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HomeMy WebLinkAboutBy-law 1528/82THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1528/82 Being a By-Law to authorize the execution of a Licence Agreement with the Regional Municipality of Durham respecting Part Lot 30, Concession 1 (Regional Reservoir; Foxhollow Neighbourhood Park) WHEREAS, pursuant to the provisions of section 208.57 of the Municipal Act, R.S.O. 1980, chapter 302, by-laws may be passed by the councils of all municipalities for, inter alia, acquiring, operating and managing parks; and WHEREAS, it is deemed desirable to enter into a Licence Agreement with the Regional Municipality of Durham respecting the use by the Town of the Region's reservoir lands in Lot 30, Concession 1, Pickering, as an extension to Foxhollow Neighbourhood Park; 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 a Licence Agree- ment, in the form attached hereto as Schedule "A", between the Regional Municipality of Durham and the Corporation of the Town of Pickering respecting the use by the Town of the Region's reservoir lands in Lot 30, Concession 1, as an extension to Foxhollow Neigh- bourhood Park. BY-LAW read a first, second and third time and finally passed this 5th day of July , 1982. Schedule "A" to By-law Number 1528/82 THIS AGREEMENT made in triplicate this day of , 1982. BETWEEN : THE REGIONAL MUNICIPALITY OF DURHAM hereinafter referred to as the "Region", Licensor, OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter referred to as the "Town", Licensee, OF THE SECOND PART. WHEREAS the Region is the owner in fee simple of certain lands and premises located in Lot 30, Concession 1, Pickering, upon which is located a municipal water reservoir and related appurtenances; and WHEREAS the Town is the owner in fee simple of certain lands and pren~ ises, being Block , Plan 40M- , Pickering, adjacent to the Region's lands, and upon which is located a municipal park and related appur- tenances; and WHEREAS the Town wishes to expand its municipal park westerly onto the Region's lands; NOW THEREFORE this Agreement witnesseth that, in consideration of the premises and the mutual covenants and conditions herein contained, and the sum of two dollars ($2.00) now paid by the Town to the Region, receipt of which is hereby acknowledged, the Parties hereto agree as follows: The Region hereby grants to the Town an exclusive licence, here- inafter referred to as the "Licence", to occupy those lands and premises situated in Lot 30, Concession 1, Pickering, and more particularly described in Schedule "A" hereto, which lands and premises shall hereinafter be referred to as "the Lands", subject to the terms and conditions of this Agreement. (1) The (a) (b) Licence hereby granted, shall not transfer any possessory or leasehold interest in the Lands to the Town; shall be effective twenty-four hours per day, every day of every year during the term of the Licence; and (2) (c) shall not preclude or prevent the Region from using the Lands as a municipal facility or in any other manner in the event of an emergency. For the purposes of clause (c) of subsection (1), above, the Town shall, (a) ensure that continuous access is available between Rosebank Road and the pump building located on the Lands; (b) ensure that the overflow drainage swale running south- erly from the actual reservoir is not filled in; and (c) ensure that no chemicals of any sort for any purpose are applied to that portion of the Lands comprising the actual reservoir, nor to any vegetation thereon. (1) The Town shall develop, maintain and use the Lands for muni- cipal park and recreation purposes only. (2) For such purposes, the Town shall provide all necessary administration and supervision and comply with all govern- mental requirements. (1) (2) (3) (4) Prior to the commencement of any development of the Lands, the Town shall submit detailed pla~s and drawings of the proposed development to the Region for its written approval, and shall not commence development until such time as appro- val is granted. The Town shall undertake and complete development in accord- ance with the approved plans and drawings and shall maintain the Lands in accordance therewith. The Town shall be responsible for the full cost of the devel- opment and maintenance of the Lands. If the Town fails to complete development, or to maintain the Lands to the Region's satisfaction following completion, then the Region may, upon seven day's notice to the Town, enter upon the Lands for the purpose of completion or maintenance, as the case may be, and any costs incurred by the Region by reason of so doing shall be paid to the Region by the Town within thirty days of receipt by the Town of the Region's invoice therefor. (1) The Town shall pay all taxes or other similar charges levied on or after , 1982, against the Lands. (2) The Town