HomeMy WebLinkAbout10 101 Licence of Occupation with Jane Synyder and Rodney Stewart MacGregor & Rebecca Susan and Edward Theodore Verwaayen By-Law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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14C /MLITY OF 10 a
B - LAW
NO. 2010 —101
BEING A BY -LAW TO AUTHORIZE THE SIGNING OF
A LICENCE OF OCCUPATION WITH
JANE SNYDER AND RODNEY STEWART MACGREGOR
& REBECCA SUSAN AND EDWARD THEODORE VERWAAYEN
WHEREAS Section 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as
• amended, provide that the powers of a municipality under this or any other Act
shall 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 has the
capacity, rights, powers and privileges of a natural person for the purpose of
exercising its authority under this or any other Act;
AND WHEREAS the Licensee is the owner of certain lands, more particularly
described as Part Lot 25, Concession `A', Roll #41 08 210 004 10700,
Municipality of Kincardine (geographic Township of Kincardine), County of Bruce
(the "Licensee's Lands ");
AND WHEREAS the Licensee has requested permission from the Municipality of
Kincardine to use those lands lying immediately to the West of the Licensee's
Lands more particularly described as Part Marine Allowance fronting Lot 25,
Concession 'A', Roll #41 08 210 004 10701 (Licensed Lands), so that they may
occupy use and enjoy such lands;
AND WHEREAS the Municipality of Kincardine wishes to enter into an agreement
• for a Licence of Occupation with Jane Snyder and Rodney Stewart MacGregor &
Rebecca Susan and Edward Theodore Verwaayen for the Licensed Lands;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the Municipality of Kincardine enter into a Licence of Occupation
Agreement with Jane Snyder and Rodney Stewart MacGregor & Rebecca
Susan and Edward Theodore Verwaayen for the use of Licensed Lands, in
accordance with the terms and conditions outlined in the agreement
attached hereto as Schedule 'A' and forming part of this by -law.
2. That the Mayor and Chief Administrative Officer be authorized and directed
to sign and execute, on behalf of The Corporation of the Municipality of
Kincardine, the Licence of Occupation Agreement and any other related
documentation with Jane Snyder and Rodney Stewart MacGregor &
Rebecca Susan and Edward Theodore Verwaayen which is attached hereto
as Schedule 'A' and to affix the corporate seal.
• 3. That the provisions provided herein supercede any by -laws which are
inconsistent with the provisions provided in this by -law.
Page 2
Licence of Occupation (MacGregor & Verwaayen) By -law"
By -law No. 2010 - 101
4. That this by -law shall come into full force and effect upon its final passage.
• 5. That this By -law may be cited as the "Licence of Occupation (MacGregor &
Verwaayen) By -law ".
READ a FIRST and SECOND TIME this 14 day of July, 2010.
Mayor . • ' Cler
1
READ a THIRD TIME and FINALLY PASSED this 14 day of July, 2010.
Mayor ratiouN Clerk 1
•
111
•
THIS AGREEMENT made as of the lL of JUI , 2010
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF
KINCARDINE
(hereinafter called the "Municipality ")
OF THE FIRST PART
-and -
Jane Snyder MacGregor
-and -
Rodney Stewart MacGregor
(hereinafter called the "Licensee ")
OF THE SECOND PART
WHEREAS the Licensee is the owner of certain lands, more particularly described as Part Lot
25, Concession `A', Roll # 41 08 210 004 10700, Municipality of Kincardine (geographic
Township of Kincardine), County of Bruce (the "Licensee's Lands ").
AND WHEREAS the Licensee has requested permission from the Municipality to use those
lands lying immediately to the West of the Licensee's Lands more particularly described as Part
Marine Allowance fronting Lot 25, Concession 'A', Roll # 41 08 210 004 10701(Licensed Lands)
so that they may occupy use and enjoy such lands;
NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the mutual
covenants and agreements hereinafter contained, and subject to the terms and conditions
hereinafter set out, the parties agree as follows:
1. The Municipality hereby grants to the Licensee (insofar as the Municipality
can legally do so) license and full permission and authority to enter upon,
possess, occupy, use and enjoy the Licensed Lands.
2. The Licensee agrees to pay annual property taxes levied against the Licensed
Lands for the term of the agreement.
3. The Licensee agrees to indemnify and hold harmless the Municipality from
and against all suits, judgments, claims, demands, expenses actions, causes
of action and losses and for any and all liability for damages to property and
injury to persons (including death) which the Municipality may incur, otherwise
than by reason of their own negligence or willful misconduct, as a result of or
arising out of or in relation to any breach of the terms of this Agreement, or the
Municipality's own negligence or willful misconduct.
4. The Licensee shall put in effect and maintain in its name, at its expense, all the
necessary insurance that would be considered appropriate for a prudent tenant
undertaking this type of operation for the period during which the Agreement is in
effect with insurers acceptable to the Municipality, including:
1. General Liability Insurance, for third party bodily injury, personal injury
and property damage to an inclusive limit of not less than Two Million
Dollars ($2,000,000.00) per occurrence. The policy shall include:
a) The Corporation of the Municipality of Kincardine as an additional
insured;
b) A thirty (30) day written notice of cancellation
2. The Licensee shall provide the Municipality with a valid Certificate of
Insurance as evidence of the above coverage upon signing the
Agreement. The Licensee shall provide the Municipality with any
renewal replacement certificates as may be necessary during the term of
the Agreement.
5. This License may be revoked at any time by the Municipality on 30 days notice
in writing to the Licensee.
6. The Construction of any structure, or works, on the Licensed Lands shall require
the consent, in writing, of the Municipality and the Municipality may, at any
time, require the removal of any structures on the Licensed Lands on 30 days
notice in writing to the Licensee.
