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HomeMy WebLinkAboutBy-law 724/77BY~LAW REPEALED BY REPEALS AMENDED BY AMENDS DISPOSITION LICE CORPORATION OF THE TO OF : PIC RING BY-LIN NUMBER 724/77 Being a by-lava to authorize the execution of an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 I 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 r i hereinafter z fe.-reg. to , , the OF THE S CO Ns. PART. j 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. ?s (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. r 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. Ij 5. The Owner shall not re" use to a3;e v? n? * T;ursuant tC the provisions of subsection (b) cf uv_. ua:. t. ?s 6. From and after the date hereof to an-cl, :jnti? c or ., 1978, the Owner shall pc,.r.it „.«.. r, ?r• ces, 'i 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. ;. 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. i SIGNED,, SEALED AND DELIVERED t; in the presence of THE CORPORATION GF THE TtiNN OF DICKERING Mayor Clerk: # ROBERT PHILIP JONES Ij 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. 1 it 4 I