HomeMy WebLinkAbout97-171 t
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 9 7- 171
Being a By-law to authorize the exeution of an
Amended and Restated License Agreement between
The Corporation of the Municipality of
Clarington and Ontario Hydro
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY 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, an Amended and Restated
License Agreement between Ontario Hydro and the Municipality.
2 . THAT the Amended and Restated License Agreement, attached
hereto as Schedule "A" , forms part of this By-law.
BY-LAW read a first and second time this 7th day of July, 1997 .
BY-LAW read a third time and finally passed this 7th day of July,
1997 .
MAYOR
CLERK
THIS AIVIENDED AND RESTATED LICENSE AGREEMENT made in duplicate as of this
20th day of August, 1997.
BETWEEN:
ONTARIO HYDRO
(hereinafter referred to as the "Corporation")
OF THE FIRST PART
-- and --
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(hereinafter called "Clarington")
OF THE SECOND PART
WHEREAS, the Corporation and The Corporation of the Town of Newcastle (the "Town")
entered into an Agreement dated March 22, 1977 (hereinafter referred to as the "Newcastle
Agreement"), with respect to the social, economic and financial impacts on the Town arising out of
the construction and operation of the Darlington Generating Station (hereinafter referred to as the
"Station");
AND WHEREAS, the Newcastle Agreement provided that the Corporation would compensate the
Town for those financial impacts undergone by the Town as a result of the construction of the
Station which include the cost of advancing community facilities and providing such community
services as recreational activities;
AND WHEREAS, data was collected regarding impacts on recreational activities provided by the
Town and all parties agreed upon an assessment of the increase in demand placed upon these
recreational facilities and services by the inflow of Darlington construction workers and their
families, and it was deemed necessary to advance funds to advance construction and installation of
tournament quality soccer facilities in the Town in accordance with the provisions of the Park
Licence Agreement dated June 1, 1991 and effective June 1, 1990 (the "Park License"), a true
copy of which is annexed hereto as Schedule "A";
AND WHEREAS Clarington (as a successor in interest to the Town) did execute a Letter
Agreement dated May 31, 1996 (a copy of which is annexed hereto as Schedule "B") amending the
Park License so as to reflect Clarington as the successor in interest to the Town and so as to
reconfirm the boundaries and limits of the licensed lands, as such term is used in the Park License;
AND WHEREAS Clarington has requested that the boundaries of the licensed lands be further
expanded so as to include additional lands upon which Clarington proposes to construct additional
tournament quality soccer fields at its sole cost and expense, subject to the terms herein;
- 2 -
AND WHEREAS for greater certainty the Parties wish to amend and restate the Park License, as
amended by the Letter Agreement dated May 31, 1996, so as to provide for the extension,
confirmation and restatement of the boundaries of the licensed lands and to further provide for the
rights and obligations of the Parties in connection therewith;
NOW THEREFORE THIS AGREEMENT WITNESSETH, that in consideration of the
covenants hereinafter contained and for other good and valuable consideration, the Corporation and
Clarington hereby agree as follows:
1. The Parties acknowledge, covenant and confirm that the licensed lands (sometimes referred
to herein as "licensed lands", "Lands" and "said lands") shall be comprised of those lands
and premises outlined in red on the plan annexed hereto as Schedule "C".
2. The Corporation agrees to haul and deliver to the licensed lands, to be placed and deposited
thereon in a location to be mutually agreed by the Parties, sufficient top-soil as in the
opinion of the Corporation may be reasonably necessary and adequate to facilitate the
sodding and seeding activities of Clarington as described in section 3 immediately below.
3. Clarington agrees that following delivery of the aforementioned top-soil by the Corporation,
Clarington shall be responsible at its sole cost and expense for the performance of all
grading, seeding, sodding and other improvements necessary for the installation and
maintenance of three (3) tournament quality soccer fields on that portion of the licensed
lands as shown cross-hatched in black on the plan annexed hereto as Schedule "C".
4. The Parties agree that save as expressly amended herein the rights of the Parties in respect of
the licensed lands shall be governed by the terms and conditions annexed hereto as Appendix
"A"
5. The Parties confirm that the foregoing recitals are true, both in substance and in fact, and
form part of this Amended and Restated License Agreement as if set out herein.
6. The Parties agree that the lands outlined in green on the plan annexed hereto as Schedule
"C" are designated as a registered land fill site and as such are excluded from the licensed
lands herein , and neither the Licensee nor any member of the public shall enter thereon, or
be permitted to enter thereon, for any reason or purpose whatsoever. The Licensee
covenants with the Licensor, at the licensee's cost and expense, to take all reasonable steps
(i.e. signage, driveway design, parking design), as agreed between the Licensor and
Licensee, during the soccer season (Mayl to October 15), to prevent any person or persons
from entering the land fill site.
- 3 -
IN WITNESS WHEREOF the Corporation and Clarington have caused this Agreement to be
executed by the affixing of the Corporate seals attested by the signatures of their proper officers
duly authorized on their behalf.
ONTARIO HYDRO
I � r
Na e:
Title: G7G I have authority to bind the
Corporation
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Na Mari P. ni ht
Title: Deputy erk
I have authority to bind the
Municipality
i
Name: Diane Hamre
Title: Mayor
I have the authority to bind the
Municipality
APPENDIX "A"
1. For the permission granted hereby the Licensee shall pay to the Licensor the sum of one
dollar ($1.00), the receipt whereof is hereby acknowledged.
2. The term of this Licence is fifty (50) years from June 1, 1990.
3. This Licence and the permission granted hereby may be revoked and cancelled in whole or
in part by the Licensor if the said lands are required by the Licensor for its purposes (or by
Municipal, Provincial or Federal authorities) upon giving to the Licensee one (1) 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, including
landscaping of the Lands made by or for the Licensee whether before or after the date as of
which this Licence is made, depreciated by the straight line method from the date of
installation of each improvement to the end of the term as herein set out. It is agreed that
the capital cost of improvements including landscaping made by or for the Licensee as of
thedate of this amended and restated Licence Agreement is $140,000.00. Any future
landscaping approved by the Licensor will be considered an improvement for the purposes
of this paragraph.
4. The Licensee may permit members of the public to use the said lands for the purposes set
out in accordance with the terms hereof, but this Licence and all rights granted hereby shall
not be assigned by the Licensee and it shall be and remain the responsibility and obligation
of the Licensee to enforce adherence to the terms and conditions herein contained by any
such persons. The Licensor recognizes that the Licensee intends to control access of the
public to the use of the Lands.
5. If in the opinion of the Licensor the Licensee does anything or permits anything to be done
on the Lands which may be a nuisance or cause damage, the Licensor shall notify the
Licensee of such activity. The Licensee shall have thirty days in which to remedy such
nuisance.
6. All property of the Licensee or members of the public at any time on the Lands shall be at
the sole risk of the Licensee or members of the public as the case may be, and the Licensor
shall not be liable for any loss or damage thereto, however occurring. The Licensee releases
the Licensor 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 the Licensor, its servants or agents.
7. The Licensee 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 Lands by the Licensee or members of the public and the Licensee
shall at all times indemnify and save harmless the Licensor from and against all such loss,
damage or injury and all actions, suits, proceedings, costs, charges, damages, expenses,
claims or demands arising therefrom or connected therewith; provided that the Licensee
shall not be liable Linder this paragraph to the extent to which such loss, damage or injury is
caused or contributed to by the neglect or default of the Licensor, its servants or agents.
8. The construction of any building and structures, the installation of equipment and recreation
facilities, and any grading and the planting of trees, must first receive the approval of the
Licensor.
