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3339 To authorize an encroachment agreement with Barry and Jeannelte McLuhanTHE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3339 A BY-LAW to authorize an encroachment agreement with Barry and Jeannette McLuhan. WHEREAS 'I'licTown of"I'l I I son burg is desirous of entering into an encroachment agreement Nvith. Barry and Jeannette Mct,uhan-, THEREFORE the Council ol'the 'l'own of'l"illsonburg enacts as follows: 1'. JTlA'1'Schedule '*'A" attached hereto fiornis part of this by-law-, 2. '1'1-]A'f' the Mayor and Clerk be hereby authorized to execute the attached agreement marked as Schedule "A on behalf of the Corporation of the Town of'fillsonburg. READ A FIRST AND SECOND TIME THIS 81h DAY OF September, 2,008. READ A THIRD A.� FINAL TIME AND PASSED THIS 8" DAY OF September, 2008. MAYOR -Stephen Molnar 4 (.1,1'.RK-Michael Graves EE AGREEMENT AGREEMENT made in Quadruplicate this 8th day of September, 2008 BFTW11-4 _IN: and Barry and Jeannette McLuhan hereinafter called the "Owners" 01A "T1 I t -4 I RST PARI. "1.1-11; CORPORATION 01� TFIF TOWN OF TILLSONBURG hereinafter called the "Municipality" OF TIJE SECOND D PART l . The Owners represent that they are the Owner of the lands and premises (hereinafter called "the lands"') described as Part of Lot 542, Plan 500, South Side of Delevan Crescent, known Municipally as 17 Dcle<<ran Crescent, Town of "I'illsonburg, County of Oxford. 2. The Owners have requested the Municipality to grant them permission to maintain and use a deck that encroaches on I_,and described as Lot 541, Plan 500 (hereinafter called "the encroachment") as depicted on the plan which is Schedule "A" annexed hereto and made part of this agreement. 3. The Council of the 'Town of Tillsonburg, at its meeting of August 11, 2008 has agreed to grant such permission to the Owners to maintain the encroachment as previously described subject to the terms, conditions and provisions of this Agreement and this Agreement has been authorized by a by-law of the Council, beim, By-law NOW THEREFORE, in consideration of the premises, and other good and valuable consideration and the covenants and agreement hereinafter to be performed, the parties hereto covenant and agree as follows: 1. The Municipality, CILii-ing the pleasure of its Council, subject to the terms, conditions and covenants of this Agreement shall allow the Owners for the term indicated below the privilege of using the lands as though they were their own. Those lands are more particularly described as upon part of lot 541 in the Town of Tillsonburg more particularly depicted in Schedule ``A" annexed hereto 1-7or the term described herein. �'he Owners shall n-iaintain the encroachment in all respects to the satisfaction of' the Municipality upon its direction. �., "i'he Owners will always indemnify and keep indemnified the Municipality against all actions, suits, claims and demands which may be brought against or made upon the Municipality and against all loss, costs, damages, charges and expenses whatsoever which may be incurred, sustained or paid by the Municipality in consequence of the encroachment or otherwise by reason o f the exercise by the Owners of the permission hereby granted to maintain this encroachment over and upon the said walkway and the Owners hereby grant to the Municipality full power and authority to settle any such actions, suits, claims and demands on such terms as the Municipality to pay to the Municipality on demand all monies paid by the Municipality in pursuance of any such settlement and also such sum shall represent the reasonable costs of the Municipality or its solicitors in df�fending or settling any such action, suits, claims or demands. The Owners shall provide proof of liability insurance to the [ own. 4. Ifat any time hereinafter the Council of the Municipality resolves to terminate the privileges granted therein prior to the end of term in clause 12, "The Owners will be given two years notice. The Owners agree to remove the encroachment or any part or parts thereof within sixty ('60) days next after the end of notice and the Owners shall not be entitled to claim any damages whatsoever for the removal of the encroachment or any part or parts thereof. 5. In the event of an emergency the Municipality will be allowed to enter onto the land and pciTorm Such necessary works as to end the emergency. 6. If the owners shall tail to maintain the encroachment in a satL, condition to the satislaction of the Municipality in its sole discretion or Eail to remove the encroachment or any part of parts thereof pursuant to the provisions of the next preceding paragraph of this Agreement or if, on the request of the Municipality, they refuse or neglect to repair the encroachment or any part or parts thereof within a reasonable time, the determination of which time can be made by the Municipality in its sole discretion,) or remove the encroachment or any part or parts thereof within sixty (60) days after demand therefore by the Municipality, then the Municipality may cause the required work to be done or the required removal to be effected either by its own servants or by some other person and the costs shall be determined and evidenced by a certificate ofthe 'Treasurer of the Municipality and this determination shall be final. All such costs., charges and expenses so paid or incurred on the lands until fully discharged by the payment thereof and the jurisdiction as a debt owing by the Owners to the Municipality or may at the sole option of the Municipality be recovered by if from the Owners in like manner as municipal taxes as prescribed in Section 32.6 of the Municipal Act", R.S.O. 1990, Chapter M.45. T No length of time or of enjoyment by the Owners of the encroachment or any part or parts -1 thereof shall ensure or give a right to the Owners or their heirs, successors or assigns to maintain the encroachment or any part or parts thereof or acquire an easement or shall deprive the Municipality by the operation of any statute of limitation or otherwise of any right to require the removal of the encroachment or any part or parts thereof. 8. The owners covenant and agree with the Municipality that the encroachment upon the said lands shall be limited to the encroachment depicted in Schedule "A" of this Agreement and that they will not increase, extend or enlarge or pern-iit the increase'. extension or enlargement ofthe said encroachment in any manner whatsoever. 9. The owners covenant and agree with the Municipality that this agreement i-i-iay be registered against the title to the lands and that the costs of the preparation and registration of this agreement shall be paid by the Owners. 10. The owners covenant and agree with the Municipality that in the event of the Owners trans6erring or selling the lands or any part thereof the Owners shall forthwith notify the Municipality in writing of such transfer or sale together with the name and address of the transferee or purchaser. 11. The owners covenant and agree with the Municipality that for the purpose of this agreement, notice may be given to the Owner or owners for the time being, by mailing the notice post paid and addressed to the owners of the address of 17 Delevan Crescent, Tillsonburg, Ontario.. 12. �.. Tlie owners further agree that the term of this encroachment shall be fi-om September 1, 2008 to September 1, 2029. 13. Ifat the end ofthe term the parties agree the encroachment can be extended with another similar agreement. 14. This agreement and everything herein contained shall respectively enure to the benefit of and by bindinv-, upon the said parties hereto, their heirs, executors, administrators, successors and 7 assigns respectively. In witness whereof the said parties hereto, have hereunto set their hands and seals and the ( I -'.orporations have hereunto caused to be fixed their Corporate Seals under the hands of their duly authorized officers in that behall'ofthis day of ')008. SIGNED, SEALED and DELIVERED in the presence of (OW 'R (._ (BARRY MCLUHAN (. E A 4N7�EA` T T M L U H A N (']'HE CORPORATION OF THE (TOWN OF TIL ON13URG VR EN MOLNAR ( i (CLERK (MICHAEL GRAVES w 0 0 z x w ►'n Q SCALE: 1/4 1'--0"