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HomeMy WebLinkAboutBy-law 1039/79TOWN PICKERI F G AP ROV D AS TO FO RM L A FlL Dr_ LE THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1039/79 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 The Municipal Act, R.S.O. provide that the Council of a by-laws providing for the use tion is the owner and for the protection of such lands; and of subsection 6 of section 336 1970, chapter 284, as amended, municipal corporation may pass of lands of which the corpora- regulation of such use and the 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, 1979 to September 15th, 1980; 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 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 4th day of September , 1979. SCHEDULE "A" To By-law #1039/79 LICENCE to occupy land dated this 4th day of September, 1979. 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 Muni- cipality of Durham and Province of Ontario, more particularly described in Schedule "A" attached hereto, for farming pur- poses only, YIELDING AND PAYING therefor unto the Licensor the sum of $135.00 per annum, payable as follows: (a) $35.00 on the 15th day of September, 1979; (b) $50.00 on the 15th day of August, 1980; and (c) $50.00 on the 15th day of September, 1980, provided that, (d) if this licence is cancelled or terminated prior to the 15th day of August, 1980, then the amounts otherwise payable on that date and on the 15th day of September, 1980, shall not be payable; and (e) if this licence is cancelled or terminated prior to the 15th day of September, 1980, and after the 14th day of August, 1980, then the amount otherwise payable on the 15th day of September, 1980, 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 - 9. 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, occa- sioned 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 terminate 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 termin- ation specified 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 un- paid 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 Licen- see hereby agrees that he shall make no claim of any nature whatsoever against the Licensor, or any succes- sor of the Licensor, for damages or compensation for crops lost as a result of such cancellation or term- ination. 9. This licence shall commence on the 15th day of September, 1979, 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, 1980. 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. 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 hereunto - 3 - set his hand and seal. SIGNED, SEALED and DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk in the presence of me 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. rrorH rr•JO CXO 0 H No J Y•H- M ?o w .a ro ti r- rt? oox 0 0 N W Z7 r• 0 91 a r H t1i z CT] 0 tzj H r 0 z tr e H x a c. H x 0 O 0 ro 0 ? roH H H n O xz ?0 M H O ca 0 H 0 ro `rt m m M rt .7 r J W