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## THE MUNICIPAL CORPORATION OF THE HAMLET OF KUGAARUK BY-LAW NUMBER #81
NOW, THEREFORE, THE MUNICIPAL CORPORATION OF THE HAMLET OF KUGAARUK, at a duly assembled meeting, enacts as follows:
## SHORT TITLE
1. This by-law may be cited as the "Land Administration By-law".
## INTERPRETATION
2. In this by-law:
- (a) "Acquisition"
- (b) "Council"
- (c) "Development Cost"
means the act of becoming an owner of a certain property.
means the Council of the Municipal Corporation of the Hamlet of Kugaaruk;
leans the costs directly incurred by the municipality in developi und, including. but not limited 1o. the costs &
- (4) land fill:
- (0) piped water and sewer lines:
- (5) open spaces;
- (7) electrical distribution lines (and poles);
means the lease, or other disposition of land;
- (d) - Disposal of Land"
- (e) "Equity Lease"
means a lease for which all annual lease payment are credited against he total lot price until such time as the lot price is paid in full, i which time no further payments are mad
- (t) "Land"
- (2) "Lot"
- (h) "Lot Price"
- (i) "Market Value"
means the valuation of a lor; as determined by council
- (j) "Minister"
- (k) "Municipality"
- (1) "New Lots"
means the value of a parcel of land hased on the amount a willing buyer would pay to a willing seller. This value shall be determined by a professionally qualified land appraiser or by publie tender or auction:
means the Minister of Community Government and Transportation;
means the Municipal Corporation of the Hamlet of Kugaaruk, which is represented by the Senior Administrative Officer or his or her designate, except when decisions of Council are required;
incans vacant lots which are developed after the date of this by-law;
:
| (m) "Oft-site Levy" | means a surcharge made (at the time of lease execution) by the municipality to the lessee of municipal lands to assist in the payment |
|-----------------------------|-----------------------------------------------------------------------------------------------------------------------------------------|
| (n) "Replacement Cost" | neans the estimated development costs for a parcel of land, updated In the cuperation est pete los to develop a similar ior and |
| (o) "Site Specific Factors" | omposed of |
## APPLICATION OF THE BY-LAW
3. his by-law shall, except as otherwise expressly authorized by the Minister, apply to i quisitions, leases or other dispositions of the lands by the municipalit
## PRECONDITION TO ACQUISITION AND DISPOSAL OF LANDS
- +. Land speculation will be discouraged.
5. Neither the Municipality nor any authorized representative of the Municipality shall make
- (a) complete legal description of the land to be acquired, leased or otherwise disposed o
lease, or other disposition of the lands; and
- (b) he minimum consideration to be paid for the acquisition
- (c) the terms and conditions, if any, upon which the land shall be acquired, leased or otherwise disposed of.
6. No by-law for the acquisition, lease or other disposition of land shall be passed pursuant to section 132.2(4) or 132.2(5) of the Hamlets Act, until:
- (a) it has been established through a search at the appropriate Land Registry Office. that the municipality may lawfully acquire, lease or otherwise dispose of the land;
- (b) an inspection of the land has been conducted to determine:
- (1) if the lands are occupied;
- (3) it there are any easements affecting the lands; and
- (2) if there are any improvernents situated on the lands;
- (4) sucy other information as Council may, in ils discretion, consider 1o be
- (c)
## ADVERTISING OF THE LAND FOR DISPOSAL
7. (a) Subject to subsection 7(c). the municipality shall not lease or otherwise dispose of land until it has published a notice of such proposed lease of other disposition:
- (1) y advertisement for two consecutive weeks in a newspaper having weekl irculation in the municipality; o
- 12) brind of pose in hire prominent places in the municipaliy for a
4. (b) Each advertisement or notice shall contain:
- (1) sketch, drawn to scale, identifying the size and location of the lands to ased or otherwise disposed
- (2) the minimum consideration for which the land will be leased or otherwise disposed of;
- (3) an indication as to the method to be employed in leasing or other wise disposing of lands; or
- (4) an indication as to where and when applicants may obtain information and application forms.
9. (c) Sub-sections 6 (a) and 6 (b) shall not apply to:
- (1) lands required by the Federal or Territorial Governments;
- (2) lands which can only be of use to an adjoining owner/lessee;
- (3) additional adjacent lands required for expansion of al owner's/lessee's existing or proposed developmen
8. The municipality shall re-advertise for lease or other disposition of lands which:
14. an application has been made but withdrawn by the applicant after acceptance by the municipality;
15. (b) i lease has been granted but terminated prior to the construction of any improvements on the lands; or
16. (c) re-zoning has taken place and the lands remain untenured.
