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Home My WebLink AboutBy-law 5166/97REPEALED BY , REPEALS . AMENDED BY ~ , I AMENDS DISPOSITION THE CORPO~TiON OF THE TOTM OF PICKERING Being a by-law to authorize the execution of a Lease Agreement between The Corporation of the Town of Pickering and Picketing Hydro-Electric Commission respecting Tillings Road Works Centre. WHEREAS, pursuant to the provisions of subsection 191(1) of the Municipal Act, R.S.O. 1990, chapter M.45, the Council of The Corporation of the Town of Picketing may by by-law lease premises owned by the Corporation; NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: i. The Mayor and Clerk ale hereby authorized to execute a Lease Agreement, in the form attached he.to ~e ~ha~h,Ie A, ~' ~ ,l~ t--,~ .: ............ w ......... ur-pora.on of the Town of Pickering and Pickering Hydro- Electric Commission respecting the utilization, by the commission, of a part of the Town's VHF communication facility. BY-LAW read a first, second and third time and finally passed this 15th day r~£December, 1997. Wayne Arthurs, Mayor Bruce Taylor, Clerk TOWN PICF. EPING ~L DEPT._ L~ · ~ OF REPORT TO COUNCIL FROM: Penny Wyger DATE: December 5, 1997 Town Solicitor REPORT NUMBER: L 188/97 SUBJECT: Pickering Hydro-Electric Commission - Lease Agreement with Pickering - Tillings Road Works Centre - File: L9507 RECOMMENDATION: A by-law should be enacted to authorize the execution of a Lease Agreement between the Town and Pickering Hydro-Electric Commission respecting the use by that company of part of the Town's VHF communications facilities for the Commission's purposes. ORIGIN: Expiry of Lease. AUTHORITY: Municipal Act, R. S .O. 1990, chapter M.45, subsection ! 91 ( I ). FINANCIAL IMPLICATIONS: Nil BACKGROUND: On May l, 1980 the Town entered into an agreement with Picketing Hydro Electric-Commission respecting the utilizing, by the Commission, of a pan oftbe Town's V.H.F. communication facilities for the Commission's purposes. Notwithstanding that the Commission has continued to provide insurance to the Town for this purpose, the agreement expired on April 30, ! 985 and through inadvertence was never renewed. The proposed Lease Agreement attached is in the same format as previously approved, wi~ the appropriate date changes. ATTACHMENTS: 1. Draft by-law with proposed Lease Agreement attached as Schedule A. Attachments Copy: Director of Parks and Facilities Schedule A THIS AGREEMENT made this 15th day of December, 1997. BETWEEN: THE CORPORATION OF THE TOWN OF PIC~EglNQ hereinafter called the "Town" OF THE FIRST PART, - and - PICKERING HYDRO-ELECTRIC COMMISSION hereinafter called the "Commission" OF THE SECOND PART. WHEREAS the Town owns and operates, for its own purposes, certain V.H.F. communications facilities located at the Town's Works Centre on Tillings Road in the Town of Pickering; and WHEREAS the Commission is the electrical power distribution authority in and for the Town. NOW THEREFORE THIS AGREEMENT WITNESSETH THAT, in consideration of the terms, covenants and ~.o,,~,,,o,~ herein c~,.~am~u, anu the sum o~ ~,~.vv paid by eac[, par~y to the other (the receipt and sufficiency of which is hereby acknowledged) the Parties hereto agree as follows: !. The Town shall permit the Commission, (a) to use the Town's V.H.F. communications tower, located at the Town's Works Centre on Tillings Road in the Town of Picketing, and (b) to establish and maintain a remote base station in the Mechanical Room of the said Centre, for the purpose of operating two V.H.F. frequencies for Commission purposes, subject to the terms and conditions herein. 2. The permission granted hereby is not intended to and shall not transfer any possessory right or leasehold interest to the Commission from the Town. 3. The permission hereby gr~nted is revocable by the Town, (a) at any time, in the event of an emergency; (b) at any time, in the event that the operation of the Commission's communications system interferes in any way with the operation of the Town's communications system; (c) upon six month's written notice to the Commission; or (d) upon the removal, by the Commission, of the Commission's communications equipment. 4. The cost of installation, maintenance and removal of the Commission's equipment shall be borne by the Commission, and upon removal, the Commission shall at its sole expense, effect any necessary repairs to the Town's property. 5. DUring the term ofthis Agreement, and so long as the permission hereby granted has not been revoked by the Town pursuant to section 3, the Commission shall be responsible for, and shall effect, at its sole expense, on a regular basis and when requested by the Town, all necessary repairs and maintenance to the Town's conununications tower, its guy wires and warning lights, including the replacement of non-functioning '- :6, ~ (1) The Town shall not be liable to the COmmission or any other perSOn of damage to any or all of the Comm~ issiOn~s e'qui ,l??t locat~l at th~ Town's Work's Con~ pursuant to this Ag~m~nt, nor for : ~ r : J ~y a~; ~ Or ~j~' including l°ss of llfe;to any emPloyee, servant, al~nt o~ eontr~tor of the ~!(~ :'~i i: :: ::/: o-~ramis~i°n, ~hile at the ToWms WOrks C°ntr~, how~-v% eaus~ : (2) The Commission shall at ali times indcmni~ and save harmless the Town from and against all claims, demands, loss, costs, 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 bc done by the Commission in its usc and/or maintenance of communications equipment owned by the Commission and/or the Town, or caused by, resulting from or attributable to communications equipment owned by the Commission. (3) (a) During thc tC.-Tn hereof, the Licensee shall maintain a Liability Insurance Policy in form satisfactory to the Licensor, showing the Licensor a~ 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 same. 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 rendereci by the Licensor. (d) The Licensee shall notify the Licensor of the dates for the renewal of the premium of the policy and to supply proof ti.at the premium of the policy has been paid in order thai the protection provided by the Liability Insurance Policy shall not lapse. 7. The term of this Agreement shall commence at midnight on December 15, 1997 and shall tem~inate at midnight on December 15, 2017, unless the permission hereby granted is earlier revoked by the Town pursuant to section 3, in which case the term hereof shall terminate, except lot section 6, at midnight on the day of effective revocation. 8. T~i~ Agreement and everything herein contained shall extend to, bind and enure to the benefit of the respective panics hereto only and is not assignable in any way. IN WITNESS WHEREOF the Parties hereto have hereunto affixed their respective corporate seals attested by their proper signing officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk PICKERING HYDRO-ELECTRIC COMMISSION L9507