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HomeMy WebLinkAboutBy-law 1210/80THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1210 /80 i Being a By-Law to authorize the execution of a Licence Agreement between the Durham Board of Education and the Corporation of the Town of Pickering with respect the use of the Valley View Public School parking lot in conjunction with the Greenwood Library. WHEREAS, the Corporation of the Town of Pickering has acquired certain lands in Concession 5, Pickering, for use as a public library in the Hamlet of Greenwood; and WHEREAS, it is necessary to provide a driveway and parking facilities for the said library; ! 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 Corporation of the Town of Pickering and the Durham Board of Education respecting the use by the Town of driveway and parking facilities at Valley View Public School. BY-LAW read a first, second and third time and finally passed this 15th day of December , 1980. i I? SCHEDULE "A" By-Law Number 1210/80 THIS AGREEMENT made in triplicate this 1980. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING (hereinafter called the "Town"), day of OF THE FIRST PART - and - THE DURHAM BOARD OF EDUCATION (hereinafter called the "Board"), OF THE SECOND PART WHEREAS the lands and premises more particularly described in Schedule "A" hereto (hereinafter called the "Board's Lands") were, pursuant to the provisions of section 84 of the Secondary Schools and Boards of Educa- tion Amendment Act, 1968, S.O. 1968, c.122, vested in The Ontario County Board of Education which is continued as The Durham Board of Education, being the "Board" herein; and WHEREAS, by deed dated February 27, 1980 and registered in the Registry Office for the Registry Division of Durham on March 20, 1980, as Instrument No. D105387, the Town acquired fee simple title to the lands and premises more particularly described in Schedule "B" hereto (hereinafter called the "Town's Lands") from the Board; and WHEREAS, as a condition of the Town acquiring the Town's Lands from the Board it was agreed that the Town should be allowed to make use of the Board's Lands for certain purposes: NOW THEREFORE THIS AGREEMENT WITNESSETH THAT, in consideration of the sum of Two Dollars ($2.00) paid by each of the Parties hereto to the other of them, receipt whereof is hereby acknowledged by each, the Parties hereto agree as follows: 1. The Board hereby grants to the Town a non-exclusive licence to use the Board's Lands for the purpose of parking for staff and patrons of the Town's library to be located on the Town's lands, subject to the terms, conditions and covenants herein contained. 2. The licence hereby granted is not intended to and shall not transfer any possessory right, easement, leasehold interest, or any other interest to the Town from the Board. 2 - 3. The licence hereby granted shall be effective, (a) after 5:00 p.m. only, on those days upon which the Board's Valley View Public School is open for attendance by students, and (b) at any time on other days. 4. The licence hereby granted shall be revocable, (a) at any time, in the event of an emergency as determined solely by the opinion of the Board, (b) upon two year's written notice to the Town; or (c) upon three month's written notice to the Town in the event that the Town's lands commence to be used, at any time prior to March 21, 2030, for any purpose other than that of a municipal public library. 5. The Town shall at all times indemnify and save harm- less the Board from and against all claims, demands, loss, costs, damages, actions, suits or other pro- ceedings by whomsoever made, sustained, brought or prosecuted in any manner based upon, occasioned by or attributable to anything done or omitted to be done by the Town, its employees, servants or agents, in the use of the Board's Lands. 6. The Town agrees to indemnify and save the Board harm- less of and from all manner of actions, causes of action, suits, claims, damages, loss, costs and charges in respect of any personal injury or property damage sustained by the said staff and patrons referred to in Paragraph 1 above, while using the Board's lands for the purposes of this licence. 7. The Town agrees to indemnify and save harmless the Board for any damage caused by the said staff and patrons re- ferred to in Paragraph 1 above, to any property of the Board and the Town agrees to repair or reimburse the Board forthwith upon demand for any damage so caused. IN WITNESS WHEREOF the Parties hereto have affixed their corporate seals, duly attested by the hands of their respective authorized officers. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF Chairman Superintendent of Business THE DURHAM BOARD OF EDUCATION 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 part of Lot 10, Concession 5, and part of Lot 1, according to a Plan registered in the Registry Office for the Registry Division of Durham as Plan No. 555, which parts are designated as Part 2 on a plan of reference deposited in the said office as Plan No. 40R-5638. 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 part of Lot 10, Concession 5, and part of the Road Allowance between Lots 10 and 11, Concession 5, which parts are designated as Part 1 on a plan of reference deposited in the Registry Office for the Registry Division of Durham as Plan No. 40R-5638.