2009-133 Agreement Between the Corporation of the Township of Oro-Medonte and Joseph Donald Bosse and Pauline Ann BosseTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2009-133
A By-law to Authorize the Execution of An Agreement Between the
The Corporation of the Township of Oro-Medonte and
Joseph Donald Bosse and Pauline Ann Bosse
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 policy for encroachments on road
allowances and municipally owned property;
AND WHEREAS Council of the Township of Oro-Medonte did enact By-law No. 2004-
119, as amended, being a By-law to Prohibit the Use of Motorized Vehicles on
Highways within the Township of Oro-Medonte;
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 Joseph
Donald Bosse and Pauline Ann Bosse;
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 AND SECOND TIME THIS 23RD DAY OF SEPTEMBER,
2009.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 23RD DAY OF
SEPTEMBER, 2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, . Hug s
A
Clerk. JTDidudlas Irwin
Schedule "A""to By-law No. 2009-133
September
ENCROACHMENT AND LICENSE AGREEMENT made this 23rd day of August,
2009.
BETWEEN:
THE CORPORATION OF
THE TOWNSHIP OF ORO-MEDONTE
(the "Township")
OF THE FIRST PART
- and -
JOSEPH DONALD BOSSE and
PAULINE ANN BOSSE
(the "Owner")
OF THE SECOND PART
WHEREAS the Owner is 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 "Owner's Lands");
AND WHEREAS the Township is the owner of the Road Allowance shown as Lakeshore
Promenade in accordance with Registered Plan 626, in the Township of Oro-Medonte
(the "Township's Lands");
AND WHEREAS the Owner maintains 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 as Council has exercised its option to close a Part of the Road
Allowance to vehicular traffic, and has passed By-law (#2004-119, as amended) being a
By-law to Prohibit the Use of Motorized Vehicles on Highways within the Township of
Oro-Medonte with respect to the lands upon which the said Encroachment(s) is located;
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 permission to maintain the said Encroachment(s) upon the
condition that the Owner enters into this Agreement, which the Owner has agreed to do;
NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the
premises, and of the covenants and agreements hereinafter contained on the part of the
Owner to be observed, fulfilled and performed, the Township hereby grants to the
Owner permission to maintain the said Encroachment(s) automatically terminating at
the earlier of:
(i) the date of removal of the Encroachment(s) from the Township's
Lands; or
(ii) the sale or transfer of the Owner's Lands; or
(iii) five (5) years from the date of execution of this Agreement.
1. In the event the Owner wishes to renew this Agreement upon the expiry of the
five (5) year term herein granted, the Owner may, provided he is not in default of
his obligations hereunder and upon sixty (60) days prior written notice to the
Township, apply to renew same, taking all necessary steps and paying all
appropriate fees in effect at the time to do so. Such Application shall be
considered in accordance with the Township's policies and practices in place at
that time.
Upon the sale or transfer of the Owner's Lands, the Owner shall forthwith notify
the Township in writing thereof and shall provide the Township with the name
and address of such Transferee or Purchaser who shall be required to enter into
a new Agreement with the Township (and which Agreement shall be in like form
and content as herein) and pay all appropriate fees as are required by the
Township in entering into such replacement Agreement. In the event the
Transferee or Purchaser fails to enter into a replacement Agreement with the
Township, the Encroachment(s) shall forthwith be removed by the Owner at his
sole expense; and failing which the Township may do so, and the Owner and
Purchaser or Transferee shall be jointly and severally liable to the Township for
the cost of demolition or removal. In no case shall this Agreement be assignable
by the Owner.
2. During the term of this Agreement, all open air structures located on the
Township's Lands remain subject to the public's right of access.
IN CONSIDERATION OF the granting by the Township of such permission, the Owner
hereby covenants and agrees with the Township as follows:
1. The Owner agrees to pay to the Township an annual 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 Owner's Lands, if required, by the Township.
2. The Owner shall, forthwith upon execution of this Agreement, provide the
Township with an independent Engineer's report as to the structural integrity of
the encroaching structure(s) to the satisfaction of the Township's Chief Building
Official. Such report shall include clear photographic evidence of the
Encroachment(s) identified thereon.
