HomeMy WebLinkAboutEGD-03-04
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llEPORT 13
CI~mgron
REPORT
ENGINEERING SERVICES
1-64.
Meeting:
COUNCIL
Report #: EGD-03-04
File#:
c- D?4 -rYf
By-law #:clttl/-OO9
Date: Monday, January 19,2004
Subject:
SUPERBUILD: BOWMANVILLE WATERFRONT LANDS
RECOMMENDATIONS:
It is respectfully recommended that:
1. THAT Council receive Report EGD-03-04; and
2. THAT Council pass a by-law to authorize the Mayor and Municipal Clerk on behalf of
the Municipality of Clarington to execute the First Amending Agreement to the Lease by
CLOCA to the Municipality dated January 1, 2000 of the Central Bowmanville Valley
Lands, the Forest Lands, Boat Ramp and Associated Lands to provide for two additional
rights of renewal of the Lease for five years each exercisable on January 1, 2020 and
January 1, 2025, respectively.
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Submitted by: Anthony Cannella, C.E.T. Reviewed by: Franklin Wu,
Director of Engineering Services Chief Administrative Officer
ASC/PW/jw
January 8, 2004
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282
REPORT NO.: EGD-03-04
PAGE 2
1.0 BACKGROUND
1.1 By Lease dated January 1, 2000, Central Lake Ontario Conservation Authority
("CLOCA") leased certain lands ("Lands") to the Municipality of Clarington for a nominal
consideration. The execution of the Lease on behalf of the Municipality was authorized
by By-law 99-183 passed on December 13, 1999. The text of the Lease is not
reproduced with this Report. The Lease is on file with the Municipal Clerk for
inspection.
1.2 The Lands leased to the Municipality comprise the "Central Bowmanville Valley Lands"
(containing about 6.7 ha) and the "Forest Lands, Boat Ramp and Associated Lands"
(containing about 10.5 halo They are shown on the maps contained in Schedules 1 and
2 of the Lease. A comprehensive map of the Lands is contained in Attachment No. 1 to
this Report. The Lands are located in the Bowmanville Urban Area.
1.3 The Lease was made after CLOCA had deemed the Lands to be secondary to its
requirements to perform its statutory mandate.
1.4 The Term of the Lease provided by section 2.02 is five years from January 1, 2000 plus
three successive rights of renewal in the Municipality, each for a further term of five
years. If each of the rights of renewal is exercised by the Municipality, the Lease will
expire on January 1, 2020.
1.5 The Municipality has applied for and has been awarded a SuperBuild grant in respect of
the improvement of the Lands. The grant is conditional on the Municipality having a
leasehold interest in the Lands which will expire, with rights of renewal, no earlier than
March 31,2027.
1.6 On September 16, 2003, CLOCA's Board of Directors agreed to the amendment of
section 2.02 of the Lease to provide for additional rights of renewal in the Municipality.
If they are exercised, the Lease would expire on January 1, 2030 (Attachment No.2).
.... "
REPORT NO.: EGD-03-04
PAGE 3
1.7 The First Amending Agreement (Attachment No.3) to the Lease to provide for these
additional rights of renewal requires Council's approval.
2.0 CONCLUSION
2.1 It is recommended that Council approve the First Amending Agreement to the Lease to
provide for two additional rights of renewal each for a term of five years on January 1,
2020 and January 1, 2025.
Attachments:
Attachment No. 1 - Maps showing Bowmanville Valley Lands, Forest Lands, Boat Ramp
Lands and Associated Lands
Attachment NO.2 - Fax message from CLOCA to Peter Windolf of the Engineering Services
Department dated September 17, 2003
Attachment NO.3 - Draft First Amending Agreement
Attachment NO.4 - Draft Authorizing By-Law
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~ Central Bowmanville Valley Lands ..........
