1997-091 To Authorize the Execution of a Lease between the Township of Oro-Medonte and the Ministry of Fisheries and Oceans
.
.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 97- 91
Being a By-law to Anthorize the Execution of a Lease between the Township of Oro-
Medonte and the Ministry of Fisheries and Oceans
WHEREAS the Minister of Fisheries and Oceans has the authority to lease any Scheduled
Harbour or part thereof;
AND WHEREAS the Corporation of the Township ofOro-Medonte is desirous of continuing its
lease arrangements for the harbour property at Shanty Bay, Carthew Bay and Hawkestone for a
period of one year;
NOW THEREFORE the Council of The Corporation of the Township ofOro-Medonte hereby
enacts as follows:
1. The Mayor and Clerk are hereby authorized to execute the lease with her Majesty the Queen
represented by the Minister of Fisheries and Oceans, for the administration of the
Govermnent Harbour property at Carthew Bay, Hawkestone and Shanty Bay.
2. That the Clerk is hereby authorized to affix the original, duplicate original and copy of the
Lease with the Corporate Seal of the township ofOro-Medonte.
3. That when fully executed, a copy ofthe Lease will be attached to and form part of this By-
law.
Read a first and second time this 5'h day of November, 1997.
Read a third time and finally passed this 5'h day of November, 1997.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
MAYOR, IAN BEARD
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CLERK, LYNDA AIKEN
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GOVERNMENT
OF CANADA
GOUVERNEMENT
DU CANADA
PECHES
ET OCEANS
FISHERIES
AND OCEANS
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ORIGINAL
LEASE
BAIL
SMALL CRAFT HARBOURS BRANCH
AND
DIRECTION DES PORTS POUR PETITES EMBARCATIONS
ET
CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
AUTHORITY
Autorisation
DATE OF DOCUMENT
Document datc du
BEGINNING OF TERM
La periode de Ic)(~ation commence Ie
MAY 1, 1997
END OF TERM
1",3 pi~riode de location sc termine Ie
APRIL 30, 1999
RENT PAYABLE
Loyer payahle
$100.00 (ONE HUNDRED DOLLARS) PER ANNUM OR 15% OF GROSS REVENUE
LANDS OR RIGHTS DEMISED
Cession ou transfert
ALL AND SINGULAR those certain parcels or tracts of land and land
covered by water at Carthew Bay, Shanty Bay and Hawkestone in the Township of Oro-Medonte,
County of Simcoe, Province of Ontario, TOGETHER WITH the Government improvements located
thereon, more particularly described herein and shown in heavy outline on the Plans hereto
annexed and designated Schedules "A", "B" and "C", respectively.
.~EN().
~ de dossier
5883-70/C309 5883-70/S1681 5883-70/H208
REMARKS / Remarques
.
THIS AGREEMENT made this
day of
One thousand nine hundred and ninety-seven;
BETWEEN-
HER MAJE5TY THE QUEEN, represented herein by
the Minister of Fisheries and Oceans Canada
(hereinafter called "the Minister"),
OF THE FIRST PART;
-and-
CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE,
Province of Ontario
(hereinafter called "the Agent"),
OF THE SECOND PART;
WITNESSETH that the Mi ni ster, in consi derat i on of the rents,
covenants, provisoes and conditions hereinafter contained, hereby leases unto
the Agent:-
Descri pt i on A 11 those parcels or tracts of I and and I and covered by water,
together wi th the Government improvements located thereon at Carthew Bay,
Shanty Bay and Hawkestone in the Township of Oro-Medonte, in the County of
Simcoe and Province of Ontario (all hereinafter referred to as "the said
premises") and being more particularly described as follows:
Firsj:k
"CARTHEW BAY"
ALL AND SINGULAR that certain parcel or tract of land and land
covered by water, more particularly described as Water Lot Location DT 72, in
Lake Simcoe in Front of Lot 20, Concession XIV, Township of Oro-Medonte, County
of Simcoe, Province of Ontario, TOGETHER WITH the Government Wharf located
thereon, bei ng more part i cuI arl y shown in heavy out line on the PI an hereto
annexed and designated Schedule "A";
Secondffi
"SHANTY BAY"
ALL AND SINGULAR that certain parcel or tract of land and land
covered by water, more particularly described as Water Lot Location in Lake
Simcoe, in Front of Part of Lot 2, Registered Plan No. 486, Township of Oro-
Medonte, County of Simcoe, Province of Ontario, TOGETHER WITH the Government
Wharf located thereon, being more particularly shown in heavy outline on the
Plan hereto annexed and designated Schedule "8";
Thjrdlv:
"HAWKESTONE"
.
