1993-080 Oro
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THE CORPORATION OF THE TOWNSHIP OF ORO
BY-LAW NO. 93- 80
Being a By-Law for the temporary occupation and obstruction for reconstruction purposes
of Woodland Crescent, Registered Plan 1689;
WHEREAS Section 201(108) of The Municipal Act, R.S.O. 1990, provides authority for
Councils of local municipalities to pass by-laws permitting the temporary occupation and
obstruction of a highway for reconstruction purposes;
AND WHEREAS a portion of Woodland Crescent, Registered Plan 1689 must be
reconstructed and extended to allow for the development of neighbouring lands;
NOW THEREFORE the Council of The Corporation of the Township of Oro enacts as
follows:
1. The Corporation of the Township of Oro is hereby authorized and empowered to
enter into and execute an Agreement with 861823 Ontario Inc., 790355 Ontario Inc.
and 419791 Ontario Inc., collectively known as Maplehill, for the purpose of
permitting Maplehill to temporarily occupy and obstruct Woodland Crescent, Plan
1689 for the purpose of reconstructing Woodland Crescent in accordance with plans
and specifications prepared by Vincent and Associates. A copy of the Agreement is
attached hereto as Schedule "A".
2. The Reeve and the Clerk are hereby authorized to execute the said Agreement once
the insurance and Letter of Credit conditions of the Agreement have been satisfied
to the satisfaction of the Township solicitor.
BY-LAW READ A FIRST AND SECOND TIME, THIS 27th DAY OF OCTOBER, 1993.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 27th
OCTOBER, 1993.
DAY
OF
THE CORPORATION OF THE TOWNSHIP OF ORO
rA!4r
Ro~ Drury, Reeve
e
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BETWEEN:
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SCHEDULE "A"
THIS AGREEMENT made this 26th day of October, 1993.
861823 ONTARIO INC., 790355 ONTARIO INC.
and 419791 ONTARIO INC.
(hereinafter together referred to as "Maplehill")
OF THE FIRST PART
THE CORPORATION OF THE TOWNSHIP OF ORO
(hereinafter referred to as the "Municipality")
OF THE SECOND PART
WHEREAS Section 201(108) of The Municipal
Municipality to pass .by-laws authorizing private parties
Highway for the purpose of construction or repair;
Act, R.S.O. 1990, authorizes a
to enter on portions of any
AND WHEREAS Maplehill is the registered owner of a draft Plan of
Subdivision on Part of Lot 37, Concession 1, Township of 01'0, County of Simcoe;
AND WHEREAS the Maplehill draft Plan of Subdivision contemplates the
extension of Woodland Crescent on Registered Plan 1689;
AND WHEREAS the Municipality deems it desirable that Maplehill reconstruct
a portion of Woodland Crescent on Plan 1689;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration
of the mutual covenants contained herein and the sum of One ($1.00) Dollar now paid by
each of the parties to each of the other parties hereto (the receipt and sufficiency of which
is hereby acknowledged) the parties hereto covenant agree as follows:
1. Maplehill may temporarily enter on and occupy a portion of Woodland
Crescent, Plan 1689 as shown on Vincent and Associates drawings No. P-12, dated June, 1993
for the purpose of reconstructing Woodland Crescent in accordance with the plans and
specifications set out in the said drawings.
2.
the purpose
. public that
Municipality.
3.
Municipality,
Municipality
4.
specifications
Municipality's
Maplehill may temporarily obstruct traffic as may be reasonably necessary for
of the construction and shall erect such barricades and notices, warning the
such Highway is under construction and obstructed, as required by the
Prior to the commencement of any work, Maplehill shall deposit with the
public liability insurance in a form and with an insurer satisfactory to the
with the Municipality as a named insured.
All work undertaken by Maplehill shall be in accordance with the plans and
set out above and all work shall be inspected and approved by the
consultants, R.G. Robinson & Associates.
5. The Municipality,
Fire Department, Ambulance
affected by the commencement
on behalf of Maplehill, shall notify the Police Department,
Service and any other person or agency requiring notice,
and termination of the occupancy.
6. It shall be the sole responsibility of Maplehill to request from the appropriate
utility the marking or other location information to determine the location and to provide
safeguards for all utilities. Should Maplehill in carrying out the work allowed hereunder
cause damage to any such utility, the entire cost and responsibility of restoring any such
utility shall be at the sole expense of Maplehill.
7. Maplehill shall deposit with the Municipality a Letter of Credit in the amount
of $50,000.00 from a Canadian Chartered Bank in a form approved by the Municipality's
solicitor. The Letter of Credit shall be held by the Municipality as security to guarantee
the completion of the work by Maplehill in accordance with the plans an<<;1 specifications and
to the approval of the Municipality's consultants. In the event the work is not completed
to the Municipality's satisfaction on or before November 5, 1993, the Municipality shall
demand payment under the Letter of Credit and use the proceeds thereof to complete the
work as required.
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8. All work required by this Agreement shall be at the sole cost of Maplehill and
Maplehill shall reimburse the Municipality for all legal and engineering costs incurred by
the Municipality in cormection with the preparation of this Agreement and the completion
of the work required by this Agreement.
9.
Municipality
Municipality
Maplehill.
Maplehill does hereby covenant and agree to indemnify and save harmless the
from all costs, claims, actions, liabilities and damages incurred by the
as a result of this Agreement and as a result of the work being undertal\.en by
10. Maplehill hereby forever releases and discharges the Municipality from all
actions, claims, demands and liabilities arising from this Agreement or resulting from the
work undertaken pursuant to this Agreement.
11.
assigns.
This Agreement shall be binding upon the parties hereto, their successors and
12. The execution of tlLis Agreement by The Corporation of the rI'ownship of 01'0
has been authorized by By-Law 93- ~> c
IN WITNESS WHEREOF the parties have hereunto set their hands and seals.
SIGNED, SEALED AND DELIVERED
~~
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I THE AUTHORITY TO
BIND THE CORPORATION
INC.
/~/4"~"~) ~
Title:
I HAVE THE AUTHORITY TO
BIND THE CORPORATION
419791 ONTARIO INC.
TO
Per:
iNrone:
Title
I I-lAVE
BIND THE
THE CORPORATION OF THE
TOWNSHIP OF ORO
Pe' ~ ~~
;:Obert rury, Reeve
per:M~<~~
;If Darlene Shoe bridge, Clerk
maplehill.oro
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