Body: Council Type: By-law Meeting: Regular Date: 2014 Collection: By-laws Municipality: South Frontenac
[View Document (PDF)](/docs/south-frontenac/By-laws/2014 By-laws/2014-50 - Licence Agreement -Boston.pdf)
Document Text
TOWNSHIP OF SOUTH FRONTENAC BY-LAW NUMBER 2Q14-5Q
BEING A BY-LAW TO AUTHORIZE THE MAYOR AND THE CLERK TO EXECUTE A LICENCE AGREEMENT THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC AND RALPH EMERSON BOSTON.
WHEREAS a revised Licence Agreement has been prepared to the satisfaction of the
Township of South Fiontesnac and signed by the proponent;
NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUT FRCNTENAC BY ITS COUNCIL, HEREBY ENACTS AS FOLLOWS:
- THAT the Mayor and the Clerk are hereby authorized to execute a Licence Agreement between the Corporation of the Township of South Frontenac and Ralph Emerson Boston, a copy of which is attached hereto and forms part of this by-law.
THAT tins By-law and Agreement shall be registered on tide of the property described as Part of Lots 5 & 6, Concession XV, Storrmgton District, Township of South Froatenac.
THIS BY-LAW shall come into force and effect in accordance with section 28 of
Ifae Municipal Act 2001, either upon the date of passage or as otherwise provided by the said section 28. Dated at the Township of South Fronteaac this fifth day of August, 2014. Read a first and second time this fifth day of August, 2014.
Read a third time and finally passed this fifth day of August, 2014. THE CORPORATION OF THE HFRONTENAC TOWNSHIP
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Gary-Oavison, Mayor
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THIS LICENSE AGREEMENT made this ^0 day of August, 2014. BETWEEN:
RALPH EMERSON BOSTON Hereinafter called the “Owner” OF THE FIRST PART -and-
THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC Hereinafter called the “Municipality” OF THE SECOND PART
WHEREAS the Owner Is the registered owner in fee simple of certain lands located in the Township of South Frontenac more particularly described In Schedule “A” (the Owners’ Lands);
AND WHEREAS the Council of the Corporation of the Township of South Frontenac, by By-law IQIA-^O
has agreed to enter into a licence agreement with the Owner to provide vehlcular access along a !?ortio_^.af t?T TownshiP owned unmaintalned road, in concession XV, lot 5, District of Storrington,
Township of South Frontenac;
AND WHEREAS the agreement is a prerequisite to the issuance of building permit to the Owner for the Owner’s property in concession XV, lot 6, District of Storrlngton;
AND WHEREAS Section 28, (2)(a) of the Municipal Act, 2001, c. 25, gives local municipalities
jurisdiction over all road allowances located In the municipality; and whereas Council is authorized to license the use of untravelled portions of highways under Its jurisdiction; NOW THEREFORE WITNESSETH that in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the parties agree with each other as
follows:
- In this Agreement
a. “Licensee’s Property” means those lands owned by the Licensee described in Schedule “A” to this Agreement;
b. “Road Allowance” means that portion of the unopened road allowance described in Schedule “B” to this Agreement;
c. “Private Lane Standards” means the minimum standards specified on Schedule “C” to this Agreement.
- The Municipality grants to the Licensee a non-exclusive licence to use the Road Allowance for
the purpose ofvehicular access to and from the Licensee’s property. 3. The term of this Licence shall be from the date of this Agreement to December 31, 2014, and thereafter from year to year.
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Upon entering this Agreement, the Licensee shall pay the Municipality the sun of $10.00 and, prior to January 31 of each year thereafter, the further sum of $10.00 during the term of this Licence.
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The Licensee acknowledges that he has no rights, title or interest in the Road Allowance other than as provided in this Agreement.
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The Municipality may at any time require changes to this agreement by giving the Licensee a minimum of 60 days written notice.
