Loading...
1991-048 Oro II !! Iii I II t I II I II It ! II Ii .. I I 'I 11 I I II Ii II ! ! I I I I I I I THE CORPORATION OF THE TOWNSHIP OF ORO BY-LAW NO. 91- 48 Being a By-Law to Authorize the Execution of a Lease between the Township of Oro 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 of Oro is desirous of continuing its lease arrangements for the harbour property at Shanty Bay, Carthew Bay and Hawkestone for a period of five years; NOW THEREFORE the Council of the Corporation of the Township of Oro hereby enacts as follows: 1. The Reeve 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 Government 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 of Oro. 3. That when fully executed, a copy of the Lease will be attached to and form part of this By-law. READ a first and second time this 15th day of July 1991. READ a third time and finally passed this 15th day of July 1991. THE CORPORATION OF THE TOWNSHIP OF ORO Re~rt E.~r~ I . .. II II II II II I I I I I I /~Ph Administrator/Clerk, Robert W. Small AGREEMENT made this 12th day of August, thousand nine hundred and ninety-one; BETWEEN- HER MAJESTY THE QUEEN, represented herein by the Minister of Fisheries and Oceans (hereinafter called "the Minister"), OF THE FIRST PART; -and- CORPORATION OF THE TOWNSHIP OF ORO, Province of Ontario (hereinafter called "the Agent"), OF THE SECOND PART; WITNESSETH that the Minister, in consideration of the rents, covenants, provisoes and conditions hereinafter contained, hereby leases unto the Agent:- Descri ti n All those parcels or tracts of land and land covered by water, together with the Government improvements located thereon at Carthew Bay, Shanty Bay and Hawkestone in the Township of Oro, County of Simcoe and Province of Ontario (all hereinafter referred to as "the said premises") and being more particularly described as follows: Firstly: "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, 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 "A"; Secondly: "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, 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 "B"; Thi rdly: "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, 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 "Cu. Habendum TO HAVE AND TO HOLD the said premises unto the Agent from and after the first day of May, One thousand nine hundred and ninety-one for a term or period of five (5) years and then fully to be complete and ended. Reddendum Inter- pretation Purpose 2. YIELDING AND PAYING therefor, during the currency of this Agreement, unto the Minister, to the Receiver General of Canada, in lawful money of Canada, the following rent or sum, name1y:- (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; (1) "Minister" means the Minister of Fisheries and Oceans and any person he has delegated to act on his behalf. (ii) "Regional Director" means the Regional Director of Small Craft Harbours Branch of the Department of Fisheries and Oceans 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 operation of the said premises in accordance with the Fishing and Recreational Harbours Act and the Fishing 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 Minister shall supply to the Agent, one copy of the said Act and Regulations, as amended from time to time. To Pa Re t 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 Access 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. Care of Property Improve- ments Construc- tion of Buildin s Structure Annoyance Nuisance and Disturban e Title Claims an DamaQes 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 impai r, 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. 9. That the Agent shall, 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 or Director, of plans showing the design and nature of construction 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 harmless the Minister from and against 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. Terminati n 16. That this Agreement may be terminated at any time: Default Hold over (a) By the Agent upon sixty days' notice in writing, such not i ce to be signed by the Agent and deli vered to or mailed addressed to the Regional Director, Small Craft Harbours Branch, Department of Fisheries and Oceans, P.O. Box 5050, 867 Lakeshore Road, Burlington, Ontario, l7R 4A6, or (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 expiration of such period of notification, 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. Provided always 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. Tolls Du s & Charges Accountin Records 5. 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 Counc il respect i ng the said premi ses. The Agent may co 11 ect add i t i ona 1 reasonable charges for services such as electrical power outlets, water outlets, watchman services, etc., provided 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. That the books of the Agent concerning the operation and management of the said premises, shall be open for audit and inspection at all times during business hours, by the accredited officers of the Minister. Pollution 22. That the Agent shall not place or deposit, or cause or permit to be I 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 Di rector. Service 23. That this Agreement is granted strictly subject to the right of the Reservati n 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 time duri ng the currency of thi s Agreement, coveri ng the ri ght and privilege or permission to install, lay, maintain and use services 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 with the rights and privileges or permissions 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 exercise the rights and privileges or permissions thereby granted unless and until the consent in writing is first obtained from the Agent, and which consent shall not be unreasonably withheld. Concessio 24. That no applications for permission to establish concessions of any kind shall be granted without the prior approval in writing of the Regional Di rector. Fire Preventio 25. 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. 26. That the Agent shall take all necessary precautions against fire occurring in or on the said premises. 27. That the Agent shall fu1fi 11 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. 6. 28. 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. 29. 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. 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 ) ) ) ) ~....... L~{.. ..e..~.... )~~t: .1.</.'. . ~ ) ) !. ./4rX! L4!:......... )Agent ) ) SIGNED, SEALED, AND DELIVERED BY ) the Minister in the presence of: ) ) ) ......J. ~ ....... ................._ )F~Minister of Fisheries and Oceans ..~. Witness ......".. Witness cis If .