3. The Owner will at its own expense and to the satisfaction of the Township's Chief
Building Official, keep and maintain the said Encroachment(s) in good and proper
state of repair and will not make any related modifications to the
Encroachment(s), without first obtaining the consent of the Township, which
consent may be arbitrarily withheld. Should the Owner fail or neglect in
maintaining the Encroachment(s) in a good and safe state of repair to the
satisfaction of the Township's Chief Building Official, on thirty (30) days prior
written notice to the Owner, the Owner will, at its own expense, notwithstanding
any other provision in this Agreement, remove the said Encroachment(s) from
the Township's Lands, without being entitled to any compensation whatsoever for
such removal and the permission given herein for the maintenance of the
Encroachment(s) shall be revoked and shall be deemed at an end. If the
Encroachment(s) are not removed by the Owner as aforesaid, the Township may
do so, and the cost of demolition and removal shall be at the sole expense of the
Owner.
4. Nothing herein contained shall be construed as giving to the Owner anything
more than permission to maintain the said Encroachment(s) until such time as
the removal of such Encroachment(s) from the Township Lands. The Owner
agrees that under no circumstances shall additional Encroachment(s) be
constructed or placed on the Township's Lands.
5. The Owner hereby releases, waives and forever discharges the Township and its
respective agents, officials, servants, contractors, representatives, elected and
appointed officials, successors and assigns, of and from all claims, demands,
damages, costs, expenses, actions and causes of action, whether in law or
equity, in respect of death, injury, loss or damage to the person or any property
of the Owner howsoever caused, arising or to arise by reason of the permission
granted pursuant to this Agreement.
6. Notwithstanding any consent or approval given by the Township with respect to
any plans, specifications or other construction-related matters, the Township will
not be in any way liable for the design or construction of any structure, and the
party that has obtained the consent or approval of the Township shall be wholly
liable for such design and construction.
7. The Owner shall facilitate the construction of any and all utilities over or under
the said Encroachment(s), as may be required from time to time. The parties
acknowledge and agree that the permission granted in this Agreement does not
in any way whatsoever diminish the rights of the Township, 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 Encroachment(s) for the purpose of constructing, repairing,
maintaining, replacing or removing any sewers, mains, culverts, drains, water
pipes, gas pipes, poles, wires or other services and installations and
appurtenances thereto. The Owner shall not be entitled to any damages or
compensation as a result of the reasonable exercise of the Township's or utility
company's rights contained in this paragraph.
8. The Owner will from time to time and at all times hereafter will and truly save,
defend and keep harmless and fully indemnify the Township, its officers,
directors, servants, workers, employees, agents, and contractors, and any other
corporations, boards, commissions or bodies having utilities or services which
may in any manner be affected by the having utilities or services which may in
any manner be affected by the erection or maintenance of the said
Encroachment(s) and their respective officers, directors, servants, workers,
employees, agents, and contractors, from and against all actions, suits, claims
and demands whatsoever which may be brought against or made upon any or all
of them and from and against all loss, costs, charges, damages and expenses
whatsoever which may be sustained, incurred or paid by any or all of them,
regardless of whether or not they be parties hereto, for or by reason of or on
account of the granting by the Township to the Owner of the permission hereby
granted and/or the exercise by the Owner of such permission and/or the erection
and maintenance of the said Encroachment(s) and appurtenances thereto and/or
anything in any manner relating thereto should any such action, suit, claim or
demand be brought against or made upon the Township, or any of its officers,
servants, workers or employees, the Township may, upon written notice to the
Owner, and if not forbidden by the Owner within fourteen days thereafter, if the
Township shall see fit, compromise any such actions, suits, claims or demands
on such terms as the Township shall see fit, and the Owner shall thereupon
forthwith pay to the Township the sum or sums to be paid together with 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, but if the Owner
forbids such compromise within the said period, or if no such compromise be
effected, then the Owner may be made a party to such actions, suits, claims or
demands and will in every case fully indemnify the Township, its respective
officers, servants, workers or employees.
9. The construction, installation, occupation, operation and maintenance of the
Encroachment(s) shall comply with all applicable statutes, by-laws and
regulations including, but not limited to, the issuance of a building permit(s).
