Loading...
HomeMy WebLinkAboutCOD-016-05 C[;;g-!lJgron REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: April 11, 2005 i2...e~ 1fhfJ/I . 177-6-0 By-law #:;206 5"- ()~ 7 Report #: COD-016-05 File#: Subject: 1774 Rudell Road - Farm Agreement Recommendations: It is respectfully recommended to Council the following: 1. THAT Report COD-016-05 be received; 2, THAT the lease agreement (Attachment 1) with Browview Farms in the total amount of $1,000.00 for a term to commence immediately and to expire October 15, 2005 be approved; and 3. THAT the attached by-law (Attachment 2) be approved authorizing the Mayor and Council to execute the necessary agreement. Submitted b . a;~ ie Marano, H.B.Sc., C.M.O. Director of Corporate Services Reviewed b{)I"-&-~~ ~ , t=ranklin Wu, Chief Administrative Officer MMILABlld REPORT NO: COD-016-05 PAGE 2 BACKGROUND AND COMMENT Browview Farms had previously leased the subject premises (Part 1 on Expropriation Plan DR302420) from 902714 Ontario Limited. As the Municipality does not require immediate use of the lands, which are designated for the Newcastle Village Community Park, it is recommended that the property continue to be farmed for the 2005 season. This will eliminate any maintenance such as weed control required by the Municipality. The proposed agreement is for a total fee of $1,000.00 and is to commence immediately and to expire October 15, 2005. The tenant would be given the first option for a 2nd year only if the Municipality does not require the lands. /. FARM RENTAL AGREEMENT ATTACHMENT 1 THIS FARM RENTAL AGREEMENT made as of the day of ,. BETWEEN: BROWVIEW FARMS (hereinafter referred to as the "Tenant") OF THE FIRST PART -and- THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter referred to as the "Landlord") OF THE SECOND PART WHEREAS the Landlord is the owner of approximately 30 acres of vacant land located on 1774 Rudell Road Part Lot 31, Concession 1, former Township of Clarke, County of Durham, now Municipality of Clarington, Regional Municipality of Durham, more particularly described as Part 1 on Expropriation Plan DR302420 (The "Landlord's Lands"). A portion of the Landlord's Lands comprises tableland appropriate for farming (the "Premises"); AND WHEREAS the Tenant previously leased the Premises from 902714 Ontario Inc., the predecessor in title of the Landlord, for the purposes of planting and harvesting farm crops on its own account, pursuant to a verbal annual rental agreement with which agreement was extended verbally from time to time for successive terms; AND WHEREAS the parties hereto have agreed to enter into this Farm Rental Agreement for the purposes of defining their respective rights and obligations in respect of the Premises, NOW THEREFORE in consideration of the premises and the payment of Two ($2.00) Dollars paid by each party to the other, the receipt whereof is acknowledged by each of them, the parties hereto agree as follows: 1. The Landlord hereby leases the Premises to the Tenant on the following terms and conditions: Page 2 (a) Term to commence immediately and terminating on October 15, 2005; (b) Rent - $1000.00 payable in advance on the execution of this Farm Rental Agreement; (c) This Farm Rental Agreement shall terminate on October 15, 2005 unless the term is extended by written agreement of the Landlord and Tenant. All crops to be off the premises no later than October 15, 2005; (d) The Tenant shall use the Premises only for the purpose of planting and harvesting farm crops on its own account. (e) The Tenant hereby agrees not to use atrazene pesticide or any other similar product. (f) The Tenant hereby agrees to pay all property taxes based on Farm Property Class assessment. 2. The Tenant hereby permits the Landlord, its employees, contractors, consultants and agents to enter on the Premises for the purpose of making environmental site assessments of the Premises or the Landlord's Lands, and for the purpose of exploratory work thereon as is considered necessary by the Landlord in order to maintain the Premises, provided that the Landlord shall first give the Tenant written notice of its intent to enter on the Premises not less than ten (10) days and shall restore the Premises to the condition they were in prior to entering upon them. Should the Municipality of Clarington require soil testing prior to October 15, 2005, a rebate of $500.00 or damage incurred to crop, whichever is less, will be payable to the Tenant. 3. This Farm Rental Agreement will be governed by and construed according to the laws of the Province of Ontario. 4. Time is of the essence of this Farm Rental Agreement. 5. This Farm Rental Agreement and every covenant, provision and term herein contained shall enure to the benefit of and be binding upon the parties and their respective heirs, executors, administrators and assigns. 6. If any notice or other document is required to be or may be given by either party hereto to the other or by any official of the Landlord to the Tenant under this Farm Rental Agreement, such notice shall be transmitted by telefax or mailed by prepaid post or delivered to: TO: Landlord: The Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L 1C 3A6 Attention; Purchasing Manager Fax No.: (905) 623-3330 Page 3 AND TO: Tenant: Browview Farms RR#8, 56 Browview Road Newcastle, Ontario L1B 1L9 Telephone: (905)-987-4474 or such other telefax number or address of which the Tenant has notified the Landlord in writing. Any such notice telefaxed or mailed or delivered shall be deemed good and sufficient notice under the terms of this Farm Rental Agreement and if telefaxed or delivered prior to 4:30 p.m. on any business day (excluding Saturdays, Sundays and statutory holidays) shall be deemed to have been received at the time of delivery or transmission and if mailed by pre-paid registered mail, it shall be deemed to have been received on the third business day (excluding Saturdays, Sundays and statutory holidays) following the mailing thereof. Notwithstanding the foregoing, in the event that it may be reasonably anticipated that due to force majeure any notice will not be received within the time limit set out above, then such notice shall be sent by an alternate means of transportation which may reasonably be anticipated will cause the notice to be received reasonably expeditiously by the addressee. IN WITNESS WHEREOF the parties hereto have duly executed this Farm Rental Agreement as of this day of , 2005. SIGNED, SEALED AND DELIVERED )THE CORPORATION OF THE )MUNICIPALlTY OF CLARINGTON ) ) ) John Mutton, Mayor ) ) ) Patti L. Barrie, Municipal Clerk ) ) )BROWVIEW FARMS ) ) Per: ) Gerald Brown I have the authority to bind the Corporation. ATTACHMENT 2 BY-LAW 2005- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Browview Farms, to enter into agreement for the lease of 1774 Rudell Road, Part Lot 31, Concession 1, former Township of Clarke, County of Durham, now Municipality of Clarington, Regional Municipality Durham, more particularly described as Part 1 on Expropriation Plan DR302420. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, Browview Farms and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this day of ,2005. By-law read a third time and finally passed this day of ,2005. John Mutton, Mayor Patti L. Barrie, Municipal Clerk