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HomeMy WebLinkAboutBy-law 3224/89 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3224 /89 Being a by-law to authorize the execution of Licence Agreements permitting the occupancy of Part Lot 27, Plan 1051, Pickering (Part 12, Plan 40R-10323) by adjacent owners for residential purposes (Dahl/Lee). WHEREAS, The Corporation of the Town of Picketing is the owner of that part of Lot 27, Plan 1051, Picketing, designated as Part 12, Plan 40R-10323, upon which it intends in the future to construct and maintain a pedestrian walkway hut which, in the meantime, pursuant to section 193 of the Municipal Act, R.S.O. 1980, chapter 302, it intends to license to the adjacent owners for residential purposes; NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute Licence Agree- ments in the forms attached hereto as Schedules A and B to permit the owners of those parts of Lot 27, Plan 1051, Picketing, designated as Parts 7 and 8, Plan 40R-10323, to occupy that part of Lot 27, Plan 1051, Pickering, designated as Part 12, Plan 40R-10323, for residential purposes from June 26, 1989 to June 25, 1999, unless earlier terminated, for the sum of $2.00. BY-LAW read a first, second and third time and finally passed this 26th day of June, 1989. Wayne A~'hurs, 'Mayor Br(Fce Taylg~, Clerk TOWN OF PICKERING APPROVED AS TO FORM LEGAL DERT; THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3224 /89 Being a by-law to authorize the execution of Licence Agreements permitting the occupancy of Part Lot 27, Plan 1051, Pickering (Part 12, Plan 40R-10323) by adjacent owners for residential purposes (Dahl/Lee). WHEREAS, The Corporation of the Town o£ Pickering is the owner of that part of Lot 27, Plan 1051, Pickering, designated as Part 12, Plan 40R-10323, upon which it intends in the future to construct and maintain a pedestrian walkway but which, in the meantime, pursuant to section 193 of the Municipal Act, R.S.O. 1980, chapter 302, it intends to license to the adjacent owners for residential purposes; NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute Licence Agree- ments in the forms attached hereto as Schedules A and B to permit the owners of those parts of Lot 27, Plan 1051, Picketing, designated as Parts 7 and 8, Plan 40R-10323, to occupy that part of Lot 27, Plan 1051, Picketing, designated as Part 12, Plan 40R-10323, for residential purposes from June 26, 1989 to June 25, 1999, unless earlier terminated, for the sum of $2.00. BY-LAW read a first, second and third time and finally passed this 26th day of June, 1989. TOWN OF PICKERING APPROVED AS TO FORM ;LEGAL DEPT. Schedule A THIS AGREEMENT made this 26th day of June, 1989. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING herein called the "Town", Licensor OF THE FIRST PART, and HAROLD LEROY DAHL and GLORIA NANCY DAHL herein collectively called the "Owner", Licensee OF THE SECOND PART. WHEREAS the Town is the owner of that part of Lot 27, Plan 1051, Picketing, des- ignated as Part 12, Plan 40R-10323, upon which it intends in the future to construct and maintain a pedestrian walkway; and WHEREAS the Owner is the owner of that part of Lot 27, Plan 1051, Picketing, des- ignated as Part 7, Plan 40R-10323 adjacent to the Town's lands, and upon which is located a dwelling and related appurtenances; and WHEREAS the Owner wishes to maintain the northerly half of the Town's lands as part of its residential lot and to erect and maintain a residential fence along the centre (from east to west) and the west boundary of the Town's land~; NOW THEREFORE this Agreement witnesseth that, in consideration of the premises and the mutual covenants and conditions herein contained, and of the sum of $2.00 now paid by the Owner to the Town, receipt of which is hereby acknowledged, the Parties hereto agree as follows: 1. The Town hereby grants to the Owner a licence, hereinafter referred to as the ~Licence~ to occupy the 'northerly half of that part of Lot 27, Plan 1051, Picketing, designated as Part 12, Plan 40R-10323, cross-hatched on the sketch attached as Schedule A hereto, hereinafter referred to as "the Lands", for lawful residential purposes and lawful purposes, ancillary or accessory thtreto, including the erection of fences, subject to the terms and conditions of this Agreement. 2. The 4icence hereby granted, (a) shall not transfer any possessor¥ or leasehold interest in the Lands to the Owner; and (b) shall be effective 24 hours per day, every day of every year during the term of the Licence. The Owner shall maintain and use the Lands only for lawful residential purposes and lawful purposes ancillary or accessory thereto, including the erection of fences, and for no other purpose. 