HomeMy WebLinkAbout96-70 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 96-70
Being a by-law to authorize the Mayor and
Clerk to enter into an agreement between The
Municipality of Clarington and Thomas White
and Richard Alexandre to permit the
encroachments of part of the building located
on the southeast corner of King and Queen
Streets, onto the Queen Street road allowance
and to rescind the Encroachment Agreement
between The Corporation of the Town of
Bowmanville and James Howard Hancock.
WHEREAS The Corporation of The Municipality of Clarington deems it
desirable to enter into an Encroachment Agreement with Thomas White
and Richard Alexandre to permit the following encroachment:
Parts 2, 3 and 4, unregistered plan, to encroach onto the
Queen Street road allowance.
WHEREAS the Encroachment Agreement is attached and forms part of
this By-law as Schedule 'A' .
WHEREAS the Encroachment Agreement between the former Town of
Bowmanville and James Howard Hancock is not valid, and is hereby
rescinded.
NOW THEREFORE BE IT RESOLVED THAT the Mayor and Clerk are
authorized to execute an Encroachment Agreement between The
Corporation of The Municipality of Clarington and Thomas White and
Richard Alexandre.
BY-LAW read a first and second time this 15th day of April, 1996.
BY-LAW read a third time and finally passed this 15th day of April,
1996 .
05&- Z
MAYOR
CLERK
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of Township Lot 12, Concession 1 (formerly Town of
Bowmanville), Municipality of Clarington, Regional
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BOYILLE HOLDINGS INC. By penP................ .. ...... ... .. .. ..... 1997 1... .......... .. . ........... ...... .. . ..... ... ..Stne ..... ...... ... .�. .
.... .. . ........... ...... . .. .. . .. ... . ... . ................ ........... . .... . ..
H1)tor8ervtes 91-97 King Street West, Bowmanville, Ontario L1C 1R2
(12)Party(lea)(set out stataa or late W)
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STEPHEN F. SHINE
91-97 King Street West Barrister & Solicitor
Bowmanville, Ontario 231 Ring Street East
L1C 1R2 P.O. Box 26038
Oshawa, Ontario 1o1H 8R4
(905) 571-2559 (�
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THIS AGREEMENT made as of the 15th day of April, 1996.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF
CLARINGTON
(hereinafter referred to as the"Municipality")
•and-
BOVILLE HOLDINGS INC.,
(hereinafter referred to as the"Licensee")
WHEREAS:
A. The Licensee is the registered owner of the lands in the Municipality of Clarington
described In Schedule"A"annexed hereto(the"Property");
B. The public highway(s)known as Queen Street(formerly Seugog Street),forms part
of the road system under the jurisdiction of the Municipality;
G The Licensee has made application to the Municipality for permission to maintain an
encroachment within Queen Street(the"Road Allowance')in the manner and to the
extent as described in Schedule"B"(hereinafter referred to as the"Encroachments");
D. The Municipality has granted to the Licensee peimission to erect and maintain the
Encroachments upon the condition that the Licensee enters into and executes this
Agreement,which the Licensee has agreed to do;and
E. The making of this Agreement with Thomas White and Richard Alexandre(whose
legal interests have been conveyed to Boville Holdings Inc., . )is authorized
by Bylaw No.96.70 passed on the 15th day of ApA 1996 a copy of which Is annexed
as Schedule"C'.
NOW THEREFORE THIS AGREL"M W WITNESSETH that in consideration of the
premises,and of the covenants and agreements hereinafter contained,the parties agree as
follows:
1. The Municipality grants to the Licensee permission to erect and maintain the
Encroachments until such time as the removal of the Encroachments is required as
hereinafter provided(hereinafter referred to as the"Licence").
2. The Licensee will,at its own cost,charge and expense and to the satisfaction of the
Director of Public Works of the Municipality (hereinafter referred to as the
"Di rector")) keep and maintain the Encroachments in good and proper repair and
condition
3. The Licensee will,at its own costs,charge and expense and to the satisfaction of the
Director,alter or remove the Encroachments from the Road Allowance forthwith
after being given thirty(30)day's notice in writing from the Director to do so,before
the date specified by such notice without being entitled to any compensation
whatsoever for such alteration or removal,and if the Licensee fails to alter or remove
the said Encroachments as requested by the Director,the Municipality may remove
or alter the ! : and ri ' : the '- all at the cost, t' ; and
Encroachment Agreement -2-
expense of the Licensee and the certificate of the Director as to the cost of such
removal or alteration or restoration shag be final and binding upon the Licensee and
the Municipality may recover the same from the Licensee in any court of competent
jurisdiction,as a debt due and owing to the Municipality.
