HomeMy WebLinkAboutPF 12/98�NOFp • ��
I �
~ � RT:PORT TO CUUNCIL
FROM: Everett Bunlsma DATE: December I, 1998
Director of Parks & Facilities
REPORT NUMBER: PF 12-98
SUBJECC: Parks & Fncilities
- Liance Agreements
- Ontsuio Hydro - Kinsmen Park, Alex Robcrtson Park and
Bcachfmnt Park
- File:I.S IOOD
RECOMMENDATION:
A by-law should be enacted authorizing the execution of a Licence Agrcemenl (or park purposes
between the Town und Ontario Hydro which has cxpircd.
ORIGIN:
Expiry of July 1973 Licence Agrcement - Alca Robertson Purk
August 1973 Licence Agrcemcnt - Kinsmen Purk
1978 Licence Agrcement - Beachfront Park
AUTHORTCY: Municipal Act, R.S.O. 1990 Chaptcr M45
Sections 191 nnd 207.52
FINANCIAL IMPLICATIONS:
Not npplicable
EXECUTIVE SUMMARY:
The enactment of this bylaw will renew existing Licence Agrcemcnls which havc cxpired for
Innds requircd by the Town for park purposes.
HACKGROUND:
In 1973 nnd 1978 the Town entcrcd into sepnmla Licencc Agrecments for vnrious parklands
immedintcly ndJncent to thc Pickering Nucicar Gcneruting Station. Thcsc agrccmcnts werc
entcrcJ into on sepnratc occasions with dl(fercnt tcrmination dnles.
�4 Report to Council PF 12-98, Dntc: Ikcember I, 1998
SubJcct: Purks & Facilities- pag� Z
Licence Agreements - Ontario Hydra
Thesa ngreeroents huve recently expirod nnd given thut thcse parklanJs represent a significant
nsset to the Town of Pickering renewal is udvised,
The Licence Agreement uttuched hereto includes ull of the lands previously set out in the 3
separate ugreements und proposes u tcrmination dato of Mny 31, 2008.
ATTACHMENTS:
1. Draft by-Inw with proposed Licence Agreement attached as Schedula A.
Prep By: Report Reviewed By:
�(. �B�
E iett Bunisma Legal Sc ces
Director of Parks & Facilitics
EB:mld
Attachments
Copy: General Manngcr
Recommended for the con+idcration of
Pickering Town C cil
� J �«. �
omas J. ' n, Gc eral Ma r
II
�S
TH$ CORPORATION OF THE TOWN OF P[CKERING
BY-LAW NO.
Being a by-Inw to uuthorize the execution of a
Licence Agrcement between Ontnrio Hydro and
The Corporation of the Town of Pickering
respecting parts of Lots 20, 21 und 22, Ronges 2
und 3, Broken Front Concession, Pickering for
park purposes.
WHEREAS, pursuant to the provisions of sections 19l and 207.52 of the Municipal Act R.S.O. '
1990 Chapter M45, the Council of a municipality may p�ss byInws for ucquiring lund inter alia �
for park purposes; I
And Wi�REAS, the Corporation of the Town of Pickering dcems it desirable to enter into u ,i
Licence Agreement, for the period November 17, 1998 to Mny 31, 2008 with Ontario Hydro �
respecting the leasing of various portions of Ontario Hydro Innds !or pazk purposes on Purts of
Lot 20, 21 nnd 22, Range 2 nnd 3, B.F.C. Pickering.
NOW T[3EREFORE THE COUNCIL OF THE CORPORATION 0� THE TOWN OF
PICKERING HEREBY ENACfS AS FOLLOWS: i
I. The Mayor und Clerk urc hcrcby nuthorized to execute a Liccnce Agrcement in the form
attached hereto as Schedule A for the period November 17, 1998 to May 31, 2008 respecting
Pnrts of Lot 20, 21 and 22, Range 2 and 3 B.F.C. Pickering between Ontario Hydro and Thc
Corporation of The Town of Pickering for park purposes.
i
BY-LAW mad n first, second and third time und finally passed this day of 1998.
Wuyne Arthurs, Muyor
Bruce Tuylor, Clerk
' i��, ATTACHMENTM � TOA/������8
THIS AMENDING AND R�NEWAL AGREEMTNT madc in uiplicatc tlte 17th day of
November, 1998.
