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2021-113 By-law to Authorize the Execution of An Encroachment Agreement Between The Corporation of the Township of Or--Medonte and Allan Malcolm Ball and Bonna-Lynn Marie BallThe Corporation of the Township of Oro-Medonte By-law No. 2021-113 A By-law to Authorize the Execution of An Encroachment Agreement Between The Corporation of the Township of Oro-Medonte and Allan Malcolm Ball and Bonna-Lynn Marie Ball Whereas Council of the Township of Oro-Medonte did on the 19th day of May 1999, enact By-law No. 99-50, Being a By-law to provide a policy for encroachments on road allowances and municipally owned property; And Whereas the Township, pursuant to By-law No. 99-50, has granted permission to maintain the said Encroachment(s) upon the condition of entering into an Encroachment and License Agreement; And Whereas the Municipal Act, 2001,S.O. 2001, c.25, Section 224, as amended, states that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council; And Whereas the Council of The Corporation of the Township of Oro-Medonte deems it desirable to enter into an Encroachment and License Agreement with Allan Malcolm Ball and Bonna-Lynn Marie Ball; Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That the Mayor and Clerk be authorized to execute the Agreement attached hereto as Schedule "A" and forming part of this By -Law. 2. This by-law shall take effect on the final passing thereof. By-law read a First, Second and Third time, and Passed this 27th day of October, 2021. The Corporation of the Township of Oro-Medonte �T� Mp6r-, ./StH. uhes ClerkAvonne Aubichon Schedule I to By -Law No. Xa) - 113 Encroachment and License Agreement made this 27th day of October, 2021 Between: The Corporation of The Township Of Oro-Medonte (the "Township") Of The First Part - and - Allan Malcolm Ball Bonna-Lynn Marie Ball (the "Licensee's") Of The Second Part Whereas the Licensee's are the owner of certain lands and premises situated in the Township of Oro-Medonte, which lands are more particularly described in Schedule "A" attached hereto (the "Licensee's Lands). And Whereas the Township is the owner of the Road Allowance identified as (PIN 58521-0012 (LT)) (the "Township's Lands"); And Whereas the Owner's(s) shall install and maintain encroachments on the Township's Lands to the extent described in Schedule "B" attached hereto (hereinafter collectively referred to as "the Encroachment(s)"); And Whereas the Township, pursuant to By-law No. 99-50, being a By-law to Provide Policy for Encroachments on Road Allowances and Municipally Owned Property, has granted to the Owner's permission to install and maintain the said Encroachment(s) upon the condition that the Owner's enters into this Agreement, which the Owner's has agreed to do; Now Therefore This Agreement Witnesses that in consideration of the premises, and of the covenants and agreements hereinafter set forth and other good and valuable consideration, the receipt of whereof is hereby acknowledged, the parties agrees as follows: 1. NON-EXCLUSIVE LICENSE The Township hereby permits and consents to the Licensee's installation and maintenance of three (3) hydro poles and anchors on the Township's Lands as depicted in Schedule B hereto for the purpose of connecting electrical power to their dwelling located on the Licensee's Lands identified as PIN 58521-0034 (LT). This license is non-exclusive. 2. TERM This license is granted for a twenty-one year minus one day term subject to the termination provisions setout herein. 3. FEE The Licensee's shall pay to the Township an annual application fee as stipulated in the Township's current Fees and Charges Bylaw for Encroachment Agreements. The annual fee will be payable no later than the 1 st day of May in each year, and may be added to the tax roll for the Licensee's Lands, if required, by the Township. 4. INDEMNIFICATION The Licensee's covenants and agrees with the Township that the Licensee's will indemnify and save harmless the Township, its officers, servants, officials and agents from any claim or demand, loss, cost, charge or expense which the Township may incur or be liable for in consequence of the permission hereinbefore granted and/or the exercise by the Licensee's of such permission and/or the presence of the encroachment(s) or in any matter related thereto. The Licensee's further releases and forever discharges the Township, its officers, servants, officials and agents from any claim, demand, loss, cost, charge or expense which may arise as a result of the Township performing any municipal work in or upon the Township's Lands which may damage or interfere with the encroachment(s). 5. OBLIGATION TO MAINTAIN The License shall be responsible, at its own expense for the installation and maintenance of the said encroachment(s) in a good and proper state of repair. Whereupon the Licensee's determines that maintenance or repair is required the Licensee's agrees and acknowledges that it is required to satisfy all conditions thereof. 6. PUBLIC LIABILITY INSURANCE The Owner shall obtain and maintain public liability (personal injury and property damage) insurance covering the maintenance of the Encroachment(s) in the amount of at least Two Million Dollars ($2,000,000.00), naming the Township of Oro-Medonte as additional insured. The Owner will provide evidence of such insurance annually, to the Township no later than the 181 day of May in each year, naming the Township as an additional insured. 7. EMERGENCY Should the Licensee's fail or neglect in maintaining the encroachment(s) in a good and safe state of repair or the encroachment(s) presents an emergency situation, the Township may undertake such work as is necessary to rectify the situation and the cost of such work shall be at the sole expense of and constitute a debt of the Licensee's to the Township which may be added to the tax roll of the Licensee's Lands. 8. OTHER UTILITIES The Licensee's acknowledges that the location and presence of the encroachment(s) shall be subordinate to the construction of any and all other utility work over in or upon the Township's Lands, as may be required from time to time. The Licensee's shall not be entitled to any damages or compensation as a result of any relocation, disruption or destruction of the encroachment(s) by any authorized Utility provider. 