Loading...
HomeMy WebLinkAboutOPD-004-02 . Clfl!pn REPORT OPERATIONS DEPARTMENT Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE &;J/l-Itftf -tJ ;). By-Law#: ;7:002-015 March 25, 2002 Meeting: Report #: OPD-004-02 File #: /IJ 7 Subject: Hampton Valley Lands Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to the following: 1. THAT Report OPD-004-02 be received; 2. THAT the Concept Plan prepared by Cosburn Giberson (Attachment No.1) for the Hampton Conservation Area be endorsed; 3. THAT the attached proposed by-law (Attachment No.2) to authorize the Mayor and Clerk to execute the long term maintenance agreement with CLOCA for the use of the Hampton Valley Lands be approved; and 4, THAT CLOCA and Hampton Citizens Association be advised of Council's direction. .. Submitted by: Reviewed by, Fre r ' Horvath, BA, RDM.R, RRFA Franklin Wu, M.C.I.P. Director of Operations Chief Administralive Officer 8 rJ 4 REPORT NO.: OPD-004-02 PAGE 2 1.0 BACKGROUND 1.1 At a meeting held on February 12,2001, the Council of the Municipality of Clarington passed the following resolution: "Whereas the Municipality of Clarington believes it would be desirable to provide a recreational pond with the Hampton Conservation Area. And Whereas the Central Lake Ontario Conservation Authority had indicated the damming the outlet of Bowmanville Creek at Mill Street should have significant impacts including increased flood risk for the area, the loss of a cool water fishery, and loss of wetland habitat, all of which are unacceptable to CLOCA. And whereas CLOCA had indicated that they believe they, the Municipality and the community could work together to produce a mutually beneficial plan for the Hampton Conservation Area. Now therefore be it resolved that correspondence received from Perry Sissons, Director Environmental and Engineering Services, regarding this issue be received and referred to staff for consultation with CLOCA on the development of such a plan that staff report back to the General Purpose and Administration Committee on the proposed plan. 1.2 Concept Plan Operations Department staff met with representatives of CLOCA and the Hampton Community Association over the past several months to prepare a Concept Plan that would improve fish habitat, and create a pond as a wetland enhancement. Staff engaged the services of Cosburn Giberson Landscape Architect to work with the Steering Committee and to prepare preliminary master plan and cost estimate for the project. The scope of services in ;the preparation of the "Pond" conceptual master plan included the following tasks: · Review relevant background information. 8ij 5 REPORT NO.: OPD-004-02 PAGE 3 · Review existing site indications, note design constraints and opportunities. · Conduct vegetation assessment in the field. · Develop design concept in coordination with CLOCA · Prepare rendering plan for public information session. · Conduct initial meeting with local community association. · Revise design concept. · Prepare final Concept Plan and submit to Municipality and CLOCA. 1.3 Public Information Session The concept plan was presented to the general public on Tuesday July 24, 2001 at the Hampton Community Hall. Approximately 70 people attended and provided comments through questionnaires. The concept plan (Attachment No.1) received overwhelming support from the community. 1.4 Proposed BudQet In the preparation of the Concept Plan, the consultant was able to provide a cost estimate for the project. It has been proposed that funding for the project will be raised by the Hampton Citizens Association with assistance from fund raising programs such as the Wetland Habitat Fund and Trillium Foundation. The preliminary estimate for the projects is $165,000, which includes: site preparation, pathway system and plantings. CLOCA can offer in-kind contributions including technical expertise, engineering design and assistance with the development of plan components such as riparian tree and shrub plantings. The Citizens Association will be submitting applications to the Trillium Foundation, Eco Canada, Wetlands Foundation and Ducks Unlimited for the majority of the project costs. 