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HomeMy WebLinkAbout90-189 ..' . ~.. ...... ..-. ... <!' -~ ~ THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 90- 189 being a By-law to authorize the entering into a Lease Agreement with Her Majesty the Queen represented by the Minister of Fisheries and Oceans and the Corporation of the Town of Newcastle for launching ramp partial encroachment and small craft harbour facilities. The Council of the Corporation of the Town of Newcastle hereby enacts as follows: 1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Town of Newcastle, and seal with the Corporation's seal, the lease between Her Majesty the Queen represented by the Minister of Fisheries and Oceans and the said Corporation; and 2. THAT this by-law come into effect upon approval of the Ontario Municipal Board. BY-LAW read a first time this 12th day of November, 1990 BY-LAW read a second time this 12th day of November, 1990 BY-LAW read a third time and finally passed this 12th day of November, 1990. MAYOR ".;". . '... GOVERNMENT GOUVERNEMENT OF CANADA DU CANADA ~t~\~ \' ~I!/" ' ~~i DUPLICATE ORIGINAL FISHERIES PECHES AND OCEANS ET OCEANS 9010 00 002 LEASE BAIL " SMALL CRAFT HARBOURS BRANCH AND DIRECTION DES PORTS POUR PETITES EMBARCATIONS ET THE CORPORATION OF THE TOWN OF NEWCASTLE AUTHORITY Autorisation DATE OF DOCUMENT Document date du NOVEMBER 28, 1990 BEGINNING OF TERM La periode de location commence Ie OCTOBER 1, 1990 END OF TERM La periode de location se termine Ie SEPTEMBER 30, 1995 RENT PAYABLE Loyer payable $100.00 (ONE HUNDRED DOLLARS) PER ANNUM OR 15% OF GROSS REVENUE LANDS OR RIGHTS DEMISED Cession ou transfert ALL AND SINGULAR those two certain parcels or tracts of land covered by water, more particularly described as Water Lot Location DT 62, being composed of part of the bed of Lake Ontario in front of part of Lots 27 and 28, Durham Front Concession, in the Township of Clarke, Regional Municipality of Durham, Province of Ontario, designated as Parts 1 and 2 on Plan 10R-191, TOGETHER WITH the Government marine facilities located thereon, being more particularly shown outlined in red on the Plan hereto annexed and designated Schedule "A". FILE No. No de dossier 5882-70/N18l REMARKS / Remarques ',.1 , , '. , , THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 90- 189 being a By-law to authorize the entering into a Lease Agreement with Her Majesty the Queen represented by the Minister of Fisheries and Oceans and the Corporation of the Town of Newcastle for launching ramp partial encroachment and small craft harbour facilities. The Council of the Corporation of the Town of Newcastle hereby enacts as follows: 1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Town of Newcastle, and seal with the Corporation's seal, the lease between Her Majesty the Queen represented by the Minister of Fisheries and Oceans and the said Corporation; and 2. THAT this by-law come into effect upon approval of the Ontario Municipal Board. BY-LAW read a first time this 12th day of November, 1990 BY-LAW read a second time this 12th day of November, 1990 BY-LAW read a third time and finally passed this 12th day of November, 1990. MAYOR ."FlBI A TRUE COpy )es(,.iptlo iabendum ~eddendum -- ........., . - . '. '. THIS _EDEM made this 28th day of No,.-.". One thousand nine hundred and ninety; BETWEEN- HER MAJESTY THE QUEEN. represented herein by the Minister of Fisheries and Oceans (hereinafter called the "Ministerfl), OF THE FIRST PART; ... and ... THE COR~TtOlt OF THE TOWN OF MEWtASTlE. Province of Ontario (hereinafter called the "Agent"', OF THE SECOND PART; WITNESSETH that the Minister, in consideration of the rents, covenants. provisoes and conditions hereinafter contained, hereby leases unto the Agent:... All AND SINGULAR those two certain parcels or tracts of land covered by water, more particularly described as Water Lot Location OT 62. being composed of part of the bed of Lake Ontario in front of part of lots 27 and 28. Durham Front Concession,. in the Township of Clarke, Regional Municipality of Durham. Province of Ontario, designated as Parts 1 and Z on Plan lOR-191, and comprising a total area of One and eighty-five One- hundredths (1.85) acres, more or less, TOGETHER WITH the Government marine fatilities located thereon, (hereinafter referred to as "the said premises") being more particularly shown outlined in red on the Plan hereto annexed and designated Schedule "An. TO HAVE AND TO HOLD the said premises unto the Agent from and after the first day of October, One thousand nine hundred and ninety for a term or periOd of five (5) years and then fully to be complete and ended. YIELDING AND PAYING therefor, during the currency of this Agreement. unto the Minister, to the Receiver General of Canada, in lawful money of Canada, the following rent or sum, namely: (a) ONE HUNDRED