4. The Licensee will,from time to time and at all times hereafter,well and truly save,
defend and keep harmless and fully indemnify the Municipality and any other
Corporations, Boards,Commissions or Bodies having utilities or services which may
in any manner be affected by the erection or maintenance of the Encroachment 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 or whether or not they be parties hereto,for or by reason
of or on account of the permission hereby granted to the Licensee and/or the exercise
by the Licensee of such permission and/or the erection and maintenance of the
Encroachments and appurtenances thereto and/or anything in any manner relating
thereto, including, but without limiting the generality of the foregoing, all actions,
suits, claims and demands which may arise as a result of water dripping from the
Encroachments onto the said public sidewalk and/or highway because of the lack of
adequate drain connections affixed to the Encroachments,and that In can any action,
suit,claim or demand be brought against or made upon the Municipality or any of
its respective officers,servants,workers or employees, the Municipality may, upon
written notice to the Licensee, and if not forbidden by the Licensee within the
fourteen days thereafter, if the Municipality shall see fit, compromise any such
actions,suits,claims or demands on such terms as the Municipality shall see fit,and
the Licensee shall thereupon forthwith pay to the Municipality the sum or sums to
be paid together with such sum as shall represent the reasonable costs of the
Municipality or its solicitors in defending or settling any such actions,suits,claims or
demands,but if the Licensee forbids such compromise within the said period,or if
no such compromise be affected, then the Licensee may be made party to such
actions, suits, claims or demands and will in every case fully indemnify the
Municipality, its officers,servants,workers or employees.
S. The Licensee shall facilitate the repair,relocation and construction of any and all
utilities over or under the Encroachments,as may be required from time to time by
the Director by written notice given to the Licensee.
6. The Licensee shall obtain and maintain public liability insurance(personal injury and
property damage)covering the maintenance of the Encroachments in the amount of
at least One Million Dollars($1,000,000100)for all damages arising out of an accident
or occurrence or series of accidents or occurrences naming the Municipality as
additional named insured and containing a cross-liability endorsement aU satisfactory
to the Treasurer of the Municipality. T11e Licensee shall deliver to the Treasurer of
the Municipality,from time to time when requested,a copy of such insurance policy
certified and signed by the insurer. The issuance of such policy or policies of
insurance or the acceptance of it or them by the Municipality shag not be construed
to relieve the Licensee from responsibility for other or larger claims for which the
Licensee may be held responsible. If I)the Property is used for residential purposes,
and Ii)the Property is temporarily unoccupied,and III) following the application of
the Licensee to the Municipality's Treasurer, the Treasurer is of the opinion that
insurance required to be obtained pursuant to this paragraph is not commercially
available at normal consumer rates for home owner's insurance,the Licensee shall
not be required to maintain such insurance during the period of time that the
Property Is unoccupied.
7. If the Licensee shat!transfer or sell the Property or any portion thereof then 1) the
Licensee shall forthwith notify the N ty In w.' ' of: , sate or i
Encroachment Agreement -3-
together with the name and address of the transferee or purchaser, and ii) this
Licence shall terminate on the expiry of the period of thirty(30)days following such
sale or transfer unless such transferee or purchaser,within the aforesaid thirty(30)
days,enters into an agreement with the Municipality to assume the obligations of the
Licensee pursuant to this Licence. On the making of the aforesaid assumption
agreement with the Municipality,the transferee or purchaser shall be deemed to be
the Licensee for the purposes of this Licence and the transferor or vendor of the
Property shall have no further obligation under this Licence.
& Without deragating from paragraph 3 hereof,if the Municipality passes regulations
which would have the effect of requiring removal of the Encroachments over the
Road Allowance, the Licensee, upon receipt of notice in writing from the Director
to do so,will remove the Encroachments and appurtenances thereto from the Road
Allowance and restore the Road Allowance, all to the satisfaction of the Director
before the date specified in such notice,without being entitled to any compensation
whatsoever for such removal,and if the Licensee fails to remove the Encroachments
and appurtenances thereto and restore the Road Allowance as herein provided,the
Municipality may remove same at the cost,charge and expense of the Licensee and
the certificate of the Director as to the cost of such removal shall be final and binding
upon the Licensee and the Municipality may recover such sots from the Licensee in
any court of competent jurisdiction as a debt due and owing to the Municipality.
9. 'The Encroachments shalt be constructed,installed,occupied,and maintained in such
a manner so as to ensure that there will be no interference with pedestrian or
vehicular traffic and that the line of sight or any traffic sign or signal is not obscured.
10. The construction, installation, occupation, operation and maintenance of the
Encroachments shall comply with all applicable statutes,by-laws and regulations.
11. The Licensee will pay to the Municipality such fee or fees for the privilege hereby
granted to maintain the Encroachments as may be hereafter from time to time
prescribed by the Council of the Municipality to be paid by all owners of
encroachments which project in whole or in part over any public highway,street or
lane in the Municipality of Clarington for the privilege of maintaining such
encroachments.
