HomeMy WebLinkAboutWD-28-91 t.
TOWN OF NEWCASTLE
REPORT
File
Res. #
By-Law #
SPECIAL MEETING OF THE
(STING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE: MARCH 8, 1991
REPORT #: WD-28-91 FILE #: M.75
&J&ECT: CANCELLATION OF - AGREEMENT WITH THE MINISTRY OF LANDS AND
FORESTS FOR THE MANAGEMENT OF TOWN FOREST,
NORTH HALF OF LOT 1, CONCESSION I%, DARLINGTON
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1 . THAT Report WD-28-91 be received;
2 . THAT the Minister of Natural Resources be advised that, in
accordance with Clause 9 ( 1) of the agreement dated June 28, 1971,
between the Minister and the Township of Darlington, the Town
chooses Option 1, that is, that the agreement not be renewed;
3 . THAT subject to approval of the 1991 Budget, the Treasurer be
directed to forward a cheque, payable to the Treasurer of Ontario,
for $6,378 . 75 to the Ministry of Natural Resources; and
4 . THAT a copy of Report WD-28-91 be forwarded to Paul Strassburger
and Joan Brown, Ministry of Natural Resources, and that they be
advised of Council's decision.
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REPORT NO. : WD-28-91 PAGE 2
REPORT
1.0 ATTACHMENTS
No. l: Key Map
No.2 : Agreement dated June 28, 1971, between the Minister
of Lands and Forests and the Corporation of the
Township of Darlington
2.0 INTRODUCTION
2 . 1 On June 28, 1971, the Minister of Lands and Forests and the
Corporation of the Township of Darlington entered into an agreement
for the management, by the Ministry, of the forest on a 143 acre
parcel of land owned by the Township.
2 .2 The agreement expires on April 1, 1991.
3.0 REVIEW AND COMMENT
3. 1 Clause 9 ( 1) of the agreement states:
"The Corporation agrees, during the last twelve
months of the term of this agreement, to select one
of the three options hereinbelow set forth to take
effect upon the expiry of this term of this
agreement. "
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OPTION 1•
"The Corporation shall pay to the Minister the amount without
interest of the costs incurred by the Minister in connection
with the management of the Forest Area after deducting
therefrom the amount without interest of the revenues received
by the Minister in connection with the management of the
Forest Area provided that in the event the said revenues
exceed the said costs the excess will be paid to the
Corporation. "
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REPORT NO. : WD-28-91 PAGE 3
OPTION 2•
"The Corporation shall grant the lands in the Forest Area to
her Majesty the Queen in right of Ontario as represented by
the Minister of Lands and Forests, in fee simple, free from
encumbrances and shall execute a conveyance of the lands in
the Forest Area upon payment by the Minister to the
Corporation of the purchase price paid by the Corporation for
the lands in the Forest Area. "
OPTION 3:
"The Corporation may extend the term of this agreement for a
period of not less than twenty and not more than fifty years. "
3.2 This property is located in an area which has several operating
gravel pits . The Town's gravel pit located on Morgans Road is
almost depleted. It is therefore desirable to determine if this
property has potential for operating as a gravel pit and if so, to
develop it.
It is therefore recommended that Option 1 be
selected and the agreement not be renewed with the
Minister.
3 . 3 The Ministry of Natural Resources (formerly Lands and Forests) has
advised that the amount owing by the Town to the Ministry for the
costs incurred by the Minister in connection with the management
of the Forest Area is $6,378.75.
3 .4 Funds have been provided in the 1991 Budget ( $20,000) to pay the
$6, 378 . 75 to the Minister and to provide funds to carry out soil
investigations on the property and to determine the feasibility of
developing the property as a gravel pit.
