HomeMy WebLinkAboutBy-law 3772/91THE CORPORATION OF THE TOWN OF PICKERiNG
BY-LAW NQ. 3772/91 _
Being a by-law to authorize the execution of a Licence
Agreement between Ontario Hydro and The Corporation
of the Town of Pickering respecting the use by the Town
of part of the Ontario Hydro Corridor in the Brock
Industrial Community (Kinsmen Park, Second Extension
- Softball).
WHEREAS, pursuant to the provisions of the Municipal Act, R.S.O. 1980, chapter 302, section 208.57,
the council of a municipality may pass a by-law for acquiring, inter alia, parks, recreational areas,
playgrounds and athletic fields;
NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS
FOLLOWS:
The Mayor and Clerk are hereby authorized to execute a Licence Agreement, in the form
attached hereto as Schedule A, between Ontario Hydro and The Corporation of the Town of
Picketing, respecting the use by the Town of part of the Ontario Hydro Corridor in the Brock
Industrial Community for softball facility purposes from May 15, 1991 to May 15, 1993
(Kinsmen Park, Second Extension).
BY-LAW read a first, second and third time and finally passed this 7Xl~ day of August, 1991.
Wayn~ A~hur~, Mayor
TOWN CF
PlCKERING
APPROVED
LEGAL DEPT.
ONTARIO HYDRO
LICENCE
Permission is hereby given by Ontario Hydro (herein called the "Licensor") to
THE CORPORATION OF THE TOWN OF PICKERING
(herein called the "Licensee") to use the lands shown on the sketch attached hereto, (the said lands being
hereinafter referred to as the "land") and being described as:
Part of Lot 20, Range 3, B.F.C.,
in the Town of Picketing, in the
Regional Municipality of Durham.
Shown edged in red on the attached sketch.
for recreational purposes only, for a term of 2 years years commencing on the 15th day
of May 19 91 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 day of 19
IN WITNESS WHEREOF the parties hereto have executed this Licence.
THE CORPORATION OF THE TOWN OF PICKERING
Ontario Hydro
92210 (sheet 1)
new 85,04
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
herein set out.
3. The Licensee may permit members of the public 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. Ifthe Licensee should at any time fail to carry out any ofthe 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 la nd 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.
11. The Licensee shall not interfere in any way with or cause any change to any works of the 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 (sheet
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 subject 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 Lmensor ................................... , ,--. _ 2~rt-~
17. Since the Commission 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 control entry, require vacation of the land, and temporarily or permanently close
the land to public use in case of emergency.
18. The limits of the land shall be posted by the Commission to inform permittees of
Picketing that the land is part of the Picketing Generating Station complex and as such
subject to rules and orders of Station personnel.
19. Any signs to be erected by the Town of Picketing must have the prior approval
of Ontario Hydro.
20. It is further agreed by both parties that Ontario Hydro's Pickering Association of
Recreation Clubs shall be entitled to submit a schedule for its use of the baseball
facilities for the year 1990. The schedule shall be in the hands of the Parks and
Recreation Department for the Town of Pickering no later than November 30, 1991 and 1992.
It is also agreed that Ontario Hydro shall make the baseball facilities available no
later than 6:35 p.m. each evening unless previously mentioned in the submitted schedule.
22. Parking for the baseball facilities must consist of the existing lot used for
Kinsmen Park. No parking will be permitted on the lands known as Ontario Hydro's
Eastern Nuclear Training Centre.
92210 (sheet 3)
rev. 88-07
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