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2000-096 e . '.. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY -LAW NO. 2000-96 Being a By-law to Enter into an Agreement between The Corporation of the Township of Oro-Medonte and the Trinity Community Presbyterian Church WHEREAS Section 207, Subsection 58 of the Municipal Act, R.S.O., 1990, c.MA5, as amended, allows the Council of a Municipality, to acquire or grant aid for the acquisition of community recreation centres; AND WHEREAS the Trinity Community Presbyterian Church entered into an Agreement of Purchase and Sale on December 10, 1999 and amended on October 22, 2000 regarding lands legally described as Part Lot 21, Concession 7 (East), Township of Oro Medonte; AND WHEREAS the Trinity Community Presbyterian Church has agreed to assign its interest in the Purchase Agreement to the Municipality; AND WHEREAS it is deemed expedient to enter into Letter of Understanding between the Township of Oro-Medonte and the Trinity Community Presbyterian Church to define the above assignment of interest regarding the Purchase Agreement; NOW THEREFORE the Council of The Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. That the Mayor and Clerk be authorized to execute the Letter of Understanding between the Township of Oro-Medonte and the Trinity Community Presbyterian Church, attached hereto as Schedule II A"; 2. That this By-law shall come into full force and effect on its final passing thereof. By-law read a first and second time this 6th day of December 2000. By-law read a third time and finally passed this 6th day of December 2000. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE L~o.-. < W Mayor, Ian Beard / ~i~ .~ ~ ' \ I I I \ I c, ';,," t }k/i'<'':~;''/'/~' ' Acting Clerk, Vicki I. Robertson " ... - . " Schedule "A" Letter of U nderstandin~ This Letter of Understanding made in duplicate this 6th day of December, 2000 in Accordance with the resolution of Council ITom their regular meeting of September 20, 2000. BETWEEN: TRINITY COMMUNITY PRESBYTERIAN CHURCH Hereinafter called the "Church" PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART The parties hereby covenant and agrees as follows: 1. Covenant by the Church The Church covenants and agrees as follows: a) The Church shall provide all funds necessary for the purchase of the subject lands described on Schedule It 1 It attached hereto. b) The Church shall proceed to complete the required Official Plan Amendment to the satisfaction ofthe Township including the master servicing report. c) The Church shall proceed to complete the required Site Plan Agreement and Drawing to the satisfaction of the Township. d) The Church shall obtain all necessary pennits and approvals from all Ministries and agencies, including, but not limited to, the Simcoe County District Health Unit and the Ministry of Transportation. 2. Covenants by the Township The Township covenants and agrees as follows: a) That the Township will hold in trust for the Church the subject lands as described on Schedule "1" attached hereto. -- b) The Township will transfer the subject lands as described on Schedule "1" attached hereto back to the Church once the requirements of the Official Plan Amendment and Site Plan are completed to the satisfaction of the Township. 3. Binding Effect This Agreement and everything contained herein shall be binding upon the successors and assigns of the parties hereto and upon the lands described in Schedule It lit attached hereto, such Schedule being a legal description of the lands. 4. Save Harmless The Owner, on behalf of itself, its successors and assigns agrees to indemnify and save hannless the Township from and against any and all claims, suits, actions and demands whatsoever which may arise either directly or undirectly by reason of any work or service perfonned by the Township, its servants or sub-contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or sub-contractors. IN WITNESS WHEREOF, the Parties have hereunto set their hand on this 6th day of December, 2000. David Black, Trustee Trinity Community Presbyterian Church Jim Gray, Trustee Trinity Community Presbyterian Church Vicki 1. Robertson, Acting Clerk Ian Beard, Mayor '" - . . Schedule "1" The subject lands are described as Concession 7, Part of Lot 21, Pt of Part 5 and 22.86 metres (75 feet) ofthe northerly portion of Part 6 on Reference Plan 51R-15045 (fonner Township of Oro), County of Simcoe.