HomeMy WebLinkAboutEGD-010-18Clarftwn
Engineering Services
Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: April 16, 2018
Report Number: EGD -010-18
File Number:
Resolution: GG -195-18 & GG -196-18
By-law Number:
Report Subject: Cottages on the West Beach of Port Darlington - Lease Extensions
Recommendations:
That Report EGD -010-18 be received;
2. That the term of the leases between the Municipality and the tenants of the seven
remaining cottages on the West Beach of Port Darlington be extended on an annual
basis;
3. That further extensions to the leases be considered annually as part of the Capital
Budget process, and as long as funds are not approved by Council for the next phase of
development, the Chief Administrative Officer be authorized to renew the leases on an
annual basis; and
4. That all interested parties listed in Report EGD -010-18 and any delegations be advised
of Council's decision.
Municipality of Clarington
Report EGD -010-18 Page 2
Report Overview
The Municipality of Clarington currently leases cottages to seven long-term tenants but those
leases are set to expire on December 31, 2018. The existing tenants have requested
renewal of the leases. This report recommends annual renewals subject to budget
considerations for the future park development.
1. Background
1.1 Ina letter dated January 22, 2018 (Attachment 1), The West Beach Association, on
behalf of the seven cottagers remaining on the West Beach of Port Darlington, requested
that Council and staff explore the renewal of their leases.
1.2 The first lease agreement between the Municipality and cottagers was for a term
commencing May 15, 2010 to December 31, 2015. Council received a report from the
Municipal Solicitor in April, 2014 recommending that the term of the leases be extended
from December 31, 2015 to December 31, 2016; and that further extensions to the leases
be considered annually as part of the Capital Budget process commencing with the 2015
Capital Budget.
1.3 Council passed Resolution #GPA -301-14 which extended the term of the leases to
December 31, 2018, with further extensions to the leases to be considered annually as
part of the Capital Budget process commencing with the 2018 Capital Budget
(Attachment 2)_
2. Discussion
2.1 The term of the existing leases expires on December 31, 2018. The annual letter from
staff to the tenants included a reminder that the lease agreement expires and asked the
tenants to contact staff as to whether they wished to renew their lease_
2.2 Staff met with representatives of the West Beach Association and Councillor Woo on
March 1, 2018. Staff indicated that they would be providing a report to Council on the
renewal of leases. The West Beach Association would like to see a term of longer than
annual renewals and also requested that future tenure succession of the cottages to
family members be considered. Attached as Attachment 3 is a letter from The West
Beach Association setting out the reasons for the request.
Municipality of Clarington Page 3
Report EGD -010-18
2.3 Staff indicated that the existing arrangements with the cottagers have worked well. The
beach is being well used by the public and currently there are no funds allocated in the
2018 or Capital forecast for the Phase 2 expansion of the park.
2.4 The current leases do not allow the cottagers to assign or sublet the cottages. The
cottages are owned by the Municipality. The cottagers provided Bills of Sale and were
compensated for the value of their cottage when the land under them was expropriated
from the Port Darlington Harbour Company.
2.5 The land on which the cottages are located was expropriated in 2009 for the purpose of
providing public access to West Beach. Prior to expropriating the lands, conceptual park
development plans were approved by Council. The original Port Darlington Waterfront
Park Concept Plan was approved in November 2004. The first phase of this Plan was
implemented in 2012. As additional properties have been acquired to the west of the
former Port Darlington Harbour Company Lands the options for future development
continue to evolve.
2.6 It is unknown at this time precisely when parkland improvements will be made to the
lands on which the cottages are located. The Background Study for the 2010
Development Charges By-law anticipated construction in 2018 but Staff anticipate that
the next phase of construction will take place in 2019 or beyond.
2.7 Staff are recommending that the leases be extended until December 31, 2019 primarily
because the cottagers are good stewards of the beach, carrying out clean-up and
assisting with deterring vandalism and public mischief. Effectively, the cottagers are on-
site stewards of the beach area.
3. Concurrence
This report has been reviewed by the Municipal Solicitor and the Director of Planning
Services who concur with the recommendations.
