1
LICENCE OF OCCUPATION
(hereinafter called the “Licence”)
The parties to this Licence datedare:
name of Licensors:
parties Township of Madawaska Valley
Licensee:Eastern Ontario Trails Alliance
(hereinafter called the “Licensee”)
In consideration of mutual undertakings herein and the sum
of $2.00 receipt of which is acknowledged and subject to the terms and conditions in this Licence, the Owners, hereby delegate, licence and give full authority to the Licensee, to enter upon, occupy, use and enjoy the lands, described below, during the term of the License for the purpose of:
Management by the Eastern Ontario Trails Alliance which shall respect:
(a)The preservation of the continuity of the corridor
for tourism and other compatible economic uses;
(b)The management of the recreational corridor(s) as
a multi-use facility, representing the interests of recreational users, adjoining land owners and other interested groups;
(c)The development of the recreational corridor(s) as a recreational attraction contributing to the tourism and economy of the Eastern Ontario Region;
(d)The preservation and enhancement of the natural and cultural/human heritage along the corridor(s).
termThe effective commencement date of this Licence is the
date of execution by the Eastern Ontario Trails Alliance and it will be in effect for three years from that date, effective from May 1 to November 1 of each year. Any municipality wishing to withdraw from the License of Occupation shall serve notice of such intention a minimum of six months prior to the proposed date of withdrawal.
licensedThe lands forming the subject matter of this Licence
land
the former CN abandoned rail line with the limits of the Township of Madawaska Valley, namely from Wilno (at approximately Wilno North Road) to immediately south of Aylen Lake Road.
OwnersThe Eastern Ontario Trails Alliance Steering Committee
delegatewill act as the Owners’ delegate.
TERMS AND CONDITIONS
The parties agree to the following terms and conditions:
licence1.This Licence gives the Licensee only the right to use the land for
to occupythe purpose specified above, and does not convey any right, title or
onlyinterest in the land or in any trees standing, growing or being on
the land, now and in the future, or in any minerals, sand, gravel or similar materials, in, on, or under the land. Use of any such
materials, unless authorized herein, must have separate written approval from the Owners. Without limiting the generality of the
foregoing, this agreement is a licence and is not a grant, land use permit, or lease of land; and it does not entitle the Licensee to any permanent interest in the land whatsoever.
existing2.This Licence does not grant any rights in and over any road or any
roads nothighways crossing the land as at the date of this Licence.
affected
reservation3.The Owners reserve the right to use portions of the land for roads of future as required from time to time by the Owners.
road rights
prior4.Any building, structure, or works, to be erected on the land or any
writtenalteration, renovation, enlargement or reconstruction of
approvalimprovements, or alterations whatsoever, must be approved in
for work onwriting by the Owners, or their delegate, and any other applicable
or to landagencies or authorities. The application to the Owners, or their
delegates, for approval must contain a written description of the
work and the Licensee’s evaluation of the cost of the work.
duty to5.The Licensee shall maintain the land in a clean, sanitary and fire-
keepsafe condition and dispose of all garbage in an approved manner
cleanand, without limiting the generality of the foregoing, shall comply
at all times with all municipal, regional, provincial and federal
government environmental Acts and regulations with respect to its
operations.
access6.Access to the land by users, and quality of that access, is strictly
the responsibility of the Licensee. Prior written approval from the
Owners, or their delegate, must be obtained for any construction of
any road or other access facilities. The Owners reserve the right to
enter and inspect the land and the right of access for Owners’ purposes.
Licensee7.The Licensee shall pay all taxes, rates, duties and assessments that
to paymay be levied against the land, in the manner prescribed by the
taxes,taxing authority.
etc.
Licensee8.The Licensee covenants to indemnify and forever save and keep
toharmless the Owners, its officers, servants and agents from and
indemnifyagainst any and all claims, demands, suits, actions, damages,
Ownerslosses, costs or expenses arising out of any injury to persons,
including death, or loss or damage to property which may be or be alleged to be caused by or suffered as a result of or in any manner associated with the exercise of any right or privilege granted to the Licensee by this Licence. The Licensee shall obtain and keep in
force during the term of this licence comprehensive general liability insurance providing coverage in the amount of $5 million per occurrence and naming the owner as coinsureds. The policy will contain a cross liability clause. Proof of insurance will be provided to the Owners upon request.
written9.This Licence or any of the rights herein or in the lands which shall
approvalcreate an interest of over one year shall not be assigned,
fortransferred, subgranted, mortgaged or pledged to anyone without
assignment orthe prior written approval of the Owners, or their delegate. No
transfersuch assignment, transfer, sub-grant, mortgage or pledge will have any force effect even if it occurs with the knowledge or acquiescence of the Owners or their delegate if it is not first authorized in writing.
automatic 10.This Licence will automatically terminate, and all rights of the
terminationLicensee will expire, on the termination date, or bankruptcy or insolvency of the Licensee or on the winding up or dissolution of the Licensee’s affairs. This condition cannot be waived by the Owners and, if further use of the land is desired, an application for a new licence must be submitted, and approved.
revocation 11.The owners will give notice in writing to the Licensee of any
ofcontravention of any term or condition of this Licence which
Licencecomes to their attention and the Licensee will remedy the contravention within thirty days of receipt of notice. If the Licensee fails to do so within the time specified, the Licence will
automatically terminate on the expiration of the thirty day period.
Notwithstanding this provision, should it be brought to the attention of the Steering Committee that there are unsafe conditions or hazardous arrangements existing within the
corridor(s) the Licensee shall undertake to rectify the situation immediately upon being notified of the situation by either party.
disposition 12.Upon the expiration or termination of this Licence:
of assets on
termination(i)all improvements, property or other assets remaining on the land automatically become the property of the Owners and
the Owners have no obligation whatsoever to pay compensation for them and the Owners assume no liability for them;
(ii)the Licensee may, with the prior written approval of the
Owners, or their delegates, or shall, at the written request of the Owners, or their delegates, remove the improvements, property or other assets from the land and leave the land in a clean and safe condition, restored as much as possible to its original state except where the requirement to restore is waived in writing by the Owners, or their delegates;
(iii)where the Licensee fails to remove the improvements,
property or other assets from the land or fails to restore the land to a clean and safe condition within a reasonable time as determined by the Owners, or their delegates, the Licensee will pay to the Owners, any costs incurred by the Owners in selling, disposing of or destroying the improvements, property or other assets and in restoring the site to a clean and safe condition.
Licence13.The Licensee acknowledges and confirms that:
confers
no future(i)upon the expiration or termination of this Licence, the decision to
rightsissue a new Licence is at the sole discretion of the Owners, or their delegates, and the Licensee has no right to, nor reasonable
expectation of the issuance of a new Licence based on prior use of
the land;
(ii)the successive issuance of any Licence or Licences for the use of
the land will not create any future rights and interests whatsoever in the land in the Licensee or anyone else;
(iii)should any improvements whatsoever be made to or on the land,
this will not confer upon the Licensee any right to use the land other than within the terms of this Licence nor will it give the Licensee any right to or, any expectation of future licences;
(iv)there are no representations or warranties between the Owners, or
their delegates, and the Licensee for the use of the land; other than as herein set out.
(v)there are no conditions, other than those imposed by law, regulation or terms of this Licence, between the Owners, or their delegates,
and the Licensee for the use of the land.
notice 14.Any notice under this Licence shall be validly given to and received by the addressee if served personally or transmitted by fax or electronic mail, on the date of such personal service or transmission, or if mailed, on the third business day after the mailing of the same in Canada by prepaid post addressed:
(a)If to the Owners:
(ii)The Corporation of the Township of Madawaska Valley
PO Box 1000, 85 Bay St.
Barry’s Bay, ON
K0J 1B0
Telephone:(613) 756-2747
Fax:(613) 756-0553
(b)If to the Licensee:
Eastern Ontario Trails Alliance
255 Metcalf St
Postal Bag 1444
Tweed, ON
K0K 3J0
Telephone: (613) 478-1444
Fax: (613) 478-3325
or at such other address as either party may from time to time designate by
notice in writing to the other. In the event of disruption of postal services, all mailed notices shall be validly given and received when actually delivered to the address set forth above, or designated as aforesaid.
- This Licence is to be read with all changes in gender or number as required by the context.
- The Owners and the Licensee agree that the provisions of Schedule “A” to this Licence form a part of it as if fully incorporated herein.
IN WITNESS WHEREOF the parties have set their hands and seals.
Dated this______day of______2007.
TOWNSHIP OF MADAWASKA VALLEY
per:______
Mayor
per:______
Clerk
Dated this______day of______2007.
EASTERN ONTARIO TRAILS ALLIANCE
per:______
Chairman, Board of Directors
per:______
Co-ordinator, Eastern Ontario Trails Alliance
SCHEDULE “A”
1.The Licensee shall prepare a five (5) year management plan to cover the operation of the corridor(s). Presentation of the revised five-year plan will be made at two Open House Forums to be approved by the Steering Committee.
2.The Licensee shall prepare and submit an annual operating plan to be approved by the Township of Madawaska Valley. The operating plan is to be submitted by September 30th each year.
3.All approval requests from the Licensee shall be made in writing.
4.Eastern Ontario Trails Alliance will have stewardship of the property from May 1 to November 1 of each year. The OFSC/SnowCountry will retain stewardship during the months/dates otherwise.
5.The Township of Madawaska Valley shall assume that time is of the essence and will respond
to all requests in a timely manner. It is expected that all requests should receive
consideration by the Township at regular meetings.
6.All funds collected by the Licensee from users of the trail must flow to the benefit of the trail.
7.The Licensee shall submit a yearly report to the Township of Madawaska. This report
will include an annual audited financial statement and a yearly activity report
summary. The report is to be submitted by September 30th each year.
8.The Owners and the Licensee are deemed to be “occupiers” of the property and
therefore both entitled to control the use of the property under the Trespass to Property Act.
9.The Licensee will be responsible for signage and control of the public use of the
corridor(s).
10.The Owners shall not be obliged to fund the management or capital improvement of the corridor(s). It is expected that the Licensee shall receive funds available under specific government programs and the Licensee is entitled to raise funds through approved activities or services provided within the corridor(s). On occasion, financial requests may be made by the Licensee to each of the owners.
IN WITNESS WHEREOF the parties have set their hands and seals.
Dated this ______day of ______2007
Township of Madawaska ValleyEastern Ontario Trails Alliance
per:______per:______
Mayor Chairman
per:______per:______
CAO/ClerkGeneral Manager