DOLLARS ($100.00) per annum, payable each year in advance, or (b) FIFTEEN PERCENT (15%) of all gross revenue derived by the Agent from the management and operation of the said premises, whichever is the greater amount, and the difference between the $100.00 paid in advance and the 15% of gross revenue is payable withi n sixty days of the end of each agreetllent-year. ~e$cri I)t i 13 iabendum ~eddendum ~ ,'. '. THIS AGREEMENT made this 28th day of November. One thousand nine hundred and ninety; BETWEEN- HER ~JESTY THE QUEEN, represented herein by the r<Unister of Fi sheri es and Oceans (herei nafter caHed the "'Ministertl). OF THE FIRST PART; .. and - mE CORPORATION OF THE TOWN OF NEWCAStlE. Province of Ontario (here; nafter ca 11 ed the II Agent It ) . OF THE SECOND PART; WITNESSETH that the fit; nister , inconsideration of the rents. covenants, provisoes and conditions hereinafter contained, hereby leases unto the Agent:.. ALL AND SINGULAR those two certa; nparce 1 s or tracts of land covered by water, more particularly described as Water lot location DT 62, being composed of part of the bed of Lake Ontario in front of part of lots 27 and 28, Durham Front Conceuion, in the Township of Clarke, Regional MuniCipality of Durham, Province of Ontario, designated as Parts 1 and 2. on Plan lOR... 191 , and comprising a total area . of One and eighty...five One- hundredths (1.85) acres, more or less, TOGETHER WITH the Government marine facilities located thereon, (hereinafter referred to as ~the said premises") being more particularly shown outlined in red on the Plan hereto annexed and designated Schedule IlAP,. TO HAVE AND TO HOLD the said premises unto the Agef'tt from and after the first day of October, One thousand nine hundred and ninety for a term or period of five (S} years and then fully to be complete and ended. YIELDI NG Af~O PAYHIG therefor, during the currency of tM $ Agreement. unto the Minister, to the Receiver General of Canada, in lawful money of Canada, the following rent or sum, namely: (a) ONE HUNDRED DOLLARS ($100.00) per annum, payable each year in advance, or (b) FIFTEEN PERCENT (15%) of all gross revenue derived by the Agent from the management and operation of the said premises, whichever is the greater amount. and the di fference between the $100.00 paid 1n advance IlInd the 15% of gross revenue is payable within sixty days of the end of each agreement-year. Interore- at1: on f)urDose oPav Ren axes omoliance 11th law ublic Use eeeiS ssianment '. . '. 2.' IN THIS agreement; ttMinister" means the ~1inister of Fisheries and Oceans and any person he has delegated to act on his behalf. "ReglonalDirector" means the Regional Director of Small Craft Harbours 8ranch of the Department of Fisheries and Oceans and any person he has delegated to act on his behalf. It is agreed by and between the said parties hereto that these Presents are made and executed upon and sUb,ject to the covenants, provhoes. conditions and reservations hereinafter set forth and contained. namely: (1) (11 ) L al The Agent shall use and occupy the said premises to construct and maintain a portion of the Agent's Launching Ramp located on part of Part 1 on Pl an lOR.191 and carry out the management and operation of the said premises in accordance with the Fishing and Recreational Harbours Act and the Fishing and Recreational Harbours Regulations as amended from time to time. or any other applicable act or regulat10ns enacted or made during the currency of this Agreement. b) Nothing in Clause No. 1 a) hereof. shall relieve the Minister from discharging any of his duties under the said Fishing aAd Recreational Harbours Act and the said Fishing and Recreational Harbours Reaulatlons. " c) That the Minister shall supply to the Agent, one copy of the said Act and Regulations. as amended from time to time. 2. That the Agent will pay all annual ~ntal fees herein reserved at the time and in the manner in these Presents set forth. without any abatement or deduction whatever. 3. That the Agent will payor cause to be paid all rates, taxes and assessments, of whatsoever description, that may at any time during the existence of these Presents be imposed, or become due and payable upon, or in respect of the said premises. 4. The Agent shall in all respects abide by and comply with all rules, regulations and by-taws of municipalities and other governing bodies. in any manner affecting the said premises. 5. Subject to Clause No. 19 hereof, the Agent shan not interfere with the public use of the said premises during the currency of this Agreem.mt; it being expressly understood and agreed, however, that the Agent may refuse the use of the said premises to any vessel on which tolls and dt:les are outstanding and the Agent may take all lawful action through Small Debts Court or otherwise to obtain payment of outstanding or overdue accounts. a) That the Minister, his servants or agents shall, at all times and for the purpose of inspecting the said premises, have full and free access to any and every part of the said premises. b) The Mfnister shall, upon reasonable notice to the Agent, except in the case of an emergency. have full and free access to the said premises for the purposes of repairing and maintaining the said premises. 