10. 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 named insured. The Owner will provide evidence of
such insurance annually, to the Township no later than the 1 st day of May in each
year, naming the Township as an additional named insured. In the event the
Owner's insurer is unable or unwilling to add the Township as an additional
named insured to the Owner's policy, the Township agrees to add the Owner as
an additional insured to its public liability policy, and any incurred premium,
surcharge or administration fee occasioned thereby shall be the responsibility of
and paid by the Owner in addition to those fees set out in paragraph 1.
11. In addition, all such sums and costs so paid, sustained or incurred by the
Township, as aforesaid, and all such annual fees, or further or other fees to be
paid by the Owner as set out herein, shall form and constitute a charge or lien on
the Owner's Lands until fully discharged by payment thereof and may be
collected in a like manner as taxes.
12. The Township, its officers, servants, workers, employees, agents and contractors
under its control or supervision 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
said lands or any part thereof, with all necessary workers, plant, equipment and
material for the purpose of inspecting the said Encroachment(s) provided that
such inspection shall not free or relieve the Owner in any way whatsoever from
the liability under the covenant hereinbefore set forth to keep and maintain the
said Encroachment(s) in good and proper repair and condition.
13. (a) 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, Box 100,
Oro, ON LOL 2X0
Attention: Clerk
(ii) in the case of the Owner:
Joseph Donald, Pauline Ann Bosse
746 Lakeshore Road, RR#2
Hawkestone, ON LOL 1 TO
(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 (3rd) 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 parry change its address for service under this Agreement.
14. 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
planning rights and responsibilities. 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.
15. This Agreement may be registered on title to the Owner's Lands and the cost of
preparation as stipulated in the Township's current Fees and Charges By-law as
the application fee for encroachment agreements, and registration of the same
shall be borne by the Owner.
16. This Agreement is not assignable by the Owner and shall not enure to the benefit
of the successor and assigns of the Owner.
IN WITNESS WHEREOF the Township has caused to be affixed its corporate seal
under the signatures of its duly authorized officers.
W' ness
EXECUTED at Qeb- M4ibJ E7 this 2--3 day of Z VV .
THE CORPORATION OF
THE TOWNSHIP OF ORO-MEDONTE
Per: v i
Name: H.S. ughes
Title: Mayor
Per:
Name: Dougl s rvv'
Title: Director o orporate Services/Clerk
I/We have authority to bind the Corporation.
IN WITNESS WHEREOF the Owner hereto has hereunto affixed its hand.
EXECUTED at &6-- day of
Wi ess Joseph Donald Bosse
Pauline Ann Bosse
SCHEDULE "A"
Owner's Lands
Lt 51 PI 626 Oro; Pt Lt 50 PI 626 Oro; Pt Lt 59 PI 626 Oro Pts 1 & 3, 51 R26973; Oro-
Medonte, 58561-0009 (LT),
Municipally known as 9 Myrtle Avenue.
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MYRTLE
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1
9 MYRTLE AVENUE
LAKE SIMCOE
0 5 10 20 30 40
Meters
SCHEDULE "B"
Township Lands
Part of the Lake Shore Promenade North-East of Owen Road, Registered Plan 626,
designated as Part 24, Plan 51 R-36152, (Geographic Township of Oro), Township of
Oro-Medonte, County of Simcoe, being Part of PIN #58561-0002(LT).
Existing Encroachments as approved by
Township of Oro-Medonte Chief Building Official
1. Stairs
2. Deck
As confirmed in the correspondence dated December 4, 2008, from
C.T. Strongman (on file) confirming the structures are in the
approximate position of the remains of a rotted wood deck as
shown on Plan of Survey 51 R-36152
designated as Part 24 thereon.
LRO # 51 Notice Receipted as SC772324 on 2009 10 06 at 11:05
The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 1 of 9
Properties
PIN 58561 - 0002 LT Affects Part of Prop
Description PT LAKE SHORE PROMENADE PL 626 ORO NE OF OWEN RD., BEING PT 24, PL
51 R-36152; ORO-MEDONTE
Address ORO-MEDONTE
Consideration
Consideration $ 2.00
Applicant(s)
The notice is based on or affects a valid and existing estate, right, interest or equity in land
Name THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Address for Service Box 100, Oro, ON LOL 2X0
This document is not authorized under Power of Attorney by this party.
