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Home My WebLink AboutBRU 91 030 licence of occu Krik THE CORPORA'l'IOR OF THE TOWHSHIP OF BRUCE BY-LAW RO. 91-30 . BEING A BY-LAW to authorize a Licence of Occupation to Anne M. Kirk. WHEREAS the Township of Bruce is Street on Registered Plan 372, of Bruce (Inverhuron). the owner of Lot 33, and Lake in the Township of Bruce, County AND WHEREAS Anne M. Kirk is the owner of a frame cottage located partially on the said lot and street. AND WHEREAS pursuant to the Municipal Act, R.S.O. 1980, Chapter 302, Section 309, Paragraph 3, municipalities may pass by-laws permitting persons to maintain and use objects on highways under their jurisdiction. AND WHEREAS pursuant laws may be passed Corporation. to the said Municipal Act, Section 193, by- providing for the use of lands owned by the AND WHEREAS Anne M. Township of Bruce to present location. Kirk has requested permission from the continue the use of the said cottage in its NOW THEREFORE be it enacted by the Council of the Township of Bruce as follows: 1. That Anne M. Kirk be granted a licence to maintain the cottage located on Part of Lot 33, and Part of Lake street, Plan 372, in the Township of Bruce, County of Bruce (Inverhuron) subject to the provisions of the licence agreement attached hereto and forming part of this by-law. 2. That the said right is conditional on the final execution of this agreement by Anne M. Kirk. .' 3. That the Reeve and Clerk of the Township of Bruce are hereby authorized to execute the said agreement and affix the corporate seal as required. 4. That any person who contravenes any of the provisions of the agreement attached hereto is guilty of an offence and upon conviction by a court of competent jurisdiction is liable to a fine of not more than $2,000.00 recoverable pursuant to the provisions of the Provincial Offences Act of Ontario. --. THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 91-30 PAGE 2 By-law introduced and read a First time this TWENTY-FOURTH day of SEPTEMBER, 1991. By-law read a Second time this TWENTY-FOURTH day of SEPTEMBER, 1991. By-law read a Third time and finally passed, signed, sealed, and numbered 91-30 this TWENTY-FOURTH day of SEPTEMBER, 1991. ¡jl¿;flØ- CLERK REEVE -- ....... ~ ~. - - - S-EAÌi;~~/ ~. - / - - '-".- -~. .... -_/.--~-- '- . t'······· ~, 1 II I II 1 1¡ il it Ii !i I' il ;1 .' Ii :, II :1 ;¡ II " :! ~ i !I 'I II II Ii " ¡; II 'i This agreement made this 9th day of September, 1991. I! I' ; Ii BET WEE EN: ,i H " I THE CORPORATION OF 'I'HE '!'OWNSHJP OF BRUCE; (Hereinafter referred 'to as the "'!'ownship") OF 'I'IIE {i'IRS'I' PAR1' " Ii - and - i ¡, 'I I. 'I II I' ¡ il ,. ,I d " i! 'I I, , :Î I i! , 'I :1 , :: ANNE M. KIRK" of the City of Hamil ton, in '(',he Regional Municipality of Hamilton-Wentworth, (Hereinafter referred to as the "Licensee") OF 'l'HE SECOND PAR'!' WHEREAS the Township is the owner of Lot 33 and Lake Street on Registered Plan 372 in the Township of Bruce ( Inverhuron) . AND WHEREAS the Licensee is the owner of a frame cottage which is located partially on the said lot and street more or less as shown on the sketch attached as Schedule "A" to this agreement. AND WHEREAS the Township has issued from 'Ullletotime a licence of occupation to various owners of the said cottage. AND WHEREAS the Licensee has applied for permission from the Township to maintain the said cottage in its present location. NOW THEREFORE this agreement witnessed that in consideration of the premises and of the covenants and agreements hereinafter contained on the part of the Licensee to be observed, fulfilled and performed, the Township hereby grants to the Licensee (in so far as the Township can legally do so) permission to maintain the frame cottage as hereinbefore set out, as hereinafter agreed. And in consideration of the granUng of sllch permission, the Licensee hereby covenanL" and agr:cc,; with the Township as follows: II 1.(a) To pay to the 'l'own,;hip it) alllllldl I ¡"""",, I"" ul $300.00 for the permission to ilia Lntain LII" ex ¡,.: L ""] r r'iJlII" cottage on Lot 33 and Lake Street, Plan 37/., in the 'l'ownship of Bruce, County of Bruce. (b) The said licence fee shall be 101. Llw yeür cOllllllcncing October 1, 1991 and ending October 1, 1992, and shall be paid prior to October 1, 1991. 2. The Licensee covenants and agrees not to expand or in any way change the existing dimensions of the cot,tagc or to cause any further buildings, structu¡:'es OJ. other changes to the said lot or street without first obtaining the written permission of the Township. 3. The Licensee will always inu~'IHII i Ly duel keep indemnified the Township against all acUons, suit"" claims and demands which may be brought against or made upon the Township and against all loss, costs, damages charges or , 'I " 'I " !I !I " :1 I' , 1 , I I I II j I' i 1 , I I :1 II II II I' ' , i - ¿ - expenses whatsoever which may be incurred, sustained or paid by the Township in consequence of the encroachment over and upon the said Lot or Street or otherwise by reason of the exercise by the Licensee of the permission hereby granted to maintain the encroachment over and upon the said Lot and Street and the licensee hereby grants to the Township full power and authority to settle any such a<.:tiuus, suits, claims and demands on such terms as the Township Ißay deem advisable and hereby covenant and agree with the Township to pay to the Township on demand all moneys paid by the Township in pursuance of any such settlement and also such sum as shall represent the reasonable costs of the Township or its solicitor in defending or settling any such actions, suits, claims or demands. 