4032 Schedule A - Agreement - Town of Tillsonburg and Woodstock and Area Community Health CentreTHIS AGREEMENT made in quadruplicate this s'" day of August, 2016.
BETWEEN:
THE CORPORATION OF THE TOWN OF TILLSON BURG,
Here in after called the Lessor, of the First Part,
-and-
WOODSTOCK AND AREA COMMUNITY HEALTH CENTRE;
Here in after called the Lessee, of the Second Part,
AND WHEREAS the Lessor owns the property described as part of Lot 2, Concession 5 North of Talbot
Road, and more specifically described as Parts 1 and 2, Plan 41R-4211 ("the lands"),
AND WHEREAS the Lessee is desirous of renting a portion of the Lands for temporary storage;
NOW THEREFORE THE PARTIES, in consideration of the mutual covenants and agreements hereinafter
set out, hereby agree as follows:
1. PREMISES
The " Premises" consist of an area with dimensions of 53 feet long by 9 feet wide (enough to
accommodate 1 nine foot by fifty-three foot trailer or two eight foot by forty foot containers) to a
maximum of 650 square feet, more or less, within town owned lands, in the Town of Tillson burg,
Province of Ontario, as shown outlined on the plan attached as Schedule A.
2. LEASE TERM
The Lease Term is effective beginning August 15, 2016 and ending December 31, 2018, unless
terminated under the provisions of Paragraphs 15 or 16, as applicable.
The Lease Term can be extended for additional one (1) month periods, subject to approval by the Lessor,
in their sole and absolute discretion, upon receipt by the Lessor of written notice fourteen (14) days
prior to the expiration date. If accepted by the Lessor within seven (7) days, the same rates and terms
shall apply except that the agreement shall be amended to extend the termination date.
3. RENT
The Lessor and Lessee agree that no rent is payable.
4. REMOVAL OF USE
The Lessee will be responsible for the coordination and costs associated with the removal of the storage
container as well as any associated materials or waste by the lease expiration date.
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5. OTHER USES/BUSINESSES
No other uses or businesses are to be operated in conjunction with the approved use without prior
approval by the Lessor in their sole and absolute discretion.
6. REGULATION COMPLIANCE AND LEGISLATION
The Lessee shall ensure that the use approved within this Agreement is in accordance with and under
authorization of all applicable authorities (Municipal, Provincial and Federal) and related
acts/regulations; including but not limited to:
• The Occupational Health and Safety Act and its regulations
• The Workplace Safety & Insurance Act
• The Environmental Protection Act (Ontario) and its Regulations
• The Ontario Fire Protection & Prevention Act
The Lessor reserves the right to request authentic copies from the Lessee of any documentation
relevant to the aforementioned compliance requirements. Failure to provide may result in the
termination of the lease.
7. WORKPLACE SAFETY AND INSURANCE BOARD (WSIB)
If applicable, the Lessee shall be required to supply a Certificate from the Workplace Safety and
Insurance Board prior to the start of the agreement and upon fourteen (14) days notice, if requested in
writing, during the life of the agreement. The Certificate shall indicate that all of the assessments the
Lessee is liable to pay under the Worker's Safety Insurance Board Act or successor legislation have been
paid and that they are in good standing with the Board.
8. STORAGE OF HAZARDOUS OR CONTROLLED MATERIALS
The Lessee acknowledges and agrees that there shall be no storage of Hazardous or Controlled Materials
on the premises or property.
9. INSURANCE
The Lessee will maintain and pay for Commercial General Liability Insurance, which coverage shall
include premises and all operations to be performed by the Lessee, 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 ofTillsonburg as an additional insured in respect of
all operations performed by or on behalf ofthe Lessee and the Lessee shall provide a copy of any and all
policies of insurance, including renewals and terms of such policies, to the Lessor.
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The Insurance Policy shall not be altered, cancelled or allowed to expire or lapse, without thirty (30)
days prior written notice to the Lessor.
The Lessee shall be entirely responsible for the cost of any deductible.
10. LOSS OR DAMAGES
It is the Lessee's responsibility to maintain appropriate controls over the storage and safekeeping of
property belonging to the Lessee and/or their staff; including, but not limited to, all inventory and
productes maintained on the premises. The Lessor will not be liable for any loss or damage to the
Lessee's property stored on the premises, for any reason ..
11. DAMAGE CLAIMS
The Lessee shall be responsible for all damages caused by it, its employees, agents, any workers or
persons employed by it, or under its control, or arising from the execution of the lease, or by reason of
the existence, location, or condition of the use, or of any materials, plant or machinery used thereon or
therein, or goods supplied in execution of the Agreement, or which may happen by reason of their
failure or the failure of those for whom they are responsible, to do or perform any or all of the several
acts or things required to be done by them under the Agreement.
12. INDEMNIFICATION
The Lessee shall indemnify and save harmless the Lessor 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 Agreement.
13. EMERGENCY TELEPHONE NUMBER
The Lessee shall provide the Lessor with the name(s) and telephone number(s) of his/her
representative(s) who can be contacted on a 24-hour basis in case of an emergency during the term of
the Agreement.
14. NON-TRANSFERRABLE
This agreement is not assignable, in whole or in part, except by written permission provided by the
Town ofTillsonburg in their sole and absolute discretion.
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15. TERMINATION OF THE AGREEMENT FOR CAUSE
In the event of any material default in this agreement by the Lessee that is within the reasonable control
of the Lessee, the Lessor 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 Lessor shall be entitled to issue a written notice of
termination for cause with no less than thirty (30) days notice and all commissions outstanding shall be
payable to the Lessor within thirty (30) days from termination.
If the Agreement is terminated immediately, all outstanding monies shall be payable to the Lessor
within ten (10) business days following termination.
16. TERMINATION FOR CONVENIENCE
This agreement can be terminated by either party by giving notice, in writing, sixty (60) days prior to the
termination date or the expiration of the lease term. If this clause is invoked, all outstanding monies
shall be payable within thirty (30) days of termination. For the purposes of this agreement,
"convenience" shall include termination should the Town require the lands for other purposes including
development.
17. INTERPRETATION
The terms and provisions of the Agreement shall be in accordance with the laws of the Province of
Ontario.
18. 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.
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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
LSONBURG
STEPHEN MOLNAR
MAYOR DATE
DONNA WILSON
CLERK DATE
THELE~SEEn
y: 2;£ '"-15, deli., ~friJDY fl::.t.:l2, f ~~I)"'(...!MecWDe
I have the authority to bind the corporation
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PART I
I
PLAN41R-404f)
No. MO ><1110 ooo•• -0020
PART 2 PLAN 4/R-4048
I
APPENDIX A-"THE LANDS"
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6
2
N.-rR
2
I'LT.FL
PLAN 37 R · .35.2
PLAN OF SURVEY OF ~~~JE~~16Ws,~ORTH OF TALBOT ROAD (j£/)fiRAPHIC TOWNSHfP OF MIOOLETON M(JNICIPAUTY OF THE
TOWN OFTILLSONBURG COUNTY OF OXFORD
SCALE-lt~C~ • IOO;EET
KlM S. HUSTED O.LS.
1990
SURVEYOR'S CERTIFICATE
KIM HUSTED SURVEYING LTD.
ONTARIO LAND SURVEYOR
~0 FOX ALLEY, T!LLSONB\JRG ONTARIO, N40 3P4
PHONE' ~19 • 842· 3838 .,