## APPLICATIONS FOR LAND
9. ne municipany shali only accept a written application for land in the form of Appendix D. Thi ›rin shall contain, but not be limited to
2. (a) the legal name of the applicant or applicants:
3. (b) the legal description of the land:
4. (c) the purpose for which land is to be used;
5. (e) the signature of the applicant or applicants; and
6. (d) a request, if applicable, for joint tenancy or tenancy-in-common;
7. (f) a non-refundable/refundable application fee; and
8. (g) declaration of residency, if required
10. iter an application has been received, the Hamlet wilt reply within a frame time of a Thirty (30 day period, giving the status of the application approved or rejected
11. ce the lease is approved, the applicant has Sixty (60) days to sign the lease and pay quired fees or the application may be declared refus
12. The municipality shall keep a ledger of all lands, containing:
12. (a) a full legal description of the lands;
13. (b) the location of the lands within the municipality;
14. (c) a valuation of the lands for purpose of lease or other disposition;
15. (d) the terms and conditions upon which the lands may be leased or otherwise disposed of; and
16. (e) an indication of whether the lands have been leased or otherwise disposed of. or whether there is a pending lease or other disposition of the land.
13. The ledger kept pursuant to Section 12 of this by-law shall be open to inspection by the public at the municipal office during normal business hours.
## TERMS AND CONDITIONS OF LAND DISPOSALS
14. (a) The standard term of all lease documents shall be:
2. 30 years for residential land use:
3. 20 years for commercial land usc:
4. 10 years for industrial land use;
5. 10 years for recreational land use;
6. (b) The term of leases referred to in Section 14(a) may be varied at Council's discretion based on the nature and value of improvements to be constructed.
7. (c) The term of all other leases will be at Council's discretion.
15. The Municipality, in leasing or otherwise disposing of new lots for residential purposes, shall ensure that prospective private home owners have preference over lessees who wish to acquire more than one lot at a time, except when lots are required by:
9. (a)
10. (C) the Canada Mortgage and Housing Corporation.
clients; or
16. Every disposal of land shall be in writing and leases shall be executed in accordance with the Lands Titles Act.
17. The municipality, in leasing or otherwise disposing of new lots, shall require tha commencement of construction must begin within twenty-four (24) months of the effective date of the lease and improvements must be constructed on the lots within thirty-six (36) months o the date of the agreement. The municipality may terminate a lease for failure to complete construction of the building or other improvements within the time required. Subject to Section 18, if construction is not completed within thirty-six (36) months, the land may revert back to the municipality.
18. The mum alteral aline mutine epim of code a mocs in either term outined
4. (a) (b) writen explanation farteday incontin the extension peril.
5. (C) proof of approved financing
6. (d) development permit application
7. (e) no outstanding debis to the municipality
19. The Municipality shall not lease or otherwise dispose of new lots by auction.
20. The Municipality shall lease land by one or a combination of the following means:
10. (a) ballot draw:
11. (b) development proposal call, as set out in Section 23
12. (C) first come, first served basis; and that Council shall decide, at its discretion, as to which means will be employed to lease land.
21. Prior to disposing of land through means of a ballot draw. Council shall, by resolution, establish guidelines for such a process.
22. The Municipality shall, when disposing of land through means of a ballot draw, give preference to prospective lessees in the following manner:
Billots shall be sorted in the following categories:
Category One - first time homeowners residing in the municipality for nore than one (1) year
Category Two - persons residing in the municipality for more than one (1) year
Category Three - all others
23. The municipality shall decide whether, and under what circumstances, formal development proposals of bids will be asked froin prospective lessees and may use the proposal call tender system outlined in Appendix "E".
## PRICING OF NEW LOTS
24. The lot price for new lots shall be determined by development cost including any allowance for site specific factors.
25. The Municipality shall recover development costs in the valuation of lands for disposal, subject to Section 26.
20. The municipality may, when it is unable to lease or otherwise dispose of a lot. reduce the price of the lot below its devetopment cost:
4. (i) when the lot has not been developed through financing from the Government of Nunavur or a financial institution; or
..
