HomeMy WebLinkAboutBy-law 880/78THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 880/78
Being a by-law to authorize the execution
of a Licence Agreement between The Corpor-
ation of the Town of Pickering and Mr.
Lorne Davis for the use of Part Lot 18,
Range 3, Broken Front Concession (Parts 3
and 9, Plan 40R-2638).
WHEREAS the provisions of sub-section 6 of section 336
of The Municipal Act, R.S.O. 1970, chapter 284, as amended,
provide that the Council of a municipal corporation may pass
by-laws providing for the use of lands of which the corpor-
ation is the owner and for the regulation of such use and
the protection of such lands;
AND WHEREAS it is deemed expedient to permit certain
lands currently owned by The Corporation of the Town of
Pickering to be used for agricultural purposes for the
period of September 15th, 1978 to September 15th, 1979;
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 exe-
cute a Licence Agreement in the form attached
hereto as Schedule "A" between The Corporation of
the Town of Pickering and Lorne Davis respecting
the use of those parts of Lots 18, Range 3, Broken
Front Concession, designated as Parts 3 and 9 on
Plan 40R-2638.
BY-LAW read a first, second and third time and finally passed
this 11th
day of September
, 1978.
TOWN OF
PICKERING
APPROVED
AS TO FORM
ij
Clerk
i
LEGAL
SCHEDULE "A"
S,ICENCE to occupy land dated this 11th day of September, 1978.
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter referred to as the "Licensor"
OF THE FIRST PART,
hereby grants permission to
LORNE DAVIS, of the Town of Pickering
in the Regional Municipality of Durham
hereinafter referred to as the "Licensee",
OF THE SECOND PART.
To occupy land in the Town of Pickering in the Regional Munici-
pality of Durham and Province of Ontario, more particularly
described in Schedule "A" attached hereto, for farming purposes
only,
YIELDING AND PAYING therefor unto the Licensor the sum of
$120.00 per annum, payable as follows:
(a) $ 20.00 on the 15th day of September, 1978;
(b) $ 50.00 on the 15th day of August, 1979; and
(c) $ 50.00 on the 15th day of September, 1979,
provided that,
(d) if this licence is cancelled or terminated prior
to the 15th day of August, 1979, then the amounts
otherwise payable on that date and on the 15th
day of September, 1979, shall not be payable; and
(e) if this licence is cancelled or terminated prior
to the 15th day of September, 1979, and after the
14th day of August, 1979, then the amount other-
wise payable on the 15th day of September, 1979,
shall not be payable.
IN FURTHERANCE WHEREOF, the Parties covenant and agree, for
mutual consideration, as follows:
1. The permission herein granted operates solely
as a licence and does not transfer any exclu-
sive possessory right or leasehold interest to
the Licensee.
2. The Licensee shall not change the use or per-
mit a change of the use of the said land for
any purpose.
3. The Licensee shall maintain the land, and any
structures including buildings and fences
thereon, in a condition satisfactory to the
Licensor's Director of Public Works, or his
delegate, who may enter at any time for the
purpose of examining the condition of the
land and structures.
- 2 -
4. During the term of this Licence the Licensee shall
not place or erect, or cause to be placed or erected,
any building or structure on the land.
5. The Licensee shall at all times indemnify and save
harmless the Licensor from and against all claims,
demands, loss, costs, 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 Licensee in his use
and maintenance of the said land or arising from
the public use thereof.
6. Where the Licensee fails to observe any of the
covenants or agreements herein contained, the
Licensor may, by written notice, cancel this
Licence, and from the date of receipt by the
Licensor of such notice, this Licence shall term-
inate and be void, whether or not the Licensor
has re-entered the land or done any other act
or thing in respect to it.
7. Notwithstanding the provisions of section 6, the
Licensor may at any time terminate this Licence
by giving the Licensee one (1) month written
notice, and from the date of termination speci-
fied in such notice, this Licence shall terminate
and be void, whether or not the Licensor has re-
entered the land or done any other thing or act
in regard to it.
8. (a) Cancellation or termination of this Licence
shall in no way prejudice the Licensor's
right to recover unpaid licence fees or any
other right of action by the Licensor with
respect to a breach of any covenant or
agreement herein contained.
(b) In the event that this Licence is cancelled
or terminated, the Licensee hereby agrees
that he shall make no claim of any nature
whatsoever against the Licensor, or any
successor of the Licensor, for damages or
compensation for crops lost as a result
of such cancellation or termination.
9. This Licence shall commence on the 15th day of
September, 1978, and, subject to the provisions
of sections 6 and 7 and with the exception of
sections 5 and 8, shall expire on the 15th day
of September, 1979.
10. This Licence is not assignable by the Licensee
in any way, and shall not extend to, bind or
enure to the benefit of any successor or assign
of the Licensee.
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IN WITNESS WHEREOF the Licensor has hereunto affixed its
corporate seal attested by its proper signing officers
duly authorized in that behalf, and the Licensee has here-
unto set his hand and seal.
SIGNED, SEALED AND DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
yor
in the presence LORNE DAVIS
of
tness
SCHEDULE "A"
All and singular those certain parcels or tracts 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 those parts
of Lot 18, Range 3, Broken Front Concession, designated
as Parts 3 and 9 on a Plan of Survey of Record registered
in the Registry Office for the Registry Division of Durham
as Plan 40R-2638.
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