1.5 Land ManaQement Central Lake Ontario Conservation Authority is favourable in entering into a management agreement for the CLOCA lands in the Hampton Pond Area. 8',i6 '. REPORT NO.: OPD-004-02 PAGE 4 CLOCA and the Municipality have undertaken similar management agreements with the Bowmanville Creek Valley and the Bowmanville Boat Launch. It is recommended that Council authorize staff to enter into a 5-year maintenance agreement in favour of the Municipality for the lands identified in the Hampton Conservation Area, which would require minimal maintenance. CLOCA will grant to the Municipality a further three 5-year rights of renewal ending in 2017. Renewals after this will be the subject of negotiation between CLOCA and the Municipality at that time. 1.6 CLOCA CLOCA at their meeting of September 5, 2001 directed staff to work with the Municipality of Clarington and Hampton Citizens Association to implement the Hampton Pond Recovery Project and that the Municipality of Clarington be approached to undertake the maintenance of the area. 2.0 Conclusion The master concept plan for the Hampton pond provides a clear vision of the recovery of the former Hampton Pond. The construction of the plan will be dependent on fund raising. Staff will continue to work and assist with the efforts of all parties to successfully implement the Hampton Pond Recovery Project. The efforts to date of the Hampton Citizens Association and Central Lake Ontario Conservation Authority have been instrumental in moving their project ahead. 8U7 REPORT NO.: OPD-004-02 PAGE 5 Attachments: Attachment #1 - Concept Plan Attachment #2 - Proposed By-Law Attachment #3 - Agreement Interested parties to be advised of Council's decision: Mr. R.P. Sissons, P.Eng. Director, Environmental and Engineering Services Central Lake Ontario Conservation 100 Whiting Avenue Oshawa, On L 1 H 3T3 Mr. George Krohn Hampton Citizens Association Box 82 Hampton, On LOB 1JO CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905) 263-2292 F (905) 263-4433 P'R N o c!;; <;> o Cl. ~ t o a. ., a:: .s ~ 'It 1: ., E ii III ~ ;. .. ~ :; o ..,.. 2~ US i::':<" I- Ej~ ~~ ~IWi ~ ~.~ ~~~ .x :z ~s~ :s ~~ ~3; ~ ~.~ 'i]~~ ~1l je, ~ ~3 :s::'~ eJ. '" ; ~~ 5 ~~ - ~ ~ ~- - ~; ~f ~g ~ -;~ ~~ ~ Z:'::;;: ~.; ; ~ !l!nll 8 8 r::; S~ ;.~'~ I- g ~2 ~~ ~~~ j ~ ~~ 8~ ~~; o. '-' ~~ ~ ~ ; ~ ~ ~h X ~ ~~ ~ ~~ ~ ::::"'5 ~ ~ ~ 2 ~~ ~ ~~ ~~ e ~ c' ~ ~ :; '~iS q!=; ~ ~ ~ ~ ~ 55] 9~~~~:: 2b~~2~~ ~linH / I 'L! ! II' J ; f-o f- ;eo -< OJ U :E ~ ~ 02 OJ ~ W u e: OJ ..., 5 '" ~ '-' '" u 0 f-< OJ '" 02 '" '" ~ 13 ;eo '-' ;eo c.. u '" '" '" ~ '" ;;: ~ (5 :;: f-o >- '" ~ V; '" (j) --' Q ~ -< f-o ~ '" '" '" OJ W 0 ::: o. o. > ....l 0 U U u... ~ 0 r/J '" 0.: => f-< -< '" '" " f, ~ 6 z :I ~ 3 ::: ~ Willi ~~~~S~; f5 P; :j " ~ ~ ~ ~ ...l c.. " f-o ;!J "-" 7, o " ;>: o o ~ 5 . ~ ~ " o ~~h~ ;::,,~ ;''" ;:0:-'" f.,.. ~~~,~~ '" '" ~ " ~~,~ s! ~ ,..I!!!! mil !I~I '" ~~ <"" '" '""" :>: ,",u)::c :ii :5", ~ ~~~~ ~ 0~ ~ ~~~~~ ~,~~ '-' "' o. '" f-o ;eo '" --' o. 5 Cl , 8J~@ "I ,~;!, i I ~ ~ ~~ i< ..... i!!I!Wi ~ ~ ~ :. ~; t ot. f r ~ ::; ~ E ~.;;; ~ P g_ 9 j ';; ;::;~ @ g ~ ~~ ~ ~, e ~ ~ r:- :;; ~ ~ dllia '~! "'~i,~ - '" '" ~ ~:::.'" ~ 0 ~~~~~~~;~ i:;: ~ f" - ";!C ,f", ~~~~~~x~:~ ~ .;: ~ 6 >' ~ ; ~ ~ ~;;j <; ~~ ~~":~ .,,;0- ~-~: ~~~8 ~2~5~~~~ 1611! n !III ;:i ,",,0 -16'" \:I"'" ~ :;: ~~ i; B :.:~~ ~ en Iz ~.. ii:3~ ::; 6 co.... ~ :i ~ <<5;: :~~~~~~~~~ ~ :: ~;:: ~ -: ':" ~ E" e~ " 0<-'_- ~ 6 ~ ~ ~ ~ no', ~_l !II ~~ ~"~ s:~~~~~ HI!1i i!~! I~ mil! : :f~ ti8 1 "'-";.:;; ~i': :;::: ~j::it ~E~~~~ 1~~~::~t:;::,,~~ "I i ....~ "'Iz" :;;: - Co< :=~ ::::7; '::0:: ~E ;:;a~.~~~:,:~ ~~;~;;~~~~s"'~ ~ -to:~..." -'.L v.. t::o vii: _t,.. 'I'" ""'", 0.. J "c c", ~7. "'" '" '" "- '" ~~ ~c::: ":.:....Of:i c;l ..>- ~"'::::; i=:ll :it .... - 0", '" -''-:':]'"'.. ~ f"-' _I;' "", '" ~ ~t;;::e ~~ :':l;: >::15~.. S~ '5~,,:; ~I " f'i1S :;!.!; "'.. -", "';': 9;!; ,,-' i:",,,,,, ,.., :;.: 6 F ;:;Z ::i ; ~ ;; t: ~. '" . ~ 8 i!::" ..... "'.. .. ~. , 5 . , ~\ c ~ ,~ ~ti: ~~ ""::5 ~ >-< f- - ....J <( c.. - Z u o- f- 5 ~ ~ <( ::r: a z o c.. P~i : ~ ~~ Attachment 112 OPD-004-02 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY.LAW 2002. Being a By-law to authorize the execution by the Mayor and Clerk of a long-term maintenance agreement w~h Central Lake Ontario Conservation for use of the Hampton Valley Lands. WHEREAS at its meeting on April 2,d, 2002, Council approved the recommendations of the General Purpose and Administration Committee that the recommendations contained in Report OPD-004-02 be approved; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT the Mayor and Clerk on behalf of the Municipality are