HomeMy WebLinkAbout09 059 Temporary Access Agreement (1091711 Ontario Ltd.) By-Law
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e
TEMPORARY ACCESS AGREEMENT
Between
1091711 Ontario Ltd.
(the "Owner")
and
The Municipality of Kincardine
(the "Municipality")
WHEREAS the Owner warrants it is the owner of the lands for the Lands municipally
known in 2009 as 252 Harbour Street and legally described as Pt. Lots 1 & 2, Plan 61, Parts 1 &
2, Plan 33R-6535 (the "Lands");
AND WHEREAS the Municipality and the County of Bruce recently completed an
Environmental Assessment with respect to the replacement of the Huron Terrace Bridge (the
"Bridge") over the Penetangore River (the "River") which identified the need to construct a
temporary bridge over the River upstream of the Bridge during the reconstruction of the Bridge;
AND WHEREAS pedestrian access to the temporary bridge can only occur across the
Lands;
AND WHEREAS the Owner has agreed to permit such access subject to the terms and
conditions of this Agreement;
NOW THEREFORE in consideration of the payment to the Owner by the Municipality of the
sum of two ($2.00) dollars in Canadian currency (the receipt and sufficiency of which is hereby
acknowledged) and for other consideration as set out in the terms and conditions of this
Agreement, the parties agree as follows:
1. Right of Entry. During the term of this Agreement the Municipality and members of the
general public shall have the right to cross over the Lands for the purpose of gaining access
to the existing wooden staircase located on the north river bank of the Penetangore River to
make the crossing over the temporary bridge, all as shown on Schedule "A" attached to and
forming a part of this Agreement.
2. Restoration. The Municipality shall repair, maintain and restore all affected areas of the
Lands to the condition existing immediately prior to the execution of this Agreement, or as
close thereto as is reasonably possible.
2
3. Indemnity. The Municipality will indemnify the Owner for any liability resulting from use
of the Lands by members of the public during the term of this Agreement for the purpose of
access to the temporary bridge except where such liability is the result of the negligent
conduct or omission of the Owner or any person over whom the Owner is at law
responsible.
4. Responsibility. The Owner accepts no responsibility for any losses or damages which may
be incurred by members of the public as a result of accessing the Lands during the Term of
this Agreement except where such damage or loss is the result of the negligent conduct or
omission of the Owner or any person over whom the Owner is at law responsible.
4. Term of the Agreement. The term of this Agreement shall commence on the date of
execution and continue to December 31, 2009 (the "Term"), unless terminated earlier by the
Municipality in writing. Should the Municipality require an extension of the Term, it shall
advise the Owner in writing of the new end date of the Term. The Owner shall not
unreasonably refuse to extend the Term.
5. Access Agreement. This signed Access Agreement was executed on this (o-HI day of
HC\,-\ (month), 2009.
In witness whereof the parties have below duly executed this Agreement.
1091711 Ontario Ltd:
Date
Municipality of Kincardine:
~~
V0~~ rf /0 1
Date I
John deRosenroll: Chief Administrative Officer
rY-\c( 1/ 10 '/
Date
30 ~ ~",-'2-~yd{f
3
~du\e 'A \ -m b.j bw lJD. :Jco9 - 05' Y
TEMPORARY ACCESS AGREEMENT
Between
1091711 Ontario Ltd.
(the "Owner")
and
The Municipality of Kincardine
(the "Municipality")
WHEREAS the Owner warrants it is the owner of the lands for the Lands municipally
known in 2009 as 252 Harbour Street and legally described as Pt. Lots I & 2, Plan 61, Parts I &
2, Plan 33R-6535 (the "Lands");
AND WHEREAS the Municipality and the County of Bruce recently completed an
Enviromnental Assessment with respect to the replacement of the Huron Terrace Bridge (the
"Bridge") over the Penetangore River (the "River") which identified the need to construct a
temporary bridge over the River upstream of the Bridge during the reconstruction of the Bridge;
AND WHEREAS pedestrian access to the temporary bridge can only occur across the
Lands;
AND WHEREAS the Owner has agreed to permit such access subject to the terms and
conditions of this Agreement;
NOW THEREFORE in consideration of the payment to the Owner by the Municipality ofthe
sum of two ($2.00) dollars in Canadian currency (the receipt and sufficiency of which is hereby
acknowledged) and for other consideration as set out in the terms and conditions of this
Agreement, the parties agree as follows:
1. Right of Entry. During the term of this Agreement the Municipality and members of the
general public shall have the right to cross over the Lands for the purpose of gaining access
to the existing wooden staircase located on the north river bank of the Penetangore River to
make the crossing over the temporary bridge, all as shown on Schedule "A" attached to and
forming a part of this Agreement.
2. Restoration. The Municipality shall repair, maintain and restore all affected areas of the
Lands to the condition existing immediately prior to the execution of this Agreement, or as
close thereto as is reasonably possible.
2
3. Indemnity. The Municipality will indemnify the Owner for any liability resulting from use
of the Lands by members of the public during the term of this Agreement for the purpose of
access to the temporary bridge except where such liability is the result of the negligent
conduct or omission of the Owner or any person over whom the Owner is at law
responsible.
4. Responsibility. The Owner accepts no responsibility for any losses or damages which may
be incurred by members of the public as a result of accessing the Lands during the Term of
this Agreement except where such damage or loss is the result of the negligent conduct or
omission of the Owner or any person over whom the Owner is at law responsible.
4. Term ofthe Agreement. The term of this Agreement shall commence on the date of
execution and continue to December 31, 2009 (the "Term"), unless terminated earlier by the
Municipality in writing. Should the Municipality require an extension of the Term, it shall
advise the Owner in writing of the new end date of the Term. The Owner shall not
unreasonably refuse to extend the Term.
5. Access Agreement. This signed Access Agreement was executed on this t9 -\h day of
--'=1af- (month), 2009.
In witness whereof the parties have below duly executed this Agreement.
J~
2,10;
!
dP ~4;
Municipalitv of Kincardine:
~~~
VI
Date ~
[//60,
I
John deRosenroll: Chief Administrative Officer
-S,-,"-~c..-?'~dJ
Date
('v\ C ,-(
I
ulo(
3