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Home My WebLink AboutKIN 94 056 Lease -Small Crafts ~ THE CORPORATION OF THE TOWN OF KINCARDINE · . BY-LAW BY-LAW NO. 1994-56 A BY-LAW TO AU'l'HORIZE THE SIGNING OF A LEASE AGREEMENT WITH THE DEPARTMENT OF FISHERIES AND OCEANS, SMALL CRAFT HARBOURS BRANCH · WHEREAS the Council for The Corporation of the Town of Kincardine deems it advisable to enter into a lease agreement with the Government of Canada; AND agreement basin; WHEREAS the Kincardine Yacht Club, through an with the Town, has abandoned its lease on the harbour NOW THEREFORE the Council for The Corporation of the Town of Kincardine ENACTS as follows: 1. That The Corporation of the Town of Kincardine enter into an agreement with the Government of canada, Department of Fisheries and Oceans, Small Craft Harbours Branch to lease those lands covered by the waters of Kincardine harbour. 2. That the of The agreement Fisheries which is Corporate mayor and clerk be authorized to sign, on behalf Corporation of the Town of Kincardine, the with the Government of Canada, Department of and Oceans, Small Craft Harbours Branch to attached to this by-law and to affix the Town's seal as and when required. · 3. This by-law shall come into full force and effect upon its final passage. 4. This by-law may be cited as the "Small Craft Harbours Lease Agreement By-law". READ a FIRST and SECOND time this 1st day of September, 1994. . .~~ READ a THIRD time and FINALLY PASSED this 15th day of September, 1994. ~ " " " " 1+1 GOVERNMENT GOUVERNEMENT OF CANADA DUCANADA FISHERIES PlæCHES AND OCEANS ET OCEANS rjJ"C'\>:<I ~'r ... fII -' <,; ~" -<qJYaov 9309 00 002-1. DUPlICATE ORIGIIIAl SUPPlEMENTAl AGREEMENT CONVENTION SMALL CRAFT HARBOURS BRANCH AND DIRECTION DES PORTS POUR PETITES EMBARCATIONS ET THE CORPORATION OF THE TOIIiI OF KINCARDINE UTHORITY utorisation DATE OF DOCUMENT . Document daté du SEPTEfllBER 20. 1994"' BEGINNING OF TERM La période de locaûon commence Ie END OF TERM SEPTBIIER 14. 1898 La période de location se termine Ie 'l.ENT PAYABLE oyer payable t100.00 (ONE HtJNIIIItD DOLlARS) PER __ OR 1.. OF ... R£VIIIJE ~s OR RIGHTS DEMISED All All) 81". Art thoee certain .....1. or .tnlØb of 1. . 1. CeSSlon ou transfert / covered by the vaters of Kincardi_ Harbour. TOCIETHIiR WITH the bru,........ llartleur "'1n wall. and other ..r1M-nll.tad fac111t1.. located thertlOn .1tuate. ly1", . 1181", in the Town of Kincardine in the County of .rooe . Prcw1_ of Gntar1e. . 1le1ft!11 ..... particularly shown outlined in .... on the Plan hereto ..,"mid and ..1....hllled......1. "A". FILE No, No de dossier 5882-70/K274 II.IRI~l:'¡Off~S '.unl! 3 A ~"('",I"fÐ -:~r 'Q' 1994 REMARKS I Remarques SMALL CRAFT ¡-IAREJOURS BuQG10N/ gNMff/g .. ,"¡ -; · , · , · , .+. Fisheries and Oceans Pêches et Océans Small Craft Harbours Central and Arctic Region Ports pour petite bateaux Région du Centre et du l'Arctique 861 Lcd-.,.;>I,vI" R......d f .e. Bv^ Jess Burlington, Ontario Lm 4t.6 P.O. Box 85120 3027 Harvester Road Burlington, Ontario L7R 4K3 (905) 639-5377 86)", ...1,..." I;" Ldho;;.;>1 IV' CI B.P. sese Burlington (Ontario) LiA .tAS October 5, 1994. Ms. Maureen A. Couture, Clerk-Administrator, Corporation of the Town of Kincardine, 707 Queen Street, Kincardine, Ontario. N2Z U9 Dear Ms. Couture: Your tile Votre réfBrence OUr file Notre réferenCB 5882-70/K274 re: Supplemental Agreement 9309 00 002-1 amending Management Lease No. 9309 00 002 Kincardine Harbour. Ontario Thank you for your letter of September 19, 1994 with enclosures. Enclosed is the Duplicate Original of the above-noted Agreement, duly executed on behalf of the Minister, for your retention. Thank you for your assistance. Yours truly, (b. -K ðb+$~ JelL Fred H. Shipley . Chief, Regional Property and Operations Small Craft Harbours Branch Central and Arctic Region Ene. .