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Home My WebLink AboutPD-166-88 DN: 166-48 TOWN OF NEWCASTLE Cy REPORT File # Res. -: 30 -YV61 By-Law # MEETING: General Purpose and Administration Committee DATE: July 18, 1988 REPORT #: PD-166-88 FILE #: SUB.ECT: APPLICATION BY MR. BERNARD WESSELING TO LEASE VACANT TOWN-OWNED LANDS AT 59 WEST BEACH ROAD RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-166-88 be received; and 2. THAT Report CD-34-88 be lifted from table; and 3. THAT the recommendation contained in Report CD-34-88 be approved subject to an amendment to recommendation #3 to delete the wordings "and renewable on an annual basis thereafter", and further that the draft leasing agreement be amended accordingly. BACKGROUND At its meeting held on July 4, 1988, the General Purpose and Administration Committee referred Report CD-34-88 to the Director of Planning for a report. 1. COMMENT I Council is aware of the present condition and general appearance of the West Beach Area. One of the main problems lies with the lack of care and maintenance of building and property. . . .2 �� , &D}80DOM TO REPORT CD-34-88 PAGE 3 / --__-___--___-__----_-___-_________--__________-__-_______-__________-___-_____ / 3. 59 West Beach Bnnd is a narrow strip of property (see attached sketch) owned by the Town. It serves no useful gmzpnae at this time and in fact it presents a continuous maintenance problem. It is therefore beneficial to the Town if this property is leased to the abutting property owner who is prepared to oIeoo up the property and oaeo it for green belt/garden purposes. 3. Since Council will be passing an Interim Control By-law to cover the West 8emob Area for a period of up to two years pending completion of the study of Harbour Area, it is felt that the Town should not commit itself to a / Iuug term lease in the event the study recommends the Town to take other alternate course of action with this property. 4. Staff therefore respectfully recommends that the draft leasing agreement be amended to a two year period. If and when after the Council has the opportunity to review the Study's recommendation and determine that extension of the lease is in order, Mc. WeooeIiug can then approach the Town to renegotiate extension of the lease. Respectfully submitted, Recommended for presentation to the Committee / ----------------------------- Franklin Wu Lawrence E. Kntoeff Director of Planning & Development Chief Administrative officer FW*bb *Attach. July 7, 1988 L. }'• �� t'.. . 20358' S 1 y3\/ ! �..13 I104' 200 66.0•,.' (A) 171.37' — t CA _ 171.65 ' u Inu 13-1 Cy" W 1m o 3 �W a 13'-1�5-7 -__-----154.20 — 2 Pr.4A ( f RTZJOR1796 U ua P vo I ' a ---— — -f-PT. 1 1 169.62' 10 R-23 20 �1 J fs4.ei a �.(QO 1 y C3 m ON Ot I N �. ;/ y 1so..75 D u of , a x J N 13- a . 17965' fO a v i l w 13-/"V/S I a 210.21 Ir / N N CD J � v 213.12 ' rr7 y W O � I a a1 I 230' l U I232.7T / 24Q83' ( 258.04' v 19. 138.67 a / o A N 122.46' 132.87' I N 2553.. a f _N 13- 111 N N 286.75 u' f30.25 156.5 f 13 16 4.5 147.13' "' 14391' v a _ •100.1 '62.25 � . N 1 13-tt� 13 115, t11 /3-j 7 0 .,;.� TOWN OF NEWCASTLE REPORT File # 16.19.114. Res. # F By-Law # MEETING: GENERAL PURPOSE & ADMINISTRATION COMMITTEE DATE: JULY 41 1988 REPORT #: CD-34-88 FILE #: SUB.ECT: APPLICATION BY MR. BERNARD WESSELING TO LEASE VACANT TOWN-OWNED LANDS AT 59 WEST BEACH ROAD, BOWMANVILLE. RECOMMENDATIONS: It is respectfully recommended that the General Purpose & Administration Committee recommend to Council the following: 1. That Report CD-34-88 be received; and 2. That the request to lease the Town-owned vacant land at 59 West Beach Road by Mr. Bernard Wesseling be approved; and 3. That the lease be for a period of two years/�- �-r= nt�a- • and b 4. That the rent for the subject lands be established at $200.00 per year; and 5. That a by-law authorizing execution of the lease be recommended to Council for passage; and 6. That Mr. Bernard Wesseling be advised of the actions approved. Continued .. . . ./2 C I i rr-�•r•-• �w:.,wff•ce.r^T��?adeSi'M4'-f Report CD-34-88 - 2 - July 4, 1988 Mr. Bernard Wesseling is the owner of the property located at 60 West Beach Road. The Town-owned vacant parcel at 59 West Beach Road abutts Mr. Wesseling's property. The applicant has requested that the Town lease the property to him for a period of five years with an option to lease for a further five years at an annual rental charge of $2.00 per year plus property taxes. (The Treasurer