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By-Law 2023-095 AgreementTHIS AGREEMENT made in triplicate this 7th day of June,2023. BETWEEN: The Corporation of the Town of Tillsonburg (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 of the 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",2023 and ending December 31,2028.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 Tillsonburg. 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 Five Million Dollars ($5,000,000.00)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 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 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 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. 13.POLICY ACKNOWLEDGMENT The User agrees to read and to follow the following Town policies: Health and Safety Policy -Workplace Anti-Violence Harassment and Sexual Harassment Policy RZone Policy Corporate Policies -Town of Tilisonburg IN WITNESS WHEREOF the parties hereto have hereunto setther hands and seals. SIGNED,SEALED AND DELIVERED in the Presence of THE CORPORATION OF THE TOWN OF TILLSONBURG MAYOR DATE DATE O ?■DATE I have the authority to bind the corporation OHf^onbur^Community Gardens -Multi-Service Centre Aareement Schedule A (Bv-Law 3756) \K r-^a t \(I O )..- J/\/\ V Notes Legal Description: Lot 1403,1413,1412,PL 500,Except PT 1,PL 1505,PT LT 1413A PL 500,PT Oxford St,Bloomer St,PL 500.Closed by MB565,asin254733,B17340 and TB 14968 Except PT 141R5589,Tillsonburg Legend 91 183Meters1830 This map is a user genefated static output from an fniemet mapping site anaIsforreferenceortly-Data layers that appear on this map may or may not be accurate,current,or olherwise reliable. N0TS:THIS IS NOT,A PLAN OF SURVEY NAD_1983_UTM_2ore,^17N ©-County of Oxford August 19,2013 CERTIFICATE OF LIABILITY INSURANCECSI0 This certificate is issued as a matter of information only and confers no rights upon the certificate holder and imposes no liability on the insurer.This certificate does not amend,extend or alter the coverage afforded by the policies below. INSURED’S FULL NAMEAND MAILINGADDRESSCERTIRCATEHOLDER●NAMEAND MAILING ADDRESS Town of Tillsonburg Tillsonburg &District Multi-Service Centre lOLisgarAve 96 Tillson Ave ^aln4G5A5TillsonburgWDESCRIPTIONOFOPERATIONSjLOCATIONS/AUTOMOBILES/SPECtAL ITEMS TO WHICH THIS CERTIFICATE APPLIES (but only wlUi respoct totha pperaUongof tna Named Insured) Not for Profit organization providing adult literacy,employment programs &support services for seniors.RE:Use of land at 26 Bloomer St for purpose of Community Garden Plots.The certificate holder is added as an additional insured to the Commercial General Liability Coverage Policy,but only with respect to liability arising out ofoperationscarriedoutbyoronbehalfoftheNamedInsured,excluding any automobile liability. ON POSTAL N4G 3A1TillsonburgON a [This is to csrti^that the policies of insurance listed below have been issued to the insured named above for the policy period indicated notwithstanding any requtremenls,termsorconditionsofanycontractorotherdocumentwithrespecttowhichthiscertificatemaybeIssuedormaypertain.The Insurance afforded by the policies described herein issubjecttoallterms,exclusions and conditiorfs ofsuch policies. COVERAGES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LIMITS OF LIABILITY (Canadian dollars unless Indicated otherwise) OED. EFFECTIVE DATE YYYY/MM/DD EXPIRYDATE YYYY/MM/DD INSURANCE COMPANYANDPOLICYNUMBERTYPEOFINSURANCE AMOUNTOFINSURANCECOVERAGE Northbridpe General Insurance Ctxp^'^cnP04017467.^2023fl3<!/30 2Q24/D4/3Q COU.UERCIAL GBIERAL LUBIUrTBOOILYINJURYANDPROPERTY DAMAGELiABIUtY COMMERCIAL GENERAL UABILITY 5,003,000-GENERALAGGREGATE□CLAIMSMADE QB El OCCURRENCE El PRODLtrrSAND /OR COMPLETED OPERATIONS n^yPLOYER^UABIUTY ScROSSUASIUTY 5,000,0001,000■EACH OCCURRENCE PRODL-CTS AtO COMPIETED OPERATIONSAGGREGATE 5,000.000 □personalinjuryUABILITY 5,000,000OR □WAIVER OF SUBROGATION □PERSO.NALANDADVERTISING INJURYUABlLfTY ACOICAL PAYMENTS 25,000 □tenants LEGAL UA3UTY □POLLUTION LIABOTY EXTENSION 500,000TENANTSLEGALLIABIUTY1,000 POaUTiaN LIABILITY EXTENSIO.Y □IncludedContraciualLiaaUily □ Norlbbndse General Insurance CorporationPCM017487.5 2023/04/30 2024/04/30□M)N47WNEDAUTOMOBILES □hired AUTOMOBILES 5,000,000NON-OV/NED AUTOMOBIES HIREDAUTOMOBILES AUTOMOBILE LIABIUTY □DESCRBED Al/TOUOBILES □ALL OWNEDAUTOMOBILES □lFASEO AUTOMOBILES" "ALLAUTOMOBILES LEASED IN EXCESSOF30DAYSWHERETHEINSUREDISREQUIREOTOPROVIDEINSURANCE BOO LY INJURYAND PROPERTY DAMAGE COMBINED BODILY INJURY (PER PERSON) BODILY INJURY (PERACCIDENT) PROPERTY DAMAK EXCESS UABILITY □umbrella FORM EACH OCCURRENCE AGGREGATE□ OTHER LIABIUTY (SPECIFY)□ □ CANCELLATION Should any of the above described policies be cancelled before the expiration date thereof,the issuing company will endeavor toholdernamedabove,but failure to mail such notice shall Impose no obligation or liability of any hind upon the company,Its agents or representatives. BADOmONAL INSURED NAME AND MAiLING ADDRESS_(Commefcial Genara!UablitT-but PnN_wilb raspact to the ooarallona ofUw Named ffBurwU Town of Tillsonburg days written notice to the certificatemail30 m BROXERAGE/AGENCY FULL NAME AND MAIUNG ADDRESS Arthur J.Gallagher Canada Limited 250 York Street.Suite 400 10 Lisgar Ave POSTALCODELondonON N6A6K2 ^8oe'N4G5A5TillsonburgONBROKERCLIENTID: H CERTIFICATE AUTHORIZATION CONTACT NUMBER(S) TYPE Pfione TYPE Fax ISSUER Arthu'J.Gallagher Canada Limited NO.519.643-5800 NO.FYPE TYPENO.518.646-5812 NO,AUTHORIZED REPRESENTATIVE Narisha Joseph BA CIP SIG.NATURE OF _ AUTHORIZED REPRESENTATIVE DATE 2D23/06/19 EMAIL ADDRESS Uiyior_0cHerOaig.corf) CSIO ●Certiflcata of Liability Insurance CA4301a 201609 €2016,CantrefcrSludy otlnsuranceOperatians.All irgt-Js reserved.