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2002-098 To authorize the execution of a licence to occupy agreement between the Township of Oro-Medonte & Her Majesty, The Queen · ,:c e THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE e e - BY-LAW NO. 2002-098 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A LICENCE TO OCCUpy AGREEMENT BETWEEN THE TOWNSHIP OF ORO-MEDONTE AND HER MAJESTY, THE QUEEN IN RIGHT OF ONTARIO, AS REPRESENTED BY THE MINISTRY OF THE PUBLIC SAFETY & SECURITY ONTARIO PROVINCIAL POLICE (Property known as 3331 Line 4 North, Township of Oro-Medonte) WHEREAS Section 121, subsection 2 of the Municipal Act, R.S.O. 1990, Chapter MAS, as amended, provides for a municipality and the Crown to enter into and perform agreements on such terms and conditions as may be set out in the agreement for the use of any property of the municipality; AND WHEREAS the Council of the Township of Oro-Medonte deems it necessary and desirable to pass a By-law to authorize the Mayor and Clerk to execute an agreement with Her Majesty, the Queen in Right of Ontario, as represented by the Ministry of the Public Safety and Security, Ontario Provincial Police, for the occupancy by the Ontario Provincial Police of the building having the municipal address of 3331 Line 4 North, Township of Oro-Medonte; NOW THEREFORE the Council for The Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. THAT the Mayor and Clerk are hereby authorized to sign a Licence to Occupy Agreement between the Corporation of the Township of Oro-Medonte and Her Majesty, The Queen in Right of Ontario, as represented by the Ministry of the Public Safety and Security, Ontario Provincial Police, said agreement attached hereto as Schedule 'A' and forming part of this by-law. THAT this by-law come into full force and effect upon final passing thereof. 2. BY-LAW READ A FIRST AND SECOND TIME THIS 2ND DAY OF OCTOBER, 2002. BY-LAW READ A THIRD AND FINAL TIME THIS 2ND DAY OF OCTOBER, 2002. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ~.)t;p ~ I M r, J. Neil Craig 'I' .... . . ~ _As of the BETWEEN: Schedule "A" to By-law No. 2002-098 o? LICENCE TO OCCUPY AGREEMENT day of 12",oo6g/ [ /\ ,20o~ The Corporation of the Township of Oro-Medonte (Herein called the "Municipality") and Her Majesty the Queen in Right of Ontario as represented by Ministry of the Public Safety & Security Ontario Provincial Police (Herein called the "OPP") It is understood and agreed that the OPP will be providing policing services on behalf of the Province and the Municipality, and will be occupying the Premises for the provision of such _services in accordance with the terms of this Agreement. Section 1 Municipality Section 2 Occupant Section 3 Building Section 4 Premises Section 5 _Term The Corporation of the Township of Oro-Medonte. Ontario Provincial Police (OPP). The Municipality's building having the municipal address of 3331 Line 4 North, Township of Oro-Medonte, Ontario Part of the Building having a Rentable Area estimated to be 2908 square feet. (Note: Township Meeting Room approximately 770 square feet not included.) Subject to Section 11, the Term of Agreement will end on April 30, 2012. Further renewals of the Agreement will be for the same extended term(s). The Commencement Date for occupancy of the property shall be on or before April 30, 2002. /:, .... '~ t t Section 6 Annual Rent e Section 7 Municipality's Costs for the Municipality's Work and the OPP's Work 41 Section 8 Parking Section 9 Cancellation Section 10 Access e 2 The Municipality hereby agrees that the space will be available at the Municipality's cost to the OPP. The Municipality acknowledges that the OPP will not pay the Municipality any annual rent or other rent or charges for the occupancy of the Premises. "The Municipality's Costs for the Municipality's Work and the OPP's Work" means the following costs that are directly, actually and reasonably incurred by the Municipality in connection with the Municipality's Work and the OPP's Work: (a) the aggregate contract prices of all contracts relating thereto; (b) the usual fees and expenses where applicable that are payable to the Municipality or other Authority, including building permit fees and hook-up fees; (c) professional and consultant's fees for the preparation of working drawings and specifications for the OPP's Work. The Municipality shall provide and maintain a parking area. Either party shall have the option of canceling this Agreement by giving the other party no less than one (1) year's written notice prior to the effective date for such cancellation. The Municipality shall permit the OPP, its