9. EXPENSES TO BE PAID BY THE LICENSEE'S Every provision of this Agreement by which the Licensee's is obligated in any way shall be deemed to include the words "at the expense of the Licensee's" unless the context otherwise requires. The Licensee's shall pay such reasonable fees as may be invoiced to the Township by its Solicitor, its Planner, and its Municipal Engineer in connection with all work to be performed as a result of the provisions of this Agreement. All expenses for which demand for payment has been made by the Township, shall bear interest at the rate of 12% per annum commencing 30 days after demand is made. In the event that the Township finds it is necessary to engage the services of an engineer or technical personnel not permanently employed by the Township to review the encroachment(s) of the Licensee's and/or carry out on -site inspections of the work performed, the Township will advise the Licensee's accordingly of this need, and the costs of such outside engineers so engaged shall be the responsibility of the Licensee's. The Township may require a deposit for this purpose. 10.INTEREST IN LAND The Licensee's agrees that this Agreement creates a limited interest in the Township's Lands that is subject to the termination rights of the Township. The Licensee's hereby consents and authorizes the registration of notice of this agreement on title to the Licensee's Lands and consents that preparation and registration of same shall be borne by the Licensee's. 11.SERVICE All notices, consents, approvals or other communications permitted or required to be given under this Agreement (collectively "Notices") shall be in writing, shall not be unreasonably withheld or delayed unless otherwise specifically provided for in this Agreement, and shall be: personally delivered; sent by prepaid registered mail (except during a postal disruption or threatened postal disruption), or; sent by facsimile, in each case to the applicable address set out below: (i) in the case of the Township: 148 Line 7 South, Oro-Medonte, ON LOL 2E0 Attention: Clerk (ii) in the case of the Licensee's: 2404 Dunns Line, Coldwater, ON LOK 1 EO; or To the Address set out on the then current Assessment Roll for the Licensee's Lands (b) Any Notice shall be deemed to have been validly and effectively given and received: if personally delivered, on the date of delivery; if sent by prepaid registered mail, on the third (31d) business day next following the date of mailing, provided, however, that during any postal disruption or threatened postal disruption, delivery shall be in person; and if sent by facsimile, on the business day next following the day on which it was sent. (c) Either party under this Agreement may from time to time by Notice to the other party change its address for service under this Agreement. 12. TERMINATION This Agreement may be terminated by the Township as follows: (a) Discretionary - upon twelve (12) months' notice in writing by the Township that the Township requires use of the Township's Lands for municipal or servicing purposes as determined in its sole discretion; or (b) Default - upon default of the Licensee's of the terms of this agreement; as a condition precedent to giving such notice of termination the Township shall provide written notice of default and the Licensee's shall have fifteen (15) days from the date of the notice to remedy the identified default(s) to the satisfaction of the Township; where such default has not been remedied the Township may terminate the agreement as of a date specified in writing and require the Licensee's to remove the encroachment within a reasonable time. (c) Removal - upon the removal of the encroachment(s) and the restoration of the Township's Lands to a condition satisfactory to the Township. Remainder of Page Intentionally Blank 13.TOWNSHIP RIGHTS AND OBLIGATIONS Nothing in this Agreement derogates from, interferes with, or fetters the exercise by the Township of all of its rights and obligations as a municipality (whether discretionary or mandatory), or imposes any obligations on the Township in its role as a municipality, and the Township shall not be prevented from or prejudiced in carrying out its statutory rights and responsibilities, including its rights and responsibilities concerning its public highways. Nothing in this Agreement derogates from, interferes with, or fetters the exercise by the Township's officers, employees, agents, representatives or elected and appointed officials of all of their rights, or imposes any obligations on the Township's officers, employees, agents, representatives or elected and appointed officials, other than as expressly set out in this Agreement. 14.TRANSFERRABLE This Agreement shall be transferrable by the Owner, upon the approval of the Township which shall not be unreasonably withheld, provided that the transferee agrees to enter into a new Agreement with the same provisions and be bound by the Agreement. In Consideration Of the granting by the Township of such permission, the Licensee's hereby covenants and agrees with the Township as follows: In Witness Whereof the Township has caused to be affixed its corporate seal under the signatures of its duly authorized officers. `pw"S�t Q Executed at pca - i��rsl0 this a1 day of �,6Dkr The Corporation of The Township Of Oro-Medonte Per: 41 Name: . Hughe Title: Mayor Per: ' 0�L 6' Name: Yv ne Aubichon Title: Clerk I/We have authority to bind the Corporation. 2021. In Witness Whereof the Licensee's hereto has hereunto affixed its hand. Executed at (�—k\k&-,As Hess itness this 3- day of 2021. Allan Malcolm Ball ,,� R 4414.-" Bonna-Lynn Ball Schedule "A" Licensee's Lands CON 13 N PT LOT 14 (PIN 58521-0034 (LT)) Township's Land PIN 58521-0012 (LT) (Stage Coach Road) The Licensee's shall be permitted to install and maintain three (3) hydro poles and anchors on Township Lands (PIN 58521-0012 (LT)) for the purpose of connecting electricity to their dwelling at (PIN 58521-0034 (LT)). Schedule 61 F!Ad ti 7406iq�1 Stage Coach Road (PIN 58521-0012 (LT)) Licensee's property on both sides of Stage Coach Road (PIN 58521-0215 (LT)) and Dwelling located on (PIN 58521-0034 (LT))