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2010-130 Amend By-law 2010-095THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2010-130 A By-law to Amend By-law No. 2010-095, being A By-law to Authorize the Execution of a Lease Agreement Between The Corporation of the Township of Oro-Medonte And TRY Recycling (Barrie) Inc. WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended provides the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues; AND WHEREAS Section 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND 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 did enact By-law No. 2010-095 on the 9th day of June 2010, which authorized the execution of a Lease Agreement with TRY Recycling (Barrie) Inc. for lands described as Part of the West '/2 of Lot 11, Concession 8, geographic Township of Oro, now in the Township of Oro- Medonte, County of Simcoe, known municipally as 1525 Line 7 North; AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte does now find it expedient to amend the Indenture of Lease between The Corporation of the Township of Oro-Medonte and TRY Recycling (Barrie) Inc., attached as Schedule "A" to By-law No. 2010-095; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That Schedule "A" to By-law No. 2010-095 be amended as follows: a) That Section 33(a)(viii) be amended to replace and" with b) That Section 33(a)(ix) be deleted in its entirety; and c) That Section 35(a) be deleted and replaced with the following: "The Lessor acknowledges that though the Lands may be exempt from assessment and property taxation at the time this agreement is entered into, the Lands may be reassessed once the Lessee commences its operations on the Lands and may then be subject to municipal and school board property taxation. The Lessee shall be responsible to pay all municipal and school board property tax amounts levied on the Leased Lands. The Lessee acknowledges that it may challenge any such assessments, at its sole expense; however, the Lessor agrees that it will not object to any assessment challenge or appeal undertaken by the Lessee." 2. This by-law shall take effect on the final passing thereof. BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 14TH DAY OF JULY, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE , A.S. H J.