2010-018 Agreement - Ukrainian National FederationTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
By-Law No. 2010-018
Being a By-Law to Authorize the Execution of an Agreement Between the
Township of Oro-Medonte and
Ukrainian National Federation of Canada - Toronto Branch
and to Repeal By-Law No. 1999-106
WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, Section 224, as amended, states
that it is the role of Council to ensure that administrative practices and procedures are
in place to implement the decisions of Council.
AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte
deems it expedient to enter into a lease agreement with the Ukrainian National
Federation of Canada - Toronto Branch to provide public use of Part of Lots 23 and 24,
Plan 626, Part of Lot 62, Plan 1464, Block A, Concession 11 (identified as Assessment
Roll Number 4346-010-011-08000), being approximately 787 feet by 310 feet by 66
feet by 846 feet.
AND WHEREAS Council enacted Motion CW091216-33 authorizing the Township of
Oro-Medonte and Ukrainian National Federation of Canada - Toronto Branch to enter
into a lease agreement.
NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as
follows:
1. THAT the Mayor and Clerk be authorized to execute the lease agreement
attached hereto as Schedule "A" and forming part of this By-Law.
2. THAT the lease agreement be effective for a period of ten (10) years from
March 1, 2010 to May 31, 2020 and may be renegotiated or renewed at the end
of this term.
3. THAT By-Law No. 1999-106 be repealed in its entirety.
4. THAT this by-law shall take effect on the final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 27TH DAY OF JANUARY, 2010.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 27TH DAY OF
JANUARY, 2010.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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Schedule "A" to By-law No. 2010-018
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Hereinafter called the Township
-AND-
UKRAINIAN NATIONAL FEDERATION OF CANADA-Toronto Branch
Hereinafter called the Federation
IN CONSIDERATION of the sum of $10.00 and other valuable consideration now paid by
each part to the other the parties agree as follows:
Section 1: Lands
In this Agreement:
"Lands" shall mean Part of Lots 23 and 24, Plan 626; Part of Lot 62 Plan 1464 Block A Concession 11,
Township of Oro- Medonte (identified as Assessment Roll Number 434601001108000), being
approximately 787 feet by 310 feet by 66 feet by 846 feet (as shown on Appendix A).
Section 2: Demise
The Federation demises and leases the Lands to the Township subject to the terms and conditions set
out herein.
Section 3• Use
The Township covenants with the Federation:
a) to use the Lands only for recreational purposes, except as specifically permitted herein;
b) not to alter the drainage of the Lands except with the approval of the Federation, which approval
shall not be unreasonably withheld;
c) to maintain at the Township's expense a structure for crossing the creek situated on the Lands; and
d) to maintain and keep said lands in a reasonably clean and tidy condition;
Section 4: Co-operation
The parties acknowledge and agree that the use of the Lands shall be mutually beneficial
to both parties and both parties shall do all things necessary to co-operate in this regard.
Section 5: Public Use
It is understood and agreed between the Township and the Federation that the Lands shall be a public
recreational area, and any person, or organization whatsoever shall be permitted to use the lands as
long as the use is permitted use in accordance with the Parkland By-law or by provincial or federal laws.
Section 6: Maintenance and Repairs
Notwithstanding the provisions of Section 3 a), the Township shall have the right to
maintain, install, replace, repair, reconstruct, expand, extend or upgrade any structures,
fixtures or chattels upon the Lands, whenever the Township, in its discretion, determines
that such maintenance, repair or improvement work is necessary or desirable.
Section 7: Indemnity
a)The Township shall at all times indemnify and save harmless the Federation from and
against any and all manner of claims, actions and other proceedings brought against the
Federation in respect of any damage or injury (including fatal injury) to any person or
property resulting from the Township's occupation or use of, or any operation in
connection with, the Lands or any fixtures or chattels thereon except to the extent
attributable to the Federation's negligence.
b) The Township shall provide upon execution of this agreement, and at any time during the term of the
agreement, as requested by the Federation, proof of liability insurance and indemnification of the
Federation as indicated above.
Oro-Medonte / UNF Toronto Parkland Agreement
December 2009
Section 8: Annual Rent
The Township shall pay to the Federation rent in the sum of one dollar ($1.00) per
Annum as a lump sum payment in the amount of ten dollars ($10.00) due upon execution of the
agreement, the payment and receipt of which is hereby acknowledged by the parties.
Section 9: Right of Wav
The Federation shall have a right of way over the Lands for general purposes.
Section 10: Termination
Either party hereto may terminate this Agreement by providing six (6) month's prior
written notice to the other party.
Section 11: Term of Agreement
This agreement shall be effective for a period of ten (10) years from March 1, 2010 to May
31, 2020 and may be renegotiated or renewed at the end of this term.
Section 12: Entire Agreement
The parties acknowledge that there are no covenants, representations, warranties,
agreements or conditions, express or implied, collateral or otherwise forming part of or in
any way affecting or relating to this Agreement other than as set out in this Agreement,
which constitutes the entire Agreement between the parties concerning the Lands and
which may be modified only by further written agreement.
Section 13: Enurement
The provisions of this Agreement shall be binding upon, and enure to the benefit of, the
parties and their respective successors and assigns.
Section 14 - Acknowledgment
The Township shall establish and maintain a formal recognition of the Federation's contribution of the
lands associated with the Hawkestone Park in the form of a Plaque or Sign to be located at the entrance
to the park.
Oro-Medonte / UNF Toronto Parkland Agreement 2
December 2009
IN WITNESS WHEREOF the parties have executed this Agreement.
THE CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE
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Date
Date
We have the authority to bind the Corporation
UKRAINIAN NATIONAL FEDERATION OF
CANADA, TORONTO BRANCH
President Name: Y. Slawko Borys
Date
Secretary Name: Bohdan dicky
Date
We have the authority to bind the Corporation
Oro-Medonte / UNF Toronto Parkland Agreement 3
December 2009
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