BY-LAW NUMBER 90 OF 1996 OF THE CITY OF SARNIA. "A By-Law to Authorize an Agreement with Allan Joseph Vansteenkiste and Manda Irene Vansteenkiste"

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1 BY-LAW NUMBER 90 OF 1996 OF THE CITY OF SARNIA "A By-Law to Authorize an Agreement with Allan Joseph Vansteenkiste and Manda Irene Vansteenkiste" WHEREAS it is deemed expedient that The Corporation of the City of Sarnia enter into an Agreement with Allan Joseph Vansteenkiste and Manda Irene Vansteenkiste. NOW THEREFORE the Municipal Council of The Corporation of the City of Sarnia enacts as follows: 1. The corporation of the City of Sarnia is authorized to enter into an Agreement with Allan Joseph Vansteenkiste and Manda Irene Vansteenkiste, in the form of the Agreement a copy of which is annexed to this By- Law. 2. The Mayor and Clerk are authorized to execute such Agreement and to affix to it the corporate Seal of The Corporation of the City of Sarnia. 3. This By-Law comes into force and effect upon being finally passed. FINALLY PASSED this ~ day of, Clerk

2 AGREEMENT made this day of, BET WEE N: ALLAN JOSEPH VANSTEENKISTE and MANDA IRENE VANSTEENKISTE (hereinafter called "the Owner - and - OF THE FIRST PART THE CORPORATION OF THE CITY OF SARNIA (hereinafter called "the City" OF THE SECOND PART WHEREAS By-Law Number was enacted by the Municipal Council of The Corporation of the City of Sarnia to authorize maintenance of the encroachment of the building located upon the west half of Lot 26 on the north side of Davis street and east side of Brock street, victoria Block, according to Registered Plan 9 (SA for the city of sarnia, municipally known as 206 Davis Street Street, Sarnia, which building encroaches upon Brock Street in the city of Sarnia to the extent and in the manner shown upon Schedule "A" annexed to the By-Law aforementioned; AND WHEREAS the Owner has requested to continue the encroachment and has agreed to indemnify and save harmless the City from all losses, costs and damages which might arise by reason of such encroachment. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and authority granted by the said By-Law Number of the City of Sarnia, the Owner covenants and agrees: 1. To indemnify and save harmless the City from all claims, demands, losses, costs, charges and expenses which the City may sustain, incur or be liable for in consequence of the authorization given by the said By-Law to maintain said encroachment.

3 This Agreement shall be binding on the Parties and their respective heirs, executors, administrators, successors or assigns. this Agreement. IN WITNESS WHEREOF the parties hereto have executed SIGNED, SEALED AND DELIVERED in the presence of witness witness ALLAN JOSEPH VANSTEENKISTE MANDA IRENE VANSTEENKISTE THE CORPORATION OF THE CITY OF SARNIA Mayor Clerk (OF C:\AGREE\OAVIS206.ENC

4 AFFIDAVIT OF SUBSCRIBING WITNESS I, of the City of Sarnia in the County of Lambton make oath and say: I am a subscribing witness to the attached instrument and I was present and saw it executed at Sarnia, ontario by ALLAN JOSEPH VANSTEENKISTE and MANDA IRENE VANSTEENKISTE. I verily believe that each person whose signature I witnessed is the party of the same name referred to in the instrument. SWORN before me at the City of Sarnia, in the County of Lambton, this day of A Commissioner for taking Affidavits, etc.

5 DATED:, BETWEEN: ALLAN JOSEPH VANSTEENKISTE and MANDA IRENE VANSTEENKISTE - and - THE CORPORATION OF THE CITY OF SARNIA A G R E E MEN T THE CORPORATION OF SARNIA Legal Services City Hall Sarnia, Ontario N7T 7N2 OF THE CITY (DGM:df

6 BY-LAW NUMBER 90 OF 1996 OF THE CITY OF SARNIA "A By-Law to Authorize an Agreement with Allan Joseph Vansteenkiste and Manda Irene Vansteenkiste" READINGS: FIRST: CY!.1.{;;', Iqq(." SECOND: q..(~;2, 199(,;, THIRD: q~;li 1990 THE CORPORATION OF SARNIA Legal Services City Hall Sarnia, ontario N7T 7N2 OF THE CITY (DGM:df