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HomeMy WebLinkAboutWD-49-84CORPORATION OF THE TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT HAMPTON, ONTARIO LOB 1JO R. DUPUIS, P. ENO., DIRECTOR TEL. (416) 263-2231 987-5039 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MAY 7, 1984. REPORT NO.: WD -49-84 SUBJECT: AGREEMENT WITH ROGERS CABLE T.V. FOR THE INSTALLATION, OPERATION, AND MAINTENANCE OF AN UNDERGROUND TELEVISION CABLE ACROSS LOT 21, PLAN 693, ORONO ESTATES. RECOMMENDATION: It is respectfully recommended: 1. That this report be received; and, 2. That a by-law be passed, authorizing the Mayor and Clerk to execute an agreement in the form attached hereto, between the Town and Rogers Cable T.V., for the installation, operation and maintenance of an underground television cable along the south side of Lot 21, Plan 693, Orono Estates. Page 2 REPORT NO. WD -49-84 Rogers Cable T.V. has for some years, proposed to provide cable television service to Orono and Orono Estates. Many difficulties have been experienced on their part with respect to finding suitable locations for the service within road rights-of-way and an easement. The matter of a line into Orono Estates across Town -owned lands was addressed in specific requirements of the Town in a letter to Rogers in June, 1982. It was suggested to them by the Works Department, that thay have their solicitors prepare an agreement with certain conditions such that a cable could be laid across a portion of Lot 21, Plan 693. The agreement is before us now, with an indication that the C.R.T.C. expects a signal to Orono Estates by June 1, 1984. The terms and conditions of the agreement meet the Town's requirements and adequately cover the interests of the Town. It is, therefore, recommended that the agreement be executed by the appropriate municipal officials. Respectfully submitted, ;t R.G. Dupuis, P. Eng., Director of Public Works. RGD:jco April 30, 1984. Attachment THIS AGREEMENT made the day of April, 1989. B E T W E E N CORPORATION OF THE TOWN OF NEWCASTLE, (hereinafter called "the Owner") - and - ROGERS CABLE T.V. - PINE RIDGE, A DIVISION OF ROGERS CABLE T.V. LTD., (hereinafter called "the Licensee") OF THE FIRST PART, 0£ THE SECOND PART. WHEREAS the Owner is the owner in fee simple of that certain parcel or tract of land and premises situate, lying and being in the Town of Newcastle, in the Regional Municipality of Durham and Province of Ontario and being certain lands lying along the southerly boundary of Lot 21 according to a plan registered in the Land Registry office for the Registry Division of Durham as Number 693 (the "Property"); AND WHEREAS the Owner has agreed for the consideration hereinafter appearing to grant to the Licensee a licence to instal, operate and maintain an underground television cable (the "Cable") along a certain part s of the south side of the Property and to do such other acts and things as are hereinafter described for the term of years and upon the terms hereinafter mentioned; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the hereinafter mentioned covenants and agreements between the parties to this Agreement and the sum of TWO ------------------ ($2.00) ----------- DOLLARS now paid by the Licensee to the Owner, the receipt of which is hereby acknowledged, the parties hereby agree as follows: 2 1. The Owner hereby grants unto the Licensee leave and licence to bury, instal, operate and maintain the Cable along the south side of the Property in the location shown on the Plan attached hereto as Schedule "A" or within an area lying not more than 6 feet to the east thereof, for a term of TWENTY (20) years from the date hereof subject to the provisions for determination hereinafter contained. 2. The design and exact location of the Cable is to be approved prior to burial and installation by the Director of Public Works of the Owner. 3. The Cable is to be installed in a A inch conduit, fully buried, in a manner that facilitates any repair and replacement with a minimum disturbance to the surface and any existing or future structures on the Property. 4. The burial and installation of the Cable is to be in accordance with the Plans approved by the Owner and attached hereto as Schedule "A". 5. After burial and installation the Cable shall not be operated by the Licensee until it is inspected and approved by the Owner. Such inspection shall be on 48 hours written notice to the Owner by the Licensee. 6. The Licensee shall make complete restoration in kind to the Property after the burial and any subsequent repairs or alterations to the Cable. Such restoration shall be approved by the Director of Public Works of the Owner. 7. The Licensee shall indemnify and save harmless the Owner from all actions, suits, costs, losses, charges, demands and expenses, now or in the future, for and in respect of any damage to the property or personal injury or other consequence arising by reason of anything done by the Licensee in exercise of the permission hereby granted. S. The Licensee shall arrange and maintain liability insurance in respect of the Cable and such insurance shall name the Owner as a co-insured. 9. All costs and expenses incurred by the Owner with respect to the burial and installation of the Cable shall be paid by the Licensee. I 3 - Such costs and expenses shall be fully documented by the Owner. 10. The licence hereby granted may be determined at any time by either of the parties hereto giving to the other of them not less than 90 days previous notice in writing of its intention in that behalf. 11. The Licensee shall relocate the Cable at its own expense, if such relocation is required by the Owner for the future development and/or use of the Property. Notice of such a requirement of relocation shall be given in writing by the Owner not less than 90 days before such relocation is required. 12. On determination or relocation, the Cable shall be disconnected at both ends and all operation and use of the Cable shall cease. The j Licensee is not obligated to remove the Cable on determination or relocation. 13. The Licensee shall obtain and maintain all necessary approvals and permits from any other levels of government or agencies thereof having authority or jurisdiction in the operation of the Cable. 14. This Agreement shall enure to the benefit of and shall be binding upon each of the parties hereto, and each of their heirs, executors, administrators, successors and assigns, respectively. IN WITNESS WHEREOF the parties hereto have duly executed this Agreement by affixing their respective corporate seals under the hands of their property signing officers duly authorized in that behalf. Per: s Per: Per: Per: CORPORATION OF THE TOWN OF NEWCASTLE c/s ROGERS CABLE T.V. - PINE RIDGE, A DIVISION OF ROGERS CABLE T.V. LTD. c/s