HomeMy WebLinkAboutBy-law 4669/95 THE CORPORATION OF THE TOWN OF PICKERING
By-LAW NO, 4669/95
Being a by-law to authorize the execution of an
Indemnification Agreement respecting the lands identified
as that part of Lot 1 O, Plan M-917, Pickering (designated
as Part 1, Plan 40R-12660).
WHEREAS, pursuant to the provisions of the Municipal Act, R.S.O. 1990, chapter M.45, section 191(1)
the Council of The Corporation of the Town of Pickering may pass by-laws for acquiring any land or
interest therein for the purposes of the Corporation;
NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS
FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute an Indemnification Agreement in the
form attached hereto as Schedule A, between The Regional Municipality of Durham and The
Corporation of the Town of Pickering, respecting that part of Lot 10, Plan M-917, Pickering,
designated as Part 1, Plan 40R-12660.
BY-LAW read a first, second and third time and finally passed this 18th day of September, 1995.
l~ruce Taylor, Clerk
SCHEDUZ~ A
THIS INDEMNIFICATION AGREEMENT made September 18, 1995,
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called "Pickering'
OF THE FIRST PART,
- and -
THE REGIONAL MUNICIPALITY OF DURHAM
hereinafter called the "Region"
OF THE SECOND PART.
WHEREAS, Pickering as Vendor agrees with Durham as Purchaser to sell all that portion of Lot 10, Plan M-917,
Pickering, designated as Part 1, Plan 40R-12660, at a price of TWO ($2.00) DOLLARS payable on closing;
WHEREAS, The property is subject to a right-of-way in, over, along and upon the said Lot 10 on Plan M-917, Pickering,
in favour of the owner or owners from time to time of Lots 21 to 38 on Plan M-90, Picketing and Lots 4, 5, 5A and 6 on
Plan M-917, Picketing;
WHEREAS, The Region is prepared to accept the title to the properties subject to the rights-of-way as aforesaid provided
that Pickering provide the Region with a full and complete indemnification as hereinafter set forth; and
WHEREAS, Picketing acknowledges that Durham as constructed or will construct a sewage pumping station and diesel
generator building on the lands. ',
NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, Picketing, in consideration of Durham agreeing to
accept title to the lands as aforesaid, hereby undertakes and agrees as follows:
1. Picketing hereby indemnifies and saves harmless Durham against all actions, causes of actions, suits,
claims and demands whatsoever, including legal fees on a solicitor-client basis, which Durham may
sustain or incur in consequence of having accepted title to the lands subject to the rights-of-way as
aforesaid and having constructed or intended to construct a sewage pumping station and diesel generator
buildiag on the lands.
2. This Agreement to indemnify shall not merge on the closing of the transaction above-referred to but shall
remain in full force and effect.
IN WITNESS WHEREOF Picketing has hereunder affixed its seal.
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF P|CKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk