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HomeMy WebLinkAbout95-74 THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 95-74 being a By-law to authorize the entering into a Recreational Licence Agreement with Ontario Hydro, the Owner of Utility Corridor located in Part of Lot 31, Concession 1, of the former Township of Clarke, now in the Municipality of Clarington. WHEREAS the Council of the Corporation of the Municipality of Clarington authorized the Mayor and Clerk to execute various agreements to implement the Waterfront Trail; NOW THEREFORE LET IT BE RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Municipality of Clarington, and seal with the Corporation's seal, a Recreational Licence Agreement between Ontario Hydro the owner of Utility Corridor being Part 15 of 10R-933, also referred to as Ontario Hydro Expropriation Plan 88208, within Part Lot 31, Concession 1, former Township of Clarke, former Town of Newcastle, now in the Municipality of Clarington. BY-LAW read a first time this 29th day of May , 1995. BY-LAW read a second time this 29th day of May , 1995. BY-LAW read a third time and finally passed this 29th day of May , 1995. MAYOR / CLERK ONTARIO HYDRO LICENCE Permission is hereby given by Ontario Hydro (herein called the "Licensor'") to The Corporation of the Municipality of Clarington (herein called the "Licensee") to use a 3 metre wide corridor for a pedestrian/cycling trail (the Trail) shown on the sketch attached hereto, (the said lands being hereinafter referred to as the 'land") and being described as: Parts 15 of 1oR-933, also referred to as Ontario Hydro Expropriation Plan 88208 within Part Lot 31, Concession 1, of the Township of Clarke, now in the Municipality of Clarington. for recreational purposes only, for a term of twenty-one (21) years commencing on the 5th day of May, 1995 subject to the terms and conditions set out in Schedule A hereto attached and forming part of this Licence which the Licensee hereby accepts and agrees to perform and abide by. The Licensee shall have the right to renew the said document for a further term of twenty-five (25) years subject to the terms and conditions contained herein and subject to Ontario Hydro approval. DATED this day of 1995 IN WITNESS WHEREOF the parties hereto have executed this Licence. Diane Ha ayor- Municipality of Clariri cn atti B ie, Cler unicipality of Clarington ONTARIO HYDRO i SCHEDULE "A" THE TERMS AND CONDITIONS mentioned in the-Licence annexed which covenants and agrees to observe and be bound by and to cause dhe enh a tfo at all times are as follows: . For the permission granted hereby the Licensee shall a sum of ONE DOLLAR the receipt whereof is hereby acknowledged he Licensor the 2•(a) This Licence and the permission granted hereby may cancelled in whole or in part by the Licensor if the land Is required equired by the Licensor for its purposes or for development or disposition or by Municipal, Provincial or Federal authorities upon giving to the Licensee one year's notice in writing and in such event, the Licensor shall pay to the Licensee as full compensation an amount equal to the capital cost of any improvements to the land made by the Licensee depreciated by the straight line method from the date of installation of each improvement to the end of the term or the life of the improvements as herein set out. The Licensee shall give the licensor written notice of the as constructed cost of such improvements as soon as it is reasonably practicable after they have been constructed, installed or made. 2•(b) This Licence or portions of may be terminated by the Licensee by givin the Licensor thirty (30) days notice of termination subject to the terms and condition of this. agreement. 3. The Licensee may permit members of the public to purposes set out in accordance with the terms hereof, but the Licensee shall the t assign, transfer, sublease, part with possession or dispose of all or an art of land or this Licence or any privileges or interests hereby granted to itywithout of the written consent of the Licensor which may be unreasonably or arbitrarily withheld, the failing which the Licensor shall be entitled to terminate this Licence immediately after notice of the occurrence of such breach. immediately after 4. If the Licensee should at any time fail to carry out any of the stipulations Licence other than those contained in paragraph 3 to the satisfaction of the Li in this acting reasonably, the Licensor may mail to the Licensee