READ a first second and third time and finally passed this 16 day of May 2011

Transcription

1 CITY OF TIMMINS BYLAW NO BEING A BYLAW to authorize The Corporation of the City of Timmins to enter into an easement agreement with Extendicare Canada Inc and Yolande St Jean respecting property in the City of Timmins WHEREAS it is considered desirable to enter into an agreement with Extendicare Canada Inc and Yolande St Jean respecting a temporary easement agreement for property in the City of Timmins NOW THEREFORE the Council of The Corporation of the City of Timmins enacts the following as a Bylaw 1 THAT the Corporation of the City of Timmins enter into a temporary easement agreement with Extendicare Canada Inc and Yolande St Jean for a temporary easement agreement described as North part of Broken Lot 5 Concession 2 Township of Mountjoy City of Timmins District of Cochrane being part 3 on 6R8427 being parts of pin number copy of which agreement is attached hereto and marked as Schedule A to this bylaw 2 THAT the Mayor and Clerk be and are hereby authorized to execute the said agreement on behalf of the Corporation and to affix thereto the Corporate Seal READ a first second and third time and finally passed this 16 day of May 2011 MAYOR IV CLERK

2 RIGHT OF WAY AND EASEMENT AGREEMENT THIS AGREEMENT is made the 6 day of April 2011 BY THE CORPORATION OF THE CITY OF TIMMINS the Grantor IN FAVOUR OF EYTENDICARE CANADA INC Extendicare YOLANDE G ST JEAN St Jean St Jean and Extendicare are collectively referred to as the Grantees WHEREAS A Extendicare is the owner of the lands and premises described in Schedule A hereto the Extendicare Dominant Tenement B St Jean is the owner of the lands and premises in Schedule B hereto the St Jean Dominant Tenement C The Grantor is the owner of certain lands and premises described in Schedule 0 hereto the Servient Tenement D The Grantor hereby grants a right of way over the Servient Tenement to each of Extendicare and St Jean for the benefit of the Extendicare Dominant Tenement and the St Jean Dominant Tenement respectively and an easement in favour of the Extendicare Dominant Tenement on the terms and conditions herein NOW THEREFORE IN CONSIDERATION of the sum of ten dollars paid by each of the Grantees to the Grantor receipt and sufficiency of which is acknowledged by the Grantor the Grantor grants to each the Grantees a rightof way for persons vehicles over the Servient Tenement and a construction easement ever the Servient Tenement on the following terms and WSLeg n3 O35 0i v 1

3 7 ARTICLE 1 INTERPRETATION 1 No Conditions Precedent This Agreement is effective upon execution and delivery of this Agreement by the parties hereto 12 Entire Agreement This Agreement constitutes the entire agreement between the parties pertaining to the subject matter of this Agreement There are no warranties representations or agreements between the parties in connection with such subject matter except as specifically set forth or referred to in this Agreement No reliance is placed on any representation opinion advice or assertion of fact made by any party hereto or its directors officers and agents to any other party hereto or its directors officers and agents except to the extent that the same has been reduced to writing and included as a term of this Agreement Accordingly there shall be no liability either in tort or in contract assessed in relation to any such representation opinion advice or assertion of fact except to the extent aforesaid 13 Waiver Amendment Except as expressly provided in this Agreement no amendment or waiver of this Agreement shall be binding unless executed in writing by the party to be bound thereby No waiver of any provision of this Agreement shall constitute a waiver of any other provision nor shall any waiver of any provision of this Agreement constitute a continuing waiver unless otherwise expressly provided 14 Governing Law Attornment This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein and the Grantor hereby irrevocably attorns to the jurisdiction of the courts of Ontario ARTICLE 2 GRANT OF RIGHT OF WAY AND EASEMENT 21 Riaht of Wav The Grantor hereby grants to each of the Grantees for the benefit of each of the Extendicare Dominant Tenement and the St Jean Dominant Tenement a right of way over through and on the Servient Tenement for vehicular and pedestrian access to the WS Leeal

4 3 Property in perpetuity subject to Section 23 herein The right of way shall be a burden on the Servient Tenement for the benefit of the Extendicare Dominant Tenement and the St Jean Dominant Tenement 2 Construction Easement The Grantor hereby grants to Extendicare for the benefit of the Extendicare Dominant Tenement an easement over through and on the Servient Tenement i to enter maintain inspect alter and repair all municipal services storm sewers and an access road including all appurtenances to it on and under the Sentient Tenement and ii for the servants agents contractors and workers of the Grantees to enter with machinery material vehicles and equipment necessary for the construction of the easement in perpetuity subject to Section23 The easement shall be a burden on the Servient Tenement for the benefit of the Extendicare Dominant Tenement 23 Surrender of Right of Wav and Easement Upon dedication of the Servient Tenement as public highway the Right of Way and Easement created in Section 21 and 2 herein shall automatically be surrendered by each of St Jean and Extendicare ARTICLE 3 MISCELLANEOUS 31 No Waiver No delay on the part of the Grantees in the exercise of any right power or remedy hereunder or otherwise shall operate as a waiver thereof and no single or partial exercise by the Grantees of any right power or remedy shall preclude other or further exercise thereof or the exercise of any other right power or remedy No action of the Grantees permitted hereunder shall in any way impair or affect its rights powers or remedies under this Agreement 32 Communication Any demand notice or other communication required or permitted to be given hereunder shall be in writing and shall be given by prepaid firstclass mail by facsimile or other means of electronic communication or by hand delivery as hereinafter provided Any such demand notice or other communication if mailed by prepaid first class mail at any time other than during or within three Business Days prior to a general WSLegaP iv1 q k

5 4 discontinuance of postal service due to strike lockout or otherwise shall be deemed to have been received on the fourth Business Day after the post marked date thereof or if send by facsimile or other means of electronic communication shall be deemed to have been received on the Business Day following the sending or if delivered by hand shall be deemed to have been received at the time it is delivered to the individual designated below as the person to whose attention demands notices and other communications are to be given or to the addressee at the applicable address noted below to the attention of the individual designated below Notice of change of address shall also be governed by this section In the event of a general discontinuance of postal service due t strike lock out or otherwise demands notices or other communications shall be delivered by hand or sent by facsimile or other means of electronic communication and shall be deemed to have been received in accordance with the foregoing Demands notices and other communications shall be addressed as follows a if to St Jean co Riopelle Griener Professional Corporation Pine St S Timmins ON P4N 21 Attention Joshua Bond b if to Extendicare Extendicare Canada Inc Suite Steeles Avenue East Markham Ontario L3R 9W2 Attention Elaine Everson c if to the Grantor The Corporation of the City of Timmins City Hall 220 Algonquin Blvd East Timmins ON P4N 1 B3 Attention 3 Successors and Assigns This Agreement shall be binding upon the Grantor and its successors and assigns and enure to the benefit of the Grantee and its successors and assigns The benefit of the Right of Way and the Easement shall be enjoyed by employees contractors agents and invitees of each of St Jean and Extendicare as applicable WSLega1 CL

6 5 IN WITNESS WHEREOF the Grantor has executed this Agreement as of the date first above written THE CORPORATION OF THE CITY OF TIMMIN By Name Title RJ Watson CRIO City Clerla City of Timmins cs WSL epiro35g5s soa97vt u

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8 SCHEDULE A EXTENDIC ARE DOMINANT TENEMENT Part of PIN Part of North Part of Broken Lot 5 Concession2Township of Mountjoy City of Timrnins District of Cochrane And more particularly described as Part 3y Referetice Plan 6R8427 WS 2gat tly

9 SCHEDULE B ST JEAN DOMINANT TENEMENT Part of PIN Part of North Part of Broken Lot 5 Concession 2 Township of Mountjoy City of Timmins District of Cochrane And comprising the remainder of PIN save and except for the Extendicare Dominant Tenement WSJ eguo35055 v

10 SCHEDULE C SERVIENT TENEMENT PIN and Part of North Part of Broken Lot 5 Concession 2 Township of Mountjoy City of Timmins District of Cochrane And more particularly described as Part 8 Reference Plan 6R 8156 and Part 2 Reference Plan 6R7248 WSI ega1uo v1