1999-077
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 99-77
Being a By-Jaw to Enter into a Licence Agreement between The Corporation oftbe Townsbip
of Oro-Medonte and John Baron
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
waterline for a private use across lands owned by the Municipality;
AND WHEREAS the Municipality is prepared to grant a Licence to permit the instaIlation and
maintenance of a private waterline upon certain terms and conditions;
NOW THEREFORE The Council of the 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 ofthis 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 21" DAY OF July, 1999.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 3rd DAY OF
NOVEMBER, 1999.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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Mayor, Ian Beard ,
Clerk, Lynda Aiken
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Schedule "A"
LICENCE AGREEMENT
THIS AGREEMENT made the / / day of Jt.VrZ8 1999.
BETWEEN:
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
hereinafter called the "Municipality"
OF THE FIRST PART
- and -
JCIIN BA.R(N
hereinafter called the "Licensee"
OF THE SECOND PART
WHEREAS the Municipal Act, R.S.O. 1990, c.MA5, Section 308.3 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 Municipality is the owner of those lands described in
Schedule "A" attached hereto (the "Tract");
AND WHEREAS the Licensee has requested permission from the Municipality to
install a waterline 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 waterline 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 waterline
consisting of 1" plastic line.
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2. Commencement and Completion of Construction
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The Licensee covenants and agrees that the construction of the private waterline
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 waterline,
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 manner
that the flow of traffic along the Tract or adjacent municipal streets shall not be
impeded or obstructed in any material way.
4. Emergencv 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 made.
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 commencement
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.M.45.
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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
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the Licensee upon the completion of construction of the private waterline, 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 (10) days written notice oftermination to the Licensee.
The Licensee covenants, upon the termination of this License, to remove the
private waterline 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 a1l 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 1XO
Licensee at: John Baron, 1197 Line 15 N, RR 1, Stn Main, Orillia, ON
L3V 6HZ
or such other address as the Municipality and the Licensee may respectively from
time to time designate in writing, and any such Notice sha1l 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 Assi~nment
This License may not be assigned or transferred by the Licensee without the prior
written consent of the Municipality.
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IN WITNESS WHEREOF the parties hereto have set their hands and seals:
(LICENSEE'S NAME)
Per:
~;j~
Llcent7'
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Per:
Per:
Ian
Lynda Aiken, Clerk
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SCHEDULE "A"
THE TRACT
Part of the public highway known municipally as Line 15 N and more particularly
described as road allowance between W.Pt. Lot 4, Conc. 2 and Pt. E Yz of Lot 4,
Con. 1 Township ofOro-Medonte (formerly Township of South Orillia), County
of Simcoe.
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SCHEDULE "B"
BENEFITTING LANDS
FIRSTLY: Con. 2 West Part Lot 4
SECONDLY: Con. 1 Part East Y2 Lot 4, Jackson Plan East Lot 11
Township ofOro-Medonte (formerly Township ofOri!lia), County of Simcoe.
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