HomeMy WebLinkAboutBy-law 4751/96 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 4751/96
Being a by-law to authorize the execution of a Licence
Agreement between the Town and the Toronto Area
Transit Operating Authority (Go Transi0 for the purpose
of constructing and maintaining a walkway on a portion
of lands owned by the Town.
WHEREAS the Toronto Area Transit Operating Authority (Go Transit) is the owner of those parts of
Lot 21, Concession 1, Pickering, designated as Parts 1 and 2, Plan 40R-5909 in the Town of Pickering
in the Regional Municipality of Durham; and
WHEREAS the Town is the owner of that part of Lot 21, Concession 1, Pickering, designated as Part 1,
Plan 40R-519 and has agreed to give the Toronto Area Transit Operating Authority (Go Transit) a right
to enter upon and use a portion thereof for certain purposes.
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 Toronto Area Transit Operating Authority (Go Transit) and
The Corporation of the Town of Pickering, for the purpose of constructing and maintaining a
walkway on a portion of lands owned by the Town
BY-LAW read a first, second and third time and finally passed this 18th day of March, 1996.
Wayne Arthurs, Mayor
~'l~ruce Taylor, Clerk
TOWN OF
PICKE~!NG
LEGAL DEPT.
File:V9603
Schedule A
THIS LICENCE AGREEMENT made this 18th day of March, 1996,
BETWEEN:
TORONTO AREA TRANSIT OPERATING AUTHORITY
hereinafter called the "Licensee"
OF THE FIRST PART,
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Licensor"
OF THE SECOND PART.
WHEREAS the Licensee is the owner of those parts of Lot 21, Concession 1, Pickering, designated as Parts 1
and 2, Plan 40R-5909, in the Town of Pickering in the Regional Municipality of Durham; and
WHEREAS the Licensor is the owner of that part of Lot 21, Concession 1, Pickering, designated as Part 1, Plan
40R-519 and has agreed to give the Licensee a right to enter upon and use a portion thereof for certain purposes.
NOW THEREFORE THIS AGREEMENT WITNESSETH, that in consideration of the sum of ONE ($1.00)
DOLLAR now paid by the Licensee to the Licensor, the receipt and sufficiency whereof is hereby
acknowledged, the parties hereto hereby agree as follows:
1. The Town hereby grants a licence to the Owner to occupy that part of the Town's lands known as that
part of Lot 21, Concession 1, Pickering, designated as Part 1, Plan 40R-519 (herein called the "Lands"),
for the purpose of using a portion of those Lands as a pedestrian walkway to gain access to the GO
Transit lands.
2. (1) The Licence hereby granted,
(a) shall not transfer any possessory or leasehold interest in the Lands to the Licensee;
(b) shall be effective twenty-four hours per day, every day of every year during the term of
the Licence; and
(c) shall not preclude or prevent the Town or any public utility authority from using the
Lands for utility or any other purposes.
(2) For the purposes of clause (c) of subsection (1) the Licensee shall ensure that continuous access
is available on, along and across the Lands at all times.
3. (1) Prior to the commencement of any works to be performed on the Lands, the Licensee shall
advise the Licensor and obtain the written approval of the Licensor's Director of Public Works
thereto.
(2) The Licensee shall comply with any requirement made by the Director in the process of
approving the works.
(3) The Licensee shall be solely responsible for the full cost of the installation, replacement,
reconstruction and operation of any retaining walls, walkways, earthworks or landscaping on, in,
under and through the Lands and for any repair and reconstruction of the Lands as public
highway that may be required by the Director as a result of the presence on, in, under and
through the Lands of the Licensee's retaining walls, walkways, earthworks, or landscaping or the
installation, inspection, alteration, repair, replacement, reconstruction or operation thereof.
(4) If the Licensee fails to maintain the retaining walls, walkways, earthworks or landscaping or the
Lands to the Licensor's satisfaction, then the Licensor may enter upon the Lands for such purpose
and any costs incurred by the Licensor by reason of so doing shall be paid to it by the Licensee
within thirty days of receipt by the Licensee of the Licensor's invoice therefor.