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Bowmanville
Harbou r
Conservation
Authority
Engineering Services
REPORT EGD-03-04
ATTACHMENT NO.1
Jan. 9,2004
ATTACHMENT NO.: 2
REPORT NO.: EGD-03-04
S~P-17-2003 10:41 FROM:CLOCA 9055790994
TO: 9056234169
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Central ~
Lake Ontario "C;e,:> 10
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..okhawa, Ontario
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SEP 1 7 2003 1'lOte&RCt'Jm[p:tl9~0905) 579-0411
"VGS:Ill'" .' .:"" 05) 579-0994
ErlGlNEERING SERVICES Tak'i;u,rop,.""",,;, I
U:?AHTMENT File i
MUNiCIP,lUTY OF
ClAHI;jGl uN
RECEIVED
FAX TRANSMITTAL
Fax ,x Mail
Co~i\er Pick
TO:! Peter Windolf Date:
.Fro b: Dan White Fax No.:
Nol OF PAGES (INCLUDING TRANSMITTAL SHEET)
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Tn tl c cvcnt that you do not receive the complete number of pages, please contact Margarel 905-579-041 1.
suJ~CT: BowmanviJIe Waterfront Properties, CLOCA Letlse to Munidpality of Clarington
-----
FJ~er to your correspondence of June 27, 2003. please be advised that the matter was considered at a meeting
of tile CLOCA Board of Directors on September 16, 2003. The Board agreed to amend clause 2.02 of our lease
a~bnent to provi(le'for five five-year rights ofrenewal by adding, in addition to the existing renewal dates, the
foUI\Wlng: January 2020, January 2025. We trust this will facilitate a condition for the municipality obtaining a
Su~6I-build grant. Pleasc be kind enough to provide us with the amending papeIWork for our signatures.
As J'~ as conveying the land to .the Municipality, which we agree would best serve the needs of both
org,lniutions over the long term, I would suggest that we meet with appropriate staff from both agencies to
disdllss this further. Please call to arrange an appropriate time to schedule a meeting.
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J~lWhite
OJ .C:tor of Corporate Services
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C01ir.dentiality Note: . . .
ThelWonnation contained in this facsimile message is legally pri~ileged and confidential infonnalion intended only for
the I\"c of the individual 01" entity named above. Ifthe reader of this message is not thc intended recipient, you are
her~biy notified that any use, dissemination, distribution or copy of this facsimile is slrictly prohibited. If you bave
recd!~!ed this facsimile in error, please immediately notify us by telephonc and return the original to us by mail at the
add!~s abovc. Thank you.
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September 17, 2003
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ATTACHMENT NO.: 3
REPORT NO.: EGD-03-04
DRAFT #2
December 30, 2003
THIS FIRST AMENDING AGREEMENT to the Lease of certain lands made between
Central Lake Ontario Conservation Authority and the Municipality ofClarington 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 CLARINGTON
(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 ofClarington 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 1 and 2 to the Lease. They are
also ShO\'ffi on the Maps contained in Schedules 1 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 of the 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 _-04 passed by the
Council of the Municipality at its meeting on January 19,2004,
"
2
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
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 ofJanuary 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.
, '.
3
IN WITNESS WHEREOF the undersigned have affixed their corporate seals attested
by the hands of their property authorized officer.
THE CORPORA nON OF THE
MUNICIPALITY OF CLARINGTON
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
CENTRAL LAKE ONTARIO
CONSERV AnON AUTHORITY
By:
Name
Title:
By:
Name
Title:
, '.
SCHEDULE 1
-
-
~ CENTRAL BOWMANVILLE VALLEY LANDS
SCHEDULE 2
l
,
FREEWAY
~
LAKE ONTAIi'/O
I'" I BOWMANVILLE HARBOUR CONSERVATION AREA
~ FOREST LANDS. BOAT RAMP AND ASSOCIATED LANDS
,.~
ATTACHMENT NO.: 4
REPORT NO.: EGD-03-04
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2004-_
bein9 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 Clarin9ton dated January 1, 2000 of the Central
Bowmanville Vailey 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 19'h day of January, 2004.
BY-LAW read a second time this 19'h day of January, 2004.
BY-LAW read a third time and finally passed this 19th day of January, 2004.
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk