HomeMy WebLinkAbout2004-009
,
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2004_009
being a By-law to authorize the execution of an amendment
to the Lease by Central Lake Ontario Conservation Authority
to the Municipality of Clarington dated January 1, 2000, of
the Central Bowmanville Valley Lands, the Forest Lands,
Boat Ramp and Associated Lands as described in the
Lease.
WHEREAS at its meeting on January 19, 2004, Council approved the
recommendations contained in Report EGD-03-04,
NOW THEREFORE, the Council of The Corporation of the Municipality of
Clarington enacts as follows:
1. THAT the Mayor and the Municipal Clerk on behalf of the Municipality of
Clarington are authorized to execute the First Amending Agreement to the
Lease between Central Lake Ontario Conservation Authority and the
Municipality of Clarington dated January 1, 2000 of the Central
Bowmanville Valley Lands, the Forest Lands, Boat Ramp and Associated
lands as described in the Lease, to implement the recommendations
contained in Report EGD-03-04.
BY-LAW read a first time this 19th day of January, 2004.
BY-LAW read a second time this 19th day of January, 2004.
BY-LAW read a third time and finally passed this 19th day of January, 2004.
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THIS FIRST AMENDING AGREEMENT to the Lease of certain lands made between
Central Lake Ontario Conservation Authority and the Municipality of Clarington made as of this
19th day of January, 2004.
BETWEEN:
CENTRAL LAKE ONTARIO CONSERVATION
AUTHORITY
(hereinafter called "CLOCA")
OF THE FIRST PART
-and-
THE CORPORATION OF THE MUNICIPALITY
OF CLARlNGTON
((hereinafter called the "Municipality")
OF THE SECOND PART
WHEREAS:
A. By Lease dated January 1, 2000, CLOCA leased certain lands described therein as the
Central Bowmanville Valley Lands, the Forest Lands, the Boat Ramp and Associated Lands
(collectively the "Lands") to the Municipality of Clarington for a term of five years which may
be extended by the Municipality by the exercise of successive options to renew for additional
five year terms expiring on to January 1,2020 ("Lease");
B. The Lands are shown on the Map contained in Schedules I and 2 to the Lease. They are
also shown on the Maps contained in Schedules I and 2 hereto;
C. The Parties hereto have agreed to amend the Lease to provide for two additional rights of
renewal for five year terms in the Municipality. The effect of the exercise of all rights of renewal
by the Municipality will be that the Term ofthe Lease will expire on January 1, 2030; and
D. The execution of this First Amending Agreement to the Lease by the Mayor and
Municipal Clerk on behalf of the Municipality is authorized By-law 2004-009passed by the
Council ofthe Municipality at its meeting on January 19, 2004,
NOW THEREFORE WITNESSETH THAT in consideration of the premises and
covenants hereinafter expressed, and the sum of two ($2.00) dollars of lawful money of Canada
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now paid by each Party to the others (the receipt whereof by each Party is hereby
acknowledged), the Parties hereto covenant and agree to and with each other as follows:
1. Schedules 1 and 2 hereto contain maps showing the Central Bowmanville Valley Lands
and the Forest Lands, Boat Ramp and Associated Lands for the purposes of this First
Amending Agreement to the Lease and the Lease.
2. Section 2.02 of the Lease is hereby amended by deleting the first sentence thereof and by
replacing it with the following new sentence:
"Subject to Section 2.03, CLOCA grants the Municipality five five (5) year rights
of renewal to be computed from the first day of January, 2005, the first day of
January 2010, the first day of January 2015, the first day of January 2020, and the
first day of January 2025."
3. Except as provided in the First Amending Agreement, all other provisions of the Lease
are hereby confirmed and remain in full force and effect. Time shall be of the essence of
the Lease as amended by this First Amending Agreement.
4. This First Amending Agreement shall enure to the benefit of and shall be binding upon
the Parties hereto and their respective successors and assigns.
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IN WITNESS WHEREOF the undersigned have affixed their corporate seals attested
by the hands of their property authorized officer.
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
CENTRAL LAKE ONTARIO
CONSERVATION AUTHORITY
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SCHEDULE 1
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~ CENTRAL BOWMANVILLE VALLEY LANDS
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SCHEDULE 2
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LAKE ONJ:4R/O
BOWMANVILLE HARBOUR CONSERVATION AREA
~ FOREST LANDS, BOAT RAMP AND ASSOCIATED LANDS