agents, invitees and those having business with any or all of them, full and uninterrupted access to the Building and the premises seven (7) days per week, twenty four (24) hours per day during the Term and any extension(s) thereof, including access for disabled persons. .. I' 3 Section 11 tJ,unicipality's Indemnity The Municipality shall indemnify the OPP and save it harmless from and against all losses, claims, actions, damages, costs, liabilities and expenses (together the "Claims") in connection with loss of life, personal injury, damage to property (including any portion of the Building and its equipment, machinery, services, fixtures and Leasehold Improvements) or any other loss or injury arising from or out of the conduct of any work by the Municipality, the provision of any service by the Municipality or any act or omission of the Municipality or those for whom the Municipality is at law responsible or by anyone permitted to be in the Building by the Municipality and not caused by the willful or negligent conduct of the OPP, it's employees or agents, or any person conducting business with the OPP. e Section 12 Insurance The Municipality acknowledges that the OPP in respect of damage to the Acknowledgement Building and the Premises is self-insured and in respect of third party liability maintains a comprehensive blanket policy of insurance, and therefore shall not require the OPP to obtain any additional insurance coverage. If the OPP is made a party to any litigation commenced by or against the Municipality in respect of the foregoing, the Municipality will protect, indemnify and hold the OPP harmless in addition to paying all expenses and legal fees incurred or paid by the OPP in connection with such litigation. Section 13 Insurance The Municipality shall obtain and maintain: e (a) "all risks" insurance(including flood and earthquake) on the building (including the foundations and excavations and other parts of the Structure) and the equipment contained in or servicing the Building and on the Lands; (b) comprehensive general liability insurance; (c) such policies shall be written on a comprehensive basis with inclusive limits of not less than Two Million Dollars ($2,000,000.00) per occurrence. No review or approval of such insurance documentation by the OPP shall derogate from or diminish the OPP's rights or the Municipality's obligations as contained in the Lease. 4 e All of the foregoing insurance policies shall contain a waiver of any subrogation rights which the Municipality's insurer may have against the OPP and those for whom the OPP is at law responsible, whether the damage is caused or contributed to by their act, omission or negligence and shall not make provision for co-insurance. All of such policies shall be taken out and kept in full force and effect in the names of the Municipality and the OPP, as their respective interests may appear and shall contain a cross-liability clause. None of the policies shall be invalidated as respects the interest of the OPP, or those for whom the OPP is at law responsible, by reason of any breach or violation of any warranties, representations, declarations or conditions contained in the policies. All of the policies shall contain an undertaking by the insurers to notify the OPP in writing not less than thirty (30) days prior to any material change, cancellation or termination. If requested by the OPP, the Municipality agrees to deliver certificates of insurance of the underwriting insurance company or complete certified copies of policies to the OPP within thirty (30) days after the placing of the required insurance. No review or approval of such insurance documentation by the OPP shall derogate from or diminish the OPP's rights or the Municipality's obligations as contained in the Lease. e Section 14 Signs and Flagpoles (a) As part of the construction, a concrete base, conduit and electrical service for the OPP's illuminated sign shall be provided at the Municipality's expense in a location to be mutually agreed upon between the Municipality and OPP. (b) The Municipality shall erect other signs on the Premises and Lands as the OPP considers necessary for the proper conduct of its business, including parking and directional signs. These signs will be erected in accordance with municipal laws in locations to be mutually agreed upon by the municipality and the OPP. es . echon 15 Repair (c) As part of the construction, the Municipality shall provide flagpoles as specified in a location mutually agreed upon between the Municipality and OPP. The Municipality shall maintain the Premises, including the Leasehold Improvements, the