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Home My WebLink AboutBy-law 1154/80THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1154/80 Being a By-Law to authorize the execution of a Licence Agreement between the Metro- politan Toronto and Region Conservation Authority and the Corporation of the Town of Pickering with respect to the extension of West Shore Glen Park (Block P, Plan M-18, and part Block S, Plan M-19) WHEREAS, pursuant to the provisions of paragraph 68 of section 352 of The Municipal Act, R.S.O. 1970, chapter 284, by-laws may be passed by the councils of municipalities for acquiring land for public parks in the municipality; and WHEREAS, it is deemed desirable to acquire, by licence, from the Metropolitan Toronto and Region Conserva- tion Authority Block P, Plan M-18 and part of Block S, Plan M-19 for the purposes of extending the Town's West Shore Glen Park; NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Licence Agreement between the Metropolitan Toronto and Region Conservation Authority and the Corporation of the Town of Pickering with respect to Block P, Plan M-18 and part Block S, Plan M-19 (West Shore Glen Park Extension). BY-LAW read a first, second and third time and finally passed this 7th day of July , 1980. TCV,iN ? CKc_ .Ji SCHEDULE "A" to By-law 1154/80 THIS AGREEMENT, made in quadruplicate this 30th day of June , 1980. B E T W E E N: 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 "Pickering"), OF THE SECOND PART. I. WHEREAS the Authority was designated as the implementing agency for the Metropolitan Toronto and Region Waterfront Plan by The Honourable George A. Kerr, Minister of the Environment, on 23rd November, 1970. II. AND WHEREAS pursuant to the provisions of The Conservation Authorities Act, R.S.O. 1970, Chapter 78, and Order-in-Council 49/74 the Authority has jurisdiction over the watersheds of all streams entering Lake Ontario from the point where the west boundary of the Etobicoke Creek watershed meets the shore of Lake Ontario to the point where the east boundary of the Carruthers Creek watershed meets the shore of Lake Ontario and together with the area known as Toronto Island and that portion of Lake Ontario within the corporate boundaries of the towns of Pickering and Ajax and the Metropolitan Area as defined by Clause i of Section 1 of The Municipality of Metropolitan Toronto Act, R.S.O. 1970, Chapter 295. III. AND WHEREAS in the course of implementing the Metropolitan Toronto and Region Waterfront Plan the Authority has acquired and is developing waterfront lands which will enable public access to water oriented recreational facilities. IV. AND WHEREAS Pickering is desirous of administering certain of those areas so acquired hereinafter referred to as "the Lands", as shown outlined in red on attached Schedule "A", for park and recreational purposes; -2- NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the recitals herein and the carrying out of their respective obligations contained in this Agreement, the parties hereto agree with each other as follows: 1. The Authority hereby grants to the Town a right and licence to occupy the lands described in Schedule "A" and the Town accepts delivery thereof subject to the terms of this Agreement. 2. The Town will develop and use the lands for recreational purposes and for such purposes provide all administration and supervision and comply with all governmental requirements, all at its cost. 3. Notwithstanding the provisions of paragraph two (2) hereof, the Authority may prepare detailed mater plans and shall have the right to enter upon the Lands and carry out the development works respecting the Lands contained in the said plans to achieve the objectives and proposals as set out in the Metropolitan Toronto and Region Waterfront Plan. 4. Pickering will maintain the Lands for park, recreation or conservation purposes and for no other purpose except with the written approval of the Authority and shall supply all supervision required in connection therewith. 5. All plans for development of the Lands by Pickering including any lands designated by the Authority as sensitive wet lands or wood lots shall be submitted to the Authority for its written approval prior to carrying out such plans. Notwithstanding any other provisions of this agreement areas designated by the Authority as sensitive wet lands or wood lots shall be maintained in accordance with standards established by the Authority. Pickering shall assume the full cost and responsibility for the maintenance of the Lands, provided that if Pickering is not maintaining the Lands to reasonably satisfactory standards then the Authority may, upon notice to Pickering enter upon the Lands for the purpose of maintaining them and any costs incurred by the Authority by reason of so doing shall be paid to the Authority by Pickering immediately upon being billed. - 3 - 6. No permanent buildings shall be erected upon the Lands without the consent in writing of tLe Authority, both as to location and type of building having first been obtained. 7. Pickering shall not grant any right, title or interest in the Lands without the prior written approval of the Authority having first been given. 8. Pickering shall pay all taxes or other charges levied against the Lands, including lands underwater, and shall assume all such tax liability from June 30, 1980. 9. Pickering covenants and agrees to indemnify and save harmless the Authority of and from all manner of claims, damages, losses, costs or charges whatsoever occasioned to or suffered by or imposed upon the Authority or its property, either directly or indirectly, in respect of any matter or thing in consequence or in connection with or arising out of Pickering's use, maintenance or development or administration of the Lands or out of 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 elsewhere. 10. All signs erected on the Lands shall first be approved by the Authority. Pickering agrees to erect at its cost such signs as may be reasonably requested by the Authority. 11. Notwithstanding any of the provisions herein the Authority shall retain control of all aspects of the shoreline management and the protection thereof against erosion and of the works necessary therefore. The costs of the construction and the continuing maintenance of the works necessary for such shoreline management and protection against erosion shall be paid by the Authority. 12. It is understood and agreed that administration of the Lands referred to herein shall be returned to the Authority only by mutual agreement and that failing such agreement any such requests shall be refered to the Minister of the Crown who - 4 - administers The Conservation Authorities Act for arbitration and his decision shall be final and binding on both parties hereto. 13. This Agreement shall remain in full force and effect until superseded by an agreement mutually acceptable to the parties hereto but failing such mutual agreement the proposed changes shall be submitted of the aforementioned Minister of the Crown for arbitration and his decision shall be final and binding on both parties. 14. 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 from a post office in Canada addressed in the case of the Authority to: The Metropolitan Toronto and Region Conservation Authority, 5 Shoreham Drive, DOWNSVIEW, Ontario. M3N 154, ATTENTION: Secretary- Treasurer; or addressed in the case of Pickering to: Mr. N.C. Marshall, ?uw'n /?'? ?n str_ r- eleri, The Corporation of the Town of Pickering, 1710 Kingston Avenue, PICKERING, Ontario. L1V 1C7; or if delivered by hand at such addresses. Each of the foregoing shall be entitled to specify different addresses by giving written notice as aforesaid to the other. Any such notice if mailed, shall be deemed to have been given on the first business day following such mailing or if delivered by hand, shall be deemed to have been given on the day of delivery if a business day or if not a business day following the day of delivery. IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals attested by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED THE METROPOLITAN TORONTO AND REGION in the presence of Z CONSERVATION AUTHORITY Chairman Secretary-Treasurer THE CORPORATION OF THE TOWN OF PICKERING Mayor er p re¢jO r.<.rGMt A 2 9/7 _ r vICTERN GMT vocoa?re •n - _ 118 T - 78120 Kf i y5 DES-CO-CON IBT-76047 I BT-76043 An T=- ,SLGI P M -78 RT. BLC CC 6 ??-/?N M•I?I D, IV „[ FRENCHMANS ? ' I llrnly Sl cNa ro .mean n. 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