BETWEEN: ONTARIO HYDRO
(hereinafter cailcd "H,ydro")
' OF THE I'IRST PART
-AND-
' T!� CORPORATION OF THE TOWN OT
PICKERING
. p�creinaRcr calicd "Town")
OT THG SGCOND PART
- AND —
' TIfE MGTROPOLITAN TORONTO A�1D I2GGION
CONSLRVATION AUTIIORITY
, (hercinafier called lhe "Authority")
O� THE TIiIRD PART.
WHEREAS Hydro and the Authority entcred into a liccncc agreement dated ]uly 4, 1973 for
a term of twenry-five (25) years commcncing July 1, 1973, together with the right to rencw
this ngreement at its expiration for funher consecutive periods of ten (10) ycars cach upon thc
terms and conditions contained therein.
ANll WHEREAS the Authority grnntcd, conveyed and transferred to the Town, thc right to
use and occupy the lands described in the ubovc licence agreement pursuant to an assignment
dated October 3, 1977 and made amongst the Authority, thc Town and Hydro as partics of thc
First, Second and Third Parts respcctively, which agrecment and assignment are hcrcinafter
collectively called and referred to az the "July 1973 Licencc Agrcement".
AND WHEREAS thc parties agrcc that, as of thc effective date of this agreement, thc
Authority is to be released from all Port.her obligation on its pan and that no (urther consent or
• Z i) {.
consult is thereaRer required of the Authority with respect to tlie July 1973 Liccnce Agreement
us hereby amended, thc intent being that all referonces to tha Authodty shalt thereaftcr be rcad
as references to thc Town.
AND WHGFiGAS Hydro and the Town entered into a liccncc agrccment datcd August 3, 1973
(the "August 1973 Licence Agrecment") for n tcrm of twenty-five (25) ycars commencing
April, 1 1973, toge�her with the right to renew this agreement at its expiration for further
consecutive periods of ten (10) yeazs each upon thc terms nnd conditions containcd thcrein.
AND WHEREAS Hydro and the Town entered into a(urther licence agrecment dated May
19, 1978 (the "1978 Licence Agreement") for a term of twenty (20) years commencing June
1, 1978 with no right to renew this agreement upon its expiration.
AND WHGREAS the Town desires to renew the Licence Agrcements for (urther term of tcn
(10) years ench and Hyclro is agreeable thereto, subject to und upon the terms and conditions
c�ntained in this agreemcnt;
AND WHEREAS the above agreements arc hercinaRer coilectivcly called U�c "Licence
Agreements" nnd individually caUed the "L(cence Agreement".
THIS AGREEMENT WITNESS that in rnnsidcration of Hydro agrceing to renew each of the
Licence Agrccmenls and thc co�•enants and considcrations hcrcin contained and othcr good and
vnluable consideratian (thc sufficiency and reccipt of which is hereby acknowicdged), U�c
parties hcreby agrce to the following amcndmcnts to cach of d�c Liccncc Agrccmcnts and thcir
rcnewal and cxtension as bclow providcJ, subjcct to and upon the following tcrms, conditions,
covenants nnd promises hereby accepred and ngrccd to by the partics:
I. Thc partics ugrcc that as of thc cf(cctivc date of this agrccmcnt dcscribcd in paragrapU tcn
(10) hereof, the Town shall no longcr bc a party to thc July 1973 Liccncc Agreemcnt with
thc resuits timt no furlhcr consult or consent of lhc Authariry is thcrcaRcr rcquircd with
respect to the July 1973 Agrecment and dial the Autlmriry is therc��fier relecscd of, from
and against any and any furthcr obligations or liability to Hydro and thc Town in that
regard.
2. The Licence Agreements are cach hereby amcnded by incorporating thc covcnants, tcrnis
anJ conditions containcd in paragraphs two (2) lo seven (7) inclusivc and paragraph twcivc
(12) of this agreemcnt of this agrecment, and any refcrence U�crcin or licrcin to:
(n) "Thc Hydro-Gtcctrlc Powcr Commission of Ontnrio" or thc "Commission" in
the Licence Agreements shall mean Hydro.
