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HomeMy WebLinkAboutBy-law 1501/82THE CORPOP~TION OF THE TOWN OF PICKERING BY-LAW NO. 1501/82 Being a By-Law to authorize the execution of a Licence Agreement between the Corporation of the Town of Pickering and Pickering Hydro-Electric Commission respecting the occupation by the Commission of Part Block 2, Plan 40M-1231 and part of the road allow- ance between Lots 20 and 21, Concession 1 (Parts 1-11, Plan 40R-6884 - Valley Farm Road Hydro-Electric Substation) WHEREAS the Corporation of the Town of Pickering is the owner, in fee simple, of certain lands and premises comprising part of Block 2, Plan 40M-1231 and part of the road allowance between Lots 20 and 21, Conces- sion 1, designated as Parts 1-11, Plan 40R-6884; and WHEREAS Pickering Hydro-Electric Commission has requested that it be allowed to make use of those lands for the purpose of the construction and operation of the Valley Farm Road Hydro-Electric Substation; NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLL~S: The Mayor and Clerk are hereby authorized to execute a Licence Agreement, in the form attached hereto as Schedule "A", between the Corporation of the Town of Pickering and Pickering Hydro- Electric Commission respecting the use of part of Block 2, Plan 40M-1231 and part of the road allowance between Lots 20 and 21, Concession 1, being Parts 1-11, Plan 40R-6884 (Valley Farm Road Hydro-Electric Substation). BY-LAW read a first, second and third time and finally passed 21st day of June , 1982. this SCHEDULE "A" TO BY-LAW NUMBER 1501/82 THIS LICENCE AGREEMENT made in duplicate this 17th day of May, 1982. BETWEEN : THE CORPORATION OF THE TOWN OF PICKERING Licensor (hereinafter referred to as the "Town") OF THE FIRST PART, - and- PICKERING HYDRO-ELECTRIC COMMISSION Licensee (hereinafter referred to as the "Commission") OF THE SECOND PART. WHEREAS the Town is the owner, in fee simple, of those lands and premises more particularly described in Schedule "A" attached hereto, which lands and premises are hereinafter referred to as the "subject lands"; and WHEREAS the Commission requires occupation of the subject lands for the purpose of the construction and maintenance of a municipal electric substation thereon; NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT in consideration of the sum of Ten Dollars ($10.00) paid by the Commission to the Town, receipt of which by the Town is hereby acknowledged, and of the mutual coven- ants, terms and conditions hereinafter set out, the Parties hereto agree as follows: The Town hereby grants a licence to the Co~nmission to occupy the subject lands for the purpose of the construction and maintenance thereon, at the sole expense of the Commission, of a municipal electric substation, including the construction, installation and maintenance of power cables, communication cables, wires, con- duits, conduit structures, poles, pole structures, metal enclosed switchgear assemblies, metal enclosed high voltage ducts, power transformers, metalclad indoor switchgear, relas, s, meters, breakers, batteries, building enclosures, foundation structures, fencing, driveways, switchgear yard, sidewalks and landscaping. o The licence granted hereby is not intended to and shall not trans- fer any possessory right or interest to the Commission from the Town. 3. (1) The licence hereby granted shall expire on April 30th, 2081, unless earlier terminated. - 2 (2) The licence hereby granted may be terminated ten year's written notice to the Commission, the Town has re-entered the subject lands or thing in respect to them. by the Town upon whether or not done any act or The Town agrees that the Commission may, in furtherance of its right to occupy the subject lands pursuant to the licence hereby granted, maintain, (a) uninterrupted ingress and egress of equipment by means of two driveways off Sheridan Mall Parkway; and (b) uninterrupted ingress and egress of wires and cables, either overhead or underground, including conduits, support struc- tures and other appurtenances necessary for such ingress and egress, off Sheridan Mall Parkway. The Commission shall at all times indemnify and save harmless the Town from and against all claims, demands, loss, cost, damages, actions, suits or other proceedings by whomsoever made, sustained, brought or prosecuted in any manner based upon, occasioned by or attributable to anything done or omitted to be done by the Com- mission in its use and maintenance of the subject lands, or any buildings or structures thereon, or any appurtenances thereto. If the subject lands are at any time during the currency of this Agreement assessed for realty or other tax purposes, then in that event, the Commission shall pay to the Town during the currency of the Agreement, all such realty or other taxes payable as a result of such assessment. 7. (1) (2) Neither the Town nor the Commission shall have the right to assign this Agreement or any rights hereunder, to any other party. This Agreement and everything herein contained shall extend to, bind and enure to the benefit of the Parties hereto. IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their corporate seals, duly attested by their proper authorized officers. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk PICKERING HYDRO-ELECTRIC COMMISSION Per: Per: SCHEDULE "A" ALL AND SINGULAR those certain parcels and tracts of lands and premises situate, lying and being in the Town of Pickering in the Regional Muni- cipality of Durham and Province of Ontario and more particularly des- cribed as follows: FIRSTLY, Those parts of Block 2, according to a plan registered in the Land Registry Office for the Land Titles Division of Durham (No. 40) as Plan 40M-1231, designated as Parts 1, 4, 7 and 10 on a plan of survey of reference deposited in the said office as Plan 40R-6884; and SECONDLY, Those parts of the road allowance between Lots 20 and 21, Conces- sion 1, designated as Parts 2, 3, 5, 6, 8, 9 and 11 on the said Plan 40R-6884.