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2014-193 Agreement with Senti Bertram RasaThe Corporation of the Township of Oro - Medonte By -Law No. 2014 -193 A By -law to Authorize the Execution of a Lease Agreement Between The Corporation of the Township of Oro - Medonte and Senti Bertram Rasa Whereas Section 5(3) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipal power, including a municipalitiy's capacity, rights, powers and privileges under Section 9, shall be exercised by by -law unless the municipality is specifically authorized to do otherwise. 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 Section 224 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides 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 Council deems expedient to enter into a lease per Motion No. C140716 -27 at its July 16, 2014 Council meeting. 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, attached hereto as Schedule "A" and forming part of this by -law; 2. And That this by -law shall come into force and take effect on the final passing thereof. By -Law Read a First, Second and Third time, and Passed this 26th day of November, 2014. The Corporation of the Township of Oro - Medonte Mayor, H.S. F7ughes 1_/ erk, J o alas Irwin i LEASE AGREEMENT This Agreement made this 26th day of November, 2014 B E T W EEN: SENTIBERTRAM RASA (hereinafter referred to as "Rasa') - and - THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE (hereinafter referred to as "the Township ") WHEREAS Rasa is the owner of the property legally described as Part West Half Lot 20, Concession 1, (South Orillia), Township of Oro - Medonte, designated as Part 1 on Plan 51 R -39542 (hereinafter referred to as "the Parking Facility "); AND WHEREAS the Township has agreed to lease from Rasa the lands designated as Part 1 on Plan 51 R -39542 and construct a public parking facility thereon so as to provide increased parking for the existing boat launch and winter recreation, with the parking revenue derived therefrom by the Township to pay for the capital cost of construction of the parking facility including the cost of relocation of the existing overhead utility lines running across the property. NOW THEREFORE in consideration of the sum of Two Dollars ($2.00), receipt of which is hereby acknowledged, and the covenants herein contained, and other good and valuable consideration, the Parties hereto covenant and agree as follows: The Township shall lease from Rasa the lands designated as Part 1 on Plan 51 R- 39542 for a term of ten (10) years, commencing N o v e m b e r 1, 2014 and ending November 1, 2024. 2. Upon execution of this Agreement, the Township will commence construction of a parking area upon the leased lands at a capital cost estimated by the Township to be Twenty -One Thousand, Five Hundred Dollars ($21,500.00) including the cost of relocating the existing utility lines owned and operated by Hydro -One Networks and Bell Canada presently crossing the lands ( "the capital cost "). 3. Once completed and operational, a day -use fee will be charged by the Township to the users, and all parking revenue derived from the day -use of the parking facility will be applied to the capital cost of the construction of the parking facility incurred by the Township. Upon recovery from those revenues of an amount equal to the capital cost of relocating the utility lines in the amount of $12,000.00, the parking revenues will be thereafter divided equally between the Township and Rasa for the balance of the term hereof. The Township shall see to an amendment to its parking By- Law(s) to expand the non - resident permit parking to include non - resident day -use fees for this facility. The day -use fee would be collected, administered and enforced through the Township By -Law Enforcement Office and shall provide Rasa an accounting thereof annually. 4. It is agreed that during the term of this lease, the Parking Facility shall not be used for any purpose other than public parking facilities. 5. The Township shall throughout the term of the lease be responsible for the maintenance, grading and snow removal of the parking facility. -2- 6. The Township covenants to keep Rasa indemnified against all claims and demands whatsoever by any person, whether in respect of damage to person or property, arising out of or occasioned by the maintenance, use or occupancy of the lands and shall carry public liability insurance in its own name to providing coverage in the amount of at least Five Million Dollars ($5,000,000.00) with Rasa to be shown as a named insured. 7. In the event of default of this Lease Agreement by Rasa, or the sale of the Parking Facility property, Rasa shall pay back the Township the Capital Cost expended by the Township pursuant to section 2 herein, less any parking revenue received by the Township pursuant to section 3 herein. 8. This Agreement shall enure to the benefit of Rasa and the Township and be binding upon the Parties and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF the Parties hereto have executed this Agreement at the Township of Oro- Medonte, County of Simcoe, this day of Novmber, 2014. fitness 9'�:) SENTI BdaThAM RASA THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Per: H. Hu es, MaYor bo-drglas/tWn Director o rporate Services /Clerk We have the authority to bind the Corporation.