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3542-2021 Enter into a Lease Agreement (Garden of Hope)

3542-2021 Enter Into a Lease Agreement (Garden of Hope)

BEING A BY-LAW TO ENTER INTO A LEASE AGREEMENT

Passed by Council October 25, 2021.


 

CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NUMBER 3542-2021

BEING A BY-LAW TO ENTER INTO A LEASE AGREEMENT

WHEREAS the Municipal Act. 2001 c. 25 SO. 2001 section 8 allows for the Powers
of a Natural Person and those powers may include the entering into an agreement.

AND WHEREAS the Council of the Corporation of the Township of Augusta deems
it expedient to enter into a Lease Agreement with David Cybulski and Colleen O’Connell;

NOW THEREFORE the Council of the Township of Augusta hereby enacts as
follows that:

1. THAT the Clerk are hereby authorized to sign the Lease Agreement on behalf
of the Corporation of the Township of Augusta

2. THAT The Lease Agreement is hereby attached hereto as Schedule “A” and
forming part of this By-law.

3. THAT all other by-laws inconsistent herewith are hereby repealed.

4. That the provisions of this by-law are severable. If any provision, section or
word is held to be invalid or illegal, such invalidity or illegality shall not affect or
impair any of the remaining provisions, sections or words.

1. THAT this by-law come into full force and effect as of October 25, 2021.

Read a first and second time this 25 day of October 2021.

Read a third time and passed this 25 day of October 2021.

Signed by Mayor Doug Malanka and Clerk Annette Simonian.

 

Schedule A By-law 3542-2021

LEASE AGREEMENT

THIS AGREEMENT made this day of October, 2021 between THE CORPORATION
OF THE TOWNSHIP OF AUGUSTA, Landlord, and WILLIAM DAVID CYBULSKI and
COLLEEN O’CONNELL, adjacent land owners, to enter upon and use the following area
owned by the Township of Augusta legally described as Part of Lot 30, Concession 1,
Township of Augusta, Part 1 on 15R9698, sit PR109292 being PIN 68182-0405(LT);

The particulars of the Lease Agreement are as follows:

1. The Landlord may terminate this Agreement by written notice at any time on ten
(10) days’ notice.

2. This Agreement terminates on the death of the survivor of William David Cybulski
and/or Colleen O’Connell. This Agreement further terminates when William David
Cybulski and Colleen O’Connell no longer reside at the property.

3. This Agreement is nontransferrable.

4. This Agreement is the right to occupy this land, it is not exclusive, and the land
remains open to the public at all times. The Owners are permitted to use the
property for horticultural purposes and not any commercial activity. The Owners
are responsible and liable for any causes of action and agrees to hold the Landlord
harmless from any claim arising from its use, its invitees’ or agents’ use of this
property.

5. The Parties agree that this Agreement can be registered against the title to the
property.

THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
Per:
Signed by Annette Simonian
I have authority to bind the Corporation.

Witness signed by Mark McDonald                        William David Cybulski signed.

Witness signed by Mark McDonald                         Colleen O’Connell signed.