4. Notwithstanding anything herein contained, the said cottage and improvements and associated property of the Licensee located on the said Lot and street or at any time located thereon, shall remain the property of the Licensee and be at the sole risk of the Licensee. The Township shall not be liable for any loss or damage thereto and however occurring and the Licensee releases the Township from all claims and demands in respect of such loss or damage. , II II , :; 5. (a) In the event of the Township at iluytime requil:'ing the said lot for municipal purposes or undertaking the construction, repair or maintenance of the said street, and in connection therewith, requiring the removal of the I cottage and other property of the Licensee, the Township ',I shall not be liable to pay any compensation whatsoever for or in respect to the cottage and other improvements or :¡ property of the Licensee. I I 1 il :! (b) The Licensee at her own cost and expense and to the satisfaction of the Township shal1 remove the said cottage from the lot and street provided no such removal shall be required without first terminating this agreement as hereinafter provided. ,I il , " I II 'I 6. In the event of the Township at allY time enacting a by-law levying an annual tax upon all encroachments or buildings or other structures upon or over any highway, street or lane, in the Township, the Licensee will pay forthwith on demand whatever annual t:ax lIIay be levied iu respect of the encroachment of the Licensee's building upon or over the said public highway (Lake Street). 7. The Licensee agrees that nothing herein shall prevent the Township from entering onto and usill< the "aid lot: and street for any valid municipal purposes as lIIay be r:cqllired from time to time. I , Ii I 8. This agreement is non- transferable by the Licensee without the written consent of the 'I'owuHlIip having been I first obtained. !i " I¡"I 9. That nothing herein contained shall be construed as giving the Licensee anything more than the permission I, (insofar as the Township can legally do so) to maintain the encroachment in its position as hereinbefore set out. 10.(a) It is acknowledged that this agreement exists on an annual basis commencing on the 1st day of October, 1991 and must be renewed for each and every year thereafter by resolution of the council of the Township of Bruce, upon application by the Licensee made in writing, prior to October 1st in each year. "I , i I I Ii Ii ¡ i " :1 '! " i , ;\ i I 'I " I, ¡I Ii Ii I! :;,,,,, '¡ , - 3 - (b) from upon Nothing contained herein changing the terms of this each request for renewal. shall prevell't the 'J'ownship licence from 1:ime to time, (c) Failure of the Township of Bl'uceto renew this agreement as provided shall result .in tlJ(, [:erminal:'ion of this agreement on the 1st day of October i.n the y(~ar such application for renewal was submitted by the Licensee. (d) In the event this licence is tenu.i,uated tlw T,icensee shall remove the building and other improvements and all other property and chattels located on the said lot and street by the 31st day of December in the year following the termination of this licence. (e) Failure to remove the said building and other property will allow the Township to demolish and remove them and the Licensee shall be responsible for and shall indemnify the Township for all costs, charges and expenses so paid or incurred by the Township as a result of the failure to comply with this agreement. 11. That for the purpose of this agn'Glllen t notice may be II given to the Licensee by mailing the same by prepaid II ordinary mail and addressed to the Licensee at her address ;! last known to the Clerk of the Township_ 'i il !i I, 12. The Licensee covenants and agrees not to register this agreement on the title to the said lot or street. 13. The Township may enforce any default of this agreement in a court of competent jurisdiction including but not limiting its right of action for breach of the agreement or enforcement of the by-law authorizing this agreement. I,] 14. That this agreement and everythiu'j herein contained " ¡i shall respectively enure to the benefit of and be binding " upon the parties hereto, their heirs, executors, administrators, successors and assigns respectively. In witness whereof ·the parties herEtu have executed this agreement. ! -- ','ION (W '['fIE 'I'OWNSHIP Per: I' ,I ,jJø~ CJ orJ, Per: ¡Signed, sealed and delivered in the presence of: Anne M:uKìrk---' 1I'I'he Licensee" ., . .. -. '-' --.. ,-I -:"""",t.J "..:I\J Twt .·L~N ."..J ~. lit .J'=-.V:- ,:'.j~()'..' ¡;.-hl-':...... .......- , \" ~~.:?;~ -\. ~ .~ " , ,I r , ';:2'::,:>' ~ , ) ,~: . . i , , , . \ ' ·r :'1":.~ " :', ..~ ..··.r .t-:\ " "'c,i' r ( ¡,{ },. " , ; ,- . ~ ," l I iI, \~,ò, .~ .~~' ~ ~' r .;J ,,:,,...,, . .'., ~~.~~ ~ ,. ,. ". .~~l -. '" .,.,.'-¡ \",.. ' .. .. t· .' ';~ ~i:....- - ;'." , ,i .1 .... ..' 1( .\r , .7\ J I '. '10- "': -~J" l~ ! :'1' ~. .c.. , '. Î .., ,', ,.u .. \ ~' , ' . ~ -', r~ ~ ì .. : ...:,....,...:.,... . -,'-;# :'í' :~;~'¥' .. ,.' ¡ ~ " j . \~ .. .~.;: " ? ··1·--.··· . ..~. ,,,J ; I~....: -':j'." .' . ; . "_J; _ ',," ). ·t. ' ~. l ' ; ", r:'Tð.~, ] Approximate location of frame cottage Schedule "A" to the Licence Agreement between the Corporation of the Township of Bruce and Anne M. Kirk dated the 9th dAy of September, 1991. is Schedule WAW to No. 91-30 passed 24th day of September, 1991. ~~ C erk