authorized to execute a long-term maintenance agreement with Central Lake Ontario Conservation for use of the Hampton Valley Lands, to implement the recommendations contained in Report OPD-004-02. BY-LAW read a first and second time this 2,d day of April 2002. BY-LAW read a third time and finally passed this 2,d day of April 2002. John Mutton, Mayor Patti L. Barrie, Municipal Clerk t" . BID -1- Attachment #3 to Report #OPD-004-02 THIS LEASE made in duplicate as of the 1st day of January 2002. in pursuant of the Short Form of Leases Act: BETWEEN: CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY (hereinafter referred to U "CLOCA'') as Landlord - and- THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter referred to as the "Municipality") as Tenant WHEREAS: A. CLOCA is the owner of certain lands comprising approximately 6.7 hectares comprising part of Lot 18, Concession 5 in the fonner Village of Hampton and Township ofDarlinglOn now in the Municipality ofClarington shown on the map contained in Schedule "A" hereto ("Hampton Valley Lands''). B. CLOCA has deemed the Hampton Valley Lands to be secondary to its requrrements to perfonn its statutory mandate and has agreed to lease the Lands (collectively referred to as the "Lands") to the Municipality on the terms and conditions set out below; C. CLOCA has agreed to lease to the Municipality the Hampton Valley Lands in order to develop a recreational trail system, pond and wetland. and appropriate facilities and amenities on the Lands in accordance with the terms of the Lease; D. The parties have agreed that if the Municipality decides to lease additional lands from time to time from CLOCA they will be subject to the terms of this Lease. E. The execution of this LEASE on behalf of the Municipality is authorized by By-law No. 99- 183 passed by the Municipality's Council on December 13. 1999. ~. . . , -2. TIDS LEASE \\'IT.IrESSES THAT in conslderanon of the rents. COVenants and agreements reserved and contained on the pan of CLOCA and the Municipality, and the payment of TWO ($2.00) DOLLARS by each party to the other (the receipt and sufficiency of which is acknowledged by each of them), CLOCA demises and leases the Lands to the Municipality subject to the terms and conditions set out below. ARTICLE 1 -INTERPRETATION 1.01 Deli";"" When:vera term setout below llppeamm the text of this LeaseinCllpitalletters, the term shall have the meaning set out for It in this Section l.0l. Wherever a term below aPJltllft in the text of this Lease in reguJar-c:ase,.it shall be deemed to hmtthe meaning ordinarily attributed to it in the English language. For thepllrpOses of this Lease, the term (a) "Additional Lands" has the meaning assigned to it in Recital F of this Lease; (b) "Mnnlcipality" means The Corporation of the Municipality of Clarington and includes its successors, and where the context allows, its employees, contractors, and agents; (c) "CLOCA" means The Central Lake Ontario Conservation Authority, and its successors and, where the Context allows, its employees, contractors and agents; (d) "Event of Default" means either one of the following two circumstancea: (i) The Municipality is in default ofany of its covenants or agreements pursuant to this Lease and the default continues for a period of thiny (30) days (or such longer period as may be reasonably necessary to cure the default considering its nature) after notice by CLOCA to the Municipality specifYing with reasonable particularity the nature of the default and requiring it to be remedied. (ii) In the circumstances where the default set out in the notice given to the Municipality by CLOCA pursuant to (i) above reasonably requires more time to cure than the time period referred to in the notice, but the Municipality has not commenced remedying the default; or, in the sole opinion of CLOCA, has failed to diligently complete within a reasonable time; (e) "Easement" has the meaning assigned to it in Recital "0" of this Lease; OIl (I) "Lands" has the meaning assigned to it in Scheduie "B" of this Lease and includes the Additional Lands; (g) "Lease" means this lease agreement, including its recitals and schedules, which fonn an integral part of it, as it may be amended from time to time; (h) "Taxe.lt means. all taxes. rates.locaJ ~11I!es; cimponchargll8, duties, assessmen~ or levies which may be levied, rated., charged or assessed