- when the lot has been developed through financing from the Government of Nunavut or a financial institution and the reduced land valuation is approved by the Minister.
## PRICING OF EXISTING LOTS
27. Tol municipaliy in leasing existing developed lands shall determine lot price by either of the
2. (a) replacement cost; or
3. (C) a call for bids, (by public tender or auction) in which the advertised minimum price is not less than the replacement cost.
4. (b) the market value as determined by: a qualified land appraiser or assessor; or
## LEASE RATES
28. (a) The annual lease rate shall be as follows:
- (1) residential: $450.00 per annum.
- (2) commercial: $600.00
- (3) industrial: $600.00
other land uses; as decided by Council
- (b) Council may vary the lease rate for disposition of land to non-profit organizations
- (c) he lease rates will be reviewed annually by, council, with the lessor being notified, ny changes to the lease rate a minimun of sixty (60) days before the anniversary da of the lease.
## EQUITY LEASE
29. he Municipality may permit leases to accumulate value, through the issuance of equity least terms and conditions to be approved by Counc
## OFF-SITE LEVIES
30. he deposing of and the nepty or ly as chael lese of and to help pay fir
2. (a) new or expanded facilities for the storage, transmission, treatment or supply of water;
3. new or expanded facilities for the storage, treatment, movement or disposal of sewage;
4. (c) new or expanded drainage system;
5. (d) new or expanded roadways; and
6. (e) Land required for, or in connection with any of the facilities described in (a), (b), (e) und
7. The municipality shall not include, as part of any off-site levy, any costs paid for by grants ontributions received from the Government of Nunavi 31.
8. 32.
33. The municipality shall place all off-site levy revenues in a separate account to be used for tf urpose set out in Section 3
## LAND DEVELOPMENT RESERVE ACCOUNT
34. The municipaliy emil pen tad medicin a prate inmi accum in which all revenue
35. The municipality shall, in regards to the account identitied in Section 34:
3. (a) establish clear procedures for the management and operation of the account:
4. (b) use l crand by ne lante es i ten april by the inter timed far other types of expenditures: and
## PRIVATE SECTOR DEVELOPMENT OF LANDS
36. The municipality shall encourage the utilization of the private sector in the development of lands only if:
2. (a) the municipality has prepared a cost estimate of the project as if it were to develop the land; and
3. the private sector can develop the land such that the lot price is the same as, or less than, the municipality would charge under its estimate in (a).
37. Me in the gin the ton oly tepal deal can depose and in costefective.
38. The municipality, in disposing of vacant lands to a private developer, shall:
6. (a)
7. do so by the ay of lose to which abalvion prement may be aachen with this
8. (C) equire the developer to provide a list of the prices of the lots to be developec
9. (e) specify, in the lease, that in cases for non-performance with regard to 38(a), 38(b), or 38(c) above, the lease will be cancelled.
10. (d) pecify, in the lease, the standards to which the land must be developed; an
## EASEMENTS
- 39.
## LEASE ASSIGNMENTS/TRANSFERS
40. Assignments may be granted subject to the following:
2. (a) uity lease rental owing to the municipality must be paid in 1
3. (b) ly taxes owing to the Government of Nunavut must be paid in f
4. (c)
5. (d)
6. (e)
7. (f)
8. (g)
## LEASE SURRENDERS
- 4L. Surrenders may be granted subject to the following:
- (a)
- (b)
- (c) atisfactory to the Municipality
- (d) the lessee must deliver to tbe Municipality the duplicate leasehold title where one exists, if misplaced or lost, then a Statutory Declaration will be required
## CANCELLATION OF LEASE
42. If the Municipality cancels a lease due to non-compliance with any terms and conditions of a lease:
2. (a) where there is a debt owed to the Municipality, the Municipality may seek an order to retain the right to any improvements upon the leased lands.
3. (b) where there is no debt owing to the Municipality, the lessee shall remove any nprovements and restore the site within 30 days. failing which the Municipality ma ek an order allowing for the removal of the improvemen
4. (c) where the Duplicate Leaschold Title for the lands has not been surrendered ir accordance with the Land Titles Act, the Municipality shall seek an order cancelting the leasehold title.