7. That the Agent shall not make any assignment of these Presents, nor any transfer or sub-lease of any of the premises, rights or privileges demised or leased hereunder. without obtaining the prior consent in writing of the Minister to such assignment, transfer or sub-lease. 6. eDa;r anc qafotenan( ~ are of rooert_y nlDfOVemen s onstruc- 10n of ulld1nQs r tructures nno..Yance ui sance nd tTSturbanc '"itle hims and Jam.Qes ndemni.. ~lc.t1on '.. . , '. .~ 3. 8. That the Agent shall not. during the currency of this Agreement. do. suffer or permit to be done any act or thing which may impair. damage or injure the said premises beyond the damage occasioned by reasonable use. and shall, at the Agent's own cost and expense maintain and repair all portions of the said premises which may at any time become damaged. due to the negligence of the Agent. its servants or agents. 9. That the Agent shall, at its own cost and expense, at all times during the currency of this Agreement, keep the said premises in a neat and tidy condition. removing or causing to be removed therefrom all papers, refuse, litter. waste or rubbish arlsingout of the operations of the Agent under this Agreement, all to the satisfaction of the Regional Director. 10. That any improvements made to the said premises by the Agent at any time during the term of this Agreement. to make the said premises suitable for the purposes referred to in Clause No.1 hereof, shall be at the risk, cost and expense o.f the Agent and to the satisfaction of the Regional Director. 11.. That the Agent sha 11 not construct or erect any bui 1 di ngs or other structures on the said premises without obtaining the approval of the Regional Director, of plans showing the design and nature of construction of such buildings or structures and their proposed locations. 12. That the Agent shall not, at any time during the currency of this Agreement do, cause or permit to be done. any act or thing in or upon the said premises which shall. or may be, or might become, an annoyance. nuisance or disturbance to the occupiers of any lands or premises adjoining or in the vicinity of the said premises. 13. That it is hereby declared. and this Agreement is accepted by the Agent, upon the express condit ion that the Agent shall have no recourse against the Minister, should the Minister's title to the said premhes be found to be defect he, or shou 1 d these Presents prove ineffectual by reaSon of any defect in such title. 14. That the Agent shall not have any claim or demand against the Minister for loss, damage or injury of any nature whatsoever, or howsoever caused to the said premises or to any person or property, at any time brought, placed, made or being on the said premises unless such damage or injury is due to the negligence of any Officer. servant, agent, contractor or sub~contractor of Her Majesty the Queen 1n right of Canada while acting within the scope of his dut1~s. 15. That the Agent shall at all times indemnify and save harmless the Minister from and against all claims and demandS, loss, costs, damages, act ions. suits or other proceedings by whomsoever made, brought or prosecuted, in any manner bued upon, occasioned by or attributable to the execution of these Presents, or any action taken or things done or maintained by virtue hereof, or the exercise in any manner of r1 ghts arising hereunder. except claims for damage resulting from the negligence of any officer. servant. agent. contractor or sub-contractor of Her Majesty the Queen in right of Canada while acting within the scope of his duties. ,A, . ~ . . '.. 4. That this Agreement may be terminated at any time: (a) By the Agent upon sixty days. notice in writing. such notice to be signed by the Agent and delivered to or mailed addressed to the Regional Director, $mall Craft Harbours Branch,Oepartment of Fisheries and Oceans, P. O. Box 5050, 867 lakeshore Road, Burlington, Ontario, l7R 4A6, or (b) By the Minister upon sixty days' notice 1n writing, signed by the Minister, and either delivered to the Agent or any officer of the Agent, or mailed addreued to the last known place of business or office of the Agent and thereupon, after the expiration of such periOd ()f n()tiflcation, these Presents shall be determined and ended, and the Agent shall thereupon, and also in the event of the determination of this Agreement in any other manner, except re-entry under Cl ause No. 11 here()f, forthw; th remove from the said