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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