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HomeMy WebLinkAboutBy-law 1632/83THE CORPORATION OF THE TOWN OF PICKERING BY-LAW N0.1632 /83 Being a by-law to authorize the execution of a Licence Agreement between the Corpor- ation of the Town of Pickering and Canuck Properties Ltd. respecting Block PX, Plan M-11, Pickering (Reytan Boulevard) WHEREAS the Corporation of the Town of Pickering as successor to the Corporation of the Township of Pickering is the owner in fee simple of Block PX, Plan M-11, Picker- ing (1' reserve; Reytan Boulevard); and WHEREAS Canuck Properties Ltd. is the owner in fee simple of part of Block 8, Plan M-11, Pickering, which lands abut Block PX, Plan M-11, Pickering; and WHEREAS it is deemed expedient to permit Canuck Properties Ltd. to occupy Block PX, Plan M-11, Pickering, for the purpose of providing a pedestrian and non-motorized vehicular access from Reytan Boulevard to part of Block B, Plan M-11, Pickering; 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 for~ attached hereto as Schedule "A", between the Corporation of the Town of Pickering, as successor to the Corporation of the Township of Pickering, and Canuck Properties Ltd. respecting the occupation of Block PX, Plan M-11, Picker- lng (1' reserve; Reytan Boulevard). BY-LAW read a first, second and third time and finally passed this March , 1983. 7th day of ' ~Cl6rk Schedule "A" to By-law Number 1632/83 THIS LICENCE AGREEMENT made in triplicate this day of , 1983. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING as successor to The Corporation of the Township of Pickerin~ hereinafter referred to as the "Town", Licensor, OF THE FIRST PART, - and- CANUCK PROPERTIES LTD. hereinafter referred to as the "Owner", Licensee, OF THE SECOND PART. WHEREAS the Town is the owner in fee simple of Block PX, Plan M-11, Pickering, constituting a one foot reserve between Reytan Boulevard and Block B, Plan M-11, Pickering; and WHEREAS the Owner is the owner in fee simple of part of Block B, Plan M-11, Pickering upon which is to be located commercial premises and related appurtenances; and WHEREAS. the Owner wishes to instal and maintain a pedestrian access between the Owoem's lands and Reytan Boulevard, across the Town's reserve; NOW THEREFORE, THIS AGREEMENT WITNESSETH that in consideration of the premises and the mutual covenants and conditions herein contained, and the sum of Two Dollars ($2.00) now paid by the Owner to the Town, receipt of vJnich is hereby acknowledged, the Parties hereto agree as follows: 1. (1) The Owner is the owner, particularly described "Site". in fee simple, of those lands and premises more in Schedule "A" hereto, hereinafter called the (2) The Town is the owner, in fee simple, of those lands and premises more particularly described in Schedule "B" hereto, hereinafter called the "Reserve", which are the lands affected by this Agreement. The Town hereby grants to the Owner a licence, hereinafter called the "Licence", to occupy the Reserve for the purpose of installing and maintaining thereon a pedestrian access and related appurtenances, from Reytan Boulevard to the Site. 3. (1) The licence hereby granted, (a) shall not transfer any possessory or leasehold interest in the Reserve to the Owner; - 2- (b) shall be effective twenty-four (24) hours per day, every day of every year during the term of the Licence; and (c) shall not preclude or prevent the Town from using the Reserve as a reserve abutting a municipal public highway. (2) For the purposes of clause (c) of subsection (1), above, the Owner shall ensure that the reserve is maintained in such a manner that, motorized vehicular access is not available on, along and across the Reserve at any time, and (b) pedestrian and non-motorized vehicular access can be prevented on, along and across the Reserve at any time. 4. The Owner shall maintain and use the Reserve only as a pedestrian and non- motorized vehicular access to and from the Site and for no other purpose. 5. (1) (2) (3) (4) Following completion of any works performed on the Reserve, the Owner shall advise the Town and obtain the approval thereof of the Town's Direc- tors of Planning and Public Works. The Owner shall comply with any requirement made by either Director in the process of approving the works. The Owner shall be solely responsible for the full cost of the development and maintenance of the lands. If the Owner fails to complete development, or to maintain the Reserve to the Town's satisfaction following completion, then the Town may, upon seven (7) days notice to the Owner, enter upon the Reserve for the purpose of completion or maintenance, as the case may be, and any costs incurred by the Town by reason of so doing shall be paid to the Town by the Owner within thirty {30) days of receipt by the Owner of the Town's invoice therefor. o (1) (2) The Owner shall pay any taxes or other similar charges that may be levied on or after the date hereof against the Reserve. The Owner shall indemnify and save harmless the Town of and from all manner of claims, damages, losses, costs or charges whatsoever occasioned to or suffered by or imposed upon the Town 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 Owner's development, maintenance or use of the Reserve 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. (1) The term of this Licence shall be for a period of ten (10) years commenc- ing on April 1st, 1983 and expiring on March 31st, 1993, or the date that the Owner ceases to be the owner of the Site, whichever first occurs, unless the Licence is earlier revoked, terminated or surrendered pursuant to the provisions of subsection (2), below. (2) The Licence hereby granted may, (al be revoked by the Town upon sixty (60) days written notice to the Owner; (b) be terminated at any time upon the written agreement of the Parties; and (c) be surrendered by the Owner upon sixty {60) days written notice to the Town. -3- (3) (4) Notwithstanding the provisions of subsections (1) and (2), above, the Town may temporarily suspend the Licence, upon two (2) days notice to the Owner, for the period of construction, in the event that the Town or a public utility authority wishes to instal, inspect, repair or maintain a service on, in or under the Reserve. In the event the Licence is suspended pursuant to the provisions of sub- section (2), the operation of all terms and conditions of this Agreement, except sections 6, 8 and 9, shall also be suspended for the same period of time. 8. (1) Any notice, document or other co~unication 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 Owner, to (2) (3) (b) in the case of the Town, to the Town Clerk, at 1710 Kingston Road, Pickering, Ontario LlV 1C7. Each Party may redesignate the person or the address, or both, to whom or at which such notice, document or other comnunication shall be given by giving v~itten notice to the other. Any such notice, document or other communication shall be deemed to have been given on the first business day following the date of mailing or the date of delivery, as the case may be. 9. This Agreement and everything herein contained shall extend to, bind and enure to the benefit of the Parties hereto, but not to their successors and assigns. (2) This Agreement is not assignable, in whole or in part, by either Party. 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 ll~E TOWN OF PICKERING Mayor Clerk CANUCK PROPERTIES LTD. Per: Per: SCHEDULE "A" ALL AND SINGULAR that certain parcel or tract 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 all of Block B according to a plan regis- tered in the Land Titles Office for the Registry Division of Durham (No. 40) as Plan M-11, save and except Part 1 on Plan 40R-4173, AS DESCRIBED in Instrument No. LT92779, BEING the whole of Parcel M-Il-Block B-l, Pickering. SCHEDULE "B" ALL AND SINGULAR that certain parcel or tract 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 all of Block PX according to a plan regis- tered in the Land Titles Office for the Registry Division of Durham (No. 40) as Plan M-11, BEING part of Parcel M-Il-C-I, Pickering.