3 .5 The Ministry of Natural Resources has advised that even though the
Town chooses not to renew the agreement with the Ministry, they
will provide the Town with advice, free of charge, on the
management of the forest.
t��
REPORT NO. : WD-28-91 PAGE 4
Respectfully submitted, Recommended for presentation
to the Committee,
----------------------- --------- ----L- ---- --------
Walter A. Evans, P.Eng. , Lawrence E. Kotseff,
Director of Public Works Chief Administrative Officer
WAE*llv
February 18, 1991
Attachments
Cheque and Ministry of Natural Resources
Report to: P. 0. Box 1000
258 Queen Street East
Sault Ste. Marie, Ontario
P6A 5N5
Attention: Joan Brown
Report to: Ministry of Natural Resources
322 Kent Street West
Lindsay, Ontario
K9V 4T7
Attention: Paul Strassburger
District Manager, Lindsay District
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DRAWN J .M. DATE FEB. 1991
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ATTACH I.-,i- iJ0 1
is to a 11 i c s 3 KEY MAP
Form TM-647-R (rev 1270)
AGREEMENT made this �� day ohTreem
19� ( pursuant to The Forestry Act and Th Act.
BETWEEN:
THE MINISTER OF LANDS AND FORESTS
or the Province of Qntario, erein
called "Minister",
AND
THE CORPORATION OF THE
TOWNSHIP OF DARLING TON,
herein called "C arpor^tioa".
WHEREAS the parties hereto have previously entered into
an agreement whereby the Minister agreed to manage for forestry
purposes lands acquired by the Corporation ;
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AND WHEREAS The Forestry Amendment Act, 1967 re-defined
the term "forestry purposes" to include the production of wood and
wood products, provision of proper environmental conditions for
wild life, protection against floods and erosion, recreation, and
protection and production of water supplies;
AND WHEREAS the parties hereto desire to terminate and
replace the said agreement with these presents made under section 2
of The Forestry Act as amended;
NOW THEREFORE this agreement witnesses that in
consideration of the mutual promises, covenants, agreements and
undertakings herein contained the Minister and Corporation
agree each with the other as follows:
Corporation
1. The does hereby demise and lease unto � �
TTl�C�����1Ei�T IJ0,2
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the Minister the lands, hereinafter referred to as the "Forest �`�
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Area", described in Schedule "A" for the term of 20 years
commencing with the let day of April 1971
2. Subject to paragraph 10 and provided that moneys are
appropriated therefor by the Legislature of Ontario, the Minister
agrees,
(a) to manage the Forest Area for the
forestry purposes agreed upon by the
Minister and Corporation
(b) to furnish such equipment, plant such
trees, erect and maintain such fences,
structures, buildings and improvements
and d'o such other work that may in his
opinion be required in connection with
the management of the Forest Area; and
(c) that the costs incurred in the
i management of the Forest Area will be
borne by the Minister.
3. The Corporation agrees that the Minister during
the term of this agreement or any renewal thereof may sell,
lease or otherwise dispose of the trees or products therefrom,
structures, buildings or improvements now or hereafter growing
or erected on the Forest Area, and shall be entitled to the
revenues derived therefrom.
4. (1) The Minister agrees to furnish a report to the
Corporation within twelve months after the termination of
each year of the term of this agreement or any renewal thereof,
setting out the expenditures made, the revenues received, the work
done in respect of the Forest Area during the year covered by the
report and the work, with estimated costs and revenues, proposed
to be done in the year following the year reported.
(2) In this paragraph the word 'tyear" means a period
commencing with the 1st day of April and ending with the 31st day
of March next following.
(3) The Minister and Corporation agree to hold
meetings from time to time to discuss matters arising under this
agreement.
5. Where the Corporation , with the written approval
of the Minister, sets apart any additional land or acquires any
additional land for the purpose of this agreement and files with
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the Minister proof of ownership satisfactory to the Minister and
a lease in quintuplicate of the land substantially in accord with
Schedule "B",
• I (a) Schedule "All shall be deemed to be
amended to include the land so set
apart or acquired; and
(b) the Minister may make a grant out of
the moneys appropriated therefor by
the Legislature of Ontario to the
Corporation for the purpose
of assisting it in the acquisition
of the land of an amount to be determined
by the Minister but not exceeding 75% of,
( i) the purchase price paid by
the Corporation for
the land, and
the solicitor+s fees and
disbursements paid by the
Corporation to secure
title to the land in its name.
