HomeMy WebLinkAboutBy-law 4119/92 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 4119/92
Being a by-law to authorize the execution of a Licence
Agreement for the period August 1, 1992 to July 31, 2017
between Ontario Hydro and The Corporation of the
Town of Pickering respecting Part Lots 21 and 22,
Concession 2, ?ickerlng for park purposes (Beverley
Morgan Community Park).
WHEREAS pursuant to the provisions of sections 191 and 207.57 of the Municipal Act, R.S.O. 1990,
chapter M.45, the Council of the Corporation of the Town of Picketing deems it desirable to enter into a
Licence Agreement, for the period August 1, 1992 to July 31, 2017 with Ontario Hydro respecting the
leasing of a portion of Ontario Hydro corridor lands for park purposes in Part Lots 21 and 22,
Concession 2, Picketing;
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 Agreement, in the form
attached hereto as Schedule A, for the period August 1, 1992 to July 31, 2017, respecting Part
Lot 21 and 22, Concession 2, Picketing between Omario Hydro and The Corporation of the
Town of Picketing for park purposes (Beverley Morgan Community Park).
BY-LAW read a first, second and third time and finally passed this 16th day of November, 1992.
TOWN OF
PICKERING
APPROVED
AS TO FORM
LEGAL DEPT.
ONTARIO HYDRO
LICENCE
Permission is hereby given by Ontario Hydro (herein called the "Licensor") to THE CORPORATION OF
THE TOWN OF PICKERING
· ,edqed .in. yell.ow.
(herein called the "Licensee") to use the lands snowryon [he sKetcn attacneO hereto, (the said lands being
hereinafter referred to as the "land") and being described as:
Part of Lots 21 & 22, Concession 2, in the
Town of Pickering, Regional Municipality of
Durham containing approximately 21.81 acres.
for recreational purposes only, for a term of 25 years commencing on the 1st day
of August 1992 subject to the terms and conditions set out in Schedule A hereto
attached and forming part of this Licence which the Licensee hereby accepts and agrees to perform and abide by.
DATED this 25th day of August 1992
IN WITNESS WHEREOFthepa~iesheretohaveexecutedthisLicence.
THE CORPORATION OF THE TOWN OF
PICKERING
TITLE
TITLE
O~&rioHydro
SECTION READ -
REAL ESTATE MANAGEMENT
CENTRAL REGION
92210 (sheet
new
I~ I1!
The Town of Picketing I Beverley ~organ Com~,unity Park
LEGAL SERVICES DEPARTMENTI - ontario Hydro LIcence Agreement
SCHEDULE"A"
THE TERMS AND CONDITIONS mentioned in the Licence annexed which the Licensee covenants and agrees to
observe and be bound by and to cause adherence to at all times are as follows:
1. For the permission granted hereby the Licensee shall pay to the Licensor the sum of ONE DOLLAR per annum
in advance,
2. This Licence and the permission granted hereby may be revoked and cancelled in whole or in part by the
Licensor if the land is required by the Licensor for its purposes or by Municipal, Provincial or Federal authorities
upon giving to the Licensee one year's notice in writing and in such event, the Licensor shall pay to the Licensee as
full compensation an amount equal to the capital cost of any improvements to the land made by the Licensee
depreciated by the straight line method from the date of installation of each improvement to the end of the term as
kerein set out.
3. 'The Licensee may permit members of the pubtic to use the land for the purposes set out in accordance with
the terms hereof, but the Licensee shall not assign, transfer, sublease, part with possession or dispose of all or any
part of the land or this Licence or any privileges or interests hereby granted to it without the written consent of the
Licensor which may be unreasonably or arbitrarily withheld, failing which the Licensor shall be entitled to
terminate this Licence immediately after the occurrence of such breach.
4. If the Licensee should at any time fail to carry out any of the stipulations in this Licence to the satisfaction of the
Licensor acting reasonably, the Licensor may mail to the Licensee written notice specifying the failure, and if the
failure is not remedied or adequate and sufficient measures are not being taken to satisfactorily remedy the same
within one (1) month of mailing the notice, the Licensor may terminate this Licence immediately upon the
expiration of the one month period aforesaid in whole or in part.
