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HomeMy WebLinkAboutBy-law 853/78THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 853/78 Being a By-law to authorize the execution of a Use and Occupancy Agreement between the Corporation of the Town of Pickering and Ontario Hydro respecting parts of Lot 22, Ranges 2 and 3, Broken Front Conces- sion. WHEREAS pursuant to the provisions of paragraph 68 of section 352 of The Municipal Act, R.S.O. 1970, c. 284, by-laws may be passed by the councils of all municipalities for, inter alia, acquiring land for and establishing public parks in a municipal- ity; AND WHEREAS it is deemed desirable to acquire the use and occupancy of certain lands in Lot 22, Ranges 2 and 3, Broken Front Concession, from the owner thereof, Ontario Hydro, for the purposes of a public park; 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 Use and Occupancy Agreement in the form attached hereto as Schedule "A" between the Corporation of the Town of Pickering and Ontario Hydro respecting parts of Lot 22, Ranges 2 and 3, Broken Front Concession. BY-LAW read a first, second and this Ju(, day of (/ TO%IVN OF PICKERING APPROVED AS ]0, FORM third time and finally PASSED , 1978. _PT Clerk PV% 11? SCHEDULE "A" TO BY-LAW NUMBER 553-9 THIS AGREEMENT made, in triplicate, this 19th day of May, 1978, BETWEEN: ONTARIO HYDRO herein called Hydro OF THE FIRST PART - and - THE CORPORATION OF THE TOWN OF PICKERING herein called Pickering OF THE SECOND PART WITNESSETH that in consideration of the terms and conditions herein contained, Hydro grants, conveys and transfers to Pickering, but subject to all the terms and conditions herein contained, the right to use and occupy those parts of Lot 22, Ranges 2 and 3, Broken Front Concession, of the former Township of Pickering, now in the Town of Pickering, as indicated coloured green and yellow on the sketch attached hereto, for park purposes only. The terms and conditions which Pickering covenants and agrees to observe and be bound by are as follows: 1. This Agreement shall commence on June 1, 1978, and terminate on June 29, 1998, subject to termination on six months' notice in the event Hydro is requested so to do by the Government of Canada or Ontario or The Atomic Energy Control Board. 2. Pickering shall pay or assume all taxes, rates or grants in lieu thereof assessed or levied against the said lands in each year during the period this Agreement remains in force or pay to Hydro an amount equal to the amount of the annual taxes, rates or grants in lieu of taxes paid by Hydro in each year for the lands herein. 3. Pickering shall not use or permit to be used the lands indicated coloured yellow on the sketch hereto for other than recreational beach activities and the lands indicated coloured green on the sketch hereto for parking unless specific approval of Hydro has been obtained, and shall at Pickering's own expense erect and maintain a suitable barrier to separate the parking area from the beach area. 4. Pickering shall assume all liability 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 Pickering or members of the public and Pickering shall at all times indemnify and save harmless Hydro from and against all such loss, damage or injury and all actions, suits, proceedings, - 2 - costs, charges, damages, expenses, claims or demands arising therefrom or connected therewith; provided that Pickering 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 Hydro, its servants, or agents, or by radioactivity incidents. 5. All property of Pickering or members of the public at any time on the lands herein or Hydro's adjacent lands shall be at the sole risk of Pickering and Hydro shall not be liable for any loss or damage thereto however occurring and Pickering releases Hydro 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 Hydro, its servants or agents, or by radioactivity incidents. 6. Pickering may permit members of the public to use the lands herein for the purposes set out and in accordance with the terms hereof, but this Agreement and all rights granted hereby shall not be assigned by Pickering and it shall be and remain the responsibility and obligation of Pickering to enforce adherence to the terms and conditions herein contained by any such persons. 7. If in the opinion of Hydro Pickering does anything or permits anything to be done on the lands which may be a nuisance or cause damage, Hydro shall notify Pickering of such activity and Pickering shall have thirty days in which to remedy such nuisance. 8. The location and plans of any area or areas for the parking of motor vehicles must have the prior approval of Hydro. Except for the parking of motor vehicles in such designated areas, all motorized vehicles and equipment other than those of Pickering used for maintenance purposes shall be prohibited. 9. Pickering shall endeavour to prevent motor boats from using the area East of the Liverpool Road Bridge. 10. Any signs to be erected by Pickering must have the prior approval of Hydro. 11. No permanent habitation shall be allowed on the lands. 12. No buildings, structures or other facilities or obstruc- tions shall be constructed or placed on the lands. 13. The limits of the lands shall be posted by Hydro to inform members of the public that the land is part of the Pickering Generating Station complex and as such subject to rules and orders of Station personnel. 14. Since Hydro is responsible for maintaining radiation safety based on the monitoring methods and measurements as prescribed by The Atomic Energy Control Board from time to time it reserves the right to enter on the lands at all times to install, operate and maintain such monitoring equipment and any warning system connected therewith, and to - 3 - control entry, require vacation of the land and temporarily or permanently close the land to public use in case of emergency or in practice for an emergency. 15. Pickering shall be responsible for maintaining the area to the satisfaction of Hydro. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by affixing their respective corporate seals attested by the signatures of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED in the presence of ONTARIO HYDRO THE CORPORATION OF THE TOWN OF PICKERING f j i nL i WHARF ;TIRCET l??` J'I' , JC)? ? J d h ?I Part Lot 22 Ranges 2 and 3 Broken Front Concession Town of Pickering • O Scale 1•=200' c) z r In v 00 w 0 o o D) ? k-n G)zoE r rZ3rl x r• r• rn 0 H •C o (D ril O t H. C p n o a rt r• p rt 0 o n o• 9 C G m G97 r? z H F-3 x r? C) 0 x ro a H °z 0 P-j F-3 x t+7 a O N O 'TJ ro H n x r? H z w a O z 9 H 0 x ?C d 0 d H [TJ d