9. The Licensee shall comply with the Design Standards of the Transmission and Distribution
Projects Division of the Licensor, Canada Standards Association Standards C-22.3, the
'Safety Rules and Standards Protection Code' of the Licensor, The Occupational Health and
Safety Act, S.O. 1978 and any amendments thereto and any regulations passed thereunder
when using heavy equipment during any construction or maintenance.
10. The location and plans of any area or areas for the parking of motor vehicles must have the
prior approval of the Licensor. Except for the parking of motor vehicles in such designated
areas, all motorized vehicles and equipment other than those of the Licensee used for
maintenance purposes shall be prohibited.
11. The Licensee shall prohibit kite flying and model aeroplanes flying and any other activities
which, in the opinion of the Licensor, might interfere with the safe and efficient operation of
its works and shall post signs in suitable locations on the Lands stating that kite flying and
model aeroplane flying and other activities are prohibited.
12. The Licensor may at any time upon reasonable notice, or in case of emergency without any
notice, enter on the Lands and inspect, maintain, repair and remove any of its works located
thereon and may construct, maintain, repair and remove any new works on the Lands.
13. This License and the rights granted hereby shall be subject to all registered leases, licenses
or any rights of use or occupation existing at the date hereof, and the Licensor may from
time to time renew or extend or make new ones so long as they do not interfere
unreasonably with the rights granted hereby.
14. The Licensee shall maintain the said lands 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 said lands or any of the Licensee's
installations thereon be fenced it shall be done at the expense of the Licensee.
15. 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 said lands and restore the said lands
to a condition satisfactory to the Licensor.
16. The Licensee shall at all times during the period of this Agreement maintain and pay for
Public Liability and Property Damage insurance with limits of at least $2,000,000 inclusive
or such other limits as otherwise adjusted as set out below or as mutually agreed from time
to time. Such insurance shall (1) name the Licensee and Licensor as insured parties, (2)
contain a Cross-Liability clause, and (3) specify that it is primary coverage and not
contributory with or in excess of any insurance coverage maintained by the Licensor. The
Licensee shall provide evidence of such insurance to the Licensor upon request.
Unless otherwise agreed by the parties,
(i) on the fifth (5th) anniversary date of this Agreement the $2,000,000 limit
shall be increased by the percentage increase that the Canadian Price Index,
Toronto index (CPI) has increased during the immediately preceding five (5)
year period, and
(ii) on every successive five (5) year date thereafter, the adjusted limit shall be
further increased by the percentage increase that CPI has increased during
the relevant five (5) year period.
17. Permission is hereby given by Ontario Hydro to Clarington to use the Lands shown on the
sketch attached hereto for the purpose of recreational soccer and associated parking lots and
facilities only, subject to the terms and conditions set out herein.
18. For the purposes of calculation of time and all anniversary dates referred to herein, the
Parties agree that the effective date of this License agreement shall be June 1, 1990.
_,. , ,,, o: a; '•�GIC-5'3i ill
PAGE a2
DARE. TNGT
SCHEDULE "A"
THIS AGREE �
MENT made in duplicate as o[this Ist day
of June, !!
BE'IlirE�;N, , 1.
ONTARIO HYDRO
(hereinafter referred to as the Corporation')
OF THE FIRST PART
and -
THE CORPORATION OF THE TOWN OF NEWCASTLE
(hcreinafte.r called the 'Town,,)
OF THE SECOND PART
WHEREAS, the Corporation and the Town have entered into an Agreement
(hereinafter referred to as the Newcastle Agreement), with respect to the a 0 c
and financial impacts arising out of the construction and operation of th
P social, economic
Generating Station (hereinafter referred to as the Station)operation
the Towne Da'�agton
22,1477; dated March
AND V4MREAS, The Newcastle Agreement provides that the Corporation e
to compensate the Town for those financial impacts undergone sus' es
the construction of the Station which include the cost of advancing comrnuni
$ by the ?own as a result of
providing such community services as reactional activities; tY facilities and
AND WHERF.A9, data has been collected regarding impacts on re
provided by the Town and all parties have agreed upon an assessment of the act�hties
demand placed upon these recreational faclixtics and services by the inflow a mere in
construction workers and their families, it is d ties a �necess to a f DarlhWon
construction and installation of tournament, quality soccer facilities �s to �
accordance with the provisions of the park Licence attached hereto as to
Appendix "A";
herein NOcr�contgin THEREFORE'oWITNESSM, that in consideration of the eMMU
the Town here agree her good and valuable consideration, the Corporation and
h}' g as follows: •
1. The Corporation agrees to pay to the Town from Station Account.-B-
against invoices submitted up to a total of $140,000.00 in respect of tbe EmaneW
�P$� incurred by the Town fa advancing construction and '
tournament quality soccer fields on Ontario Hydro lands in the To o Netipstle
2. 716 Corporation agrees to grant to the Town permitting the Town to c
aforementioned tournament quality soccer fields and onatruct and
and facilities in accordance with the provisions of the Park Licence aattRchparking hereto
as Appendix A,
3. Prior to access to the licensed lands, it is agreed that:
(a) the parties will execute the Park Licence, and
(b) tht Tovm will provide the Corporation the necessary evidence
referred to its the Park Licence. �Y ence of insurance
NkLINGTON TNF" ..... ..............
PAGE 03
The rcd �'
tats mcutioncd in the Agreement from part of this Agreement,
IN Wr"q SS WHEREOF the Corporation and the Town have be executed by the affixing of the Cd caused this A.greemeat to
Officers du authorized gate scats attested by the signaturr� of their proper
�Y on their �b�
An
ONTARIO HYDRO
--- WtUjt A sta Secretary
CORPORATION
E TOWN OF CASTLE
ayor f
1,, r,y,- ;i�li�
OARL I NGTn-4 I NFh, ...............
j PAGE 04
APPENDIX A 'r
1. For the pernmi-Won granted hereby the Licensee shalt a
Of one dollar, the receipt whereof is hereby acknowledged.
p Y to the I�cermr the SUM
21 7be term of this Ucenoe is nftY Years from June It 1990,
3. ?his Licence and the
whole or in PerrnLWon granted hereby may be revoked and cancelled in
w
purposes or P� by the licensor if the said lands are required
( by Municipal, Provincial or Federal authorities upon the Licensor for its
one years notice in writing and in such event the Licensor shall pay giving to tens L'as NU
compensation an amount equal to the capital cost of an L.uensee as fttu
landscaping of the Lands made by or for the Licensee whether before including
of which this Licence is made, depreciated fore or after the date as
installation of each improvement to the end of the the line method from the date of
'the capital cost of improvements including landscaping made b o
day as of which this Licence is made • herein set out. It is agreed that
.the Licensor will is considered an a is $140,000-00. Y r for the Licensee to the
for the purposes of this' approved by
4• The licensee may Paragraph.
y permit members of the public to use the said lands for the
Purposes set out in accordance with the tests hereof, but this Licence and
hereby shall not be assigned by the Licensee and it shall this
an all rights granted
and obligation of the Licensee to enforce adherence to the terms and the responsibility
contained by any such persons. The Licensor recognizes that the nd. conditions herein
control access of the public to the use of en Lands,
Licensee intends to
If in the opinion of the Licensor the Licensee does an bin o
be done on the Lands which may be a nuisance or cause damage,
the Licensee of such active � 8 r Permits anything to the
nuisance,
activity. The; Licensee shall have thirty days n which toore,med such
Y
6. All Property of the licensee or members of the public at an
shall be at the sole risk of the Licensee or members of the public as Y utne on the Lands
the Licensor shall not be liable for any loss or damage thereto the case may be, and
Licensee releases the Licensor from all claims and demands in respecter occurring. 'me
damage, except and to the extent to which such loss or damage is catl� of any such loss or
by the neglect or default of the Licensor, its servants or caused or contributed to
agents.
