Loading...
HomeMy WebLinkAboutBy-law 3484/90 THE CORPORATION OF THE TOWN OF pICKERING BY-LAW NO. 3484 /90 Being a by-law to authorize the execution of a Licence Agreement with Rarnesh and Deborah Anne Parmar respecting part Lot 33, Range 3, B.F.C., Pickering (Parts 5 and 6, Plan 40R-8386) WHEREAS The Corporation of the Town of Pickering is the owner of that part of Lot 33, Range 3, Broken Front Concession, Pickering, designated as Parts 5 and 6, Plan 40R-8386, upon which it intends in the future to construct and maintain a municipal roadway but which, in the meantime, pursuant to the Municipal Act, R.S.O. 1980, chapter 302, section 193, it intends to license to the adjacent owners for outdoor residential purposes accessory to their residential use; 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 attachedhereto as Schedule A between The Corporation of the Town of Pickering and Ramesh Parmar and Deborah Anne Parmar respecting thatpart of Lot 33, Range 3, Broken Front Concession, Pickering, designated as Parts 5 and 6, Plan 40Ro8386. BY-LAW read a first, second and third time and finally passed this 18th day of June, 1990. Wayne .7~'thu~, Mayor TOWN CF ~PPR~3VE!) THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO, 3~48~ /90 Being a by-law to authorize the execution of a Licence Agreement with Ramesh and Deborah Anne Parmar respecting part Lot 33, Range 3, B.F.C., Picketing (Parts 5 and 6, Plan 40R-8386) WHEREAS The Corporation of the Town of Pickering is the owner of that part of Lot 33, Range 3, Broken Front Concession, Pickering, designated as Parts 5 and 6, Plan 40R-8386, upon which it intends in the future to construct and maintain a municipal roadway but which, in the meantime, pursuant to the Municipal Act, R.S.O. 1980, chapter 302, section 193, it intends to license to the adjacent owners for outdoor residential purposes accessory to their residential use; 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 attachedhereto as Schedule A between The Corporation of the Town of Picketing and Ramesh Parmar and Deborah Anne Parmar respecting that part of Lot 33, Range 3, Broken Front Concession, Picketing, designated as Parts 5 and 6, Plan 40R-8386. BY-LAW read a first, second and third time and finally passed this 18th day of June, 1990. Wayne 3~rthuf~, Mayor ruce ay or, 1~ -tOwN APPROVE~) LEGAL THIS LICENCE AGREEMENT made June 18, 1990. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING herein called the "town", Licensor, OF THE FIRST PART, - and - RAMESH PARMAR and DEBORAH ANNE PARMAR herein collectively called the 'Owner', Licensee, OF THE SECOND PART. WHEREAS the Town is the owner of that part of Lot 33, Range 3, Broken Front Concession, Picketing, designated as Parts 5 and 6,.Pla.n 40R-8386, of which the Owner wishes to have the exclusive use for the purpose of maintaining thereon landscaping works, grass and other vegetation accessory to the residential use of the Owner's lands, being that part of the Lot designated as Part 1, Plan 40R-8386; NOW THEREFORE THIS AGREEMENT W1TNESSETH that, in consideration of the ~emises and the mutual covenants and conditions herein c. ont.a~.ed, and the sum of Two ollars now paid by the Owner to the Town, receipt of which is hereby acknowledged, the Parties hereto agree as follows: 1. In this Agreement, the term, (a) '!Owner's Lands" means that part of LOt 33, Range 3, Broken Front Concession, Picketing, designated as Part 1, Plan 40R-8386; (b) "Fown's Lands" means that part of Lot 33, Range 3, Broken Front Concession, Picketing, designated as Parts 5 and 6, Plan 40R-8386. 2. The Town hereby grants to the Owner an exclusive licence, herein referred to as the "Licenc~", to occupy the Town's Lands for the purpose of outdoor activities accessory to the residential use of the Owner's Lands, including the placing, planting and maintaining thereon of landscaping works, grass and other vegetation, subject to the terms and conditions of this Agreement. 3. (1) The Licence hereby granted, (a) shall not transfer any possessory or leasehold interest in the Town's Lands to the Owner; (b) shall be effective 24 hours per day, every day of every year during the term of the Licence; and (c) shall not preclude or prevent the Town from using the Town's Lands for any purpose in an emergency. (2) For the purposes of clause (c) of subsection (1), above, the Owner shall ensure that pedes~ian ..ar~.d vehtcular access by the Town, its servan~ agents and employees, ~s avadable on, along and across the Town's ! ands at all times. 