written noticespecifying failure, and if the failure is not remedied or adequate a the Licensor being taken to satisfactorily remedy the same within one p the and sufficient measures are not notice, the Licensor may terminate this Licence immediately upon the texp Of expiration the one month period aforesaid in whole or in part. P Lion of the 5. All property of the Licensee or members of the public at an shall be at the sole risk of the Licensee (or members of the Public, time on the land be provided that such member of the public has voluntarily assumed as the case may transfer of risk shall be the responsibility of the Licensee) and the Li be liable for any loss or damage thereto however such risk which the Licensor from all claims and demands in respect censor shall not er occurring and the Licensee releases except and to the extent to which such loss or damage is caused such r cont or damage, the neglect or default of the Licensor, its servants or agents, contributed to by 6. The Licensee shall assume all liability and obligation damage, or injury, including death, to persons or property that for any and all loss, or arises out of the use and occupation of the land by the Licensee pens a result of Public and the. Licensee shall at all times indemnify and save or memm bers of the from and against all such loss, damage, or injury and all actions, the Licensor °ns, suits, proceedings, costs, charges, damages, expenses,claims or demands arising therefr therewith; provided that the Li caused censee shall not b extent to which such loss, damage, or injury is e liable under this paragraph to the °m orconnected neglect or default of the Licensor, its servants or agents. or contributed to by the 7. The Licensee shall at its own expense, arrange and maintain a liability insurance Policy satisfactory to the Licensor in order to indemnify the Licensor as provided for in paragraphs 5 and 6 of this Licence. A certified co for certificate in lieu thereof shall be given to the Licensor oforua h policy n a satisfactory Licence commencement date. approval on or before the 8. The construction or siting of all buildings and structures, the install equipment and recreational facilities, and grading and the planting of trees m ion all first receive the approval of the Licensor. must all 9. The Licensee shall comply with the Design Standards of the Transmission Distribution Project Division of the Licensor, Canada Standards Association Sion and C-22.3, the 'Safety Rules and Standards Protection Code' of the Licensor, The Occupational Health and Safety Act, R.S.O. 1990 and any amendments thereto The any regulations passed thereunder when using o and construction or maintenance. 9 heavy equipment during any 10. The location and plans of any area or areas for the parking of motor vehicles must have the prior approval of the Licensor in writing and unless otherwise sti a at herein must not exceed 10% of the licensed area, Except for the parkin Of ed vehicles in such designated areas, all motorized vehicles and equipment other otor those of the Licensee used for maintenance purposes shall be prohibited. than 11 . The Licensee shall not interfere in any way with or cause an change works of the Licensor now existing or hereinafter constructed on the la without limiting the generality of the foregoing, y ange to any height of any vehicle, load or other object, including ttach land, and the Licensee shall ensure that the thereon near the Licensor's conductors will not exceed 4 1151 m (13 5 People standing existing grade. 1 above the 12. The Licensee shall prohibit kite flying and model aeroplane flying and any other activities which in the opinion of the Licensor might interfere with th efficient operation of its works or be offensive, annoying or dangerous a safe and signs in suitable locations on the land stating that kite flying and m and shall post flying and other activities are prohibited. and aeroplane 13. The Licensor and anyone acting Pursuant to twenty-four hours advance notice to he Licensee toraat anry time ywi any time upon case of emergency enter on the land and inspect, maintain, repair, re-arrange, replace, relocate and remove an thout notice in Act, R.S.O. 1990, y of its works as defined in the Power Corporation Ch. P18 as amended and further may construct, add, inspect, maintain, repair, alter, re-arrange, relocate and remove such new works or as the Licensor determines necessary or desirable and the Licensor shall not for and is hereby