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1999-132 To Enter into a Licence Agreement between the Corporation of the Township of Oro-Medonte and Susan Bateman THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 99- 132 ~ Being a By-law to Enter into a Licence Agreement between The Corporation of the Township of Oro-Medonte and Susan Bateman WHEREAS the Municipal Act, R.S.O., 1990, c.MA5, Section 308.3, as amended, authorizes the Council of a Municipality by by-law to permit any person to place, install, maintain and use objects in, on, under or over highways under its jurisdiction, and to prescribe terms and conditions with respect thereto; AND WHEREAS the Licensee has requested permission from the Municipality to install a hydro line for a private use across lands owned by the Municipality; AND WHEREAS the Municipality is prepared to grant a Licence to permit the installation and maintenance of a private hydro line upon certain terms and conditions; NOW THEREFORE The Council ofthe Corporation of the Township ofOro-Medonte enacts as follows: 1. That the Mayor and Clerk be authorized to execute the Licence Agreement, shown as Schedule "A" attached hereto and forming part of this By-law. 2. That this By-law shall come into full force and effect on its final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 15th DAY OF December, 1999. BY-LAW READ A THIRD TIME AND FINALLY PASSED THISlstJi)AY OF DecEm1:>er, 1999. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ~ayor,IanBeard - Clerk, Lynda Aiken ~ e LICENCE AGREEMENT THIS AGREEMENT made the day of 1999. BETWEEN: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE hereinafter called the "Municipality" OF THE FIRST PART - and - SUSAN BATEMAN hereinafter called the "Licensee" OF THE SECOND PART WHEREAS the Municipal Act, R.S.a. 1990, c.MAS, Section 308.3 authorizes the Council of a Municipality by by-law to pennit any person to place, install, maintain and use objects in, on, under or over highways under its jurisdiction, and to prescribe terms and conditions with respect thereto; AND WHEREAS the Municipality is the owner of those lands described in Schedule "A" attached hereto (the "Tract"); AND WHEREAS the Licensee has requested pennission from the Municipality to install a hydro line for a private use, across the Tract, for the benefit of those lands owned by the Licensee as described in Schedule "B" attached hereto (the "Benefiting Lands"); AND WHEREAS the Municipality is prepared to grant a Licence to permit the installation and maintenance of a private hydro line serving the Benefiting Lands upon the terms and conditions hereinafter set forth; NOW THEREFORE WITNESSETH that in consideration of the mutual covenants herein contained, and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto agree with one another as follows: 1. Grant of Licence The Municipality does hereby grant onto the Licensee a licence to enter onto the tract to place, construct, maintain, inspect, alter and repair a private Hydro Line. . , 2. Commencement and Completion of Construction ~ The Licensee covenants and agrees that the construction of the private hydro line shall not commence, and no subsequent work shall be carried out on the Tract in connection with the maintenance, alteration or repair of the private hydro line, without the prior written approval of the Municipality. The Licensee further covenants that after the performance of any work on the Tract, it shall restore the surface of the Tract to the same condition as it was prior to the commencement of any such work, at the Licensee's sole cost. 3. No Obstruction of Traffic The Licensee covenants that it shall exercise its rights hereunder in such a n1anner that the flow of traffic along the Tract or adjacent municipal streets shall not be impeded or obstructed in any material way. 4. Emer2ency Situation If, in the opinion of the Municipality, there is an emergency situation arising as a result of any work undertaken on the Tract by the Licensee, its servants or agents, which requires immediate attention to avoid damage to private or public property or services owned by the Municipality, or to eliminate a potential hazard to persons, such work may be done immediately by the Municipality at the expense of the Licensee, but notice of the requirement for such works shall be given to the Licensee at the earliest possible time. 5. Costs and Expenses of the Municipality The Licensee acknowledges and agrees that it shall be responsible for all costs and expenses incurred by the Municipality in granting this License (including legal and related costs), together with any and all costs or expenses incurred by the result of the use or occupation of the Tract by the Licensee, whether as a result of default by the Licensee under the terms of this Agreement or otherwise. All such costs and expenses incurred by the Municipality shall be payable by the Licensee to the Municipality immediately upon written demand therefor, and all expenses for which demand for payment has been made by the Municipality shall bear interest at the rate of 12% per annum commencing 30 days after demand has been n1ade. In the default of payment by the Licensee, any cost or expense incurred by the Municipality in restoring the Tract to its former condition after the commencelnent of any work by the Licensee, or in enforcing the performance of anything required to be done by the Licensee under the terms of this Agreement, may be added to the tax roll for the Benefiting Lands and recovered in the like manner as municipal taxes, in accordance with the provisions of Sections 308.3(b) and 326 of the Municipal Act, R.S.O. 1990, c.MA5. e The Licensee agrees to file with the Municipality, on or before the date of execution of this Agreement by the Municipality, a deposit in the amount of $500.00, by cash, certified cheque or Letter of Credit, to be held as security to be applied by the Municipality against any cost or expenses incurred by the Municipality as contemplated above (including but not limited to legal and related expenses incurred in connection with the granting of this Licence). The balance of the deposit filed by the Licensee with the Municipality, if any, shall be returned to 2 ~ e . . the Licensee upon the completion of construction of the private hydro line, and the restoration of the Tract to its original condition, to the satisfaction of the Municipality . 6. Termination of Licence The Municipality shall have the right to terminate this License in the event of default in or breach of any term, condition or covenant of this Agreement by the Licensee by giving ten (l0) days written notice of termination to the Licensee. The Licensee covenants, upon the termination of this License, to remove the private hydro line system and all related works and appurtenances from the Tract, and to restore the Tract to its former condition, at the sole expense of the Licensee. 7. Indemnity The Licensee hereby agrees to indemnify and save harmless the Municipality, its agents, servants and employees, from all claims, demands, suits or actions, or claims for negligence or otherwise, including non-repair, which may be made or brought against the Municipality, its agents, servants and employees, by any person or persons using the Tract, arising out of the granting of this License, including the costs of defending such suits, actions or claims. 8. Notices All Notices to be given hereunder may be given by registered letter addressed to: Municipality at: P.O. Box 100, Oro, Ontario, LOL 2XO Licensee at: Susan Bateman, 688 Line 9 N, R.R., Shanty Bay On LOL 2LO or such other address as the Municipality and the Licensee may respectively frOl11 time to time designate in writing, and any such Notice shall be deemed to have been given to and received by the addressee three (3) days after the mailing thereof, postage prepaid and registered. 9. No Assi2nment This License may not be assigned or transferred by the Licensee without the prior written consent of the Municipality. 3 . e , . IN WITNESS WHEREOF the parties hereto have set their hands and seals: (LICENSEE'S NAME) Per: LIcensee THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Per: L ~"' f "". -,. k~.v. Ian Beard, Mayor . Per: Lynda Aiken, Clerk 4 - e SCHEDULE "A" THE TRACT Part of the public highway known municipally as Line 9 N and more particularly described as road allowance Con. 9, Part Lots 16 & 17, RP51R2726 Part 2, Township of Oro-Medonte (formerly Township of Oro), County of Simcoe. 5 - e . . SCHEDULE "B" BENEFITTING LANDS FIRSTLY: 688 Line 9 N SECONDLY: Con. 9, Part Lots 16 & 17 , RP51R2726 Part 2 Township of Oro-Medonte (formerly Township of Oro), County of Simcoe. 6