the Watermark Beach Resort in Osoyoos have agreed to split future costs to repair the town’s Desert Sunrise Marina should any more damage be incurred as a result of “acts of God” like the one that caused serious damage in early spring after huge amounts of ice shifted on Osoyoos Lake.
Barry Romanko, the town’s Chief Administrative Officer, told Town of Osoyoos council on Monday that the town and Osoyoos Shoreline Development (OSD) “cost shared the development of the marina with a 50/50 ownership of slips and maintenance costs. This spring significant ice damage occurred to the slips in the marina with 75 per cent of the damage occurring to the OSD slips.”
The town leases out 16 slips annually at the marina, while OSD uses the remaining 16 slips for customers at the Watermark Beach Resort.
The joint agreement that relates to maintenance and repairs basically states that repairs beyond “ordinary wear and tear” were the responsibility of the owner party, said Romanko.
There is nothing in the agreement that relates to cost shared “acts of God” damage to the marina, he said.
If the town, after consultation with OSD – but in respect to the marina only – decides that inspection, repair, maintenance or other work is required to the foreshore land the marina sits on and/or those portions of the town lands, OSD has agreed to pay the town 50 per cent of those costs, he said.
“If repair and maintenance of the area for reasons other than ordinary wear and tear, then OSD shall repair the licence area so that it is at all times in good condition and state of repair and, within 21 days notice from the town, to make such repairs as may be required by the town in order to bring the licence area into the condition required under this section,” he said.
Initial repairs have been completed to enable the marina to be functional for this season, said Romanko. In the fall, additional repairs will be completed.
Staff initially were under the impression that this would be a 50/50 cost share, however, when a review of the agreement occurred only one article in the agreement was the related to the damage caused due to shifting ice.
“Therefore, costs were attributed according to the agreement,” he said.
OSD is requesting that the current repairs be cost shared 50/50 and the agreement be amended to reflect 50/50 cost shares in future “act of God” damage events, he said.
The community entered into a 50/50 partnership with OSD on the development and maintenance of the marina and the facility has been an asset to both parties, he said.
Budget funds to pay for the necessary repairs are available from the town’s marina reserve account, said Romanko. The basic premise to developing and operating the marina was a 50/50 cost share approach.
“Often agreements can’t cover all situations and this is one of those situations,” he said. “Making a change to the agreement will provide staff with clear direction in future situations of this nature.”
No dollar figure relating to damage was revealed.
KEITH LACEY
Osoyoos Times