7. Nothing herein shall be construed as giving the Licensee any more than
permission to use the Licensed Lands for better enjoyment of the lands.
8. Upon the occurrence of any of the following events, namely:
(a) the Licensee transfer the Licensees' Lands to a third party and this License is not
assigned or transferred contemporaneously therewith;
then this License is automatically terminated and the structures on the
Licensed Lands shall be removed.
9. The Municipality of Kincardine reserves the right to establish a public
walkway to ensure public access to the water front. The location of the
public walkway, if required, will be at the sole discretion of the Municipality
of Kincardine.
10. The term of this License shall expire:
(b) Twenty (20) years from the date of passage of this agreement, or provided that,
at the expiry of the term and at the Licensee's request, Council of the Municipality
may, at its discretion, extend the term for such period of time and on such terms
and conditions as it deems advisable.
11. This License shall not be assigned or transferred without the consent, in writing of the
Municipality and the payment of any fee required by the Municipality.
This Agreement shall enure to the benefit of and be binding upon the said parties hereto, their
heirs, executors, administrators, successors and assigns, respectively.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals.
SIGNED, SEALED and DELIVERED ) The Corporation of the Municipality of
in the presence of ) Kincar 'ne
Mayor - L r Kraemer
i - John de Rosenroll
d 'dnl'a ) /%itcevz)9 ( -z , 7ze- /T/10. 4 7 - V
Witness Date % )` Jan Snyder MacGregor) 4 g': to
Witness :ate Rodney Stewart MacGr — 4r Date
THIS AGREEMENT made as of the 2 day of F 2o4e'f3
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF
KINCARDINE
(hereinafter called the "Municipality ")
OF THE FIRST PART
-and -
Rebecca Susan Verwaayen
-and -
Edward Theodore Verwaayen
(hereinafter called the "Licensee ")
OF THE SECOND PART
WHEREAS the Licensee is the owner of certain lands, more particularly described as Part Lot
25, Concession 'A', Roll # 41 08 210 004 10600, Municipality of Kincardine (geographic
Township of Kincardine), County of Bruce (the "Licensee's Lands ").
AND WHEREAS the Licensee has requested permission from the Municipality to use those
lands lying immediately to the West of the Licensee's Lands more particularly described as Part
Marine Allowance fronting Lot 25, Concession 'A', Roll # 41 08 210 004 10500 (Licensed Lands)
so that they may occupy use and enjoy such lands;
NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the mutual
covenants and agreements hereinafter contained, and subject to the terms and conditions
hereinafter set out, the parties agree as follows:
1. The Municipality hereby grants to the Licensee (insofar as the Municipality
can legally do so) license and full permission and authority to enter upon,
possess, occupy, use and enjoy the Licensed Lands.
2. The Licensee agrees to pay annual property taxes levied against the Licensed
Lands for the term of the agreement.
3. The Licensee agrees to indemnify and hold harmless the Municipality from
and against all suits, judgments, claims, demands, expenses actions, causes
of action and losses and for any and all liability for damages to property and
injury to persons (including death) which the Municipality may incur, otherwise
than by reason of their own negligence or willful misconduct, as a result of or
arising out of or in relation to any breach of the terms of this Agreement, or the
Municipality's own negligence or willful misconduct.
4. The Licensee shall put in effect and maintain in its name, at its expense, all the
necessary insurance that would be considered appropriate for a prudent tenant
undertaking this type of operation for the period during which the Agreement is in
effect with insurers acceptable to the Municipality, including:
1. General Liability Insurance, for third party bodily injury, personal injury
and property damage to an inclusive limit of not less than Two Million
Dollars ($2,000,000.00) per occurrence. The policy shall include:
a) The Corporation of the Municipality of Kincardine as an additional
insured;
b) A thirty (30) day written notice of cancellation
�7 �r
2. The Licensee shall provide the Municipality with a valid Certificate of
Insurance as evidence of the above coverage upon signing the
Agreement. The Licensee shall provide the Municipality with any
renewal replacement certificates as may be necessary during the term of
the Agreement.
5. This License may be revoked at any time by the Municipality on 30 days notice
in writing to the Licensee.
6. The Construction of any structure, or works, on the Licensed Lands shall require
the consent, in writing, of the Municipality and the Municipality may, at any
time, require the removal of any structures on the Licensed Lands on 30 days
notice in writing to the Licensee.
7. Nothing herein shall be construed as giving the Licensee any more than
permission to use the Licensed Lands for better enjoyment of the lands.
8. Upon the occurrence of any of the following events, namely:
(a) the Licensee transfer the Licensees' Lands to a third party and this License is not
assigned or transferred contemporaneously therewith;
then this License is automatically terminated and the structures on the
Licensed Lands shall be removed.
9. The Municipality of Kincardine reserves the right to establish a public
walkway to ensure public access to the water front. The location of the
public walkway, if required, will be at the sole discretion of the Municipality
of Kincardine.
10. The term of this License shall expire:
(a) Twenty (20) years from the date of passage of this agreement, or provided that,
at the expiry of the term and at the Licensee's request, Council of the Municipality
may, at its discretion, extend the term for such period of time and on such terms
and conditions as it deems advisable.
11. This License shall not be assigned or transferred without the consent, in writing of the
Municipality and the payment of any fee required by the Municipality.
This Agreement shall enure to the benefit of and be binding upon the said parties hereto, their
heirs, executors, administrators, successors and assigns, respectively.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals.
SIGNED, SEALED and DELIVERED ) The Corporation of the Municipality of
in the presence of ) Kin . ine
)
)ea—' / _—
)May.
I * %p
) CAO - J.A,,, d0 Ruaa1j1u11 Ffc rry Clcar kG
3 /,o '
Witness Date ) Rebecca Susan erwaa -n Date
Witness Date ) E w T eodo aayen