HomeMy WebLinkAboutBy-law 1039/79TOWN
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THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1039/79
Being a By-Law to authorize the execution
of a Licence Agreement between the Corpor-
ation of the Town of Pickering and Mr.
Lorne Davis for the use of Part Lot 18,
Range 3, Broken Front Concession (Parts
3 and 9, Plan 40R-2638).
WHEREAS, the provisions
of The Municipal Act, R.S.O.
provide that the Council of a
by-laws providing for the use
tion is the owner and for the
protection of such lands; and
of subsection 6 of section 336
1970, chapter 284, as amended,
municipal corporation may pass
of lands of which the corpora-
regulation of such use and the
WHEREAS, it is deemed expedient to permit certain lands
currently owned by the Corporation of the Town of Pickering
to be used for agricultural purposes for the period of
September 15th, 1979 to September 15th, 1980;
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 Lorne Davis respecting
the use of those parts of Lots 18, Range 3, Broken
Front Concession, designated as Parts 3 and 9 on
Plan 40R-2638.
BY-LAW read a first, second and third time and finally passed
this 4th day of September , 1979.
SCHEDULE "A" To By-law #1039/79
LICENCE to occupy land dated this 4th day of September, 1979.
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter referred to as the "Licensor"
OF THE FIRST PART,
hereby grants permission to
LORNE DAVIS, of the Town of Pickering
in the Regional Municipality of Durham
hereinafter referred to as the "Licensee"
OF THE SECOND PART.
To occupy land in the Town of Pickering in the Regional Muni-
cipality of Durham and Province of Ontario, more particularly
described in Schedule "A" attached hereto, for farming pur-
poses only,
YIELDING AND PAYING therefor unto the Licensor the sum of
$135.00 per annum, payable as follows:
(a) $35.00 on the 15th day of September, 1979;
(b) $50.00 on the 15th day of August, 1980; and
(c) $50.00 on the 15th day of September, 1980,
provided that,
(d) if this licence is cancelled or terminated prior
to the 15th day of August, 1980, then the amounts
otherwise payable on that date and on the 15th
day of September, 1980, shall not be payable;
and
(e) if this licence is cancelled or terminated prior
to the 15th day of September, 1980, and after
the 14th day of August, 1980, then the amount
otherwise payable on the 15th day of September,
1980, shall not be payable.
IN FURTHERANCE WHEREOF, the Parties covenant and agree, for
mutual consideration, as follows:
1. The permission herein granted operates solely
as a licence and does not transfer any exclu-
sive possessory right or leasehold interest
to the Licensee.
2. The Licensee shall not change the use or per-
mit a change of the use of the said land for
any purpose.
3. The Licensee shall maintain the land, and any
structures including buildings and fences
thereon, in a condition satisfactory to the
Licensor's Director of Public Works, or his
delegate, who may enter at any time for the
purpose of examining the condition of the
land and structures.
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9. During the term of this licence, the Licensee
shall not place or erect, or cause to be
placed or erected, any building or structure
on the land.
5. The Licensee shall at all times indemnify
and save harmless the Licensor from and
against all claims, demands, loss, costs,
damages, actions, suits or other proceedings
by whomsoever made, sustained, brought or
prosecuted in any manner based upon, occa-
sioned by or attributable to anything done
or omitted to be done by the Licensee in
his use and maintenance of the said land or
arising from the public use thereof.
6. Where the Licensee fails to observe any of
the covenants or agreements herein contained,
the Licensor may, by written notice, cancel
this licence, and from the date of receipt
by the Licensor of such notice, this licence
shall terminate and be void, whether or not
the Licensor has re-entered the land or done
any other act or thing in respect to it.
7. Notwithstanding the provisions of section 6,
the Licensor may at any time terminate this
licence by giving the Licensee one (1) month
written notice, and from the date of termin-
ation specified in such notice, this licence
shall terminate and be void, whether or not
the Licensor has re-entered the land or done
any other thing or act in regard to it.
8. (a) Cancellation or termination of this
licence shall in no way prejudice
the Licensor's right to recover un-
paid licence fees or any other right
of action by the Licensor with
respect to a breach of any covenant
or agreement herein contained.
(b) In the event that this licence is
cancelled or terminated, the Licen-
see hereby agrees that he shall make
no claim of any nature whatsoever
against the Licensor, or any succes-
sor of the Licensor, for damages or
compensation for crops lost as a
result of such cancellation or term-
ination.
9. This licence shall commence on the 15th day of
September, 1979, and, subject to the provisions
of sections 6 and 7 and with the exception of
sections 5 and 8, shall expire on the 15th day
of September, 1980.
10. This licence is not assignable by the Licensee
in any way, and shall not extend to, bind or
enure to the benefit of any successor or assign
of the Licensee.
IN WITNESS WHEREOF, the Licensor has hereunto affixed its
corporate seal attested by its proper signing officers duly
authorized in that behalf, and the Licensee has hereunto
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set his hand and seal.
SIGNED, SEALED and DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk
in the presence of
me
SCHEDULE "A"
ALL AND SINGULAR those certain parcels or tracts 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 those parts of Lot 18, Range 3, Broken
Front Concession, designated as Parts 3 and 9 on a Plan of
Survey of Record registered in the Registry Office for the
Registry Division of Durham as Plan 40R-2638.
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