6. In the event the Minister and Corporation agree t
terminate this agreement in respect of any part of the Forest Area
the Corporation agrees to pay to the Minister the costs,
without interest, determined by the Minister to have been incurred
in managing such part of the Forest Area after deducting therefrom
the revenues, without interest, determined by the Minister to have
been received from the management of such part of the Forest Area
provided that in the event the said revenues exceed the said costs,
the Minister agrees to pay the excess to the Corporation
provided that moneys are appropriated therefor by the Legislature
of Ontario.
7. The Minister agrees that the Corporation may make
payments to the Minister from time to time in respect of the costs
incurred by the Minister in the management of the Forest Area, and
that such payments will be deemed to be revenues received by the
Minister in the management of the Forest Area.
8. The Corporation agrees that the Minister may make
payments to the Corporation from time to time in respect of
the revenues received by the Minister in the management of the
Forest Area, and that such payments will be deemed to be costs
incurred by the Minister in the management of the Forest Area.
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(1) The Corporation agrees, during the last twelve
months of the term of this agreement, to select one of the three
options hereinbelow set forth to take effect upon the expiry of
he term of this agreement.
(2) The Corporation agrees to advise the Minister in
riting of the selection made pursuant to subparagraph 1 before the
xpiry of the term of this agreement.
(3) In the event the Corporation fails to comply with
ubparagraphs 1 and 2, the Corporation shall be deemed to
ave selected Option 3 for a period of twenty years.
PTION 1:
The Corporation shall pay to the Minister the
mount without interest of the costs incurred by the Minister in
connection with the management of the Forest Area after deducting
therefrom the amount without interest of the revenues received by
he Minister in connection with the management of the Forest Area
rovided that in the event the said revenues exceed the said costs
he excess will be paid to the Corporation
PTION 2:
The Corporation shall grant the lands in the Forest
rea to Her Majesty the Queen in right of Ontario as represented by
he Minister of Lands and Forests, in fee simple, free from
ncumbrances and shall execute a conveyance of the lands in the
crest Area upon payment by the Minister to the Corporation
f the purchase price paid by the Corporation for the lands
n the Forest Area.
PTION
The Corporation may extend the term of this
greement for a period of not less than twenty and not more than
fifty years.
0. (1) Where the Minister agrees to manage any part of the Forest
rea for recreation, the Corporation agrees that the
rovisions of this paragraph are applicable in respect of each
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recreational project.
(2) Where the Minister agrees to bear all costs in respect of
a recreational project, the Corporation agrees that the
Minister may retain all revenues received in respect of the
recreational project.
(3) Where the Minister and Corporation agree to
equally share all costs and revenues in respect of a recreational
project, the Minister agrees to pay to the Corporation
one-half of all revenues, if any, received in respect of such
project at the end of the year in which such revenues are received
and the Corporation agrees to reimburse the Minister
one-half of the capital, maintenance and operating costs in
respect of such project in the manner following:
(a) one-half of the capital costs of such
project incurred in each year at the
end of such year or on completion of
such project, whichever first occurs
in any year.
(b) one-half of the maintenance and
operating costs in respect of such
project incurred in each year at
the end of such year.
(4) The Minister and Corporation agree that paragraphs
3, 7 and 8 shall not apply in respect of any recreational project
on the Forest Area and that the costs and revenues in respect of
each such recreational project shall not be reckoned for the
purpose of OPTION 1.
11. The Minister and Corporation agree that this
agreement and any lease filed with the Minister under paragraph 5
shall be registered in the proper registry or land titles office in
accord with The Forestry Act.
