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HomeMy WebLinkAboutBy-law 5427/98THE CORPORATION OF THE TOV~q OF PICKERING BY-LAW NO. 5427/98 Being a by-law to authorize the execution of a Licence Agreement between Ontario Hydro and The Corporation of the Town of Pickering respecting parts of Lots 20, 21 and 22, Ranges 2 and 3, Broken Front Concession, Picketing for park purposes. WHEREAS, pursuant to the provisions of sections 191 and 207.52 of the Municipal Act R.S.O. 1990 Chapter M45, the Council of a mtmicipality may pass by-laws for acquiring land inter alia for park purposes; And WHEREAS, the Corporation of the Town of Pickering deems it desirable to enter into a Licence Agreement, for the period November 17, 1998 to May 31, 2008 with Ontario Hydro respecting the leasing of various portions of Ontario Hydro lands for park purposes on Parts of Lot 20, 21 and 22, Range 2 and 3, B.F.C. Picketing. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a Licence Agreement in the form attached hereto as Schedule A for the period November 17, 1998 to May 31, 2008 respecting Parts of Lot 20, 21 and 22, Range 2 and 3 B.F.C. Pickering between Ontario Hydro and The Corporation of The Town of Picketing for park purposes. BY-LAW read a first, second and third time and finally passed this 21st day of December, 1998. ~ruce Taylor, Clerk THIS AMENDING AND RENEWAL AGREEMENT made in triplicate the 17th day of November, 1998. BETWEEN: ONTARIO HYDRO (hereinafter called "Hydro") OF THE FIRST PART - AND - THE CORPORATION OF THE TOWN OF PICKERING (hereinafter called "Town") OF THE SECOND PART - AND - THE METROPOLITAN TORONTO AND REGION CONSERVATION AUTHORITY (hereinafter called the "Authority") OF THE THIRD PART. WHEREAS Hydro and the Authority entered into a licence agreement dated July 4, 1973 for a term of twenty-five (25) years commencing July 1, 1973, together with the right to renew this agreement at its expiration for further consecutive periods of ten (10) years each upon the terms and conditions contained therein. AND WHEREAS the Authority granted, conveyed and transferred to the Town, the right to use and occupy the lands described in the above licence agreement pursuant to an assignment dated October 3, 1977 and made amongst the Authority, the Town and Hydro as parties of the First, Second and Third Parts respectively, which agreement and assignment are hereinafter collectively called and referred to as the "July 1973 Licence Agreement". AND WHEREAS the parties agree that, as of the effective date of this agreement, the Authority is to be released from all further obligation on its part and that no further consent or 2 · consult is thereafter required of the Authority with respect to the July 1973 Licence Agreement as hereby amended, the intent being that all references to the Authority shall thereafter be read as references to the Town. AND WHEREAS Hydro and the Town entered into a licence agreement dated August 3, 1973 (the "August 1973 Licence Agreement") for a term of twenty-five (25) years commencing April, 1 1973, together with the right to renew this agreement at its expiration for further consecutive periods of ten (10) years each upon the terms and conditions contained therein. AND WHEREAS Hydro and the Town entered into a further licence agreement dated May 19, 1978 (the "1978 Licence Agreement") for a term of twenty (20) years commencing June 1, 1978 with no right to renew this agreement upon its expiration. AND WHEREAS the Town desires to renew the Licence Agreements for further term of ten (10) years each and Hydro is agreeable thereto, subject to and upon the terms and conditions contained in this agreement; AND WHEREAS the above agreements are hereinafter collectively called the "Licence · Agreements" and individually called the "Licence Agreement". THIS AGREEMENT WITNESS that in consideration of Hydro agreeing to renew each of the Licence Agreements and the covenants and considerations herein contained and other good and valuable consideration (the sufficiency and receipt of which is hereby acknowledged), the parties hereby agree to the following amendments to each of the Licence Agreements and their renewal and extension as below provided, subject to and upon the following terms, conditions, covenants and promises hereby accepted and agreed to by the parties: The parties agree that as of the effective date of this agreement described in paragraph ten (10) hereof, the Town shall no longer be a party to the July 1973 Licence Agreement with the results that no further consult or consent of the Authority is thereafter required with respect to the July 1973 Agreement and that the Authority is thereafter released of, from and against any and any further obligations or liability to Hydro and the Town in that regard. o The Licence Agreements are each hereby amended by incorporating the covenants, terms and conditions contained in paragraphs two (2) to seven (7) inclusive and paragraph twelve (12) of this agreement of this agreement, and any reference therein or herein to: (a) "The Hydro-Electric Power Commission of Ontario" or the "Commission" in the Licence Agreements shall mean Hydro. (b) "Laws:' means all statutes, laws, by-laws, requirements, directions, orders, ordinances, rules, regulations and ordinances of any