against any fonn of property, regardless of whom is responsible for payment. whether imposed by Federal, Provincial (including the MuldpaJlty; school board. utility commission or other authority, and whether now or in the future in existence with respect to the LanlU: Without limitation, this includes any other taxes, rates. duties, assessments, fees or levies which may be imposed on CLOCA or the MunicipaUty or anyone else on account or in lieu of taxes, whether or not they are secured against property, or of a nature similar to those taxes, and whether recurring annually, or at other intervals, or on a special or single instance basis only; (i) "Term" means the time period during which this Lease is operational, as set out in Article 2.01. Tenn includes the current ponion of the Tenn and any future renewals; and (j) "Utility Services" means sewage, water, electricity, telephone and cable television services. 1.02 LCI!islation. BY-laws: Each reference to Provincial legislation in this Lease, unless otherwise specified, is a reference to the Revised Statutes of Ontario, 1990 edition, and, in every case, includes all applicable amendments to the legislation, including successor legislation. Each reference to a By-law in this Lease, unless otherwise specified, is a reference to a By-law of the MunlclpaUty, and, in every case, includes all applicable amendments to the By-law, including successor by-laws. 1.03 Construlnl! tbis Lease: The captions, article and section names and numbers appearing in the Lease are for convenience of reference only and in no way define, limit or describe the scope or intent of any ponion of this Lease and have no effect on its interpretation. All provisions of this Lease creating obligations on either CLOCA or the Municipality shall be deemed to be and shall be construed as covenants. This Lease shall be read with all changes of gender or number required by the context. R I ~ --I- 1,04 Reasonableness: Wherever any consent. agreement or approval of the :\-lunicipatity or CLOCA is required under the terms of this Lease, then unless otherwise specifically mentioned, the party will do so reasonably. 1.05 Differences of ODinlon: All matters of difference arising between CLOCA and the Municipality in any matter connected with or arising out of this Lease, whether to interpretation or otherwise, shall be referred to a single arbitrator, if the parties agree upon its identity. Should the parties be unable to agree upon the identity of an arbitrator. then the matter shall be referred to a single arbitrator. to be appointed by a 1ustice of the Ontario Superior Coun of Justice. The arbitrator shall conduct this arbitration pursuant to the Arbitration Act. 1991, and every award or determination shall be final and binding on the parties and their successors and assigns, and shall not be subject to appeal. The arbitrator shall be allowed unfettered and unlimited discretion to determine in each and every case the solution which best balances the competing interests of the parties to the arbitration in accordance with this Lease, and he shall not be bound by any legal precedent in such determination. The arbitrator shall not be bound by the provisions of the Arbitration Act. 1991 in respect of its fees. The arbitrator shall be entitled to award all or part of his fees against any party in accordance with the principles which govern an award of costs against a non-successful party in a contested matter before the Ontario Superior Coun of Justice. In the absence of such an award by the arbitrator, the arbitrator's costs shall be borne equally by both parties, without regard to their involvement in the arbitration. ARTICLE 2 - DEMISE. TERM AND RENTAL 2.01 DemlJe (wltb Reservation): CLOCA leases to the Muuiclpallty and the Muulclpallty leases from CLOCA the Lauds on the tenns and conditions set out in this Lease for a term of five (5) years, to be computed from the 1st day of January 2002, subject to tennination and renewal as provided in this Lease. CLOCA, however, reserves the right to grant licences. rights-of-way or priVileges to others on, over. under, through or across the Lands. Subject to the provisions of this Lease. CLOCA covenants and agrees that any rights-of-way or privileges granted under this reservation will not be detrimental to the Muulclpallty's intended use of the Laudl, will not damage or disrupt permanently the physical facilities of the Municipality, will not impose any cost upon the Municipality, and will not weaken, diminish or impair the security of this Leale. 