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The Licensee covenants with the Municipality:
a. To accept the Road Allowance in an “as is” condition and not to require the Municipality to pay for or do any work or supply any equipment or services in connection with the Licensee’s use of the Road Allowance; b. To pay the Licence fee;
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^’ Y.°?.btain a" “ecessarY Permits and approvals required by law;
d- ^mor"ny^or(:ommenraanywork-ior”^^changes,nsurf3dng, gradeZlandscaping onthe Road Allowance except in accordance^th plans’and specifications submitted to and approved by the Municipality;
81 Lomeet,and maintamthe con.dltionsof the Township’s policy on existing private lane standards as outlined in Schedule “Bw to apply only when development^ proposed; f. To keep the Road Allowance only for the purpose of access to and from the Licensee
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Property and not to interfere, obstruct or impede in any waytheuse’ofthe Road Allowance by the Municipality or any other member of the public;
g. To use the Road Allowance only for the purpose of access to and from the Licensee
Property and not to interfere, obstruct or impede in any way the use of the Road Allowance by the Municipality or any other member of the public;
h. Not to assign or otherwise transfer this License without the prior written consent of the Municipality, which consent may be arbitrarily withheld;
i. To erect and maintain a sign at the point of intersection of the Road Allowance and the travelled road that states: “Road Not Assumed by Municipality”, but otherwise not to erect any signs, fences, buildings, structures or fixtures on the Road Allowance without the prior written consent of the Municipality;
j. To ensure that nothing is done or kept at or on the Road Allowance which is or may be nuisance, or carry on any activity or do anything else, which causes disturbance to or
interferes_with the users or occupants of any neighbouring property, or which in the opinion of the Municipality may cause damage to the road allowance or any neighbouring property;
k. To take, at the Licensee’s own expense, all measures necessary to ensure to the
Municipality’s satisfaction that any municipal services or utilities now or in the future
on, under or adjacent to the Road Allowance are or will be adequately protected against damage, impairment, destruction or loss;
I. To ensure that no inflammable or explosive substances, contaminants, pollutants, or
hazardous or environmentally sensitive materials are brought on to the Road Allowance, other than materials legally permitted on Township roads without special permit;
m. Upon failure by the Licensee to comply with any covenants or obligations imposed under this Agreement within 14 days written notice requiring such compliance from the Municipality, the Municipality may enter the Road Allowance and fulfill such covenant at
the sole expense of the Licensee, who shall forthwith upon being invoiced therefor, reimburse the Municipality for all of its costs;
n. That the Municipality has no obligation during the term of this licence to compensate or reimburse the Licensee for any costs or expenses incurred by the Licensee to improve or maintain the Road Allowance, all of which will be done for the benefit of the Licensee
and not the Municipality;
o. To indemnify and save harmless the Municipality from the against any and all manner of the claims, demands, losses, costs, charges, actions and other proceedings made or brought against, suffered by or imposed on the Municipality in respect of any loss, damage or injury to any person or property directly or indirectly arising out of, resulting from or sustained as a result of the Licensee’s occupation or use of the Road Allowance; p. To further indemnify and save harmless the Municipality from and against any and all claims, demands, losses, costs, charges, actions and other proceedings under the Construction Lien Act in connection with any work done for the Licensee at or on the Road Allowance, and to promptly attend at the Licensee’s expense to the removal of
every claim for lien or certificate of action having to do with such work within 14 days of being notified in writing by the Municipality to do so, failing which the Municipality may attend to such removal and recover the expense and all attendant costs from the Licensee;
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q. To maintain in force at all times during the term of this licence and any renewal thereof, at the Licensee’s expense and in the names of the Licensee and the Municipality/ coverage for legal liability for bodily injury, death or property damage in an amount of not less than two million dollars, and to provide the Municipality with proof of such th insurance no later than the 15Tn day of January each year upon request. 8. This Agreement shall be binding upon, and enure to the benefit of, the parties and their respective successors and assigns.
IN WITNESS WHEREOF the parties have executed this Agreement as at the date first set out above.
SIGNED/ SEALED AND DELIVERED IN THE PRESENCE OF THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC Per: / r?
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GaryDavison 7
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WayF?e^Tr( Cl^rk-Administrator
Licensee
Witness
SCHEDULE"A” THE OWNER’S LANDS
Township of South Frontenac, District of Storrington, Concession XV, Part Lot 5
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