This document is being authorized by•a municipal corporation Harry S. Hughes, Mayor and J. Douglas Irwin, Director of Corporate
Services/ Clerk.
Party To(s) Capacity Share
Name BOSSE, JOSEPH DONALD
Address for Service 9 Myrtle Ave.; Oro-Medonte, ON
This document is not authorized under Power of Attorney by this party.
Name BOSSE, PAULINE ANN
Address for Service 9 Myrtle Ave., Oro-Medonte, ON
This document is not authorized under Power of Attorney by this party.
Statements
Joint Tenants
Joint Tenants
This notice is pursuant to Section 71 of the Land Titles Act.
This notice is for an indeterminate period
Schedule: See Schedules
Signed By
Shirley Joy Partridge
Tel 705-790-2677
Fax 7054870257
168 Lakeshore Rd. W. RR#1
Oro Station
LOL 2EO
acting for First Signed 2009 10 06
Applicant(s)
Shirley Joy Partridge
Tel 705-790-2677
Fax 7054870257
168 Lakeshore Rd. W. RR#1
Oro Station LOL 2EO
acting for Last Signed 2009 10 07
Applicant(s)
I have the authority to sign and register the document on behalf of the Applicant(s).
LRO # 51 Notice
The applicant(s) hereby applies to the Land Registrar.
Receipted as SC772324 on 2009 10 06 at 11:05
yyyy mm dd Page 2 of 9
Submitted By
SHIRLEY PARTRIDGE REGISTRY SERVICES INC 168 Lakeshore Rd. W. RR#1 2009 10 07
Oro Station
LOL 2EO
Tel 705-790-2677
Fax 7054870257
Fees/Taxes/Payment
Statutory Registration Fee $60.00
Total Paid $60.00
File Number
Applicant Client File Number : 1-954
LRO # 51 Notice
The applicant(s) hereby applies to the Land Registrar.
Receipted as SC774159 on 2009 10 15 at 11:18
yyyy mm dd Page 1 of 9
Properties
PIN 58561 - 0009 LT
Description LT 51 PL 626 ORO; PT LT 50 PL 626 ORO; PT LT 59 PL 626 ORO PTS 1 & 3,
51R26973; ORO-MEDONTE
Address 9 MYRTLE AVENUE
ORO-MEDONTE
Consideration
Consideration $ 2.00
Applicant(s)
The notice is based on or affects a valid and existing estate, right, interest or equity in land
Name BOSSE, JOSEPH DONALD
Address for Service 9 Myrtle Ave., Oro-Medonte, ON
This document is not authorized under Power of Attorney by this party.
Name BOSSE, PAULINE ANN
Address for Service 9 Myrtle Avenue, Oro-Medonte, ON
This document is not authorized under Power of Attorney by this party.
Party To(s) Capacity Share
Name THE CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE
Address for Service Box 100, Oro, On LOL 2X0
This document is being authorized by a municipal corporation Harry S. Hughes, Mayor and J. Douglas Irwin, Director of Corporate
Services/Clerk.
This document is not authorized under Power of Attorney by this party.
Statements
This notice is pursuant to Section 71 of the Land Titles Act.
This notice is for an indeterminate period
Schedule: See Schedules
This document relates to registration no.(s)SC772324
Signed By
Shirley Joy Partridge
Tel 705-790-2677
Fax 7054870257
168 Lakeshore Rd. W. RR#1 acting for Signed
Oro Station Applicant(s)
LOL 2E0
I have the authority to sign and register the document on behalf of the Applicant(s).
Submitted By
SHIRLEY PARTRIDGE REGISTRY SERVICES INC
168 Lakeshore Rd. W. RR#1
Oro Station
LOL 2E0
2009 10 15
2009 10 15
Tel 705-790-2677
Fax 7054870257
LRO # 51 Notice Receipted as SC774159 on 2009 10 15 at 11:18
The applicant(s) hereby applies to the Land Registrar.
yyyy mm dd
Page 2 of 9
Fees/Taxes/Payment
Statutory Registration Fee $60.00
Total Paid $60.00
File Number
Applicant Client File Number : 1-954