2.02 Renewall: Subject to Section 2.03, CLOCA grants to the Muuiclpality three five (5) year rights of renewal to be computed from the first day of January, 2007. the first day of January 2012, and the first day of January 2017, Renewals after those set out in this section. w,lI be the subject of negotiation between CLOCA and the Muuicipality at that time. o , . -5- 2.03 EurcisiDe Renewal Rlebls: No notice shall be required in order for the Municipality to exercise its rights of renewal pursuant to Section 2,02 of this Lease. Provided there has been no Event olDelault, this Lease shall be deemed to have been renewed for each applicable renewal portion of the Term unless the Term has been tenninated in accordance with this Lease. 2.04 Rent: During the Term of this Lease, the Municlpallty shall pay to CLOCA a nominal amount of rent in the sum of ($2.00) dollars annually. Receipt of the capitalized amount of the rent for the Term is hereby acknowledged byCLO€k 2.05 SnbJ-1 The M..lelpaJlty shall not have the right to lease-or to aaign-the Leae, sub- lease, or otherwise dispose of the Landi or to permit ~tbereon. without the prior approval in writing of CLOCA. 2.06 UtIJJtv Services: This Lease is subject to the right of CLOCA and any other person authorized by CLOCA to maintain and operate Utility Services installed on, over or across the Laud. at the date of this Leae, and to the right of CLOCA to grant easements or licences, as the case may be, from time to time, during the Term for future utility services on, over or across the Landi. ARTICLE 3 . COVENANTS. WARRANTIES & ACKNOWLEDGEMENTS OF THE MUNICIPALITY 3.01 Rent: The Municipality covenants to pay Rent in the amount of Two ($2.oo) Dollars per annum on the day of commencement of this Lease and thereafter on each annivClSlll'y thcn:of during the Term. 3.02 Uses: The parties acknowledge that a Concept Plan has been prepared by the Hampton Citizens Association (Hampton Pond Recovery Project) in association with the Municipality and CLOCA for lands which include the Hampton Valley Land.. CLOCA will co-operate with the Municipality and Hampton Citizens Association (Hampton Pond Recovery Project) in implementing the Concept Plan for the Hampton Valley Lands. 3.03 No Damaee: The Municipality covenants and agrees that it shall not do, suffer nor pennit to be done any act or thing which may impair, damage or injure the Lands beyond the damage that may be caused by reasonable use by the Municipality or members of the public of areas of the Lands amenities as contemplated by Section 3.02. 815 -1)- 3.04 Construction: The Municipality will not erect any new permanent buildings on the Lands without first obtaining the written consent of CLOCA, both as a location and type of building. 3.05 Walercounes and FlU: The Municipality covenants that it will not alter the course of any watercourse, or the natura1 topography of the Lands without first obtaining written consent of CLOCA. The Municipality further covenants not to place. or cause or permit to be placed, any fill, sand, gravel. detritus, waste or other materials on the Lands without the written consent of CLOCA. 3.06 Public Use: The Municipality covenants that it will not interfere with the public use ofthe Lands during the Term. 3.07 Maintenance: During the Term. the Municipality shaI1 maintain the Lands to a reasonable standard having regard to the uses contemplated by Section 3.02. 3.08 Laws & Rules: The Municipality covenants and agrees to abide by all applicable Federal, Provincial, and/or Municipal or local Statutes, Regulations, and By-laws. 3.09 Utility Services: The Municipality shall not do anything, or cause orpennit anything to be done, which will in any way interfere with the rights granted by CLOCA pursuant to Section 2.06. All such rights granted will be subject to this Lease, and any parties obtaining such rights will be required to obtain the Municipality's consent before exercising the rights. 3.10 Taxes: The Municipality shall pay all taxes levied against the Lands forthwith after they become due and payable. 3.11 Slens: It is understood and agreed that CLOCA's name and the Ministry of Natura1 Resources are to be suitably displayed on any signs erected in areas where CLOCA has contributed to the Municipality's land assembly programme. These names shall be displayed in a manner and size as agreed to by CLOCA and the Municipality. 