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BYLAW - Indemnity Agreement - 19861103 - 287786BY-LAW NO. 2877-86 OF THE MUNICIPAL CORPORATION OF THE TOWN OF AURORA BEING'\A BY-LAW to authorize the I "" Mayor and Clerk to execute an acknowledgement and indemnity agreement. whereas the Municipal Council of the Town of Aurora deems it expedient to authorize the execution of an agreement with ~ear Round Nurseries and L3ndscaping Inc . ; NOW THEREFORE the Municipal Council of the Corporation of the Town of Aurora enacts as follows: l. That the Mayor and Clerk be and are hereby authorized to execute under the seal of the Corporation an Acknowledgement and Indemnity Agreement dated the 29th day of October 1986 between Year Round Nurseries and L3ndscaping Inc. and tlje Corporation.of the Town of Aurora, appended hereto. 2 . .'!hat the provisions of this By-law should come into force and be effective upon final passage thereof. READ A FIRST AND SECOND TIME THIS READ A THIRD AND FINAL TIME AND FINAlLY PASSED THIS :Jd 1986. -----..... MAYOR CLERK 1986. ACKNOWLEDGEMENT & INDEMNITY AGREEMENT made as of J~ ~day of OcTo-">cl<. THIS AGREEMENT ' 1986 B E T W E E N: YEAR ROUND NURSERIES & LANDSCAPING INC., a corporation incorporated under the laws of the Province of Ontario, (hereinafter called "Year Round"), OF THE FIRST PART, -and - THE CORPORATION OF THE TOWN OF AURORA, (hereinafter called the "Corporation"), OF THE SECOND PART. WHEREAS Year Round is the Purchaser of lands and premises at 162 Wellington Street East, in the Town of Aurora, in the Regional Municipality of York, more particularly described in Schedule "A" attached hereto (the "Property"); AND WHEREAS Instrument No. 47176A dated March 8, 1960 and registered on March 17, 1961 contains an easement in favour of the Corporation over the easterly 20' (the "Easement Lands") of the westerly 66' 1 3/4" of the Property, which easement grants to the Corporation the right to enter upon the Easement Lands for the purposes of laying down, constructing, maintaining and repairing sewers, drains and pipes for water in, under and upon the Easement Lands; AND WHEREAS the greenhouse structures located on the Property are located upon the Easement Lands. NOW THEREFORE in consideration of Two Dollars ($2.00) and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged by the parties hereto) the parties agree as follows: 1. The Corporation hereby agrees to permit Year Round and its successors in title to the Property to maintain the structures located on the Easement Lands. 2. The Corporation shall indemnify Year Round and save them harmless from and against any and all damage, claim, loss, cost or expense arising either directly or indirectly from or in :.;•· - 2 - connection with the exercise by the Corporation of its rights under the said grant of easement. 3. This Agreement shall enure to the benefit of Year Round and its successors and assigns, including its successors in title to the Property and shall bind the Corporation and its successors and assigns. IN WITNESS WHEREOF the Corporation of the Town of Aurora has affixed its corporate seal under the hands of its officers duly authorized in that behalf all as of the day and year first above written. SIGNED, SEALED & DELIVERED in the presence of ' ) THE CORPORATION OF ~ THE TOWN OF AURORA ~ ~ Per: . MJ~, ~ ~nrt:¢~ c/s ) SCHEDULE "A" ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in . the Town of Aurora in the Regional Municipality of York, being composed of Part of Lot 106, according to a Plan filed in the Registry Office for the Registry Division of York Region as No. 246, being more particularly described as follows: COMMENCING at an iron pipe planted in the southerly limit of the said Lot 106 . where it is interse!='ted by an old f~nce for the existing westerly limit of the sa1d Lot l06, the sa1d iron pipe being distant 675 feet 111& inches measured westerly thereon from an iron bar marking the easterly ·limit of the saicf Lot 106, and the easterly limit of the Town of Aurora; '!'HENCE NORTH 12 degrees 36 minutes West along said fence, 171 feet 3ls inches to an iron pipe in a line drawn parallel to and distant 170 feet 10-3/4 inches measured northerly at right angles from the Southerly limit of said Lot 106; '!'HENCE North 73 degrees 44 minutes East 303 feet 11 inches to a point; '!'HENCE SOOTH 16 degrees 16 minutes East 170 feet 10-3/4 inches to a point in the southerly limit of said Lot 106r '!'HENCE SOOTH 73 degrees limit of said Lot 106, commencement. 44 minutes West along the southerly 314 feet 111& inches to the point of SAVE AND EXCEP'l' thereout and therefrom the land taken by Instrument No. 40859A by the Regional Municipality of York (formerly County of York) for road widening purposes.