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HomeMy WebLinkAboutBy-law 1708/83THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1708/83 Being a by-law to authorize the execution of an Agreement among The Metropolitan Toronto and Region Conservation Authority, the Corporation of the Town of Pickering and Ontario Hydro respecting Part Lots 20, 21 and 22, Range 3, B.F.C. and Part Lot 2, Plan XM-1, Pickering (Ontario Hydro Park) WHEREAS, pursuant to the provisions of section 208.51 of the Municipal Act, R.S.O. 1980, chapter 302, the council of any municipality may pass a by-law for acquiring land for and establishing public parks in the municipality; and WHEREAS, Ontario Hydro owns certain lands in the Town presently leased to the Metropolitan Toronto and Region Conservation Authority; and WHEREAS, Ontario Hydro and the Metropolitan Toronto and Region Authority are prepared to consent to an assignment of the Metropolitan Region Conservation Authority's lease to Picketing for park purposes; Conservation Toronto and NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute an Agreement, in the form attached hereto as Schedule "A", among The Metropolitan Toronto and Region Conservation Authority, the Corporation of the Town of Pickering and Ontario Hydro respecting Part Lots 20, 21 and 22, Range 3, Broken Front Concession and Part Lot 2, Plan XM-1, Picketing (Ontario Hydro Park). BY-LAW read a first, second and third time and finally passed this July , 1983. 4th day of TOWN OF' PICKERING APPROVED /C16rk C0295.2 Schedule "A" to By-law 1708/83 THIS AGREEMENT made in quadruplicate this day of , 198 . BETWEEN: THE METROPOLITAN TORONTO AND REGION CONSERVATION AUTHORITY hereinafter called the "Authority" OF THE FIRST PART, - and- THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART, - and - ONTARIO HYDRO hereinafter called "Hydro" OF THE THIRD PART. WHEREAS by an Agreement (hereinafter called the "Agreement") dated July 4th, 1973, and attached hereto as Schedule "A", Hydro, formerly The Hydro-Electric Power Commission of Ontario, granted, conveyed and transferred to the Authority, subject to all of the terms and conditions contained in the Agreement, the right to use and occupy those parts of Lots 20, 21 and 22, Range 3, Broken Front Concession and part of Lot 2, Plan XM-1, in the Town of Pickering, in the Regional Municipality of Durham, n~re particularly described in Schedules "B" and "C" attached hereto (here- inafter called "the premises") for park purposes only; and WHEREAS the Authority has agreed to assign to the Town the right to use and occupy the premises on the terms and conditions hereinafter contained; and WHEREAS Hydro consents to such assignment; and WHEREAS the name of The Hydro-Electric Power Commission of Ontario has been changed to "Ontario Hydro" by virtue of The Power Commission Amendment Act, 1973, pro- claimed in force March 4th, 1974; NOW THEREFORE, THIS AGREEMENT WITNESSETH that in consideration of the terms and conditions herein contained, the Authority grants, conveys, transfers and assigns to the Town subject to all the terms and conditions herein contained, the right to use and occupy those parts of Lots 20, 21 and 22, Range 3, Broken Front Concession and part of Lot 2, Plan XM-1, in the Town of Pickering, in the Regional Municipality of Durham, more particularly described in Schedules "B" and "C" attached hereto, for park purposes only. This Agreement and the rights granted hereby shall remain in force until June 29th, 1998, subject to termination on six month's notice in the event Hydro is requested so to do by the Government of Canada or Ontario or The Atomic Energy Control Board. The Town shall have the right to renew the Agreement at its expiration for further consecutive periods of ten years each on th~ same terms and conditions as herein contained. The Town shall pay all taxes, rates or grants in lieu thereof assessed or levied against the premises in each year during the period this Agreement remains in force or pay to Hydro an amount equal to the amount of the annual taxes, rates or grants in lieu of taxes paid by Hydro in each year for the