3326 To authorize an agreement with Community Living to allow for an Encroachment : Agreement for 51 Brock Street East. :THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NUMBER 3326
A BY-LAW to authorize an agreement with Community Living to allow for an Encroachment
Agreement for 51 Brock Street East.
WHEREAS The Town of."Fillsonburg is desirous of entering into an encroachment agreement
with the Community Living for 51 Brock Street East to allow for the construction of an awning
sign;
THEREFORE the Council of the'l-own. ofTillsonburg enacts as follows:
THAT Schedule "A" attached hereto fon-ns 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 of Tillsonburg.
READ A FIRST AND SECOND TIME THIS 14t" DAY OF July, 2008.
READ A T#fRD AND FINAL TIME AND PASSED THIS 14"' DAY OF July, 2008.
MAYOR -Stephen Molnar
CLERK -Michael Graves
AGREEMENT
AGREEMENT made in Quadruplicate this day of )."008
BETWEEN:
Tillsonburg and District Association for Community Living
hereinafter called the "Owner"
OF THE FIRST PART
and
-4
TFIE CORPORATION OF THE TOWN OF TILLSONBURG
hereinafter called the "Municipality"
OF THE SECOND PART
1. The Owner represents that they are the Owner of the lands and premises (hereinafter called
"the lands") described as
2. The Owners have requested the Municipality to grant them permission to maintain and use
the structure the encroaches upon Brock Street West in the Town of Tillsonburg by 24"
(hereinafter called "the encroachment") as depicted on the plan which is Schedule "A"
annexed hereto and made part of this agreement.
3. The lands of the Owners arc known municipally as 51 Brock Street West, Tillsonburg.
4. The Council of the Town of Tillsonburg, at its meeting of June 23"d12008, 2001 has agreed
to grant such peri -n1 ssion 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, being By-law No. 3326
NOW THEREFORE, in consider(,-ition 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 1161lows:
1. The Municipality, during the pleasure of its Council, subject to the terms, conditions and
covenants of this Agreement shall allow the Owners and the Owner for the time being of the
lands, the prlvllcdgc ot.'rnaintaining and using the structure on lands known municipally as
51 Brock Street West that encroaches upon Brock Street in the Town of Tillsonburg more
particularity depicted in Schedule "A" annexed hereto until such time as the said structure
shall be demolished, removed or destroyed or otherwise ceases to exist or until any such part
of parts of the said highway so encroached upon is or are required by the Municipality for
any purpose whichever shall first occur.
2. The Owners shall maintain the encroachment in all respects to the satisfaction of the
Municipality upon its direction.
3. The 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, darnages, charges and expenses whatsoever which
may be incurred, sustained or paid by the Municipality in consequence of the encroachment
or otherwise by reason of the exercise by the Owners of the permission hereby granted to
maintain this encroachment over and upon the said highway 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 defending or settling any
such action, suits, claims or demands.
4. If aty any tirne hereinafter the Council of the Municipality in its sole discretion,) resolves to
ten-n1natc the privileges granted therein, the Owners agree to remove the encroachment or
any part or parts thereof within sixty (60) days next after notice in writing of such resolution
has been delivered or posted by prepaid mail to the owners at their address at the aforesaid
premises 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. If the owners shall fall to maintain the encroachment in a safe condition to the satisfaction of
the Municipality in its sole discretion or fail 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 deteri-nination of which time can be inade 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 o\vn servants or by some other person and the costs shall be determined and
evidenced by a certi ficate of the Treasurer ofthe 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 rncrly at the sole option of the Municipality be recovered by if from the
Owners in like manner as municipal. taxes as prescribed in Section 326 of the Municipal Act,
R.S.O. 1990, Chapter M.45
6. No length of time or of'enjoyment by the Owners of the encroachment or any part or parts
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 casement 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.
7. The owners covcnant and agree with the Municipality that the encroachment upon the said
highway shall be limited to the encroachment depicted in Schedule "A" of this Agreement
and that they will not increase extend or enlarge or permit the increase, extension or
enlargement of the said encroachment in any manner whatsoever.
8. The owners covenant and agree with the Municipality that this agreement may 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.
9. The owners covenant and agree with the Municipality that in the event of the Owners
transferring 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.
10. 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 Community Living Tillsonburg, The
l-,ivingston Centre, 96 Tillson Avenue, Tillsonburg, Ontario N4G 3AI.
11. The owners shall allow the continuation of the encroachment such encroachment more
particularly depicted in Schedule "A" annexed hereto, shall allow maintenance, repair, or
replacement works as deemed necessary by the Municipality frorn time to time.
12. "Phis agi-ccnicnt and everything herein contained shall respectively enure to the benefit of and
by binding upon the said parties hereto, their heirs, executors, administrators, successors and assigns
respectively.
In witness whereof the said parties hereto, have hereunto set their hands and seals and the
Corporations have hereunto caused to be fixed their Corporate Seals under the hands of their duly
authorized officers in that behalf of this day of 12008.
SIGNED, SEALED and DELIVERED
in the presence of (OWNER
(TDACL
(THE CORPORATI OF THE
OF
(TOWN TIL NBURG
0
RPO
F T
TEPHEN M;MOLN R
: N LR
(CLERK
(MICHAEL GRAVES