federal, provincial, municipal, regulatory or other competent authority, agency, government or other body or entity having jurisdiction in respect of all or any part of the Licence Lands or any use thereof or property, improvement, activities or conduct thereon by the Town, its workers, agents, contractors, permittees or members of the public and including without limitation, the rules and regulations of the Atomic Energy Control Board, the Ministry of the Environment, the Canadian Standards Association Standard C.22.3 as amended, the Occupational Health and Safety Act, R.S.O. 1990 as amended and all rules or regulations passed thereunder or similar safety protection codes. (c) "Licence Lands" means all or any part of the lands and premises comprising the Licence Agreements and includes any land or part therein described or referred to as the "premises" or the "said lands" or the "land". (d) "Operational Requirements of the Station" means any instructions, specifications, restrictions, rules, guidelines, regulations, uses, requirements or orders affecting or relating to all or any part of the Licence Lands or activities thereon (including the location and posting of signs,' the sufficiency of signage content or identification, the use of heavy equipment during any construction, installation, maintenance, repair, replacement or public event) as Hydro, by its workers, agents or contractors, advises from time to time is necessary or desirable in connection with all or any part of the Station, Hydro's adjacent lands or the purposes or business of Hydro from time to time. Without limiting the generality of the foregoing, the foregoing includes vegetation maintenance, any Design Standards of Hydro's transmission and distribution or other project division from time to time, any 'Safety Rules and Standards Protection Code' of Hydro as amended, any construction, installation, posting of signs, signage, sign content and identification, inspection, maintenance, repair, replacement, policing, security, demolition or removal of any building, structure, installation, signs, posts, gates, fences, apparatus, appliance, machinery, plant, equipment, vehicle, wire, line, facility or other work. (e) "Station" means all or any part of the Pickering Nuclear Power Development Site including related business operations and activities from time to time. (f) "Town" means The Corporation of The Town of Pickering, and includes any reference in the Licence Agreements to ~' . Corporation Of The Township Of Pickering or Pickering or the Authority. 3. The Town covenants and agrees with Hydro. lows: (a) the Town shall be . ale at Licence Lands and all p, 'ty the of or by the Town or its. xpense for maintaining and repairing the and for operating and causing all activities, members of the public, in compliance with 4 (b) (d) (e) (0 (g) all Laws and Operational Requirements of the Station, and to leave the Licence Lands ia good condition and repair to the satisfaction of Hydro. Hydro may from time to time give the Town notice in writing of any maintenance or repairs and Operational Requirements of the Station and the Town will make or comply with the same at its expense according to such notice. the Operational Requirements of the Station shall take precedence over any permission granted by the Licence Agreements and Hydro has the right at all times, to enter on, restrict, reduce, interrupt, suspend or discontinue the use of the Licence Lands or such parts and activities thereon by the Town or its permittees or members of the public and for such periods of time and upon such other terms and conditions as Hydro advises is necessary or desirable so that such Licence Lands, parts, uses or activities conform with all Laws and Operational Requirements of the Station. not to interfere in any way with or cause any change or damage to or allow any interference or change or damage by its workers, agents, contractors, permittees or members of the public to the Station or any equipment, facilities or works of Hydro now or hereinafter in, on or about the Licence Lands or adjacent lands of Hydro or any part. to ensure that the height of any permitted vehicle, buildings or structure, machinery load equipment, materials, supplies or other object, including attachments or people standing thereon or near any conductors of Hydro will not exceed 4.115m (13.5') above the existing grade and that adequate clearance shall be maintained at all times between any conductors and any vehicles, loads or other objects as specified in the Occupational Health and Safety Act, as amended and relevant Operational Requirements of the Station from time to time. not to bring, cause or allow to be brought or remain in or upon the Licence Lands any activities, uses, matters or substances of a hazardous, offensive or toxic nature and to not cause or permit any nuisance (public or private) or damage in, on or to the Licence Lands or adjacent lands of Hydro. Where, in the opinion of Hydro, a nuisance or damage exists and Hydro requires the Town to do so, the Town will forthwith abate the nuisance or damage and clean up the Licence Lands. The Town shall pay for the costs of all remedial action considered necessary by Hydro to abate any hazard, nuisance,, or offensive activity that the Town has failed to