1211. The Minister and Corporation agree that any disput
as to the true intent and meaning of this agreement may be referred
to arbitration under The Arbitrations Act provided that no such
reference shall be made unless 60 days? written notice is given
by the party intending to make such reference to the other party
to this agreement.
13. The parties hereto further covenant and agree that the
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agreement made the 19th day of August , 1964 between the
Minister and Corporation is hereby terminated and
replaced as of the 31st day of March 1971 .
IN WITNESS WHEREOF the Minister has hereunto set his
hand and the seal of the Department of Lands and Forests and the
Corporation has hereunto set its seal, attested by its
proper officers duly authorized in that behalf.
SIGNED, SEALED and DELIVERED )
in the presence of )
111A
as to execution by the Minister ) MINISTER OF SANDS AND FORESTS
of Lands and Forests for the )
Province of Ontario.
THE CORPORATION OF THE
TOWNSHIP OF DARLINGTON
)
By
And:
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SCHEDULE "A"
ALL AND SINGULAR those certain parcels or tracts of land
and promisee situate, lying and being in the Township of Darlington in the
County of Durham and Province of Ontario and being more particularly
described as follows:
FIRSTLY: The north half of Lot 1 in Concession IX of the said township
containing 100 acres be the same more or lees,
SAVING AND EXCEPTING thereout and therefrom that portion
thereof that is included in the land described as follows;
COMMENCING in the front of the said Concession at the south-
east angle of the said lot;
THENCE north sixteen degrees west a distance of sixty-six
chains and ten linkel
THENCE south seventy-four degrees west a distance of nine
chains and forty-eight links;
THENCE, south sixteen degrees east a distance of sixty-six
chains and ten links more or less to the front of the said concession;
THENCE north seventy-four degrees east along the said
front to the place of beginning.
SUBJECT to an easement of The Hydro-Electric Power Com-
mission of Ontario described in instrument registered as number 19403.
SECONDLYi The northeast quarter of Lot 2 in Concession IX of the said
township and being all the east half of the said Lot 2 not heretofore sold
and conveyed by one William Clemens to one Andrew Brown by deed dated
June 16, 1875 and registered June Z8, 1875 as number 2078.
SUBJECT to an easement of The Hydro-Electric Power
Commission of Ontario described in instrument registered as number 19403,
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SCHEDULE "B"
THIS INDENTURE made the day of ,
19 pursuant to The Forestry Act and The Trees Act.
BETWEEN:
THE CORPORATION OF THE
TOWNSHIP OF DARLINGTON,
herein referred to as the Lessor,
OF THE FIRST PART;
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AND
THE MINISTER OF LANDS AND FORESTS
or the Province of Ontario, he rein
referred to as the Lessee,
OF THE SECOND PART.
WITNESSETH that pursuant to and in consideration of
the agreement dated the day of , 19 ,
between the parties hereto, registered in
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as instrument number on the day of
19 , the Lessor doth demise and lease unto the Lessee
ALL AND SINGULAR that certain
parcel or tract of land and premises
situate, lying and being in the
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from the date -hereto until the 31st day of March , 1991
IT IS HEREBY DECLARED AND AGREED that the lands herein
demised shall be deemed to be included in Schedule "A„ and to be
subject to the terms and conditions of the aforesaid agreement.
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IN WITNESS WHEREOF the Lessee has hereunto set his hand
and the seal of the Department of Lands and Forests, and the
Lessor has hereunto set its seal, attested by its proper officers
duly authorized in that behalf.
SIGNED, SEALED and DELIVERED )
in the presence of )
)
as to execution by The Honourable MINISTER OF LANDS AND FORESTS
Minister of Lands and Forests THE CORPORATION OF THE
for the Province of Ontario. ) TOWNSHIP OF DARLINGTON
)
By:
And:
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REPORT WD-31-91
WAS WITHDRAWN FROM THE G.P.& A. AGENDA
OF MARCH 18, 1991
ORIGINAL REPORT IS IN MARIE KNIGHT'S
G.P. & A. BUILD-UP FILE
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