## QUARRIES
43. (a) The Municipality may issue quarry permits for the temporary use of a quarry site Applications for a quarry permit shall be in the form of Appendix "F"
2. (b) rior to the issuance of a quarry permit, the Municipality shall, by Council resolutio tablish quarry fees and any exemptions to such fe
3. (c) Fees established under Section 43(b) shall reflect the cost of development, operation naintenance, administration and restoration of quarries
4. (d) all quarry fees shall be placed in a separate financial account
## LAND USE PERMITS
44. (a) The many and testor is land use permis farthe temporapent of tand. The
2. (b) Application for a land use permit shall be in the form of Appendix "H".
3. the say evor or tea impati of the proposed use mut adressed by the aplicant to
## APPENDICES
The following appendices shall form part of this by-law:
Note: There is no appendix for assignment/transfer of lease.
All agreements for the acquisition or disposition of land made pursuant to this by-law shall conform to the applicable precedent form of agreement subject to such modifications as the circumstances may require and Council may approve.
## BY-LAW ADMINISTRATION
45. Council may by resolution adopt standard forms of agreement for the administration of land and the Municipality may make minor changes not affecting the intent of these forms of agreement as may be necessary for such administration.
46. The following appendices shall form part of this By-law:
47. Minor changes to the Appendices of this By-law can be made by Council, without amending this By-law provided the changes to the Appendices do not alter the intent of this By-law.
APPENDIX "A"
Land Acquisition By-law
APPENDIX "B"
Land Disposal By-law (Lease)
APPENDIX "C"
Land Lease By-law
APPENDIX "D"
Application for Land
APPENDIX "E"
Guidelines for Proposal Call / Tender System
APPENDIX "F"
Quarry Application Form
APPENDIX "G"
Land Use Operations
APPENDIX "H"
Application for Land Use Permit
APPENDIX "I"
Equity Lease
READ A FIRST TIME THIS 25k, DAY OF februar
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AM MAYOR (Rem, KriKori)
1911
SENIOR ADMINISTRATIVE OFFICER
READ A SECOND TIME THIS IralDAY OF Sepleniber
Dularcus
SENIOR ADMINISTRATIVE OFFICER
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"MMAYOR (Rem: Mr Kor=)
APPROVED BY THE MINISTER OF COMMUNITY GOVERNMENT & TRANSPORTATION THIS
DAY OF JUry 17 15 2000
MINISTER MUNICIPAL-AND COMMUNITY AFFAIRS READ A THIRD TIME AND FINALLY PASSED THIS-
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1200
## APPENDIX "A" LAND ACQUISITION BY-LAW HAMLET OF KUGAARUK BY-LAW NUMBER
By-law of the Municipal Corporation of the Hamlet of Kugaaruk in Nunavut to acquire real propert ursuant to the Hamlets Act, R.S.N.W.T. 1988, c.H-I, s. 132.:
WHEREAS THE COUNCIL OF THE MUNICIPAL CORPORATION OF THE HAMLET OF KUGAARUK, in a duly assembled meeting, enacts as follows:
1. The Mayor and the Senior Administrative Officer are hereby authorized on behalf of the Hamlet of KUGAARUK to purchase from for the sum of ($ hereunder.
The whole of Lot \_ Tor kindle of, in the unavor, acording to a play of survey filed in the Land Tiles othe fortier Nunavut under number
2. The noted land shall be acquired for \_purposes.
Read a first time this\_ day of 20. A.D.
MAYOR
Read a second time this \_ day of A.D.
"SENIOR ADMINISTRATIVE OFFICER
MAYOR
Read a third time and finally adopted this day - \_20\_\_A.D.
SENIOR ADMINISTRATIVE OFFICER
MAYOR
SENIOR ADMINISTRATIVE OFFICER
## APPENDIX "B" LAND DISPOSAL BY-LAW (LEASE) HAMLET OF KUGAARUK, N.U. BY-LAW NUMBER
A By-law of the Municipal Corporation of the Hamlet of Kugaaruk in Nunavut to dispose of real property, pursuant to the Hamlets Act, R.S.N.W.T., 1988, c.H-1, s. 132.2
WHEREAS the Municipal Corporation of the Hamlet of Kugaaruk, in a duly assembled meeting enacts as follows:
1. The whole of Lot thed in the and Ties Office for taNunar undari lunava aleading to a plan of surves , be leased t (as joint tenants and not as tenants-in-common or tenants-in-common and not as joint tenants), both of the Hamlet of Kugaaruk.
