HomeMy WebLinkAboutBy-law 1210/80THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1210 /80
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Being a By-Law to authorize the execution
of a Licence Agreement between the Durham
Board of Education and the Corporation of
the Town of Pickering with respect the use
of the Valley View Public School parking
lot in conjunction with the Greenwood
Library.
WHEREAS, the Corporation of the Town of Pickering has acquired
certain lands in Concession 5, Pickering, for use as a public
library in the Hamlet of Greenwood; and
WHEREAS, it is necessary to provide a driveway and parking
facilities for the said library;
! 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 in the form attached hereto as
Schedule "A" between the Corporation of the Town of
Pickering and the Durham Board of Education respecting
the use by the Town of driveway and parking facilities
at Valley View Public School.
BY-LAW read a first, second and third time and finally passed
this 15th day of December , 1980.
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SCHEDULE "A"
By-Law Number 1210/80
THIS AGREEMENT made in triplicate this
1980.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
(hereinafter called the "Town"),
day of
OF THE FIRST PART
- and -
THE DURHAM BOARD OF EDUCATION
(hereinafter called the "Board"),
OF THE SECOND PART
WHEREAS the lands and premises more particularly
described in Schedule "A" hereto (hereinafter called the
"Board's Lands") were, pursuant to the provisions of
section 84 of the Secondary Schools and Boards of Educa-
tion Amendment Act, 1968, S.O. 1968, c.122, vested in
The Ontario County Board of Education which is continued
as The Durham Board of Education, being the "Board" herein;
and
WHEREAS, by deed dated February 27, 1980 and
registered in the Registry Office for the Registry Division
of Durham on March 20, 1980, as Instrument No. D105387, the
Town acquired fee simple title to the lands and premises more
particularly described in Schedule "B" hereto (hereinafter
called the "Town's Lands") from the Board; and
WHEREAS, as a condition of the Town acquiring the
Town's Lands from the Board it was agreed that the Town
should be allowed to make use of the Board's Lands for
certain purposes:
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT, in
consideration of the sum of Two Dollars ($2.00) paid by each
of the Parties hereto to the other of them, receipt whereof
is hereby acknowledged by each, the Parties hereto agree as
follows:
1. The Board hereby grants to the Town a non-exclusive
licence to use the Board's Lands for the purpose of
parking for staff and patrons of the Town's library
to be located on the Town's lands, subject to the
terms, conditions and covenants herein contained.
2. The licence hereby granted is not intended to and
shall not transfer any possessory right, easement,
leasehold interest, or any other interest to the Town
from the Board.
2 -
3. The licence hereby granted shall be effective,
(a) after 5:00 p.m. only, on those days upon
which the Board's Valley View Public School
is open for attendance by students, and
(b) at any time on other days.
4. The licence hereby granted shall be revocable,
(a) at any time, in the event of an emergency
as determined solely by the opinion of the
Board,
(b) upon two year's written notice to the Town;
or
(c) upon three month's written notice to the Town
in the event that the Town's lands commence to
be used, at any time prior to March 21, 2030,
for any purpose other than that of a municipal
public library.
5. The Town shall at all times indemnify and save harm-
less the Board from and against all claims, demands,
loss, costs, damages, actions, suits or other pro-
ceedings 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 Town, its employees, servants or agents, in
the use of the Board's Lands.
6. The Town agrees to indemnify and save the Board harm-
less of and from all manner of actions, causes of
action, suits, claims, damages, loss, costs and charges
in respect of any personal injury or property damage
sustained by the said staff and patrons referred to in
Paragraph 1 above, while using the Board's lands for
the purposes of this licence.
7. The Town agrees to indemnify and save harmless the Board
for any damage caused by the said staff and patrons re-
ferred to in Paragraph 1 above, to any property of the
Board and the Town agrees to repair or reimburse the
Board forthwith upon demand for any damage so caused.
IN WITNESS WHEREOF the Parties hereto have affixed
their corporate seals, duly attested by the hands of their
respective authorized officers.
SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF
Chairman
Superintendent of Business
THE DURHAM BOARD OF EDUCATION
SCHEDULE "A"
ALL AND SINGULAR that certain parcel or tract of land
and premises situate, lying and being in the Town of
Pickering in the Regional Municipality of Durham and
Province of Ontario and being composed of part of Lot
10, Concession 5, and part of Lot 1, according to a
Plan registered in the Registry Office for the Registry
Division of Durham as Plan No. 555, which parts are
designated as Part 2 on a plan of reference deposited
in the said office as Plan No. 40R-5638.
SCHEDULE "B"
ALL AND SINGULAR that certain parcel or tract of land
and premises situate, lying and being in the Town of
Pickering in the Regional Municipality of Durham and
Province of Ontario and being composed of part of Lot
10, Concession 5, and part of the Road Allowance between
Lots 10 and 11, Concession 5, which parts are designated
as Part 1 on a plan of reference deposited in the Registry
Office for the Registry Division of Durham as Plan No.
40R-5638.