7• The Licensee shall assume alp liability �$ obligation for an
or injury, including death, to Persons or roe Y and all lost, damage
of the use and occupation of the Lands by the L1'ceasee oPpmembca result of or arlaes out
Lacensee shall at all times rode members of the public and the
such loss, damage, or in mn* and save harmless the Licensor from and an
jury and all actions suits, proceedings, against
expenses, claims or demands arisin costs, Charges, damages,
Licensee shall not be liable under this earn°m or connected therewith; provided that the
or injury is caused or contributed to by the neglhcct of default of w � such doge,
or agents. the Licensor, its servants
S. 'nc comtructiOn of any building and structures, the installation
recreation facilities, and any grading and the planting of trees, must f equipment and
3PPr�al of the, Licensor, Snt receive the
p• The Licensee shall comply P y with the Design Standards of the Tramm�ion send
Distribution Projects Division of the Licensor,
Canada Standards As
22.3, the `Safety Rules and Standards Protection Code' of the Lice Association Standard= al
Health and Safety Act, S.O. 1978 a.nd lace, Tlu occupational
thereunder when using heavy equipffieni during amendments thereto and any regulations passed
any construction or maintenance.
10. The location and plans of an
have the prior approval of the Licetuor�a or areas for the parking of motor vehicles ,must
deliginated areas Except for the parking of motor vehicles in sucb
all motorized vehicles and equipment other than those of the Uc etuce
used for maintenance purposes shall be prohibited.
11. The LiCen3cc shall prohibit tale flying and model aero lanes flying YES and any other
DARLINGTON INFn PAGE 05
activities whicb in the pinion of the Licensor might interfere with the aefe and efficient
operation of its works and shall pest signs in suitable locations on the Lands stating that
kite flying and model aeroplane flying and other activities are prohibited.
12. The Licensor may at any time upon reasonable notice or in case of emergency
without �Y notice enter on the Lands and tn.4pect, tttaint�n, repair and remove works located thereon and may construct, maintain, repair and remove any new worlu on
the LAnds.
13, This LJcense and the rights granted hereby shad be subject to all rooter ed leases
licenses, or any rights of use or occupation existing at the date hereof, and the Licensor may
from time to time renew or extend or make new ones so long as they do not interfere
unreasonably with the rights granted hereby.
14. The Licensee shall maintain the said lands and any of the L.icensee's installations
thereon in a neat and tidy condition satisfactory to the Licensor. In the event the Licensor `
considers it necessary that any pan or parts of the perimeter of the said lands or any of the
Licensee's installations thereon be fenced it shall be done at the expense of the Licensee,
15. Upon termination of this Licence. the Licensor may require the Licensee at its own
expense to remove any of its in and facilities from the said lands and restore the
said lands to a condition satisfactory to the Licensor.
16. The Licensee shall at all times during the period of this Agreement maintain and
for Public Liability and Property Damage insurance with limits of at least �2�p()p Opp
inclusive or such other limits as otherwise adjusted as set out below or as mutually a reed
from time to time. Such insurance shall (1) name the Licensee and Licensor as insured
parties, (2) contain a Cross Uabiliry clause, and (3) specify that it is primary coverage and
not contributory with or in excess of any insurance coverage maintained b the Licensor.
The Licensee shall provide evidence of such insurance to the Licensor upon request.
Unless otherwise agreed by the parties
W on the iGfth a=Iversary date of this Agreement the S2,000,000 limit shall be
increased by the percentage increase that the Canadian Price Index, Toronto
index (CPI) has increased during the immediately preceding five year period,
and
(ii) on every successive 5 year date thereafter, the adjusted limit shall be further
increased by the percentage increase that CPI has increased during the
relevant Eve year period.