U All such suns and costs so paid, sustained or incurred by the Municipality as
aforesaid,and all such annual fees or minimum fees,or further or other fees to be
paid by the Licensee as aforesaid,shall form and constitute a charge or lien on the
Property until fully discharged by payment thereof
13. The Municipality, its respective officers, servants, workers, employees, agents and
contractors under its control or supervision of any of them 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 Property and/or the Encroachments or any part thereof,with
all necessary people,plant equipment and material for the purposes of inspecting the
Encroachments or removing the same from the Road Allowance as hereinbefore
provided;provided that such inspection shall not free or relieve the Licensee in any
way whatsoever from the liability under the covenant hereinbefore set forth to keep
and maintain the Encroachments in good and proper repair and condition.
14. Any notice,request,communication or demand under this Licence shall be in writing
and shall be considered properly delivered when given or served personally or by
registered mail to the Municipality at 40 Temperance Street, BowmanvWe,Ontario
LiC 3A6,Attention:Director of Public Works and the Licensee at 91.97 King Street
West, Bowmanvilte, Ontario, L1C 1R2, Attention: Thomas White. Such notice,
or, be ° to have 1 on the date it is
Encroachment Agreement •4-
if given or served personally or on the third day following mailing,if It Is mailed. if
at any time notice is delivered by mail and there is any cessation(whether anticipated
or existing)of mail service affecting the delivery of such notice,the notice shall not
be deemed to have been delivered until five (S) business days after the date that
normal mail service is restored.
15. This Agreement may be registered against title to the Property and the cost of
preparation and registration of the same shall be paid by the Licensee. The Licensee
shall deliver to the Municipality, in registerable form and at the Licensee's cost,
postponements of any encumbrances registered against title to the Property.
16. Nothing herein contained shall be construed as giving to the Licensee anything more
than permission to erect on and attach the Encroachments to the Road Allowance
and to maintain the same until such time as the removal of the Encroachments from
the Road Allowance may be required as hereinbefore provided.
17. This Agreement and everything contained herein shall enure to the benefit of and be
binding upon the parties hereto and their respective (where applicable) heirs,
executors,administrators,successors and assigns.
1& This Licence shall be governed by and interpreted in accordance with the laws of the
Province of Ontario and the parties submit to the jurisdiction of the courts of the
Province of Ontario In order to enforce this Licence.
19. Each of the Municipality and the Licensee hereby agree that any prior agreement
respecting the Encroachments or a portion thereof including but not limited to an
agreement made between The Corporation of the Town of Bowmawffle and James
Howard Hancock made the 8th day of October,1946 is hereby terminated and ail of
the rights and obligations of the parties relating to the Encroachments are contained
in this Agreement.
IN WITNESS WHEREOF,this Licence has been duly executed by the parties hereto
as of the day and year first above written
THE CORPORATION OF THE
MUNICEPAIi.M OF CLAMGTON
By:
Mayor-
AND
�G'tekk--pp LB e
to bind 41X C� Pyclh")
BOV7o TOLDIINGS IN� WMW
s J. White President
I have the authority to bind the
Corporation. ,
AND By.
•
Lot 1 and the unnumbered Gore Lot, Stock 'N', John Grant Plan of Bart of Lot 12 Concesslon
1, Geographle Township of Darlington, Municipality of Clarington, Regional Municipality of
as Pert 1 on Plan 4OR-174M
$CWEDt jLA"it
Secondly, Part of the Road Allowance between Lots 12 and 13, Conomlon 1, Geographic
Township of Darlington, Municipality of Caalington, Regional Municipality of Durham,designated
as P 3 and 4 on Plan 4OR-174Aa
SCHEDULE "Co
THE CORPORATION OF TIM MUNICIPALITY OF CLARINGTON
BYLAW NO. 96.70
Being a by-law to authorize the Mayor and
Clerk to enter into an agreement between The
Municipality of Clarington and Thomas White
and Richard Alexandre to permit the
encroachments of part of the building located
on the southeast corner of King and Queen
Streets, onto the Queen Street road allowance
and to rescind the Encroachment Agreement
between The Corporation of the Town of
Eowmanville and .Tames Howard Hancock.
WHRRRAS The Corporation of The Municipality of Clarington deems it
desirable to enter into an Encroachment Agreement with Thomas white
and Richard Alexandre to permit the following encroachment:
Parts 2, 3 and 4, unregistered plan, to encroach onto the
Queen Street road allowance.
WHSRM the Encroachment Agreement is attached and forms part of
this Bylaw as Schedule 'A,.
mmMU B the Encroachment Agreement between the former Town of
Sowmanville and James Howard Hancock is not valid, and is hereby
rescinded.
WV TBBRSFORB sH IT RBSOLVXD the Mayor and Clerk are
authorised to execute an Encroachment Agreement between The
Corporation of The Municipality of Clarington and Thomas White and
Richard Alexandre.
nT-?W read a first and second time this 13th day of April, 1999.
BY-L1W read a third time and finally passed this 15th day of April,
1996.
MhyOR
'CL
CER00A OOM p �Clerk-