ALL AND SINGULAR those certain parcels or tracts of land and land
covered by water, more particularly described as Water Lot Locations in Lake
Simcoe, in Front of Part of Lot 24, Concession XI, Township of Oro-Medonte,
County of Simcoe, Province of Ontario, TOGETHER WITH the Government Wharf
located thereon, bei ng more part i cu I ar I y shown in heavy out line on the PI an
hereto annexed and designated Schedule "C".
l:Iabenctum
TO HAVE AND TO HOLD the sai d premi ses unto the Agent from and after
the first day of May, One thousand nine hundred and ninety-seven for a term or
period of two (2) years and then fully to be complete and ended.
R.~d d.~cc'l.dcc~1'1
.
Illj:gc.::
Qretation
Purpose
2.
YIELDING AND PAYING therefor, during the currency of this
Agreement, unto the Mi n i ster, to the Recei ver Genera I of Canada, in I awfu I
money of Canada, the following rent or sum, namely:-
(a)
ONE HUNDRED DOLLARS ($100.00) per annum, payable each year in
advance, or
(b)
FIFTEEN PER CENT (15%) of all gross revenue derived by the Agent
from the management and operation of the said premises, whichever
is the greater amount, and the difference between the $100.00 paid
in advance and the 15% of gross revenue is payable within sixty
days of the end of each agreement-year.
IN THIS agreement;
(i)
"Mi ni ster" means the Mi ni ster of Fi sheri es and Oceans Canada and any
person he has delegated to act on his behalf.
(ii)
"Regional Director" means the Regional Director of Small Craft
Harbours Branch of Fisheries and Oceans Canada and any person he has
delegated to act on his behalf.
It is agreed by and between the said parties hereto that these
Presents are made and executed upon and subject to the covenants, provisoes,
conditions and reservations hereinafter set forth and contained, namely:
1.
a) The Agent shall use and occupy the said premises and carry out
the management and ope rat i on of the sai d premi ses in accordance wi th
the Fi sh i ng and Recreat i ona I Harbours Act and the Fi sh i ng and
Recreational Harbours Regulations as amended from time to time, or
any other applicable act or regulations enacted or made during the
currency of this Agreement.
b) Nothing in Clause No. 1a) hereof, shall relieve the Minister
from discharging any of his duties under the said Fishing and
Recreational Harbours Act and the said Fishing and Recreational
Harbours Regulations.
c) That the Mi n i ster shall supp I y to the Agent, one copy of the
said Act and Regulations, as amended from time to time.
To P~y Rent 2. That the Agent will pay all annual rental fees herein reserved at
the time and in the manner in these Presents set forth, without any abatement
or deduction whatever.
Taxes
Comp Ii anc~
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pubJi<;...Jl.se
'ceS2
3. That the Agent will payor cause to be paid all rates, taxes and
assessments, of whatsoever description, that may at any time during the
existence of these Presents be imposed, or become due and payable upon, or in
respect of the said premises.
4. The Agent shall in all respects abide by and comply with all rules,
regulations and by-laws of municipalities and other governing bodies, in any
manner affecting the said premises.
5. Subject to Clause No. 19 hereof, the Agent shall not interfere with
the public use of the said premises during the currency of this Agreement; it
being expressly understood and agreed, however, that the Agent may refuse the
use of the said premises to any vessel on which tolls and dues are outstanding
and the Agent may take all lawful action through Small Debts Court or otherwise
to obtain payment of outstanding or overdue accounts.
6.
a) That the Minister, his servants or agents shall, at all times
and for the purpose of inspecting the said premises, have full and
free access to any and every part of the said premises.
b) The Minister shall, upon reasonable notice to the Agent, except
in the case of an emergency, have full and free access to the said
premises for the purposes of repai ring and maintaining the said
premises.
Assiqnment
f,j; eod
Cntenance
Care of
Property
lr!!Q.r_<2yg_:::
ments
Construc-
tion of
BuiJsJjnqs or
Structures_
Annoy~nce
Nu i sance
and
Disturbance
Titl~
Claims _and
pamaqes
lILciemn i-
.ficati9J'
.
3.
7. That the Agent shall not make any assignment of these Presents, nor
any transfer or sub-lease of any of the premises, rights or privileges demised
or leased hereunder, without obtaining the prior consent in writing of the
Minister to such assignment, transfer or sub-lease.
