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HomeMy WebLinkAboutCD-45-82 DG( CORPORATION OF THE TOWN OF NEWCASTLE tU' NI{ A`.p�SJ OFFICE OF THE TOWN CLERK 40 TEMPERANCE STREET TELEPHONE 623-3379 BOWMANVILLE, ONTARIO �f L1C3A6 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF JULY 12TH 1982 CD-45-82 OUR FILE: 16. 19. 105. SUBJECT: REQUEST ON BEHALF OF THE NEWCASTLE HYDRO ELECTRIC COMMISSION TO ALTER THE TERM OF THE LEASE FOR LANDS LOCATED ON PT. LOT 10, BROKEN FRONT CONCESSION PARTS 1 AND 2, REF. PLAN 1OR-1195 RECOMMENDATIONS: 1. That this report be received; and 2. That the request that the lease respecting Town-owned lands described as Pt. Lot 10, B/F. Concession, Parts 1 and 2, on Reference Plan 1OR-1195, be amended and the term of the lease reduced to forty-nine (49) years; and 3. That the Mayor and Clerk be authorized to execute the amending agreement on behalf of the Town; and 4. That the firm of Van Nest and Associates , Solicitors , 118 King Street, Bowmanville, Ontario , L1C 3K9, be so advised. BACKGROUND AND COMMENT: By letter dated July 5th 1982, the firm of Van Nest Associates has requested that the Town consider amending the lease for the subject lands to a term of forty-nine years. At present the lease provides for a term of ninety-nine years. Continued . . . . . 12 CD-45-82 - 2 - July 12th 1982 The rationale for the request, relates to the position being taken by the Ministry of Revenue with respect to the payment of Land Transfer Taxes on all leased lands, where the term of the lease exceeds forty-nine years. The current lease was executed by the parties on September 30th 1981. Staff have reviewed the lease and see no difficulty in recommending the amendment requested by Newcastle Hydro's Solicitor. Respectfully submitted, David W. Oakes, A.M.C.T. Town Clerk. DWO/ms Att chment { r l ` VAN NEST & AsSOclATES P BARRISTERS AND SOLICITORS TELEPHONES 118 KING STREET EAST (416) 623-2771 P.O. BOX 14S &'�N op He''a'acjsmj (416) 623-2537 BOWMANVILLE, ONTARIO CLERK DEPARTMENT UC 3K9 REPLY TO Paul L. Bellefontaine July 5, 1982 David W. Oakes , Esq. , A.M.C.T. , Clerk, Town of Newcastle, 40 Temperance Street, BOWMANVILLE, Ontario. L1C 3A6 ! Dear Mr. Oakes : Re: Newcastle Hydro Electric Commission lease from the Town of Newcastle Pt. Lot 10, Broken Front Concession, Parts 1 & 2, Plan IOR-1195 Your File: 16 . 19 .105 I have spoken with the Land Transfer Tax Branch of the Ministry of Revenue with respect to the Corporation of the Town of Newcastle lease to the Newcastle Hydro Electric Com- mission for the power distribution centre on Parts 1 and 2 on Plan 1OR-1195. The Ministry of Revenue is correctly taking the position that as the Lease exceeds 49 years in length, Land Transfer Tax would be payable by the Hydro Electric Commission on the fair market value of the property. In order to determino the fair market value it would be necessary to have the local Assess- ment office determine the value of the property. Alternatively, and I would suggest preferably, we could amend the Lease to provide for a 49 year term, in which case no tax would be payable. If you are agreeable to this amendment, please advise us and we will alter it . Yours very truly, VAN NEST &,,9SOCIATES Per: / PLB:hb Paul L. Bellefontaine. i LEASL 4 THIS INDENTURE f i Made (in duplicate) the 30th day of September one thousand nine hundred and eighty-one. I IN PURSUANCE OF THE SHORT FORMS OF LEASES ACT BETWEEN I CORPORATION OF THE TOWN OF NEWCASTLE j i I herein called the Landlord of the First Part and I NEWCASTLE HYDRO ELECTRIC COMMISSION i herein called the Tenant of the Second Part i i WITNESSETH: WHEREAS: i (1) By resolution #W-195-80 dated the 2nd day of September, 1980, and ratified and adopted by Council on the 8th day of September, 1980, the landlord agreed to lease to the tenant and the tenant agreed to take a lease from the landlord of the lands described as Part of Lot 10, broken front concession, geographic township of Darlington, Parts 1 & 2, Plan 1OR-1195. (2) The said resolution provided that the tenant should construct a power distribution center on the said property. I NOW THEREFORE in consideration of the rents reserved, the landlord hereby leases to the tenant the lands, including any structures presently situate on the lands. TO HOLD the lands subject as herein provided for the term of ninety-nine i Zears commencing on the 14th day of September, 1981 and ending on the 13th day of September, 2080. I i f I LEASE �(h) Page 2 I k I i THE TENANT PAYING THEREFOR yearly and every year during the term the sum of $2.00, this sum representing the entire amount due and owing i to the landlord from the tenant for the term of the lease. i IN WITNESS WHEREOF the said parties hereto have hereunto set their hands and seals THE CORPORATION OF THE TOWN OF NEWCASTLE BY: i r NEWCASTLE HYDRO ELECTRIC CO MISSION BY: I I I k i , k , I x I { f THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 82- 99 { i i i I i being a by-law to authorize the entering into of an amending agreement with Newcastle Hydro Electric Commission The Council of the Corporation of the Town of Newcastle HEREBY ENACTS AS FOLLOWS: 1. That the Mayor and Clerk be authorized to execute on behalf of the Town of Newcastle, and seal with the Corporation seal, an amending agreement between Newcastle Hydro Electric Commission, and the said Corporation, dated the day of 1982, to provide for a reduction in the term of the lease dated September 30th 1981, from ninety-nine (99) years to forty-nine (49) years. By-law read a first and second time this 19 day of July 1982. i By-law read a third and final time this 19 day of July 1982. i I i Mayor Seal Clerk I I I I