2. le Mayor and the Senior Administrative Officer are hereby authorized on behalf of the Ham Kugaaruk to execute the lease agreement "Schedule A," attached to and forming part of t by-law, conveying the lot to the said lessee.
Read a first time this \_day of 20\_ A.D.
MAYOR
Read a second time day of , 20 A.D.
SENIOR ADMINISTRATIVE OFFICER
MAYOR
Read a third time and finally adopted this \_ day of ,20. A.D.
SENIOR ADMINISTRATIVE OFFICER
MAYOR
SENIOR ADMINISTRATIVE OFFICER
## APPENDIX 'C" LAND LEASE BY-LAW HAMLET OF KUGAARUK, N.U. BY-LAW NUMBER
A By-law of the Municipal Corporation of the Hamlet of Kugaaruk in Nunavut to acquire real property pursuant to the Hamlets Act, R.S.N. W.T., 1988, c.H-1, s. 132.2.
WHEREAS the Municipal Corporation of the Hamlet of Kugaaruk deems it to be in the public interest to lease the land described hereunder;
NOW THEREFORE, the Municipal Corporation of the Hamlet of Kugaaruk, in a duly assembled meeting, enacts as follows:
1. The whole of Lot iled in the Land Titles Office for the Nunavut under number
3. The aran the Senior late straine nice at a suit ed an eif are antic. by-law, conveying the lot to the Hamlet of Kugaaruk.
Read a first time this \_ day of \_ 220 \_ A.D.
MAYOR
SENiOR ADMINISTRATIVE OFFICER
Read a second time this \_day of → 20 \_A.D
MAYOR
Read a third time and finally adopted this\_ \_day of. 120 - A.D.
SENIOR ADMINISTRATIVE OFFICER
MAYOR
"SENIOR ADMINISTRATIVE OFFICER
## APPENDIX 'D" APPLICATION FOR LAND IN THE HAMLET OF KUGAARUK
MR. MS. MRS.
(Circle One)
AGE: 19 Yes
MISS
(Surname of applicant) applicant Last and other names of
\_ No \_
ADDRESS:
Applicants full mailing address including community name and postal code
WORK PHONE NO.
OCCUPATION:\_
Applicant's job title, trade Business, etc.
MR. MS. MRS. MISS
HOME PHONE;
\_ EMPLOYED BY:
AGE: 19 YES\_
- [ ] NO...
OCCUPATION:\_ Spouse's job title, trade. business, etc. \_EMPLOYED BY:\_
MR. MS. MRS. MISS\_ (Circle One)
(Give the full name of the contact person for this application if different than the applicant or if the applicant is a business, etc.)
ADDRESS: (Contact person's full mailing address if difterent than applicant's) PHONE NO
2. The undersigned hereby make application to Lease the Land described as foflows:
3. The land will be used for:
location outlined in red.
If there is more than one applicant do you wish joint Tenancy or Tenant's-In-Common
RESIDENTIAL COMMERCIAL INDUSTRIAL OTHER
4. Are there any buildings or improvements on the land now?
If other please specify:
YES NO
If yes, will these improvements be removed?
YES \_NO
Existing Improvements have a value of S Are described as follows: and
Name of Owner of Existing Improvements:
(Il existing improvements are to remain on the land you are applying for, please attach your proof of ownership.)
## APPENDEX "I"' Application for Land Use Permit
- 1) APPLICANT:
- 2) ADDRESS:
- 3) ADDRESS OF HEAD OFFICE:
- 4) LOCATION AND DESCRIPTION OF OPERATION:
a)
Attach a description and proposed techniques
Attach a map and sketch of area
- 5) EQUIPMENT Type, size and purpose
- 6) FUEL
- a) Type, volume, methud of storage containment
- 7) METHOD OF WASTE DISPOSAL Arrangements planned for disposal of garbage, sanitary waste and debris
- 8) CONTRACTOR AND FUNCTIONS
- 9) TIME SCHEDULE
Start:
Completion:
- 10) NAME AND ADDRESS OF FIELD SUPERVISOR
- 11) NUMBER OF EMPLOYEES:
- 12) AREA USED (HECTARES):
Signature:
Title:
Date:
BETWEEN
AND
## APPENDIX "I" EQUITY LEASE
THIS LEASE made this .... day of ........, 20...