17• 'fie Licensee acknowledges and a$�ees that the Licensor may appropriate
a8t %avoices submitted up to a total of 5140, y pp °prate amounts
is the Newcastle 000 from Station Account "Bo provided for
in the Agreement in respect of the financial impact incurred by the Town is
advancing constructiun and installation of tournament quality soccer fields on the Lands;
18. Permission is hereby given by Ontario Hydro to Newcastle to use the Lands shows
on the sketch attached hereto for the purpose of reactional S=er and associated
lots lots and facilities ottly, subject to the terns and conditions set out herein, p $
THIS LIC'ENcE MADE as of this 1st day of June, 1991
M/ 1 1111 r, ciR 17 5U5-697 5 t n
GARLIM3TOP-1 It-11 ";.. PAGE: k16
rN w 'US WHEREOF the Parties hereto have caused this Licence to be exemted
�" affxiag of the Co rate seals attested by the si�riatures of their proper offiexn duly
authorized on their behalf. y
THE CORPORATION OF THE TOWN OF NEWCASIU
eyor
ONTARIO HYDRO
k4ary Abxiatant. Secretary
%RLINGTnN INS
? PAGE 02
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SCHEDULE "B" JUIN 0 1
l i�aiJtJiC�Pt�!.t1 �^^,.,a},l�;uTrEty
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Real Estate Division HLC 010 ,700 University Ave, Toronto, Ontario M5G 1X6
Phone: (705) 7 28-6391; Telecopier(705) 728-3569
May 31, 1996
Municipality of Clarington File:Maplecliff House
Mr. Franklin Wu
Director of Planning and Development
40 Temperance Street
Bomanville, Ontario
L1C 3A6
Dear Sir:
IZC. Amendment to Ontario Hydro Land License
dated June 1, 1990, respecting the licensing
of certain Soccer Fields and associated
parking lots and facilities, being part of
Ontario Hydro Darlington Lands (the
"License")
Whereas Ontario Hydro, as Licensor, and The Municipality of Clarington (as successor in
interest to The Corporation of the Town of Newcastle), as Licensee, are
re
agreement des � presently parties to
the License a
g described above for the lands and facilities described
therein
and for
greater certainty have agreed to confirm the substitution of The Municipality of Clarington
as Licensee under the License agreement and to confirm that the lands and premises adjacent
to the licensed land �
s and being composed of a Century Home known as "Maplecliff House"
are not now and never have been intended by the parties to form part of the licensed lands as
described in the License.
Now therefore the parties, by execution of this letter agreement, and for other good and
valuable consideration, (the receipt and sufficiency of which is hereby acknowledged), do
hereby covenant, confirm and agree as follows:
1. That all of the right, title and interest of The Corporation of the Town of Newcastle
in the License Agreement dated June 1, 1990, has been transferred, assigned and
assumed by The Municipality of Clarington as a successor entity to the original
Licensee.
2. That The Municipality of Clarington hereby covenants and agrees as Licensee to
observe and perform all of the terms, covenants and conditions of the License in all respects
as if it were the original party to the License.
3. That Ontario Hydro hereby accepts The Municipality of Clarington in place of The
Corporation of the Town of Newcastle as the substituted party to the License, and
agrees with The Municipality of Clarington to be bound by the terms of the License
in all respects as if The Municipality of Clarington had been originally named in the
License as the Licensee in place of The Corporation of the Town of Newcastle.
4. The Municipality of Clarington as Licensee and Ontario Hydro as Licensor hereby
covenant and agree that the lands and premises adjacent to the licensed lands described
in the License, and such adjacent lands being composed of a Century Home known
as "Maplecliff House", including the lawns and gardens immediately surrounding
Maplecliff House (all as shown cross-hatched on the plan attached to this letter
agreement), are not now and never have formed part of the licensed lands as described
in the License.
In witness whereof the parties hereto have duly executed this letter agreement as of the year
and date first above written.
ONTARIO HYDRO The Municipality of
Clarington
Per: �', (�;`�,�, ;�,�,: i
' ��— . Per:
Randy Jacks n
Senior Rd`al- t�'te ssociate I have authority to bind
�- the
I have authority to bind the corporation Municipality
i
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