4. (1) Following the completion of the construction of any works on the Lands, the Owner shall advise the Town and obtain the approval of the Town's Director of Public Works thereto. (2) The Owner shall comply with any requirement made by the Director in the process of approving the works. (3) The Owner shall be solely responsible for the full cost of the development and maintenance of the Lands and the construction, maintenance and removal of any works thereon or therein. (4) If the Owner fails to complete the construction of any works commenced, or to maintain works to the Town's satisfaction following completion, or to maintain the Lands to the Town's satisfaction, then the Town may, upon seven day's notice to the Owner, enter upon the Lands for the purpose of completion or maintenance, as the case may be, and any costs incurred by the Town by reason of so doing shall be paid to the Town by the Owner within 30 days of receipt by the Owner of the Town's invoice therefor. 5. (1) The Owner shall pay any taxes or other similar charges that may be levied on or after the date hereof against the Lands. (2) The Owner shall, (a) 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 conse- quence of or in connection with or arising from the Owner's development, maintenance or use of the Lands or from any opera- tion connected therewith or in respect of any accident, damage or injury to any person, animal or thing by, from or on account of the same, and (b) secure and maintain during the term hereof occupiers general liability insurance in the amount of at least $1,000,000 insuring the Owner and the Town, as a named insured, from and against occupiers liability respecting the Lands. 6. (1) The term of this Licence shall commence on June 26, 1989 and expiring on June 25, 1999, or on the date that the Owner ceases to be the owner of that part of Lot 27, Plan 1051, Picketing, designated as Part 7, Plan 40R-10323, whichever first occurs, unless the Licence is earlier revoked, terminated or surrendered pursuant to the provisions of subsection (2), below. (2) The Licence hereby granted may, '(a) he revoked .by the Town upon 60 day's written notice to the Owner; (b) be terminated at any time upon the written agreement of the Parties; and (c) be surrendered by the Owner upon 60 day's written notice to the Town, 7. (1) Any notice, document or other communication required or permitted to be given hereunder shall be in writing and shall be sufficiently given if sent by prepaid registered mail or delivered, (a) in the case of the Owner, to 1004 Rambleberry Avenue, Picker- ing, Ontario, L1V 3Y5, and (b) in the case of the Town, to the Town Clerk, at, (i) on or before October 15, 1989, 1710 Kingston Road, Picketing, Ontario, L1V 1C7 or (ii) after October 15, 1989, One The Esplanade, Picketing, Ontario, L1V 6K7. (2) Each Party may redesignate the person or the address, or both, to whom or at which such notice, document or other communication shall be given by giving written notice to the other. (3) Any such notice, document or other communication shall be deemed to have been given on the first business day following the date of mailing or the date of delivery, as the case may be. 9. (1) This Agreement and everything herein contained shall extend to, bind and enure to the benefit of the Parties hereto, but not to their succes- sors and assigns. (2) This Agreement is not assignable, in whole or in part, by either Party. (3) Schedule A hereto forms part of this Agreement. IN WITNESS WHEREOF, the Town has hereunto affixed its corporate seal, duly attested by its proper authorized officers, and the persons comprising the Owner have hereunto set their hands and seals. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Cl~rk In the presence of Harold Leroy Dahl Gloria Nancy Dahl SCHEDULE A I PART 6 PART 795 Schedule B THIS AGREEMENT made this 26th day of June, 1989. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING herein called the "Town", Licensor OF THE FIRST PART, and JAMES EDWARD LEE herein called the "Owner", Licensee OF THE SECOND PART. WHEREAS the Town is the owner of that part of Lot 27, Plan 1051, Picketing, des- ignated as Part 12, Plan 40R-10323, upon which it intends in the future to construct and maintain a pedestrian walkway; and WHEREAS the Owner is the owner of that part of Lot 27, Plan 1051, Picketing, des- ignated as Part 8. Plan 40R-10323 adjacent to the Town's lands, and upon which is located a dwelling and related appurtenances; and WHEREAS the Owner wishes to maintain the southerly half of the Town's lands as part of its residential lot and to erect and maintain a residential fence along the centre (from east to west) and the west boundary of the Town's lands; NOW THEREFORE this Agreement witnesseth that, in consideration of the premises and the mutual covenants and conditions herein contained, and of the sum of $2.00 now paid by the Owner to the Town, receipt of which is hereby acknowledged, the Parties hereto agree as follows: 1. The Town hereby grants to the Owner a licence, hereinafter referred to as the "Licence" to occupy the southerly half of that part of Lot 27, Plan 1051, Picketing, designated as Part 12, Plan 40R-10323, cross-hatched on the sketch attached as Schedule A hereto, hereinafter referred to as "the Lands", for lawful residential purposes and lawful purposes, ancillary or accessory thereto, including the erection of fences, subject to the terms and conditions of this Agreement. 