Minutes City Council Monday, December 16, 2019

Page 8 of 24

(c) Indemnify the City of Windsor against all claims which may arise by reason of its occupying section of City lands herein before listed and file with the Corporation a Certificate of Insurance evidencing proof of Commercial General Liability insurance with limits of at least $2,000,000.00 per occurrence, with an endorsement naming The Corporation of the City of Windsor as an additional insured, and including cross liability and 30 days notice of cancellation provisions.

The Certificate of Insurance must be satisfactory in form and content to the Risk Management Division and be provided to the Corporation at the commencement of this encroachment and upon each renewal thereafter.

(d) Pay a $300.00 fee to the Engineering Department for the preparation of the agreement, to be signed by the property owners. (PAID)

(e) Pay a surcharge in the amount of $102.00 to the Engineering Department, as required by M67-2015. (PAID)

(f) Pay a one-time encroachment fee outlined in the Financial Matters, calculated according to M67-2015, and any and all applicable provincial and federal land taxes, etc.

(g) Remove the encroachment and restore the area within 60 days to the condition of the surrounding area upon receipt of written notice by the City Engineer to do so.

(h) That the Owners acknowledge that the grant of encroachment does not in any way diminish the City's rights arising out of the grant of easement to the owners.

III. That the Chief Administrative Officer and City Clerk BE AUTHORIZED to sign the agreement, satisfactory in form to the City Solicitor and in technical content to the City Engineer, in accordance with By-law 208-2008 as the authority for encroachments.

IV. That any new or existing encroachments within this sanitary sewer easement along Aspenshore Avenue and Aspenshore Court (Appendix C), BE APPROVED with the same conditions and process as outlined in Recommendation II above.

V. That a "No Fee" Right-of-Way permit be issued to these residents who have applied for an encroachment agreement as well as any Aspenshore Avenue and Aspenshore Court properties having soft landscape within this easement. Carried.

Report Number: SCM 439/2019 & S 196/2019 Clerk's File: SE/13635