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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