4. Conclusion
4.1 It is respectfully recommended that the leases of the cottagers on the West Beach be
renewed for a one year period to December 31, 2019 and that further annual renewals
be dependent on the advancement of the park development as approved at the time of
capital budget review.
4.2 In addition, to simplify the renewal of the leases it is recommended that the responsibility
for signing the lease renewals be assigned to the Chief Administrative Officer.
Municipality of Clarington
Resort EGD -010-18
5. Strategic Plan Application
The recommendations contained in this report conform to the Strategic Plan.
e -
Submitted by: Reviewed by:
Page 4
Anthony Cannella, Andrew C. Allison, B. Comm, LL.B
Director of Engineering Services CAO
Staff Contact: Peter Windolf, Manager of Park Development, 905-623-3379, Ext. 2307 or
pwindolf@clarington.net
Attachments:
Attachment 1 - Letter dated January 22, 2018 from The West Beach Association
Attachment 2 - 2014 Lease Extension Agreements
Attachment 3 — Letter received March 26, 2018 from The West Beach Association
The following is a list of the interested parties to be notified of Council's decision:
Don Adams
Charles and Gail MacDonald
Shirley Fowler
Jean Severs
Sharon Eccles
Edwin and Lynda Bounsall
Gary Cole
�X>I-- -1114 V
JAN 31 2018
MUNICIPALITY OF GLARINGTON
.....n ❑I AAIAIIAIn nrnanya.e—
Tke West beach Association
"Life is better 6,9 tke lake, and we love to skare it."
Fst. 19 18, Clarington's 01deat Community Association
1 r dsall Avenue, gowmanville, Ontario L I C ZA7 905-623--2405
January 22, 2018
The Municipality of Clarington
40 Temperance Street
Bowmanville, ON L1C 3A6
Dear Mayor and Councillors:
On behalf of our cottage community on the West Beach of Port Darlington, I am again taking the
liberty of sending you our annual progress report on the developments in the new park on our beach.
The Flood
The early spring and summer of 2017 saw the highest water levels on the West Beach since the
summer of 1947. This resulted in flooding of parts of the upper road and the erosion of up to 40 feet in the
front of the beach of the park, and the destruction of two of the sand dunes as well as considerable damage
to the other dunes. As our cottages are set far back from both the lake and the marsh, there was no damage
to them and, thus, the flood was only a mild irritant to us. We, however, sympathize with our neighbours up
the back road and Cedar Crest Beach who did experience considerable damage and extensive monetary loss.
We as a community would like to thank the Council, Municipal Staff, the Fire Department, the Durham
Regional Police, the Parks Department, the Public Works Department and the volunteers who worked so
hard and did so much to alleviate the situation. Their efforts should never be questioned or forgotten. They
were great!
With the drop in the water levels (at first it was 3 ft. above last year's level, but by the end of August it
was back to normal) the sandy beach is back but, of course, some of the dunes are gone, and will take years to
return, if they ever do. The high water also brought in literally tons of drift wood, brush, and assorted other
crap that left what remained of the beach in a horrible condition. Three of our members, Chuck and Gail
MacDonald, and Ted Bounsall, spent about a week raking up all this debris into piles at the western end of
the park. We would like to thank Bob Genosko and Brent Pascoe and the rest of the Parks Department who
spend a day removing the debris from the beach. As I stated before, forty ft. of sandy beach has returned and
without the dunes it is much wider and more level than it was before. It is not and probably never will be
quite what it was before the flood, but beaches, being like living things, are always changing, and that, in fact,
is what gives them their unique beauty. For, faced with the power of wind, water and the ever shifting sands,
what could ever stay the same or, for that matter, whatever should.
The Use of the Park
Due to the flood and the resulting conditions of the road and the front beach, the use of the park was
down considerably from the last five years, but many people still came and enjoyed it, and by mid-August we
were back to normal. The warm weather and water that carried right on into September resulted in large
crowds on the beach every day, especially Saturdays and Sundays. The people who come to the beach are
mostly family groups or individuals who just enjoy the beach for its sand and water. They are all very good
and do no damage and, in fact, many help to clean up the beach and keep it in fine shape. They are also very
supportive of our community and the work that we do.
