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HomeMy WebLinkAboutBy-law 4773/96 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 4773/96 Being a by-law to authorize the execution of a Licence/Encroachment Agreement between Robert Davis and Betty Davis and DonaM Frank Given and Sheena Lockhart Given respecting the use, occupancy and maintenance of Block 50, Plan 40M-1627, Pickering. WHEREAS, The Corporation of the Town of Picketing is the owner of Block 50, Plan 40M-1627, Picketing, which Block was acquired by the Town for future access to Grafton Court and lands adjacent to Plan 40M- 1627, Pickering; AND WHEREAS, the Town has no immediate plans for the use of the said lands and consequently wishes to license the lands to the adjacent owners in accordance with a Licence/Encroachment Agreement; AND WHEREAS, pursuant to section 191 of the MunicipalAct, R.S.O. 1990, Chap. M.45, council may pass by-laws for providing for the use by the public of lands of which it is the owner; 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 Licence/Encroachment Agreement, in the form attached hereto as Schedule A, between the Town and Robert Davis and Betty Davis and Donald Frank Given and Sheena Lockhart Given respecting the use, occupancy and maintenance of Block 50, Plan 40M-1627, Pickering. BY-LAW read a first, second and third time and finally passed this 6th day of May, 1996. Wayne Arlhurs~ay~ Bruce Taylor, Clerk TOWN OF PICKE[?I f'lG LEG&L O-i.", Schedule A THIS ENCROACHMENT/LICENCE AGREEMENT made this 6th day of May, 1996, pursuant to the provisions of section 191 of the MunicipalAct, R.S.O. 1990, chapter M.45, BETWEEN: ROBERT DAVIS and herein collectively called "Davis" OF THE FIRST PART, - and - DONALD FRANK GIVEN and SHEENA LOCKHART GIVEN herein collectively called "Given" OF THE SECOND PART, - and - THE CORPORATION OF THE TOWN OF PICKERING herein called the "Town" OF THE THIRD PART. WHEREAS the Town is the owner in fee simple of Block 50, Plan 40M-1627, Picketing, which Block separates Lots 40 and 41, Plan 40M-1627, Picketing, and which Block is not, at this time, required by the Town; and WHEREAS Davis is the owner in fee simple of Lot 41, Plan 40M-1627, Picketing, and Given is the owner in fee simple of Lot 40, Plan 40M-1627, Picketing, and each of Davis and Given wish to encroach upon Block 50, Plan 40M-1627, Pickering for the purposes of, (a) temporarily utilizing it for residential purposes in conjunction with their respective Lots; and (b) erecting a fence along the Block, all until such time as the Town requires that such encroachment ceases; and WHEREAS, pursuant to section 191 of the Municipal Act, R.O.S. 1990, chapter M.45, the Council of the Town may dispose of interests in land owned by it while that land is not required by the Town; NOW THEREFORE THIS AGREEMENT WITNESSETH that, in consideration of the sum of $2.00 now paid by each of Davis and Given to the Town, receipt of which is hereby acknowledged by the Town, the Parties hereto agree as follows: 1. (1) The Town hereby grants a Licence to Davis to occupy the southern half of Block 50, Plan 40M- 1627, Picketing, for the purpose of temporarily utilizing it for residential purposes in conjunction with Lot 41, Plan 40M-1627, Picketing. (2) The Town hereby grants a Licence to Given to occupy the northern half of Block 50, Plan 40M- 1627, Picketing, for the purpose of temporarily utilizing it for residential purposes in conjunction with Lot 40, Plan 40M-1627, Picketing. (3) In this Agreement, the term "Lands" means all of Block 50, Plan 40M-1627, Picketing, unless the term is used in connection with a reference to either Davis or Given, in which case the term means that part of Block 50 over which Davis or Given, as the case may be, has been granted a licence under subsection (1) or (2), above. (4) Davis hereby consents to the registration of this Agreement on the title to Lot 41, Plan 40M-1627, Pickering. (5) Given hereby consents to the registration of this Agreement on the title to Lot 40, Plan 40M-1627, Picketing. 2. (1) The Licences granted hereby, (a) shall not transfer any possessory or leasehold interest in the Lands to either Davis or Given; (b) shall be effective twenty-four hours per day, every day of every year during the term of the Licences; and (c) shall not preclude or prevent the Town or any public utility authority from using the Lands for utility purposes. (2) For the purposes of subsection (1)(c), Davis and Given shall ensure that continuous access is available on, along, under and across the Lands at all times. 3. (1) Prior to the commencement of any works to be performed on the Lands, Davis or Given shall advise the Town and obtain the written approval of the Town's Director of Public Works thereto. (2) Davis and Given shall comply with any requirement made by the Director as a condition of any approval granted under subsection (1). (3) Davis and Given shall be solely responsible for the full cost of the installation, replacement, repair, maintenance, reconstruction and removal of any fence, earthworks or landscaping on, in, under, or through the Lands, and for the restoration of the Lands to their condition as of the date of this Agreement upon the expiry or earlier revocation, termination or surrender of the Licences granted hereby. (4) If either Davis or Given fails to install, replace, repair, maintain, reconstruct or remove any fence, earthworks or landscaping on, in, under, or through the Lands or to restore of the Lands to their proper condition to the Director's satisfaction, then the Town may enter the Lands for such purpose and any costs incurred by the Town by reason of so doing shall be the joint and several responsibility of Davis and Given, and shall be paid to the Town within thirty days of delivery by the Town of its invoice therefor. 