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Home My WebLink About2008-197THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2008-197 Being a By-law to authorize the execution of an Agreement between the Corporation of the Municipality of Clarington and Lakeridge Health Corporation to authorize the use of Bowmanville Indoor Soccer and Garnet B. Rickard Recreation Complex for the purposes of operating a Cardiovascular Prevention and Rehabilitation Program. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, an Agreement between, Lakeridge Health Corporation, and said Corporation; and 2. THAT the agreement attached hereto as Schedule "A" form part of this BY-law. By-law read a first and second time this 10th day of November, 2008. By-law read a third time and finally passed this 10th day of November, 2008. Note to By-law 2008-197 Agreement has been extended for additional 12 month period. (As per Item 10 of Report #1 -October 4, 2010 - Report CSD-009-10) AGREEMENT This Agreement is effective as of the 1st day of December 2008 ("Effective Date"). BETWEEN: Municipality of Clarington ("MOC") - and - LAKERIDGE HEALTH CORPORATION ("LHC") a corporation incorporated under the laws of the Province of Ontario WHEREAS A) the MOC wishes to provide its space located at Bowmanville Indoor Soccer and the Garnet B. Rickard Recreation Complex (collectively the "Arena") to LHC for the purposes of operating the LHC Cardiovascular Prevention and Rehabilitation Program for the residents of Clarington; and B) LHC wishes to occupy the MOC's Arena on the terms and conditions set out in this Agreement; THEREFORE, in consideration of the premises and the mutual covenants and agreements herein, the parties agree as follows: The MOC shall provide to LHC, at no cost, the use of the "Arena" for three hours on each Thursday for the purposes of operating the LHC Cardiovascular Prevention and Rehabilitation Program (CPRP). The MOC shall provide its space located at Bowmanville Community Park from the Effective Date to June 27, 2009, and September 1, 2009 to June 28, 2010 and September 1 to November 30, 2010 respectively to LHC. The MOC shall also provide it's space located at the Garnet B. Rickard Recreation Complex in Bowmanville from June 28, 2009 to August 31, 2009 and June 29, 2010 to August 31, 2010. The Agreement may be renewed for an additional term of twelve (12) months provided that LHC requests such renewal in writing at least 30 days prior to the end of the Term and provided that both parties agree to the renewal in writing. ("Renewal Term"). 2. LHC agrees to operate the CPRP for the Term or any Renewal Term set out in section 1 of this Agreement. The CPRP shall consist of counseling, education, prescriptive exercise and risk factor lifestyle modification strategies. 3. Either party reserves the right to terminate this Agreement for any reason provided that the following notice is provided to the other party in writing: (i) if the termination occurs during the initial Term, at least 14 days written notice is provided to the other party; or Agreement Between 2 Municipality of Clarington And Lakeridge Health Corporation (ii) if the termination occurs during any Renewal Term, at least 30 days written notice is provided to the other party. 4. Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing its obligations if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions, wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected ("force majeure"). In the event that a force majeure should arise, the parties agree that the obligation to provide the CPRP may be suspended by either party until such time that the affected party determines it is reasonably able to fulfill its obligations. 5. LHC agrees to provide sufficient staff for the purpose of operating the CPRP as described in this Agreement. 6. The MOC shall maintain commercial general liability insurance in an amount of not less than flue million dollars ($5,000,000) per occurrence to protect it and LHC from any claims for damages, personal injury including death, and from claims for property damage caused by the negligence of the MOC, its servants, agents or employees related to or arising out of services other matters to which this Agreement pertains. This insurance coverage shall include, but not be limited to tenant's legal liability, non-owned automobile coverage, cross liability and severability of interest clause, third party bodily injury including death, property damage and personal injury. An original Certificate of Insurance shall be submitted to LHC and shall name Lakeridge Health Corporation as an Additional Insured. 7. The MOC agrees to indemnify and save LHC harmless from all losses, costs, expenses, judgments or damages for injuries caused to persons, or property, including death, arising from the negligence of the MOC, its servants, agents, or employees related to or arising out of the use of the Arena or other matters relating to this Agreement, including all legal expenses and costs incurred by LHC in defending any such claims. 8. The LHC shall maintain commercial general liability insurance in an amount of not less than five million dollars ($5,000,000) per occurrence to protect it and MOC from any claims for damages, personal injury including death, and from claims for property damage caused by the negligence of the LHC, its servants, agents or employees related to or arising out of services other matters to which t his Agreement pertains. This insurance coverage shall include, but not be limited to tenant's legal liability, non-owned automobile coverage, cross liability and severability of interest clause, third party bodily injury including death, property damage and personal injury. An original Certificate of Insurance shall be submitted to MOC and shall name The Municipality of Clarington as an Additional Insured. Agreement Between Municipality of Clarington And Lakeridge Health Corporation 9. LHC agrees to indemnify and save the MOC harmless from all losses, costs, expenses, judgments or damages for injuries caused to persons, or property, including death, arising from the negligence of LHC, its servants, agents, or employees related to or arising out of the use of the Arena, including all legal expenses and costs incurred by the MOC in defending any such claims. 10. This Agreement constitutes the entire agreement between the parties. No other statements, representations, warranties, undertakings or agreements made or purportedly made by or on behalf of either party or any of their directors, officers, agents, employees or other legal representatives, shall be binding upon them unless agreed to in writing by the parties. 11. This Agreement may be executed in counterparts, each of which shall be deemed to be an original and both of which together shall constitute one and the same instrument. 12. This Agreement shall be interpreted in accordance with the laws of the province of Ontario. 13. Any notices to be provided pursuant to this Agreement shall, unless otherwise agreed, be sent by registered or certified mail, by delivery or courier service, or by facsimile transmission (confirmed by subsequent first class postal transmission) and shall be sent: in the case of LHC to: Ms. Chris Kooy Vice President Clinical Programs & Chief Nursing Executive Lakeridge Health Corporation 1 Hospital Court Oshawa, ON L1G 2B9 Telephone: 905-576-8711 ext. 1461 Facsimile: 905-721-4763 in the case of Clarington to: Joseph P. Caruana Director of Community Services The Municipality of Clarington 40 Temperance St. Bowmanville, ON L1 C 3A6 Icaruana(o)clarington.net Agreement Between Municipality of Clarington And Lakeridge Health Corporation Telephone: 905-623-3379 Facsimile: Any notice sent by mail or delivery/courier service shall be deemed to have been received on the date of actual delivery. Any notice sent by facsimile transmission shall be deemed to have been received on the day it was actually sent. 4 IN WITNESS WHEREOF the parties have caused this Agreement to be executed by their duly authorized officers as of the date first written above. ,as M~Y@ oC Kevin Empey President and Chief Executive Officer Lakeridge Health Corporation L ~ Chris Kooy Vice President Clinical Programs & Chief Nursing Executive, Lakeridge Health Corporation .~~e S a Date ~GPL'.i')'I ~ ~, 0~00~ Date ~~J ,2 `~ 2 or31? Date %kNi9~ Z~`~~ Date MoC Agreement October 7, 2008 Municipality of Clarington