said premises. The Town shall have the right to appeal any assessments upon which the aforesaid taxes or grants are based in the name of Hydro subject to the Town indemnifying Hydro for any costs and expense incurred thereby. The Town shall not use or permit the use of the premises herein for any use other than park purposes, such as picnics, family recreation, educational activities and winter sports of skiing, toboganning, snow shoeing and sleigh riding, unless specific approval of Hydro and the Authority has been obtained. The Town shall assume all liability and obligation for any and all loss, dam- age or injury, including death, to persons or property that happens as a result of or arises out of the use and occupation of the said premises by the Town or members of the public and the Town shall at all times indemnify and save harmless Hydro and the Authority 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 Town 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 Hydro, the Authority, their respective servants or agents or any of them, or by radioactivity incidents. All property of the Town or members of the public at any time on the premises or Hydro's adjacent lands shall be at the sole risk of the Town and neither Hydro nor the Authority shall be liable for any loss or damage thereto however occurring and the Town releases Hydro and the Authority 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 Hydro, the Authority, their respective servants or agents, or any of them, or by radioactivity incidents. The Town may permit members of the public to use the premises for the purposes set out and in accordance with the terms hereof, but this Agreement and all rights granted hereby shall not be assigned by the Town without the consent of Hydro and the Authority and it shall be and remain the responsibility and obligation of the Town to enforce adherence to the terms and conditions herein contained by any such persons. If, in the opinion of Hydro, the Town does anything or permits anything to be done on the premises which may be a nuisance or cause damage, Hydro shall notify the Town of such activity and the Town shall have thirty days in which to remedy such nuisance. 8. The location and plans of any area or areas for the parking of motor vehicles must have the prior approval of Hydro and the Authority. Except for the parking of motor vehicles in such designated areas, all motorized vehicles and equipment other than those of the Town used for maintenance purposes shall be prohibited. 9. The Town shall endeavour to prevent motor boats from using the area east of the Liverpool Road bridge. 10. Any signs to be erected by the Town must have the prior approval of Hydro. 11. No permanent habitation shall be allowed on the premises. 12. Buildings may be constructed for washroom facilities subject to both Hydro and the Authority approving of their design and location; the construction of any other buildings must receive the prior written approval of both Hydro and the Authority. Any approval required to be obtained by the Town pursuant to this section may be arbitrarily withheld by either Hydro or the Authority, or both of them, and no proposals or construction shall be approved unless both Hydro and the Authority have issued their respective approval. 13. The limits of the premises shall be posted by Hydro to inform members of the public that the premises are part of the Pickering Generating Station complex and as such subject to rules and orders of Station personnel. 14. Since Hydro is responsible for maintaining radiation safety based on the mon- itoring methods and measurements as prescribed by The Atomic Energy Control Board from time to time, it reserves the right to enter on the premises at all times to install, operate and maintain such monitoring equipment and any warning system connected therewith, and to enter the premises, control entry, require vacation of the premises and temporarily or permanently close the premises to public use in case of emergency, or for practice purposes. 