4. (1) Davis and Given shall pay any taxes or other similar charges that may be levied against the Lands during the term of the Licences granted hereby. (2) Davis and Given shall jointly and severally indemnify and save harmless the Town of and from all manner of claims, damages, losses, costs or charges whatsoever occasioned 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, (a) either or both of their use, occupation, maintenance or non-maintenance of the Lands, or any operation connected therewith; (b) any breach of this Agreement by either or both; or (c) in respect of any accident, damage or injury, including death, to any person, animal or thing by, from or on account of the same. (3) Before this Agreement will be executed by the Town, each of Davis and Given shall file with the Town a Certificate of Insurance verifying that each has a Liability Insurance Policy in effect, setting out the essential terms and conditions of the policy, and naming the Town as additional named insured, all of which shall be subject to the approval of the Town Solicitor. 2 (4) Each policy shall comply with the following provisions: (a) the minimum limit per occurrence shall be $1,000,000 all inclusive for property damage and personal liability; and (b) it may not be cancelled unless prior notice by registered letter has been given to the Town by the insurer thirty days in advance of the expiry date. (5) If coverage afforded by either policy is subject to a deductible amount, Davis or Given, as the case may be, shall file with the Town, when filing the Certificate of Insurance, a letter authorizing the Town to appoint an independent adjuster and to investigate claims less than the deductible amount and authorizing the Town to pay such claims deemed valid by the adjuster and agreeing to be responsible for all adjustment service costs and for the reimbursement of the Town for any claim paid within the deductible amount. (6) Compliance with this section shall not relieve either Davis or Given from liability for claims not covered by the policy or which exceed its limits, if any, for which either or both Davis and Given may be held responsible. 5. (1) The term of the Licences granted hereby shall commence on May 6, 1996 and shall expire, (a) when Davis ceases to be the owner of Lot 41, Plan 40M-1627, Pickering; or (b) when Given ceases to be the owner of Lot 40, Plan 40M- 1627, Pickering; or (c) at midnight on September 30, 2005. whichever occurs first, unless the Licences are earlier revoked, terminated or surrendered under the provisions of subsection (2). (2) The Licence hereby granted may be, (a) unilaterally and arbitrarily revoked by the Town upon 60 days written notice to Davis and Given; (b) terminated at any time upon the written agreement of the Parties; or (c) surrendered by either licensee upon 60 days written notice to the Tow and to the other licensee. (3) Under no circumstances shall one Licence granted hereby be permitted to continue in the absence of the other Licence granted hereby. (4) Despite subsections (1) and (2), the Town may temporarily suspend the Licences granted hereby, upon two days written notice to Davis and Given, or upon no notice in an emergency, in the event that the Town or a public utility authority wishes to install, inspect, repair or maintain a service on, in, over, across or under the Lands. (5) In the event that the Licences granted hereby are suspended under subsection (4), the operation of all terms and conditions of this Agreement, except sections 4, 6 and 7, shall also be suspended for the same period. 6. (1) Any notice required to be given hereunder may be given by delivery or registered mail, (a) in the case of the Davis, to 983 Grafton Court Pickering, Ontario L1X 2P2 3 (b) in the case of Given, to 982 Grafton Court Picketing, Ontario L1X 2P2 and (c) in the case of the Town, to The Town Clerk The Corporation of the Town of Picketing Picketing Civic Complex One The Esplanade Picketing, Ontario L1V 6K7 (2) Each Party may redesignate the address to which such notice may be given by giving written notice to the others. (3) Any notice given in accordance with this section shall be deemed to have been given on the second day following the day of&livery or the day of mailing, as the case may be. 7. (1) This Agreement and everything contained herein shall extend to, bind and enure to the benefit of the parties hereto, their heirs, executors, and administrators. (2) This Agreement is not assignable by any party to any person under any circumstances. IN WITNESS WHEREOF the persons comprising Davis and Given have hereunto affixed their hands and seals and the Town has hereunto affixed its corporate seal attested by the hands of its proper authorized officers. SIGNED, SEALED & DELIVERED In the presence of (Seal) Robert Davis (Seal) Betty Davis (Seal) Donald Given (Seal) Sheena Lockhart Given THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk 4