HomeMy WebLinkAbout1806A by-law to confirm an agreement with the Township of Darlington to provide for the maintenance of the boundary roads between the Town of Bowmanville and the Township of Darlington.
SCHEDULE 'ATM
M E M O R A N D U M
OF A G R E E M E N T
Made this Day of A.D. 1961.
BETWEEN:-
THE MUNICIPAL CORPORATION OF THE
TOP1N OF BOV1MAPdVILLE~
of the First Tart;
-and-
THE MUNICIPAL CORPORATION OF THE
TOWNSHIP OF DARLINGTON,
of the Second Part;
WHEREAS the boundary roads between the Town of Bowman-
ville and the Township o£ Darlington, which are hereinafter
more particularly defined, are recognized to be the joint
responsibility of the Council of each municipality;
r1ND WHEREAS a satisfactory basis for the subsequent
maintenance of these boundary roads has been agreed upon, the
terms of which are hereinafter set out,
NOV1 THEREFORE THIS INDENTURE WITNESSETH that in consid-
eration of these terms, and the mutual covenants and agreements
herein contained, the said municipalities herein mutually cov-
enant and agree as follows:-
1. The Township of Darlington will henceforth on and after
the effective date of this agreement and any extension there-
of as herein provided, assume the responsibility for the repair,
re-construction (when necessary) and maintenance of that portion
of the original road allowance betwen lots 14 and 15 through the
Second Concession of the Township of Darlington and that portion
of the original road allowance of the Township of Darlington be-
tween Concession 2 and 3 through lots $ to 14 inclusive.
The Township agrees to indemnify and save harmless the Town from
any loss or damage arising from the want of repair of the portion
of Townline road which the Township agrees to maintain and repair
rt>>r~n_, such period as this agreement remains in force.
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2. The Town of Bowmanville will henceforth on and after the
effective date of this agreement, and continuing for the term
of this agreement and any extension thereof as hereinafter pro-
vided, assume the responsibility for the repair y re-construction
(when necessary) and maintenance o£ that part of the original
road allowance lying between lots 14 and 15 and south of the
south limit of the second concession of The Township of Darling-
ton and extending to the south limit of the first concession of
Darlington Township, and that part of the original road allowance
lying betwean the Broken Front Concession, and the First Concess-
ion, from the East Limit of Lot 15 to the East Limit of Lot 12,
also the road allowance between Lots 7 and $, from the South
Limit of Concession 1, to the South Limit of No. 2 Hightiaay.
The Town agrees to indemnify and save harmless the Township from
any loss or damage arising from the want of repair of the portion
of Townline road which the Town agrees to maintain and repair dur-
ing such period as this agreement remains in force.
3. This agreement shall take effect from the first day of
September, 1961 and shall run for a period of ten years from
that date, with an automatic renewal for a further ten year period
unless terminated by either municipality by written notice served
at least six months prior to the expiration date.
1,.. Upon the assumption of any part of the above described road
allowances by any other body, either of the parties hereto may
terminate the agreement by serving written notice to the other
party; and the agreement shall be terminated within thirty days
of the serving of such notice.
5. Nothing in this agreement shall require the Town or the Town-
ship to incur any expenditure in any year except to the extent that
the money therefor is included in the estimates of the Town or Town-
ship for the year in which the expenditure is to be made.
P
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IN WITNESS WHEREOF the Parties hereto have affixed
their Corporate seals attested by the hands of their duly
authorized signing officers in that behalf.
THE CORFORtITION OF THE TOCJN OF BOV1P~IhNVILLE
' (_~~,,_, L~
Mavor
THE CORiOR:TION OF THE TOGINSHIP OF DARLINGTON
~i/ /~/_/~_ .,
Reeve
Clerk