HomeMy Public PortalAboutBYLAW 2008-48 ALEXIS DENTAL EXPROPRIATION 14306 TEC RDTHE:CORPORATION OF THE TOWN OF TECUMSEH
BY-LAW NUMBER 2008-48'
Being a by-law to authorize the execution of an agreement
for the acquisition oflands required,for municipal
purposes and to complete acquisition of such lands:'
WHEREAS The-Corporation of the Town of Tecumseh. (herein "the Town") is undertaking
improvements to Brighton Road and has identified certain lands required from abutting owners
in order to proceed with the- improvements as planned including the lands described as Part
Lot 1, Concession West of River Peche designated as Part 5 on Plan 12R-23224 (Geographic
Township of Maidstone), in the Town of Tecumseh, County of Essex (the "Road Widening") and
referenced in the Agreement attached hereto as Schedule "A";
AND WHEREAS the Town has been in negotiations with the registered 'owner, Alexis Dental
Ltd., for the acquisition of the Lands and -the. parties have not yet reached. a binding
unconditional agreemenfi on a value to be paid, for the Road Widening inclusive. of any claim thaf
could be made under the Expropriations-Act, R:S.O. 1990 (herein the "Compensation Amount"); i
AND WHEREAS Section 30 of the Expropriations Act, R.S.O. 1990, c. E.26, as .amended
~ authorizes municipalities and property owners to enter into agreements to refer the matter of
:compensation be to the Ontario Municipal :Board in the event the .parties cannot successfully
.conclude negotiations;
AND WHEREAS. the registered owner, Alexis Dental Ltd. has. agreed to transfer the Road
.Widening to the Town upon' the Town- entering info the. Agreement attached hereto as
Schedule "A" with Alexis Dental Ltd.;,
NOW THEREFORE: the .Council of The Corporation of the Town of Tecumseh hereby enacts as
follows:
1. That approval is hereby granted for the execution of the Agreement attached hereto as
''~ Schedule "A" to permit .acquisition of the Road V1/idening for municipal purposes in
connection with the improvement of Brighton Road including installation of sidewalks and
multi-use paths.
2. That the Mayor and Clerk are hereby authorized to execute the Agreement attached
hereto as Schedule "A":
3. That the Town's solicitor may proceed- to finalize transfer of the Road Widening from
Alexis Dental Ltd. to the Town.
4. That the provisions of this By-law shall take. effect as of and from the third and final:
reading hereof...
Read a first, second and third time and finally passed this 8th day of July, 2008.
~~
TIIIS:AGREEMEIVTrnade in triplicate this $ day of J ~ , 2008.
BETWEEN:
THE CORPORATION OF THE TOWN OF TECUMSEH,
hereinafter called the. "Municipality" or "Town"
OF THE FIRST PART
-and-
ALEXIS DENTAL LTD.
hereinafter called the "Owner"
OF THE SECOND PART
HEREINAFTER collectively referred to as the "Parties"
ARTICLE 1
RECITALS
WHEREAS the Owner owns certain lands situated within the corporate limits of
the 1Vlunicipality, said lands being more particularly described as Part Lot 1, Concession
West of River Peche .designated as Part I,-Plan. 12R-.8653 (Geographic Township of
Maidstone),. iri the Town of Tecumseh, County of Essex. being all of PIN 75000-0369 and
municipally known a 14306 Old Tecumseh Road (the "Lands");
. AND WHEREAS the Municipality has expressed its intention to acquire part of the
Lands designated as Part 5 on Plan 12R-23224 for the purpose of planned road
improvements along Brighton -Road .which will require the acquisition by the Municipality
of these lands and •lands of other landowners along Brighton .Road, (herein the "Road
Widening»}~
AND WHEREAS the Parties have not yet reached ,a binding unconditional
agreement on a value to be paid for the Road Widening inclusive of any claim that could be
made under the Expropriations Act, R.S.O. 1990 (hereinthe "Compensation Amount");
AND WHEREAS in the. absence of reaching such an agreement the Parties .have
agreed that the compensation to be paid by the Town to the Owner for the Road Widening
shall be referred to the Ontario Municipal Board as detailed below;
NOW THEREFORE inconsideration of the covenants contained herein, the parties hereto
agree as follows:
ARTICLE 2
TERM OF AGREEMENT
2.1 Each Party represents' and warrants to the .other Partythat the .recitals to this.
Agreement, insofar as they relate to the Party,. are true and correct.
2.2 The Owner agrees to convey to the Municipality 'upon execution of this
Agreement the Road Widening free of lien or encumbran6e.
2.3 Subject to Article 2.4 below, the parties agree to continue to negotiate on a
Compensation Amount in the .hopes of avoiding .referral of the. matter to the
Ontario Municipal Board.
2.4 The Parties agree that in the event .that they are unable to reach a binding
unconditional agreement on the Compensation Amount, either. parry may, on 15
days notice to the other, refer to the Ontario 1vlunicipal Board the determination of
the compensation to which the Owner would. be entitled by the Expropriations. Act
(herein "the. Act") if the Road Widening were expropriated as contemplated by
section 30 of the Act..
2.5 Should the parties reach a binding. unconditional agreement on the Compensation
Amount it is agreed that the release attached in Schedule A shall be executed
contemporaneouslywith the payment of the Compensation Amount.
ARTICLE 3
MISCELLANEOUS
3.1 C011~IMUNICATION
Subject to the express provisions of .this Agreement, 'all communications provided for or
permitted hereunder shall be in writing, personally delivered to an officer of the addressee
or sent by registered -and receipted mail, charges .prepaid, or by facsimile transmission or
other means of recorded telecommunication, charges prepaid, to the applicable address set
forth below or to such other address as either party hereto may from time to time designate
to the other in such manner.
Communications sent to the Parry of the First Part -shall be addressed to:
917 Lesperance Road
Tecumseh, ON N8N 1 W9
Attention: Laura Moy, Clerk
Communications sent to the Parry of the Second-Part. shall be addressed to:
1665 Tecumseh Rd East, Tecumseh, Ontario N8W 1 C6
x
Any communication so personally. delivered shall be deemed to .have been validly and
effectively given on the date of such delivery. Communications so sent by registered and
receipted mail .shall be deemed to :have been validly and effectively. given on the 5~
Business Day after posting, as evidenced by the postal_receipt. Communications so sent by
facsimile transmission or other means of recorded telecommunication shall be deemed to
have been .validly and effectively given on the Business_Day next. following the day on
which it is sent. Any parry may from time to time change his or its address for. service on
written notice to the others. '
3.2 TIME OF ESSENCE
Time shall be of the essence of this Agreement and of every part thereof.
3.3 vVAIVER
No .waiver by any party of a breach of any. of the covenants, conditions and provisions
herein contained shall be effective or binding upon such party unless the same shall be
expressed in writing and any waiver so expressed shall not limit or affect such party's rights
with respect to any other future breach.
3.4 FURTHER ASSURANCES. -
Each of the Parties covenants and agrees that he, his heirs,. executors, administrators,
successors and assigns will ..sign. such further agreements, .assurances; waivers and
documents, and influence, do and perform or cause to be done and performed such further
and other. acts and. things. as maybe necessary or desirable from time to time in order to give
fiz11 effect to this Agreement and every part thereof.
3.5 HEADINGS _
The headings of the Articles of this Agreement are inserted for convenience only and do not
constitute part of this Agreement: Or the headings and. the table of contents are_ for
convenience only and - do not form a part of this Agreement nor are they intended to
interpret, define or limit the scope; extent or intent of this Agreement or any provisions
hereof
3.6 SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and enure to the benefit of the parties .hereto and
their respective heirs; executors, administrators, successors and assigns.
3
3.7 GENDER
All words and personal pronouns relating thereto shall be read andconstrued as the number
and gender of the party or parties referred to ~in each case require -and the verb shall be
construed as agreeing with the required word and pronoun.
3.8 SEVERABILITY
If any covenant or provision contained herein is determined to be in whole or in part, invalid
or unenforceable by reason of any rule. of law or public policy, such invalidity or
unenforceability shall .not affect,. the validity or .enforceability of any other covenant or
provision contained herein and, in the case of partial invalidity or unenforceability of a
covenantor provision, such partial invalidity or unenforceability shall not affect the validity
or enforceability of the remainder of such ..covenant or provision, and such invalid or
unenforceable covenant or provision or portion thereof, as the case may be, shall be
severable from-the remainder of this Agreement.
3 9 ENTIRE AGREEMENT
This Agreement expresses .the final. agreement. among the parties hereto with respect to all
matters herein and no representations, inducements; promises or agreements or otherwise
among the parties not embodied herein shall be of any force and effect. This Agreement
Sha11 not be altered, amended or qualified except by a memorandum in writing, signed by all
the. parties hereto, and any alteration, amendment or qualification thereof shall be null and.
void and shall not be binding upon'any such party unless made' and recorded as aforesaid.
The,parties acknowledge that the doctrine of "contra: proferentem" shall not apply to
.any of the terms of this Agreement. l
3,10. EXECUTION IN COUNTERPARTS.
This Agreement may be executed in one or more counterparts, each of which when so
executed shall be deemed to be an original and all of which together shall constitute one and
the same.instrument. This Agreement maybe executed by facsimile: and any such facsimile
. copy shall be deemed to be an original and shall be bindingupon the'signatories thereto.
3.11 JURISDICTION
This agreement shall be governed in all regards, by the laws of the Province of Ontario,
3:12 ASSIGNMENT
- Subject to the terms of this agreement, this agreement is not. assignable without the consent
of all parties.
Continued on next page..
3.13 TRUE COPY
All of the parties hereto acknowledge having received a true copy of this document.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals this
g day of 2008.
SIGNED, SEALED AND DELIVERED }
in the presence of }
} THE CORPORATION OF THE
} TOWN OF TECUMSE
}
} Per:. .
} - Y
}
}
} L -CLERK
}
} AL XIS DENTAL LTD. ,
-,
Per:
David Mady, President.
I have authoriiy to bind the Corporation