8. That the Agent shall not, during the currency of this Agreement, do,
suffer or permit to be done any act or thing which may impair, damage or injure
the said premises beyond the damage occasioned by reasonable use, and shall,
at the Agent's own cost and expense, maintain and repair all portions of the
said premises which may at any time become damaged, due to the negligence of
the Agent, it's servants or agents.
g. That the Agent sha II, at its own cost and expense, at all times
during the currency of this Agreement, keep the said premises in a neat and
tidy condition, removing or causing to be removed therefrom all papers, refuse,
litter, waste or rubbish arising out of the operations of the Agent under this
Agreement, all to the satisfaction of the Regional Director.
10. That any improvements made to the said premises by the Agent at any
time during the term of this Agreement, to make the said premises suitable for
the purposes referred to in Clause No.1 hereof, shall be at the risk, cost and
expense of the Agent and to the satisfaction of the Regional Director.
11. That the Agent shall not construct or erect any buildings or other
structures on the said premises without obtaining the approval of the Regional
Di rector, of plans showi ng the des i gn and nature of construct i on of such
buildings or structures and their proposed locations.
12. That the Agent shall not, at any time during the currency of this
Agreement do, cause or permit to be done, any act or thing in or upon the said
premises which shall, or may be, or might become, an annoyance, nuisance or
disturbance to the occupiers of any lands or premises adjoining or in the
vicinity of the said premises.
13. That it is hereby declared, and this Agreement is accepted by the
Agent, upon the express condition that the Agent shall have no recourse against
the Minister, should the Minister's title to the said premises be found to be
defective, or should these Presents prove ineffectual by reason of any defect
in such title.
14. That the Agent shall not have any claim or demand against the
Minister for loss, damage or injury of any nature whatsoever, or howsoever
caused to the said premises or to any person or property, at any time brought,
placed, made or being on the said premises unless such damage or injury is due
to the negligence of any officer, servant, agent, contractor or sub-contractor
of Her Majesty the Queen in right of Canada while acting within the scope of
his duties.
15. That the Agent shall at all times indemnify and save harml ess the
Mi ni ster from and agai nst all claims and demands, loss, costs, damages,
actions, suits or other proceedings by whomsoever made, brought or prosecuted,
in any manner based upon, occasioned by or attributable to the execution of
these Presents, or any action taken or things done or maintained by virtue
hereof, or the exercise in any manner of rights arising hereunder, except
claims for damage resulting from the negligence of any officer, servant, agent,
contractor or sub-contractor of Her Majesty the Queen in right of Canada while
acting within the scope of his duties.
4.
That this Agreement may be terminated at any time:
Termination 16.
(a)
By the Agent upon si xty days' noti ce in wri ti ng, such
notice to be signed by the Agent and delivered to or
mailed addressed to the Regional Director, Small Craft
Harbours Branch, Fisheries and Oceans Canada, P.O. Box
B5120, 3027 Harvester Road, Burlington, Ontario, L7R
4K3, or
.
Default
Hold over
.
(b) By the Minister upon sixty days' notice in writing,
signed by the Minister, and either delivered to the
Agent or any officer of the Agent, or mailed addressed
to the last known place of business or office of the
Agent
and thereupon, after the expi rat i on of such peri od of not ifi cat ion, these
Presents shall be determined and ended, and the Agent shall thereupon, and also
in the event of the determination of this Agreement in any other manner, except
re-entry under Clause No. 17 hereof, forthwith remove from the said premises
all things at any time brought or placed thereon by the Agent and shall also
to the satisfaction of the Regional Director repair all and every damage and
injury occasioned to the said premises by reason of such removal or in the
performance thereof, but the Agent shall not, by reason of any action taken or
things performed or required under this clause, be entitled to any compensation
whatever, provided that, unless required by the Minister no goods, chattels,
materials, effects or things shall be removed from the said premises until all
rent due or to become due under this Agreement is fully paid.
17. That, notwithstanding anything in this Agreement contained, if the
rent above reserved or any part thereof, shall be in arrears or unpaid, whether
or not the same shall have been in any manner demanded, or in case default,
breach or non-observance be made or suffered by the Agent at any time or times,
in, or in respect of any of the covenants, provisoes, conditions, and
reservations herein contained, which on the part of the Agent ought to be
observed and performed, then, and in every such case, provided such nonpayment
of rent, default, breach or non-observance is not cured within thirty (30) days
from the date of notice thereof in writing from the Minister to the Agent, the
Minister may terminate this Agreement by giving to the Agent a notice in
writing signed by the Minister, and either delivered to the Agent or any
officer of the Agent, mailed addressed to the last known place of business or
office of the Agent, and thereupon after the delivery or mailing of such
written notification, this Agreement shall be determined and ended, and in that
event, it shall be lawful for the Minister, his servants or agents, to re-enter
and thereafter to have, possess and enjoy the said premises and all
improvements thereon.
