HomeMy WebLinkAboutBy-law 4861/96 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 4861/96
Being a by-law to authorize the execution of a
Licence Agreement for the period of May 15, 1996
to May 15, 2006 between Ontario Hydro and The
Corporation of the Town of Picketing respecting
Part Lot 20, Range 3, B.F.C, Picketing for park
purposes ~Kinsrnen Park Softball Fields).
WHEREAS, pursuant to the provisions of sections 191 and 207.57 of the Municipal Act, R.S.O.
1990, chapter M.45, the Council of The Corporation of the Town of Pickering deems it desirable
to enter into a Licence Agreement, for the period May 15, 1996 to May 15, 2006 with Ontario
Hydro respecting the leasing of a portion of Ontario Hydro corridor lands for park purposes in
Part Lot 20, Range 3, B.F.C., Pickering;
NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY
ENACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute a Licence Agreement, in the form
attached hereto as Schedule A, for the period May 15, 1996 to May 15, 2006, respecting
Part Lot 20, Range 3, B.F.C., Pickering between Ontario Hydro and The Corporation of
the Town of Pickering for park purposes (Kinsmen Park Softball Fields).
BY-LAW read a first, second and third time and finally passed this 21st day of October, 1996.
'~ayne Arthurs, May~rr --
T,~.' ~
/,. er
R5201
ONTARIO IIYDRO
LICENCE
Permission is hereby given by Ontario Hydro (herein called the "Licensor") to The Corporation of
The Town of Picketing
(Herein called the "Licensee") to use the lands shown on the sketch attached hereto, (the said lands being
hereinafter referred to as the "land" ~ and being described as:
Part of Lot 20, Range 3, BFC
in the Town of Pickering, in
Regional Municipality of Durham
shown edged in red on the attached
skelch.
for recreational purposes only, for a term of Ten years commencing on the 15th day
of May 1996 subject to the terms and conditions set out in Schedule A hereto attached and
forming part of this Licence which the Licensee hereby accepts and agrees to perform and abide by.
DATED this Day of September 1996
IN WITNESS WHEREOF the parties hereto have executed this Licence.
The Corporation o? tile Town of Picketing
MAYOR
CLERK
SCIIEDULE "A'
TIlE TERMS AND CONDITIONS mentioned in the Licence annexed which the Licensee
covenants and agrees to observe and be bound by and to cause adherence to at all times are as
follows:
1. For the permission granted hereby the Licensee shall pay to the Licensor the sum of ONE
DOLLAR per annum in advance.
2. This Licence and the permission granted hereby may be revoked and cancelled in whole or
in part and at the sole discretion of the Licensor if the land is required by the Licensor for its
purposes upon giving to the Licensee six months notice in writing and in such event, the licensor
shall pay to the Licensee as full compensation an amount equal to the capital cost &any
improvements to the land made by the Licensee depreciated by the straight line method from the
date of installation or,ach improvement to the end of the term as herein set out.
3. The Licensee may permit members &the public to use the land for the purposes set out in
accordance with the terms hereof, but the Licensee shall not assign, transfer, sublease, part with
possession or dispose of all or any part of the land or this Licence or any privileges or interest
hereby granted to it without the written consent of the Licensor which may be unreasonably or
arbitrarily withheld, failing which the Licensor shall be entitled to terminate this Licence
immediately after the occurrence of such breach.
4. Ifthe Licensee should at any time fail to carry out any ofthe stipulations in this Licence to
the satisfaction of the Licensor acting reasonably, the Licensor may mail to the Licensee written
notice specifying the failure, and ifthe failure is not remedied or adequate and sufficient measures
are not being taken to satisfactorily remedy the same within one (1) month of mailing the notice,
the Licensor may terminate this Licence immediately upon the expiration of the one month period
aforesaid in whole or in part.
5. All property of the Licensee or members of the public at any time on the land shall be at
the sole risk 0fthe Licensee and the Licensor shall not be liable for any loss or damage thereto
however occurring and the Licensee releases the Licensor from all claims and demands in respect
&any such loss or damage, except and to the extent to which such loss or damage is caused or
contributed to by the neglect or default ofthe Licensor, its servants or agents.
