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4022 Schedule A - Bayham By-Law 2016-037 Execution of a Utility Corridor Use Agreement (2)THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2016-037 A BY-LAW TO AUTHORIZE THE EXECUTION OF A UTILITY CORRIDOR USE AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM, THE TOWN OF TILLSONBURG, RICKY MILTON ROBERTS AND DEBORAH ANNE ROBERTS WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended provides that a lower tier municipality may pass by-laws respecting Services and things that the municipality is authorized to provide. AND WHEREAS the Municipality of Bayham and the Town of Tillsonburg are partners in a Joint Venture Agreement governing the Utility Corridor lands in the Municipality of Bayham and the Town of Tillsonburg (Municipality of Bayham Agreement No. 0306) AND WHEREAS the Municipality has requested the Town of Tillsonburg agree to a Utility Corridor Use Agreement with Ricky Milton Roberts to formalize access to the property known as 56466 Heritage Line for the purpose of access to a residence and accessory buildings located on the property. AND WHEREAS the Council of the Corporation of the Municipality of Bayham and the Council of the Corporation of the Town of Tillsonburg is desirous of entering into such Utility Corridor Agreement to grant such permission subject to terms and conditions set forth in this Agreement. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized and directed to execute the Agreement attached hereto as Schedule "A" and forming part ofthis by-law, between the Corporation of the Municipality of Bayham, the Corporation of the Town of Tillsonburg and Ricky Milton Roberts, being a Utility Corridor Use Agreement for certain utility corridors under the jurisdiction and control of the Municipality of Bayham and the Town of Tillsonburg. 2. THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED this 5th day OF May 2016. - AGREEMENT THIS AGREEMENT made in triplicate this~ day of Ha <.( , 2016 BETWEEN: -AND- -AND- WHEREAS: RICKY MIL TON ROBERTS and DEBORAH ANNE ROBERTS of the Municipality of Bayham, in the County of Elgin hereinafter called the OWNERS THE CORPORATION OF THE MUNICIPALITY OF BAYHAM hereinafter called BA YHAM THE CORPORATION OF THE TOWN OF TILLSOBURG hereinafter called TILLSON BURG 1. The Owners are the owners of lands and premises described in Attachment "A" attached hereto, (the "Subject Property"). 2. Bayham and Tillsonburg is the joint owner of a utility corridor within the Municipality of Bayham and the Town of Tillsonburg and in particular the utility corridor described in Attachment "B" attached hereto, (the "Utility Corridor"). 3. Bayham has requested Tillsonburg to agree to a Utility Corridor Use Agreement, utilizing the utility corridor illustrated in Attachment "B", with the Owners to formalize access to the property known as 56466 Heritage Line for the purpose of access to a residence and accessory buildings located on the lands described in Attachment 'A'. NOW THEREFORE IN CONSIDERATION of the premises, covenants, two dollars ($2.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: 1. Bayham and Tillsonburg, subject to the terms, conditions and covenants of this Agreement hereby allow the Owners to use the Utility Corridor for access to the Subject Property, until such time as any part or parts of the Utility Corridor are required by Bayham or Tillsonburg for any purpose. The Owners shall not construct any permanent structures, fencing, gates, or otherwise on the Utility Corridor, except as approved in writing by Bayham and Tillsonburg. 2. The Owners shall use the Utility Corridor for the purposes of access for ingress and egress from the Subject Property. 3. The Owners shall maintain any and all improvements permitted in all respects to the satisfaction of Bayham and Tillsonburg and upon its direction. In no circumstances shall Bayham or Tillsonburg be responsible for the costs of any improvements, maintenance, damages, or other expenses associated with the permitted improvements. 4. The Owners shall at all times maintain liability insurance with respect to their use of the Utility Corridor. The amount and particulars of such liability insurance policy shall be satisfactory to Bayham and Tillsonburg and for greater certainty the amount of such insurance coverage shall be $1,000,000 and will be applicable to use of the Utility Corridor by the Owners or any person whose lawful purpose is to access the driveway located on the abutting land owned by the Owners. 5. Bayham agrees to indemnify Tillsonburg against all actions, suits, claims, and demands whatsoever which may be brought against or made upon Bayham and Tillsonburg, and against all loss, costs, damages, charges and expenses whatsoever which may be incurred, sustained, or paid by Bayham and Tillsonburg in consequence of the use of the Utility Corridor in accordance with this agreement or otherwi~e by reason of the exercise by the Owners of the permission hereby granted to use the Utility Corridor. 