(b) "Laws" mcans all statutes, laws, by-laws, requircments, dircctions, orders,
ordinances, rulcs, regulations and ordinances of any fcderai, provincial, municipal,
58
regulatory or other competont aulharlty, agency, gnvcrnment or othcr baly or
entity having jurlsdlction in respect of all or uny part of the Licencc Lunds or any
use thcrcof or properry, improvement, nctivities or wnduct thercon by thc'Pown,
its workers, agants, contractors, permittces or members af the public and including
without limitation, the rules und regulutions of the Atomic Energy Control Baard,
the Ministry of thc Environment, the Canadian Standards Association 5tandard
C.22,3 as wnended, the Occupationnl Health and Safety Act, R.5.0. 1990 as
nmended and nll rules or regulations passed thcreunder or similar safcry protection
codes.
(c) "Licence Lauds" means all or any part of thc lands and premises comprising the
Licence Agreen:enu and includcs any land or part therein describcd or re(crrcd to
as the "prcmiscs" or thc "said lands" or the "land".
(d) "OperntIonal Requfremeats of the Stntion" means any instructions,
specifications, restrictions, rules, guidelines, rcgulations, uscs, requiremcnts or
orders affecting or relating to all or any part of the Licence Lands or activities
thereon (including the location and posting of signs,• the sufficiency of signagc
content or identification, die usc of hcavy equipment during any construction,
installation, maintenence, repair, replacement or public event) as Hydro, by its
workers, agents or contractors, udvises from timc to timc is neccssary or desirablc
in connection with all or any part of the Station, Hydro's aJjacent lands or the
purposes or business of Hydro from timc to time. Without limiting thc gencraliry
of lhc forcgoing, the foregoing includes vcgctation maintcnancc, any Design
Stnndards of Nydro's transmissian and distribution or othcr projcct division from
time ro tima, any 'Safcry Rulcs nnd Standnrds Protcction Codc' of Ilydro as
amended, ;:ny construction, instaliation, posting of signs, signage, sign content
und identification, inspcction, maintenance, rcpair, rcplaccment, policing, sccuriry,
demolition or removal of any building, structure, installation, signs, posts, gates,
fences, apparatus, appliance, machincry, plant, cquipmcnt, vchicle, wire, line,
facility or other work.
(c) "Stntlon" means all or any parl of thc Pickcring Nudcar Powcr Dcvclopmcnl Sitc
includir.g rclated busincss operalions and activitics from timc to timc.
(� "Torm" means Thc Corporation of Thc Tmvn of Pickering, and includes any
refcrencc in lhe Licencc Agrecments to T. Corporation Of The Townsl�ip Of
Pickuring ar Pickcring or thc Aulhoriry.
3. Tha Town covenants und agrecs with liydru, lows:
(a) the Town shall bc . oie at .;pense for maintaining and repairing the
Licence Lands und all pi -ry thc and for operating and causing all activities,
of or by the Town or its ,...::tee members of the public, in compliance witli
t
� , 4 !i9
all Laws and Operetional Requiremenw of t�e Stetion, and to leave the Licence
Lunds tn good condition end repair to thc satisfaction of Hydro, Hyd�o may from
time ta timo give thc Town notice in writing of any maintcnancc or repairs and
Operationnl Requirements of the SWtian and thc Town wili makc or comply with
tha same at its expenso according to such noticc.
(b) the Operntional Requirements of the Station shali take preccdencc ovcr any
permisston granted by the Licence Agrecments und Hydro has thc right at all times,
to enter on, restrict, reduce, interrupt, suspend or discontinue thc use of thc Liccncc
Lands or such parts nnd activities thereon by the Town or its permittees or mem6crs
of the pubiic and for such perioJs of time und upon such other terms and conditions
us Hydro advises is necessary or desirable so that such Liccnce Lands, parts, uscs
or activities conform with all Laws and Operational Rcquirements of the Station.
(d) not to interfere in any way with or cause any changc or damagc to or allow any
interference or change or damage by its workcrs, agents, contractars, permittc:s or
members of the public to the Station or any equipment, facilities or works of Hydro
now or hereinafter in, on or about the Licence Lands or adjacent lands of Hydro �,r
uny part.