15. The Town shall be responsible for all grass maintenance, including cutting, watering, weeding, re-sodding or re-seeding and erosion repair, and for plant maintenance including pruning, watering, cultivating, weeding, mulching, main- tenance of guys, spraying and fertilizing. 16. The Authority may, from time to time, to carry out its Master Plan for the area in which the premises are located, require the Town to relinquish and surrender all or any of its rights and privileges as herein contained and granted to it on reasonable notice, and, upon such surrender, the obligations of the Town with regards to such portion of the premises as are surrendered shall cease and be at an end until the rights and privileges are again granted to the Town. 17. Hydro consents to the assignment of the Agreement and the rights granted thereby provided that neither this consent nor anything contained herein shall release or relieve the Authority from any of its obligations or liabilities to Hydro contained in the Agreement. 18. It is understood and agreed that this Agreement or notice thereof may be registered in the appropriate Land Registry Office and the Parties hereto hereby agree to execute such further assurances as may be necessary to effect such registration. 19. This Agreement shall be binding upon and enure to the benefit of the Parties hereto, their respective successors and assigns. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by affixing their respective corporate seals attested by the signatures of their proper officers duly authorized in that behalf. SIGNED, SEALED & DELIVERED METROPOLITAN TORONTO AND REGION CONSERVATION AUTHORITY Chairman Secretary-Treasurer THE CORPORATION OF THE'TOWN OF PICKERING Mayor C1 er k ONTARIO HYDRO The attached Agreement dated July 4th, 1973, is Schedule "A" to an Agreement dated · 1982, made between The Metropolitan Toronto and Region Conser- vation Authority, The Corporation of the Town of Pickering, and Ontario Hydro. BE]h.-£iZN: 71lg IIYDRO-i£i. LC'fRIC FOUER COi~IlSS1OI.I OF Oi~TAP. IO herein called the Co~nission OF Tile FIRST PART and i.JJE. TIlOPOLIT/d~ TOROi~TO AND REGION COI'!SER\;ATIOI~ AUTHORITY herein called the Authority OF THE SECOND PART ¥?ITNESSETII that in conditions herein contained, transfers to the Authority, conditions herein contained, parts of Lots 20, 21 and 22 and Part of Lot 2 County of Ontario for park purposes consideration of the texas and the Co~rmission grants, conveys, and but subject to all the tez~s and the ri&bt to use and occupy those , J{ange 7]~ree, Broken Front Concession , Plan ~di-1 in the To~,~nship of Pickering, in the as described in Schedules A and B attached hereto only. Tl~e ter~ns and conditions which the Authority covenants and agrees to observe and be bound by are as follox.~s: 1. 7]~is Agreement and the rights granted lnereby shall remain in force for a period of tx,,enty-five ),ears effective from July 1, 1973, subject to teznnination on six months' notice in the event the Cow, his- sion is requested so to do by the Goverr~ment of Canada or O~tario or n_]~e Atomic Lnergy Control Board. The Authority sl:all have the right to renew this Agreement at its expiration for further consecutive periods of ten years each on the st_me tez-ms and conditions as herein contained. 2. The Authority shall pay all taxes, rates or grnnts in lieu thereof assessed or levied against the said lands in c~ch year during the period this Agreement remains in force or pa), to the Con~ission an ~nount equal to the amount of the annual taxes, rates or grants in lieu of taxes paid by the Con~nission in each year for the lands herein. The Authority shall have the right to appeal any assessments upon ~,hich the aforesaid taxes or &rants are based in the n~me of the Co.-am_ ission subject to the Authority indemnifying the Ce::.-rn. ission for any costs and e:,~?~nse incurred thereby. 3. 77~e Authority shall not use or pe~nnit to be used the lands herein for any use other than p~rk purposes, such as picnics, f~ily recrea- tion, educational ,nctivities, and uinter sports of sl:iing, toboganning, snow shoeing and sleigh riding, unless specific approval of the Co~nission has been obtained. 4. 