Loading...
HomeMy WebLinkAbout2270A by-law to authorize an agreement with the Minister of Lands and Forests regarding the management of lands acquired for forestry purposes in the Township of Darlington. MEMORAN UM T0: District Forester, Lindsay, Ontario. 4 a ~onpa~0~~ ~ FROM: .~ //~~ /~ ` y!- NEt' CORM 0.30 dare B!e n~. Timber Management Branch REE New Forestry Act Agreement between The Minister and The Corporation of the Township of Darlington, Dated June 2$. 1971. __ - We Forward for disposition, one executed counterpart and a true copy of the above noted agreement with The Corporation of the Township of Darlington. We ask that you ensure forwarding the executed counterpart to the Clerk-Administrator of the Township. The details of registry are noted on the back cover of the agreement. WG~~a Eno, 2 c.c. Director, Legal Services Branch. c.c. Director, Timber Sales Branch, Attn. Management Planning. c.c. Agreement Administration file. R.M. Dixon, irector. ~o,~~~ ~~ ~~ a - F~cE .N Vain T r t I ~ .y z ~ Form TM-647-R (rev 1270) / -~~' AGREEMENT made this ~~ day of ~~~~ , 19~ ( pursuant to The Forestry Act and The Tsar Aet. BETWEEN: THE MINISTER OF LANDS AND FORESTS or the wince o Ontario, erein called "Minister", AND a~H~e co~~o~w°ncss~ ar ~xa rr~xzr~ aF nA~r r.,uvc ire, herein. called "Z:i-rg~urUltlMt~'. WHEREAS the parties hereto have previously entered into an agreement whereby the Minister agreed to manage for forestry purposes lands acquired by ~ Cospoatlets ; AND WHEREAS The Forestry Amendment Act, 1967 re-defined the term "Forestry purposes" to include the production of wood and wood products, provision of proper environmental conditions for wild life, protection against floods and erosion, recreation, and protection and production of water supplies; AND WHEREAS the parties hereto desire to terminate and replace the said agreement with these presents made under section 2 of The Forestry Act as amended; NOW THEREFORE this agreement witnesses that in consideration of the mutual promises, covenants, agreements and undertakings herein contained the Minister and CozpssaNo~ agree each with the other as follows: 1. The ~e~p°T;~ does hereby demise and lease unto the Minister the lands, hereinafter referred to as the "Forest - 2 - Area", described in Schedule "A" for the term of 20 years commencing with the 1st day of April , 1971 . 2. Subject to paragraph 10 and provided that u~oneys are appropriated therefor by the Legislature of Ontario, the N;inister agrees, (a) to manage the Forest Area for the forestry purposes agreed upon by the Minister and Corporation ; (b) to furnish such equipment, plant such trees, erect and maintain such fences, structures, buildings and improvements and do such other work that may in his opinion be required in connection with the management of the Forest Area; and (c) that the costs incurred in the management of the Forest Area will be borne by the Minister. The Corporatooe- agrees that the Minister during the term of this agreement or any renewal thereof may sell, lease or otherwise dispose of the trees or products therefrom, structures, buildings or improvements now or hereafter growing or erected on the Forest Area, and shall be entitled to the 3. revenues derived therefrom. 4. (1) The Minister agrees to furnish a report to the Corporation within twelve months after the termination of each year of the term of this agreement or any renewal thereof, setting out the expenditures made, the revenues received, the work done in respect of the Forest Ares during the year covered by the report and the work, with estimated costs and revenues, proposed '', to be done in the year following the year reported. (2) In this paragraph the word "year" means a period ''~ commencing with the 1st day of April and ending with the 31st day 'J of March nest following. {3) The Minister and Corporation agree to hold meetings from time to time to discuss matters arising under this agreement. 