HomeMy WebLinkAbout07 156 Lt45 Pl445 Licence of Occupation (Seunik)
.
.
.
.
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2007 - 156
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF
A LICENCE OF OCCUPATION WITH
LEZANNE MONTGOMERY SEUNIK IN TRUST
WHEREAS Section 8 (1) of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that the powers of a municipality under this or any other Act
shaH be interpreted broadly so as to confer broad authority on the municipality to
enable the municipality to govern its affairs as it considers appropriate and to
enhance the municipality's ability to respond to municipal issues
AND WHEREAS pursuant to the said Municipal Act, Section 9 provides that a
municipality has the capacity, rights, powers and priviieges of a natural person
for the purpose of exercising its authority under this or any other Act;
AND WHEREAS the Municipality of Kincardine wishes to enter into an
agreement for a Licence of Occupation with Lezanne Montgomery Seunik In
Trust for Lot 48, Plan 445 , in the Municipality of Kincardine (geographic
Township of Kincardine), County of Bruce;
NOW THEREFORE the Councii for The Corporation of the Municipality of
Kincardine ENACTS as foHows:
1. That the Mayor and CAO be authorized to sign, on behalf of The
Corporation of the Municipality of Kincardine, the Licence of
Occupation with Lezanne Montgomery Seunik In Trust, attached
hereto as Schedule "A".
2.
That this by-law shaH come into fuH force and effect upon its final
passage.
3. That this By-law may be cited as the "Lt 45, PI 445 Licence of
Occupation (Seunik) By-law".
READ a FIRST and SECOND TIME this 8th day of August, 2007
~~~
Clerk
Mayor
READ a THIRD TIME and FINALLY PASSED this 8th day of August, 2007.
~
Clerk
JUL~SI-m7 01,20PM
t
FROI.+-GEORGEDGRUEIZ1lER
---_.~
+51Q-3U~461T
".I.:l-~:;jO-:>qqb
loom P.OOUDOS F~9U3
T-ijqg P032/00S F-618
"
THIS AGREE;MENT made as oflha ,..h day of ~":!~, 2007
BETWEENo
mE CORPORATION OF THE MUNICIPAL TV OF
KINCARDINE
(hereinafter ea~ed the "Municipality")
OF THE F1RST PART
This is Schedule" ..LL " to By-Law
No,..)"'" J'i} passed the L day
~~_::7~
-andk
lEZANNE MONTGOMERY SEUNIK IN TRUST
(hereinafter called the "Lie&nseeM)
OF THE SECOND PART
WHEReAs the Licensee Is the PUn::haser of certain JandG} more tlarticuJarty described
as Lot 48., P~n 445, Township of Krncardine (now Munidpality of Kincardine), Count)f of
BrLIce (the ~Llcensee's I..ands").
AND WHEREAS the Uc:ensee has requested permissiorl from th8 Municipality to use
those lands tJejng that part of the original shoAl: road aUO\Vance lying imm9dU!ite/y to the
West of tt}e Ucensee's Land$: and between the Wester1y extensions of the Northerly
and $outherfy boundaries of the Lic:ensee's Lands, and having a fiontage at
approximately 55 feet, (the ~Licensed Lands"), so that they may occupy, use and enjoy
a cottage located th9reon;
NOW THEREFORE THiS AGREEMeNT WITNESSES that in consideration of the
mutual covenants and agteements hereinafWr (XIntlilned. and subject to the teml$ and
condItions hereinafter set out,. the partle$ agree a5 folJO'NS:
1. The MUnicipality hereby grants to the licensee (insofar as the Municipality
can legally do $0) licenae and full permi55ion and authority to enter upon,
poss~, occupy, use and enjoy the Licensed Lands.
