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HomeMy WebLinkAbout2010-036THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2010-036 Being a By-law to authorize the execution by the Mayor and Clerk of an Agreement between the Corporation of the Municipality of Clarington and Kobes Nursery Wholesale Hampton, Ontario for the installation of the dry hydrant and drawing of water from pond at 6878 Regional Road 57, Hampton, Ontario. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. 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, a contract between, Kobes Nursery Wholesale Hampton, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this 12th day of April, 2010. By-law read a third time and finally passed this 12th day of April, 2010. - _ ~--~ "- ne for "Clerk ~ ,~ ~ AGREEMENT made this .21st day of April, 2010. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (Hereafter called the Municipality) - and - KOBES NURSERIES INC. (Hereafter called the Nursery) WHEREAS the Nursery hereby grants to the Municipality the right to install, maintain and utilize a dry hydrant system and draw water from the pond through the hydrant system as required and as located at the Kobes Nurseries Inc., 6878 Regional Road 57, Hampton, Ontario, from the date hereof, on the terms and conditions contained hereafter. The Municipality to pay $2.00 per annum of lawful money of Canada, to be due and payable upon execution of the agreement and on the anniversary of the agreement thereafter. Receipt of the amount of the rent is hereby acknowledged by the Nursery. 1. The Municipality covenants with the Nursery as follows: a) To pay rent. b) To provide proof of public liability insurance in the amount acceptable to the Director of Finance of the Municipality for its obligations in this agreement. c) To provide required maintenance of the hydrant. d) To refrain from erecting any permanent structure of whatever kind upon the adjacent land. e) To keep the property in clean and tidy condition and within reason, not permit objectionable materials of any kind to be accumulated during the permitted use. f) To permit the use of the fill station by the Nursery when not in use by the Emergency and Fire Services Department. 2. The Nursery covenants with the Municipality as follows: a) For quiet enjoyment. b) To permit the Municipality to make such improvements to the hydrant and the adjacent lands that they deem appropriate to accommodate accessing the hydrant at their cost and such improvements will be considered lease hold improvements and will become part of and remain with the lands. c) To permit the use of the driveway /access road by permitted Fire and Rescue equipment on an as required basis. - .... -. 3. a) .The Municipality of Clarington shall not be liable in any manner whatsoever for any loss, injury, or damage to person or property including loss of life, by whomsoever suffered, that in any way is connected to the establishment, use or the operation of property unless caused by the negligence or the wilful act of any employee or agent of the Municipality of Clarington, while acting within the scope of his or her employment or agency respectively. This provision shall survive the termination or expiry of this agreement. b) Kobes Nurseries Inc. shall be solely responsible for any claims which may arise during its use of the Dry Hydrant and hereby indemnifies and saves harmless the Municipality of and from all .claims, demands, actions and costs incidental thereto, that may be made or instituted by any person or persons with respect to damages or injuries that may be sustained to person or property arising out of the use of the Fill Station. 4. Either party may terminate this agreement by giving ninety (90) days notice in writing. 5, For the purposes of this agreement any notice or other document is required to be or may be given by the Nursery to the Municipality or by the Municipality to the Nursery under this agreement such notice shall be transmitted by telefax, mailed by first class prepaid mail or delivered to: Municipality of Clarington, 40 Temperance Street, Bowmanville, Ontario, L1C 3A6 Attention: Purchasing Manager If by telefax to: (905) 623-3330 Tel. 905 623-3379 Kobes Nurseries Inc. ~~. 4765 Old Scugog Road ~j~,y~vtPrlt~U-c.T~ -.~la-~tert, Ontario, L1C 3K2 Attention: Mr. Ben Kobes If by telefax to: (905) 263-4431 ` Tel. 905 263-8814 .~ 6. The Municipality will not be held responsible for any levies, taxes etc. for the use of the lands as described. 7. This agreement shall enure to the benefit of, and be binding upon, the Parties and their respective successors and assigns. THIS AGREEMENT IS EXECUTED ON BEHALF OF KOBES NURSERIES INC. by their authorized agent, this \~~n day of Q ~L 2010. THIS AGREEMENT IS EXECUTED ON BEHALF OF THE MUNICIPALITY OF CLARINGTON, under the seal of the Municipal Corporation and the hands of its officers duly qualified, this 21St day of April 2010. !"1- --- Jim