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HomeMy WebLinkAbout13 122 Inverhuron Gateway Sign Encroachment Agreement By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE „,, ,,,,„ KBT ' OF 1:10 BY -LAW NO. 2013 -122 BEING A BY -LAW TO AUTHORIZE THE SIGNING OF AN ENCROACHMENT AGREEMENT (3128 Bruce Road 15, Inverhuron) 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 Council of The Corporation of the Municipality of Kincardine has requested an encroachment for the purpose of locating a gateway sign for Inverhuron; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine, ENACTS as follows: 1. That The Corporation of the Municipality of Kincardine enter into an agreement with Ruby Alice Brown for an encroachment upon Park Pt Lot 4, known municipally as 3128 Bruce Road 15, Inverhuron (41 08 260 004 23300 ) and attached hereto as Schedule "A ". 1111 2. The encroachment includes a gateway sign, as outlined on the sketch attached to the agreement and shall be subject to the terms and conditions of the encroachment agreement attached as Schedule `A' to this by -law. 2. That the Mayor and CAO be authorized to execute, on behalf of the Council of The Corporation of the Municipality of Kincardine, the Encroachment Agreement with Ruby Alice Brown. 3. This by -law may be cited as the "Inverhuron Gateway Sign Encroachment Agreement By -law ". READ FIRST a - CO .' ime this 18 day of September, 2013. f /' A 1 . 4 Mayor UG }y Clerk REA THIRD time and F ALLY PASSED this 18 day of September, 2013. • Mayor 6►- Clerk This is Schedule "A___" to By-Law No.2 -12 passed the l S day of -t4°mk e( 201 ENCROACHMENT AGREEMENT THIS AGREEMENT made this lq day of p +erY , 2013 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE. (the "Licensee ") — and — Ruby Alice Brown Roll number: 41 08 260 004 23300 (the "Property Owner ") 1. The Property Owner of Park Pt Lot 4, known municipally as 3128 Bruce Road 15, Inverhuron, roll number 41 08 260 004 23300, situated in the Municipality, and more particularly described in Schedule "A" attached. 2. The Property Owner agrees to permit the Encroachment upon their property by the Licensee for the purpose of locating a gateway sign for the hamlet of Inverhuron. The concept drawing of the gateway is described as Schedule "B ". IN CONSIDERATION of other good and valuable consideration and the sum of $100.00 of lawful money of Canada now paid by the Licensee to the Property Owner (the receipt whereof is hereby acknowledged) the Property Owner grants, subject to the provisions set forth, to the Licensee, a Licence to permit the Encroachment upon the lands of the Property Owner, subject to the following provisions: 3. The term of this License shall expire after twenty five years and shall be registered on title. 4. The Licensee shall at its own cost, charge and expense and to the satisfaction of the Property Owner: (i) Keep and maintain the gateway sign in a good and proper state of repair and safety; (ii) Make no additions or modifications to the Encroachment which are not authorized or contemplated by this agreement. 5. The Licensee agrees to indemnify and hold harmless the Property Owner 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 Property Owner 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 Property Owner's own negligence or willful misconduct. 6. 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 Property Owner, 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 Property Owner as an additional insured; b) Cross liability c) Contractual liability d) A thirty (30) day written notice of cancellation. 2. The Licensee shall provide the Property Owner with a valid Certificate of Insurance as evidence of the above coverages upon signing the Agreement. The Licensee shall provide the Property Owner with any renewal replacement certificates as may be necessary during the term of the Agreement. 7. Where, in the opinion of the Property Owner or the Licensee, it is necessary to remove or alter the Encroachment or part thereof, the Licensee shall, at its own cost, charge and expense, and to the satisfaction of the Property Owner, alter or remove the Encroachment or any part thereof from the private property, and restore the affected area upon receiving notice in writing from the Property Owner to do, without being entitled to any compensation whatsoever for such alteration or removal and restoration. If the Licensee neglects, refuses or fails so to do within 90 days of receiving the aforesaid notice to alter or remove, then the Property Owner may alter the Encroachment or parts thereof from the privateproperty, as determined by the Property Owner at the cost, charge and expense of the Licensee and the certificate of the Property Owner as to the cost of such alteration or removal and restoration shall be final and binding upon the Licensee and the Property Owner may recover such costs from the Licensee. 8. Nothing contained herein shall be construed as giving to the Licensee anything more than permission to erect and maintain the Encroachment until such time as this agreement expires or is terminated or the removal of such Encroachment may be required as provided. 9. The parties acknowledge and agree that no length of time of, or enjoyment by the Licensee of the permission granted herein shall give any right, title or interest to the Licensee or its successors in title, of the private property or any right to maintain the proposed Encroachment upon the private property, or shall deprive the Property Owner by the operation of any limitation period or otherwise of any right to require the removal of the Encroachment or any restoration of the private property to the satisfaction of the Property Owner at the Licensee's expense. 10. 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 agreement, that the works formerly comprising such Encroachment shall be removed, at the Licensee's sole expense, so that they are located entirely off the private property and at such time, this agreement shall become null and void and be of no further effect. 11. The Property Owner covenants and agrees that the Licensee, and its respective officers, servants, workers, employees, agents and contractors under its control or supervision or any of them shall have the right from time to time and at all reasonable times during the currency of this agreement, to enter in and upon the lands described in Schedule "A" or any part thereof, with all necessary workers, plant, equipment and material for the purpose of inspecting, altering or removing the Encroachment from the private property in accordance with this agreement. Such inspection shall not free or relieve the Licensee in any way whatsoever from the liability under the covenant set out to keep and maintain the Encroachment in good and proper repair and condition. 12. The parties acknowledge and agree that this License does not in any way whatsoever diminish the rights of the Municipality, or any gas, telephone, telegraph, electric light or other public utility company, their respective officers, servants, workers, employees, agents and contractors, to enter at all times upon the private property for the purpose of constructing, repairing, maintaining, replacing or removing any sewers, mains, culverts, drains, water pipes, poles, wires or otherwise underground services and installations and appurtenances thereto. The Licensee shall not be entitled to any damages or compensation by reason of the exercise of the Municipality 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 the Municipality may direct pursuant to the exercise of the Municipality's or utility company's rights. 13. The Property Owner agrees that the Licensee may at a future date install solar lighting on the gateway sign at the Licensee's expense. 14. The Licensee agrees that for the purpose of this agreement, notice may be given to the Licensee by mailing the same, by prepaid registered mail, addressed to the Licensee at its address as last known to the Property Owner pursuant to the most recent revised assessment rolls. Such notice shall be deemed to have been received by the Licensee 7 days following the date when it was received by the post office. 15. The Licensee agrees to pay an annual fee of $100.00 during each calendar year of the term of this agreement to the Property Owner. 16. The Licensee shall, at all times during the life of this license agreement, be subject to all laws, by -laws and regulations now or hereinafter enacted, to all statues, orders and rules made or to be made by a lawfully constituted authority having jurisdiction therein. 17. This agreement and everything herein contained shall correspond with the lands described in Schedule "A" and be binding upon the parties, their heirs, executors, administrators, successors and assigns. 18. The approved site plan shall be the plan drawn by the Licensee and marked as Schedule B. This approved site plan shall be filed with the Municipality's Chief Administrative Officer. IN WITNESS WHEREOF the parties hereto have executed this agreement forming part of By -law No. 2013. �.. _4.. » � itness ate Ruby Alic :'Brown, Property Owner THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE • Per: SIPA i _ Car K! mer, ayor Per: Murray Clarke, CAO We have the authority to bind the Corporation.