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HomeMy WebLinkAbout05 092 EN Agree Skingle/Tolman e e e e THE CORPORATION OF THE MUNICIPALITY OF KINCAIt-DINE BY-LAW NO. 2005 - 092 , I I I BEING A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT TO PERMIT AN ENCROACHMENT ONTO MUNICIPAL PRcþPERTY (169 Lake Street) I WHEREAS Section 9 (3) of The Municipal Act, 2001, S.O. ~001, c. 25, as amended, authorizes. municipalities to pass by-laws respecti~g matters and imposing conditions as a requirement for obtaining permits; , AND WHEREAS the Corporation of the Municipality of Kincardine has been requested to enter into an agreement to allow encroach men,s on municipal property. ! ¡ , , NOW THEREFORE the Corporation of the Municipality of Kinc~rdine ENACTS as follows: . 1. The owners of Lot 22, Plan 372, Townplot of Inverhuron, (Lrmer Township of Bruce) in the Municipality of Kincardine, know~ municipally as 169 Lake Street, is hereby allowed to maintain and use th~ portion of the encroachment upon municipal property subject to the Encrpachment Agreement attached to this by-law. , ! The encroachment is approximately 11 meters on the m~niciPal property and shall be subject to the terms and conditions of th encroachment agreement attached to this by-law. I That the Mayor and CAO be authorized to sign, on I behalf of The Municipality of Kincardine the Encroachment Agreem~nt with Robert Skingley and Virginia Tolman. . 2. 3. 4. This by-law may be cited as the ·SkingleyfTolman I Encroachment Agreement (169 Lake Street) By-law·. ¡ READ a FIRST, SECOND and THIRD time and FINALLY PASJED this 6th day of July, 2005. ~~ Mayor ' ~..:=- - ,jl". Clerk BETWEEN: ROBERT SKINGLEY VIRGINIA TOLMAN ENCROACHMENT~EEME~Œ THIS AGREEMENT made thiS~ day or¡;~ chedule "....f1.. "to ~ passed the tc::.. day 200S:" /() ot.- ~ 2005 (the "Licensee") - and - THE CORPORATION OF THE MUNICIPALITY OF KINCARDIN (the "Municipality") 1. The Licensee owns a cottage on Lot 22, Plan 372, T known municipally as 169 Lake Street, (former Township 4-014 situated in the Municipality of Kincardine. plot of Inverhuron, Bruce) Roll No. 26- 2. The Municipality owns the public highway a road allow Street, referred to as the "Road". 3. A framed cottage owned or controlled by the Licensee, ncroaches upon the Road a distance of approximately 11 metres, more parti larly shown on the sketch attached as Schedule "A" and referred to as the en oachment. 4. The Municipality agrees to permit the Encroachment to co tinue upon the Road on certain terms and conditions as set out. IN CONSIDERATION of other good and valuable conside tion and the sum of $2.00 of lawful money of Canada now paid by the Licensee to e Municipality (the receipt whereof is hereby acknowledged) the Municipality g nts, subject to the provisions set forth, to the Licensee, a Licence to permit the En roachment upon the lands of the Municipality, subject to the following provisions: 1. The term of this Licence shall expire on the earlier of: (i) One (1) year from the date of passage of this ag~ at the expiry of the term and at the Licensee's Municipality may, at its discretion, extend the term and on such terms and conditions as it deems advi ment, provided that, uest, Council of the such period of time ble; (ii) The date of removal of the Encroachment; or (iii) The date of the sale or transfer of the lands desc 'bed in paragraph 1 unless the Municipality at the request of the purch ser or transferee of the lands, approved an extension and assignment 0 this agreement and the purchaser or transferee has executed the exten ion and assignment agreement prepared by the Municipality. ...2/ < Skingley / Tolman Encroachment Agreeme levying a tax upon under or upon any e Municipality, the be levied in respect 2. In the event of the Municipality at any time enacting a by-I all encroachments of buildings or other structures over, highway, street, lane, road allowance or easement in Licensee shall pay forthwith on demand whatever tax ma of the Encroachment upon the municipal property. 3. The Licensee shall at its own cost, cha~e and expense a of the Municipality: to the satisfaction (i) Keep and maintain the Encroachment in a good and proper state of repair and safety; (ii) Make no additions or modifications to the Encroa ment which are not authorized or contemplated by this agreement; and (iii) Comply with such further and additional requi ments, as may be required by the Municipality, acting reasonably. 