HomeMy WebLinkAbout16 075 the kincardine agricultural society 2016 encroachment agreement (huron terrace and broadway street) by-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY -LAW
NO. 2016 - 075
BEING A BY -LAW TO PERMIT AN ENCROACHMENT ONTO
MUNICIPAL PROPERTY FOR THE INSTALLATION OF A DIRECTIONAL
SIGN AT THE INTERSECTION OFHURON TERRACE AND BROADWAY
STREET MUNICIPALITY OF KINCARDINE
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 been requested to enter into an agreement to allow an encroachment onto
municipal property to install a directional sign at the intersection of Huron Terrace
and Broadway Street;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That The Kincardine Agricultural Society, who operate a Seasonal
Farmers Market at Connaught Park, are hereby allowed to maintain and
use a portion of municipal property for the installation of a directional sign
at the intersection of Huron Terrace and Broadway Street, subject to the
Encroachment Agreement attached to this by -law as Schedule "A ".
• 2. That the directional signage described in the Encroachment Agreement be
exempt from the Sign By -law No. 2003 - 136 Section 2.14;
2. That the Mayor and Chief Administrative Officer be authorized and
directed to sign and execute, on behalf of the Council of The Corporation
of the Municipality of Kincardine, the Encroachment Agreement with The
Kincardine Agricultural Society and to affix the corporate seal of the
Municipality of Kincardine.
3. This by -law may be cited as the "The Kincardine Agricultural Society 2016
Encroachment Agreement (Huron Terrace and Broadway Street) By -law ".
READ a FIRST and SECOND TIME this 15th day of June, 2016.
READ a THIRD TIME and FINALLY PASSED this 15th day of June, 2016.
@cyAmck..tiat...9
• Mayor Clerk
This is Schedule " A " to By
No016 - 01S pass: d the 1 day
of L A ne 201G
ENCROACHMENT AGREEMENT
THIS AGREEMENT made this I'3 day of T Berme , 2016
BETWEEN:
Kincardine Agricultural Society
(the "Licensee ")
—and —
THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
(the "Municipality")
1. The Licensee runs a Seasonal Farmer's Market at Connaught Park being Plan
4 Lot 1 -4 Part 5 Broadway N/S Lot 1 -7; Mechanics SS Lot 1 -8 Mechanics
known geographically as 133 Broadway Street in the Municipality.
2. The Municipality owns the lands described Connaught Park being Plan 4 Lot 1-
4 Part 5 Broadway N/S Lot 1 -7; Mechanics SS Lot 1 -8 Mechanics known
geographically as 133 Broadway Street in the Municipality.
3. The Municipality owns the roads known as Huron Terrace and Broadway Street.
4. One directional sign is controlled by the Licensee; encroaches upon the
municipal property as shown on Schedule 'A'
5. The Municipality agrees to permit the Encroachment upon the municipal
property on certain terms and conditions as set out.
IN CONSIDERATION of other good and valuable consideration and the sum of
$2.00 of lawful money of Canada now paid by the Licensee to the Municipality (the
receipt whereof is hereby acknowledged) the Municipality grants, subject to the
provisions set forth, to the Licensee, a Licence to permit the Encroachment upon the
lands of the Municipality, subject to the following provisions:
1. The term of this Licence shall expire on the earlier of:
(i) Five (5) years from the date of passage of this agreement, 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;
(ii) The date of removal of the Encroachment; or
(iii) The date the Seasonal Farmer's Market ceases to exist.
2. In the event of the Municipality at any time enacting a by -law levying a tax upon
all Encroachments of buildings or other structures over, under or upon any
highway, street, lane, road allowance or easement in the Municipality, the
Licensee shall pay forthwith on demand whatever tax may be levied in respect
of the Encroachment upon the municipal property.
3. The Licensee shall at its own cost, charge and expense and to the satisfaction
of the Municipality:
(i) Cover all costs associated with sign purchase and installation.
(ii) Make no additions or modifications to the Encroachment which are not
authorized or contemplated by this agreement; and
(iii) Comply with such further and additional requirements, as may be
required by the Municipality, acting reasonably.
4. 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.
5. Where, in the opinion of the Municipality, it is necessary to remove or alter the
Encroachment or part thereof, the Licensee shall, receive notice in writing from
the Municipality without being entitled to any compensation whatsoever for such
alteration or removal and restoration.
6. Nothing contained herein shall be construed as giving to the Licensee anything
more than permission to maintain the Encroachment until such time as this
agreement expires or is terminated or the removal of such Encroachment may
be required as provided.
7. The parties acknowledge and agree that no length of time of, or enjoyment by
the Licensee of the permission granted herein shall ensure to, or give any right,
title or interest to the Licensee or its successors in title, of the municipal
property or any right to maintain the proposed Encroachment upon the
municipal property, or shall deprive the Municipality by the operation of any
limitation period or otherwise of any right to require the removal of the
Encroachment or any restoration of the municipal property to the satisfaction of
the Municipality at the Licensee's expense.
8. 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 municipal property and at
such time, this agreement shall become null and void and be of no further
effect.
9. The Licensee covenants and agrees that the Municipality, 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 municipal 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.
10. The Licensee covenants and agrees not to assign or to transfer this agreement
to any successor or assignee of the premises described in Schedule "A" without
the consent of the Municipality.
11. 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 Municipality.
Such notice shall be deemed to have been received by the Licensee 7 days
following the date when it was handed to the post office.
12. The Licensee agrees to pay to the Municipality prior to the execution of this
agreement, the sum of $140.00, being administration fees to the Municipality to
defray the cost of preparing and administering this agreement, and shall further
pay the municipality an annual fee of $100.00 during each calendar year of the
term of this agreement. The payment is to be made annually upon receipt of
invoice.
13. 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.
14. This agreement shall be read with all changes of gender or number required by
the context.
IN WITNESS WHEREOF the parties have set their hands and corporate seals attested
by the hands of their respective officers duly authorized in that behalf.
KINCARDINE AGRICULTURAL
SOCIETY
40Y-g---- o� /
Per. J � Dave C Treasurer Date
I have the authority to bind the
Corporation
THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
Per:
Anne Eadie, Mayor Date
Per:
Murray Clarke, CAO Date
We have the authority to bind the
Corporation.
Schedule `A'
To
Encroachment Agreement
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