Improvements
Since (due to the flood) the Parks Department was very busy elsewhere, they were not able to do as
much in the park this year. As a community, our members tried to help to fill this void and do as much park
maintenance as we could. Again this year, our members have made many improvements to our individual
cottages with much painting done, flowers planted, grass cut, old chimneys removed and steel roofs installed.
Of course, all these improvements make the whole area much mote appealing to ourselves and all the many
people visiting the park.
Social Events
Again, the "Red Letter Day" at the beach was the annual Horseshoe Match on the Civic Holiday
weekend. This year over twenty individuals played with a total attendance of 75, including many of our
neighbours from up the back road, the Cove Road and Cedar Crest Beach. This is a great day that brings the
entire Port Darlington community together and was, incidentally, the 98th year of the tournament. Our
community again had its usual barbecues and communal suppers that were enjoyed by all.
The West Beach in Film
As you may recall, the park has been used several times in recent years as a movie set, and this has also
added to its appeal among the general population of Clarington. The movie people have said many times that
an area like ours, with vintage cottages (many over 100-years-ol4 is very hard to find in southern Ontario, or
anywhere else, for that matter. This again, is one of the things that makes our area and the park so unique; it
is, in fact, a virtual time capsule, a piece of history that is still in existence when most of its like have long
since passed into history.
The Future
As the members of Municipal Council well know 2018 is the year our current leases run out; the
members of our community, that consists of seven cottages and 12 residents, all senior citizens and lifetime
residents, are looking forward to meeting with Council and its Staff to explore the renewal of our leases. We,
of course, hope for a favourable outcome from these discussions as we truly wish to remain on our beach and
to continue to assist in the planning and development of the park. We are more than willing to work with the
Municipality of Clarington and its Staff, and to help in any way we can in the fulfillment of our mutual
interests, the general good, and the improvement of the area that we have lived in for so long.
In closing, I would like to again stress how well this has worked out since the park was created ten
years ago and how happy our community is with the results. I would like to again thank the Members of
Council, the Municipal Services, and Staff who have worked with us to make this dream park that we all love
so much, the reality it has become.
I remain yours respectfully,
7 (704
Gary F. Cale
f YS 7
cuyq*lz"111117� - �,'l
7! I 0
I
v- �
I
c
mw�fit
i
clanngton
Leading the Way
June 10, 2014
Ms. Sharon Eccles
1000 Lionel Ave., Lot 1
P.O. Box 470
Bala, Ontario
POC IAO
Dear Ms. Eccles:
RE: West Beach Cottagers Association
Request for Lease Extension
Please find enclosed a copy of the executed "Lease Extension Agreement' for your records.
If you have any questions, please call me.
Sincerely,
Andrew . Allison
Municipal Solicitor
ACA/jb
C.C. Faye Langmaid
Anne Greentree
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO LIC 3A6 T 905-623-3379
LEASE EXTENSION AGREEMENT
This Lease Extension Agreement is made as of the 15th day of May, 2014
BETWEEN:
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
(the "Municipality")
- and -
SHARON ECCLES
(the "Tenant")
WHEREAS by a lease dated as of the 12th day of May, 2010 (the "Original Lease"), the
Tenant leased the cottage known as 6 West Beach Road, Bowmanville, Number 2 on Plan of
Subdivision 345 (the "Cottage") for a term commencing on May 15, 2010 and ending on
December 31, 2015;
AND WHEREAS the Municipality and the Tenant wish to extend the term of the Original
Lease.
NOW THEREFORE the Municipality and the Tenant agree as follows:
LEASE
1. The Municipality leases to the Tenant the Cottage on the same terms and conditions as
set out in the Original Lease save and except as hereinafter set out.
TERM
2. The term of the lease shall end on the 31st day of December, 2018.
ORIGINAL LEASE
3. All other covenants, provisos and stipulations contained in the Original Lease shall
remain in full force and effect and the Municipality and Tenant hereby mutually agree
that they will perform and observe the several covenants, provisos and stipulations in
the Original Lease as fully as if such covenants, provisos and stipulations have been
repeated herein in full with such modifications only as are necessary to make them
applicable to this lease extension agreement.