~';'~~;¿.J DISTRIBUTION fnJm: Do1II: Agenda. DIY. Req'd Mayor Agenda. Not. Req'd C.B.O. Agend.1. RÐpor1S Dlr. . Roc, Clerk· Admin Fac. Mgr. T",asurer ,.(:'.\. T.M.S. A", ChIef Has. ConIJ8 Chief of PoNce completed Canadã THE CORPORATION OF THE TOWN OF KINCARDINE ,,-I (f}' ::...... . . .' ..' '. BY- LAW BY-LAW RO. 1994-56 I A BY-LAW TO AU'l'IIORIZE TIlE SIGHIHG OF A LEASE )lCl>K~"'''[ WI'lII THE DEPARTMENT OF FISIIElUBS AND OCBARS, SHALL CRAr.l' HARBOURS BRANCH WH~ the Council for The corporation of the Town of Kincardine deems it advisable to enter into a lease agreement with the Government of Canada; AND WHEREAS the Kincardine Yacht Club, through an agreement with the Town, has abandoned its lease on the harbour basin; NOW TllBRBFORB the Council for The Corporation of the Town of Kincardine BRACTS as follows: 1. That The Corporation of the Town of Kincardine enter into an agreement with the Government of Canada, Department of Fisheries and Oceans, Small Craft Harbours Branch to lease those lands covered by the waters of Kincardine harbour. 2. That the mayor and clerk be authorized to sign, on behalf of The corporation of the Town of Kincardine, the agreement with the Government of Canada, Department of Fisheries and Oceans, Small Craft Harbours Branch to which is attached to this by-law and to affix the Town's Corporate seal as and when required. 3. This by-law shall come into full force and effect upon its final passage. 4. This by-law may be cited as the ·Small Craft Harbours Lease Agreement By-law". READ a FIRST and SECORD time this 1st day of September, 1994. I READ a THIRD time and FIHALLY PASSED this 15th day of September, 1994, ~~~ 1, Maureen A. Couture, Clerk of the Town of Kincardine, do hereby certify this to be a true and complete copy of By-law No. 1994-56 passed bYithe Council of The Corporation of the Town of Kincardine at its meeting held 15th day of September, 1994. ~ ,~u1Vy¿ dated at Kincardine this 19th day of September, 1994. .." ; ,:~ ) ~~\~" DlfAR1W[;d " ·"'."1'" ~,~,,- '.T','l ~ ..' ,- .. tL"1U~ .~~"'."" ~~(:~- ';:: SEP 20 1994 S:f,,'.L'. r" B:J~~ ;- ',"T :: F'f1"UAI .' ~¡¡() I I I 1. I .,' ,,' " THIS AGREEMENT made this 20th day of September, One thousand nine hundred and ninety-four; BETWEEN- HER MAJESTY THE QUEEN, represented herein by the Minister of Fisheries and Oceans (hereinafter called the "Minister"), OF THE FIRST PART; -and- THE CORPORATION OF THE TOIIiI OF KINCARDINE. Province of Ontario (hereinafter called the "Agent"), OF THE SECOND PART; WHEREAS an Agreement dated the fourth day of November, 1993, bearing No. 9309 00 002 in the records of the Department of Fisheries and Oceans and hereinafter referred to as "the said Agreement", was granted to the Agent of,- ALL AND SINGULAR those certain parcels or tracts of land and land covered by the waters of Kincardine Harbour, TOGETHER WITH the marine-related facilities located thereon (hereinafter referred to as "the said premises") situate, lying and being in the Town of Kincardine in the County of Bruce and Province of Ontario, being more particularly shown outlined in