## THE MUNICIPAL CORPORATION OF THE HAMLET OF KUGAARUK,
hereinafter called "the Municipality" OF THE FIRST PART,
hereinafter called "the Lessee" OF THE SECOND PART,
demises and leases unto the Lessee all that(those) certain parcels) or tracts) of land situate,
the whole (all that portion) of Lot.......... ) in the Hamlet of Kugaaruk in Nunavut, according to a plan of survey filed in the Land Titles Office for Nunavut under number ......., (as said portion of Lot is shown outlined in red on the sketch annexed hereto and forming part of this description)
... ( ) in the Hamlet of Kugaaruk
OR
all that parcel of land in the Hamiet of Kugaaruk in Nunavut, as shown outlined in red on the sketch annexed hereto and forming part of this lease,
hereinafter called "the land", subject to the reservations and exceptions contained in the Land Titles Act and to the following reservations:
- a) Il mines and all minerals whether solid, liquid or gaseous which may be found to exi rithin, upon or under the land together with the full powers to work the same and for th urpose to enter upon, use and occupy the land or so much thereof and to such an exter s may be necessary for the effectual working and extracting of the said mineral.
- b) the rights of the recorded holders of mineral claims and any other claims or permits affecting the land;
- c) all timber that may be on the land excepting what must be removed for the purpose o landscaping or the construction of improvements
- d) the rights to enter upon, work and remove any rock outcrop required for public purposes;
5. Such cights ot on, mad orance an as of worked or the corveyan in or wain for use y nining operations; and
6. the right to enter upon the land for the purpose of installing and maintaining any public utility.
TO HAVE AND TO HOLD for and during the term of ....... () years, commencing on the ... day of ....., 20.., hereinafter called "the effective date".
## (New contracts)
YIELDING AND PAYING THEREFOR the "total rental" in the sum of .....($0.000000) Dollars. Said "total rental" is to be paid to the Hamlet in full upon the execution of this lease or as
- a) ...$ ) Dollars, being a 10% initial payment of the "total rental", is to be paid in full upon the execution of this lease; and
- b) annexed hereto and arming path of ais leas ) Dollars, being the balance owing, is to be paid as per Annex "A"
Or
(Existing contracts)
YIELDING AND PAYING THEREFOR the "total rental" in the sum of ($000.00) Dollars less payments received in the amount of ..... ($000.00), leaving a balance part of this leas0,00.00) Dollars to be paid as per Annex "A" which is annexed hereto and forming
## THE PARTIES COVENANT AND AGREE AS FOLLOWS:
## DEFINITION
- Officer of the his eat of senior Administrative ortin means in Senior of mindselve Administrative Office to act on behalf of the Hamlet.
## COMPLIANCE
- The Lessee agrees in all respects to abide by and comply with all applicable lawful rules, regulations and by trees of the Federal Government, Teritoria Goverment, Municipal orporation of the Hamlet of Kugaaruk or any other governing body whatsoever that have been o nay be enacted and in any manner affect the said lan
## PAYMENT
3. The Lessee shall during the said term, pay the said rental and all taxes, rates and assessments charged upon the land or upon the Lessee in respect thereof.
## LATE PAYMENT FEE
4. Where any portion of the rental herein reserved is unpaid, the Lessee shall pay a late payment fee as required by the regulations in force at the time under the Financial Administration Act on any lease payments that are in arrears for more than 90 days.
## NON-COMPLIANCE
- Where any portion of the rental herein reserved is unpaid for more than thirty day after it is due, whether formally demanded or not, or where the Lessee fails to perform or observe any of the covenants or agreements herein contained, the Hamlet Council may by notice in writing terminate this lease, and on the day following the mailing of the notice this lease is terminated.
## TERMINATION
- Termination of this lease shall not prejudice the Hamlet's right to unpaid rental or any other right with respect to a breach of any covenant or agreement herein contained.
## SURRENDER
7. (A) his lease upon giving 60 days notice in writing to the Hamlet Council. The Hamlet Counci may accept such surrender, if the Lessee:
- Pays all rental due under this lease to the effective date of the surrender;
- ays all property taxes, rates and assessments, including interest and penalties hereon, charged upon the land or to the Lessee to the effective date of the surrender;
- ill. IV. Resores the land to a Contion aila dan to here sur Cour of Lease in a form approved by the Hamlet Council: and
- V. Discharges all encumbrances registered against title, except in the event the encumbrances have provided the Deputy Minister with their written consent to the Surrender.
- B) The effective date of the surrender of the Lessee's interest under this lease is the date the Hamlet Council accepts such surrender by executing the Surrender of Lease form.
