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HomeMy WebLinkAboutEGD-010-18Clarftwn Engineering Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: April 16, 2018 Report Number: EGD -010-18 File Number: Resolution: GG -195-18 & GG -196-18 By-law Number: Report Subject: Cottages on the West Beach of Port Darlington - Lease Extensions Recommendations: That Report EGD -010-18 be received; 2. That the term of the leases between the Municipality and the tenants of the seven remaining cottages on the West Beach of Port Darlington be extended on an annual basis; 3. That further extensions to the leases be considered annually as part of the Capital Budget process, and as long as funds are not approved by Council for the next phase of development, the Chief Administrative Officer be authorized to renew the leases on an annual basis; and 4. That all interested parties listed in Report EGD -010-18 and any delegations be advised of Council's decision. Municipality of Clarington Report EGD -010-18 Page 2 Report Overview The Municipality of Clarington currently leases cottages to seven long-term tenants but those leases are set to expire on December 31, 2018. The existing tenants have requested renewal of the leases. This report recommends annual renewals subject to budget considerations for the future park development. 1. Background 1.1 Ina letter dated January 22, 2018 (Attachment 1), The West Beach Association, on behalf of the seven cottagers remaining on the West Beach of Port Darlington, requested that Council and staff explore the renewal of their leases. 1.2 The first lease agreement between the Municipality and cottagers was for a term commencing May 15, 2010 to December 31, 2015. Council received a report from the Municipal Solicitor in April, 2014 recommending that the term of the leases be extended from December 31, 2015 to December 31, 2016; and that further extensions to the leases be considered annually as part of the Capital Budget process commencing with the 2015 Capital Budget. 1.3 Council passed Resolution #GPA -301-14 which extended the term of the leases to December 31, 2018, with further extensions to the leases to be considered annually as part of the Capital Budget process commencing with the 2018 Capital Budget (Attachment 2)_ 2. Discussion 2.1 The term of the existing leases expires on December 31, 2018. The annual letter from staff to the tenants included a reminder that the lease agreement expires and asked the tenants to contact staff as to whether they wished to renew their lease_ 2.2 Staff met with representatives of the West Beach Association and Councillor Woo on March 1, 2018. Staff indicated that they would be providing a report to Council on the renewal of leases. The West Beach Association would like to see a term of longer than annual renewals and also requested that future tenure succession of the cottages to family members be considered. Attached as Attachment 3 is a letter from The West Beach Association setting out the reasons for the request. Municipality of Clarington Page 3 Report EGD -010-18 2.3 Staff indicated that the existing arrangements with the cottagers have worked well. The beach is being well used by the public and currently there are no funds allocated in the 2018 or Capital forecast for the Phase 2 expansion of the park. 2.4 The current leases do not allow the cottagers to assign or sublet the cottages. The cottages are owned by the Municipality. The cottagers provided Bills of Sale and were compensated for the value of their cottage when the land under them was expropriated from the Port Darlington Harbour Company. 2.5 The land on which the cottages are located was expropriated in 2009 for the purpose of providing public access to West Beach. Prior to expropriating the lands, conceptual park development plans were approved by Council. The original Port Darlington Waterfront Park Concept Plan was approved in November 2004. The first phase of this Plan was implemented in 2012. As additional properties have been acquired to the west of the former Port Darlington Harbour Company Lands the options for future development continue to evolve. 2.6 It is unknown at this time precisely when parkland improvements will be made to the lands on which the cottages are located. The Background Study for the 2010 Development Charges By-law anticipated construction in 2018 but Staff anticipate that the next phase of construction will take place in 2019 or beyond. 2.7 Staff are recommending that the leases be extended until December 31, 2019 primarily because the cottagers are good stewards of the beach, carrying out clean-up and assisting with deterring vandalism and public mischief. Effectively, the cottagers are on- site stewards of the beach area. 3. Concurrence This report has been reviewed by the Municipal Solicitor and the Director of Planning Services who concur with the recommendations. 