7]~e Authority shall assume all !iability and obligation for any and all loss, d~age, or injury, including death, to persons or property that happens as a result of or arises out of tl~e use and occupation of the said lands by the Authority or members of tl~e public and thc Authority shall at all times indemnify and save l~annless the Ce;::n]ssion from hud agninst n]l s.uch loss, dnmnge, or injur), and all claims or dc~.a~ds ai-isgng thci'efro,~ or co~r, ccted thercl..'ith; in'o- vided t]~at the Aut]~or~ty shall not be liable under this paragraph to the extent to 1..q~ich such loss, d~,nage, or injury is caused or contributed to by the neglect or c]efault of the Conlnission, its servants or agents, or by radioactivity incidents. 5. All property of the Authority or meinbers of the public at any time on the lands herein or the Cormnission's adjacent lands shall be at the sole risk of the Authority and the Com,~ission shall not be l]able for any loss or damage thereto ho~-~ever occurring and the Authority releases the Con~nission fro~?, all clai~ns and demands in respect of any such loss or d~,~nage, e~<cept and to the extent to which such loss or damage is caused or contributed to by the neglect or default of the Co~aission, its servants or agents, or by radioactivity incidents. 6. 'The Authority may permit members of the public to use the lands herein for the purposes set out and in accordance ~.~ith the te~nns boreal, but this Agreement and all rights granted'hereby shall not be assigned by the Authority and it shall be and remain the responsi- bility and obligation of the Authority to enforce adherence to the te~vns and conditions ].~erein contained by any such persons. 7. If in the opinion of the Cor~nission the Authority does ~nything or permits anything to be done on the lands ~..~hich may be a nuisance or cause d~,~age, the Co~nission shall notify the Authority of such activity and the Authority skall have thirty days in which to remedy such nuisance. 8. The location and plans of any area er areas for the parking of motor vehicles must have the prior approval of the Con~nission. E×cept for the parking of motor vehicles in such designated areas, all motorized vehicles and equipment other than those of the Authority used for maintenance purposes shall be prohibited. 9. The Authority shall endeavour to prevent motor boats from using the area East of the Liverpool Eoad Dridge. 10. Any signs to be erected by the Authority must have' the prior approval of the Commission. 11. No pe_~Tnnnent habitation shall be allo~,~ed on the lands. 12. Buildings may be constructed for ~..~ashroom facilities subject to the Co~r~.~ission approving of their design and location; the const~c- tiaa of an), other buildings must receive the prior ~;ritten approval of the Co.~nission end such approval may be granted by the Cam.mission %~ithin its discretion. 13. The limits of the land shall be posted by the ~o,~nission to inform members of the public that the la~d is part of the Picketing Generating Station comple× and as such subject to ~n]les and orders of Station personnel. 14. Since the Co~,~nissidn is responsible for m~intaining radiation safety based on th~ ~nonitoring method~ and m~a~.urements as prescribed by 'I]~e Atomic Energy Control Board from ti~,~e to time it reserves the right to enter on the lands at all time~ to install, operate and maintain such monitoring equip~nent and any ~.'azn~i~g system connected Li,.~)~.,ilh, ;:Y,,; I- :.:~ ,,] rl~L1y, ~c~n)~e vF~c..nL ~ r..£ the ]~. Notwithstanding the (late of c, .~e~cc. ment of this /.grec~nent it is understood there is a ~aintcnonce contract in force, previously entered into betweeu the Co):~nissiou and a ]a~dsca))ing contractor to the effect that the contractor is responsible until Decc~,ber 1973 a) for the maiutenancc of gr.t. sn ].~c]udiu~ cutting, ~.~atering, v~eediug, reso(lding or reseeding and erosion repair, and for pl~t n~intcnance including p~ning, waterillg~ cultivat]ng~ weeding, mulching, maintenance of guys, spraying and fertili- zing, and c) respJnsible until December ]., 1~74 for replacement of trees or pl~ts which ]]ave not grox~ properly; an~ .accordingly the Authority ~.