And no acceptance of rent subsequent to any breach or default, other
than non-payment of rent, nor any condoning, excusing or overlooking
by the Minister on previous occasions of breaches or defaults
similar to that for which re-entry is made shall be taken to operate
as a waiver of this condition nor in any way defeat or affect the
rights of the Minister hereunder.
18. Provi ded a I ways and that it is hereby agreed by and between the
parties hereto that if the said Agent shall hold over after the expiration of
the term hereby granted, and the Minister shall accept rent, the new tenancy
thereby created shall be a tenancy at will and not a tenancy from year to year,
and the Agent shall pay as rent during the time of such occupancy a rental to
be determined at the discretion of the Minister, and shall be subject to the
covenants and conditions herein contained so far as the same are applicable to
tenancy at will.
IgJI s. Dues
& Charges
.gQUnting
__ cords
Audit
Inspec_tion
po llJ,Jlion
t:;nvicIon-
mental
f""r:g:Lecti on
Service
Reservation
."""'"
USELily._l\qent
Eire
Prevention
5.
t
19. That the Agent shall, during the currency of this Agreement, charge
tolls or dues established under the authority of the Fishing and Recreational
Harbours Act by regulations approved from time to time by the Governor in
Counci I respecting the said premises. The Agent may collect additional
reasonable charges for services such as electrical power outlets, water
out lets, watchman servi ces, etc., provi ded at the Agent's expense for the
benefit and use of the boating public using the said premises.
20. That during the currency of this Agreement, the Agent shall cause
to be kept records of its operations hereunder, such records to be kept
according to accepted principles of accounting, and the Agent shall supply to
the Regional Director a certified statement for each accounting period during
the currency of the Agreement.
21.
of the
during
That the books of the Agent concerning the operation and management
said premises, shall be open for audit and inspection at all times
business hours, by the accredited officers of the Minister.
22. That the Agent shall not p I ace or deposit, or cause or permi t to be
placed or deposited, any fill, sand, gravel, detritus, waste, debris or other
materials, articles or things on the said premises which may form a deposit
thereon or therein without the prior consent, in writing, of the Regional
Director.
23. (i) The Agent agrees to abide by and comply with all federal
environmental legislation, including the relevant provisions of the Canadian
Environmental Protection Act, affecting the said premises, as well as with the
regulations and guidelines made and established under it, and all applicable
Provincial, Territorial and municipal environmental legislation, regulations,
rules or guidelines affecting the said premises.
(i i ) The Agent shall not process, use, deposi t or store on the sai d
premises or in its subsoi 1 any toxic substance, as defined in the Canadian
.Envlronmenta I Prote~t i on"l\~t, nor any other substance that const itutes or may
constitute a danger to the environment or to human life or health.
(iii) The Agent agrees to clean up, at its expense, to then current
federa I and provi nci a I standards, any part or a 11 of the sai d premi ses
contaminated during the term of this Lease or any renewal of it immediately
upon becoming aware of the contamination.
24. That this Agreement is granted strictly subject to the right of the
Minister and Lessees and Licensees of the Minister to maintain and operate
services installed on the said premises at the date of this Agreement, and to
the right of the Minister to grant leases or licences, as the case may be, at
any ti me duri ng the currency of thi s Agreement, coveri ng the ri ght and
pri vi I ege or permi ssi on to i nsta II, lay, mai ntai n and use servi ces on, over or
across the said premises and the agent shall not, at any time during the
currency hereof, do anything or cause or permit anything to be done which will
in any way interfere wi th the ri ghts and pri vi 1 eges or permi ssi ons thereby
granted, provided however, that such leases or licences will be granted subject
to this Agreement and provided that the Lessees or Licensees thereunder shall
not commence to exerci se the ri ghts and pri vi I eges or permi ssi ons thereby
granted unless and until the consent in writing is first obtained from the
Agent, and which consent shall not be unreasonably withheld.
25.
kind shall
Director.
That no applications for permission to establish concessions of any
be granted without the pri or approval in wri t i ng of the Regi ona 1
26. That in the event that any portions of the said premises are used
for the purposes of the Agent, the Agent shall establish a market rental for
such use and the Reddendum Clause shall be applied to such rental.