4. Conclusion 4.1 It is respectfully recommended that the leases of the cottagers on the West Beach be renewed for a one year period to December 31, 2019 and that further annual renewals be dependent on the advancement of the park development as approved at the time of capital budget review. 4.2 In addition, to simplify the renewal of the leases it is recommended that the responsibility for signing the lease renewals be assigned to the Chief Administrative Officer. Municipality of Clarington Resort EGD -010-18 5. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. e - Submitted by: Reviewed by: Page 4 Anthony Cannella, Andrew C. Allison, B. Comm, LL.B Director of Engineering Services CAO Staff Contact: Peter Windolf, Manager of Park Development, 905-623-3379, Ext. 2307 or pwindolf@clarington.net Attachments: Attachment 1 - Letter dated January 22, 2018 from The West Beach Association Attachment 2 - 2014 Lease Extension Agreements Attachment 3 — Letter received March 26, 2018 from The West Beach Association The following is a list of the interested parties to be notified of Council's decision: Don Adams Charles and Gail MacDonald Shirley Fowler Jean Severs Sharon Eccles Edwin and Lynda Bounsall Gary Cole �X>I-- -1114 V JAN 31 2018 MUNICIPALITY OF GLARINGTON .....n ❑I AAIAIIAIn nrnanya.e— Tke West beach Association "Life is better 6,9 tke lake, and we love to skare it." Fst. 19 18, Clarington's 01deat Community Association 1 r dsall Avenue, gowmanville, Ontario L I C ZA7 905-623--2405 January 22, 2018 The Municipality of Clarington 40 Temperance Street Bowmanville, ON L1C 3A6 Dear Mayor and Councillors: On behalf of our cottage community on the West Beach of Port Darlington, I am again taking the liberty of sending you our annual progress report on the developments in the new park on our beach. The Flood The early spring and summer of 2017 saw the highest water levels on the West Beach since the summer of 1947. This resulted in flooding of parts of the upper road and the erosion of up to 40 feet in the front of the beach of the park, and the destruction of two of the sand dunes as well as considerable damage to the other dunes. As our cottages are set far back from both the lake and the marsh, there was no damage to them and, thus, the flood was only a mild irritant to us. We, however, sympathize with our neighbours up the back road and Cedar Crest Beach who did experience considerable damage and extensive monetary loss. We as a community would like to thank the Council, Municipal Staff, the Fire Department, the Durham Regional Police, the Parks Department, the Public Works Department and the volunteers who worked so hard and did so much to alleviate the situation. Their efforts should never be questioned or forgotten. They were great! With the drop in the water levels (at first it was 3 ft. above last year's level, but by the end of August it was back to normal) the sandy beach is back but, of course, some of the dunes are gone, and will take years to return, if they ever do. The high water also brought in literally tons of drift wood, brush, and assorted other crap that left what remained of the beach in a horrible condition. Three of our members, Chuck and Gail MacDonald, and Ted Bounsall, spent about a week raking up all this debris into piles at the western end of the park. We would like to thank Bob Genosko and Brent Pascoe and the rest of the Parks Department who spend a day removing the debris from the beach. As I stated before, forty ft. of sandy beach has returned and without the dunes it is much wider and more level than it was before. It is not and probably never will be quite what it was before the flood, but beaches, being like living things, are always changing, and that, in fact, is what gives them their unique beauty. For, faced with the power of wind, water and the ever shifting sands, what could ever stay the same or, for that matter, whatever should. The Use of the Park Due to the flood and the resulting conditions of the road and the front beach, the use of the park was down considerably from the last five years, but many people still came and enjoyed it, and by mid-August we were back to normal. The warm weather and water that carried right on into September resulted in large crowds on the beach every day, especially Saturdays and Sundays. The people who come to the beach are mostly family groups or individuals who just enjoy the beach for its sand and water. They are all very good and do no damage and, in fact, many help to clean up the beach and keep it in fine shape. They are also very supportive of our community and the work that we do. Improvements Since (due to the flood) the Parks Department was very busy elsewhere, they were not able to do as much in the park this year. As a community, our members tried to help to fill this void and do as much park maintenance as we could. Again this year, our members have made many improvements to our individual cottages with much painting done, flowers planted, grass cut, old chimneys removed and steel roofs installed. Of course, all these improvements make the whole area much mote appealing to ourselves and all