(c) to ensure Ihat Q�e height of any permitted vchide, buildings or structure, machinery
load equipmcnt, materials, supolies or other objcct, inciuding attachments or peoplc
standing thereon or nea� any conductors of Hydro will not excecd 4.I15m (13.5')
above thu cAi,ting grade and that adcquatc cicarancc shall bc maintaincJ at all times
betwecn any conductors and any vehicles, loads or other objects as specified in the
Occupationai Hcalth and Safety Act, as amcndcd and relcvant Operational
Requirements of thc Station Gom time to limc.
(� not to bring, cause or allow to be hrought or rcmain in or upon tlie Licence Lands
any activitics, uscs, mattcrs or s�bstanccs of u livardous, offcnsivc or toxic naturc
and to not cause or permit any miisancc (public or privatc) or damage in, on or to
tlie Licence Lands or ad;acent lands of }Iydro. 14ticrc, in thc opinion of Hydro, n
nuisance or damagc exists and Hydro rcquires the Town to do so, the Town will
for.hwith abatc lhe nuisance or damage anJ cican up the Licenec Lands, The Town
shali pay for thc cos�s of all remcdial action considcrcd ncccssary by Hydro to nbate
any haznrd, nuisance, or offcnsive activiry that the Town has failed to rcctify or any
damage or adverse impact to the Licence Lands or adjacent lands of Hydro arising
from or attributnble to activities, use or conduct of U�e Town or its permittees or
membcrs of the public.
(g) to clear and keep clear . II roadways or pathways on thc Licence Lands so that the
svne are always safe and sufficicntly passable by Hydro's workcrs, agcnts,
contraclors and permittees with their requisitc vchicles, supplics and equipment.
, . .
,:�J�, 60 5
', �
;�
(h) to not promote, causc, conduct or allow and to pruhiblt and take all ateps neccssary
to temove any nctivities (incluJing kile tlyin�; and moJcl airplanc Ilying) or
' equipment or vchicles on the Licenco LnnJs or any part which, in the opinion of
Hydro, might lnterfere with the safe or e(ficient operation of th� Station or its
works, or 6e hauudous, dangcrous, offensivc, annoying or toxic and shall post
signs in suitabla locadons on the L(cence Lands ro Hydro's satisfaction stating that
these activities, equipment, ��ehicles and substnnces are prohibited,
(i) the existing liabiliry and indemnity obligations of thc Town as contained in thc
Licence Agreemeuts include nnd tl�e Town hereby assumes all liability ar obligation
for any losses, damages or injuries (including death) to all property or persons
attributabie to any usc, occupalion, or othcr act or omission wiU� respcct to thc
Licence Lands or Hydro's adjacent lands or any par:, whether authorized ur
unauthorized, by members of the public.
Q) The Town shall indemnify and save harmless Hydro from and against all liabilitics,
fines, suites, demands, claims, actions and costs of any nature and kind (or which
Hydro shall or may become liable or suffcr by reason of thc brcach or failure of
performancc by the Town of any covenant or provision in the Licencc Agrcements
or herein.
A. The Town shalt maintain adequate public liability insurance in an amount not Icss Uian Five
Million ($5,000,000.00) Dollars anJ in n policy satisfactory to Hydro in ordcr to indemnify
Hydro as provided for herein and in the Licence Agrcemen4s and this policy shall namc
1{ydro us an additional named insured. A certifieJ copy of such policy or a satisfactory
certificate in lieu thercof shall 6e given to Hydro for approval on or bcfore thc rcnewal of
ide Liccncc Agreements and othcrwisc upon rcqucst.