27. That the Agent sha 11 take all necessary precaut ions agai nst fi re
occurring in or on the said premises.
Na v iMJ)J~
Waters'
Protection
Act
M~",R~r~_Qj'
ParI i ament
.i~crim-
.'EtiQn
$ale or
Transfer
Financial
I\Qrnill-::
i strati on
Act
.
6.
28. That the Agent shall ful fi II in all respects the requi rements of Part
I of the Navigable Waters' Protection Act, Chapter N-19 of the Revised Statutes
of Canada 1970.
29. No Member of the House of Commons shall be admitted to any share or
part of this Agreement or to any benefit to arise therefrom.
30. That the Agent and any Sub-lessees shall not discriminate against
any person by reason of race, colour or creed, in any manner whatsoever,
pertaining to the operation and use of the said premises.
31. (i) Notwithstanding any other provision of this Agreement, in the event
that the Minister disposes of its interest in the leased premises, or any part
thereof, by way of sale, transfer or other conveyance, including a transfer of
administration and control to Her Majesty the Queen in right of the Province
of Ontario, the Minister shall be entitled at their sole option to assign this
Agreement, or such portion thereof, to the transferee, or to terminate this
Agreement, and the Agreement shall upon notice thereof be terminated forthwith.
(ii) In the event of notice of termination being given by the Minister
to the Agent, the Agent agrees that it shall forthwi th vacate the sai d
premises, and remove any chattels from the said premises in accordance with the
provisions of this Agreement. The Agent further agrees and acknowledges that
it shall have no cause of action against the Crown arising out of early
termination of the Agreement, and hereby releases the Minister from any
liability or otherwise that may be said to flow from the aforesaid early
termination of this Agreement.
32. If the Agent defaults in the payment of any amount due under this
Lease the Agent shall be responsible for and pay interest on such defaulted
payment (to the extent permitted by the Financial Administration Act R.S.C. 1985
Chapter F-11 and the Interest and Admi ni strat i on Charges Regul at ions SOR/96-188
(the Regulations) or any amendments thereto) up to the date payment is received
by or on behalf of Her Majesty. For greater certainty and until such time as
the Regulations are amended, in the case of default in respect of any monetary
amounts due, interest on the amount in default shall be ca I cu I ated and
compounded monthly at the average bank rate plus three per cent and accrue from
the due date of the payment, until paid. Furthermore, in the event that any
i nst rument is tendered in payment or sett I ement of any amount due to Her
Maj esty hereunder whi ch for any reason is di shonoured, the Agent shall be
responsible and pay an administrative charge of $15.00 to Her Majesty, or any
amount prescri bed therefor by the Regu I at ions wi II be app I i cab I e and in
addition to the outstanding amounts due.
IN WITNESS WHEREOF the parties hereto have executed these Presents
the day and year first above written.
SIGNED, SEALED, AND DELIVERED BY
the Agent in the presence of:
) CORPORATION OF THE TOWNSHIP OF,ORO-MEDONTE
)
)
)
)
.................................. ).........................................
)Agent
)
)
)
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)........................................ .
)Agent
)
)
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.................................. .)........................................
Witness For the Minister of Fisheries and Oceans
Witness
cis
SIGNED, SEALED, AND DELIVERED BY
the Minister in the presence of:
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..OF SURVEY OF
T~OT LOCATION DT72.
LAKE SIMCOE IN FRONT OF
T 20, CONCESSION XIV,
WNSHIP OF ORO.
'UNTY OF SIMCOE.
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!INGS ARE ASTRONOMIC AND ARE REFERRED TO
NORTH-EASTERLY BOUNDARY OF LOT 20, CON.XLV,
,HOWN ON DEPOSITED PLAN 51R-4375 AS HAVING A
HNG OF ill 31"'17'40"W.
DENOTES WITNESS.
,c DENOTES DEARDCN AND STANTON O.l.S.
SURVEYOR'S CERTIFICATE
:RTI FY THAT'
FIELD $URVEY REPRESENTED ON THIS PLAN
3 COMPLETED ON THE 291h DAYOFAPRIL,1983.
( 16,1983
d(~
ONTARJO LAND SURVEYOR
(PUBLIC WORKS CANAOA)
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0-TRANSfE~RED TO CANADA BY ORDER I~
COVNC!L 349/76 DATED FES 1 j, 1976
REGISTERED AS PARCEL WATER LOT-I
SECTION LOCATION DT-12,
PLAN 5IR-4375, PART J,
ACCEPTED BY ORDER IN COUNCIL
PCI976 -2018, DATED AUGUST 5,197
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