5. All property of the Licensee or members of the public at any time on the land shall be at the sole risk of the
Licensee and the Licensor shall not be liable for any loss or damage thereto however occurring and the Licensee
releases the Licensor 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 the Licensor, its servants or
agents.
6. The Licensee 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 land by the Licensee
or members of the public and the Licensee shall at all times indemnify and save harmless the Licensor from and
against all such loss, damage, or injury and all actions, suits, proceedings, costs, charges, damages, expenses,
claims or demands arising therefrom or connected therewith; provided that the Licensee 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 the Licensor, its servants or agents.
7. The Licensee shall at its own expense, arrange and maintain a liability insurance policy satisfactory to the
Licensor in order to indemnify the Licensor as provided for in paragraphs 5 and 6 of this Licence. A certified copy of
such policy or a satisfactory certificate in lieu thereof shall be given to the Licensor for approval on or before the
Licence commencement date.
8. The construction or siting of all buildings and structures, the installation of equipment and recreational
facilities, and grading and the planting of trees, must all first receive the approval of the Licensor.
9. The Licensee shall comply with the Design Standards of the Transmission and Distribution Projects Division
of the Licensor, Canada Standards Association Standard C-22.3, the 'Safety Rules and Standards Protection Code'
of the Licensor, The Occupational Health and Safety Act, R.S.O. 1980 and any amendments thereto and any
regulations passed thereunder when using heavy equipment during any construction or maintenance.
10. The location and plans of any area or areas for the parking of motor vehicles must have the prior approval of
the Licensor in writing and unless otherwise stipulated herein must not exceed 10% of the licensed area. Except for
the parking of motor vehicles in such designated areas, all motorized vehicles and equipment other than those of
the Licensee used for maintenance purposes shall be prohibited.
11. The Licensee shall not interfere in any way with or cause any change to any works ofthe Licensor now existing
or hereinafter constructed on the land, and without limiting the generality of the foregoing, the Licensee shall
ensure that the height of any vehicle, load or other object, including attachments, or people standing thereon near
the Licensor's conductors will not exceed 4.115 m (13.5') above the existing grade.
12. The Licensee shall prohibit kite flying and model aeroplane flying and any other activities which in the opinion
of the Licensor might interfere with the safe and efficient operation of its works or be offensive, annoying or
dangerous and shall post signs in suitable locations on the land stating that kite flying and model aeroplane flying
and other activities are prohibited.
92210 (sheel
rev. 88-07
13. The Licensor and anyone acting pursuant to its authority may at any time upon twenty-four hours advance
notice to the Licensee or at any time without notice in case of emergency enter on the land and inspect, maintain,
repair, re-arrange, add to, replace, relocate and remove any of its works as defined in the Power Corporation Act,
R,S,O. 1980, Ch. 384 as amended and further may construct, add, inspect, maintain, repair, alter, re-arrange,
relocate and remove such new works or equipment as the Licensor determines necessary or desirable and the
Licensor shall not be.liable for and is hereby released from all damages, losses, injuries, costs, charges, expenses,
suits, proceedings, claims and demands arising in connection with carrying out the work aforesaid, including,
without limitation, all claims for damages, indemnification, reimbursement or compensation by reason of loss,
interruption or suspension of business or interference or inconvenience howsoever caused or physical damage to
the land.
14. The Licence shall be subiect to all leases, licences, or any right of use or occupation existing at the date hereof
and the Licensor may from time to time renew or extend them or make new ones so long as they do not in the
Licensor's opinion interfere unreasonably with the purpose of this Licence.
15. The Licensee shall maintain the land and any of the Licensee's installations thereon in a neat and tidy
condition satisfactory to the Licensor. In the event the Licensor considers it necessary that any part or parts of the
perimeter of the land or any of the Licensee's installations thereon be fenced it shall be done at the expense of the
Licensee.
16, Upon termination of this Licence the Licensor may require the Licensee at its own expense to remove any of
its installations and facilities from the land and restore the land to a condition satisfactory to the Licensor.
92210 ($heel 3)
~ev 88-07