shall indemnify and save harmless the Region of and from all manner of claims, damages, losses, costs or charges whatsoever occasioned to or suffered by or imposed upon the Region or the Lands, either directly or indirectly, in respect of any matter or thing in consequence of or in connection with or arising from the Town's development, maintenance or use of the Lands or from any operation 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, unless the cause of such loss, costs, suits, actions, claims and demands can be traced to the actions or omissions of the Region, its servants or agents. - 3 (1) The term of this Licence shall be for a period of thirty (30) years commencing on , 1982 and expiring on , 2012, unless the Licence is earlier revoked, terminated or surrendered pursuant to the provisions of subsection (2), below. (2) The Licence hereby granted may, (3) (4) (a) be revoked by the Region upon five (5) year's written notice to the Town; (b) be terminated at any time upon the written agreement of the Parties; and (c) be surrendered by the Town upon five (5) year's written notice to the Region. Notwithstanding the provisions of subsections (1) and (2), above, the Region may temporarily suspend the Licence, upon two (2) year's written notice to the Town, for the period of construction, in the event that the Region wishes to expand or construct any Regional facilities thereon or thereover. In the event the Licence is suspended pursuant to the pro- visions of subsection (3), the operation of all terms and conditions of this Agreement, except sections 5(2), 7, 8 and 9, shall also be suspended for the same period of time. (5) (a) If the Town is not Region will grant, renewal hereof for in default under this Agreement, the at the expiry of the term hereof, a a further thirty (30) year term. (b) The Town shall give notice of its intention to renew this Agreement to the Region at least three (3) months prior to the expiry of the term hereof. (c) Any renewal hereof shall be upon the same terms and con- ditions as are contained herein with the exception of this provision for renewal. If, at any time during mines that, (a) the term of the Licence, the Region deter- (b) (c) then first refusal to purchase the it no longer requires a municipal water reservoir and dis- tribution centre on the Lands; it does not require the Lands for any other purpose; and it wishes to dispose of the Lands, the Region hereby agrees to grant to the Town the right of Lands. (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 personally, (a) in the case of the Region, to the Commissioner of Public Works of the Regional Municipality of Durham at 105 Consumer's Drive, Whitby, Ontario, L1N 6A3, and (b) in the case of the Town, to the Director of Parks and Recreation, at 1710 Kingston Road, Pickering, Ontario, L1V 1C7. - 4 - (2) (3) Each Party may redesignate the person or the address, or both, to whom or at which such notice, document or other con~nunication shall be given by giving written notice to the other. 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. e The Licence granted hereby is personal and shall not be assigned either in whole or in part by the Town without the express written consent of the Region, which consent may be arbitrarily refused. 10. This Agreement and everything herein contained shall extend to, bind and enure to the benefit of the Parties hereto, their suc- cessors and assigns. IN WITNESS WHEREOF the Parties hereto have hereunto affixed their corporate seals, duly attested by their proper authorized officers. SIGNED, SEALED & DELIVERED THE REGIONAL MUNICIPALITY OF DURHAM Chairman Clerk THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk SCHEDULE "A" ALL AND SINGULAR those certain lands and premises situate, lying and being in the Town of Pickering in the Regional Municipality of Durham (formerly in the Township of Pickering in the Councy of Ontario) and being composed of part of Lot 30 in the First Concession of the said Town of Pickering containing by admeasurement 7.61 acres more or less and being more particularly described as follows: COMMENCING at a stake planted in the Westerly limit of said Lot 30, said stake being distant Northerly along the said limit 1,311 feet from the Southwest angle of said Lot 30. THENCE Northerly along the said Westerly limit a distance of 494 feet to a stake planted, said stake being distant Southerly 1,450 feet, 8 inches more or less from a fence marking the centre line of the said Concession 1. THENCE North 72 degrees 49 minutes East a distance of 671 feet, 8 inches to a stake planted. THENCE Southerly parallel to the said Westerly limit of Lot 30 a dis- tance of 494 feet to a stake planted. THENCE South 72 degrees 49 minutes West a distance of 671 feet 8 inches more or less to the PLACE OF BEGINNING. BEING the lands described in Instrument Number 138674.