HomeMy WebLinkAbout2365A by-law to authorize an agreement with St. Mary's Cement Company respecting use of part of the company's lands as a temporary roadway.
6dHEREAS it is necessary to replace the existing bridge over
the Canadian National Railway on Waverly Roads and to provide an
alternate route during the period required for re-construction of the
structure and approaches;
AND WHEREAS St. Mary's Cement Company Limited is the owner of
whichdisyconsidered suitabletas an alternate route~sion of this Township
AND WHEREAS the aforesaid Company has indicated willingness to
enter into agreement with the Township to permit the temporary use of
the roadway;
THEREFORE the Municipal Council of the Corporation of the
Township of Darlington enacts:
l~ That the Township of Darlington enter into agreement with
St. Mary's Cement Company Limited in the form attached
hereto as Schedule "A"~ which is declared to be and form
part of this By-law;
2~ That the Reeve and Clerk are hereby authorized to execute
the said Agreement on behalf of the Townships and to affix
the Corporate seal thereto.
PLEAD A FIRST, SECOND AND TRIRD TIME AND FINALLY PASSED THIS
DAY OF-~,~2~~~~ 196•
{
. . '. y~ . .~ .. .
Reeve
..............
Clerk
THIS AGREEMENT made as of the 17th day of August, 190'7.
BET ~dEEN
THE CORPORATION OF THE TOWNSHIP
OF DARLINGTON,
(hereinafter called the "Township")
OF THE FIRST PART,
- and -
ST. MARY'S CEMENT CO., LIMITED,
(hereinafter called "St. Mary's")
OF THE SECOND PART.
WHEREAS the Township is constructing a new bridge on
Waverly Road south of Highway Number 401 and over the Canadian
National Railway right of way;
AND WHEREAS during the construction of the said bridge
it will be necessary to close a portion of Waverly Road and to
provide an alternate route for traffic;
AND ~dHEREAS St. Mary's has agreed to permit the Township
to provide the required alternate route for traffic over its
access road south of the Canadian National Railway right of way
and running between Martin Road and Waverly Road;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in con-
sideration of St. Mary's permitting the Township to use its above-
mentioned access road as an alternate route for traffic as afore-
said the Township hereby agrees to hold harmless and indemnify St.
Mary's from and against any and all liability, loss, claim, actions,
damages or expenses which it may suffer or incur as a result of
injury to persons or death or damage to property or vehicles on
its property and resulting from the use of the portion of its
property as an alternate route for traffic during the construction
of the new bridge on Waverly Road. ~
- 2 -
IN WITNESS WFIEREOF the Township has hereunto caused its
corporate seal to be affixed under the hands of its Reeve and Clerk
duly authorized in that behalf.
THE CORPORATION OF THE TOWNSHIP
OF DARLINGTON
,~~°,'~~ eeve
Clerk