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2017-134 Authorize the Execution of an Amending Agreement between the Township of Oro-Medonte and The United Church of CanadaThe Corporation of the Township of Oro-Medonte By -Law No. 2017-134 Being a By -Law to Authorize the Execution of an Amending Agreement Between The Township of Oro-Medonte and The United Church of Canada 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 Township of Oro-Medonte and The United Church of Canada entered into an agreement dated the 14th day of June, 2017; And Whereas the original agreement between The Township of Oro-Medonte and The United Church of Canada must now be amended; Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: That the Mayor and Director, Operations and Community Services be authorized and directed to execute the Amending Agreement with The United Church of Canada. 2. That this by-law shall take effect on the final passing thereof. By -Law Read a First, Second and Third time, and Passed this 25th day of October, 2017. The Corporation of the Township of Oro-Medonte Dep ty Clerk, Janette Teeter BETWEEN: and AMENDING AGREEMENT Dated as of the 11th day of October, 2017 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE (hereinafter referred to as the "Township") THE UNITED CHURCH OF CANADA (hereinafter referred to as the "Church") WHEREAS: A) The Township and the Church entered into an agreement dated the 14`h day of June, 2017 (the "Agreement') which provided that the Church would convey to the Township, subject to a reserved easement, the parts of the Church Lands (as that tern is defined in the Agreement) designated as Parts 1, 2 and 3 on Plan 51R-40976 (the "Transferred Lands"). The Township intended to use the Transferred Lands for parking and related purposes. The consideration for the transfer of the Transferred Lands was to include the installation by the Township of a waterline running from its well situated on the Township lands adjoining the Church Lands (the "Township Well") to the westerly limit of Part 2 of the Transferred Lands and the permission by the Township for the Church to draw water from the Township Well. B) The Transferred Lands were conveyed to the Township, subject to the reservation of a Right -of -Way in the nature of an Easement for pedestrian and vehicular access and egress over and along Part 2, Plan 51 R-40976 (the "Reserved Easement'), on June 26, 2017 by a Transfer/Deed of Land from the Church to the Township registered as Instrument Number SC1423595. C) Subsequent to the conveyance to the Township, the Township was advised by the Bereavement Authority of Ontario that the Transferred Lands are classified as cemetery lands which places limitations on their development as regulated under Division B of Part III of the Funeral, Burial and Cremation Services Act, 2002 (Ontario) (the "Act'). D) As neither the Township nor the Church is willing to pay the costs and undertake the process required under the Act to fulfill the intent of the original Agreement, the Parties are entering into this Amending Agreement to amend the terms of the original Agreement. NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the sum of Two Dollars ($2.00) and other good and valuable consideration, the Parties covenant and agree as follows: me I . The Church releases the Township from its obligations to install the waterline and to permit the Church to use the water from the Township Well. As consideration for such release, the Township shall permit the Church to continue to access and use the water from the Church well on Part 2 of the Transferred Lands (the "Church Well") for as long as the Reserved Easement is in effect and agrees that the Church is not obligated to decommission the Church Well. The Church acknowledges that the Township makes no warranties and has no liability concerning the quantity or potability of the water from the Church Well and that the Church is responsible for maintaining the Church Well. 2. The Parties agree to continue their current cooperative relationship for as long as the Reserved Easement is in effect, including without limitation the Township's provision of snow clearing for the Church Lands when the arena lands are being cleared and the occasional use by the Church of a meeting room in the Township's arena (subject to availability) and the Township's use of the remaining Church Lands for overflow parking. 3. Each Party shall be responsible for its own legal costs with respect to this Amending Agreement. The Church shall pay the cost of the archaeological assessment obtained by the Township, such cost being $3,164.01. 4. The Parties agree that the terns of this Amending Agreement replace the terms of the Agreement that cannot be carried out without the consent of the Registrar. This Amending Agreement shall be binding upon and shall enure to the benefit of the Parties and their respective successors and assigns. 5. This Amending Agreement may be signed in counterparts and the Parties agree that it shall be binding upon them when both Parties have executed at least one copy of it, and all of such counterparts, when taken together, shall constitute one and the same agreement, notwithstanding that both Parties have not executed the same copy. IN WITNESS WHEREOF, the Parties have executed this agreement, as of the date first above written, by their signing officers duly authorized in that regard. THE CORPORATION OF THE TOWNSHIP THE UNITED CHURCH OF CANADA H.S. Hughep` Mayor V Shaw�s-,I)irector�n� Community Services We have authority to bind the corporation. -2- We have authority to bind the corporation.