Building and the Structure in good repair and tenantable condition during the Term and any extension(s) thereof. Section 16 Services and .acilities 41 e 5 The Municipality shall provide, operate, maintain and repair the following services and facilities for the Premises as expressed below, at the Municipality's expense during the Term and any extension(s) thereof: (a) Utility Systems All utility systems and facilities including water, fuel and electricity, and including all charges for Utilities used or consumed within the Detachment. (b) Electrical Systems/Lenses, Bulbs and Related Equipment An electrical system which is satisfactory for the OPP's purposes including fixtures and outlets as specified. (c) Thermal Conditions and Air Quality The Municipality shall keep all parts of the Premises heated with artificial heat to a proper and reasonable temperature and provide air- conditioning, ventilation and humidification in accordance with the Ontario Building Code standards. Note: This is a new building and falls under the Ontario Building Code and ASHRAE 90.1 requirements. (d) Water System A water system capable of supplying hot and cold water to the Premises and the washrooms serving the Premises. (e) Washrooms Fully equipped washroom facilities for male and female employees of the OPP in accordance with the requirements established by the Occupational Health and Safety Act, RS.O.1990,c.0.1, as amended, and the regulations made thereunder, or any successor act, a handicapped accessible male and female washroom installed in accordance with the requirements of the Ontario Building Code and any other applicable requirements of any relevant laws or Authority, and the provision of all washroom equipment and supplies reasonably necessary, in the opinion of the OPP, for the use and operation of such washroom facilities, including, without limitation, a sink, vanity, toilet bowl, paper towel dispenser, garbage pail, soap dish and toilet paper dispenser. " 6 (f) Exterior, Common Areas e Maintenance of the exterior of the Building, the landscaped grounds of the Lands, the Parking Areas and walkways of the Building and the Common Areas and Facilities of the Building in good repair and first-class condition and the prompt removal of snow and ice. (g) Life Safety Establishment of a workable emergency evacuation program. This program is to be posted in the building in a visible location to all. (h) Glass Replacement As per maintenance requirements. (If it needs maintenance it will be repaired) e The provision of Building security in accordance with OPP hardware and keying standards for the portion of the building used by the OPP. (i) Housekeeping Services Provide housekeeping service for the Premises as would a reasonably prudent owner of a similar building, including the provision of waste removal services and all cleaning materials and washroom supplies. Municipality to provide a schedule of Janitorial services to the OPP indicating routine and frequency. Such schedule shall be subject to the approval of the OPP. The OPP reserve the right to complete a security clearance on the individuals providing the housekeeping services. Anyone not able to pass the security clearance or refusing to consent to the clearance will be denied access to the premise. The Municipality shall be responsible to provide a suitable substitute. U) Waste Management and Recycling Program 41 The Municipality is to indicate to the OPP what, if any, waste management and recycling program is in place for the employees to follow. Municipality to provide containers. 7 Section 17 Facility The Municipality has the sole right to regulate the use of the Township Meeting Room and will provide a schedule of use to the OPP when available. e Note: OPP use of the Township Meeting Room is available upon notification to the Municipality or without notification to the Municipality in cases of emergency. Section 18 Legally Binding The License to Occupy Agreement shall be subject to: Agreement (i) the Council of the Municipality passing the necessary resolution(s) or by-Iaw(s), authorizing the Municipality to enter into this License to Occupy Agreement and the financing for the Municipality's Costs for the Work. 41 The undersigned, on behalf of the Ontario Provincial Police, hereby acknowledges and :::e8 to the above termg::; / J ,~o03 (,~ / ONTARIO PROVINCIAL POLICE Per: The undersigned, on behalf of The Corporation of the Township of Oro-Medonte, hereby acknowledge and agree to the above terms and conditions. Date: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Per: Title: Mayor e Per: We have the authority to bind the Municipality.