~]_~1 l)e responsible only from December 1973 onw.nrds for all maintenance save for the replacement ~arantee above referred to, and except for any 8~age to trees and shahs caused by the public. 16. In the event it is deemed necessary to obtain co~sent to this Agreement pursuaut to the provisions of The i']auuing Act any applica- tion to the Co~n].ttee of Adjustment or other body shall be made by the Authority and at its o~.m expense. 17. It is understood and agreed that this Agreement or notice thereof may be registered in the appropriate Land Registry Office and the parties hereto hereby agree to execute such further assurances as may be necessaz~ to effect such registration. IN i.)ITNESS I~HL}:EOF the parties hereto I~_ave caused this Agreement to be executed by affi,-:ing their res~ective corporate seals attested by the signatures of their proper officers duly authorized in that behalf. SIGNED, in SEALED ld{D DELIVEI:ED the Presence of /,% TI!Ii !~'DRO- ' '- ' ' EL~,C f],IC POI.iER COilllS$IO;,l OF O]ll'/d/IO Secretary 1 U.CfY, OI'OL I TAI'I TOM.,,, 1 ( RLGIO?I COI~Si_]',VATI©h~ AUfl;OR1TY C ItAI..,../.,, I ~ TH~ To~ship in the Province of Ontario, more or less, and being: FIRSTLY: Those portions of Lot 22, having an area of 32.126 of Picketing, in the County of Ontario, having a total area of 60.68y acres, R~nge 3 Broken Pront Concession acres, more or less, and designated as Parts 1 and 2 on a reference plan deposited in the for the Registry Dlvi~ion of Ontario County !~ I RDLY: designated as Par{ 5 L~nd Registry Office as Plan 40R 10193 SECOI'~DLY: These portions of Lot 21 R~nge 3 Broken Frcnt Concession having a total area of 20.920 acres, more or less, ~nd designated as Parts 3 and 4 on the said deposited plan 40R 1019; That portion of Lot 20 Range 3 BrokEn Front Concession baying an area of 7.641 acres, more or less, and on the said deposited plan 40R 1019. Certified Correct June 6, 1973 0 LS FOR CHIEF S~0RVEYOR This ~s Schedule A to an Agreement dated July 4, 1973, ~nde b=~.=en ~]e ]:ydro-[~llectric Po~..~er Coi~mission of O~]tario aud ~et~'opo!itan Toronto and ]~cgion Conservation AOthority. /--% having & as 'Parts Office at k:hltby as THOSE FORTIONS of Lot 2 Plan k~-l, in the Tm..~shlp of Pickerlrlg, in the County of Ontario, in the Province of Ontario total area o£ 39.553 acres, more or lest, &nd designated 1 end ~ on a plan of survey of record in the Land Eegistry Plan 40R -,-/66. Certified Correct June 5, 1973 .................... O.L.S. ?~DR CHI~ SURVIrYOR 7q~is is Schedule B to an Agreement dated July 4, 1973, made bet~.:een The llydro-Electric Fov~er Con~nission of Ch]tario and "'l~et,~opolltan' - ']oronto and Region Conservation Authority. This is Schedule "B" to an :merit dated Metropolitan Toronto and Regio~ Conser'.'ation of Pickering and Ontario Hydro. 1982, made between The Corporation of the Town In the Town of Pickering, in the Regional Municipality of Durham and Province of Ontario, having a total area of 60.687 acres, more or less, and being: FIRSTLY, those portions of Lot 22, Range 3, Broken Front Concession having an area of 32.126 acres, more or less, and designated as Parts 1 and 2 on a reference plan deposited in the Land Registry Office for the Registry Divisio~ of Durham as Plan 40R-lO19; SECONDLY, those portions of Lot 21, Range 3, Broken Front Concession, have.., a total area of 20.920 acres, more or less, and designated as Parts 3 and m the said deposited Plan 40R-lOlg; THIRDLY, that portion of Lot 20, Range 3, Broken Front Concession having an area of ?.64! acres, more or less, and designated as Part 5 on the said deposi- ted Pl~h ~i!)R-lqlg. This is Schedule "C" to an Agreement dated , 1982, made between The Metropolitan Toronto and Region Conservation Authority, The Corporation of the Town of Pickering and Ontario Hydro. Those portions of Lot 2, Plan XM-1, in the Town of Pickering, in the Regional Municipality of Durham, in the Province of Ontario having a total area of 39.553 acres, more or less, and designated as Parts 1 and 2 on a plan of survey of record deposited in the Land Registry Office for the Registry Division of Durham as Plan 40R-1466.