3516 To enter into an agreement with the Tillsonburg Multi Service CentreTHE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NUMBER 3516
A BY-LAW to enter into an agreement with the Tillsonburg District Multi Service
Centre.
WHEREAS The Town of Tillsonburg is desirous of entering into an agreement with the
Tillsonburg District Multi Service Centre to can use certain lands for the purpose of
Community Garden Plots.
THEREFORE the Council of the Town of Tillsonburg enacts as follows:
1. THAT the agreements attached hereto form part of this by-law;
2. THAT the Mayor and Clerk be hereby authorized to execute the attached
agreement on behalf of the Corporation of the Town of Tillsonburg.
READ A FIRST AND SECOND TIME THIS 13th DAY OF June, 2011.
READ A THIRD AND FINAL TIME AND PASSED THIS 27th DAY OF June, 2011.
MAfrOR/- JohnyLes£if
CLERK - Donna Hemeryck
THIS AGREEMENT made in duplicate this 10th day of June, 2011.
BETWEEN:
The Corporation of the Town of Tillsonburg
(hereinafter referred to as the 'Town")
-and-
The Tillsonburg & District Multi-Service Centre
(hereinafter referred to as the "User")
WHEREAS the Town owns the lands known municipally as 30 Bloomer St and herein described in
Schedule "A" to this Agreement;
AND WHEREAS the parties wish to agree on the terms under which the Tillsonburg & District Multi-
Service Centre can use certain lands for the purpose of Community Garden Plots;
NOW THEREFORE the parties, in consideration of the mutual covenants and agreements hereinafter set
out, hereby agree as follows:
1. USE
The Town hereby agrees to let the User utilize a portion of the property, described as the access lane
and approximately one (1) acre of open land in the centre of the property, and as shown in Schedule "A"
attached hereto, for the purposes of a Community Garden, which includes the following uses:
• The planting, growing and harvesting of vegetables, fruits, herbs and flowers;
• Storage of ancillary equipment and tools; and,
• Other uses/equipment directly related to the production of crops.
The access lane is included in the agreement and the User shall be permitted to remove concrete blocks
to permit access for farm equipment. A gate is required to be installed, at the User's cost, to restrict
vehicular traffic to the interior of the site.
The User is also required to install signage, at their cost, that states unauthorized access is prohibited.
2. TERM
The term of this agreement shall commence on June 20th, 2011 and expire on December 31, 2012.
This agreement may, in the sole and absolute discretion of the Town, be extended for additional one
year terms upon request, in writing, prior to December 31 of the year of expiration of the agreement.
3. RENT
The Town and the User agree that the use of this property shall be free of charge.
4. MANAGEMENT OF PROPERTY
The User may assign the management of the Community Garden to such entity as it should so choose in
consultation with the Town of Tillsonburg.
5. MAINTENANCE OF PROPERTY
The User hereby covenants to maintain all of the lands utilized under this Agreement, described as the
access lane and approximately one (1) acre of open land in the centre of the property, in good condition
during the lease term. Upon termination or expiration of the lease agreement, the User shall restore
the property to its original condition including, but not limited to, the removal of all chattels, equipment
and fencing and the lands shall be graded level and allowed to return to its natural state.
6. INSURANCE
The User will maintain and pay for Commercial General Liability Insurance, which coverage shall include
premises and all operations to be performed by the User, his/her employees, and/or agents. This
insurance coverage shall be subject to limits of not less than Two Million Dollars ($2,000,000.00)
inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof for
any one occurrence.
The policy shall include The Corporation of the Town of Tillsonburg as an additional insured in respect of
all operations performed by or on behalf of the User.
The User shall be entirely responsible for the cost of any deductible and shall provide annual proof that
the insurance is in place by March 31 of each calendar year that the agreement is in effect.
The Insurance Policy shall not be altered, cancelled or allowed to expire or lapse, without thirty (30)
days prior written notice to the Town.
7. INDEMNIFICATION
The User shall indemnify and save harmless the Town from and against all claims, demands, loss, cost,
damages, actions, suits or other proceedings by whomsoever made, brought or prosecuted by, or
attributed to any such damages, injury or infringement as a result of activities under this Contract.
8. NON-TRANSFERRABLE
This contract is not assignable, in whole or in part, except by written permission provided by the Town
of Tillsonburg in their sole and absolute discretion.
9. TERMINATION OF THE CONTRACT FOR CAUSE
In the event of any material default in this agreement by the User that is within the reasonable control
of the User, the Town shall have the right to provide written notice of such default and demand that the
deficiency of program be rectified within ten (10) working days or such longer period as may be agreed
upon by the Lessor. If the said default is not rectified or steps are not take to rectify the situation
according to the agreed upon plan, the Town shall be entitled to issue a written notice of termination
for cause with no less than thirty (30) days notice.
The Lessor may immediately terminate the Agreement if the lands are not maintained to the satisfaction
of the Town in their sole and absolute discretion.
10. TERMINATION FOR CONVENIENCE
This agreement can be terminated by either party by giving notice, in writing, ninety (90) days prior to
the termination date, which shall be provided in the Notice of Termination, or the expiration of the lease
term.
Further, should the agreement be terminated for convenience by the Town, the Town agrees to assist in
the search for an alternative site.
11. NON-OBLIGATING AGREEMENT
Notwithstanding any part of this document, this agreement is not a partnership as defined in the
Partnerships Act for the Province of Ontario nor an agreement to participate in any future agreements
or joint initiatives. Any endeavor or transfer of anything of value involving reimbursement or
contribution of funds between the parties to this instrument will be handled in accordance with
applicable laws, regulations, and procedures. Such endeavors will be outlined in separate agreements
that shall be made in writing by representatives of the parties and shall be independently authorized by
appropriate statutory authority. This agreement does not provide such authority.
12. INTERPRETATION
The terms and provisions of the Agreement shall be in accordance with the laws of the Province of
Ontario.
13. FORCE MAJEURE
Neither party shall be held liable for non-performance or damages if caused by events of Force Majeure,
which, without limiting the generality thereof, includes fires, floods, unusually severe weather or Acts of
God, and are beyond the reasonable control of a party, provided same shall not apply to delay or excuse
any financial obligation.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals.
SIGNED, SEALED AND )
DELIVERED in the
Presence of THE CORPORATION OF THE
TOWNOFTILLSONBURG
DATE
Donna Hemeryck
CLERK DATE
) Tillsonburg &Multi-Service Centre
) William Hett DATE
CEO
I have the authority to bind the corporation
APPENDIX A - AERIAL MAP OF 30 BLOOMER ST