THE PARTIES TO THIS AGREEMENT ARE:
The Corporation of the County of Lanark
99 Christie Lake Road, Perth, Ontario K7H 3C6
Phone: (613) 267-1353; Fax: (613) 267-2793
E-Mail: roads@lanarkcounty.ca
(“County”)
AND:
___________________________________________________________ } Full Name(s)
___________________________________________________________ } Mailing Address
___________________________________________________________ }
___________________________________________________________ } Phone Number
___________________________________________________________ } Email
(“Landowner/Occupant”)
BACKGROUND:
1. County is the “road authority” under the Public Transportation and Highway Improvement Act, R.S.O.
1990, c. P.50, (“PTHIA”) and is responsible for all weed control on its roads pursuant to the Weed Control Act,
R.S.O. 1990, c. W.5 (“WCA”).
2. The term “road” has the same meaning as “highway” pursuant to the PTHIA and includes but not
limited to all highways, streets and ditches under the jurisdiction of County (“County Road”).
3. County uses various herbicides as vegetation control measures on County Road.
4. The Parties wish to enter into this No Spray Agreement (“Agreement”) to outline the rights and
responsibilities of the Landowner/Occupant in respect to vegetation management on certain parts of County
Road.
AGREEMENT:
The parties to this Agreement, in consideration of the mutual promises, terms, covenants, and conditions
contained in this Agreement, agree as follows:
1. County agrees to grant permission to the Landowner/Occupant whose lands abut County Road to
provide vegetation management on certain parts of County Road on the terms and conditions contained
herein.
2. The Landowner/Occupant shall carry out and be responsible for vegetation control measures in
accordance with paragraph 4 herein on that portion of the County Road lying between the edge of the shoulder
of the roadway and the boundary line of the Landowner/Occupant property, legally and graphically described
as:
Civic Address (PIN #): Road Name:
Lot: Concession:
Geographic Municipality:
GPS Coordinates: (to be completed by County)
(“Control Area”)
☐ Check this box if Agreement is NOT for the entire property (just at a specific location i.e. garden area)
(If you selected this option, attach a diagram indicating where the agreement applies to. Indicate your
house or significant landmark to assist County staff to ensure your request is clearly identified.)
3. The Landowner/Occupant hereby certifies to County that he/she is the registered owner of the lands
abutting the Control Area or is the occupant of the lands abutting the Control Area and has authority to enter
into this Agreement.
4. The Landowner/Occupant agrees to undertake vegetation control measures in the Control Area
according to the following standards:
(a) All “Noxious Weeds” as per the list of Noxious Weeds in the WCA will be completely destroyed (all
parts of the plant); and,
(b) Control the spread of all Noxious Weeds as per the list of Noxious Weeds in the WCA for the full
season.
(“Vegetation Control Measures”)
NO SPRAY AGREEMENT
5. The Landowner/Occupant shall carry out their responsibilities, as outlined in paragraphs 2 and 4. (a)
above on or before June 19, 2017. In the event County, in its absolute discretion, determines that the
Landowner/Occupant has not undertaken adequate Vegetation Control Measures, County shall notify the
Landowner/Occupant in writing at the email and/or mailing address provided on page 1 and the Control Area
shall return to County’s regular Roadside Vegetation Management Program, which may include roadside
spraying.
6. The Landowner/Occupant shall at all times save harmless and indemnify County, its elected officials,
officers, employees, agents and assigns from and against all claims, demands, losses, costs, damages, actions,
suits or other proceedings by whomsoever made, sustained, brought or prosecuted in any manner resulting from
or attributable to any term or provision of this Agreement including but not limited to liability for personal injury,
sickness, disease, death, damage to property or loss of any kind and however caused, whether arising out of
or allegedly attributable to the negligence, acts, errors, omissions, misfeasance, nonfeasance, fraud or willful
misconduct of County, its elected officials, officers, employees, agents, or anyone acting on behalf of the
County, or any of them, in connection with or in any way related to this Agreement.
MISCELLANEOUS
7. In this Agreement the number and gender shall be construed as the context requires.
8. The headings in this Agreement are for convenience only and do not constitute part of the terms of the
Agreement.
9. Time shall be of the essence of this Agreement.
10. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or
enforceability of any other provision and any invalid provision will be severable.
11. This Agreement constitutes the entire agreement between the parties and no other warranties are given
or implied.
12. This Agreement shall be governed by the laws of the Province of Ontario.
13. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns
respectively of each of the Parties hereto.
14. This Agreement shall not be amended or modified in any respect otherwise than in writing and executed
by the parties hereto or their respective heirs, administrators, successors or assigns.
15. The parties agree to execute all reasonably necessary documents in order to give effect to the terms and
effect of this agreement.
16. The term of this Agreement shall be from the date of signing by County to April 1, 2018. The Agreement
may be delivered in person, by email, by fax or mail. Only those Agreements that are signed and dated will be
accepted.
IN WITNESS WHEREOF the Parties have hereunto affixed their hands and seals.
THE CORPORATION OF THE COUNTY OF LANARK
Per:
* Date:
Terry McCann, Director Public Works
(I have authority to bind the corporation)
* * (seal) Date:
Witness
Print Name:
Occupant/Landowner