2. The Llcence hereby [~ranted, (a) shall not transfer any possessory or leasehold interest in the Lands to the Owner; and (b) shall be effective 24 hours per day, every day of every year during the term of the Licence. 3. The Owner shall maintain and use the Lands only for lawful residential purposes and lawful purposes ancillary or accessory thereto, including the erection of fences, and for no other purpose. 4. (1) Following the completion of the construction of any works on the Lands, the Owner shall advise the Town and obtain the approval of the Town's Director of Public Works thereto. (2) The Owner shall comply with any requirement made by the Director in the process of approving the works. (3) The Owner shall be solely responsible for the full cost of the development and maintenance of the Lands and the construction, maintenance and removal of any works thereon or therein. (4) If the Owner fails to complete the construction of any works commenced, or to maintain works to the Town's satisfaction following completion, or to maintain the Lands to the Town's satisfaction, then the Town may, upon seven day's notice to the Owner, enter upon the Lands for the purpose of completion or maintenance, as the case may be, and any costs incurred by the Town by reason of so doing shall be paid to the Town by the Owner within 30 days of receipt by the Owner of the Town's invoice therefor. 5. (1) The Owner shall pay any taxes or other similar charges that may be levied on or after the date hereof against the Lands. (2) The Owner shall, (a) 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 conse- quence of or in connection with or arising from the Owner's development, maintenance or use of the Lands or from any opera- tion connected therewith or in respect of any accident, damage or injury to any person, animal or thing by, from or on account of the same, and (b) secure and maintain during the term hereof occupiers general liability insurance in the amount of at least $1,000,000 insuring the Owner and the Town, as a named insured, from and against occupiers liability respecting the Lands. 6. (1) The term of this Licence shall commence on June 26, 1989 and expiring on June 25, 1999, or on the date that the Owner ceases to be the owner of that part of Lot 27, Plan 1051, Picketing, designated as Part 8, Plan 40R-10323, whichever first occurs, unless the Licence is earlier revoked, terminated or surrendered pursuant to the provisions of subsection (2), below. (2) The Licence hereby granted may, (a) be revoked.by the Town upon 60 day's written notice to the Owner; (b) be terminated at any time upon the written agreement of the Parties; and (c) be surrendered by the Owner upon 60 day's written notice to the Town. 7. (1) Any notice, document or other communication required or permitted to be given hereunder shall be in writing and shall be sufficiently given if sent by prepaid registered mail or delivered, (a) in the case of the Owner, to 1002 Rambleberry Avenue, Picker- lng. Ontario. L1V 3Y5, and (b) in the case of the Town, to the Town Clerk, at, (i) on or before October 15, 1989, 1710 Kingston Road, Picketing, Ontario, L1V 1C7 or (ii) after October 15, 1989, One The Esplanade, Picketing, Ontario, L1V 6K7. (2) Each Party may redesignate the person or the address, or both, to whom or at which such notice, document or other communication shall be given by giving written notice to the other. (3) Any such notice, document or other communication shall be deemed to have been given on the first business day following the date of mailing or the date of delivery, as the case may be. (1) This Agreement and everything herein contained shall extend to, bind and enure to the benefit of the Parties hereto, but not to their succes- sors and assigns, (2) This Agreement is not assignable, in whole or in part, by either Party, (3) Schedule A hereto forms part of this Agreement, IN WITNESS WHEREOF, the Town has hereunto affixed its corporate seal, duly attested by its proper authorized officers, and the Owner has hereunto set his hand and seal. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthhr~, Mayor Bruce Taylor, Clerk In the presence of James Edward 'Lee Gloria Nancy Dahl SCHEDULE A HI~I,IWAY · L[GAL Licence Agreement