HomeMy WebLinkAboutOES 58-02
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Report Number: OES 58-02
Date: December 9, 2002
Citlf o~
REPORT TO THE
Council
From:
Everett Buntsma
Director, Operations & Emergency Services
Subject:
Hydro One Networks Inc.
Licence to Park Vehicles (Don Beer Parking Lot)
File: CR 1000
Recommendation:
1. That a By-law be enacted to authorize the execution of a renewal for expired
Licence Agreement (to park vehicles on the lands located on Part of Lots 19 and 20,
Concession, B.F., Range 3, City of Pickering), these lands are owned by Hydro One
Networks Inc. (HONI). The renewal term is effective February 29, 2000 until
December 1, 2002 for the first term then from December 1, 2002 expiring December
1, 2007 for the second term; and
2. That the appropriate officials of the City of Pickering be given authority to give effect
thereto
Executive Summary:
Not Applicable
Financial Implications:
$4,810 per year until expiry date of December 21, 2007
Background: The Corporation of the City of Pickering and Hydro One Networks
Inc. (HONI) have mutually agreed to an extension of the term of the Licence Agreement
for use of the above noted property as a parking lot at Don Beer Sports Arena.
The terms and conditions of the Licence Agreement copy attached (Schedule "A") shall,
unless specifically modified or amended herein, continue to remain in full force and
effect and unamended during the Renewal Term and the Second Renewal Term.
There is some urgency regarding this item as HONI have been directed by the Province
to initiate and finalize administrative matters of all such licences by the end of 2002.
Approval of the recommendations will freeze all net costs for 5 years.
Report OES 58-02
Date: December 9,2002
Subject: Hydro One Networks Inc.
-Licence to Park Vehicles (Don Beer Parking Lot)
39
Page 2
Attachments:
1.
2.
3.
4.
Schedule "A"
Letter of Agreement from Hydro One Networks Inc. (Schedule "B")
Location Map
By-law
ett u a
Director, Operations & Emergency Services
EB:mld
Attachments
Copy: Chief Administrative Officer
Recommended for the consideration of
Pickering City C il
~
ATTACHMENT # L- TO REPORT # DE.s -')6 -0 :L
SCHEDULE" A"
40
1. The Licensee shall at its own expense erect and.maintain ba rriers to protect all present and any future
works of the Licensor on the land according to specifications of the Licensor.
2. The construction or siting of any building and structures, and any grading and the planting of trees,
must first receive the approval of the Licensor.
3. The Licensee shall, at its own expense, grade and resurface the land and provide suitable drainage,
and designate areas within the land for parking of vehicles and for use as driveways and for entrances and
exists, all at its own expense, in order to properly maintain and operate the land forthe purpose of parking
motor vehicles.
4. The Licensee shall pay the amount of any additional taxes, rates, and assessments, or grants in lieu
thereof that may be charged or levied against the Licensor by reason of the Licensee's use of the land for
the parking of motor vehicles.
5. This Licence may be terminated by either party hereto at anytime after the expiration of the initial term
hereof upon six months' notice in writing.
6. All persons and property at any time on the land shall be at the sole risk of the Licensee, and the
Licensor shall not be liable for any loss, damage, or injury (including loss of life) to them or it however
occurring, unless caused or contributed to by the neglect or default of the Lìcens or.
7. The Licensee shall assume all liability and obligation for any and all loss, damage, or injury (including
death) to persons or property that would not have happened but for this Licence or anything done or
maintained by the Licensee thereunder or intended so to be and the Licensee shall at all times indemnify
and save harmless the Licensor from and against all such loss, damage, or injury and all actions, suits,
proceedings, costs, charges, damages, expenses, claims, or demands arising therefrom or connected
therewith; provided that the Licensee shall not be liable to the extent to which such loss, damage, or injury
is caused or contributed to by the neglect or default of the Licensor. .
8. The Licensee shall at its own expense, arrange and maintain sufficient liability insurance in order to
indemnify the Licensor as provided for in paragraphs 6 and 7 of this Licence.
9. The Licensee shall maintain the said lands and any ofthe Licensee's installations thereon in a neat and
tidy condition satisfactory to the Licensor. In the event the Licensor considers it necessary that any part or
parts of the perimeter of the said lands or any of the Licensee's installations thereon be fenced it shall be
done at the expense of the Licensee.
10. The Licensee shall not interfere in any way with orcause any damage to any works of the Licensor now
existing or hereinafter constructed on the said lands, and without limiting the generality of the foregoing,
the Licensee shall ensure that the height of any vehicle, load or other object, including attachments, or
people standing thereon near the Licensor's conductors will not exceed thirteen and one-half (131/2') feet
above the existing grade.
11. The Licensee shall comply with the Design Standards of the Licensor, Canada Standards Association
Standard C-22.3, the 'Safety Rules and Standard Protection Code' of the Licensor, the Construction Safety
Act, R.S.O. 1973 and any amendments thereto and any regulations passed thereunder when using heavy
equipment during any construction or maintenance.
12. The Licensor may at anytime upon reasonable notice or incase of emergency without any notice enter
on the land and inspect, maintain, repair and remove any of its works located thereon and may construct,
inspect, maintain, repair and remove any new works on the land subject to an adjustment in rent for any
disturbance to the Licensee's use of the said land for the purpose set out herein.
13. This licence and the rights granted hereby shall be subjectto all leases, licences, or any rights of use or
occupation existing at the date hereof, and the Licensor may from time to time renew or extend them or
make new ones so long as they do not interfere unreasonably with the rights granted hereby.
14. This Licence and all rights granted hereby shall not be assigned by the Licensee and it shall be and
remain the responsibility and obligation ofthe Licensee to enforce adherence to the terms and conditions
herein contained.