5. Thc Town acknowicdgcs and agrccs that llydro shall in its discrution at ail timcs and from
time to time have the right without notice to the Town and without compensati�n, condition
or restriction (including without approval as to fonn, content, hcight, ;ocation or
su(ficiency), to enter upon, construct, install, post, erect, maintain, repair, replace,
reconstruct, and relocatc in or on thc Liccncc Lands or any part, :h signs, signagc,
nttachmcnts, fixwres, improvcmcnts, information booUis, informai i or idcntification
notices, symbols anc lated facilities, equipr^° ;t, apparaws, equipment or worfa, as
Hydro determines nec. y or dcsirablc far i �poses so long as they do not, in Iiydro's
opinion, interferc uiu ,hiy with the �scs of the Licencc Agrecmcnts or tUe
Licence Agreement in �
6. The Licence Agreement�. 1 rights a :ences thereby grantcd with regard to the
Licence Lands may be car .,, in whole part, as follows:
�61
(a) by Hydro if it udvises thc Town in writing at any time that thc Licence Lands or
any part dcscribcd in such nodcc is rcquirect or desired for its purposcs, upon thc
giving of sixty (60) days prior noticc lo the Town;
(b) by Hydro if it advises the Town in writing at any time that it wishcs to sell,
davelop, rcdevclop, lease or otherwisa dispose ef the Licancc Lands or any part
thereof described in such notice, in which casc the Licence Agrecmcnts or thc
Licencc Agreement or ihe respective part of thc Licencc Lands describcd ?n such
notice shall be automatically revoked upon tbe thirtieth consecutive day (including
holidays) following furiher notice in writing from Hydro to the Town that 1{ydm
has signed nn agrcement to sell, dcvelop, reclevclop, Icasc or othcrwisc disposc of
tlie Licence Lands or such part;
(c) by Hydro if there is an unrectified defautt of the Town as described bclow in
paragraph 6(c) uf this agreement.
The parties agree that thcsc righw are in addition and without prcjudice to cxisting rights
of termination in the Licence Agrcements.
7. If any of Uie following events occur in respect of Il�c whole or any part of the Licence
Agreemcnts or Licencc Lands:
(a) iF any amount due by thc Town is no� paid when due and tlic Town fails to rcctify
such default to thc satisfaction of Elydro within (l5) d�ys noticc from Hydro;
(b) if the Town is in default undcr any other obligation on its part containcd in the
Licence Agrecmcnts as hcreby amcnd��f and fails to rcctify such dcfault to thc
satisfaction of Hydro within thirty (30) days noticc (unlcss such othcr shortcr
period shall be proviJed in the case of an emcrgcncy);
(c) re�entry is permitted in the Licence Agrccments;
then, Hydro may at i�s option:
(i) rcquire the Town to suspcnd, halt or canccl its activitics or use of thc wholc
or part of thc Liccnce Lands in qucstion, for such rcasonablc periods of
timc as Hydro may requirc;
(ii) re-enter upon and rectify the whoie or part of tiie Licencc Lands in question
to the satisfaction of Hydro and cxpel all persous and removc all properry
therefrom as Hydro considers advisable at the cost of thc Town;
(iii) terminate the Licence Agreements or Licence Agreement in qucstion,
without further notice or resort to legal process. If the Licence Agrcements
or any Licence Agrcement is tcrminated or expires without a properly
„a�,; ��
9
signed renewal and extensfon thereof by Hydro and thc Town, the Town
shull perform nn cnvironmental sitc asscssment of the Liccncc lands in
qucstion nnd providc a copy of such rcport to }lydro wilhin thirry days of
such terminatlon or expiration. Thc Town covcnants and agrces at its
expense that, r.otwithstanding termination or expiration of such Licencc
Agrecments or Uccnec Agrcement, the Town will remcJy aIi advcrsc
enviranmental conditions reveaied by such assessment to ti�e satisfaction of
Hydro.
(iv) on notica to the Town, require thc Town to remove any or ail property
from the Licence Lands or part in question and restore the same to a good
condition satisfactory to Hydro. If thc Town fails to comply with such
notice, then at the sole option of ilydro, ali properry in or on the Licencc
Lands or part in qucstion shall become the ownership of Hydro who shall
be entitled to take such action as it considcrs appropriate to usc or dispose
of the same and to restore thc Licence Lands or part in question to a
condition satisfactory to Hydro.
8. The Town and Hydro agree that the luly 1973 Licence Agreement as hercby amcndcd or
supplemented (hereinafter collectivcly called the "July 1973 Liccncc Agrecmcnt”) is
hereby extended and renewed and shall continuc in fuli forcc and cffcct (or a furthcr term
of ten (l0) years computed from ]une 30, 1998 and expiring hlay 31, 2008 and that tliey
will perform and obscrvc thcir respcctivc covcnants, provisos and canditions thcrcin as
fuliy ns if such covenants, provisions and conditions had been hercin repcated in full.