advised that this offer is approximately equal to $200.00 per year) Mr. Wesseling has agreed to the $200.00 annual fee. . The subject vacant parcel is not required for municipal purposes and it is therefore, recommended that the land be leased firstly for a period of two years and then from year-to-year thereafter. A lease has been drafted based upon these terms. Mr. Wesseling has agreed to clean up the lot and use it as a greenbelt/garden area. No permanent structures will be permitted to be erected on the parcel. These and other conditions clearly enunciated in the lease, include: 1. Term of lease; 2. Annual Rent; 3. Liability Insurance; 4. Erection of permanent structures; 5. Maintenance of property; 6. Responsibility for improvements; 7. Town's liability for improvements made by tenant. i i Continued .. . . ./3 I Report CD-34-88 - 3 - July 4, 1988 The request to lease is reasonable and in view of the Town's position regarding West Beach lands it is recommended that the General Purpose & Administration Committee approve the request and forward the by-law authorizing the execution of the lease agreement to Council for passage. Respectfully submitted Recommended for Presentation David W. Oakes, B.A.,A.M.C.T.,C.M.O. !w4renceKotseff, M.C.I.P., Town Clerk Chief dm Astrative Officer DWO/ms Attachments: 1. Draft Lease 2. Draft By-law I I r:. r `a • THE CORPORATION Or THE TOWN OF NEWCASTLE BY-IAW 88- j being a by-law to authorize execution of a lease A, l agreement with Bernard Weaseling respecting lands located at 59 West Beach Road, Bowmanville : s NOW THEREFORE THE COUNCIL 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 Seal, a Lease Agreement between Mr. Bernard Weaseling and the said Corporation, dated the day of 1988, in the form attached as Schedule "A." '.• 2. THAT Schedule "A" attached hereto forms part of this by-law. r! �;. By-law read a first and seoond time this 't By-law read a third time and finally passed this a. �2 c . i 1 r Mayor ti• t . r Clerk tt , f.' THIS INDENTURE MADE THE DAY OF 1988. a / t BETWEEN: THE CORPORATION OF THE TOWN OF NEWCASTLE (Hereinafter called the "LANDLORD") - AND - BERNARD WESSELTNG (Hereinafter called the "TENANT") WITNESSETH that in consideration of the rents and covanents set forth the Landlord hereby leases to the Tenant the lands and premises known s municipally as Number 59 West Beach Road, Bowmanviile and described as being Part of Lot 10, B.F.C., former Town of Bowmanville, now in the Town of Newcastle. t To hold the lands for a term of two (2) years from the date hereof. ; '. The Tenant paying therefor yearly in advance during the term hereby ;;`• granted the sum of Two Hundred ($200.00) Dollars of lawful money of Canada, the first such payment to be due and payable upon execution of the agreement, and on the anniversary of the agreement thereafter. ' �@ -°v'�-'t'ncmcccn „c T'cr �ra i-'-i�av°e®aFj•r-@e F .. agleeeme be--renewed-on<-a-yeaT--t-e-ye_. ba , The Tenant covenants with the Landlord as follows: ;.! (a) to pay rent; (b) to provide public liability and property damage insurance in an amount not less than $1,000,000.00 for each \ occurance during the currency of the lease; (c) to maintain the lands in good order; (d) to refrain from erecting any permanent structures of whatever kind upon the leased land; (e) to maintain and keep the property in a clean and tidy condition and not permit objectionable material of any kind to be accumulated thereon. 2. The landlord covenants with the Tenant as follows: (a) for quiet enjoyment; (b) to permit the Tenant to make such improvements to the land that he deems appropriate at his cost, save and except that such improvements may not be set off against the rents or become a liability upon the title to the lands. 3. (a) The parties may terminate this lease by giving notice in writing and the effective dates of such termination shall be six months after such notice is received. ;j i - 2 - 3. (b) For the purposes of this lease, notice of termination shall be in writing and shall in the case of the Tenant, FY be delivered by the Tenant to the Clerk of the Town of ': ... Newcastle, 40 Temperance Street, Bowmanville, Ontario, L1C 3A6, and in the case of the Landlord, be delivered by the Landlord to the Tenant, Mr. Bernard Wesseling, c/o Bernhaven, R.R. #2, Bowmanville, Ontario, L1C 3A6. Executed at the Town of Newcastle this day of 1988. TENANT CORPORATION OF THE TOWN OF NEWCASTLE MAYOR if CLERK t i I t)% J. J i I .i.'