15. If in the opinion ofthe Licensor the Licensee does anything or permits anything to be done on the said
lands which may be a nuisance or cause damage. the Licensor shall notify the Licensee of such activity and
the Licensee shall have thirty (30) days in which to remedy such nuisance and failing so to do the Licensor
may terminate the licence forthwith in whole or in part.
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 said lands and restore the said lands to a condition satisfactory
to the Licensor.
17. The Licensee shall pay to the Licensor in addition to any other monies payable hereunder during the
term of this Licence or any extension thereof an amount equal to one-half (1/2) of the annual taxes or grant
in lieu thereof assessed or levied against the said land.
18. The Li~8D.ee .hall have the r1¡ht to renew thl. Ll~en~e at it. expiration
for a further te~ of five (5) year. upon the .... te~ aDd ~ond1tlou. .ave a.
to the rental which ahall be dete~1ned at the COIIIDIIDC8ID8nt thereof 8Dd .ave a.
~Ito the r1&ht of any further reuwal.
now 5-75
Hydro One Networks Inc.
Real Estate Services
483 Bay Street
12th floor, North Tower
Toronto, ON M5G 2P5
www.HydroOne.com
.§.çJ:1~_d L! ~...ê.
ATTACHMENT#..2_.~- 1'0 REPORT#óes- s;gGo::::L
41
hydro<:S-
one
Toll-Free: 1-888-231-6657
The Corporation of the City of Pickering
Operations and Emergency Services Department
Pickering Civic Complex
One The Esplanade
Pickering, Ontario
LlV 6K7
December 4, 2002
File: Pickering 632.1-504
Attention: Mr. Everett Buntsma, N.P.D., C.M.M.
RE:
HYDRO ONE NETWORKS me. LICENCE TO PARK VEHICLES
P ART OF LOTS 19 AND 20, CONCESSION B. F., RANGE 3, CITY OF PICKERING
We are writing with respect to the licence between Ontario Hydro and The Corporation of the City of Pickering dated June 6,
1990, with respect to the property noted above, and amended via letter agreement on December 12, 1996 (the "Licence").
Ontario Hydro's interest as licensor in the Licence was transferred to Hydro One Networks Inc. ("HONI") by or pursuant to a
transfer order under the Electricity Act, 1998, which transfer has taken effect.
This letter serves to confirm our mutual agreement to extend the original term of the Licence effective ITom February 29,2000
(the "Renewal Date") until December 1,2002 (the "Renewal Tenn") and the parties have further agreed to an extension of the
term of the Licence effective ITom December 1, 2002 until December 1,2007 (the "Second Renewal Tenn"). All other telIDS
and conditions of the Licence shall, unless specifically modified or amended herein, continue to remain in full force and effect and
unamended during the Renewal Tenn and the Second Renewal Tenn.
Please confmn your agreement to the foregoing by signing and returning to us one fully executed original copy of this letter.
'\
I have authority to bind the corporation.
The undersigned agrees to the above as ofthe date set forth above:
THE CORPORATION OF THE CITY OF PICKERING
Per:
Name:
Title:
Per:
Name:
Title:
Well have authority to bind the corporation.
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DECEMBER 10/2002
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ATTACHMENT FOR REPORT
DON BEER ARENA
PARKING LICENCE
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THE CORPORATION OF THE CITY OF PICKERING
43
BY-LAW NO.
Being a by-law to authorize the execution of a
renewal for a Licence Agreement between
Corporation of The City of Pickering and
Hydro One Networks Inc.
WHEREAS, The Corporation of the City of Pickering is the owner of the Don Beer
Arena; and
WHEREAS, Hydro One Networks Inc. (HONI) are the owners of the lands located on
Part of Lots 19 and 20, Concession, BF. Range 3, (City of Pickering), of which the City
of Pickering requires the use of these lands for parking purposes at the Don Beer
Arena; and
WHEREAS, pursuant to the provisions of paragraph 207 (58) and 191 of the Municipal
Act, RS.O. 1990, chapter M.45, as amended, the Council of the Corporation of the City
of Pickering may pass by-laws for maintaining, operating and managing community
recreation centers and arenas.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
1.
The Mayor and Clerk are hereby authorized to execute a Licence Agreement, in
the form attached as Schedule B between the Corporation of the City of
Pickering and Hydro One Networks Inc. (HONI) for the continued used of the
said lands for the purpose of using as a parking lot.
BY-LAW read a first, second and third time and finally passed this 16th day of
December, 2002.
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
THE CORPORATION OF THE CITY OF PICKERING
44
BY-LAW NO. 6077/02
Being a by-law to authorize the execution of a
renewal for a Licence Agreement between
Corporation of The City of Pickering and
Hydro One Networks Inc.
WHEREAS, The Corporation of the City of Pickering is the owner of the Don Beer
Arena; and
WHEREAS, Hydro One Networks Inc. (HONI) are the owners of the lands located on
Part of lots 19 and 20, Concession, BF. Range 3, (City of Pickering), of which the City
of Pickering requires the use of these lands for parking purposes at the Don Beer
Arena; and
WHEREAS, pursuant to the provisions of paragraph 207 (58) and 191 of the Municipal
Act, RS.O. 1990, chapter MA5, as amended, the Council of the Corporation of the City
of Pickering may pass by-laws for maintaining, operating and managing community
recreation centers and arenas.
NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOllOWS:
1.
The Mayor and Clerk are hereby authorized to execute a Licence Agreement, in
the fonn attached as Schedule B between the Corporation of the City of
Pickering and Hydro One Networks Inc. (HONI) for the continued used of the
said lands for the purpose of using as a parking lot.
BY-LAW read a first, second and third time and finally passed this 16th day of
December, 2002.
Wayne Arthurs, Mayor
Bruce Taylor, Clerk