## SURVEY
- shown to be necessandays or y. The boundaries of the land are subject to such adjustment and alteration as may be
## SURVEY COSTS
- he Lessee hereby agrees that the Lessee shall have the land surveyed by anada Land Surveyor and shall pay the full cost of such survey. It is further understood ar Cond hay Lands A ministratoril be carried out without the prior witten approval of the
## SURVEY REGISTRATION
- Upon the registration of the aforesaid provisional plan of survey in the Land Title office for Nunavut, the boundaries of the land shall be those as shown for Lot... on the registere
## LAND USE
11. The Lessee shall use the land.............. purposes only.
## CONSTRUCTION
12. The Lassich shall a versack value of noi less hanovements, on the land; Dollars. Construction of the said improvements shall commence within .. month's of the effective date of this lease, and shall be completed within..... () months of the effective date of this lease.
## NON-CONSTRUCTION
13. The Hamlet Council may terminate this lease for failure to commence or complete construction of the improvements within the time required by Clause #... of this lease or for failure to conform to local bylaws, construction standards or regulations.
## EXISTING IMPROVEMENTS
14. The Lessee shall maintain the existing improvements now situated on the land, or any simulaty Lands Ad with may be constructed, in a manner and condition salistactory to the
## REMOVAL OF IMPROVEMENT
## BUILDING SET-BACKS
## SEWAGE DISPOSAL
## WATER & SEWER
- The Lessee shall at the Lessee's expense make connections to, and use, existing water and sewer, or any such mains as maybe exended and made available to the
## SEWAGE TANKS
- *he storage and empousa provide, at the Losse's own expense, a tank adequate for
## MUNICIPAL SERVICES
- municipal series or any type descriptor the liege el e maintenance sale provided by the lesser ears conscion adore
## EQUITY
- Upon receipt of payment in full of the "total rental", including any interest owing, the annual rental of One ($1.00) Dollar per annum shall be considered as payment for the balance o the term.
## PARTIAL REFUND OF EQUITY
- whether the lease is surrendered or terminated, $400.00 per year, calculated from the effective date of this lease to the date of acceptance of the surrender of the lease or the date of termination of the lease; or
- b) (1) if the lease is surrendered, 10% of the accumulated principal portion of total rental paid by the Lessee as at the date of the acceptance of the surrender of the lease or 10% of the total
- (i) if the Lease is terminated, 20% of the accumulated principal portion of the total rental paid by the Lessee as at the date of termination of the Lease or 20% of the total rental set out herein, whichever is less.
23. Notwithstanding the foregoing, any refund of equity which may be payable to the Lessee hereunder, will be subject to the right of offset by the Deputy Minister against the Lessee for any outstanding rental due and owing and any other costs for which the Lessee is liable pursuant to the terms and provisions of this lease.
## REMOVAL OF IMPROVEMENTS
24. If, prior to the expiry of this lease, the Lessee removes 50% or more of any improvements placed on the land by the Lessee or the Lessee's predecessor, the Hamlet Council may, upon 60 days written notice, terminate this lease without compensation or refund of any equity to the Lessee.
## LAND FILL
- On the expiry of this lease, the Lessee may sever and remove from the land all structures, fixtures, and improvements, saving and excepting the following: any and all land fill, and without restricting the generality of the foregoing, in the form of soil, topsoil, sod, clay, sand, gravel, rock, crushed rock, glacial till, concrete, grout, asphalt, or any combination thereof, which during the said term were affixed or placed at the Lessee's expense on the land.
## HESTORATION
- On the termination or expiry of this lease, the Lessee shall deliver up possession of the land in a condition satisfactory to the Hamlet Council.
## EASEMENTS
27. The Senior Administrative Officer may, where the Hamlet Council deems it necessary in the public interest, establish easements through, under or over any portion of the land for any public utility purpose, but said easements shall not unreasonably interfere with the rights granted to the Lessee hereunder or with any improvements made by the Lessee on the land.