4. The Licensee shall at all times fully indemnify and save harmless the Municipality against all actions, suits, claims and deman s whatsoever which may be brought against or made upon the Municipality a from and against all loss, costs, damages, charges and expenses wha ver which may be incurred, sustained or paid by the Municipality for or by n of or on account of the permission hereby granted to the Licensee or e exercise by the Licensee of such permission or the erection and aintenance of the Encroachment and appurtenances thereto or anything i any matter relating thereto, and the Licensee hereby grants to the Munici ality full power and authority to settle any such actions, suits, claims or dema ds on such terms as the Municipality may deem advisable and the Licensee h reby covenants and agrees with the Municipality to forthwith pay to the Muni pality on demand all moneys paid by the Municipality in pursuance of any s settlement and also such sum as shall represent the reasonable costs of t e Municipality or its solicitors in defending or settling any such actions, suits, claims or demands, based on a solicitor and own client basis. 5. The Licensee covenants and agrees to provide the Municipality with a certificate of general liability insurance, on or befor execution of this agreement, covering the Licensee and the Municipality in respect of the lands subject to the Encroachment during the term of this greement and any extensions authorized by the Council of the Municipality to e extent of not less than $1,000,000.00 inclusive of all injuries or death to n and damage to property of others arising from anyone occurrence. The M nicipality is to be an added insured under the insurance policy. Without limitin the generality of the foregoing, such public liability insurance shall contain rovisions for cross- liability and severability of interests and further that th policy will not be changed or amended in any way or cancelled until 90 da after written notice of such change or cancellation shall have been given to Municipality. 6. Where, in the opinion of the Municipality, it is necessary t remove or alter the Encroachment or part thereof, the Licensee shall, at its n cost, cha~ and expense, and to the satisfaction of the Municipality, Iter or remove the Encroachment or any part thereof from the municipal pro , and restore the affected area upon receiving notice in writing from t Municipality to do, without being entitled to any compensation whatsoever t r such alteration or removal and restoration. If the Licensee neglects, refu or fails so to do within 90 days of receiving the aforesaid notice to alter r remove, then the Municipality may alter the Encroachment or parts the from the municipal property, as determined by the Municipality at the cost, ch ~ and expense of the Licensee and the certificate of the Municipality as 0 the cost of such alteration or removal and restoration shall be final an binding upon the Licensee and the Municipality may recover such costs fro the Licensee in like manner as taxes. ...3/ , Skingley 1 Tolman Encroachment Agreement 7. Nothing contained herein shall be construed as giving to t more than permission to erect and maintain the Encroach as this agreement expires or is terminated or the Encroachment may be required as provided. Licensee anything ent until such time removal of such 8. The parties acknowledge and agree that no length of time of, or enjoyment by the Licensee of the permission granted herein shall enure ,or give any right, title or interest to the Licensee or its successors in tit , of the municipal property or any right to maintain the proposed Encr chment upon the municipal property, or shall deprive the Municipality by e operation of any limitation period or otheMise of any right to require he removal of the Encroachment or any restoration of the municipal property 0 the satisfaction of the Municipality at the Licensee's expense. 9. The Licensee hereby covenants and agrees that at the time that the Encroachment is removed in whole or in part, or is in need of replacement, and in any event, upon the expiry or termination of this agree ent, that the wor1<s formerly comprising such Encroachment shall be remov ,at the Licensee's sole expense, so that they are located entirely off the muni 'pal property and at such time, this ag~nt shall become null and void a d be of no further effect. 