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HomeMy WebLinkAboutBy-law 2458/87THE CORPORATION OF %HE TOWN OF PICKERING BY-LAW NO. 2458 /87 Being a by-law to authorize the execution of a Licence Agreement between The Corporation of the Town of Picketing and the Regional Munic- ipality of Durham with respect to the use by the Region of a part of the Eyer Drive road allowance (Lookout Point Booster Pumping Station). WHEREAS The Corporation of the Town of Picketing is the owner of Eyer Drive; and WHEREAS the Regional Municipality of Durham has requested that it be allowed to install certain facilities in a part of the Town's lands for certain purposes; NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a Licence Agree- ment, in the form attached hereto as Schedule A, between The Corpo- ration of the Town of Picketing and the Regional Municipality of Durham respecting the use by the Region of part of Eyer Drive (Lookout Point Booster Pumping Station). BY-LAW read a first, second and third time and finally passed this 4th day of May, 1987. /5~6hn E. ~ndet~sbfl, Mayor z/~ UC Taylor, der/~f/ TOWN Of APPROVED THIS AGREEMENT MADE this 4th day of May, 1987. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING (hereinafter called the "Licensor") OF THE FIRST PART, - and - THE REGIONAL MUNICIPALITY OF DURHAM (hereinafter called the "Licensee") OF THE SECOND PART. WHEREAS the Licensee is the owner of the Lookout Point Booster Pumping Station, in the Town of Pickering in the Regional Municipality of Durham; and WHEREAS the Licensor is the owner of the road allowance known as Eyer Drive 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 pMd by the Licensee to the Licensor, the receipt and sufficiency whereof is hereby acknowledged, the Parties hereto hereby agree as follows: The Licensor hereby grants a licence to the Licensee to occupy that part of the Licensor's road allowance known as Eyer Drive occupied by and adjacent to the Licensee's booster pumping station, diagonally hatched on the sketch attached as Schedule A hereto, (herein called the "Lands"), for the purpose of maintain- ing the existing booster pumping station therein. (1) (2) 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 Licensor from using the Lands for sidewalk and boulevard purposes. 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 time s. (1) (2) (3) (4) Prior to the commencement of any works to be performed on the Lands, the Licensee shall advise the Licensor and obtain the written approva] of the Licensor's Director of Public Works thereto. The Licensee shall comply with any requirement made by the Director in the process of approving the works. The Licensee shall be solely responsible for the full cost of the installa- tion, replacement, reconstruction and operation of any sidewalk and boulevard works on the Lands and for any repair and reconstruction of the Lands or any sidewalk or boulevard thereon as public highway that may be required by the Director as a result of the presence in the Lands of the Licensee's booster pumping station and the installation, inspection, alteration, repair, replacement, reconstruction or operation thereof. If the Licensee fails to maintain the booster pumping station 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. (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 occa- sioned to or suffered by or imposed upon the Licensor or the Lands, either directly or indirectly, in respect of any matter or thing in conse- quence 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 a 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 the 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 renew- al 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. (1) The term of this Licence shall commence on May 4, when, (a) 1987 and shall expire (h) whichever first occurs, unless the Licence is earlier revoked, or surrendered pursuant to the provisions of subsection (2). the Licensee ceases to be the owner of the Lookout Point Booster Pumping Station; or the Licensee removes the Lookout Point Booster Pumping Station, terminated 6. (i) (2) The Licence hereby granted may be, (z) (a) revoked by the Licensor upon six 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 six month's written notice to the Licensor. 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 the Regional Clerk at 605 Rossland Road East, Whitby, Ontario, LiN 6A3 (b) in the case of the Licensor, to the Town Clerk, at 1710 Kingston Road, Picketing, Ontario, L1V 1C7 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. This Agreement and everything herein contained shall extend to, bind and enure to the benefit of the Parties hereto, their successors and assigns. IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their corporate seals, duly attested by their proper authorized officers, SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING John E. Anderson, Mayor Bruce Taylor, Clerk THE REGIONAL MUNICIPALITY OF DURHAM Gary Herrema, Regional Chairman Cecil W. Lundy, Clerk LLI Schedule A g 39C]1~1EI 3N019 OKLAHOMA DR. N[ W ',~ A~ tON RECEIVED FEB 5 t981 SOLICITOR TOWN Of PICKERIHG L . ~,'ICKI DR. Durham, }~=gion of - Lookout Point Booster Pumping S ration - Eyer Drive - Licence Agreement Legal Department 'OF HFW ~ ~ m -I ...... '/ l/~ : o:RVICE AREA ' r 'RFFFVI~ w CIRC ~: m m I m , I...... ) / [ ' . I/ ~' ~ [ [ l % / KEY PLAN '~-~ ~,~CAI. F I: 5ODO