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1998-016 To Enter into a Licence Agreement between the Corporation of the Township of Oro-Medonte and D.R. Serra Enterprises Ltd. . . "....""". t> THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 98-16 Being a By-law to Enter into a Licence Agreement between The Corporation ofthe Township of Oro-Medonte and D.R. Serra Enterprises Ltd. WHEREAS the Municipal Act, R.S,O" 1990, c.MAS, Section 308,3, as amended, 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 tenns and conditions with respect thereto; AND WHEREAS the Licensee has requested pennission from the Municipality to install fibre optic and copper cable for a private communication system across lands owned by the Municipality; AND WHEREAS the Municipality is prepared to grant a Licence to pennit the installation and maintenance of a private communication system upon certain tenns 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 Schedu1e "A" attached hereto and fonning 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 18TH DAY OF FEBRUARY, 1998. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS ISTH DAY OF FEBRUARY, 1998. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ,1 1"~ /;; j: ."A_-. /.:;} ("...<':,~,," ':''' i Mayor, Ian Beard // / ::Z~:::~~,,',C~m /~.L,~,_ Clerk, Lynda Aiken LICENCE AGREEMENT THIS AGREEMENT made the 27th day of January, 1998 BETWEEN: THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE . hereinafter called the "Municipality" OF THE FIRST PART - and - D.R. SERRA ENTERPRISES LTD., a company incorporated under the laws of the Province of Ontario, having its registered office at 170 Commercial Ave., Box 55, Ajax, Ontario, LIS 3C2 hereinafter called the "Licensee" OF THE SECOND PART WHEREAS the Municipal Act, R.S.O. 1990, c.M.45, 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 fibre optic and copper cable for a private communication system across the Tract, for the benefit of those lands owned by the Licensee as described in Schedule "B" attached hereto (the "Benefitting Lands"); AND WHEREAS the Municipality is prepared to grant a Licence to permit the installation and maintenance of a private communication system serving the Benefitting 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 communication system consisting of buried fibre optic and copper cable within the Tract in the location shown on the sketch attached hereto as Schedule "C". 2. Commencement and Completion of Construction . The Licensee covenants and agrees that the construction of the private communication system 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 communication system, 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. 2 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. Emerqency 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 Licence (including legal and related costs), together with any and all costs or expenses incurred by the Municipality in completing any work upon the Tract required as a 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 Benefitting 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. 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 $5,000.00, 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 License). The balance of the deposit filed by the Licensee with the Municipality, if any, shall be returned to the Licensee upon the completion of construction of the private communication system, 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 Licence 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 of termination to the Licensee. The Licensee covenants, upon the termination of this Licence, to remove the private communication 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. , . 3 7. Indemnitv 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 Licence, 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: 170 Commercial Ave., Box 55, Ajax, Ontario, LIS 3C2 or such other address as the Municipality and the Licensee may respectively from 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 Assiqnment This Licence may not be assigned or transferred by the Licensee without the prior written consent of the Municipality. IN WITNESS WHEREOF the parties hereto have set their hands and seals D.R. SERRA ENTERPRISES LTD. Per: N~: / . r Title"' #<<MU( Is THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Per: n .r I' I,::::; (',('1;-"'-"1>' 1 ~/ , 1: \:.,.,- '-'~'~"- Ian Beard, Mayor // ( '-/ . i/;; Per: L7j,&- 11,,,,l.~ Lynda Aiken, Clerk cis , . 4 SCHEDULE "A" THE TRACT Part of the public highway known municipally as Forest Plain Road and more particularly described as Part of Lot 6 on Registrar's Complied Plan 1719 and part of Lot 13 on Registrar's Complied Plan 1720, as more particularly shown on the sketch attached hereto as Schedule "C n . . . , . . 5 SCHEDULE "B" BENEFITTING LANDS FIRSTLY: Part of Lot 21, Registrar's Complied plan 1719, designated as Part 1 on Plan 51R-5577. SECONDLY: Part of Lot 14, Registrar's Complied Plan 1720, designated as Parts 2 and 3 on Plan 51R-3315.