4. (1) The Licensee shall pay any taxes or other similar charges that may be levied on or after the date
hereof against the Lands.
(2) The Licensee shall indemnify and save harmless the Licensor of and from all manner of claims,
damages, losses, costs or charges whatsoever occasioned to or suffered by or imposed upon the
Licensor or the Lands, either directly or indirectly, in respect of any matter or thing in
consequence of or in connection with or arising from the Licensee's maintenance or use of the
Lands or from any operation connected therewith or in respect of any accident, damage or injury
to any person, animal or thing by, from or on account of the same.
(3) (a) During the term hereof, the Licensee shall maintain a Liability Insurance Policy in form
satisfactory to the Licensor, showing the Licensor as a named insured, indemnifying the
Licensor from any loss arising from or claims for damages, injury or otherwise in
connection with or arising from the Licensee's maintenance or use of the Lands or from
any operation connected therewith or in respect of any accident, damage or injury to any
person, animal or thing by, from or on account of same.
(b) The minimum amount of the Policy shall be $1,000,000.
(c) In the event any renewal premium is not paid, the Licensor, in order to prevent the lapse
of the Liability Insurance Policy, may pay the renewal premium or premiums and the
Licensee shall pay the cost of such renewal or renewals within thirty days of the account
therefor being rendered by the Licensor.
(d) The Licensee shall notify the Licensor of the dates for the renewal of the premium of the
policy and to supply proof that the premium of the policy has been paid in order that the
protection provided by the Liability Insurance Policy shall not lapse.
5. (1) The term of this Licence shall commence on March 18, 1996 and shall expire when,
(a) the Licensee ceases to be the owner of those parts of Lot 21, Concession 1, Pickering,
designated as Parts I and 2, Plan 40R-5909; or
(b) March 18, 2006,
whichever last occurs, unless the Licence is earlier revoked, terminated or surrendered pursuant
to the provisions of subsection (2).
(2) The Licence hereby granted may be,
(a) revoked by the Licensor upon three month's written notice to the Licensee;
(b) terminated at any time upon the written agreement of the Parties; and
(c) surrendered by the Licensee upon sixty day's written notice to the Licensor.
(3) Notwithstanding the provisions of subsections (1) and (2), the Licensor may temporarily suspend
the Licence, upon two days notice to the Licensee, for the period of construction, in the event
that the Licensor or a public utility authority wishes to install, inspect, repair or maintain a
service on, in or under the Lands.
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(4) In the event the Licence is suspended pursuant to the provisions of subsection (2), the operation
of all terms and conditions of this Agreement, except sections 4, 6, and 7, shall also be suspended
for the same period of time.
6. (1) Any notice, document or other communication required or permitted to be given hereunder shall
be in writing and shall be sufficiently given if sent by prepaid registered mail or delivered,
(a) in the case of the Licensee, to 20 Bay Street, Suite 600, Toronto, Ontario M5J 2W3;
(b) in the case of the Licensor, to the Town Clerk, at One The Esplanade, Picketing, Ontario,
L1V 6K7.
(2) The Licensor may redesignate the person to whom and each address at which such notice,
document or other communication shall be given by giving written notice to the other.
(3) Any such notice, document or other communication shall be deemed to have been given,
(a) if mailed by prepaid registered mail, on the third business day following the date of
mailing, and
(b) if delivered, on the day of delivery.
7. (1) This Agreement and everything herein contained shall extend to, bind and enure to the benefit of
the Parties hereto, their successors and assigns.
(2) This Agreement is not assignable.
IN WITNESS WHEREOF the Licensor has hereunto affixed its corporate seal, duly attested by its proper
authorized officers, and the Licensee has hereunto affixed their hands and seal.
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
TORONTO AREA TRANSIT OPERATING AUTHORITY
File: V9603
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