2. The Ucensae will pay to the Munlclptdtty an aMual fee of $2.00.
3. Th6l Licens&e agl'$eS to indemnify and hoJQ f1arml"$ the MunjcIpali1y from
and against aU sl.lIt$, judgments. claims, demands, expen:ses actions, causes of
action ~nd Iosaes and for any and all liability for damages to property and injury
to persons (including death) which the Ml.Inicipa.lity may inCl.lr, otherwise tflaf'l by
reason of thlliir own negligence or willful misconduct, .as a result of or iiII'ising out
of or in refation to any breaQh of the tenns oftnls Agreement. -Df the Municipality's
own negligenoo or willful misconduct.
4. The Licensee shaH put in et'feet and maintain in its name, at its expense,
aU the necessaty insurance that would be considered appropriate for iii prudent
tenant under1aking this type of operation for the period during which the
Agreement is in ~with insu~f5 acceptable to the Municipality, induding:
1. GeneralliabDity Insurance, tor third party bodily injury. pel"$onal injUfY and
property dam~e to an indusive limit of not leu than Two Million Dollars
($2,000,000.00) per occurrence. ifle policy shell include:
a) The Corporation of fhs Munic:;ipality of J(jncatdlne as an additional
Insured.;
b) Ct0S6 liability
0) Contents covere.ge on a replacement cost basis for aU property
owned by the LiCBl'lSQQ and located on this property
d} A thirty (30) day written notice of canceJlatiOll
2. The Lk;ensee shall provide the Municipality with a valid Certificate of
Insurance as evldence of the above coverag/iS upon $iQning the
Agreement The Wceosee shall provide the Municipality with any renewal
JtlI.-81-l001 Ol:W\I fKlJM-lCOJlGC 0 G~UETlNEft
+51a-881H511
J-4H P,DDalOU8 F-9D8
j-""il'i t'101Oi5'/Wllfs F-fi7S
--... ~~~ .....-=u
>'
"
replacement certificates as may be necessary during the term of the
Agreement.
5.
This Lice.... may be te1IOl<od at any time by the Muoiclpolily DO 30 days
I10tice ill WIiII"" to l!le L.icsnso&.
6.
The Construction of any struc:bJre. or WOrks, on the Licenced. Lands shaH
Nquire the consent, in writing, of the Municipality mnd the Munk:ipafity may. at
any time, require the removal or any struotures on the Ucenced lands (m 3D
days notice in writing to the Licensee.
Nothing hlltlejo shall be conatru:ed as 9lviOg the Ucensee any more than
permiisian to use the Uoert$$d Lands for better enjQyment of tile cottage.
Upon the OCCUrrence of any of the follOWing events. name.ly;
fa) ltle Ucensee transfer the lieensees' lands to a third party ilnd this
Licence is not assigned Of tmnsterred COfItemponsneously therewith;
(b) the cottage is removed or demolished; or
(e) the Licensee c::onstnJcts- a new dwelling on the Licensee's LandS;
then this Uoanse is automatically terminated and the structures on the Licensed
Lands ~II bEt removed.
9. The Munit;fpality of Kincardine reserves the right to wtablish a: public
walkway to ensure pLlblic access to the water front 7be location of the public
walkway, If required, wlU be at the sole disaetion of the Municipality of
KinCilrdine.
7.
8.
10. ThatElrm afthis Licence shall expire:
(i) Twenty (20) years fi"om the date of passage oftl'<<$. agreement" or provided
that, at the expiry of the tenn anet at the Ucensee's request, Council of the
Municipality may, at it6 discretion. extend the tenn for such peIiod of time
and' on SUQh tBnns and conditions as it deems advisable.
11. Thia Licence shall not be assigned Of transferred without the consent, in wrtting
ofihe Municipality and the payment of anyfee required by the MunicJpality,
This Agreement shalllBRure to the benefit of and be binding upon the said parties
hereto, their heirs, 8X8Ct.ltors, administratms, successors and assigns, respectively.
IN WITNESS WHEREOF the parties hereto have hereunto set thelr hands ancf seals.
SIGNED, SEALED and DELM!RJ;D
in the presence of