5, Where the C orporation with the written approval of the Minister, sets apart any additional land or acquires any additional land for the purpose of this agreement and files with j, ~~, ~', - 3 - the Minister proof of ownership satisfactory to the Minister and I• li it a a lease in quintuplicate of the land substantially in accord with ii ii i~i Schedule "B", .. (a) Schedule "A" shall be deemed to be amended to include the land so set apart or acquired; and j~ (b) the Minister may make a grant out of '! the moneys appropriated therefor by the Legislature of Ontario to the Corporation for the purpose of assisting it in the acquisition of the land of an amount to be determined by the Minister but not exceeding '75~ of, ( i) the purchase price paid by the Corporation for the land, and (ii) the solicitor+s fees and disbursements paid by the Corporation to secure title to the land in its name. 6. In the event the Minister and G orporatiaa agree td terminate this agreement in respect of any part of the Forest Area,', the Corporation agrees to pay to the Minister the costs, without interest,. determined by the N3nister to have been incurred!... in managing such part of the Forest Area after deducting therefrom' 'r; the revenues, without interest, determined by the Minister to have!! been received from the management of such part of the Forest Area provided that in the event the said revenues exceed the said costs,;;. the Minister agrees to pay the excess to the Cosposatioa i provided that moneys are appropriated therefor by the Legislature i of Ontario. 7. The Minister agrees that the Corporation may make" i'! payments to the Minister from time to time in respect of the costs;. incurred by the Minister in the management of the Forest Area, and !j i'that such payments will be deemed to be revenues received by the Minister in the management of the Forest Area. $. The Corporstioa agrees that the Minister may make ;:payments to the Corporatioa from time to time in respect of the revenues received by the Minister in the management of the ,: ;:Forest Area, and that such payments will be deemed to be costs !innuurred by the Minister in the management of the Forest Area. i - 4 - 9. (1) The Corporation agrees, during the last twelve months of the term of this agreement, to select one of the three .options hereinbelow set forth to take effect upon the expiry of the term of this agreement. (2) The Corporation agrees to advise the Minister in :writing of the selection made pursuant to subparagraph 1 before the expiry of the term of this agreement. (3) In the event the Corporation fails to comply with subparagraphs 1 and 2, the Goxporatioa shall be deemed to 'have selected Option 3 for a period of twenty years. OOPTION 1: The Gorporatioa shall pay to the Minister the amount without interest of the costs incurred by the Minister in connection with the management of the Forest Area after deducting therefrom the amount without interest of the revenues received by 6he Minister in connection with the management of the Forest Area provided that in the event the said revenues exceed the said costs the excess will be paid to the Corporation PTION 2: The Corporation shall grant the lands in the Forest.;.: Area to Her Majesty the Queen in right of Ontario as represented by the Minister of Lands and Forests, in fee simple, free from encumbrances and shall execute a conveyance of the lands in the Forest Area upon payment by the Minister to the Coxporatioa of the purchase price paid by the Corporation for the lands in the Forest Area. OPTION 3: The Corporation may extend the term of thi s agreement for a period of not less than twenty and not more than fifty years. '' 10. (1) Where the Minister agrees to manage any part of the Forest:: Area for recreation, the Carpgratioa agrees that the provisions of this paragraph are applicable in respect of each - 5 - recreational project. (2) Where the Minister agrees to bear all costs in respect of', a recreational project, the Coxparatian agrees that the Minister may retain all revenues received in respect of the recreational project. (3) Where the tinister and Garporation agree to equally share all costs and revenues in respect of a recreational project, the Minister agrees to pay to the Corporation one-half of all revenues, if any, received in respect of such project at the end of the year in which such revenues are received and the Gorporatioa agrees to reimburse the Minister .one-half of the capital, maintenance and operating costs in ,respect of such project in the manner following: (a) one-half of the capital costs of such project incurred in each year at the end of such pear or on completion of such project, whichever first occurs in any year. (b) one-half of the maintenance and operating costs in respect of such project incurred in each year at the end of such year. (4) The Minister and Corporation agree that paragraphs 3, 7 and 8 shall not apply in respect of any recreational project on the Forest Area and that the costs and revenues in respect of each such recreational project shall not be reckoned for the purpose of OPTION 1. 