HomeMy WebLinkAboutBy-law 5028/97REPEALED BY ,
REPEALS .
AMENDED BY ....
AMENDS
DISPOSITION
THE CORPORATION OF THE TO~ OF
Being a by. law to authorlte the execution of a
Licence Agreement for the period of 25 years
commencing June 2, 1997 to June 2, 2022,
between Ontario Hydro and The Corporation of
the Town of Picketing respecting part of Lots 19,
20 and 21, Range $, B.F.C, Picketing for
installation of a pedistrian/cycling trail
O4'aterfront Trail).
WHEREAS, pursuant to the provisions of sections 191 and 207.57 of the Municipal ,act, R,S.O.
1990, chapter M.45, the Council of The Corporation of the Town of Picketing deems it desirable
to enter into a Licence Agreement, for the period June 2, 1997 to June 2, 2022 with Ontario
Hydro respecting the leasing of a portion of Ontario Hydro corridor lands for a
pedestrian/cycling trail on part of Lots 19, 20 and 21, Range 3, B.F.C., Pickering;
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, for the period June 2, 1997 to June 2, 2022, respecting
part of Lot 19, 20 and 21, Range 3, B.F.C., Pickering between Ontario Hydro and The
Corporation of the Town of Pickering for a pedestrian/cycling trail (Waterfront Trail).
BY-LAW read a first, second and third time and finally passed this 2nd day of June, 1997.
Wayne Arthurs, Mayor
Bruce aylor, C er
ONTARIO HYDRO
LICENCE
Permission Is hereby given by Ontario Hydro (herein called the "Licensor") to
The Corporation of The Town of Picketing (herein called the "Licensee") to use e 3
meter wide corridor for a pedestrian/cycling trail (the Trail) shown on the sketch
attached hereto (the said lands being hereinafter referred to as the "Land") and being
described as:
Part of Lots 19. 20 & 21, Range 3 Broken Front Concession. Formerly in the
Township of £;ckering. County of Ontario now in the Town of Pickering, Regional
Municipality of Durham as shown on location drawings prepared by Henry
Kortekaas and Associates, Landscape Architects, attached to this Licence.
for public recreational purposes only. for a term of 25 years commencing on the
2ncl day of June . 1997 subject to the terms and conditions set out in
Schedule "A" hereto attached and forming part of this Licence which the Licensee
hereby accepts and agrees to perform and abide by.
Other lands may also be incorporated herein with mutual agreement of both
licensor and Licensee as evidenced by the execution of an Addendum in the form
of Schedule "B" attached.
DATED this 2nd day of June 1997.
IN WITNESS WHEREOF the parties hereto have executed this Licence.
The Corporation of the Town Of Picketing:
Mayor, Wayne Arthurs
Clerk, Bruce Taylor
'ARI YD :
SCHEDULE "A"
THE TERMS AND CONDITIONS mentioned In the Licence annexed which the
Licensee covenants and agrees to observe and be bound by and to cause
adherence to et all times are as follows:
1. For the permission granted hereby the Licensee shall pay to the Licensor the
sum of ONE DOLLAR the receipt whereof is hereby acknowledged.
2.(a) This Licence and the permission granted hereby may be revoked and
canceled in whole or in part by the Licensor if the land is required by
the Licensor for its purposes or for development or disposition or by
Municipal, Provincial or Federal authorities upon giving to the
Licensee one year's notice in writing and in such event, the Licensor
shell pay to the Licensee as full compensation an amount equal to the
capital cost of any improvements to the land made by the Licensee
depreciated by the straight line method from the date of installation of
each improvement to the end of the term or the life of the
improvements as herein set out. The Licensee shall give the licensor
written notice of the as constructed cost of such improvements as
soon es it is reasonably practicable after they have been constructed,
installed or made.
2.(b) This Licence or portions there of may be terminated by the Licensee
by giving the Licensor thirty {30) days notice of termination subject to
the terms and condition of this agreement.
3. The Licensee may permit members of the public to use the land for the
purposes set out in accordance with the terms ~mreof, but the Licensee shall not
assign, transfer, sublease, part with possession (~r dispose of all or any part of the
land or this Licence or any privileges or interests ~'~e"eby granted to it without the
written consent of the Licensor which may be un~'e~onably or arbitrarily withheld,
failing which the Licensor shall be entitled to termir~ate this Licence immediately
after notice of the occurrence of such breach.
4. If the Licensee should at any time fail to carry out any of the stipulations in
this Licence other than those contained in paragraph 3 to the satisfaction of the
Licensor acting reasonably, the Licensor may mail to the Licensee written notice
specifying the failure, and if the failure is not remedied or adequate and sufficient
measures are not being taken to satisfactorily remedy the same within one (1)
month of mailing the notice, the Licensor may terminate this Licence immediately
upon the expiration of the one month period aforesaid in whole or in part.
5. All property of the Licensee or members of the public at any time on the
land shall be at the sole risk of the Licensee (or members of the public, as the case
may be provided that such member of the public has voluntarily assumed such risk
which transfer of risk shall be the responsibility of the Licensee) and the Licensor
shall not be liable for any loss or damage thereto however occurring and the
Licensee releases the Licensor from all claims and demands in respect of any such
loss or damage, except and to the extent to which such loss or damage is caused
or contributed to by the neglect or default of the Licensor, its servants or agents.