4. The .Owner shall use and m~ntain, the Town's Lands only for th.e purpose of outdoor activitaes access.ory .to the resMennal use of. the Owner's Lands, including the placing, planting and mmntaining thereon of landscaping works, grass and other vegetation, and for no other purposes. 5. (1) Prior to the placing of any landscaping works or the planting of any grass or other vegetation on the Town's Lands, the Owner shall advise the Town and obtain the approval of the Town's Director of Public Works thereto. (2) The Owner shall comply with any condition or requirement imposed by the Director in the approvalprocess. (3) The Owner shall be solely res. ponsible for the full cost of the placing, planting and maintenance of the landscaping works, grass and other vegetation on the Town's Lands. (4) If the Owner fails to complete the pla. cin~ or planting of the landscaping works, grass 9r other vegetation, or to maintain them to the Director's satisfaction followang completion, then the Town may, upon seven day's notice to the Owner, enter upon the Town's Lands for the purpose of completion or main.tenance, as the case may be, and any costs incurred by the Town by re?on of so doing shall be paid to the Town by the Owner within 30 days of recetpt by the Owner of the Town's invoice therefor. 6. (1) The Owner shall pay any taxes or other similar charges that may be levied on or after the date hereof against the Town's Lands. (2) The Owner shall indemnifij and save harmless the Town of and from all manner of claims, damages, losses, costs or charges whatsoever occasioned to or. suffered b.y or tmposed upon the To .w~. or.the Town's I ands, either directly or mdirectly, m respect of any matter or thing m consequence of or in connection with or arising from the Owner's use or rmsnse of the Town's Lands or .fi.om any operation connected therewith or in respect of any accident, damage or injury to any person, animal or thing by, from or on account of the same. 7. (1) The term of t.his Licence shall be for a period of ten years commencing on July 1, 1990, and expiring on June 30, 2000, or the date that the Owner ?eases t.o be the owner of the Owner's Lands, whichever first occurs, unless the Lmence ts earlier revoked, terminated or surrendered pursuant to the provisions of subsection (2), below. (2) The Licence hereby granted may be, (a) revoked by the Town upon 60 day's written notice to the Owner; (b) terminated at any time upon the written agreement of the Parties; and (c) surrendered by the Owner upon 60 day's witten notice to the Town. (3) Notwithstanding the provisions of subsections (1) and .(2), above, the Town may temporarily suspend the Licence, upon two day's not,ce to t.h.e .O~n.. er, for the pc. nod of const.ru, ction, in the event that .the Tow~. or a pubhc utihty authority wishes to install, inspect, repair or maintmn a serwce on, fn or under the Town's lands. (4) In the event the Licence is suspended, pursuant to the provisions of subsection (2), the operation of all terms and condittons of this A. greement, except sections 7, 8 and 9, shall also be suspended for the same period of time. -2- 8. (1) Any notice, docume, nt or. .other communication.required orpermitted to be give.n. hereunder shall be ~n venting and shall be sufficiently given if sent by prepaid mail or delivered, (a) in the case of the Owner, to either of Ramesh or Deborah Anne Parmar, at 1002 Riverview Crescent, Pickering, Ontario L1V 4M5 and (b) in the case of the Town, to the Town Clerk, at Pickering Civic Complex, One The Esplanade, Pickering, Ontario L1V 6K7 (2) Ea.ch Party may redesignate the person or the address, or both, to whom or at which such notice, document or other communication shall be given by giving written notice to the other. (3) Any such notice, document or other communication shall be deemed to have been given on the first business day following the day of mailing or the day of delivery, as the case may be. 9. (1) This Agreement and everything herein contained shall extend to, bind and enure to the benefit of the Parties hereto. (2) This Agreement is not assignable, in whole or in part, by either Party. IN WITNESS WHEREOF, the Town has hereunt.o affrxed its corporate seal, duly attested by its proper authorized officers, and the persons comprising the Owner have hereunto set their hands andseals. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk In the presence of Ramesh Parmar Deborah Anne Parmar -3-