.:
## ROAD CONSTRUCTION
- The Senior Administrative Officer may re-enter and occupy any portion of the land for construction of roads or other public works, but such construction shall not unreasonabl interfere with the rights granted to the Lessee hereunder, or with any improvements made by th
## DITCHES
29. The Lessee shail permit free access at all times to the drainage ditch located on the land.
## ENVIRONMENT
- Notwithstanding anything herein to the contrary, the Lessee shall, at all times, kee ne land in a condition satisfactory to the Hamlet Counci
## ACCESS ROADS
- The Lessee shall construct only one access road to the land, the said access road to meet the standards and conditions specified by the Transportation Engineering Division, Department of Community Government, and Transportation, Government of Nunavut, and the said access road to be constructed at the Lessee's expense.
## NOXIOUS WEEDS
## DISCHARGE OF WASTE
33. The Lessee shall not discharge or deposit any refuse substances or other vaste materials in any lake, river, stream or creek, or on the banks thereof, which will, in th pinion of the Hamlet Council, impair the quality of the waters or the natural environmer and any areas designated for waste disposal shall not be located within 30.48 metres (100 feet) of the Ordinary High Water Mark of any body of water.
## REPLACEMENT CLAUSE
34. This lease cancels and supersedes Hamlet Lease No. ..... dated the .... day of
## RENEWAL OPTION
35. If the Lessee duly performs and observes all the covenants and agreements herein, and on the part of the Lessee to be performed and observed, the Senior Administrative Officer
## SUBLEASE REQUIREMENT
36. writing. The Lessee shall not sublet the land without the consent of the Hamlet Council in
## ASSIGNMENT REQUIREMENI
37. writing. The Lessee shall not assign this lease without the consent of the Hamlet Council in
## TIME
38.
## WAIVER
Unless a waiver is given in writing by the Senior Administrative Officer, the Hamlet Council shall not be deemed to have waived any breach by the Lessee of any of the covenants or agreements herein contained, and a waiver relates only to the specific breach to which it refers.
Time shall be of the essence in this agreement.
## IMPLICATION
- No implied covenant or implied liability on the part of the Hamlet Council is created by the use of words, "demise and lease" contained herein.
## SURVIVORSHIP
- This lease ensures to the benefit of and is binding upon the Hamlet Council and the Commissioner's successors, and upon the Lessee, the Lessee's heirs, executors, administrators and assigns.
## ADDRESS FOR NOTICES
- Wherever in this lease it is required or permitted that notice or demand be given or served by any party to this lease to or on the other, such notice or demand shall be given or served in writing and forwarded by registered mail, addressed as follows:
## To the Senior Administrative Officer:
Senior Administrative Officer P.O. Box 250 Hamlet of Kugaaruk Kugaaruk, Nunavut XOE 1KO
## To the Lessee at:
or to such other address as either of the parties may from time to time notify the other in writing i the manner hereinbefore provided
- IN WITNESS WHEREOF the parties have executed this lease agreement as of the date and year first above written.
SIGNED SEALED AND DELIVERED
SENIOR ADMINISTRATIVE OFFICER
PER(SEAL)
SIGNED, SEALED AND DELIVERED in the presence of
-
witness
witness
Lessee
Lessee
\_(SEAL)
(SEAL)
IN WITNESS WHEREOF the parties have executed this lease agreement as of the date and year first above written.
SIGNED, SEALED AND DELIVERED
OFFICER
PER \_(SEAL)
## SIGNED, SEALED AND DELIVERED
by the and by the
"name of company)
\_(SEAL)
Lessee
\_ (SEAL)
Lessee
..
IN WITNESS WHEREOF the parties have executed this lease agreement as of the date and year first above written.
SIGNED, SEALED AND DELIVERED
SENIOR ADMINISTRATIVE OFFICER
)
)
)PER.
\_(SEAL)
SIGNED, SEALED AND DELIVERED
and
in the presence of
SIGNED, SEALED AND DELIVERED
SENIOR ADMINISTRATIVE OFFICER
)
)
)PER.
\_(SEAL)
SIGNED, SEALED AND DELIVERED
and
in the presence of
witness
Lessee
..:
## AFFIDAVIT OF WITNESS
CANADA NUNAVUT TO WIT:
- [ ] 1,
- [ ] of the
- [ ] in the
- [ ] make oath and say:
- I was personally present and did see the within instrument duly signed and execute y the Lessee hereto, for the purposes named hereil
2. The said instrument was executed ................i. Nunavut.
3. I know the said .... and that he/she is (they are each) in my belief of the full age of nineteen years.
SWORN before me at
in the this....... day of A.D. 20
....
À Commissioner for Oaths or Notary Public in and for Nunavut
- [ ] ) witness
My Commission expires