-2 -
BINDING AGREEMENT
4. This renewal lease shall be binding upon and enure to the benefit of the Municipality,
the Tenant and their respective heirs, executors, administrators, successors and
assigns.
IN WITNESS WHEREOF the parties hereto have executed this Lease Extension Agreement.
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
Sharon Eccles
icipalk Clerk
clarington
Leading the Way
June 10, 2014
Edwin (Ted) and Lynda Bounsall
1082 Campbell Avenue
Windsor, Ontario
N9B 2J3
Dear Mr. and Mrs. Bounsall:
RE: West Beach Cottagers Association
Request for Lease Extension
Please find enclosed a copy of the executed "Lease Extension Agreement" for your records.
If you have any questions, please call me.
Sincerely,
Andrew C. Allison
Municipal Solicitor
ACA/jb
C.C. Faye Langinaid
Anne Greentree
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO LIC 3A6 T 905-623-3379
LEASE EXTENSION AGREEMENT
This Lease Extension Agreement is made as of the 15th day of May, 2014
BETWEEN:
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
(the "Municipality")
-and-
EDWIN (Ted) BOUNSALL AND LYNDA BOUNSALL
(the "Tenant")
WHEREAS by a lease dated as of the 12th day of May, 2010 (the "Original Lease"), the
Tenant leased the cottage known as 20 West Beach Road, Bowmanville, Number 2 on Plan of
Subdivision 345 (the "Cottage") for a term commencing on May 15, 2010 and ending on
December 31, 2015;
AND WHEREAS the Municipality and the Tenant wish to extend the term of the Original
Lease.
NOW THEREFORE the Municipality and the Tenant agree as follows:
LEASE
1. The Municipality leases to the Tenant the Cottage on the same terms and conditions as
set out in the Original Lease save and except as hereinafter set out.
TERM
2. The term of the lease shall end on the 31st day of December, 2018.
ORIGINAL LEASE
3. All other covenants, provisos and stipulations contained in the Original Lease shall
remain in full force and effect and the Municipality and Tenant hereby mutually agree
that they will perform and observe the several covenants, provisos and stipulations in
the Original Lease as fully as if such covenants, provisos and stipulations have been
repeated herein in full with such modifications only as are necessary to make them
applicable to this lease extension agreement.
- z -
BINDING AGREEMENT
4. This renewal lease shall be binding upon and enure to the benefit of the Municipality,
the Tenant and their respective heirs, executors, administrators, successors and
assigns.
IN WITNESS WHEREOF the parties hereto have executed this Lease Extension Agreement.
THE CORPORATION OF THE
MUNICIPAMTY OF CLARINGTON
unicioal& Clerk
Edwin (Ted) Bounsall
�
Lynda�ll
?GC: ,�t �.(J It f,e 1
f I'
2_
A)
0
clarington
Leading the Way
June 10, 2014
Mr. Don Adams
15 Wheelhouse Drive
Newcastle, Ontario
LIB 1139
Dear Mr. Adams:
RE: West Beach Cottagers Association
Request for Lease Extension
Please find enclosed a copy of the executed "Lease Extension Agreement" for your records.
If you have any questions, please call me.
Sincerely,
ndre v C. Alliso
Municipal Solicitor
ACA/jb
C.C. Faye Langmaid
Anne Greentree
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
LEASE EXTENSION AGREEMENT
This Lease Extension Agreement is made as of the 151h day of May, 2014
BETWEEN:
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
(the "Municipality")
- and -
DON ADAMS
(the "Tenant')
WHEREAS by a lease dated as of the 12th day of May, 2010 (the "Original Lease"), the
Tenant leased the cottage known as 16 West Beach Road, Bowmanville, Number 6 on Plan of
Subdivision 345 (the "Cottage") for a term commencing on May 15, 2010 and ending on
December 31, 2015;
AND WHEREAS the Municipality and the Tenant wish to extend the term of the Original
Lease.