6. If the Owners fail to maintain that portion of the Utility Corridor used for access to the Subject Property in proper condition or to use it contrary to the provisions of this Agreement, Bayham and Tillsonburg may terminate the Agreement on five (5) days written notice to the Owners whereupon termination, the Owners shall restore the Utility Corridor to its condition prior to the execution of this Agreement. 7. No length of time or enjoyment by the Owners of the lands or any part or parts thereof shall enure or give an interest in or a right to the Owners or its heirs, successors, or assigns to retain any portion of the Utility Corridor or any part or parts thereof or acquire an easement or shall deprive Bayham and Tillsonburg by the operation of any statute of limitation or otherwise of any right to require the vacating of the Utility Corridor. 8. If at any time after the execution of this Agreement the Council of the Municipality of Bayham and the Council of the Town of Tillsonburg, in their sole discretion, resolves. to terminate the privileges granted herein, the Owners agree to remove the works, or any part or parts thereof, and to restore the Utility Corridor to the condition as existed at the date of execution of this agreement if so required by Bayham and Tillsonburg in their sole discretion, within sixty (60) days next after notice in writing of such resolution has been delivered or posted by prepaid mail to the Owners and the Owners shall not be entitled to claim any damages whatsoever for the removal of the works or any part or parts thereof. 9. Bayham and Tillsonburg reserves the right, for itself and all members of the public, to use the Utility Corridor for access to and uses as deemed appropriate in their sole discretion. 10. The Owners covenant and agree with Bayham and Tillsonburg that in the event of the Owners transferring or selling the lands or any part thereof, the Owners shall forthwith notify Bayham and Tillsonburg in writing of such transfer or sale together with the name and address of the transferee or purchaser. 11. The Owners covenants and agrees with Bayham and Tillsonburg that for the purpose of this Agreement, notice may be given to the Owners by mailing the notice post paid and addressed to the Owners at the address of: 56466 HERITAGE LINE PO BOX257 STRAFFORDVILLE ON NOJ 1YO 12. This Agreement and everything contained shall respectively enure to the benefit and be binding upon the parties hereto, their heirs, executors, administrators, successors, and assigns respectively. 13. Bayham, at its expense, shall register this Agreement on title to the Subject Property. Bayham shall cause a registered copy to be delivered to Tillsonburg and the Owners. IN WITNESS WHEREOF Bayham and Tillsonburg has hereunto affixed its Corporate Seals under the hand of its proper signing officers duly authorized on its behalf and the Owners has hereunto set her hand and seal. SIGNED: Witness Ricky Milton Roberts ~rlNu.-~ Witness Deborah Anne Roberts THE CORPORATION OF THE MUNICIPAL! BA YHAM Mayor ~--------- Clerk Do~ W L "-sa~ We have the authority to bind the Corporation. .. Attachment "A" Legal Description of the Subject Property Property Description: L T 13 N/S TALBOTRD PL 205 BAYHAM; BAYHAM PIN: 35336-0271 (L T) LR0#11 .. Attachment "B" Legal Description of the Utility Corridor Property Description: LT 16 SIS SECOND ST, 14 NIS FIRST ST, 14 SIS FIRST ST PL 205 BAYHAM; LT 14 NIS TALBOT RD AND EIS PLANK RD PL 205 BAYHAM; LT 15 NIS TALBOT RD AND EIS PLANK RD PL 205 BAYHAM; PT L T 17 SIS THIRD ST, 15 NIS SECOND ST, 13 NIS FIRST ST PL 205 BAYHAM; PT FORST ST, SECOND ST PL 205 BAYHAM; PT L T 126- 128 CON NTR BAYHAM PT 111R6477; T/W E278035; SIT E447965; BAYHAM PIN 35336-0147 (LT) LR0#11 ' . • oO the co-opeditotS® C A Better Place PorYoU® Co-operator$ General Insurance Cornpany CONFIRMATION OF INSURANCE Insured's Name: RICK ROBERTS DEBBIE ROBERTS Insured's Address: 5'/ot.}Mo Ner;-f~"i~ L;ne. Sfl"etr:fordv/ I le, 011. street: PO BOX 257 City: STRAFFORDVILLE Province: Ontario · .. Postal Code: NOJ 1YO Polley Number Legal Liability Limit Effective Date of this Endorsement 1009517433 $1,000,000 May 9, 2016 Municipality of Bayham and Town ofTillsonburg has been added as an *Additional Insured in the event of an insured loss involving Premises Liability, where it is deemed that Municipality of Bayham and Town of Tillson burg and RICK ROBERTS are jointly and legally liable in connection with the property at 56466 HERITAGE Line, STRAFFORDVILLE, Ontario, NOJ 1YO. Coverage for Premises Liability will be provided to the parties as outlined in the policy wording. Notice of policy cancellation, non-renewal or change is not required. IZJ If the policy is cancelled, not renewed or changed in such a manner as to affect this certificate, 0 days written notice by registered mail will be given to Municipality of Bayham and Town of Tillsonburg. *Additional Insured means a party who is insured only with respect to claims arising out of any act, error or omission of the policy Named Insured. Authorized Representative: I Date: May9,2016 ALL OTHER TERMS, CONDITIONS, LIMITATIONS AND EXCLUSIONS OF THIS POLICY ARE UNCHANGED NFG563 (02/11)