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HomeMy WebLinkAboutBy-law No. 2024-013THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 2024-013 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND RON & BONNIE BRADFIELD 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 access over and use of the adjacent lands are required for stabilization measures; AND WHEREAS a licence agreement was entered into by by-law No. 2023-023 for use of the lands; AND WHEREAS ownership of the Licensor has changed since the passing of 2023-023 and it is desirous of extending the term of the agreement to December 31, 2025; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: THAT the Mayor and Chief Administrative Officer 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 Ron & Bonnie Bradfield for access over and use of lands known municipally as 21 Robinson Street for purposes of works on the Port Burwell Lighthouse; 2. AND THAT By-law No. 2023-023 be repealed; 3. 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 21st DAY OF MARCH 2O24. MAYOR CLERK LICENCE AGREEMENT BETWEEN: Ron & Bonnie Bradfield Hereinafter called the "Licensor" of the FIRST PART; - and - The Corporation of the Municipality of Ba ham Hereinafter called the "Licensee" of the SECOND PART; WHEREAS: 1. The Licensee is a municipal corporation incorporated pursuant to the Municipal Act, 2001 S.O. 2001 c. 25; , 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: 1. 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 commencing on March 1, 2024, and expiring December 31, 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' {1) 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, e_ 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; () 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; () 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(8); (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; :t 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. 5. 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. 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. & 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 claims registered in connection with the work performed by or for the Licensee on the Lands 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 Ron Bradfield at PO Box 59, Port Burwell, ON NOJ 1TO. 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 1YO, 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, including successor owners in title of the lands, and (where permitted) assigns. The Licensor agrees that, to ensure its right of access to the Lands for the term of this agreement is binding against any future landowner, successor, or assignee, the Licensee may register Notice of this Agreement upon the Lands pursuant to s. 71 of the Land Titles Act, R.S.O. 1990, c. L.5. 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. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 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. Date' _ RON & BONNIE BRADFIELD Date: Ron Bradfield � P Yl t Bonnie Bradfield We have the authority to bind the Licensor THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Ed Ketchabaw, Mayor T-iori as Ihayer, CAO W6 have the authority to bind the Licensee