HomeMy WebLinkAboutBy-law 724/77BY~LAW
REPEALED BY
REPEALS
AMENDED BY
AMENDS
DISPOSITION
LICE CORPORATION OF THE TO OF : PIC RING
BY-LIN NUMBER 724/77
Being a by-lava to authorize the execution
of an Agreement between the Corporation
of the Town of Pickering and Robert P.
Junes with respect to Lot 29, Registered
Plan 228.
THE COUNCIL OF THE CORPO 'ON OF THE TOWN OF PICKERING HERESY
ENACTS AS r'OLLOWS:
1. The Mayor and Clerk are hereby authorized to execute an
Anreement between the Corporation of the Town of
Pickering and Robert P. Jcnes with respect to Lot 29,
Registered Plan 228 (1455 Rougemount Drive)
BY-LAW READ A FIRST, SECOND &ND THIP.D TIME AND FINALLY PASSI'fi THIS
7th DAY OF November 19 77.
!'mayor'` ?.!
E
Clerk
r
THIS AGIPz:EM day cf
BETWEEN
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THE CCRPO 1?`1'?r?iZ CtF' THE Ttz N OF r ICK ,RING,
hereinafter referred to as the
OF THE FIRST PART,
a:'i€.`,
P03K'RT RiiZLZ
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hereinafter z fe.-reg. to , , the
OF THE S CO Ns. PART.
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f WHERJ., AS the Owner is the c .ner ,n1 t,:_ ce ., ,.a
I lands. and premises more ,articula._ ,,._s c. _.::c„ In Ulhec:i5it...
"A" hereto;
AND WHER AS the 0 Wr 1wishe_, t„ 3iz a. ......a,,1..C . ,.
storm drainage facilities en la'-d's _ },,..s
r rc:';;t.,sc=
the Town to share the cost thereof;
AND WHEREAS the Council of e .:?. _ ..:t. .C
ution 195/77e made October 3, 19771, '
, c.:2 r+.EC tC Sr'. are ..; 1ch
cost equally ,,ith the Owner; 1i
r.
NO THERE; OPE this .f ree -ent :. 3± r;-
i; eratlon of the sum of 52.00 paid __h- i;'.. to recei- t of which is ;.ereby acknowic - :de att m,_;tual
{ benefits, the parties hereto heret a ree as ollo,:sY
j 1.. (a) The Owner shall, T,, _. hi n 6C< clays "f the uat±'
hereof, provide the Town ,%ith e foot .=idc
i storm drairace easement across the lands an6
premises described in Schedule "t=." hereto,
at no cost whatsoever to the Town.
(b) The location of such ease:enr. shall be sur)-
j jest to the approval of the Town.
2. (a) Between January 1, 1978 and October 1978
the Town shall construct or cause to be ccn-
structed, storm drainage facilities on he
easement referred to in section 1 sufficient
to carry storm dater from the Tcwr.' s road
allowance i:notw-n as Rougemount Drive to
Petticoat Greek.
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(b) The storm drainage facilities shall consist
of an underground storm outfall pipe and
channelized watercourse.
3. Should the Town wi3h to emrlov or hire a third warty or
parties to construct all or any cart of the storm drain-
age facilities, then in that event, the Town shall enter
into a written contract with that part,,, or parties
before allowing the party or parties to cc:"P.ence con-
struction.
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4. (a) rn1 ' G - Lys of receipt b= of a : invoice
for ,•:c_k :ci in the constriactionof the said
storms drainac_.e faci?it es, the Town shall
pro,ride a cod of such invoice to the owner.
(b) Within 14 :gays of receipt by 'aim, pursuant
to the provisions of subsection (a), of a
copy of an invoice, the Owner shat' pav to
the Town, one-half of the amount c`a med
in the invoice.
.. (c) Within 10 days of receir- 4 it... 1 a Davme?nt
made by the Owner pursuant tc subsection: (b)
the Town shall pay the total a.-aunt claimed
in the in :'C2C4' t toe oartv to whom navment
is directed to be trade by -,-he i-voice.
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5. The Owner shall not re" use to a3;e v? n? * T;ursuant tC
the provisions of subsection (b) cf uv_. ua:. t.
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6. From and after the date hereof to an-cl, :jnti? c or
.,
1978, the Owner shall pc,.r.it „.«.. r, ?r• ces,
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representatives of the 'Sown, as th;t , slia'_•] in it:;
sole discretion direct, to eT ter at all ,asc. „lb e,. c 4 m, e s
upon the lands and prt_ti:ses _,
hereto for the purposes of cs sti- y ;
ining and inspecting the land and the a i t.,r:3 t:;
be, being, or that have been construete:.d.
7. (a) The Toren shall not be 1ivbl-e to the ?._ fci
any loss, damate or ir_?ury, nelx_ci-rc lc .> of
life, however occur2_nca, uniess ca st:C or co-z -
tributed to by the neglect or defa t of t;t=
?i Town.
(b) The Owner shall inde-mni tt:e c • from and,
against all claims, demands, loss, costs,
damages, actions, suits or other proccCd-i ,-s
by whomsoever made, sustained, wrought or
prosecuted in any manner a:-- based
! occasioned by or attributable to a 1 t :ir.c
cone or omitted to be done by the _own in
the construction of the stcrm drainage facil-
I
ities.
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8. This Agreement and everything contained here.- shall
enure to-the benefit of and be binding upon the parties
hereto, their heirs, successors and assigns.
IN WITNESS WHEREOF the Party of the First Part has hereto
affixed its corporate seal attested by the hands of its duty
authorized officers and the Party of the Second Part has hereto
affixed his hand and seal.
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SIGNED,, SEALED AND DELIVERED
t;
in the presence of
THE CORPORATION GF THE TtiNN OF DICKERING
Mayor
Clerk:
# ROBERT PHILIP JONES
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All and sin,.ula that cer _: t cf
aremi.ses situate, 1yir in the T iCkering
in the Regional t.jUnici Ea_4 c r a an,] F virtCB of
Ontario, and being comoose", c.` +:L T.c_.`_ 29, according
to a Plan regicterec In ? - ` ? Registry
Division of Durham, as Flan 2C ated as _t1 can a
Plan of Survey of recorc'. req_s.e r c .: - ?Y
I the said Office as
Plan 40R-3522.
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