HomeMy WebLinkAboutBy-law No. 2023-023THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW 2023-023
A BY-LAW TO AUTHORIZE THE EXECUTION
OF AN AGREEMENT BETWEEN THE
MUNICIPALITY OF BAYHAM AND BRADCRANEX INC. TO PERMIT
ACCESS OVER AND USE OF LANDS AT 21 ROBINSON STREET,
PORT BURWELL, FOR WORKS AT THE
PORT BURWELL LIGHTHOUSE
WHEREAS section 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, grants a
broad scope of powers to municipalities to govern their affairs as they consider appropriate;
AND WHEREAS the Port Burwell Lighthouse was deemed unsafe in January 2023 due to
structural stability concerns;
AND WHEREAS the Municipality has been working with a heritage consultant and engineer on
temporary stabilization measures for the Port Burwell Lighthouse;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of
implementing these temporary stabilization measures for the Port Burwell Lighthouse;
AND WHEREAS access over and use of the adjacent lands are required to be utilized for said
measures;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM ENACTS AS FOLLOWS:
THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement
attached hereto as Schedule "A" and forming part of this by-law between the Municipality
of Bayham and Bradcranex Inc. for access over and use of lands known municipally as
21 Robinson Street for purposes of works on the Port Burwell Lighthouse.
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 23d DAY OF
MARCH 2O23.
M
THIS LICENCE AGREEMENT made as of the '? Q day of ,//4 Ke�l , 2023.
BETWEEN:
BRADRAN EX Inc.
Hereinafter called the "Licensor"
of the FIRST PART;
- and -
The Co oration of the MunicipalitV of Ba harts
Hereinafter called the "Licensee"
of the SECOND PART;
WHEREAS:
_ The Licensee is a municipal corporation incorporated pursuant to the Municipal
Act, 2001 S.O.2001 c. 25;
2, The Licensor is a corporation incorporated pursuant to the laws of the Province
of Ontario;
3, The Licensor is the registered owner of lands in the Municipality of Bayham,
known municipally as 21 Robinson Street, Port Burwell, (the "Lands"), and for
the purposes of permitting the Licensee to use the Lands for the purposes of
performing construction works related to refurbishment of the Lighthouse as
more particularly described in this Agreement, the Licensor has agreed to grant
this licence;
In consideration of the exchange of TWO DOLLARS $2.00 from each party to the other,
and other good and valuable consideration, including the improvement and
beautification of the area and the improved safety of the lighthouse by its temporary
stabilization on the property abutting the Lands, the sufficienciy of which is hereby
acknowledged by the parties, the parties agree as follows:
The Licensor grants to the Licensee the non-exclusive use of the Lands for the
purposes hereinafter set forth and more specifically described in section 2(1) of
this agreement, for the period of two (2) years, commencing on April 15, 2023,
and expiring April 14, 2025. Such licence shall extend to the servants, agents,
contractors and workers of and other persons duly authorized by the Licensee,
at all times and from time to time deemed necessary by the Licensee.
2. The Licensee covenants with the Licensor:
} To use the Lands only for the purposes of performing construction
works related to refurbishment of the Lighthouse. To this end, the
Licensor hereby grants licence to the Licencee, and the Licensee
convenants:
a. To access the Lands, enter and lay down materials, erect, install,
construct, maintain, open, inspect, add to, alter, repair and keep in
good condition, remove, replace, relocate, reconstruct and
supplement structures, equipment, wires, cables and any other
thing necessary to support the Lighthouse located on municipal
lands at 17 Robinson Street, Port Burwell;
b. Without limiting the generality of section 2(1)a, to install, including
burying into the ground, certain equipment including helical piles
and affixing guy wires for the purpose of supporting the
Lighthouse; and,
c. To pass and repass with all plant machinery, material, vehicles,
and equipment, including heavy machinery, as may be necessary,
along, on, in, across, under, over and through the Lands for all
purposes necessary or incidental to the exercise and for the
enjoyment of the rights and licence herein granted;
(2) To accept the Lands in the condition existing as of the date of this
agreement and will not call upon the Licensor to do or pay for any
work or supply any equipment to make the Lands more suitable for
the proposed use by the Licensee hereunder.
() Not to erect any buildings or structures, other than temporary
construction structures as may be required (e.g. scaffolding) on the
Lands without written permission from the Licensor, or his or her
designate;
(4) To maintain the appearance of the Lands and the equipment thereon
in a neat, clean and well -kept manner appropriate to the condition of
land in the area and the works being performed;
(5) To maintain all equipment in repair at its own expense, and to repair
on written notice from the Licensor;
(6) To ensure that no refuse, litter, garbage or loose or objectionable
material accumulates in or about the Lands;
(7) To ensure that no trees are removed and no grade changes are
carried out;
(8) To provide and maintain comprehensive general liability insurance in
the minimum amount of TWO MILLION DOLLARS ($2,000,000.00)
with respect to its use of the Lands during the full term of this
agreement and any extension thereof, naming the Licensor as an
additional insured, and to provide a certificate evidencing same, prior
to execution of this agreement and as required by the Licensor.