NOW THEREFORE the Municipality and the Tenant agree as follows:
LEASE
1. The Municipality leases to the Tenant the Cottage on the same terms and conditions as
set out in the Original Lease save and except as hereinafter set out.
TERM
2. The term of the lease shall end on the 31st day of December, 2018.
ORIGINAL LEASE
3. All other covenants, provisos and stipulations contained in the Original Lease shall
remain in full force and effect and the Municipality and Tenant hereby mutually agree
that they will perform and observe the several covenants, provisos and stipulations in
the Original Lease as fully as if such covenants, provisos and stipulations have been
repeated herein in full with such modifications only as are necessary to make them
applicable to this lease extension agreement.
-2 -
BINDING AGREEMENT
4. This renewal lease shall be binding upon and enure to the benefit of the Municipality,
the Tenant and their respective heirs, executors, administrators, successors and
assigns.
IN WITNESS WHEREOF the parties hereto have executed this Lease Extension Agreement.
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
n
Municipalit3f Clerk
L", ' - l a �,Cy 'y✓,A
Don Adams
clarin
gton
Leading the Way
June 10, 2014
Ms. Shirley Fowler
16 Maimora Place
Brampton, Ontario
L6S 3E9
Dear Ms. Fowler:
RE: West Beach Cottagers Association
Request for Lease Extension
Please find enclosed a copy of the executed "Lease Extension Agreement' for your records.
If you have any questions, please call me.
Sincerely,
Andrew C.llison�
Municipal Solicitor
ACA/ib
C.C. Faye Langmaid
Anne Greentree
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
LEASE EXTENSION AGREEMENT
This Lease Extension Agreement is made as of the 15th day of May, 2014
BETWEEN:
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
(the "Municipality")
- and -
SHIRLEY FOWLER
(the "Tenant')
WHEREAS by a lease dated as of the 12th day of May, 2010 (the "Original Lease"), the
Tenant leased the cottage known as 32 West Beach Road, Bowmanville, Number 10 on Plan
of Subdivision 345 (the "Cottage") for a term commencing on May 15, 2010 and ending on
December 31, 2015;
AND WHEREAS the Municipality and the Tenant wish to extend the term of the Original
Lease.
NOW THEREFORE the Municipality and the Tenant agree as follows:
LEASE
1. The Municipality leases to the Tenant the Cottage on the same terms and conditions as
set out in the Original Lease save and except as hereinafter set out.
07
2. The term of the lease shall end on the 31 st day of December, 2018.
ORIGINAL LEASE
3. All other covenants, provisos and stipulations contained in the Original Lease shall
remain in full force and effect and the Municipality and Tenant hereby mutually agree
that they will perform and observe the several covenants, provisos and stipulations in
the Original Lease as fully as if such covenants, provisos and stipulations have been
repeated herein in full with such modifications only as are necessary to make them
applicable to this lease extension agreement.
-2 -
BINDING AGREEMENT
4. This renewal lease shall be binding upon and enure to the benefit of the Municipality,
the Tenant and their respective heirs, executors, administrators, successors and
assigns.
IN WITNESS WHEREOF the parties hereto have executed this Lease Extension Agreement.
THE CORPORATION OF THE
MUNICIPALI--WaOF CLARINGTON
Ae4mg-Municipality Clerk
i
1 lj
j
S'irley Fowler
cla 0
FIRgton
Leading the Way
June 10, 2014
Mr. and Mrs. MacDonald
2942 Highway #2
Bowmanville, Ontario
LIC 3K5
Dear Mr. and Mrs. MacDonald:
RE: West Beach Cottagers Association
Request for Lease Extension
Please find enclosed a copy of the executed "Lease Extension Agreement' for your records.
If you have any questions, please call me.
Sincerely,
And • w C. Allison
Municipal Solicitor
ACA/jb
C.C. Faye Langrnaid
Anne Greentree
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET. BOWMANVILLE. ONTARIO LIC 3A6 T 905-623-3379
LEASE EXTENSION AGREEMENT
This Lease Extension Agreement is made as of the 15'" day of May, 2014
BETWEEN:
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
(the "Municipality")
�m
GAIL AND CHUCK MACDONALD
(the "Tenant")
WHEREAS by a lease dated as of the 12th day of May, 2010 (the "Original Lease"), the
Tenant leased the cottage known as 17 West Beach Road, Bowmanville, Number 5 on Plan of
Subdivision 345 (the "Cottage") for a term commencing on May 15, 2010 and ending on
December 31, 2015;
AND WHEREAS the Municipality and the Tenant wish to extend the term of the Original
Lease.
