3892 To authorize an Encroachement Agreement with the Canadian Broadcasting CorporationCORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NO. 3892
BEING A BY-LAW TO AUTHORIZE AN ENCROACHEMENT
AGREEMENT WITH THE CANADIAN BROADCASTING COPORATION
WHEREAS the Corporation of the Town ofTillsonburg is desirous of entering into an
encroachment agreement with the Canadian Broadcasting Corporation for the propose of
erecting a repeater antenna on the Tillsonburg Community Centre.
THEREFORE the Council of the Town ofTillsonburg enacts as follows:
1. THAT the encroachment attached hereto as Schedule "A" forms part of this By-Law;
2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement
marked as Schedule "A" on behalf of the Corporation of the Town ofTillsonburg;
3. AND THAT this By-Law shall come into full force and take effect after the final passing
hereof.
READ FOR A FIRST AND SECOND TIME TillS 23RD DAY OF MARCH, 2015.
READ A THIRD AND FINAL TIME AND PASSED THIS 23RD DAY OF MARCH, 2015.
··MAYOR-Stephen Molnar
MUNICIPAL CLERK-Donna Wilson
THIS AGREEMENT made this Y.~ay of ... Nlu.d:J ..... , 2015
BETWEEN:
THE CORPORATION OF THE TOWN OF TILLSONBURG
Hereinafter called the "Town"
OF THE FIRST PART;
-and-
THE CANADIAN BROADCASTING CORPORATION
-Hereinafter called the "Encroaching Party"
OF THE SECOND PART;
WHEREAS the Encroaching Party proposes to erect a repeater antenna on the
Tillsonburg Connnunity Centre, as indicated on the drawings that have been attached as Schedule
"A" (the "Encroachment");
NOW THEREFORE this Agreement witnesseth that in consideration of the premises
and the sum of TWO ($2.00) DOLLARS oflawful money of Canada now paid by the Encroaching
Party to the Town, and for other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the parties agree and covenant as follows:
1. The parties hereto confirm the accuracy and truth of the foregoing recitals.
2. The Town agrees to permit the Encroachment, subject to the terms and conditions of this
Agreement.
3. The term of this Agreement shall be from April 1, 2015 to April 1, 2020 (the "Term"),
unless otherwise terminated in accordance with this Agreement. At the expiration of the
Term, the Encroachment shall be immediately removed by the Encroaching Party, at the
Encroaching Party's sole cost, and the Town's property on which the Encroachment was
located shall be put in the same condition as it existed prior to the Encroachment by the
Encroaching Party or as directed by the Town, acting reasonably.
4. . Provided the "Encroaching Party" pays the License Fee when due and performs and observes
all the covenants, provisos and conditions on the Encroaching Party's part herein contained, the
Town hereby grants to the Encroaching Party the option to renew this Agreement for two (2)
additional term(s) of five (5) each upon the same terms and conditions as herein contained. In
order to exercise any of these option(s) herein granted, the Encroaching Party shall give to the
Town not less than one (1) year's prior written notice of its intention to exercise the aforesaid
option and provided always that the site owned by the Town is, at the time of such renewal and
EncAgr 15-0 I -CBC antenna at TCC. v2.docx 1/4
in the Town's sole opinion, legally, technically and/or structurally acceptable for continued use
by the Encroaching Party.
5. The Encroaching Party agrees to pay to the Town, upon its execution of this Agreement
and on each yearly anniversary of the execution for the duration of the Term, a licence fee for
the Encroachment in the amount of one thousand dollars ($1 ,000.00), for a total amount during
the Term of five thousand dollars ($5,000.00). The Town reserves the right to adjust this license
fee for the second and subsequent Terms, if entered into.
6. The Encroaching Party agrees that if the Encroachment is removed or otherwise altered by the
Encroaching Party, or by a third party, at any time, without the express written consent of the
Town, the Encroaching Party's rights under this Agreement shall be inunediately terminated.
Once the Encroaching Party's rights have been terminated, the Encroachment shall be
immediately removed by the Encroaching Party, at the Encroaching Party's sole cost, and the
Town's property on which the Encroachment was located shall be put in the same condition as
it existed prior to the Encroachment by the Encroaching Party or as directed by the Town,
acting reasonably.
7. The Encroaching Party shall not acquire title by possession or prescription to the Town's
property on which the Encroachment is located and the Encroaching Party expressly
acknowledges that the Town's property on which the Encroachment is located is owned by the
Town.
8. The Encroaching Party agrees to ensure that the Encroachment complies with all relevant Town
By-Laws, subject to the terms and conditions of this Agreement.
9. The Encroaching Party agrees to pay to the Town all legal and other costs associated with the
preparation of this Agreement.
10. The Encroaching Party agrees to indemnify and hold harmless the Town, its Councillors,
employees and agents, at all times hereafter, from any and all claims for loss, costs, charges,
expenses or damages arising from the acts or omissions of the Encroaching Party, its
employees, agents or anyone for whom the Encroaching Party is at law responsible, in respect
of the maintenance, alteration or use of the Encroachment, save and except in case of gross
negligence of the Town and/or its representatives. The Encroaching Party shall provide the
Town with proof of insurance in the amount of $2,000,000.00, in a form satisfactory to the
Town, and name the Town as an additional insured, to support this indemnity.
11. No alterations or improvements shall be made to the Encroachment, at any time, without the
express written consent of the Town, such consent not to be unreasonably withheld, and any
alterations or improvements to which the Town has consented shall be performed and
completed at the Encroaching Party's sole expense.
12. The Encroaching Party agrees that this Agreement may be terminated on one (1) year's written
notice by the Town to the Encroaching Party and, in such case, the Encroachment shall be
completely removed by the end of the notice period by the Encroaching Party, at the
EncAgr 15-01 -CBC antenna at TCC.v2.docx 214
Encroaching Party's sole cost. Following which, the Town's property on which the
Encroachment was located shall be put in the same condition as it existed prior to the
Encroachment by the Encroaching Party or as directed by the Town, acting reasonably.
13. This Agreement is not transferable or assignable by the Encroaching Party without the express
written consent of the Town. Any attempt to transfer or assign any of the rights, duties or
obligations of this Agreement by the Encroaching Party, without the Town's express written
consent, is void.
14. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their
respective heirs, executors, administrators, successors and permitted assigns.
15. This Agreement constitutes the entire agreement between the parties pertaining to the subject
matter hereof and supersedes all prior and contemporaneous agreements, understandings,
negotiations and discussions of the parties. There are no warranties, representations or other
agreements in connection with the subject matter of this Agreement except as specifically set
forth herein.
IN WITNESS WHEREOF the parties have executed this Agreement.
SIGNED, SEALED and DELIVERED
in the presence of
w·~ (£.(; 1tness A 7i/V 1..NJ1:>A
Witness ~'«·WN l.AAil\C.
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THE CANADIAN BROADCASTING
CORPORATION
MH-e77,.,J fl. MJ4"'.lo 771!.
hu2.E.LTDR, TRrl,fSA-j/5JJ,./
ION OF THE TOWN
URG· c__
Stephen Molnar, Mayor
per:~ --··
Donna Wilson, Clerk
IIW e have the authority to bind the
Corporation.
3/4
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SCHEDULE"A"
DRAWINGS OF THE PROPOSED SIGN OR AREA OF USE
ELEVATION DIAGRAM OF TOWER AND BROADCAST ANTENNA(S)
TILLSONBURG, ONTARIO
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