the many people visiting the park. Social Events Again, the "Red Letter Day" at the beach was the annual Horseshoe Match on the Civic Holiday weekend. This year over twenty individuals played with a total attendance of 75, including many of our neighbours from up the back road, the Cove Road and Cedar Crest Beach. This is a great day that brings the entire Port Darlington community together and was, incidentally, the 98th year of the tournament. Our community again had its usual barbecues and communal suppers that were enjoyed by all. The West Beach in Film As you may recall, the park has been used several times in recent years as a movie set, and this has also added to its appeal among the general population of Clarington. The movie people have said many times that an area like ours, with vintage cottages (many over 100-years-ol4 is very hard to find in southern Ontario, or anywhere else, for that matter. This again, is one of the things that makes our area and the park so unique; it is, in fact, a virtual time capsule, a piece of history that is still in existence when most of its like have long since passed into history. The Future As the members of Municipal Council well know 2018 is the year our current leases run out; the members of our community, that consists of seven cottages and 12 residents, all senior citizens and lifetime residents, are looking forward to meeting with Council and its Staff to explore the renewal of our leases. We, of course, hope for a favourable outcome from these discussions as we truly wish to remain on our beach and to continue to assist in the planning and development of the park. We are more than willing to work with the Municipality of Clarington and its Staff, and to help in any way we can in the fulfillment of our mutual interests, the general good, and the improvement of the area that we have lived in for so long. In closing, I would like to again stress how well this has worked out since the park was created ten years ago and how happy our community is with the results. I would like to again thank the Members of Council, the Municipal Services, and Staff who have worked with us to make this dream park that we all love so much, the reality it has become. I remain yours respectfully, 7 (704 Gary F. Cale f YS 7 cuyq*lz"111117� - �,'l 7! I 0 I v- � I c mw�fit i clanngton Leading the Way June 10, 2014 Ms. Sharon Eccles 1000 Lionel Ave., Lot 1 P.O. Box 470 Bala, Ontario POC IAO Dear Ms. Eccles: RE: West Beach Cottagers Association Request for Lease Extension Please find enclosed a copy of the executed "Lease Extension Agreement' for your records. If you have any questions, please call me. Sincerely, Andrew . Allison Municipal Solicitor ACA/jb C.C. Faye Langmaid Anne Greentree CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO LIC 3A6 T 905-623-3379 LEASE EXTENSION AGREEMENT This Lease Extension Agreement is made as of the 15th day of May, 2014 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (the "Municipality") - and - SHARON ECCLES (the "Tenant") WHEREAS by a lease dated as of the 12th day of May, 2010 (the "Original Lease"), the Tenant leased the cottage known as 6 West Beach Road, Bowmanville, Number 2 on Plan of Subdivision 345 (the "Cottage") for a term commencing on May 15, 2010 and ending on December 31, 2015; AND WHEREAS the Municipality and the Tenant wish to extend the term of the Original Lease. NOW THEREFORE the Municipality and the Tenant agree as follows: LEASE 1. The Municipality leases to the Tenant the Cottage on the same terms and conditions as set out in the Original Lease save and except as hereinafter set out. TERM 2. The term of the lease shall end on the 31st day of December, 2018. ORIGINAL LEASE 3. All other covenants, provisos and stipulations contained in the Original Lease shall remain in full force and effect and the Municipality and Tenant hereby mutually agree that they will perform and observe the several covenants, provisos and stipulations in the Original Lease as fully as if such covenants, provisos and stipulations have been repeated herein in full with such modifications only as are necessary to make them applicable to this lease extension agreement. -2 - BINDING AGREEMENT 4. This renewal lease shall be binding upon and enure to the benefit of the Municipality, the Tenant and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF the parties hereto have executed this Lease Extension Agreement. