2016-166 Authorize the Execution of an Agreement with Shawn William Glassford and Tanya Kim SampsonThe Corporation of the Township of Oro-Medonte
By-law No. 2016-166
A By-law to Authorize the Execution of An Agreement Between
The Corporation of the Township of Oro-Medonte and
Shawn William Glassford and Tanya Kim Sampson
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 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 Shawn William
Glassford and Tanya Kim Sampson;
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 23rd day of
November, 2016.
The Corporation of the Township of Oro-Medonte
glas Irwin
Schedule A to By -Law No. U`�o ` W D
Encroachment and License Agreement made this QL
day of��wt , 2016.
Between:
The Corporation of
The Township Of Oro-Medonte
(the "Township")
Of The First Part
-and-
Shawn William Glassford
Tanya Kim Sampson
(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 lands 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 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 agrees that the Owner has the
right to exclusively use, possess and maintain the said Encroachment(s) but not
substantively expand nor change the character of the Encroachment(s) for a term of five
years, renewable for further five year terms, and for a total of 12 terms, provided that
the Township has not indicated any bona fide requirement at each five year interval that
the Encroachment (s) be removed.
In the event the Owner wishes to renew this Agreement upon the expiry of each
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.
During the term of this Agreement, and any renewal thereof, the Owner shall
have the exclusive use and possession of the Encroachment(s).
The Township agrees to provide reasonable signage indicating the private
nature of the Encroachment(s).
In Consideration Of the granting by the Township of such permission, the Owner
hereby covenants and agrees with the Township as follows:
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, retain a qualified
professional engineer to conduct a safety review of the Encroachment(s) and
undertake any necessary repairs, as required by the review, to the reasonable
satisfaction of the Township. The Owner shall provide the Township with a copy
of the safety review and proof that the necessary repairs were undertaken.
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 shall not be unreasonably 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. The Owner shall have the right to store the Temporary Encroachment(s)
identified at Schedule "B" of this Agreement on the Promenade, at the Owner's
risk, and the Temporary Encroachment(s) shall be stored in such a way that
same does not impede public access along the Promenade and does not create
or pose a safety hazard to the public. The Township shall have the right to
inspect the Encroachment(s) stored on the Promenade, to ensure that such
storage does not pose a safety hazard to the public or impede access along the
Promenade.
5. The Township or its officials shall not be liable for any damage caused to any of
the Temporary Encroachment(s) while being stored on the Promenade or injury
to the public caused by same, unless same is caused by the negligence of the
Township or its officials.
6. The Owner shall have the rights to maintain, in their present location, any Sub -
Surface Infrastructure (without limiting the generality of this provision), such as
waterlines, electrical cabling, etc. in place at the time of the execution of and
identified at Schedule "B" this Agreement, and shall be entitled to maintain same,
provided that the Owner undertakes to return the Promenade to its pre -
construction state after any maintenance has been completed, and that same
may be removed or relocated, should the Township reasonably require same for
work that needs to be completed on the Promenade.
7. 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.
8. 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.
9. 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 anyway 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.
10. 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, provided that the Encroachment(s) is returned to its pre -
construction state after any maintenance has been completed. 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.
11. 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.
12. 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).
13. 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 1St day of May in each year,
naming the Township as an additional insured. In the event the Owner's insurer
is unable or unwilling to add the Township as an additional 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.
14. 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.
15. 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.
16. (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 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 Owner:
[Insert Address as set out in the latest Assessment Roll]
(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 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.
17. 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.
18. This Agreement shall be registered on title to the Owner's Lands and on title to
the Lakeshore Promenade 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.
19. This Agreement shall be transferrable by the Owner, upon the approval of the
Township which shall not be unreasonably withheld, provided that the renewal
period(s) under this Agreement has not expired and that the transferee agrees to
be enter into a new Agreement with the same provisions and be bound by the
Agreement.
In Witness Whereof the Township has caused to be affixed its corporate seal under
the signatures of its duly authorized officers.
Executed at this�, day of��Q�� , 2016.
The Corporation of
The Township Of Oro-Medonte
Per:
Name: H.S. Hughe
Title: Mayor
Per:
Name: Doug I
Title: irecto , orporate Services/Clerk
I/We have authority to bind the Corporation.
In Witness Whereof the Owner hereto has hereunto affixed its hand.
Executed at a�/ L, 1,4 this ( ~day of AWEA61tyL , 2016.
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Witness
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A ,
Witness
M IM "11 Tivp
Tanya Kim S mpson
Schedule "A"
Owner's Lands:
Lots 34 & 108, Plan 626, Township of Oro-Medonte, County of Simcoe.
PIN 74040-0126 (LT)
Municipally known as 71 Stanley Avenue.
Schedule "B"
Township Lands:
Part of the Lakeshore Promenade between Kempenfeldt Avenue and Owen Road,
Registered Plan 626, designated as Part 7, Plan 51 R-36152, (Geographic Township of
Oro), Township of Oro-Medonte, County of Simcoe, being Part of PIN 74040-0003 (LT)
Encroachments as set out below:
Permanent Encroachments
1. Concrete dock
2. Concrete boat ramp
As located on Part 7, Plan of Survey 51 R-36152.
Temporary Encroachments
1. Seasonal dock
2. Two (2) Boat Lifts
Sub -surface Infrastructure
1. None
LRO # 51 Notice Receipted as SC1365633 on 2016 11 28 at 15:55
The applicant(s) hereby applies to the Land Registrar yyyy mm dd Page 1 of 2
Properties
PIN 74040 - 0003 LT 0✓ Affects Part of Prop
Description PT LAKE SHORE PROMENADE PL 626 ORO BTN KEMPENFELDT AV AND OWEN RD,
PT 7 51 R-36152; ORO-MEDONTE
Address LAKESHORE PROMENADE
ORO
PIN 74040 - 0126 LT
Description LT 34 PL 626 ORO; LT 108 PL 626 ORO; ORO-MEDONTE
Address 71 STANLEY AVENUE
ORO
LConsideration I
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 148 Line 7 South, Oro-Medonte, ON LOL 2E0
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, Corporate
Services/Clerk.
Party To(s) Capacity Share
Name GLASSFORD, SHAWN WILLIAM Registered Owner
Address for Service .71 Stanley Ave., Oro-Medonte, ON
This document is not authorized under Power of Attorney by this party.
Name SAMPSON, TANYA KIM Registered Owner
Address for Service 71 Stanley Ave., Oro- Medonte, ON
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 may be deleted by the Land Registrar after 2021/11/23
Schedule: See Schedules
Signed By
Shirley Joy Partridge 168 Lakeshore Rd. W. RR#1
Oro Medonte
LOL 2E0
Tel 705-790-2677
Fax 705-487-0257
I have the authority to sign and register the document on behalf of the Applicant(s).
acting for Signed 201611 28
Applicant(s)
I
LRO # 51 Notice Receipted as SC1365633 on 2016 11 28 at 15:55
The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 2 of 2
Submitted By
SHIRLEY PARTRIDGE REGISTRY SERVICES INC 168 Lakeshore Rd. W. RR#1 201611 28
Oro Medonte
LOL 2E0
Tel 705-790-2677
Fax 705-487-0257
IFees/Taxes/Payment I
Statutory Registration Fee $63.35
Total Paid $63.35
I File Number I
Applicant Client File Number: 2953