5. c) Attachment
Encroachment Agreement
THIS AGREEMENT made this 11th day of November, 2014.
BETWEEN:
Ted and Lucy Bidiuk
Herinafter called the “Licencees”
OF THE FIRST PART
– and –
The Corporation of the Township of Selwyn
Hereinafter called the “Corporation”
OF THE SECOND PART
WHEREAS Ted and Lucy Bidiuk (Licencees) are the registered owners of the
lands and premise known municipally as 827 Ward Street Selwyn Township, in
the County of Peterborough shown on the survey prepared by, signed the 2nd
day of May, 1979 a true copy of which is attached hereto as Schedule “A” and
more particularly described on Schedule “B” attached hereto the said lands and
premises being shown as Concession ECR Part Lot 12 Plan 4 PT Lot 56.
AND WHEREAS part of a proposed sign erected on the said lands and premises
encroaches by approximately 5 feet onto an unopened road allowance shown as
Hunter Street in the geographic Township of Smith, which said encroachment is
shown on Schedule “A”.
AND WHEREAS the Licencee has requested permission from the Corporation to
maintain aforesaid encroachment during the lifetime of said sign.
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of
the premises and of the covenants, and agreements hereinafter contained on
the part of the Licencee to be observed served, fulfilled and performed, the
Corporation herby grants to the Licencees (insofar as the Corporation can legally
do this) permission to maintain the sign encroachment upon the unopened road
allowance within the limits of the sign encroachment, during the lifetime of the
said building upon payment of the sum of ONE Dollar ($1.00).
1.
The Licencees in consideration of the granting of such permission hereby
covenant and agree with the Corporation as follows:
a) That in the event of the Corporation at any time enacting a by-law
levying an annual tax upon or over any highway, street of land in the
Geographic Township of Smith, the Licencees will pay, forthwith on
demand, whatever annual tax may be levied in respect of the aforesaid
encroachment permitted as aforesaid, over and upon the said street.
b) That the Licencees hereby indemnify and hold harmless the Corporation
against all actions suits, claims and demands, which may be brought
against or made upon the Corporation and against all loss, costs,
damages, charges or expenses whatsoever which may be sustained,
incurred or paid by the Corporation in consequence of the abovementioned encroachment permitted as aforesaid over and upon the said
road allowance or otherwise by reason of the exercise by the Licencees
of the permission hereby granted to maintain such encroachments over
and upon the said road allowance for the period permitted as aforesaid,
and the Licencees hereby grant to the Corporation full power and
authority to settle any action, suit claim and demand on such terms as
5. c) Attachment
the Corporation may deem advisable and hereby covenant and agree
with the Corporation to pay the Corporation on demand all monies paid
by the Corporation in pursuance of any such settlement, and also such
sum as shall represent the reasonable costs of the Corporation of its
solicitors in defending or settling any such action suit, claim or demand.
2.
AND IT IS UNDERSTOOD AND AGREED by between the parties hereto
as follows:
a) Nothing herein contained shall be construed as giving to the Licencees
anything more than permission (insofar as the Corporation can legally
do so) to maintain the aforesaid encroachment during the lifetime of the
said sign.
b) That the Corporation may, at any time and on reasonable grounds,
cancel the agreement by resolution of Council and that the Licensee
may, at any time and by written notice to the Corporation, cancel this
agreement. The sign is to be removed from public lands upon
cancellation of the agreement.
c) All such costs, charges and expenses so paid or incurred by the
Corporation as aforesaid and any such tax which may be levied as
aforesaid shall form and constitute a charge of lien on the Licencees’
interest in the said lands until fully discharges by payment thereof.
d) This Agreement will be registered against the said land and the costs of
preparation and registration of the same shall be paid by the Licencees.
e) This agreement and everything contained herein shall respectively
ensure to the benefit of and be binding upon the parties hereto, their
respective heirs, executors, successors and assigns.
IN WITNESS WHEREOF the owners have hereunto set their hands and seals
and the THE CORPORATION OF THE TOWNSHIP OF SELWYN has hereunto
affixed its corporate seal duly attested by the hands of its Mayor and Clerk and
The Party of the Second Part has hereunto affixed its corporate seal duly
attested by the hand of its proper signing officer in that behalf.
Ted Bidiuk
______________________
Lucy Bidiuk
We have the authority to bind the Corporation.
THE CORPORATION OF THE TOWNSHIP OF
SELWYN
Per:
Mary Smith, Mayor
Angela Chittick, Clerk
We have authority to bind the Corporation.
5. c) Attachment
SCHEDULE “B”
The lands are municipally known as
Concession ECR Part Lot 12 Plan 4 PT Lot 56.
Former Township of Smith
.