3.12 CLOCA Proiects: The Municipality acknowledges that CLOCA reserves the right to undertake projects for recreational or outdoor educational purposes at its own expense on the Lands. prOVIded that these projects do not interfere WIth the '\1unicipallty's use of the 01.. ~ -,. Lands as contemplated by Section 3,02. or with any oithe projects alfected or proposed by the Municipality on the Lands. 3.13 Liability Insnrlnce: The Manlclplllty will obtain and at all time during the Term maintain comprehensive general liability insurance in the minimum amount of Five Million ($S,OOO,OOO.OO) Dollars against claims for personal injury, death or damage to property arising out of any of the operations of the Mnnlclplllty under this LeISe, or of any of the acts or omissions of the Mnnlciplllty. 3,14 Indemaitr.-At all times during the Term. the MnnidpaJitrshall indemnify and save h~,liom IOY claimrdin:ctJyOl'i'ld- ...AI)-, relatedr.b~ LIndt P~tbia-Lt-ll Witbotalimitation;thead..- '.."-' . '-.-'~l"damaget per....ohuj8Jlt~neglig~o[otherwi~widJIMU;"..;'_I' .,.rLOCA's reasonable legal costs. ARTICLE 4. COVENANTS, WARRANTIES & ACKNOWLEDGEMENTS OF CLOCA 4.01 Quiet Enlovment: Subject to the provilioDl of this Leaae, CLOCA COVCDIDII and IgreeB that the Maalciplllty shill have quiet possession of the Luds. 4.02 No Interference: CLOCA agrees that the Municipality shall have full and free access to any and every part of the Landt and hereby permits the Municipality to access the Luds from other llOdt retained by CLOCA. 4.03 Llnka2e: CLOCA cOVenants that it will provide the MnnlcipaUty with reasonable access to all portioDl of the Lands in the event that CLOCA undertakes a project on the Landt pursuant to the provisions of Section 5.05 of this Lease. 4.04 CLOCA's Jurisdiction Continues: The parties acknowledge that CLOCA hasjurisdiction over all aspects of the watercoune channels, flood control and erosion control. CLOCA's cost regarding its ongoing control and jurisdiction shall be borne by CLOCA. CLOCA shall notify the Munlclplllty, in writing, prior to undertaking any works on the Laadt or on any portion thereof. ARTICLE 5. DEFAULT AND TERMINATION 5,01 Default: Upon the occurrence ofan Event or Default, at the option ofCLOCA, the Term shall be forfeited and terminate, and CLOCA may, without notice or any form of legal process whatsoever, fonhwith re-enter upon the Lands and repossess and enjoy the same as 811 -8- oiits former estate. anytlting contained in any statute or law to the contrary not\\oithstandmg, and the provisions of Section 5.06 shall apply. 5.02 CLOCA's PerformaDte: Nothing in this Lease shall operate to prevent CLOCA.. in the circumstances of an Eveat of DefaDIt, from entering upon the Laads and performing the MUDldpallty's obligations. This work shall be contemplated at the sole cost and expense of the MUDldpallty, in addition, CLOCA may levy any charge as may then be applicable, in accordance with its policies, for administration and overhead. It is expressly understood and agreed that CLOCA is not under any obligation to perform any of the Muaidpality's covenants. 5.03 Other Remedies: Forfeiture of this Lease by the MUDicipalla,-shall be wholly without prejudice to the right ofCLOCA to recover damages lOr any antecedent breach of covenant on the part of the Muuidpality. This clause. and the rights under it, shall survive the tennination of this Lease whether by act of the parties or by operation of law. 5.04 TermlDaUoD of Lease: Neither party 10 this Lease bas the right to terminate this Lease unilaterally. The parties may, however, mutually agree in writing to terminate this Lease. 5.05 CLOCA Proiects: Notwithstanding Section 2.01, should CLOCA adopt a project pursuant to the provisions of the Conservation Act, as a result of which it shall require possession of all or part of the Laad., then it is understood and agreed that, subject to Section 4.03, possession of all or part of the Laadt shall be returned to CLOCA not earlier than twelve (12) months following the date of giving of written notice by CLOCA to the MualdplUty. In the event of such repossession by CLOCA, CLOCA agrees to reimburse the MUDldplUty for the improvement to the LIDds in an amount equal to one hundred (l 00%) percent of all capital costs less five (5%) depreciation for each full year of use by the Mualdpallty from the date of construction. 