6. The Licensee shall assume all liability and obligation for any and all loss, damage, or
injury, including death, to persons or properly that happens as a result of or arises out &the use
and occupation of the land by the Licensee or members of the public and the Licensee shall at all
times indemnify and save harmless the Licensor from and against all such loss, damage, or injury
and all actions, suits, proceedings, costs, charges, damages, expenses, claims or demands arising
therefrom or connected therewith; provided that the Licensee shall not be liable under this
paragraph to the extent to which such loss, damage, or injury is caused or contributed to by the
neglect or default of the Licensor, its servants or agents.
7. The Licensee shall at its own expense, arrange and maintain a liability insurance policy
satisfactory to the Licensor in order to indemnify the Licensor as provided for in paragraphs 5 and
6 &this Licence. A certified copy &such policy or s satisfactory certificate in lleu thereof shall
be given to the Licensor for approval on or before the Licence commencement date.
8. The construction or siting of all buildings and structures, the installation &equipment and
recreational facilities, and grading and the planting &trees, must all first receive the approval of
the Licensor.
9. The Licensee shall comply with the Design Standards &the Transmission and Distribution
Projects Division &the Licensor, Canada Standards Association Standard C~22.3, the 'Safety
Rules and Standards Protection Code' of the Licensor, The Occupational Health and Safety Act,
R.S.O. 1980 and any amendments thereto and any regulations passed thereunder when using
heavy equipment during any construction or maintenance.
10. The Licensee shall not interfere in any way with or cause any change to any works of the
Licensor now existing or hereinafter constructed on the land, and without limiting the generality
of the foregoing, the Licensee shall ensure that height of any vehicle, load or other object,
including attachments, or people standing thereon near the Licensor's conductors will not exceed
4. I 15 m (13.5') above the existing grade.
I I. The Licensee shall prohibit kite flying and model aeroplane flying and any other activities
which in the opinion of the Licensor might interfere with the safe and efficient operation of its
works or be offensive, annoying or dangerous and shall post signs in suitable locations on the land
stating that kite flying and model aeroplane flying and other activities are prohibited.
12. The Licensor and anyone acting pursuant to its authority may at any time upon twenty-
four hours advance notice to the Licensee or at any time without notice in case of emergency
enter on the land and inspect, maintain, repair, re-arrange, add to, replace, relocate and remove
any of its works as defined in the Power Corporation Act, R.S.O. 1980, Ch. 384 as amended and
further may construct, add, inspect, maintain, repair, alter, re-arrange, relocate and remove such
new works or equipment as the Licensor determines necessary or desirable and the Licensor shall
not be liable for and is hereby released from all damages, losses, injuries, costs, charges, expenses,
suits, proceedings, claims and demands arising in connection with carrying out the work aforesaid,
including, without limitation, all claims for damages, indemnification, reimbursement or
compensation by reason of loss, interruption or suspension of business or interference or
inconvenience howsoever caused or physical damage to the land.
13. The Licence shall be subject to all leases, licences, or any right of use or occupation
existing at the date hereof and the Licensor may from time to time renew or extend them or make
new ones so long as they do not in the Licensor's opinion interfere unreasonably with the purpose
of this Licence.
14. The Licensee shall maintain tile land and any ofthe Licensee's installations thereon in a
neat and tidy condition satisfactory to the Licensor.
15. Since the Licensor is responsible for maintaining radiation safety based on the monitoring
methods and measurements as prescribed by the Atomic Energy Control Board from time to time
it reserves tile right to enter on the lands at all times to install, operate and maintain such
monitoring equipment and any warning system connected therewith, and to control entry, require
vacation of the land, and temporarily or permanently close the land to public use in case of
emergency.
16. The limits of the land shall be posted by the Licensee to inform permittees of Picketing
that the land is part of the Pickerlng Generating Station complex and as such subject to rules and
orders of Station personnel.
17. Any signs to be erected by the Town of Pickerlng must have tile prior approval of Ontario
Hydro.
18. It is further agreed by both parties that Ontario Hydro's Pickering Association of
Recreation Clubs shall be entitled to submit a schedule for its use of the baseball facilities for each
year of the License. Tile schedule shall be in the hands of the Parks and Recreation Department
for the Town of Pickering no later than November 30, each year. It is also agreed that Ontario
Hydro shall make the baseball facilities available no later that 6:35 p.m. each evening unless
previously mentioned in the submitted schedule.
19. Parking for the baseball facilities must consist of the existing lot used for Kinsmen Park.
No parking will be permitted on the lands known as Ontario Hydro's Eastern Nuclear Training
Centre.
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