Without limiting the generality of the foregoing, such public liability
insurance shall contain provisions for cross -liability, severability of
interests, and no cancellation or alterations without the consent of the
Licensor;
(9) To ensure that any contractors acting on behalf of the Licensee on
the lands carry insurance that meets the standard set out in section
2(s);
(10) Not to assign this agreement without the prior written consent of the
Licensor, which consent may be unreasonably withheld;
(11) To restore and leave the Lands in substantially the same condition at
the expiry of this agreement as they were at the commencement of
this agreement;
(12) To comply with all federal, provincial and municipal laws, rules,
regulations and by-laws and to hold the Licensor harmless from the
consequences of its failure to do so;
3. The Licensor acknowledges and agrees that it has had the opportunity to review
and make inquiries as to the nature and extent of the activities, installations and
equipment authorized by this licence and that following its execution shall not
allege or construe that any construction works, installations or equipment
authorized herein was not contemplated at the time of the grant of licence.
4. The Licensee may remove its equipment from the Lands, provided all damage
thereby occasioned shall forthwith be repaired by the Licensee at its own
expense.
6_ The Licensee shall at all times indemnify and save harmless the Licensor from
and against any and all claims, demands, losses, costs, charges, expenses,
actions and other proceedings (including those in connection with workers'
compensation or any similar or successor arrangement) made, brought against,
suffered by or imposed on the Licensor or its property in respect of any failure by
the Licensee to fulfill any of its obligations under this agreement.
6_ The Licensee shall at all times indemnify and save harmless the Licensor in
respect of any loss, damage or injury (including injury resulting in death) to any
person or property (including, without restricting the generality of the foregoing,
employees, contractors, agents and property of the Licensor, directly or
indirectly arising out of, resulting from or sustained by reason of the occupation
or use of the Lands, or any operation in connection therewith or any fixtures or
chattels thereon.
7. The Licensor shall not be liable, directly or indirectly, for any personal injuries
that may be suffered or sustained by any person who may be on the Lands or
for any loss of or damage or injury to property belonging to the Licensee or any
other person unless such injury, loss or damage is due to the Licensor's
negligence or default or the negligence or default of those for whom the Licensor
is in law responsible.
8_ The Licensee shall fully indemnify and save harmless the Licensor from and
against all construction liens and related costs and other claims in connection
with all work performed by or for the Licensee on the Lands, and shall promptly
remove all registered claims from title as soon as practicable.
9, If the Licensee defaults in performing any of its obligations under this
agreement, the Licensor shall give written notice to the Licensee of such default,
thereby giving the Licensee fifteen (15) business days to remedy such default,
failing which the Licensor may terminate this Licence and the Licensee shall
then forthwith remove its chattels and fixtures, if any, from the Lands and shall
restore the Lands to the condition in which they were at the commencement of
this agreement. For greater certainty, provided that the Licensee commences
reasonable steps within fifteen (15) days to cure the default, it shall be deemed
to be remedied, provided that the Licensee continues to take steps toward
completing the remedy in a timely manner.
10. Any notice required to be given to the Licensor under the terms of this
agreement shall be sufficiently given if delivered to the Licensor or mailed by
prepaid registered mail addressed to it at BRADCRANEX Inc., PO Box 59, Port
Burwell, ON NOJ 1 TO, c/o Ron Bradfield. Any notice required to be given to the
Licensee under the terms of this agreement is deemed to be sufficiently given if
delivered to the Licensee or mailed by prepaid registered mail addressed to the
Licensee at 56169 Heritage Line, Straffordville, ON, NOJ 1 YO, or at such other
address as the Licensee may in writing designate. In either case, such notice
shall be deemed to have been received on the date of its delivery or in the case
of mailing, three (3) business days after it is delivered to the post office.
11. This agreement shall enure to the benefit of, and be binding upon the parties
and their respective successors and (where permitted) assigns.
12. No waiver of any provision of this agreement by either party shall be deemed to
be a waiver of the same provision or any other provision in any other
circumstance. A party not seeking to enforce any right under this agreement
does not constitute a waiver hereunder.
13. Should any provision of this agreement be deemed to be invalid or unlawful by a
court or authority of competent authority the remaining provisions shall continue
in full force and effect.
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14. This agreement may be executed in counterparts and may be executed
electronically and, when such counterparts are duly executed, shall deemed to
be an original copy of this agreement.
IN WITNESS whereof the parties have affixed their respective corporate seals attested
by the hands of their respective officers duly authorized in that behalf.
Cate:rya
.
Date:,
BRADCRANEX INC.
i
Ron Bradfield
l have the authority to bind the Licensor
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
Ed Ketchabaw, Mayor
T offias` hayer, CAO