HomeMy WebLinkAboutBy-law 3389/90 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3389 /90
Being a by-law to authorize the execution of an
Agreement between Sandbury Building (Picketing)
Corporation and The Corporation o£ the Town of
Picketing, respecting the maintenance, repair and
construction of part of Cowan Circle, (Part
Block L, Plan 418, Picketing; Part 7~ , Plan
40R- ).
WHEREAS The Corporation of the Town of Picketing, in furtherance of its duty to
repair its highways pursuant to the Municipal Act, R.S,O. 1980, chapter 302, section
284, wishes to retain Sandbury Building (Picketing) Corporation to maintain, repair
and construct, on its behalf, that part of Cowan Circle, being Part Block L, Plan
418, Picketing, designated as Part ~ , Plan 40R- ;
NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY
ENACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute an Agreement in the
form attached hereto as Schedule A, between Sandbury Building (Pickering)
Corporation and The Corporation of the Town of Picketing for the maintenance,
repair and construction of that part of Cowan Circle being Part Block L, Plan
418, Picketing, designated aa Part ~. , Plan 40R-
BY-LAW read a first, second and third time and finally passed this 19th day of
February, 1990.
~lerk ~
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3389 /90
Being a by-law to authorize the execution of an
Agreement between Sandbury Building (Picketing)
Corporation and The Corporation of the Town of
Picketing, respecting the maintenance, repair and
construction of part of Cowan Circle, (Part
Block L, Plan 418, Picketing; Part ~.. , Plan
40R- ).
WHEREAS The Corporation of the Town of Picketing, in furtherance of its duty to
repair its highways pursuant to the Municipal Act, R.S.O. 1980, chapter 302, section
284, wishes to retain Sandbury Building (Picketing) Corporation to maintain, repair
and construct, on its behalf, that part of Cowan Circle, being Part Block L, Plan
418, Picketing, designated as Part '~ , Plan 40R- ;
NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY
ENACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute an Agreement in the
form attached hereto as Schedule A, between Sandbury Building (Picketing)
Corporation and The Corporation of the Town of Picketing for the maintenance,
repair and construction of that part of Cowan Circle being Part Block L, Plan
418, Picketing, designated as Part ~. , Plan 40R-
BY-LAW read a first, second and third time and finally passed this 19th day of
February, 1990.
TOtVI~,J
SCHEDULE A
THIS AGREEMENT made February 19, 1990.
BETWEEN:
SANDBURY BUILDING (PICKERING) CORPORATION
herein called "Sandbury',
OF THE FIRST PART,
and
THE CORPORATION OF THE TOWN OF PICKERING
herein called the "Town"
OF THE SECOND PART.
WHEREAS the Town is the registered Owner of that part of Block L, Plan 418,
Picketing, designated as Parts 1 and 2, Plan 40R- , and has passed
By-law /90 to dedicate Part 7,- , Plan 40R- , as public highway (Cowan
Circle); and
WHEREAS Sandbury is the registered owner of that part of Block K, Plan 418,
Picketing, designated as Part ~ , Plan 40R-/o~~ which abuts the land of which the
Town is the owner;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT, in consideration of the
Town registering By-law /90 (thereby bringing it into effect) and the terms and
conditions hereof, and the sum of $2.00 now paid by each party to the other, receipt
of which by each is hereby acknowledged, the parties hereto hereby agree as follows:
1. LAND AFFECTED
The lands affected by this Agreement are that part of Block K, Plan 418,
Pickering, designated as Part ~ , Plan 40R-/o~O~.
2. NOTICE
Any notice required to be given hereunder may be given by registered mail
addressed to the other Party at its principal place of business and shall be
effective as of the second day immediately following the date of the deposit
thereof in the Post Office.
3. INTERPRETATION
(1) Whenever in this Agreement the word "Owner" and the pronoun "it" is
used, it shall be read and construed as "Owner or Owners", and "his",
"her" or "them", respectively, and the number of the verb agreeing
therewith shall be construed accordingly.
(2) In this Agreement the term,
(a) "Cowan Circle" means that part of Block L, Plan 418, Pickering,
designated as Part 2~ , Plan 40R- ;
(b) ~Draft Plan 18T-89108~ means that part of Block K, Plan 418,
Picketing, designated as Part ~. , Plan 40R-/O~0 .
4. TIME
Time shall be of the essence of this Agreement.
5. BINDING PARTIES
This Agreement and everything herein contained shall enure to the benefit of
and be binding upon the Parties hereto, their successors and assigns.
6. COWAN CIRCLE MAINTENANCE AND REPAIR
(1) From and after February 20, 1990, Sandbury shall maintain and keep in
repair Cowan Circle, at its sole expense and to the standards and satis-
faction of the Town's Director of Public Works, for the Town.
(2{) The standards referred to in subsection (1) shall be those standards
reasonably necessary, in the opinion of the Director, to provide for the
amount and the nature of the traffic, both pedestrian and vehicular,
lawfully using Cowan Circle.
7. COWAN CIRCLE RECONSTRUCTION
Sandbury shall construct Cowan Circle and all Town services therein and there-
on at its expense, to the Town's full urban standards in the development of
Draft Plan 18T-89108 and shall maintain it and them for a minimum of two years
thereafter.
8. MAINTENANCE AND REPAIR GUARANTEE
(1) Before February 20, 1990, Sandbury shall supply the Town with a $2,000
performance security in cash or by certified cheque for the purpose of
guaranteeing the satisfactory maintenance and repair of Cowan Circle
during the term hereof.
(2) At the end of the term hereof, the Town shall return the security or so
much of it as has not been used for the maintenance and repair of Cowan
Circle, without interest, to Sandbury.
9. TERM
(1) The term of this Agreement shall be from and including February 20,
1990, to and including,
(a) February 20, 1992, or
(b) the day upon which Draft Plan 18T-89108 is registered in the
Land Titles Office for the Land Registry Division of Durham,
whichever occurs first.
(2) If the term hereof expires on February 20, 1992, Sandbury shall not
object to or oppose in any manner, or cause any person to object to or
oppose in any manner, any action by the Town to stop up and close
Cowan Circle to pedestrian and vehicular traffic, and further, Sandbury
shall consent to any Town by-law passed to effect such closure and
stopping up.
IN WITNESS WHEREOF Sandbury and the Town have hereunto affixed their respective
corporate seals, duly attested by their proper authorized officers.
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Bruce Taylor, Clerk ---
SANDBURY BUILDING (PICKERING) CORPORATION
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