Appendix J
Management agreement

Please note, the following form is for educational purposes only.


RESERVE MANAGEMENT AGREEMENT

THIS AGREEMENT is

BETWEEN:

Landowner,

("Landowner")

AND:

The person identified in Schedule A to this Agreement as the Manager.

("Manager")

GIVEN THAT:

A. Landowner is the registered owner of the land legally described in Schedule A ("Reserve"),

B. The Reserve is held by Landowner for the purposes set out in Schedule B ("Reserve Purposes") and is generally known by the name contained in Schedule A, if any, and

C. The Manager wishes to manage the Reserve according to this Agreement and the Reserve Purposes, and also in a manner consistent with the policy of Landowner,

This Agreement is evidence that in consideration of payment of $2.00 by Landowner to the Manager (the receipt of which is acknowledged by the Manager), and in consideration of the promises exchanged below, Landowner and the Manager agree with each other as follows:

Grant of Licence

1. Landowner grants to the Manager the contractual licence to enter and be on, and the right to manage, the Reserve. The Manager agrees that this section does not grant to it any property right or interest in the Reserve and that the non-exclusive contractual licence created by this section is only for the purpose of enabling the Manager to perform this Agreement.

Management According to Management Plan

2. The Manager must manage the Reserve

    a) according to the management plan that forms Schedule C ("Management Plan"),

    b) in a manner that is consistent with the policy statement of Landowner,

    c) only for the Reserve Purposes, and

    d) subject to all applicable laws, statutes, bylaws, regulations, orders and directives, including under the Workers Compensation Act and the Occupiers Liability Act.

Term of this Agreement

3. This Agreement starts on the start date ("Start Date") set out in Schedule A and terminates on the termination date set out in Schedule A.

Revision of Management Plan

4. Before the 10th anniversary of the Start Date, the Manager must give Landowner a revised plan for management of the Reserve for the next 10 years. The revised plan must be consistent with the Reserve Purposes and may include changes to the Management Plan the Manager considers necessary or desirable to manage the Reserve according to the Reserve Purposes. Landowner must comment on the revised plan within 90 days after it is given to Landowner. Landowner may approve the revised plan as it was initially submitted to Landowner or require any changes Landowner considers necessary or desirable. The Manager must incorporate any changes to the revised plan required by Landowner and return it to Landowner for final approval no more than 30 days after it is returned to the Manager by Landowner. Once approved by Landowner, the revised plan becomes the Management Plan for the next 10 years. This section applies, with the necessary changes, to revision of the Management Plan after its first revision under this section.

Rules for Management

5. The Manager

    a) without affecting section 2(d), must comply with all laws, statutes, bylaws, regulations, orders and directives applicable to the Reserve,

    b) may not construct or install any permanent or temporary improvements, including, but not limited to, buildings or structures, on the Reserve unless

      i) the Management Plan expressly authorizes the works and the location and the extent of the works, or Landowner gives its prior written consent, and

      ii) written notices have been placed in at least two conspicuous places on the Reserve, before work begins and remaining until after work is completed, clearly stating that Landowner is not responsible for the improvements or the cost of services or materials for the improvements, and

    c) must not permit any nuisance to exist on or come from the Reserve.

Termination of Agreement

6. Despite section 3, this Agreement may be terminated

    a) by Landowner, if

      i) the Manager breaches this Agreement and fails to cure that breach within 15 days after Landowner gives notice to the Manager to do so,

      ii) the Manager is wound up, dissolved, or otherwise ceases to exist, or

      iii) Landowner gives the Manager at least 45 days' notice of termination, or

    b) by the Manager, if,

      i) the Manger requests permission to construct or install a permanent or temporary improvement, including a building, structure, trail or sign on the Reserve in order to enable the Manager to comply with applicable laws, statutes, bylaws, regulations, orders or directives including the Occupiers Liability Act and Landowner fails to provide the consent within 15 days after the Manager requests Landowner's consent; or,

      ii) the Manager gives Landowner at least 45 days' notice of termination.

Temporary Suspension of Management

7. Without affecting section 6, Landowner may give verbal or written notice to the Manager immediately suspending the Manager's contractual licence to enter and be on the Reserve and the Manager's right to manage the Reserve for up to 60 days if Landowner considers that any act proposed or undertaken by the Manager would be, or is, contrary to sections 2 or 5, or both.

Management Costs

8. Landowner is not obliged to remunerate the Manager, or provide financial or other assistance, in connection with management of the Reserve by the Manager. For clarity, the Manager is solely responsible to pay the costs connected with its performance of this Agreement.

Indemnity

9. The Manager must indemnify and hold harmless Landowner, its elected and appointed officials, employees and agents from and against any claim, right, remedy, action, cause of action, loss, damage, expense or liability incurred, suffered or asserted by any of them or anyone else, in connection with performance of this Agreement by the Manager, or its breach by the Manager, or connected with any negligence or other legal wrong of the Manager. Among other things, the release and indemnity under this section includes occupier's liability and builder's lien matters. For the purposes of the Occupier's Liability Act, all other enactments, and the common law, the Manager is, as between the Manager and Landowner, the sole occupier of the Land.

Landowner must indemnify and hold harmless the Manger, its elected and appointed officials, employees and agents from and against any claim, right, remedy, action, cause of action, loss, damage, expense or liability incurred, suffered, or asserted by any of them or anyone else, in connection with breach of this Agreement by Landowner, or connected with any negligence or other legal wrong of Landowner, or its officers, employees or agents.

Assignment

10. The Manager may not assign or sub-contract this Agreement.

Notice

11. Unless expressly provided otherwise in this Agreement, any notice, waiver or other communication which may be, or is required to be, given under this Agreement must be in writing and be delivered or sent by facsimile transmission addressed to the other party at the address or facsimile number for that party set out on page 1 of this Agreement, or to such other address or facsimile number of which notice has been given as provided in this section.

Any notice, waiver or other communication that is delivered is to be considered to have been given on the next business day after it is dispatched for delivery. Any notice, waiver or other communication that is sent by fax transmission is to be considered to have been given on the day it is sent, if that day is a business day, and if that day is not a business day, it is to be considered to have been given on the next business day after the date it is sent. If a party changes its address or facsimile number, or both, it must promptly give notice of its new address or facsimile number, or both, to the other party as provided in this section.

No Liability in Tort

12. The parties agree that this Agreement creates only contractual obligations. The parties agree that no tort obligations or liabilities of any kind exist between the parties in connection with the performance of, or any default under or in respect of, this Agreement. The intent of this section is to exclude tort liability of any kind and to limit the parties to their rights and remedies under the law of contract.

No Obligations on Board

13. The rights given to Landowner by this Agreement are permissive only and nothing in this Agreement imposes any duty of any kind on Landowner to anyone, or obliges Landowner to enforce this Agreement, to perform any act or to incur any expense for, any of the purposes set out in this Agreement. Where Landowner is required or permitted by this Agreement to form an opinion, exercise a discretion, make a determination or give its consent, the Manager agrees that Landowner is under no public law duty of fairness or natural justice in that regard and agrees that Landowner may do any of those things in the same manner as if it were a private party and not a public body.

No Effect On Laws or Powers

14. This Agreement does not affect or limit the discretion, rights, duties or powers of Landowner or the Manager under any enactment or at common law, or relieve the Manager from complying with any enactment, including in relation to the use of the Reserve.

Waiver

15. An alleged waiver of any breach of this Agreement is effective only if it is an express waiver in writing of the breach in respect of which the waiver is asserted. A waiver of a breach of this Agreement does not operate as a waiver of any other breach of this Agreement.

Severance

16. If any part of this Agreement is held to be invalid, illegal or unenforceable by a court having the jurisdiction to do so, that part is to be considered to have been severed from the rest of this Agreement and the rest of this Agreement remains in force unaffected by that holding or by the severance of that part.

No Other Agreements

17. This Agreement is the entire agreement between the parties regarding its subject.

Enurement

18. This Agreement binds the parties to it and their respective successors, heirs, executors and administrators.

As evidence of their agreement to be bound by the above terms, the parties each have executed and delivered this Agreement.

The Corporate Seal of LANDOWNER was        )
affixed in the presence of:                )
_________________________________          )
Authorized Signatory                       )
                                           )   C/S
                                           )
                                           )


Date executed by Landowner: ________________, 19___
Approved by resolution of Landowner on ________________, 19___.

                                           )
The Corporate Seal of MANAGER              )
         was affixed in the presence       )
of:                                        )
_________________________________          )
Authorized Signatory                       )   C/S
_________________________________          )
Authorized Signatory                       )
                                           )


Date executed by _______________: _______________, 19___
Approved by resolution of the board of directors of ___________
___________ on __________, 19 __.


SCHEDULE A

Name and Address of the Manager

Legal Description of Land

Name of Reserve (if any)

Start Date

This Agreement starts on _____________.

Termination Date

This Agreement terminates on _________.


SCHEDULE B

RESERVE PURPOSES


SCHEDULE C

MANAGEMENT PLAN






END OF DOCUMENT

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