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Sharon Eccles icipalk Clerk clarington Leading the Way June 10, 2014 Edwin (Ted) and Lynda Bounsall 1082 Campbell Avenue Windsor, Ontario N9B 2J3 Dear Mr. and Mrs. Bounsall: RE: West Beach Cottagers Association Request for Lease Extension Please find enclosed a copy of the executed "Lease Extension Agreement" for your records. If you have any questions, please call me. Sincerely, Andrew C. Allison Municipal Solicitor ACA/jb C.C. Faye Langinaid Anne Greentree CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO LIC 3A6 T 905-623-3379 LEASE EXTENSION AGREEMENT This Lease Extension Agreement is made as of the 15th day of May, 2014 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (the "Municipality") -and- EDWIN (Ted) BOUNSALL AND LYNDA BOUNSALL (the "Tenant") WHEREAS by a lease dated as of the 12th day of May, 2010 (the "Original Lease"), the Tenant leased the cottage known as 20 West Beach Road, Bowmanville, Number 2 on Plan of Subdivision 345 (the "Cottage") for a term commencing on May 15, 2010 and ending on December 31, 2015; AND WHEREAS the Municipality and the Tenant wish to extend the term of the Original Lease. NOW THEREFORE the Municipality and the Tenant agree as follows: LEASE 1. The Municipality leases to the Tenant the Cottage on the same terms and conditions as set out in the Original Lease save and except as hereinafter set out. TERM 2. The term of the lease shall end on the 31st day of December, 2018. ORIGINAL LEASE 3. All other covenants, provisos and stipulations contained in the Original Lease shall remain in full force and effect and the Municipality and Tenant hereby mutually agree that they will perform and observe the several covenants, provisos and stipulations in the Original Lease as fully as if such covenants, provisos and stipulations have been repeated herein in full with such modifications only as are necessary to make them applicable to this lease extension agreement. - z - BINDING AGREEMENT 4. This renewal lease shall be binding upon and enure to the benefit of the Municipality, the Tenant and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF the parties hereto have executed this Lease Extension Agreement. THE CORPORATION OF THE MUNICIPAMTY OF CLARINGTON unicioal& Clerk Edwin (Ted) Bounsall � Lynda�ll ?GC: ,�t �.(J It f,e 1 f I' 2_ A) 0 clarington Leading the Way June 10, 2014 Mr. Don Adams 15 Wheelhouse Drive Newcastle, Ontario LIB 1139 Dear Mr. Adams: RE: West Beach Cottagers Association Request for Lease Extension Please find enclosed a copy of the executed "Lease Extension Agreement" for your records. If you have any questions, please call me. Sincerely, ndre v C. Alliso Municipal Solicitor ACA/jb C.C. Faye Langmaid Anne Greentree 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 LEASE EXTENSION AGREEMENT This Lease Extension Agreement is made as of the 151h day of May, 2014 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (the "Municipality") - and - DON ADAMS (the "Tenant') WHEREAS by a lease dated as of the 12th day of May, 2010 (the "Original Lease"), the Tenant leased the cottage known as 16 West Beach Road, Bowmanville, Number 6 on Plan of Subdivision 345 (the "Cottage") for a term commencing on May 15, 2010 and ending on December 31, 2015; AND WHEREAS the Municipality and the Tenant wish to extend the term of the Original Lease. NOW THEREFORE the Municipality and the Tenant agree as follows: LEASE 1. The Municipality leases to the Tenant the Cottage on the same terms and conditions as set out in the Original Lease save and except as hereinafter set out. TERM 2. The term of the lease shall end on the 31st day of December, 2018. ORIGINAL LEASE 3. All other covenants, provisos and stipulations contained in the Original Lease shall remain in full force and effect and the Municipality and Tenant hereby mutually agree that they will perform and observe the several covenants, provisos and stipulations in the Original Lease as fully as if such covenants, provisos and stipulations have been repeated herein in full with such modifications only as are necessary to make them applicable to this lease extension agreement. -2 - BINDING AGREEMENT 4. This renewal lease shall be binding upon and enure to the benefit of the Municipality, the Tenant and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF the parties hereto have executed this Lease Extension Agreement. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON n Municipalit3f Clerk L", ' - l a �,Cy 'y✓,A Don Adams clarin gton Leading the Way June 10, 2014 Ms. Shirley Fowler 16 Maimora Place Brampton, Ontario L6S 3E9 Dear Ms. Fowler: RE: West Beach Cottagers Association Request for Lease Extension Please find enclosed a copy of the executed "Lease Extension Agreement' for your records. If you have any questions, please call me. Sincerely, Andrew C.llison� Municipal Solicitor ACA/ib C.C. Faye Langmaid Anne Greentree CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 LEASE EXTENSION AGREEMENT This Lease Extension Agreement is made as of the 15th day of May, 2014 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (the "Municipality") - and - SHIRLEY FOWLER (the "Tenant') WHEREAS by a lease dated as of the 12th day of May, 2010 (the "Original Lease"), the Tenant leased the cottage known as 32 West Beach Road, Bowmanville, Number 10 on Plan of Subdivision 345 (the "Cottage") for a term commencing on May 15, 2010 and ending on December 31, 2015; AND WHEREAS the Municipality and the Tenant wish to extend the term of the Original Lease. NOW THEREFORE the Municipality and the Tenant