rectify or any damage or adverse impact to the Licence Lands or adjacent lands of Hydro arising from or attributable to activities, use or conduct of the Town or its permittees or members of the public. to clear and keep clear all roadways or pathways on the Licence Lands so that the same are always safe. and sufficiently passable by Hydro's workers, agents, contractors and permittees with their requisite vehicles, supplies and equipment. (h) to not promote, cause, conduct or allow and to prohibit and take all steps necessary to remove any activities (including kite flying and model airplane flying) or equipment or vehicles on the Licence Lands or any part which, in the opinion of Hydro, might interfere with the safe or efficient operation of the Station or its works, or be hazardous, dangerous, offensive, annoying or toxic and shall post signs in suitable locations on the Licence Lands to Hydro's satisfaction stating that these activities, equipment, vehicles and substances are prohibited. (i) the existing liability and indemnity obligations of the Town as. contained in the Licence Agreements include and the Town hereby assumes all liability or obligation for anY losses, damages or injuries (including death) to all property or persons attributable to any use, occupation, or other act or omission with respect to the Licence Lands or Hydro's adjacent lands or any part, whether authorized or unauthorized, by members of the public. (j) The Town shall indemnify and save harmless Hydro from and against all liabilities, fines, suites, demands, claims, actions and costs of any nature and kind for which Hydro shall or may become liable or suffer by reason of the breach or failure of performance by the Town of any covenant or provision in the Licence Agreements or herein. The Town shall maintain adequate public liability insurance in an amount not less than Five Million ($5,000,000.00) Dollars and in a policy satisfactory to Hydro in order to indemnify Hydro as provided for herein and in the Licence Agreements and this policy shall name Hydro as an additional named insured. A certified copy of such policy or a satisfactory certificate in lieu thereof shall be given to Hydro for approval on or before the renewal of the Licence Agreements and otherwise upon request. The Town acknowledges and agrees that Hydro shall in its discretion at all times and from time to time have the right without notice to the Town and without compensation, condition or restriction (including. without approval as to form, content, height, location or sufficiency), to enter upon, construct, install, post, erect, maintain, repair, replace, reconstruct, and relocate in or on the Licence Lands or any part, zh signs, signage, attachments, fixtures, notices, symbols ant Hydro determines nec~ opinion, interfere unr Licence Agreement in '.'mprovements, information booths, informat t or identification lated facilities, equipr-~,t, apparatus, equipment or works, as D' or desirable for i ,'poses so long as they do not, in Hydro's · -hlV with the .~ses of the Licence Agreements or the 6. The Licence Agreement~. Licence Lands may be car. ! rights a ..~ in whole ;ences thereby granted with regard to the part, as follows: (a) by Hydro if it advises the Town in writing at any time that the Licence Lands or any part described in such notice is required or desired for its purposes, upon the giving of sixty (60) days prior notice to the Town; (b) by Hydro if it advises the Town ~n writing at any time that it wishes to sell, develop, redevelop, lease or otherwise dispose of the Licence Lands or any part thereof described in such notice, in which case the Licence Agreements or the Licence Agreement or the respective pan of the Licence Lands described in such notice shall be automatically revoked upon the thirtieth consecutive day (including holidays) following further notice in writing from Hydro to the Town that Hydro has signed an agreement to sell, develop, redevelop, lease or otherwise dispose of the Licence Lands or such part; (c) by Hydro if there is an unrectified default of the Town as described below in paragraph 6(c) of this agreement. The parties agree that these rights are in addition and without prejudice to existing rights of termination in the Licence Agreements. 7. If any of the following events occur in respect of the whole or any part of the Licence. Agreements or Licence Lands: (a) if any amount due by the Town is not paid when due and the Town fails to rectify such default to the satisfaction of Hydro within (15) days notice from Hydro; (b) if the Town is in default under any other obligation on its part contained in the Licence Agreements as hereby amended and fails to rectify such default to the satisfaction of Hydro within thirty (30) days notice (unless such other shorter period shall be provided in the case of an emergency); (c) re-entry is permitted in the Licence Agreements; then, Hydro may at its option: (i) require-the Town to suspend, halt or cancel its activities or use of the whole or pan of the Licence Lands in question, for such reasonable periods of time as Hydro may require; (ii) re-enter upon and rectify the whole or pan of the Licence Lands in question to the satisfaction of Hydro and expel all persons and remove all property therefrom as Hydro