premises all things at any time brought or placed thereon by the Agent and shall also to the satisfaction of the Regional Director repair all and every damage and injury oeeas ioned to the said premises by reason of such removal or in the performance thereof, but the Agent shall not, by reason of any action taken or things performed or required under t.his clause. be entitled to any compensation whatever, provided that, unless required by the Minister no goods, chattels, materials, effects or things shall be removed from the said premises until all rent due or t() become due under this Agreement is fully paid. ernrinatilS h 16. )ef au 1 t ~old Over 17. That, notwithstanding anything in this Agreement contained, if the rent above reserved, or any p art thereof, shall be in arrears or unpaid. whether or not the same shall have been in <l.ny manner demanded, or in case default, breach or non-observance be made or suffered by the Agent at any time or times, in, or in respect of any of the covenants, provisoes, conditions, andreservatlons herein contained, whiCh on the part of the Agent ought to be observed or performed, then, and in every such case provided such nonpayment of rent, default, breach or non...observance is not cured within thirty (30) days from the date of notice thereof in writing from the Minister to the Agent, the Minister may terminate this Agreement by giving to the Agent a not ice in writing signed by the Minister, and either delivered to the Agent or any officer ()f the Agent, mailed addressed to the fast known place of bus i ness or offi Cta of the Agent, and thereupon after the delivery or mailing of such written notification. this Agreement shall be determined and ended, and in that event. it shall be lawful for the Minister, his servants or agents, to re.enter and thereafter to have, possess and enjoy the said premises and all improvements thereon. And no acceptance of rent subsequent to any breach or default. other than non.payment of rent, nor any condoning, excusing or overlooking by the Minister on previous occasions of breaches or defaults similar to that for which re-entry is made shall be taken to operate as a waiver ()f this condition nor in any way defeat or affect the rights of the Minister hereunder. 18. Provided always and that it is hereby agreed by and between the parties hereto that if the said Agent shall hold over after the expiration of the term hereby granted, and the Minister shaH accept rent, the new tenancy thereby created shall be a tenancy at will and not a tenancy from year to year, and the Agent shall pay as rent during the time of such OCCUpiU'lCY a rental to be determined at the discretion of the Minister, and shall be subject to the covenants and conditions herein contained so far as the same are applicable to tenancy at will. ollution "'-" '. 5. 19. That the Agent shall $ during the currency of this Agreement, charge tolls or dues established under the authority of the Fishing and Recreational Harbours Act by regulations approved from time to time by the Governor in Counc i 1 respecting the said premis.es. The Agent may co 11 ect additional reasonable charges for services such as electrical power out lets t water outl ets t watchman services, etc. t provi ded at the Agent I s expense for the benefi.t and use of the boating public using the said premises. 20. That during the currency of this Agreement, the Agent shall cause to be kept records of its operations hereunder, such records to be kept according to accepted principles of accountln~, and the Agent shall supply to the Regional Director a certified statement for each accounting period during the currency of the Agreement. 21. That the books of the Agent, concerning the operation and management of the said premises, shall be open for audit and inspection at all times during business hours, by the accredited officers of the Minister. 22. That the Agent shall not place or deposit,or cause or permit to be placed or deposited, any fill, sand, gravel$ detritus, waste, debris or other .materia1s, articles or things on the said premises which may form a deposit thereon or therein without the prior consent, in writing. of the Regional Director. 23. That this Agreement is granted strictly SUbject to the right of the Minister and Lessees and licensees of the Minister to maintain and operate services installed on the said premises at the date of this Agreement, and to the right of the Minister to grant leases or licences. as the case may be. at any time during the currency of this Agreement. covering the right and privilege or permission to install, lay, maintain and use services on. over or across the said premises and the Agent shall not, at any time during the currency hereof, do anything or cause or permit anything to be done which will in any way interfere with the rights and privilege or permissions thereby granted, provided, however, that such leases or licences wi 11 be granted subject to this Agreement and provided that the lessees or Licensees thereunder shall not commence to exercise the rights andprivlleges or permissions thereby granted unless and until the consent in writing is first obtained from the Agent, and which consent shall not be unreasonably withheld. 