agree as follows: LEASE 1. The Municipality leases to the Tenant the Cottage on the same terms and conditions as set out in the Original Lease save and except as hereinafter set out. 07 2. The term of the lease shall end on the 31 st day of December, 2018. ORIGINAL LEASE 3. All other covenants, provisos and stipulations contained in the Original Lease shall remain in full force and effect and the Municipality and Tenant hereby mutually agree that they will perform and observe the several covenants, provisos and stipulations in the Original Lease as fully as if such covenants, provisos and stipulations have been repeated herein in full with such modifications only as are necessary to make them applicable to this lease extension agreement. -2 - BINDING AGREEMENT 4. This renewal lease shall be binding upon and enure to the benefit of the Municipality, the Tenant and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF the parties hereto have executed this Lease Extension Agreement. THE CORPORATION OF THE MUNICIPALI--WaOF CLARINGTON Ae4mg-Municipality Clerk i 1 lj j S'irley Fowler cla 0 FIRgton Leading the Way June 10, 2014 Mr. and Mrs. MacDonald 2942 Highway #2 Bowmanville, Ontario LIC 3K5 Dear Mr. and Mrs. MacDonald: RE: West Beach Cottagers Association Request for Lease Extension Please find enclosed a copy of the executed "Lease Extension Agreement' for your records. If you have any questions, please call me. Sincerely, And • w C. Allison Municipal Solicitor ACA/jb C.C. Faye Langrnaid Anne Greentree CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET. BOWMANVILLE. ONTARIO LIC 3A6 T 905-623-3379 LEASE EXTENSION AGREEMENT This Lease Extension Agreement is made as of the 15'" day of May, 2014 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (the "Municipality") �m GAIL AND CHUCK MACDONALD (the "Tenant") WHEREAS by a lease dated as of the 12th day of May, 2010 (the "Original Lease"), the Tenant leased the cottage known as 17 West Beach Road, Bowmanville, Number 5 on Plan of Subdivision 345 (the "Cottage") for a term commencing on May 15, 2010 and ending on December 31, 2015; AND WHEREAS the Municipality and the Tenant wish to extend the term of the Original Lease. NOW THEREFORE the Municipality and the Tenant agree as follows: LEASE 1. The Municipality leases to the Tenant the Cottage on the same terms and conditions as set out in the Original Lease save and except as hereinafter set out. TERM 2. The term of the lease shall end on the 31 st day of December, 2018. ORIGINAL LEASE 3. All other covenants, provisos and stipulations contained in the Original Lease shall remain in full force and effect and the Municipality and Tenant hereby mutually agree that they will perform and observe the several covenants, provisos and stipulations in the Original Lease as fully as if such covenants, provisos and stipulations have been repeated herein in full with such modifications only as are necessary to makethem applicable to this lease extension agreement. - z - BINDING AGREEMENT 4. This renewal lease shall be binding upon and enure to the benefit of the Municipality, the Tenant and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF the parties hereto have executed this Lease Extension Agreement. THE CORPORATION OF THE MUNICIP ITY OF CLARINGTON Aetir@ Municipality Clerk a LeadingClackpgton June 10, 2014 Mi•. Gary Cole I I Edsall Avenue Bowmanville, Ontaro LIC 2A7 Dear Mr. Cole: RE: West Beach Cottagers Association Request for Lease Extension Please find enclosed a copy of the executed "Lease Extension Agreement' for your records. If you have any questions, please call me. Sincerely, Andrew . Allison Municipal Solicitor ACA/jb C.C. Faye Langmaid Anne Greentree CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET. BOWMANVILLE. ONTARIO L1C 3A6 T 905-623-3379 LEASE EXTENSION AGREEMENT This Lease Extension Agreement is made as of the 15th day of May, 2014 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (the "Municipality") TME GARY COLE (the "Tenant') WHEREAS by a lease dated as of the 12th day of May, 2010 (the "Original Lease"), the Tenant leased the cottage known as 8 West Beach Road, Bowmanville, Number 36 on Plan of Subdivision 345 (the "Cottage") for a term commencing on May 15, 2010 and ending on December 31, 2015; AND WHEREAS the Municipality and the Tenant wish to extend the term of the Original Lease. NOW THEREFORE the Municipality and the Tenant agree as follows: LEASE 1. The Municipality leases to the Tenant the Cottage on the same terms and conditions as set out in the Original Lease save and except as hereinafter set out. TERM 2. The term of the lease shall end on the 31st day of December, 2018. ORIGINAL LEASE 3. All other covenants, provisos and stipulations contained in the Original Lease shall remain in full force and effect and the Municipality and Tenant hereby mutually agree that they will perform and observe the several covenants, provisos and stipulations in the Original Lease as fully as if such covenants, provisos and stipulations