red on the Plan thereto annexed and designated Schedule "A"; for a term or period of five (5) years, canmencing on the fifteenth day of September, One thousand nine hundred and ninety-three, and then fully to be complete and ended; AND WHEREAS by Surrender of Lease dated August 26, 1994 (hereto annexed as Schedule "B") Kincardine Yacht Club surrendered Lease No. 760415; NOW THEREFORE THIS AGREEMENT WITNESSETH that the parties hereto hereby mutually covenant and agree, as follows: That the said Agreement is hereby amended as follows: (a) By striking out the Descript ion on page one of the said Agreement and sUbstituting therefor the following:- ALL AND SINGULAR those certain parcels or tracts of land and land covered by the waters of Kincardine Harbour, TOGETHER WITH the breakwaters, harbour basin walls and other marine-related fac1l1t ies located thereon (hereinafter referred to as "the said premises") situate, lying and being in the Town of Kincardine in the County of Bruce and Province of Ontario, and being more particularly shown outlined in red on the Plan hereto annexed and designated Schedule "A"; , I 2, I I I .' ~ .' " . 2. (b) By attaching to the said Agr_nt the Plan hereto annexed in substitution for the Plan designated Schedule "A" annexed to the said Agreement. That all the terms, covenants, provisoes, agr_nts, conditions and reservations set out and provided in the said Agreement, as amended by this Supplemental Agr_nt, shall be and continue in force and effect, IllUtatis mutandis, between the parties hereto. IN WITNESS WHEREOF the parties hereto have executed these Presents the day and year first above written. )THE CORPORATION OF THE TOWt OF KINCARDINE ) ) ) ~ ~/;;''-:::>-------<~' ....................................~~~k-&.~..\7': Witness )~ M~I(Q~ =-: _-:.- ) -: -" -=.- .::" -'. ',.,- .......::: ~- ) -. //.---- .', . . ) . //¿ ~'- ~~.~:-~,-~ ~~,~"", )... . ),I.II"t C L£~K ) ) ) ) ) ) ) ) ) .........~~;.~~~........... ~..~ ... ..... ........~ Witness 0" For the Minister of Fisheries and OCeans SIGNED, SEALED AND DELIVERED BY the Agent in the presence of: cis SIGNED, SEALED AND DELIVERED BY the Minister in the presence of: . < ~. -~--- I .' I I I .' .' " ~" 5£:I.t£DOlt ~ß' DEPARTMENT OF FISHERIES AND OŒANS omRTMENT Of f1~:!UltS & oCU~ CENTRAL & ARCTIC miDi ~ SMAU CRAFT HARBOURS BURLINGTON, ONTARIOc stRtENDER OF lEASE NO. 760416 WHEREAS Lease No. 760415 dated April 21, 1976 (hereinafter referred to as "the said Lease") was granted to H. BUITENDIJK by Her Majesty the Queen as represented by the Minister of State (Fisheries); AND WHEREAS the said Lease was assigned to HIGHLAND COVE MARINA lTD. by an Assignment dated September 27, 1976; AND WHEREAS the said lease was further assigned to KINCARDINE YACHT CLUB by an Assignment dated April 7, 1981; AND WHEREAS the said lease was renewed and amended by Agreements suppl8B8ntary thereto dated May 22. 1981. April 2, 1986 and July 9, 1991, respectively; AND WHEREAS KINCARDINE YACHT CLUB HEREBY SURRENDERS THE SAID LEASE: (in order t~at Her Majesty the Queen., lease the premises granted by the said Lease to The Town of Kincardine). WITNESSETH the Corporate Seal of KINCAROINE YACHT CLUB as attested to by its proper signing officers in that behalf this ~~ day of August, 1994. KINCARDINE YACHT CLUB Per: cIs r. ..;:~~_~:'~~';:~J~_~., -\~\-' ~"'-":;./·'I ~~ '" ~-.;.... ........ ,J"/ .... _ <::~"..._.. ~"<"~~.":. '~: ~"-,-,,,""- :~ ; ~~~- :..~_:,:: :,._<~;;:- ,: . . - - -, ~ - .