11. The Minister and Gorporatioa agree that this agreement and any lease filed with the Minister under paragraph 5 shall be registered in the proper registry or land titles office in' .accord with The Forestry Act. 12. The Minister and Corporation agree that any dispute as to the true intent and meanipg of this agreement may be referred to arbitration under The Arbitrations Act provided that no such reference shall be made unless 60 daysf written notice is given by the party intending to make such reference to the other party to this agreement. 13. The parties hereto further covenant and agree that the ., ~, 6 '.agreement made the 19th day of August , 1964 between the Minister and Gorporstio4 is hereby terminated and !' 'replaced as of the 31st day of March 19TI . IN WITNESS WHEREOF the Minister has hereunto set his :hand and the seal of the Department of Lands and Forests and the Gorporatioa has hereunto set its seal, attested by its proper officers duly authorized in that behalf. SIGNED, SEALED and DELIVERED in the presence of n., ~ ;- ',as to execution by the Minister of Lands and Forests for the "Province of Ontario. MINISTER ©F LANDS AND FORESTS THE CORPORATION OF THE TOWNSHIP OF DARLINGTON '' By `~~ C, ~ ~ ~,- }p -~ And : ,~/ ~ /~-~%%c~~'(~ I ;~ SCHEDULE "A" ALL AND SINGULAR those certain parcels ar tracts of land and premises situate, lying and being is the Township of DarliogWn in the County of Durham and Province of Ontario sad being more particularly described as follows: FIRSTLY: The north half of Lot 1 !a Concession IX of the said tawoship conbiaiag lOQ acres be the •ams mare or less. SAVING AND E]CGI~PTING thersout and thersirom that portico thereof that is included io the isod describsd as fellows: COMMENCING in the front of the said Concessioo at the south- ~' east aegis of the said lot; THENCE north siztssa degrees west s disbacs of sixty-six chains cad qn iinka; THl£NCE south seventy-four degrees west a distance ai Dios ehaina and forty-eight links; THENCE sauth sixteen degrees east a distance of si~cty-six chains and tan links more or less to the front of the said concession; THENCE north seventy-faur degrees east alaag the said front to the place of begiaa#ng. SUBJECT to sa easement of Thy Hydro-Electric Power Carn- mission of Ontario described in instrument registered as number 19403. SECONDLY: The northeast quarter of Lot 2 in Caacesslaa IX of the said township sad balog ail the east half of the said Lot E not heretofore cold cad coovsyed by one W i2liarn Clemens to one Andrew Brown by deed dated June 16, 1875 and registered Juas 28. 1875 a• somber t0T8. 5UBJECT to an easement of The Hydro-Electric Power Commission of Ontario described in Instrument registered as aumbsr 194Q3. ii i4 ' ~~ I ~ L.. ~ , SCHEDULE "B" THIS INDENTURE made the day of 19 pursuant to The Forestry Act and The Tr®~~ Act. '' BETWEEN: THE G4RPORATTON 0~' THE TOWNSHIP OF DARLIPiGTON. herein referred to as the Lessor, OF THE FIRST PART; AND THE MINISTER OF LANDS AND FORESTS or t e ovince o Ontar o, erein referred to as the Lessee, OF THE SECOND PART. WITNESSETH that pursuant to and in consideration of the agreement dated the day of , 19 , between the parties hereto, registered in as instrument number on the day of 19 , the Lessor doth demise and lease unto the Lessee ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the t s d~ from the date hereto until the 31st day of March , 19 q1 IT IS HEREBY DECLARED AND AGREED that the lands herein demised shall be deemed to be included in Schedule ^AH and to be subject to the terms and conditions of the aforesaid agreement. IN WITNESS WHEREOF the Lessee has hereunto set his hand and the seal of the Department of Lands and Forests, and the Lessor has hereunto set its seal, attested by its proper officers duly authorized in that behalf. SIGNED, SEALED and DELIVERED ) in the presence of ) ) ) ) as to execution by The Honourable ~ MINISTER OF LANDS AND FORESTS ) Minister of Lands and Forests ~ THE coRl'ORATIC')N CAF THE for the Province of Ontario. ~ TOWNSHIP OF DARLINGTON By ~ And: