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DISTRICT OF HOUSTON
BYLAW NO. 691. 1996
A bylaw
to authorize highway
encroachments
The Council of the District of Houston,
in open
meeting
assembled,
enacts
as a bylaw
as follows:
1.
CITATION
This Bylaw
may be cited as the "District of Houston
Highway
Encroachment
Bylaw
No. 691,
1996."
2.
The Mayor
and Clerk Administrator
are authorized
to execute
agreements
with owners
of
property
in the District substantially
in the form of Schedule
"A" attached
to and forming
part
of this bylaw for the purpose
of authorizing
encroachments
on highways
in the District.
READ A FIRST TIME ON THE 14th DAY OF March, 1996
READ A SECOND TIME ON THE 14th DAY OF March,
1996
READ A THIRD TIME ON THE 14th DAY OF March, 1996
RECONSIDERED AND FINALLY ADOPTED ON THE 19th
DAY OF March,
1996
AYOR T. EU ERMAN
CLERK, BILL BEAMISH
SCHEDULE "A"
District of Houston
Bylaw No. 691,
1996
HIGHWAY ENCROACHMENTAGREEMENT
THIS AGREEMENT dated for reference
the
day of
, 199
BETWEEN:
DISTRICT OF HOUSTON, a municipality
incorporated
under the Municipal Act, R.S.B.C.,
c290
and having
a postal
address
at Box 370,
Houston,
B.C. VOJ IZO
("Houston")
OF THE FIRST PART
AND:
(the
"Developer")
OF THE SECOND PART
WHEREAS:
A.
The Developer
has requested
permission
from Houston to encroach
upon lands which Houston
possesses
for highway
purposes
for the benefit of the public;
and
B.
Houston
may
by bylaw
regulate
the
use
of highways
and establish
terms
and conditions
according
to which
a person
may obstruct
and encumber
a highway;
and
C.
Houston has enacted
Highway
Encroachment
Bylaw No. 691, 1996 authorizing
encroachments
on highways
in the District;
NOW THEREFORETHIS AGREEMENTWITNESSES that in consideration
of the premises
and covenants
herein contained,
and the sum of Fifty
($50.00)
Dollars now paid by the Developer
to Houston,
the
receipt
of which is hereby
acknowledged
by Houston,
the parties
agree
as follows:
District of Houston
Higway
Encroachment
Agreement
- Page
2
--
Houston
grants
to the Developer
permission
to enter on the Encroachment
Areas and to place,
construct,
operate,
use,
maintain,
renew,
alter,
repair,
replace and remove the Works.
As security
for the performance
by the Developer
of its obligation
to maintain the Works in
accordance
with this Agreement
and remove
the Works
in accordance
with Section
7, the
Developer
shall upon execution
of this Agreement
deposit
with Houston a clean, unconditional
letter
of credit
valid for at least one year
drawn
on a Canadian
chartered
bank in a form
approved
by Houston,
in the amount
of $
(the "Maintenance
Security").
The
Developer
agrees
that
Houston
may
draw
down
the Maintenance
Security
to
maintain
or
remove
the Works or any portion
of them on the Developer's
default,
and if the Maintenance
Security
is insufficient
to
pay
the
costs
of maintenance
or removal of them
the
Developer
agrees
to pay such deficiency
to Houston
immediately
on receipt
of Houston's
invoice
and
immediately
replace
the
Maintenance
Security
if any
portion
of the Works
remains
in the
Encroachment
Areas.
The Developer
agrees
to renew
the Maintenance
Security
as required
from time to time and agrees
that,
if at any time the Maintenance
Security
is not renewed
at
least 30 days prior to its expiry,
Houston
may draw down the Maintenance
Security
and hold
the funds as security.
Acknowledgment
of Highway
4.
The Developer
acknowledges
and agrees
that the Encroachment
Areas are highways
and that
Houston has limited power
to authorize the private
use of a highway.
The Developer
further
acknowledges
and agrees
that
any
rights
granted
by Houston
to the
Developer
herein
are
subject
to the public's
right
to
pass
and repass
over a highway
and that
Houston
has full
authority
pursuant
to this Agreement
to require
the removal
of the encroachments
permitted
herein,
at any time, without
notice and without
compensation
to the Developer.
Houston
agrees
to act reasonably
in requiring
the removal of the encroachments
and in particular
agrees
not
to require their removal
except
in circumstances
where and to the extent
that such removal
is required
to enable Houston
to occupy
and use the Encroachment
Areas
as a highway.
Maintenance:
5.
The
Developer
shall
upon
execution
of this
Agreement
provide
to
Houston
evidence
of
insurance
required
by Section
12.
The Developer
shall
at
all times
maintain
the Works
in accordance
with sound
building
maintenance
practices,
and shall within a reasonable
period of time remedy
such deficiencies
in the Works
as may
be noted
in writing
to the
Developer
by the Superintendent
of Public
Works.
District of Houston
Higway
Encroachment
Agreement
-- Page 3
-
Relocation
9.
If any
highway
under or on which
any
part
of the Works
is constructed
is required
for the
installation of municipal utilities or other highway
purposes
such that the removal or relocation
of the Works
or a portion
of the Works
is in the
opinion
of Houston
reasonably
required,
Houston
shall give the Developer
notice and the Developer
shall within a reasonable
period of
time after receipt
of such notice
remove
or relocate the Works or the portion
of the Works
affected,
all at the sole expense
of the Developer.
Ownership
10.
The Parties agree that the Works shall remain the property
and responsibility
of the Developer
but that Houston
shall have the right to maintain and remove
the Works
or any
part
of them
upon the default of the Developer.
Indemnification
11.
The Developer
shall indemnify
and save harmless Houston,
its officers,
employees,
elected and
appointed
officials, contractors
and agents
from and against
all actions,
proceedings,
claims and
demands
by any person
and shall reimburse Houston for all damages
and expenses
caused or
contributed
to
by the
negligence
or other default
of the Developer,
its servants
or agents
in
respect
of anything
done pursuant
or ostensibly
pursuant
to this Agreement
including
without
limitation the maintenance
and operation
of the Works.
Insurance
12.
Notice
13.
The Developer
shall purchase
and maintain
in force for so long as the Works or any
part
of
them are located in the Encroachment
Areas a policy of insurance
providing
coverage
of at least
two
million dollars for repair of the Works and liability to third parties
in the event
of damage
resulting
from the construction
of the Works
in the Encroachment
Areas and liability
to third
parties.
The policy shall include Houston as a named insured and shall contain an endorsement
prohibiting
its cancellation
or amendment
of its terms
until 30 days after written notice of such
cancellation
or change
is given to Houston.
The Developer shall provide Houston with evidence
of each renewal
of the policy
to the satisfaction
of the Clerk Administrator.
Any
notice
or other
communication
required
or contemplated
to be given
or made
by any
provision
of this Agreement
shall be given
or made in writing
and either delivered
personally
(and
if so shall be deemed
to be received when delivered)
or mailed by prepaid
registered
mail
District of Houston
Higway
Encroachment
Agreement
- Page 4
-
and:
to Houston
at:
District of Houston
Box 370
Houston,
B.C.
VOJ IZO
or to any other address
of which a party
hereto from time to time notifies the other
party
in
writing.
Enurement
14.
This Agreement
shall enure
to the benefit
of and be binding
on the parties
hereto
and their
respective
successors
and assigns.
15.
Schedules
"A" and "B" are annexed
to and form part of this Agreement.
IN WITNESS WHEREOFthe parties
have hereunto
caused
their corporate
seals to be affixed,
attested
to by the signature
of their officers
in that behalf,
the day and year first above written.
The Corporate
Seal of the
DISTRICT OF HOUSTON was
hereunto
affixed
in the
presence
of:
(Corporate
Seal)
Mayor
Clerk Administrator
The Corporate
Seal of