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HomeMy WebLinkAboutBy-law 1885/84THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1885 /84 Being a by-law to authorize the execution of a Licence Agreement between Ontario Hydro and the Corporation of the Town of Pickering respecting the use by the Town of the Ontario Hydro Corri- dor in the Town Centre Community (Village East Park Extension) WHEREAS, pursuant to the provisions of the Municipal Act, R.S.O. 1980, chapter 302, section 208.57, the council of a municipality may pass a by-law for acquiring, inter alia, parks, recreational areas, playgrounds and athletic fields; 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 Agreement, in the form attached hereto as Schedule A, between Ontario Hydro and the Corpo- ration of the Town of Pickering, respecting the use by the Town of the Ontario Hydro Corridor in the Town Centre Community (Village East Park Extension). BY-LAW read a first, second and third time and finally passed this 30th day of July, 1984. TOWN OF' PICKERING APPROVED LEGAL ONTARIO HYDRO LICENCE Permission is hereby given by Ontario Hydro (herein called the Licensor) to TRE CORPORATION OF TBE TOWN OF PICKERING (herein called the Licensee) to use the lands shown on the sketch attached hereto, (the said lands being hereinafter referred to as the said lands) being described as: Lots 19 & 20, Concession I, Town of Picketing for recreational purposes only, for a term Of Twenty-Fi~/~ars commencing onthe 1st day of May 19 84 subjecttothetermsandconditionssetoutinScheduleAheretoattachedand forming part of this Licence which the Licensee hereby accepts and agrees to perform and abide by. DATED this 2 3 day of May IN WITNESS WHEREOF the parties hereto have executed this Licence. 19 84 THE CORPORATION OF THE TOWN OF PICKERI~ Ontario Hydro PROPERTY OFFICER - Central Region 73242 (sheet 1) rev. 81-02 SCHEDULE A 1. Forthe permission granted herebythe Licensee shall payto the Licensorthe sum of ONE DOLLAR perannum in advance. 2. This Licence and the permission granted hereby may be revoked and cancelled in whole or in part by the Licensor if the said lands are required by the Licensor for its purposes (or by Municipal, Provincial or Federal authorities) upon giving to the Licensee one year's notice in writing and in such event the Licensor shall pay to the Licensee as full compensation an amount equal to the capital cost of any improvements to the said lands made by the Licensee depreciated by the straight line method from the date of installation of each improvement to the end of the term es herein set out. 3. The Licensee may permit members of the public to use the said lands for the purposes set out and in accordance with the terms hereof, but this Licence and all rights granted hereby shall not be assigned by the Licensee and it shall be and remain the responsibility and obligation of the Licensee to enforce adherence to the terms and conditions herein contained by any such persons. 4. If in the opinion of the Licensor the Licensee does anything or permits anything to be done on the said landswhich may be a nuisance or cause damage, the Licensor shall notify the Licensee of such activity and the Licensee shall have thirty days in which to remedy such nuisance, 5. All property of the Licensee or members of the public at any time on the said lands shall be at the sole risk of the 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 of 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 of the Licensor, its servants or agents. 6. The Licensee shall assume all I{ab{{{ty and obligation for any and all loss, damage, or injury, including death, to persons or property that happens as a result of or arises out of the use and occupation of the said lands by the Licensee or members of the public and the Licensee shall at alt 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 construction of any building and structures, the installation of equipment and recreational facilities, and any grading and the planting of trees, must first receive the approval of the Licensor. 8. The Licensee shall comply with the Design Standards of the Transmission and Distribution Projects Division of 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. 1978 and any amendments thereto and any regulations passed thereunder when using heavy equipment during any construction or maintenance. 9. The location and plans of any area or areas for the parking of motor vehicles must have the prior approval of the Licensor. Except for the parking of motor vehicles in such designated areas, all motorized vehicles and equipment other than those of the Licensee used for maintenance purposes shall be prohibited. 10. The Licensee shall prohibit kite flying and model aeroplane flying and any other activities which in the opinion ofthe Licensor might interfere with the safe and efficient operation of its works and shall post signs in suitable locations on the said lands stating that kite flying and model aeroplane flying and other activities are prohibited. 11. The Licensor may at any time upon reasonable notice or in case of emergency without any notice enter on the said lands 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 said lands. 12. This Licence and the rights granted hereby shall be subject to 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 i~ terfere unreasonably with the rights granted hereby. 13. The Licensee shall maintain the said lands and any of the Licensee's installations thereon in a neat and tidycondition 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. 14. 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. 15. The Licensor shall have the right to delete from the licence for purposes of a sale the lands outlined in blue on the attached sketch provided that the Licensor gives ~e~%~s written notice of it's intention to do so and the Licensee shall not be rev. 82-01 entitled to any compensation as a result of such deletion. Town of Pickering Legal Department Recreation - Parks - Village East Park Expansion - Part Lots 19 & 20, Conc. 1 - Ontario Hydro Licence