5.06 SurreDder: At the expiration or sooner detennination of the Term of this Leise or any renewal period. the MuuldplUty shall peaceably surrender and yield to CLOCA, the Land., in a well-maintained, full operating condition with all related facilities in a good state or repair (reasonable wear and tear excepted). At the expiration of the Lease or any renewal period, CLOCA will have and enjoy absolute title to all of the LaDds without compensation to the MUDiclpallty and free of any claim or encumbrance. 818 -9- ARTICLE 6 - mSCELLANEOUS 6.01 Notice: Any notice to be given under this Lease shall be sufficiently given if delivered or sent by prepaid first class mail and addressed to CLOCA at: Central Lake Ontario Conservation Authority 100 Whiting Avenue Oshawa, Ontario L1H 3T3 AtteDdoD: Chief Admlalstrative Omcer or to the MaalcipaUty at: The Corporation of the Municipality ofClarington 40 Temperance Street Bowmanville, Ontario LIC 3A6 AtteDdoD: Chief AdmlDutradve omeer~ Receipt of notice shall be deemed on the date of delivery, or five (5) days following the date of mailing of the notice, whichever is applicable. Either party may change its address for notice by giving notice of change of address pursuant to this section. 6,02 Foree Malearelflme: Notwithstanding an)'lhina in this Lease, neither party shall be in default with respect to the perf'onnance of any of the tenns of this Leue if any non- perf'onnance is due to any force majeure, strike, lock-out, labour dispute, civil commotion, war or similar event, invasion. the exercise of military power, act of God, govenunent regulations or controls, inability to obtain any material or service, or any cause beyond the reasonable control of the party (unless such lack of control results from a deficiency in financial resources). Otherwise, time shall be of the essence of this Lease and all the obligations contained herein. 6.03 Sucecsson: The rights and liabilities of the parties shall enure to the benefit of and be binding upon the parties and their respective successors and approved assigns. 6.04 Eullre Allreemeut: This Leue contains the entire agreement between the parties with respect to the Lease of the Lauds and it is agreed that there is no covenant, promise, agreement, condition precedent or subsequent, warranty or representation or understanding, whether oral or written, other than as set forth in this Leue. This Leue fully replaces and sUpersedes any letter, letter of intent, or other contractual arrangement between the parties related to the Lauds in existence at the time of execution and delivery of this Leue. 6.05 Partlallnvalldltv: If any article, section, subsection, paragraph, clause or subclause or any of the words contained in this Lease shall be held wholly or partially illegal. invalid or unenforceable by any court of competent jurisdiction, CLOCA and the Municipality agree "0 t /'I -10- that the remaInder of the Lease shall not be atIected by the Judicial holding, but shall remaIn in full force and effect. The provisions of this Lease shall have effect, notwithstanding any statute to the contrary. 6.06 RelatloDsbiD of Parties: Nothing in this Lease shall create any relatioaship between lbe parties olber lban lbat of landlord and tenant. It is specifically agreed that neilber party is a partner, joint partner, agent or trustee oflbe olber. 6.07 Waiver: No supplement, amendment or waiver of or under this Lease (excepting notice of change of address as contemplated in Section 6.0 I) shall be binding unless executed in writing by lbe party to be bound lbereby and no waiver by a party of any provision of this Lease shall be deemed or shall constitute a waiver of any olber provision or a continuing waiver unless olberwise expressly provided. 6.08 GovemiDI! La..: This agreement shall be construed in accordance wilb and govemed by the laws of lbe Province of Ontario. IN WITNESS WHEREOF lbe undersigned have affixed lbeir corporate seals attested by lbe hands of their properly authorized officer. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON John Munon, Mayor Pani L. Barrie, Clerk CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY Name: Rick Johnson Title: Chairman Name: l.R. Powell Title: Chief Administrative Officer . 820"