HomeMy WebLinkAboutBy-law 2458/87THE CORPORATION OF %HE TOWN OF PICKERING
BY-LAW NO. 2458 /87
Being a by-law to authorize the execution of a
Licence Agreement between The Corporation of
the Town of Picketing and the Regional Munic-
ipality of Durham with respect to the use by the
Region of a part of the Eyer Drive road allowance
(Lookout Point Booster Pumping Station).
WHEREAS The Corporation of the Town of Picketing is the owner of Eyer Drive; and
WHEREAS the Regional Municipality of Durham has requested that it be allowed to
install certain facilities in a part of the Town's lands for certain purposes;
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 Agree-
ment, in the form attached hereto as Schedule A, between The Corpo-
ration of the Town of Picketing and the Regional Municipality of Durham
respecting the use by the Region of part of Eyer Drive (Lookout Point
Booster Pumping Station).
BY-LAW read a first, second and third time and finally passed this 4th day of May,
1987.
/5~6hn E. ~ndet~sbfl, Mayor
z/~ UC Taylor, der/~f/
TOWN Of
APPROVED
THIS AGREEMENT MADE this 4th day of May, 1987.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
(hereinafter called the "Licensor")
OF THE FIRST PART,
- and -
THE REGIONAL MUNICIPALITY OF DURHAM
(hereinafter called the "Licensee")
OF THE SECOND PART.
WHEREAS the Licensee is the owner of the Lookout Point Booster Pumping Station, in
the Town of Pickering in the Regional Municipality of Durham; and
WHEREAS the Licensor is the owner of the road allowance known as Eyer Drive and
has agreed to give the Licensee a right to enter upon and use a portion thereof for
certain purposes;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the sum of
ONE ($1.00) DOLLAR now pMd by the Licensee to the Licensor, the receipt and
sufficiency whereof is hereby acknowledged, the Parties hereto hereby agree as
follows:
The Licensor hereby grants a licence to the Licensee to occupy that part of the
Licensor's road allowance known as Eyer Drive occupied by and adjacent to the
Licensee's booster pumping station, diagonally hatched on the sketch attached
as Schedule A hereto, (herein called the "Lands"), for the purpose of maintain-
ing the existing booster pumping station therein.
(1)
(2)
The Licence hereby granted,
(a) shall not transfer any possessory or leasehold interest in the
Lands to the Licensee;
(b)
shall be effective twenty-four hours per day, every day of every
year during the term of the Licence; and
(c)
shall not preclude or prevent the Licensor from using the Lands
for sidewalk and boulevard purposes.
For the purposes of clause (c) of subsection (1) the Licensee shall ensure
that continuous access is available on, along and across the Lands at all
time s.
(1)
(2)
(3)
(4)
Prior to the commencement of any works to be performed on the Lands,
the Licensee shall advise the Licensor and obtain the written approva] of
the Licensor's Director of Public Works thereto.
The Licensee shall comply with any requirement made by the Director in
the process of approving the works.
The Licensee shall be solely responsible for the full cost of the installa-
tion, replacement, reconstruction and operation of any sidewalk and
boulevard works on the Lands and for any repair and reconstruction of
the Lands or any sidewalk or boulevard thereon as public highway that
may be required by the Director as a result of the presence in the Lands
of the Licensee's booster pumping station and the installation, inspection,
alteration, repair, replacement, reconstruction or operation thereof.
If the Licensee fails to maintain the booster pumping station or the Lands
to the Licensor's satisfaction, then the Licensor may enter upon the
Lands for such purpose and any costs incurred by the Licensor by
reason of so doing shall be paid to it by the Licensee within thirty days
of receipt by the Licensee of the Licensor's invoice therefor.
(1)
The Licensee shall pay any taxes or other similar charges that may be
levied on or after the date hereof against the Lands.
(2)
The Licensee shall indemnify and save harmless the Licensor of and from
all manner of claims, damages, losses, costs or charges whatsoever occa-
sioned to or suffered by or imposed upon the Licensor or the Lands,
either directly or indirectly, in respect of any matter or thing in conse-
quence of or in connection with or arising from the Licensee's maintenance
or use of the Lands or from 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.
(3)
(a)
During the term hereof, the Licensee shall maintain a Liability
Insurance Policy in a form satisfactory to the Licensor, showing
the Licensor as a named insured, indemnifying the Licensor from
any loss arising from or claims for damages, injury or otherwise
in connection with or arising from the Licensee's maintenance or
use of the Lands or from 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.
(b) The minimum amount of the Policy shall be $1,000,000.
(c)
In the event any renewal premium is not paid, the Licensor, in
order to prevent the lapse of the Liability Insurance Policy, may
pay the renewal premium or premiums and the Licensee shall pay
the cost of such renewal or renewals within thirty days of the
account therefor being rendered by the Licensor.
(d)
The Licensee shall notify the Licensor of the dates for the renew-
al of the premium of the policy and to supply proof that the
premium of the policy has been paid in order that the protection
provided by the Liability Insurance Policy shall not lapse.
(1)
The term of this Licence shall commence on May 4,
when,
(a)
1987 and shall expire
(h)
whichever first occurs, unless the Licence is earlier revoked,
or surrendered pursuant to the provisions of subsection (2).
the Licensee ceases to be the owner of the Lookout Point Booster
Pumping Station; or
the Licensee removes the Lookout Point Booster Pumping Station,
terminated
6. (i)
(2) The Licence hereby granted may be,
(z)
(a) revoked by the Licensor upon six month's written notice to the
Licensee;
(b)
terminated at any time upon the written agreement of the Parties;
and
(c)
surrendered by the Licensee upon six month's written notice to
the Licensor.
Any notice, document or other communication required or permitted to be
given hereunder shall be in writing and shall be sufficiently given if sent
by prepaid registered mail or delivered,
(a)
in the case of the Licensee, to the Regional Clerk at 605 Rossland
Road East, Whitby, Ontario, LiN 6A3
(b)
in the case of the Licensor, to the Town Clerk, at 1710 Kingston
Road, Picketing, Ontario, L1V 1C7
The Licensor may redesignate the person to whom and each address 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,
(a) if mailed by prepaid registered mail, on the third business day
following the date of mailing, and
(b) if delivered, on the day of delivery.
7. This Agreement and everything herein contained shall extend to, bind and
enure to the benefit of the Parties hereto, their successors and assigns.
IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their corporate
seals, duly attested by their proper authorized officers,
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
John E. Anderson, Mayor
Bruce Taylor, Clerk
THE REGIONAL MUNICIPALITY OF DURHAM
Gary Herrema, Regional Chairman
Cecil W. Lundy, Clerk
LLI
Schedule A
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OKLAHOMA DR.
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RECEIVED
FEB 5 t981
SOLICITOR
TOWN Of PICKERIHG
L . ~,'ICKI DR.
Durham, }~=gion of
- Lookout Point Booster Pumping
S ration
- Eyer Drive
- Licence Agreement
Legal Department
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