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HomeMy WebLinkAboutBy-law 4861/96 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 4861/96 Being a by-law to authorize the execution of a Licence Agreement for the period of May 15, 1996 to May 15, 2006 between Ontario Hydro and The Corporation of the Town of Picketing respecting Part Lot 20, Range 3, B.F.C, Picketing for park purposes ~Kinsrnen Park Softball Fields). 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 Pickering deems it desirable to enter into a Licence Agreement, for the period May 15, 1996 to May 15, 2006 with Ontario Hydro respecting the leasing of a portion of Ontario Hydro corridor lands for park purposes in Part Lot 20, 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 May 15, 1996 to May 15, 2006, respecting Part Lot 20, Range 3, B.F.C., Pickering between Ontario Hydro and The Corporation of the Town of Pickering for park purposes (Kinsmen Park Softball Fields). BY-LAW read a first, second and third time and finally passed this 21st day of October, 1996. '~ayne Arthurs, May~rr -- T,~.' ~ /,. er R5201 ONTARIO IIYDRO 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 the lands shown on the sketch attached hereto, (the said lands being hereinafter referred to as the "land" ~ and being described as: Part of Lot 20, Range 3, BFC in the Town of Pickering, in Regional Municipality of Durham shown edged in red on the attached skelch. for recreational purposes only, for a term of Ten years commencing on the 15th day of May 1996 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. DATED this Day of September 1996 IN WITNESS WHEREOF the parties hereto have executed this Licence. The Corporation o? tile Town of Picketing MAYOR CLERK SCIIEDULE "A' TIlE 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 at all times are as follows: 1. For the permission granted hereby the Licensee shall pay to the Licensor the sum of ONE DOLLAR per annum in advance. 2. This Licence and the permission granted hereby may be revoked and cancelled in whole or in part and at the sole discretion of the Licensor if the land is required by the Licensor for its purposes upon giving to the Licensee six months notice in writing and in such event, the licensor shall pay to the Licensee as full compensation an amount equal to the capital cost &any improvements to the land made by the Licensee depreciated by the straight line method from the date of installation or,ach improvement to the end of the term as herein set out. 3. The Licensee may permit members &the public to use the land for the purposes set out in accordance with the terms hereof, but the Licensee shall not assign, transfer, sublease, part with possession or dispose of all or any part of the land or this Licence or any privileges or interest hereby granted to it without the written consent of the Licensor which may be unreasonably or arbitrarily withheld, failing which the Licensor shall be entitled to terminate this Licence immediately after the occurrence of such breach. 4. Ifthe Licensee should at any time fail to carry out any ofthe stipulations in this Licence to the satisfaction of the Licensor acting reasonably, the Licensor may mail to the Licensee written notice specifying the failure, and ifthe 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 0fthe 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 &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 ofthe 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 properly that happens as a result of or arises out &the use and occupation of the land by the Licensee or members of the public 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 under this paragraph to the extent to which such loss, damage, or injury is caused or contributed to by the neglect or default of the Licensor, its servants or agents. 7. The Licensee shall at its own expense, arrange and maintain a liability insurance policy satisfactory to the Licensor in order to indemnify the Licensor as provided for in paragraphs 5 and 6 &this Licence. A certified copy &such policy or s satisfactory certificate in lleu thereof shall be given to the Licensor for approval on or before the Licence commencement date. 8. The construction or siting of all buildings and structures, the installation &equipment and recreational facilities, and grading and the planting &trees, must all first receive the approval of the Licensor. 9. The Licensee shall comply with the Design Standards &the Transmission and Distribution Projects Division &the Licensor, Canada Standards Association Standard C~22.3, the 'Safety Rules and Standards Protection Code' of the Licensor, The Occupational Health and Safety Act, R.S.O. 1980 and any amendments thereto and any regulations passed thereunder when using heavy equipment during any construction or maintenance. 10. The Licensee shall not interfere in any way with or cause any change to any works of the Licensor now existing or hereinafter constructed on the land, and without limiting the generality of the foregoing, the Licensee shall ensure that height of any vehicle, load or other object, including attachments, or people standing thereon near the Licensor's conductors will not exceed 4. I 15 m (13.5') above the existing grade. I I. The Licensee shall prohibit kite flying and model aeroplane flying and any other 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 aeroplane flying and other activities are prohibited. 12. The Licensor and anyone acting pursuant to its authority may at any time upon twenty- four hours advance notice to the Licensee or at any time without notice in case of emergency enter on the land and inspect, maintain, repair, re-arrange, add to, replace, relocate and remove any of its works as defined in the Power Corporation Act, R.S.O. 1980, Ch. 384 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 liable for and is hereby released from all damages, losses, injuries, costs, charges, expenses, suits, proceedings, claims and demands arising in connection with carrying out the work aforesaid, including, 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. 13. The Licence shall be subject to all leases, licences, or any right 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 in the Licensor's opinion interfere unreasonably with the purpose of this Licence. 14. The Licensee shall maintain tile land and any ofthe Licensee's installations thereon in a neat and tidy condition satisfactory to the Licensor. 15. Since the Licensor is responsible for maintaining radiation safety based on the monitoring methods and measurements as prescribed by the Atomic Energy Control Board from time to time it reserves tile right to enter on the lands at all times to install, operate and maintain such monitoring equipment and any warning system connected therewith, and to control entry, require vacation of the land, and temporarily or permanently close the land to public use in case of emergency. 16. The limits of the land shall be posted by the Licensee to inform permittees of Picketing that the land is part of the Pickerlng Generating Station complex and as such subject to rules and orders of Station personnel. 17. Any signs to be erected by the Town of Pickerlng must have tile prior approval of Ontario Hydro. 18. It is further agreed by both parties that Ontario Hydro's Pickering Association of Recreation Clubs shall be entitled to submit a schedule for its use of the baseball facilities for each year of the License. Tile schedule shall be in the hands of the Parks and Recreation Department for the Town of Pickering no later than November 30, each year. It is also agreed that Ontario Hydro shall make the baseball facilities available no later that 6:35 p.m. each evening unless previously mentioned in the submitted schedule. 19. Parking for the baseball facilities must consist of the existing lot used for Kinsmen Park. 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