1999-106
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 1999-106
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Being a By-law to authorize the execution of a lease between the Township of
Oro-Medonte and the Ukrainian National Federation of Canada.
WHEREAS the Corporation of the Township of Oro-Medonte is desirous of possessing
a lease arrangement for property at Hawkestone for a period of ten (10) years:
NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte
hereby enacts as follows:
1. The Mayor and Clerk are hereby authorized to execute the lease with the Ukrainian
National Federation of Canada for the use of the property at Hawkestone.
2. That the Clerk is hereby authorized to affix the original, duplicate original and copy of
the Lease with the Corporate Seal of the Township of Oro-Medonte.
3. That when fully executed, a copy of the Lease will be attached to and form part of
this By-law.
By-law read a first and second time this 6TH day of October 1999.
By-law read a third time and finally passed this 6TH day of October 1999.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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Mayor, Ian Beard/
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Clerk, Lynda Aiken
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THIS AGREEMENT MADE THIS
DAY OF 1~,i"2~V; 1999
BETWEEN:
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Hereinafter called the Township
-AND-
UKRAINIAN NATIONAL FEDERATION OF CANADA
Hereinafter called the Federation
IN CONSIDERATION of the sum of $2.00 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, Concession 1, Township of Oro-
Medonte (identified as Assessment Roll Number 434601 0011 08000), 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 a play area or 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 play and
recreational area on the Lands shall be a community play and recreational area, and any
person, or organization whatsoever shall be permitted to use the lands as long as the use
is permitted by law.
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
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
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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.
Section 8: Annual Rent
The Township shall pay to the Federation rent in the sum of one dollar ($1.00) per
annum, the payment and receipt of which is hereby acknowledged by the parties.
Section 9: Right of Way
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 June 1, 1999 to May
31, 2009 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.
IN WITNESS WHEREOF the parties have executed this Agreement.
THE CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE
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Ian Beard, Mayor
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Lynda Aiken, Clerk
We have the authority to bind the Corporation
ATIONAL FE ERATION OF
ONTO BRA CH
Name:
Preside
Kow.qL.
We have the authority to bind the Corporation
Municipal Departments/Clerk/UKRAINIAN Nat. Fed. and Twp. agreement
UNF of
Canada
310 '
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APPENDIX "A"
Hawkestone Park
351 '
787 '
Mrs. MacDougall
436 '
Ukrainian National Federation of Canada
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66 '
Road
Allowance