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HomeMy WebLinkAboutBy-law 1214/80THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1214/80 Being a By-Law to authorize the execution of a Licence between the Corporation of the Town of Pickering and the Durham Board of Education with respect to the use by the Board of a Part of the Town's lands in Block W, Plan M-1039 (Pine Creek Park & Vaughan Willard Public School) WHEREAS, the Corporation of the Town of Pickering is the owner of Block W, Plan M-1039; and WHEREAS, the Durham Board of Education has requested that it be allowed to make use of 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: 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 respect- ing the use of part of Block W, Plan M-1039 (Pine Creek Park & Vaughan Willard Public School). BY-LAW read a first, second and third time and finally passed this 15th day of December , 1980. 11, f? I I By-Law #1214/80 THIS AGREEMENT made in triplicate this 15th day of December, 1980. B E T W E E N: THE CORPORATION OF THE TOWN OF PICKERING (hereinafter called the "Town"), OF THE FIRST PART, - and - . THE DURHAM BOARD OF EDUCATION (hereinafter called the "Board"), OF THE SECOND PART. WHEREAS, the Town is the owner in fee simple of the lands and premises more particularly described in Schedule "A" hereto (hereinafter called the Town's lands"); and WHEREAS, the Board is the owner in fee simple of the lands and premises more particularly described in Schedule "B" hereto (hereinafter called the "Board's lands"); and WHEREAS, the Board has requested that it be allowed to make use of a part of the Town's lands for certain purposes; NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consider- ation 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 Town hereby grants to the Board an exclusive licence to use that part of the Town's lands outlined in red on the sketch attached hereto as Schedule "C" (hereinafter called the "subject lands") for the purpose of a driveway providing ingress and egress between Glenanna Road and the Board's lands, subject to the terms, conditions and covenants herein contained. 2. 3. The licence hereby granted is not intended to and shall not transfer any possessory right or leasehold interest to the Board from the Town. The licence hereby granted shall be effective twenty-four hours per day, every day of every year during the currency of this Agreement. L ? 2 - 4. The licence hereby granted shall be revocable] (a) at any time, in the event of an emergenc ; (b) upon two year's written notice to the Bo rd; or (c) upon three month's written notice to the Board in the event that the Board's lands cease to be used for the purpose of a public school. 5. The Board shall at all times indemnify and sa a harmless the Town from and against all claims, demands, lofs, costs, dam- ages, actions, suits or other proceedings by whomsoever made, sustained, brought or prosecuted in any mannek based upon, occasioned by or attributable to anything done or omitted to be done by the Board, its employees, servants agents or invitees in the use of the subject lands. i 6. This Agreement and everything herein contained shall extend to, bind and enure to the benefit of the Parties hereto only, and is not assignable in any way. t f IN WITNESS WHEREOF, the Parties hereto have affixed their corporate seals, duly attested by the hands of their res- pective authorized officers. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Clerk THE DURHAM BOARD OF EDUCATION Chairman Superintendent of Business SCHEDULE "A" ALL AND SINGULAR that certain parcel or tract of land 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. W, according to a Plan registered in the Land Registry Office for the Registry Division of Durham as Plan No. M-1039. SCHEDULE "B" (Description of Vauqhan Willard School site to be provided by School-Board) -1 L -'--- VAUGHAN WILLARD PUBLIC SCHOOL PINECREEK PARK -64.5m. 86.6m. ,ROPCSED MPA-V.AY GLENANNA ROAD N