released from all damages, losses, injuries, costs c I not be liable suits, proceedings, claims and demands arising in connection with ca charges, expenses, work aforesaid, including, without limitation, all claims for damages, indemnification,drying out the reimbursement or compensation by reason of loss, interruption or suspension o business or interference or inconvenience howsoever caused or suspension of the land, provided that the Licensor shall complete all such constrctin,physical damage to maintenance, repair, rearrangement, replacement, relocation and removal actions as 14. The Licence shall be subject to all leases, licences or occupation existing at the date hereof and the Licensor may�from time o t of use w or extend them or make new ones so long as they do not in the Li censor's opinion interfere unreasonably with the purpose of this Licen a to time renew ce. 15. The Licensee shall maintain the land and any of the Licensee's installations thereon in a neat and tidy condition satisfactory to the Licensor. In the event the Licensor considers it necessary that any part or parts of the perimeter of the land or any of the Licensee's or Licensor's installations thereon be fenced it shall be done at the expense of the Licensee. 16. Upon termination of this Licence the Licensor may require the Licensee at its own expense to remove any of its installations and facilities from the land and restore the land to a condition satisfactory to the Licensor. 17. The Licensee shall not pile snow on any of the Licensor's adjoining lands nor shall it pile snow on the licensed lands which would result in piles exceeding six feet in height or being closer than twenty-five feet from any of the Licensor's transmission towers. In the event of the Licensee acting in breach of this condition, the Licensor may remove any such pile, the cost of which work, shall be charged by the Licensor to the Licensee. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ACTION SLIP DATE: Ts TO: �ff 1 FROM: kc, NOTE AND FILE Q O NOTE AND SEE ME PLEASE ANSWER O C) INVESTIGATE AND REPORT AS DISCUSSED O O TAKE APPROPRIATE ACTION PER YOUR REQUEST O O RETURN WITH MORE DETAILS FOR YOUR INFORMATION O O RETURN WITH YOUR COMMENTS FOR YOUR APPROVAL O O PREPARE REPLY FOR MY SIGNATURE FOR YOUR SIGNATURE Q O PLEASE COMMENT COMMENTS: 1114 A U THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Memorandum To: Patti Barrie, Clerk From: Cynthia Strike, Planner, Strategic Planning Branch Date: g May 1995 Subject: ONTARIO HYDRO RECREATIONAL LICENCE AND AUTHORIZING BY-LAW FOR EXECUTION Attached you will find four (4) copies of a Recreational Licence from Ontario Hydro which is required to implement the Waterfront Trail east of Wilmot Creek. Authorization for the Mayor and Clerk to execute the licence agreement was endorsed by the General Purpose and Administration Committee on July 18, 1994, and by Council on July 25, 1994. Please forward the authorizing by-law to Council at the May 29, 1995 meeting. Please sign all copies of the agreement and seal with corporate seal. Please forward to Mayor Hamre for signature and return. Thankyou. 4vy' thial . CS:df Attachment THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Memorandum To: Cynthia Strike, Planner, Strategic Planning Branch From: Marie Knight, Deputy Clerk Date: May 31, 1995 Subject: BY-LAW 95-74, A BY-LAW TO AUTHORIZE THE ENTERING INTO A RECREATIONAL LICENCE AGREEMENT WITH ONTARIO HYDRO, OUR FILE: L04.ON Please find enclosed four copies of the Recreational Licence duly executed by the Mayor and Clerk. Will you please make arrangements to forward the agreements to Ontario Hydro for their signature and return one original copy of the agreement to the undersigned at your earliest convenience. J, . . . Marie P. Knight, A.M.C.T. , CMM Deputy Clerk MPK/hj attachments THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON t ° Memorandum To: Cynthia Strike, Planner, Strategic Planning Branch From: Marie Knight, Deputy Clerk Date: May 31, 1995 Subject: BY-LAW 95-74, A BY-LAW TO AUTHORIZE THE ENTERING INTO A RECREATIONAL LICENCE AGREEMENT WITH ONTARIO HYDRO, OUR FILE: L04.ON Please find enclosed four copies of the Recreational Licence duly executed by the Mayor and Clerk. Will you please make arrangements to forward the agreements to Ontario Hydro for their signature and return one original copy of the agreement to the undersigned at your earliest convenience. , Marie P. Knight, A.M.C.T. , CMM Deputy Clerk MPK/hj attachments