Agreement between Lifecycles Project Society and Town of View Royal
The formal contract outlining duties and compensation for park maintenance and public education.
THIS AGREEMENT dated for reference the ___ day of ___, 2016.
BETWEEN:
LIFECYCLES PROJECT SOCIETY 808A Viewfield Rd Victoria, BC V9A 4V1 (hereinafter referred to as “Lifecycles”) OF THE FIRST PART
AND:
TOWN OF VIEW ROYAL A Town under the Community Charter 45 View Royal Avenue Victoria, B.C. V9B 1A6 (hereinafter referred to as the “Town”) OF THE SECOND PART
both of whom are sometimes herein referred to as the “Parties” and each of whom is a party to this Agreement.
WHEREAS:
A. Lifecycles is a society registered in British Columbia (Registration #104020329 RR0001) with its constitutional purpose being to cultivate awareness and initiate action on food, health and urban sustainability in Greater Victoria.
B. The Town is a town under the Community Charter and located within the boundaries of the Town of View Royal is a park named “Welland Legacy Park” which is located at 1215 Stancil Lane (the “Park”).
C. The Town and Lifecycles wish to partner in a project to develop and maintain the Park for public use and education and are entering into this Agreement to reflect the agreement between the two parties with respect to the short term development and maintenance of the Park.
D. Lifecycles and the Town wish to enter into this Agreement to formalize the arrangement between the two of them with respect to the Park.
NOW THEREFORE THIS AGREEMENT WITNESSES THAT in consideration of the premises and mutual covenants hereinafter contained, the parties agree and covenant as follows:
1. Recitals
1.1 The parties acknowledge and agree that the recitals to this Agreement are true and correct.
2. On-going Obligations of Lifecycles and the Town
2.1 During the period January 2016 to December 2020, Lifecycles agrees to undertake general maintenance of the Park which will include, but is not limited to, pruning and tree maintenance and care, programme coordination and implementation, liability insurance for the programmes to be run at the Park, and other general maintenance as required, and as is specifically set out on Schedule A attached. The Town agrees to compensate Lifecycles for this work in the amount of Thirteen Thousand, Three Hundred Dollars ($13,300.00) for the first year, with a 2% increase each subsequent year. The Town acknowledges that Lifecycles relies on partnership funding, and should there be a shortfall, the alteration of intended works may be required.
2.2 Lifecycles will have the opportunity to hold educational and outreach events and charge a fee, which would be discounted for Town residents. All events will be approved by the Director of Engineering prior to being offered to the public.
2.3 Lifecycles acknowledges and agrees that it shall not undertake any other additional maintenance work, not specified in this Agreement, without the prior written approval of the Town.
2.4 The Town agrees to be fully responsible for the cost of the water used for irrigation at the Park.
2.5 The parties acknowledge that there are a number of fruit trees at the Park, and Lifecycles agrees to be responsible for the health of all of the fruit trees located at the Park, but shall work in close consultation with the Town in doing so.
2.6 All maintenance work to be performed by Lifecycles must be done to the satisfaction of the Town.
2.7 Working closely with the Town, Lifecycles agrees to keep the local community, and in particular, the immediate neighbours of the Park, informed of any projects or planned activities that are to be undertaken at the Park.
2.8 Lifecycles will inform the Town of any media coverage, and work with the Town to develop messaging that is acceptable and clear.
2.9 Lifecycles will keep full liability insurance in place with respect to all the projects and activities to take place at the Park, and shall ensure that the Town is named as an additional insured, and shall provide the Town with proof of such insurance upon the execution of this Agreement, and then once annually thereafter, and at any other time if requested to do so by the Town.
2.10 Lifecycles will ensure that it has registered with Worksafe BC, and that is it fully in compliance with Worksafe BC regulations at all times, and shall provide the Town with proof of registration with Worksafe BC upon the execution of this Agreement, and then once annually thereafter, and at any other time if requested to do so by the Town.
3. Term of Agreement
3.1 The term of this Agreement shall be from January 2016 to December 2020, unless earlier terminated as set out herein.
3.2 This Agreement may be terminated by either party upon giving the other party six months written notice of termination.
3.3 This Agreement may be extended at any time during the term of this Agreement, provided such extension is mutually agreed upon by both parties in writing.
4. Notices
4.1 Any notice required or permitted to be given to either party must be delivered personally, or by commercial courier, to the other party as follows, and will be deemed to be received on the date of delivery:
To Lifecycles: Lifecycles Project Society 808A Viewfield Rd Victoria, BC V9A 4V1 Phone: 250-383-5800 Fax: 250-386-3449
To the Town: Chief Administrative Officer Town of View Royal 45 View Royal Avenue Victoria, B.C. V9B 1A6 Phone: 250-479-6800 Fax: 250-727-9551
5. Liability and Indemnity
5.1 Lifecycles shall at all times and does hereby indemnify, save harmless, release and forever discharge the Town from and against all manner of actions, causes of action, claims, debts, suits, damages, demands and promises, at law or in equity, whether known or unknown, including without limitation for injury to persons or property including death, of any person directly or indirectly arising or resulting from, or attributable to, any act, omission, negligence or default of Lifecycles in connection with or in consequence of this Agreement.
6. No Interest in Land
6.1 No part of the title in fee simple in the Park shall pass to or be vested in Lifecycles under or by virtue of this Agreement and the Town, including its invitees and the general public, may fully use and enjoy all of the Park together with Lifecycles, subject only to the rights and restrictions contained in this Agreement.
7. Amendment to this Agreement
7.1 No change or modification of this Agreement is valid unless it is in writing and signed by all parties.
8. Arbitration in the event of Dispute
8.1 Should there be a disagreement or dispute between the parties hereto with respect to this Agreement or the interpretation thereof, the same shall be referred to a single arbitrator pursuant to the Commercial Arbitration Act of British Columbia, and the determination of such arbitrator shall be final and binding upon the parties hereto.
9. General Provisions
9.1 This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, administrators, executors, successors and assigns as the case may be.
9.2 The provisions herein constitute the entire agreement between the parties, and supersedes all previous expectations, understandings, communications, representations and agreements whether verbal or written between the parties with respect to the subject matter herein.
9.3 If any provision of this Agreement is unenforceable or invalid for any reason whatsoever, such unenforceability or invalidity shall not affect the enforceability or validity of the remaining provisions of this Agreement and such provision shall be severable from the remainder of this Agreement.
9.4 Time shall be of the essence hereof.
9.5 This Agreement shall be governed by, and construed in accordance with, the law of the Province of British Columbia.
9.6 The headings in this Agreement form no part of this Agreement and shall be deemed to have been inserted for convenience only.
9.7 The parties agree to execute such further assurances and other documents and instruments and do such further and other things as may be necessary to implement and carry out the intent of this Agreement.
9.8 This Agreement may be signed in counterpart, and faxed or electronically transmitted signatures shall be deemed to be original signatures.
IN WITNESS WHEREOF the Parties have hereunto affixed their hands and seals on the day and year first above written.
Lifecycles Project Society by its authorized signator(ies):
Per: ___________________
Per: ___________________
TOWN OF VIEW ROYAL by its authorized signator(ies):
Per: ___________________
Per: ___________________
Document Images
(11)