6. The Licensee shall assume all liability and obligation for any and all loss,
damage, or injury, including death, to persons or property that happens as ii result
of or arises out of the use and occupation of the land by the Licensee or members
$
of the public end the Licensee shell at all times indemnify and aave harmless th~
Licenaor from and egaina! ell such toss, damage, or injury and ~t acUons~ suits,
proceedings, costs, charges, damages, exposes, clal~ or demands ar~tng
~erefrom or connected therewi~; provided ~et the Ll~e ~hall ~t ~ liable
under thit paragraph to the extenr to wh~h ~uch loss, da~ge, or injury il caused
or contributed t0 by the neglect or default of the Licensor, its servants or agents.
7. The Licensee shall at its own expense, arrange end maimatn a liability
Insurance policy satisfactory to the Licensor iff order to indemnify the Licensor as
provided for in paragraphs 5 and 6 of this Licence. A ce~ified copy of such policy
or a satisfactory certificate in lieu thereof shall be given to tho Ucensor for
approval on or before the Licence commencement date.
~, The construction or siting of all buildings and structures, the installation of
e~uipment and recreational facilities, and grading and the planting of trees, must
all first receive the approval of the Licensor.
9. The Licensee shall comply with the Design Standard~ of the Transmission
and Distribution Project Division of the Licensor, Canada Standa:ds Association
Standard C-22.3, the 'Safety Rules and Standards Protection ~de' of the
Licensor, The Occupational Health and Safety Act, R.S.O. 1990 and any
amendments thereto and any regulations passed thereunder when using heavy
equipment during any construction or maintenance.
10. The location and clans of any area or areas for the parking of motor vehicles
must have the prior approval of the Licensor in writing and unless otherwise
stipulated herein must not exceed 10% of the licensed a~ea. Except for the
parking of motor vehicles in sucl'~ designated areas, all motorized vehicles and
equipment other than those of the Licensee used for maintenance purposes shall
be prohibited.
11. The Licensee shall not interfere in any way with or cause any change to any
works of the Licensor now existi~g or hereinafter constructed on the land, and
without limiting the generality of the foregoing, the Licensee shall ensure that ~he
height of any vehicle, Icad or other object, including attachments, or people
standing tl,ereon near the Licensor's conductors will no~ exceed 4.115 m (13.5')
above the existing grade.
12. The Licensee shall prohibit kite flying and model airplane flying and any
o~her activities which in the opinion of the Licensor might interfere with the safe
and efficient operation of its works or be offensive, annoying or dangerous and
shall post signs in suitable locations on the land stating that kite flying and model
airplane flying and other activities are prohibited.
13. The Licensor and anyone ac~ing pursuant to i~s authority may at any time
upon twenty-four hours advance notice to the Licensee or at any time without
notice in case of emergenc,/enter on the land and inspect, maintain, repair, re-
arrange, add to, replace, relocate and remove any of its works as defined irt the
Power Corporation Act, R.S.O. 1990, Ch. P18 as amended and further may
construct, add, inspect, maintain, repair, alter, re-arrange, relocate and remove
such new works or equipment as the Licensor determines necessary or desirable
and the Licensor shall not be I~able for and is hereby released from all damages,
losses, injuries, costs, charges, expenses, suits, proceedings, claims and demands
arising in connection with carrying ou~ the work aforesaid, includ ng, without
limitation, all claims for damages, indemnification, reimbursement or compensation
by reason of loss, interruption or suspension of business or interference or
inconvenience howsoever caused or physical damage to the land, provided that
the Licensor Shall complete all Such construction, installation, maintenance, repair,
~tarre~gement, repl~ement, relocation and removal ~ctions as ~oon as is
reasonably practical after oommen~ement thereof.
!4. The ltcance shall be subject to all leases, ticences, or any right of use or
o~cupstton existing at the date hereof end the Licensor may from time to time
renew or extend them or make new ones so long as they do not in the Licensor's
opinion interfere unreasonably with the purpose of this Ltcence.
15. The Licensee shell maintain the land end any of the Licensee's installations
thereon in a neet end tidy condition satisfactory to the Licensor. In the event the
Licensor considers it necessary that any part or parts of the perimeter of the land
or any of the Licensee's or Licensor's installations thereon be fenced it shall be
done et the expense of the Licensee,
16. Upon termination of this Licence the Licensor may require the Licensee at its
own expense to remove any of its installations and facilities from the land end
restore the land to a condition satisfactory to the Licensor.
17. The Licensee shall not pile snow on any of the Licensor's adjoining lends
nor shall it pile snow on the licensed lands which would result in piles exceeding
six feet in height or being closer than twenty-five feet from any of the Licensor's
transmission towers. In the event of the Licensee acting in breach of this
condition, the Licensor may remove any such pile. the cost of which work. shall
be charged by the Licensor to the Licensee,
SCHEDULE "B"
ADDENDUM TO ADD LANDS
WHEREAS:
A. By Licence dated 1997 (the "licensor"), Ontario Hydro
consented to the use of certain lands described therein by the Town of
Pickertng pursuant to terms and conditions therein set out;
B. The Town of Picketing desires to amend the Licence to include within the
scope thereof the lands described below;
C. Counsel for the Town of Picketing by By.Law No. dated has
consented to the licensing of the lands described below on the terms of the
Licence, end authorize execution ::f this Addendum by the Mayor and Clerk
of the Town.
NOW THEREFORE THIS ADDENDUM WITNESSES that in consideration of the sum
of $2.00. the Licence shall be amended to include:
The lands described as:
This Addendum shall take effect on ( ).
IN WITNESS WHEREOF the parties' corporate seals attested by their duly
authorized officers.
Signed. Sealed and Delivered )
)
)
ONTARIO HYDRO
per:
The Corporation Of The Town of Pickering
per:
MAYOR
per:
CLERK