considers advisable at the cost of the Town; (iii) terminate the Licence Agreements or Licence Agreement in question, without further notice or resort to legal process. If the Licence Agreements or any Licence Agreement is terminated or expires without a properly signed renewal and extension thereof by Hydro and the Town, the Town shall perform an environmental site assessment of the Licence lands in question and provide a copy of such report to Hydro within thirty days of such termination or expiration. The Town covenants and agrees at its expense that, notwithstanding termination or expiration of such Licence Agreements or Licence Agreement, the Town will remedy all adverse environmental conditions revealed by such assessment to the satisfaction of Hydro. (iv) on notice to the Town, require the Town to remove any or all property from the Licence Lands or part in question and restore the same to a good condition satisfactory to Hydro. If the Town fails to comply with such notice, then at the sole option of Hydro, all property in or on the Licence Lands or part in question shall become the ownership of Hydro who shall be entitled to take such action as it considers appropriate to use or dispose of the same and to restore the Licence Lands or part in question to a condition satisfactory to Hydro. o The Town and Hydro agree that the July 1973 Licence Agreement as hereby amended or supplemented (hereinafter collectively called the "July 1973 Licence Agreement") is hereby extended and renewed and shall continue in full force and effect for a further term of ten (10) years computed from June 30, 1998 and expiring May 31, 2008 and that they will perform and observe their respective 'covenants, provisos and conditions therein as fully as if such covenants, provisions and conditions had been herein repeated in full. The Town and Hydro agree that the August 1973 Licence Agreement as hereby amended (hereinafter collectively called the "August 1973 Licence Agreement") is hereby extended and renewed and shall continue in full force and effect for a further term of ten (10) years and two (2) months computed from April 1, 1998 and expiring May 31, 2008 and that they will perform and observe their respective covenants, provisos and conditions therein as fully as if such covenants, provisions and conditions had been herein repeated in full. 10. The Town and Hydro agree that the 1978 Licence Agreement as are hereby amended (hereinafter collectively called the "1978 Licence Agreement") is hereby extended and renewed and shall continue in full force and effect for a further term of ten (10) years computed from June 30, 1998 and expiring May 31, 2008 and that they will perform and observe their respective covenants, obligations, provisos and conditions therein as fully as if such covenants, provisions and conditions had been herein repeated in full. 11. The effective date of this agreement shall be the date of its signing by the last signatory; if this does not occur on or before December 31*t, 1998 and there is no extension or written agreement to the contrary, this agreement shall be void. 12. Any demand, hotice or other communication to be given in connection with the Licence Agreements or this agreement this shall be given in writing and may be given by personal or cOurier delivery, or by facsimile transmission with such party delivering the original with the necessary signatures and initials within forty-eight (48) hours of transmission, as follows: To: The Corporation of the Town of Pickering, Pickering Civic Complex, 1 The Esplanade, Pickering, Ontario L1V 6K7 Attention: Director of Parks Telephone: (905) 420-2222 Facsimile: (905) 420-0515 To: Ontario Hydro 700 University Avenue, Genco Services, Suite LC010, Toronto, Ontario M5G 1X6 Attention: Director, Corporate Real Estate Phone: (416) 266-0635 Facsimile: (416) 266-3465 To.' The Metropolitan Toronto And Region Conservation Authority c/o Gardiner, Roberts. Barristers & Solicitors, 40 King Street West, Suite//3100, Scotia Bank Plaza Toronto, Ontario M5H 3Y2 Phone No.: (416) 865-6600 Fax No.' (416) 865-6636, or to such other address, facsimile number or individual as may be designated by notice given by either party to the other. Any demand, notice or other communication shall be conclusively deemed to have been given when actually received by the addressee. 13. This agreement shall benefit and bind the parties below and their respective heirs, executors, successors, administrators and assigns. IN WITNESS WHEREOF the parties have caused the same to be executed by the signature of their proper officer(s) duly authorized in that behalf. SIGNED, SEALED AND DELIVERED In the presence of ) ) ) ) ) ) ) ) ) THE CORPORATION OF THE TOWN OF PICKERING per: Title: Mayor per: Title: Clerk (We have authority to bind the Corporation) SIGNED, SEALED AND DELIVERED In the presence of ~) ) ) ) ONTARIO HYDRO Per: Robert J. Strickert Title: Site Vice President, Pickering (I have authority to bind the Corporation) Pe~:'b~D.A. Grigg ~z~~ J T~ttle: Real Estate Consulter (I have authority to bind the Corporation) SIGNED, SEALED AND DELIVERED In the presence of THE METROPOLITAN TORONTO AND REGION CONVERSATION AUTHORITY Per: Title: Chairman per: Title: Secretary Treasurer (We have authority to bind the Corporation)