HomeMy WebLinkAboutBy-law No. 2023-058THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2023-058
A BY-LAW TO AUTHORIZE THE EXECUTION OF A LAND USE AGREEMENT
BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
AND THE STRAFFORDVILLE COMMUNITY COMMITTEE
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 Straffordville Community Committee hosts the annual Watermelon Fest
on Municipal lands;
AND WHEREAS the Straffordville Community Committee requires a storage space for items
relating to the Watermelon Fest;
AND WHEREAS the Straffordville Community Committee requested to store a storage
container on the Municipal lands known as 56169 Heritage Line;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of
entering into an agreement with the Straffordville Community Committee for use of lands at
56169 Heritage Line to place a storage container;
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 to execute the Agreement
attached hereto as Schedule "A" and forming part of this by-law between The
Corporation of the Municipality of Bayham and The Straffordville Community
Committee for use of lands to place a storage container at 56169 Heritage Line,
Straffordville;
2. AND 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 20t" DAY OF
JULY, 2023.
MAYOR CLERK
Schedule A to By-law 2023-058
BETWEEN:
THIS AGREEMENT DATED THEZO DAY OF JULY, 2023
The Corporation of the Municipality of Bayham
(Hereinafter called the "Municipality")
and
Straffordville Community Committee
(Hereinafter called the "SCC")
of the First Part
of the Second Part
WHEREAS the Straffordville Community Committee (SCC) requested use of a portion of Municipal
Lands to place a storage container to store items for their annual Watermelon Fest event;
AND WHEREAS the Council of the Municipality of Bayham approved this request at the June 15, 2023
Regular Meeting of Council;
NOW THEREFORE the parties hereto have agreed to enter into the Agreement as follows;
1. General Provisions
1.1. The SCC is granted permission to place a storage container on the Municipal Lands
known as 56169 Heritage Line, Straffordville.
1.2. The location of the storage container is to be adjacent to the Public Works barn located in
the South East portion of the Municipal Lands known as 56169 Heritage Line, Straffordville.
1.3. The storage container is not to exceed a length of twenty (20) feet and be aesthetically
pleasing with similar colouring to the buildings on site.
1.4. The SCC are responsible for the delivery, maintenance and security of the storage
container and all items contained within.
1.5. The SCC agrees to indemnify and save harmless the Municipality against any and all
liability, damages, costs and any other loss to person or property that result from the permitted
use.
1.6. The SCC shall maintain and pay for Comprehensive General Liability Insurance in an
amount of not less than two million ($2,000,000.00) naming the Municipality of Bayham as an
additional insured. The coverage shall not be altered, cancelled or allowed to expire or lapse
without thirty (30) days prior written notice to the Municipality. A Certificate of Insurance shall be
filed with the Municipality upon the signing of the Agreement and annually thereafter throughout
the term of the Agreement.
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Schedule A to By-law 2023-058
1.7. The SCC shall be responsible for any costs incurred in the event that the storage
container needs to be moved for any reason deemed by the Municipality.
2. Term
2.1. This agreement shall take effect on the 20th day of July, 2023 and shall remain in effect
until the 31st day of December, 2028.
2.2. This Agreement may be extended for an additional five (5) years by written mutual
agreement.
2.3. Either party has the right to terminate this Agreement, for any reason, on sixty (60) days
written notice.
3. Administration
3.1. In construing this Agreement, words in the singular shall include the plural and vice versa
and words importing the masculine shall include the feminine, and the neuter and vice versa,
and words importing persons shall include corporations and vice versa.
3.2. Any notice required to be given under this Agreement must be in writing to the applicable
address set out below:
(a) in the case of the Municipality:
Municipality of Bayham
PO Box 160
56169 Heritage Line
Straffordville, ON NOJ 1Y0
Office: (519) 866-5521
Email: sadams ba ham.on.ca
(b) in the case of the SCC:
Rose Gardner
55550 Jackson Line
Straffordville, ON NOJ 1Y0
519-868-0324
Email: rm._qardner.69@qm.aii.com
OR
Louise Rischel
56537 Heritage Line
Straffordville, ON NOJ 1Y0
226-220-3750
Email: rischel _golden.net
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Schedule A to By-law 2023-058
IN WITNESS WHEREOF the parties have duly executed this Agreement this270day of July, 2023.
Authorized by ) THE CORPORATION OF THE
Bayham By-law No. 2023-058 ) MUNICIPALITY OF BAYHAM
Mayor
Clerk
WITNESS WHEREOF the part of the Second Part has hereunto set is hand and seal.
SIGNED, SEALED AND DELIVERED, this day of July, 2023.
In the presence of }
}
d-itness: Stra##o d ille Com unity Committee
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