24. That no applications for permission to establish concessions of any kind shall be granted without the pr1orapproval in writing of the Regional Director. t 25. That in the event that any portions of the said premises are used for the purposes of the Agent, the Agent shall establish a market rental for such use and the Reddendum Clause shall be applied to such rental. 26. That the Agent shall take all necessary precautions against fire occurring in or on the said premises. 27. That the A~nt shall fu1fi 11 in all respects the requirements of Part t of the Navigable ~laters' Protect ion Act It Chapter "'...19 of the Revised Statutes of Canada 1970. ltembers 01 lJ,r11.-ent ~1 $(r1m- flat 1 on ~ ." .. . . 6. 28. No member of the House of Commons shall be admitted to any share or part of this Agreement or to any benefit to arise therefrom. 29. That the Agent and any Sub-Lessees shall not discriminate against any person by reason of race. colour or creed. in any manner whatsoever. pertaining to the operation and use of the said premises. IN WITNESS WHEREOF the parties hereto have executed these Presents the day and year first above written. SIGNED, SEALED, AND DELIVERED BY the Agent in the presence of: ) ) THE TOWI OF rDCASTLE . !C~(~- · · a.. · · 'l~~~i' · · · · · · · · · · · .U · .. · · ~;;'" · · · · · · · · ) ) / ) / ) )..... ,,,,,i~ ~Agenr/ ) SIGNED, SEALED AND DELIVERED BY ) the Minister in the presence of: ) ) ) ~ i /l ) t.:k /1/ _. ~!\& I~.) n~ ) ~///.. t1 . .. /I /I .. /I .' . /I .. /I y-;.."q ~ . . /I . . /I /I . . . . . . . . ) . . /I . . /I /I . ., .e. . . ~-:/I /I ~ . /I . . . .. . . . /I' . . Witness i for the Nt' ster of Fisheries and Oceans THE CORPORATION OF wftf~ cis / .......... ~ lti ,..,. Ontario Ontario Municipal Board ComrT)ission des affaires municipales de I'Ontario E 901420 IN THE MATTER OF Section 64 of the Ontario Municipal Board Act, (R.S.O. 1980, c. 347 as amended) - and - IN THE MATTER OF an application by The Corporation of the Town of Newcastle for an order approving the entering into a proposed lease agreement between the applicant and with Her Majesty the Queen, as represented by the Minister of Fisheries and Oceans with respect to the leasing of two certain parcels or tracts of land covered by water, more particularly described as Water Lot Location DT 62, being composed of part of the bed of Lake Ontario in front of part of Lots 27 and 28, Durham Front Concession, in the Township of Clarke, Regional Municipality of Durham, Province of Ontario designated as Parts 1 and 2 on Plan 10R-191, and comprising a total area of one and eighty-five one-hundredths (1.85) acres, more or less, for launching ramp partial encroachment and small craft harbour facilities TOGETHER WITH the Government marine facilities located thereon, for a period of five years, terminating on the 30th day of September, 1995, and the disbursement of sums of money payable thereunder B E FOR E P.G. WILKES Vice-Chairman ) ) ) ) Wednesday, the 23rd day of January, 1991 THE BOARD ORDERS that this application be granted and that the applicant may enter into such proposed lease agreement in the form filed with the-Board' on the 11th day of. December, 1990, and identified by the Secretary's signature, provided that the Council of the applicant corpor.ationin exercising any power approved by this .. - 2 - E 901420 order shall comply, and conform with all statutory and other legal requireme~ts related thereto. rSECRETARY ENTEREt' O. B. No........!;qo..::.t:l....... Folio No. ....,.........1.~.......... FEB' 5199' ~ ACTING SECRUARY. ON'. MU~_ ,.... ~"-~"':.'.'- ..: . ~ l\ $ 1/ 3 ~,....I f' ~' r!! tjI, /iI,' /I!'f..' uti Rf,1 t<'~ t,~~ If" t$' ,~I er ,,;~, 'n.' f.~ 'rJ/ tii; 'i!: ~I fif, rP' J'I 1;' ~'tI J..rt IJf 1$1 fit: rJ/ II I~fi 11~' J;{J! I' . t tJ".,...i iff If! hFfJ z.j M' ~ Iii. ,!:Ii '~' k. &" 1!!f, ,;Jf ;,x.!'. 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ONTARIO LOB 1NO 985-4466 "t., PROJEct:' Tt::>VVN .OF NEWCASTLE MLL ST: BOAT RAMP a ,R\RI<.ETTE FLAN BENC.HMARK GEODETIC BENCHMARK No. 67-U-036 :ELEV. 95'37 m. MILL STREET BRtDGE OVER HIGHWAV No. 401 ,0'Stem. SOUTH OF H1GHWAV No.2, TABLET INEASTFAOEOF CONCREtE CURe:, 9lom. FROM NORTH END OF BRIDGE AT. ROAD LEVEL . lONTARJO DRAWING: ~',~t 'GRADING PLAN 'ROUNDARY AND'TOPOGRAPHICAL DETA IL BY . ~ '\ AUG 90 PROJECT NO. 9<X:>06 . BROWN'& . COGTiANIL TO. ~O.NT'A':R,'l.OLAND . SUR:VEYORS ( 416t5?9.t280 OSHAWA . { .. y' ./ DWG. NO.' fi '" ,I l . .L- 2 i \ ...1, wf~