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3756 Schedule "A" - Multi Service Centre Agreement - Community Garden PlotsTHIS AGREEMENT made in triplicate this 27th day May, 2013. BETWEEN: The Corporation of the Town ofTillsonburg (hereinafter referred to as the "Town") -and- The Multi-Service Centre (hereinafter referred to as the "User") WHEREAS the Town owns the lands known municipally as 26 Bloomer Stand herein described in Schedule "A" to this Agreement; AND WHEREAS the parties wish to agree on the terms under which the user can use certain lands for the purpose of Community Garden Plots; NOW THEREFORE the parties, in consideration ofthe mutual covenants and agreements hereinafter set out, hereby agree as follows: 1. USE The Town hereby agrees to let the User utilize the property described in Schedule "A" attached hereto as 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. 2. TERM The term of this use shall be for 5 years commencing June 1", 2013 and ending December 31, 2018. This agreement may, in the sole and absolute discretion of the Town, be extended for a further term of 5 years. 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 Tillson burg. 5. MAINTENANCE OF PROPERTY The User hereby covenants to maintain all of the lands utilized under this Agreement in good condition during the lease term. 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 Tillson burg as an additional insured in respect of all operations performed by or on behalf of the Lessee. The Lessee shall be entirely responsible for the cost of any deductible. The Insurance Policy shall not be altered, cancelled or allowed to expire or lapse, without thirty (30) days prior written notice to the Lessor. Copy of the documents are to be provided to the Director of Finance by January 1 of each calendar year. 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 ofTillsonburg 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 five (5) 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 or the expiration of the lease term. 11. INTERPRETATION The terms and provisions of the Agreement shall be in accordance with the laws of the Province of Ontario. 12. 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 TOWN OF TILLSONBURG John Lessif MAYOR DATE Donna Wilson CLERK DATE THE USER ,4Jtel Z '2-, :z.o (~ DATE I have the authority to bind the corporation 183 NAD_1983_UTM_Zone_17N ©County of Oxford 0 Community Gardens -Multi-Service Centre Aareement Schedule A lBv-Law 3756) 91 183Meters August 19, 2013 / / l· ;\" ;"' \ ,---\ \,'U__· '' ' /:1,\'. -~ \' \ :.--L ··t-,, . .l \:~ .. ;:J--.· .. -' '! F-\ __ ., 1 1:3.595 o 1 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otheiWise reliable. NOTE:THIS IS NOT A PLAN OF SURVEY \ --~1, ~ r-) \ ' ~· \, "\ ~--,w-\ a ··~-~------·(J /~t. / _. ,..,.-'\ ,/ 'A' ,, Notes Legal Description: Lot1403,1413,1412,PL 500, Except PT 1, PL 1505, PT LT 1413A PL 500, PT Oxford St, Bloomer St, PL 500. Closed by MB565, as in 254733, B17340 and TB 14968 Except PT 141R5589, Tillsonburg Legend ~