NOW THEREFORE the Municipality and the Tenant agree as follows:
LEASE
1. The Municipality leases to the Tenant the Cottage on the same terms and conditions as
set out in the Original Lease save and except as hereinafter set out.
TERM
2. The term of the lease shall end on the 31 st day of December, 2018.
ORIGINAL LEASE
3. All other covenants, provisos and stipulations contained in the Original Lease shall
remain in full force and effect and the Municipality and Tenant hereby mutually agree
that they will perform and observe the several covenants, provisos and stipulations in
the Original Lease as fully as if such covenants, provisos and stipulations have been
repeated herein in full with such modifications only as are necessary to makethem
applicable to this lease extension agreement.
- z -
BINDING AGREEMENT
4. This renewal lease shall be binding upon and enure to the benefit of the Municipality,
the Tenant and their respective heirs, executors, administrators, successors and
assigns.
IN WITNESS WHEREOF the parties hereto have executed this Lease Extension Agreement.
THE CORPORATION OF THE
MUNICIP ITY OF CLARINGTON
Aetir@ Municipality Clerk
a
LeadingClackpgton
June 10, 2014
Mi•. Gary Cole
I I Edsall Avenue
Bowmanville, Ontaro
LIC 2A7
Dear Mr. Cole:
RE: West Beach Cottagers Association
Request for Lease Extension
Please find enclosed a copy of the executed "Lease Extension Agreement' for your records.
If you have any questions, please call me.
Sincerely,
Andrew . Allison
Municipal Solicitor
ACA/jb
C.C. Faye Langmaid
Anne Greentree
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET. BOWMANVILLE. ONTARIO L1C 3A6 T 905-623-3379
LEASE EXTENSION AGREEMENT
This Lease Extension Agreement is made as of the 15th day of May, 2014
BETWEEN:
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
(the "Municipality")
TME
GARY COLE
(the "Tenant')
WHEREAS by a lease dated as of the 12th day of May, 2010 (the "Original Lease"), the
Tenant leased the cottage known as 8 West Beach Road, Bowmanville, Number 36 on Plan of
Subdivision 345 (the "Cottage") for a term commencing on May 15, 2010 and ending on
December 31, 2015;
AND WHEREAS the Municipality and the Tenant wish to extend the term of the Original
Lease.
NOW THEREFORE the Municipality and the Tenant agree as follows:
LEASE
1. The Municipality leases to the Tenant the Cottage on the same terms and conditions as
set out in the Original Lease save and except as hereinafter set out.
TERM
2. The term of the lease shall end on the 31st day of December, 2018.
ORIGINAL LEASE
3. All other covenants, provisos and stipulations contained in the Original Lease shall
remain in full force and effect and the Municipality and Tenant hereby mutually agree
that they will perform and observe the several covenants, provisos and stipulations in
the Original Lease as fully as if such covenants, provisos and stipulations have been
repeated herein in full with such modifications only as are necessary to make them
applicable to this lease extension agreement.
- z -
BINDING AGREEMENT
4. This renewal lease shall be binding upon and enure to the benefit of the Municipality,
the Tenant and their respective heirs, executors, administrators, successors and
assigns.
IN WITNESS WHEREOF the parties hereto have executed this Lease Extension Agreement.
THE CORPORATION OF THE
MUNICIPALITY,OF CLARINGTON
Municipality Clerk
Gary Cole
Clarington
Leading the Way
June 10, 2014
Ms. Jean Severs
15 Brock Street
Ajax, Ontario
LIS 1S9
Dear Ms. Severs:
RE: West Beach Cottagers Association
Request for Lease Extension
Please find enclosed a copy of the executed "Lease Extension Agreement' for your records.
If you have any questions, please call me.
