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HomeMy WebLinkAbout By-law 1716/83THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1716/83 Being a by-law to authorize the execution of a Licence Agreement between the Corpor- ation of the Town of Pickering and Ontario Condominium Corporation No. 11 respecting Part Lot 23 and part closed road allowance between Lots 23 and 24, Range 3, Broken Front Concession, Pickering WHEREAS the Corporation of the Town of Pickering is the owner in fee simple of lands comprising part of Lot 23 and part of the closed road allowance between Lots 23 and 24, Range 3, B.F.C., Pickering; and WHEREAS those lands were acquired or retained for open space purposes and are not actively being used at the present time; 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", between the Corporation of the Town of Picketing and Ontario Condominium Corporation No. 11 respecting part of Lot 23, and part of the closed road allowance between Lots 23 and 24, Range 3, B.F.C., Picketing (Private Parking Area). BY-LAW read a first, second and third time and finally passed this 4th day of July, 1983. TOWN OF LEGAL Schedule "A" to By-law 1716/83 THIS AGREEMENT made in triplicate this 4th day of July, 1983. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING hereinafter referred to as the "Town", Licensor OF THE FIRST PART, - and - ONTARIO CONDOMINIUM CORPORATION NO. 11 hereinafter referred to as the "Owner", Licensee OF THE SECOND PART. WHEREAS the Town is the owner in fee simple of certain lands and premises compris- ing part of Lot 23 and part of the closed road allowance between Lots 23 and 24, Range 3, Broken Front Concession, Picketing, for open space purposes; and WHEREAS the Owner is the owner in fee simple of certain lands and premises, being Ontario Condominium Plan No. ll, Pickering, adjacent to the Town's lands, and upon which is located a residential condominium and related appurtenances; and WHEREAS the Owner wishes to expand its private parking facilities onto the Town's lands; NOW THEREFORE, this Agreement witnesseth that, in consideration of the premises and the mutual covenants and conditions herein contained, and the sum of Two Dol- lars ($2.00) now paid by the Owner to the Town, receipt of which is hereby acknow- ledged, the Parties hereto agree as follows: The Town hereby grants to the Owner an exclusive licence, hereinafter re- ferred to as the "Licence", to occupy those lands comprising part of Lot 23 and part of the closed road allowance between Lots 23 and 24, Range 3, Broken Front Concession, Pickering, as outlined in Schedule "A" hereto, which lands and premises shall hereinafter be referred to as "the Lands", subject to the terms and conditions of this Agreement. (i) The Licence hereby granted, (a) shall not transfer any possessory or leasehold interest in the Lands to the Owner; (b) shall be effective twenty-four (24) hour's 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 Lands as a municipal facility or in any other manner in the event of an emergency. For the purposes of clause (c) of subsection (]), above, the Owner shall ensure that continuous access is available between St. Martin's Drive and the Lands. (z) (3) The Owner shall develop, maintain and use the Lands for private non-commercial vehicle parking purposes only. Such development shall include the grading and surfacing of the Lands, installation of adequate lighting, erection of fences and installation o£ vehicle barriers. For such purposes, the Owner shall provide all necessary administration and supervision and comply with all governmental requirements, including but not necessarily limited to, those of the Metropolitan Toronto and Region Conservation Authority. (1) (2) (3) (4) Prior to the commencement of any development of the Lands, the Owner shall submit detailed plans and drawings of the proposed development to the Town for its written approval, and shall not commence development until such time as approval is granted. The Owner shall undertake and complete development in accordance with the approved plans and drawings and shall maintain the Lands in accor- dance therewith. The Owner shall be responsible for the full cost of the development and maintenance of the Lands. If the Owner fails to complete development, or to maintain the Lands to the Town's satisfaction following completion, then the Town may, upon seven (7) day's notice to the Owner, enter upon the Lands for the pur- pose of completion or maintenance, as the case may be, and any costs incurred by the Town by reason of so doing shall be paid to the Town by the Owner within thirty (30) days of receipt by the Owner of the Town's invoice therefor. (i) The Owner shall pay all taxes or other similar charges levied on or after July 4th, 1983, against the Lands. (2) The Owner shall indemnify and save harmless the Town of and from all manner of claims, damages, losses, costs or charges whatsoever occa- sioned to or suffered by or imposed upon the Town or the Lands, either directly or indirectly, in respect of any matter or thing in consequence of or in connection with or arising from the Owner's development, main- tenance 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. (1) The term of this Licence shall be for a period of ten (10) years commenc- ing on July 4th, 1983 and expiring on July 3rd, 1993, unless the Licence is earlier revoked, terminated or surrendered pursuant to the provisions of subsection (2), below. (2) The Licence hereby granted may, (a) be revoked by the Town upon thirty (30) days written notice to the Owner; (b) be terminated at any time upon the written agreement of the Parties; and - 2 - (3) (c) be surrendered by the Owner upon thirty (30) days written notice to the Town. Notwithstanding the provisions of subsections (1) and (2), above, the Town may temporarily suspend the Licence, upon twenty-four (24) hour's written notice to the Owner, in the event of an emergency. 7. (1) (2) (3) 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 personally, (a) in the case of the Owner, to the President, Ontario Condominium Corporation No. ll, Unit , 1235 Radom Street, Pickering, Ontario, and (b) in the case of the Town, to the Town Clerk, at 1710 Kingston Road, Picketing, Ontario. Each 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. Any such notice, document or other communication shall be deemed to have been given on the first business day following the date of mailing or the date of delivery, as the case may be. The Licence granted hereby is personal and shall not be assigned either in whole or in part by the Owner without the express written consent of the Town, which consent may be arbitrarily refused. 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 Mayor Clerk ONTARIO CONDOMINIUM CORPORATION NO. 11 President Secretary -3- SCHEDULE "A"