have been repeated herein in full with such modifications only as are necessary to make them applicable to this lease extension agreement. - z - BINDING AGREEMENT 4. This renewal lease shall be binding upon and enure to the benefit of the Municipality, the Tenant and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF the parties hereto have executed this Lease Extension Agreement. THE CORPORATION OF THE MUNICIPALITY,OF CLARINGTON Municipality Clerk Gary Cole Clarington Leading the Way June 10, 2014 Ms. Jean Severs 15 Brock Street Ajax, Ontario LIS 1S9 Dear Ms. Severs: RE: West Beach Cottagers Association Request for Lease Extension Please find enclosed a copy of the executed "Lease Extension Agreement' for your records. If you have any questions, please call me. Sincerely, Andrew C. Allison Municipal Solicitor ACA/ib C.C. Faye Langmaid Anne Greentree CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET. BOWMANVILLE. ONTARIO L1C 3A6 T 905-623-3379 LEASE EXTENSION AGREEMENT This Lease Extension Agreement is made as of the 151h day of May, 2014 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (the "Municipality") - and - JEAN SEVERS (the "Tenant") WHEREAS by a lease dated as of the 12th day of May, 2010 (the "Original Lease"), the Tenant leased the cottage known as 28 West Beach Road, Bowmanville, Number 15 on Plan of Subdivision 345 (the "Cottage") for a term commencing on May 15, 2010 and ending on December 31, 2015; AND WHEREAS the Municipality and the Tenant wish to extend the term of the Original Lease. NOW THEREFORE the Municipality and the Tenant agree as follows: LEASE 1. The Municipality leases to the Tenant the Cottage on the same terms and conditions as set out in the Original Lease save and except as hereinafter set out. TERM 2. The term of the lease shall end on the 31 st day of December, 2018. ORIGINAL LEASE 3. All other covenants, provisos and stipulations contained in the Original Lease shall remain in full force and effect and the Municipality and Tenant hereby mutually agree that they will perform and observe the several covenants, provisos and stipulations in the Original Lease as fully as if such covenants, provisos and stipulations have been repeated herein in full with such modifications only as are necessary to make them applicable to this lease extension agreement. -2 - BINDING AGREEMENT 4. This renewal lease shall be binding upon and enure to the benefit of the Municipality, the Tenant and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF the parties hereto have executed this Lease Extension Agreement. THE CORPORATION OF THE MUNICIPAbffiY OF CLARINGTON Jean Severs icipality Clerk s MAR 2 6 2018 MUNICIPALITY OF CLARINGTON ADMiNI-33TRAFOR'B OFFICE U Tke_ `/`%est 5eack Associatiol-1 I de. is kctter Icy the lAc, anti we love to share it." F st. i L) 18, Clarington's 01,1cst�c�mmunitcj �-,5ociatic�n I i � _cisa�i /wcnuc. 5owmanvil1c. C_)ntano 1. 1 C 2Ai-7 :707-0;�3-L40 The Municipality of Clarington 40 Temperance Street Bowmanville. ON LIC 3A6 March 19, 2018 Dear Mayor and Councillors: Ori behalf of the cottage community of the West Beach of Port Darlington, I am taking the liberty of writing to you in regard to our new lease agreement. When the Municipality assumed ownership of the land for the new- park some ten years ago, our community members were given five year leases that were renewed for another five years in 2014 and so will run out on December 31, 2018. ]'his year, we have been advised that our leases will now be renewed on a year-to-year basis. In accordance with our leases we are required to keep our cottages in good repair and in a safe and aesthetically pleasing condition which we have faithfully done at the cost of thousands of dollars each over the years that the leases have been in effect. Changing to a year-to-year lease will result in an increase in feelings of uncertainty, insecurity and apprehension among the members of our community. most of whom are at an advanced age. We have been unofficially advised that the Municipality has no long-term plans for any major changes to the park for the next five years, or for the foreseeable future. It is also the expressed opinion of the people using the park, our neighbours up the road, and all those interested in the welfare of the park, that the continued existence of our community does no harm and. in tact. does considerable good to the whole concept of the park. Therefore, we would request that the Council reinstate the former practice of a five year extension, so that we can feel secure, continue to keep our cottages in the good shape that we wish to do and continue to assist in the maintenance of the park, for the betterment of the Municipality. the people who use the park and, of course, ourselves. If the Municipality, or the individual members of Council wish, or require, any more information, or input, please call me at 905-623-2405 at your convenience. I trust you will give our request your thoughtful and open consideration. I remain yours, Gary Coli