Sincerely,
Andrew C. Allison
Municipal Solicitor
ACA/ib
C.C. Faye Langmaid
Anne Greentree
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET. BOWMANVILLE. ONTARIO L1C 3A6 T 905-623-3379
LEASE EXTENSION AGREEMENT
This Lease Extension Agreement is made as of the 151h day of May, 2014
BETWEEN:
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
(the "Municipality")
- and -
JEAN SEVERS
(the "Tenant")
WHEREAS by a lease dated as of the 12th day of May, 2010 (the "Original Lease"), the
Tenant leased the cottage known as 28 West Beach Road, Bowmanville, Number 15 on Plan
of Subdivision 345 (the "Cottage") for a term commencing on May 15, 2010 and ending on
December 31, 2015;
AND WHEREAS the Municipality and the Tenant wish to extend the term of the Original
Lease.
NOW THEREFORE the Municipality and the Tenant agree as follows:
LEASE
1. The Municipality leases to the Tenant the Cottage on the same terms and conditions as
set out in the Original Lease save and except as hereinafter set out.
TERM
2. The term of the lease shall end on the 31 st day of December, 2018.
ORIGINAL LEASE
3. All other covenants, provisos and stipulations contained in the Original Lease shall
remain in full force and effect and the Municipality and Tenant hereby mutually agree
that they will perform and observe the several covenants, provisos and stipulations in
the Original Lease as fully as if such covenants, provisos and stipulations have been
repeated herein in full with such modifications only as are necessary to make them
applicable to this lease extension agreement.
-2 -
BINDING AGREEMENT
4. This renewal lease shall be binding upon and enure to the benefit of the Municipality,
the Tenant and their respective heirs, executors, administrators, successors and
assigns.
IN WITNESS WHEREOF the parties hereto have executed this Lease Extension Agreement.
THE CORPORATION OF THE
MUNICIPAbffiY OF CLARINGTON
Jean Severs
icipality Clerk
s
MAR 2 6 2018
MUNICIPALITY OF CLARINGTON
ADMiNI-33TRAFOR'B OFFICE
U
Tke_ `/`%est 5eack Associatiol-1
I de. is kctter Icy the lAc, anti we love to share it."
F st. i L) 18, Clarington's 01,1cst�c�mmunitcj �-,5ociatic�n
I i � _cisa�i /wcnuc. 5owmanvil1c. C_)ntano 1. 1 C 2Ai-7 :707-0;�3-L40
The Municipality of Clarington
40 Temperance Street
Bowmanville. ON
LIC 3A6
March 19, 2018
Dear Mayor and Councillors:
Ori behalf of the cottage community of the West Beach of Port Darlington, I am taking
the liberty of writing to you in regard to our new lease agreement. When the Municipality
assumed ownership of the land for the new- park some ten years ago, our community members
were given five year leases that were renewed for another five years in 2014 and so will run out
on December 31, 2018. ]'his year, we have been advised that our leases will now be renewed on
a year-to-year basis.
In accordance with our leases we are required to keep our cottages in good repair and in a
safe and aesthetically pleasing condition which we have faithfully done at the cost of thousands
of dollars each over the years that the leases have been in effect. Changing to a year-to-year lease
will result in an increase in feelings of uncertainty, insecurity and apprehension among the
members of our community. most of whom are at an advanced age.
We have been unofficially advised that the Municipality has no long-term plans for any
major changes to the park for the next five years, or for the foreseeable future. It is also the
expressed opinion of the people using the park, our neighbours up the road, and all those
interested in the welfare of the park, that the continued existence of our community does no harm
and. in tact. does considerable good to the whole concept of the park.
Therefore, we would request that the Council reinstate the former practice of a five year
extension, so that we can feel secure, continue to keep our cottages in the good shape that we
wish to do and continue to assist in the maintenance of the park, for the betterment of the
Municipality. the people who use the park and, of course, ourselves. If the Municipality, or the
individual members of Council wish, or require, any more information, or input, please call me
at 905-623-2405 at your convenience.
I trust you will give our request your thoughtful and open consideration.
I remain yours,
Gary Coli