HomeMy WebLinkAboutBy-law 853/78THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 853/78
Being a By-law to authorize the execution
of a Use and Occupancy Agreement between
the Corporation of the Town of Pickering
and Ontario Hydro respecting parts of Lot
22, Ranges 2 and 3, Broken Front Conces-
sion.
WHEREAS pursuant to the provisions of paragraph 68 of section
352 of The Municipal Act, R.S.O. 1970, c. 284, by-laws may
be passed by the councils of all municipalities for, inter alia,
acquiring land for and establishing public parks in a municipal-
ity;
AND WHEREAS it is deemed desirable to acquire the use and
occupancy of certain lands in Lot 22, Ranges 2 and 3, Broken
Front Concession, from the owner thereof, Ontario Hydro, for
the purposes of a public park;
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 Use and Occupancy Agreement
in the form attached hereto as Schedule
"A" between the Corporation of the Town of
Pickering and Ontario Hydro respecting
parts of Lot 22, Ranges 2 and 3, Broken
Front Concession.
BY-LAW read a first, second and
this Ju(, day of (/
TO%IVN OF
PICKERING
APPROVED
AS ]0, FORM
third time and finally PASSED
, 1978.
_PT
Clerk PV% 11?
SCHEDULE "A" TO BY-LAW NUMBER 553-9
THIS AGREEMENT made, in triplicate, this 19th day of May,
1978,
BETWEEN: ONTARIO HYDRO
herein called Hydro
OF THE FIRST PART
- and -
THE CORPORATION OF THE TOWN OF PICKERING
herein called Pickering
OF THE SECOND PART
WITNESSETH that in consideration of the terms and conditions
herein contained, Hydro grants, conveys and transfers to
Pickering, but subject to all the terms and conditions
herein contained, the right to use and occupy those parts of
Lot 22, Ranges 2 and 3, Broken Front Concession, of the
former Township of Pickering, now in the Town of Pickering,
as indicated coloured green and yellow on the sketch attached
hereto, for park purposes only.
The terms and conditions which Pickering covenants and
agrees to observe and be bound by are as follows:
1. This Agreement shall commence on June 1, 1978, and
terminate on June 29, 1998, subject to termination on six
months' notice in the event Hydro is requested so to do by
the Government of Canada or Ontario or The Atomic Energy
Control Board.
2. Pickering shall pay or assume all taxes, rates or grants
in lieu thereof assessed or levied against the said lands in
each year during the period this Agreement remains in force
or pay to Hydro an amount equal to the amount of the annual
taxes, rates or grants in lieu of taxes paid by Hydro in
each year for the lands herein.
3. Pickering shall not use or permit to be used the lands
indicated coloured yellow on the sketch hereto for other
than recreational beach activities and the lands indicated
coloured green on the sketch hereto for parking unless
specific approval of Hydro has been obtained, and shall
at Pickering's own expense erect and maintain a suitable
barrier to separate the parking area from the beach area.
4. Pickering shall assume all liability and obligation for
any and all loss, damage or injury, including death, to
persons or property that happens as a result of or arises
out of the use and occupation of the said lands by Pickering
or members of the public and Pickering shall at all times
indemnify and save harmless Hydro from and against all such
loss, damage or injury and all actions, suits, proceedings,
- 2 -
costs, charges, damages, expenses, claims or demands arising
therefrom or connected therewith; provided that Pickering
shall not be liable under this paragraph to the extent to
which such loss, damage or injury is caused or contributed
to by the neglect or default of Hydro, its servants, or
agents, or by radioactivity incidents.
5. All property of Pickering or members of the public at
any time on the lands herein or Hydro's adjacent lands shall
be at the sole risk of Pickering and Hydro shall not be
liable for any loss or damage thereto however occurring and
Pickering releases Hydro from all claims and demands in
respect of any such loss or damage, except and to the extent
to which such loss or damage is caused or contributed to by
the neglect or default of Hydro, its servants or agents,
or by radioactivity incidents.
6. Pickering may permit members of the public to use the
lands herein for the purposes set out and in accordance with
the terms hereof, but this Agreement and all rights granted
hereby shall not be assigned by Pickering and it shall be
and remain the responsibility and obligation of Pickering to
enforce adherence to the terms and conditions herein contained
by any such persons.
7. If in the opinion of Hydro Pickering does anything or
permits anything to be done on the lands which may be a
nuisance or cause damage, Hydro shall notify Pickering of
such activity and Pickering shall have thirty days in which
to remedy such nuisance.
8. The location and plans of any area or areas for the
parking of motor vehicles must have the prior approval of
Hydro. Except for the parking of motor vehicles in such
designated areas, all motorized vehicles and equipment
other than those of Pickering used for maintenance purposes
shall be prohibited.
9. Pickering shall endeavour to prevent motor boats from
using the area East of the Liverpool Road Bridge.
10. Any signs to be erected by Pickering must have the prior
approval of Hydro.
11. No permanent habitation shall be allowed on the lands.
12. No buildings, structures or other facilities or obstruc-
tions shall be constructed or placed on the lands.
13. The limits of the lands shall be posted by Hydro to
inform members of the public that the land is part of the
Pickering Generating Station complex and as such subject to
rules and orders of Station personnel.
14. Since Hydro is responsible for maintaining radiation
safety based on the monitoring methods and measurements as
prescribed by The Atomic Energy Control Board from time to
time it reserves the right to enter on the lands at all
times to install, operate and maintain such monitoring
equipment and any warning system connected therewith, and to
- 3 -
control entry, require vacation of the land and temporarily
or permanently close the land to public use in case of
emergency or in practice for an emergency.
15. Pickering shall be responsible for maintaining the area
to the satisfaction of Hydro.
IN WITNESS WHEREOF the parties hereto have caused this
Agreement to be executed by affixing their respective
corporate seals attested by the signatures of their proper
officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED
in the presence of
ONTARIO HYDRO
THE CORPORATION OF THE
TOWN OF PICKERING
f
j
i nL
i
WHARF ;TIRCET
l??` J'I' , JC)? ? J
d
h
?I Part Lot 22 Ranges 2 and 3
Broken Front Concession
Town of Pickering
• O
Scale 1•=200'
c)
z
r
In
v
00
w
0
o o D) ?
k-n
G)zoE r
rZ3rl
x r• r•
rn 0 H •C o
(D ril
O t H.
C
p n o a
rt r• p
rt 0
o
n
o• 9
C
G
m
G97
r?
z
H
F-3
x
r?
C)
0
x
ro
a
H
°z
0
P-j
F-3
x
t+7
a
O
N
O
'TJ
ro
H
n
x
r?
H
z
w
a
O
z
9
H
0
x
?C
d
0
d
H
[TJ
d