9. The Town and Hydro agree that thc August 1973 Liccnce Agrcemcnt as hcreby amcndcd
(hereinaRer collectively called the "August 1973 Licence Agrecment") is hereby extended
nnd renewed ar�d shall continuc in full forcc and etfcct for a(urd;cr term of ten (10) years
and two (2) monq�s computcd from April 1, 1998 and cxpiring M�y 31, 2008 :md that thcy
will perform and obscrvc their respcctive covcnants, provisos and conditions thcrcin as
fully as if such covenants, provisions and conditions had bccn hcrcin rcpcatcd in NII.
10. The Town and Flydro agrec that thc 1978 Liccncc Agrccmcnt as arc hcrcby amendcd
(hereinafter collcetively callcd thc "1978 Liccncc Agrccment") is hercby extended and
renewed and shall continuc in (ull forcc and cffcct for a furlhcr tcrm of lcn (lU) ycars
camputed from June 30, 1998 and expiring May 31, 2008 anJ that thcy will pertorm and
observe tlieir respective covenants, obligations, provisos nnd conditions thercin as fully as
if such covenants, provisions and conditions had bcen herein repcated in full.
11. The effeclive date of this agreement shall be the datc of its signing by the last signatory; if
this does not occur on or bcfore Decembcr 31", 1998 and therc is no extension or writtcn
agreement to the contrary, this agrecment shail bc void.
12. Any dcmand, notice or otl�er communication to be given in conncction witli thc Liccnce
Agrcemcnts or this agrcement this shall be givcn in writing and may be givcn by personal
. a F3'
or couriar deltvery, or by fncsimilc trnnsmission with such party delivcring thc original
with thc necessary signacures and initials within fony-cight (48) hours of transmission, as
follows; �
To: The Cocporntion of the Town of Pickcring,
Pickering Civic Complex,
1 The Esplanade,
Pickering, Ontario
L1V 6K7
Attention: Director of I'arks
Telephone: (905) 420-2222
Facsimile: (905) 420-0515
To: Onmrio Hydro
' 700 Universiry Avenue,
Genco Services, Suite LCO10,
Toronto, Ontario
MSG 1X6
Attention: Director, Corporatc Real Estate
Phone: (416) 266-0635
Facsimile: (416) 266-3465
To: The Metropolitan Toronto And Rcgion Consetvation Authority
c/o Gardiner, Robcrts,
Dnrristcrs & Solicitors,
40 King Strcet West,
Suite N3100, Scotia Bank Plaza
Toronto, Ontario MSH 3Y2
Phonc No,: (4l6) 865-G600
�ax No.: (416) 865-GG3G,
or to such other address, facsimilc numbcr or individual as may bc designated by noticc
given by cithcr party to thc othcr. Any dcmanJ, noticc or otl�cr communication sliall bc
conclusivcly deemed to have been givcn when actually reccived by the addressec.
13. This agrecment shall bencfit and bind the partics bclow and thcir respectivc hcirs,
executors, successors, administrators and assigns.
IN WITNFSS WHEREOF the parties have caused lhe samc to bc executed by thc signaturc
of their propet officer(s) duly authorized in that behalf.
> • . �
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�
SIGNED, SEALED AND D�LIVC[t�D ) T1IC CORPORATION Or TI1C TOWN
In lha presepcc of ) Or PICI�RING
)
) per;
) Title: Mayor
)
� ) per:
) Title: Cierk
) (We havc nuthoriry to bind thc Corporation)
SIGNED, SEALED AND DELIVERED )
In the presencc of )
)
)
���<<��- t �
ONTARIO IIYDRO
) Per: Robert J. Strickert
) Tidc: Silc Vice Presidcnt, Pickcring
) (I have authority to bind U�e Corporation)
.i .,- '
�
� - �-�_ ��.-
) PccYD.A. GriB6 �
) �tic: Rcal lislatc ::onsulNan�
) (1 havc authoriry to bind ti�c Corparation)
SIGNED, SEALED AND DELIVGRED ;
In l6e prescacc oF ,
'1'IiG MCTROPOLITAN TORONTO
AND RCGION CONVGRSATION
AUTHORITY
Pcr:
Tidc: Chairman
per.
TiQe: Secretary Treasurcr
(Wc havc authority to bind thc Corporation)
