HomeMy WebLinkAboutBy-law 1501/82THE CORPOP~TION OF THE TOWN OF PICKERING
BY-LAW NO. 1501/82
Being a By-Law to authorize the execution of
a Licence Agreement between the Corporation
of the Town of Pickering and Pickering
Hydro-Electric Commission respecting the
occupation by the Commission of Part Block
2, Plan 40M-1231 and part of the road allow-
ance between Lots 20 and 21, Concession 1
(Parts 1-11, Plan 40R-6884 - Valley Farm
Road Hydro-Electric Substation)
WHEREAS the Corporation of the Town of Pickering is the owner, in fee
simple, of certain lands and premises comprising part of Block 2, Plan
40M-1231 and part of the road allowance between Lots 20 and 21, Conces-
sion 1, designated as Parts 1-11, Plan 40R-6884; and
WHEREAS Pickering Hydro-Electric Commission has requested that it be
allowed to make use of those lands for the purpose of the construction
and operation of the Valley Farm Road Hydro-Electric Substation;
NOW THEREFORE, the Council of the Corporation of the Town of Pickering
HEREBY ENACTS AS FOLL~S:
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 Pickering and Pickering Hydro-
Electric Commission respecting the use of part of Block 2, Plan
40M-1231 and part of the road allowance between Lots 20 and 21,
Concession 1, being Parts 1-11, Plan 40R-6884 (Valley Farm Road
Hydro-Electric Substation).
BY-LAW read a first, second and third time and finally passed
21st day of June , 1982.
this
SCHEDULE "A" TO BY-LAW NUMBER 1501/82
THIS LICENCE AGREEMENT made in duplicate this 17th day of May, 1982.
BETWEEN :
THE CORPORATION OF THE TOWN OF PICKERING
Licensor (hereinafter referred to as the "Town")
OF THE FIRST PART,
- and-
PICKERING HYDRO-ELECTRIC COMMISSION
Licensee (hereinafter referred to as the "Commission")
OF THE SECOND PART.
WHEREAS the Town is the owner, in fee simple, of those lands and premises
more particularly described in Schedule "A" attached hereto, which
lands and premises are hereinafter referred to as the "subject lands";
and
WHEREAS the Commission requires occupation of the subject lands for the
purpose of the construction and maintenance of a municipal electric
substation thereon;
NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT in consideration of the
sum of Ten Dollars ($10.00) paid by the Commission to the Town, receipt
of which by the Town is hereby acknowledged, and of the mutual coven-
ants, terms and conditions hereinafter set out, the Parties hereto
agree as follows:
The Town hereby grants a licence to the Co~nmission to occupy the
subject lands for the purpose of the construction and maintenance
thereon, at the sole expense of the Commission, of a municipal
electric substation, including the construction, installation and
maintenance of power cables, communication cables, wires, con-
duits, conduit structures, poles, pole structures, metal enclosed
switchgear assemblies, metal enclosed high voltage ducts, power
transformers, metalclad indoor switchgear, relas, s, meters, breakers,
batteries, building enclosures, foundation structures, fencing,
driveways, switchgear yard, sidewalks and landscaping.
o
The licence granted hereby is not intended to and shall not trans-
fer any possessory right or interest to the Commission from the
Town.
3. (1) The licence hereby granted shall expire on April 30th, 2081,
unless earlier terminated.
- 2
(2)
The licence hereby granted may be terminated
ten year's written notice to the Commission,
the Town has re-entered the subject lands or
thing in respect to them.
by the Town upon
whether or not
done any act or
The Town agrees that the Commission may, in furtherance of its
right to occupy the subject lands pursuant to the licence hereby
granted, maintain,
(a)
uninterrupted ingress and egress of equipment by means of two
driveways off Sheridan Mall Parkway; and
(b)
uninterrupted ingress and egress of wires and cables, either
overhead or underground, including conduits, support struc-
tures and other appurtenances necessary for such ingress and
egress, off Sheridan Mall Parkway.
The Commission shall at all times indemnify and save harmless the
Town from and against all claims, demands, loss, cost, damages,
actions, suits or other proceedings by whomsoever made, sustained,
brought or prosecuted in any manner based upon, occasioned by or
attributable to anything done or omitted to be done by the Com-
mission in its use and maintenance of the subject lands, or any
buildings or structures thereon, or any appurtenances thereto.
If the subject lands are at any time during the currency of this
Agreement assessed for realty or other tax purposes, then in that
event, the Commission shall pay to the Town during the currency of
the Agreement, all such realty or other taxes payable as a result
of such assessment.
7. (1)
(2)
Neither the Town nor the Commission shall have the right to
assign this Agreement or any rights hereunder, to any other
party.
This Agreement and everything herein contained shall extend
to, bind and enure to the benefit of the Parties hereto.
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
PICKERING HYDRO-ELECTRIC COMMISSION
Per:
Per:
SCHEDULE "A"
ALL AND SINGULAR those certain parcels and tracts of lands and premises
situate, lying and being in the Town of Pickering in the Regional Muni-
cipality of Durham and Province of Ontario and more particularly des-
cribed as follows:
FIRSTLY,
Those parts of Block 2, according to a plan registered in the Land
Registry Office for the Land Titles Division of Durham (No. 40) as
Plan 40M-1231, designated as Parts 1, 4, 7 and 10 on a plan of
survey of reference deposited in the said office as Plan 40R-6884;
and
SECONDLY,
Those parts of the road allowance between Lots 20 and 21, Conces-
sion 1, designated as Parts 2, 3, 5, 6, 8, 9 and 11 on the said
Plan 40R-6884.