10. The Licensee covenants and agrees that the Municipal' ,and its respective officers, servants, workers, employees, agents and contra rs under its control or supervision or any of them shall have the right from ti e to time and at all reasonable times during the currency of this agreement, t enter in and upon the lands described in paragraph 1 or any part thereof with all necessary wor1<ers, plant, equipment and material for the purpose of i specting, altering or removing the Encroachment from the municipal property in ccordance with this agreement. Such inspection shall not free or relieve the icensee in any way whatsoever from the liability under the covenant set out keep and maintain the Encroachment in good and proper repair and condition. 11. The parties acknowledge and agree that this Licence d s not in any way whatsoever diminish the rights of the Municipality, or ny gas, telephone, telegraph, electric light or other public utility company, thei respective officem, servants, wor1<ers, el1\ployees, agents and contractors, t enter at all times upon the municipaV property for the purpose of co tructing, repairing, maintaining, replacing. or removing any sewers, mains, c erts, drains, water pipes, poles, wires or otheMise unde~round services a d installations and appurtenances thereto. The Licensee shall not be entitl to any damages or compensation by reason of the exercise of the Municipal' or utility company's rights contained in this clause and the Licensee at its own expense shall carry out such alteration or removal of the Encroachment as t e Municipality may direct pursuant to the exercise of the Municipality's or utility pany's rights. 12. The Licensee agrees that any and all costs, sums and ex nses paid, incurred or sustained by the Municipality as herein provided shall f rm and constitute a cha~e or lien on the lands set out in paragraph 1, until fully paid. 13. The Licensee covenants and agrees not to assign or to tra sfer this agreement to any successor or assignee of the premises described in ragraph 1 without the consent of the Municipality and if such assignment is greed the Licensee will obtain from such successor or assignee a covena in favour of the Municipality that the successor or assignee will be bound b all of the terms and conditions of this agreement from and after the date 0 its assignment as aforesaid, it being the intention that the owner from time to me of the lands and premises described in paragraph 1 shall have the benefit of and be liable for performance of the obligations contained in this agreement. ...41 , , Skingley 1 Tolman Encroachment Agreement 14. The Licensee agrees that for the purpose of this agr nt, notice may be given to the Licensee by mailing the same, by prep id registered mail, addressed to the Licensee at its address as last know to the Municipality pursuant to the most recent revised assessment rolls. uch notice shall be deemed to have been received by the Licensee 7 days foil wing the date when it was handed to the post office. 15. The Licensee agrees to pay to the Municipality an annual t of $100.00 for the term of this agreement. The payment is to be made on the roperty tax bill. 16. The Licensee shall, at all times during the lite of this Ii nse agreement, be subject to all laws, by-laws and regulations now or herei after enacted, to all statutes, orders and rules made or to be made by a lawfully constituted authority having jurisdiction therein. 17. This agreement and everything herein contained shall run with the lands described in paragraph 1 and inure to the benefit of and binding upon the parties, their heirs, executors, administrators, successors a d assigns. 18. This agreement shall be read with all changes of gender 0 number required by the context. IN WITNESS WHEREOF the parties have set their hands and co by the hands of their respective officers duly authorized in that be 1/dr Jtn t;.~ ~c-~~, - Witness ~~~s/ ate .;z~/ö~ THE CORPORATION OF THE MUNICIPALITY OF KINCARDIN Per: Mayor - ~~ CAO .' '. . . ¡ SCHEDULE 'A I . LOT 22. PLAN 37 TOWNPLOT OF I RHURON FORMER TOWNSHIP OF BRUCE MUNICIPALITY OF KINCARDINE 1'1 ::.'5 r n p '"') :; g º- n :Y~ ~ ð" ::.'5 '-- c+ro n J>C+ CO c+ '"') 0 ro ro 3 ro ::.'5 c+ ~ ..... J\.) 0) o o o ,,0 "\'~ '0 ..... u 'j'l ·----7- "~ Î , r"l I . n I /. >. I ^ / _, / t;:; i "O),.J. o -.. o o o o . >. 0 _g c J\.)_...,~ I 0 -.-.... '.__. /0 -1/ ...... / /. , , / i .I / / f ./ / . ¡'f'1., l f·..····.... 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