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HomeMy WebLinkAbout97-264 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 97-264 Being a By-law to authorize an agreement between the Corporation of the Municipality of Clarington and Her Majesty the Queen in Right of Ontario as represented by the Chair of the Management Board of Cabinet for permission to Enter and Construct on the Waste Transfer Station Site location described in Schedule A to the Agreement. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Council confirm authorization of the agreement between Her Majesty the Queen in Right of Ontario as represented by the Chair of the Management Board of Cabinet signed by the Chief Administrative Officer on behalf of the Mayor and Clerk. 2. THAT this agreement attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this 15 day of December, 1997. By-law read a third time and finally passed this 15 day of December, 1997. NaYOR '` CLERK I N00625 PERMISSION TO ENTER & CONSTRUCT HER MAJESTY THE Q�EN' in right of Ontario, as represented M�'emeut Board of Cabinet (hereinafter called the "Grantor ), The Char of the Lot 1, Broken Front Concession, in tlae Municipality of Glaring on,�(formerly wner of Part of Darlington), in the Regional Municipality of Durham, consisting of approximately Township 3.097 c of and being more particularly described in Schedule "A" attached hereto hereb y acres CORPORATION OF THE MMCIpALITY OF CI, y grants to THE "Grantee") its employees APUNGTON (hereinafter called the Grantor's land (hereinafter an ' agents, consultants and contractors permission to enter the construction and of awasteetransfes ) for the purpose of site preparation for the r station (the "Works"). 1. This grant of Permission to Enter (hereinafter called the "Permission.") shall be u terms and conditions contained herein. pon the 2• The Grantor and the Grantee have entered in an Agreement (hereinafter called "Agreement") with respect to the Lands f the Grantor. and Sale 3. This Permission shall expire on the date of closing of the said Agreement. 4. In the event that the Grantee fails to Complete this said Agreement with the Grantor, the Grantee shallatr}itscown expense, rem closing of the ove the constructed by it as provided for in this Permission and shall restore the LandWorks to its condition prior to the construction of the Works, to the satisfaction of the Grantor. 5• Upon acceptance of this Permission by the Grantor, the Grantee, its employees, contractors, consultants and invitees, shall have the right to enter upon the Lands agents fo the purpose of undertaking and occupying the Works. or the 6. All Works will be constructed at the sole expense of the Grantee, 7. The Grantee shall maintain the works in a state of good repair at all times. 8.% The Grantee shall comply with all provisions of law, including without limitation and provincial legislative enactments, municipal by-laws, and any other government or municipal regulations which relate to the Works being constructed. or 9. The granting of this Percussion in no way constitutes a release for caused by the said Works and the Grantee's occupancy of the Lands and theetGrantee agrees to save harmless and indemnify the Grantor from any and manner of actions, causes of action, costs, claims or demands, arising out of loss) damage or injury sustained by a person or persons or by the Grantor which would not have arisen but for the said Perniission, including loss of life to person ar persons and the Grantor reserves the ri ht to claim 'eompensation-at any time such damage becomes known to the Grantor. g _ — 2 10. The Grantee shall make all payments and take all steps as may be necessary to ensure that no lien is registered against the Lands as a result of any work, services or materials supplied to the Grantee or the Lands. The Grantee shall cause any such registrations to be discharged or vacated immediately after notice from the Grantor or within ten (10) days after registration, whichever is earlier. The Grantee shall indemnify and save harmless the Grantor from and against any liabilities, claims, liens, damages, costs and expenses, including legal expenses, arising in connection with any work, services or material supplied to the Grantee or the Lands. If the Grantee fails to cause any such registration to be discharged or vacated as aforesaid then, in addition to any other rights of the Grantor, the Grantor may, but shall not be obliged to, discharge the same by paying the amount claimed into court, and the amounts so paid and all costs incurred by the Grantor, including legal fees and disbursements, shall be paid by the Grantee to the Grantor forthwith upon demand. 11. The Grantee agrees to take out and maintain at its own expense comprehensive public liability and property damage insurance, including personal injury liability, contractual liability and owners and contractor's protective insurance coverage with respect to its occupation and use of the Lands in an amount not less than Two Minion Dollars ($2,000,000.00) and to keep such insurance in force during the duration of this Permission and its occupancy and use of the Lands. The Grantee shall furnish to the Grantor two (2) certified copies of such policy of insurance or other evidence of insurance acceptable to the Grantor naming the Grantor as an additional insured and including a cross liability . endorsement prior to and as a condition of commencement of construction of the Works. All policies shall contain shall contain an undertaking by the insurers to notify the Grantor in writing not less than thirty (30) days prior to any material change, cancellation or termination thereof. The Grantee agrees that if it fails to take out or keep in force the required insurance then this Permission shall be terminated and at an end and the Grantee shall remove its equipment, vehicles and construction materials from the Land and shall restore the Lands to its former condition prior to the commencement of construction of the Works to the satisfaction of the Grantor, 12. This permission shall not confer upon the Grantee nor constitute possession of the Lands and the Grantee's entry on the Lands pursuant to this Permission shall be limited to the Purposes set out herein. 13. Any notice under this Agreement is sufficiently given if delivered personally or if sent by ordinary prepaid mail or prepaid courier or facsimile to the Grantee at: 40 Temperance Street Bowmanville, Ontario L1C 3A6 Attention: Don Patterson Telephone: (905) 263-2291 -3- the Grantor at: c/o Ontario Realty Corporation Real Estate Branch 777 Bay Street, 15th Floor Toronto, Ontario M5G 2E5 Attention: Paul Salerno, Marketing Co-ordinator, Institutional Marketing Section Telephone: (416) 585-6751 Facsimile: (416) 585-7577 IN TESTIMONY WHEREOF the Grantee has executed this Agreement. i THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON , 1 14 - S--0c� wcc� Accepted by the Grantor on the day of ,1997. , HER MAJESTY THE QUEEN, in right of Ontario, as represented by The Chair of the Management Board of Cabinet Authorized Signing Offices Schedule "A" All that portion of Lot 1, Broken Front Concession in the Township of Darlington in the Regional Municipality of Durham having an area of 13.097 acres, more or less, and shown on a Tian of Survey P-2695-81 attached to Instrument Number N23893 and being more particularly described as follows: PREMISING THAT all bearings herein are Astronomic, derived from the centre line of construction of the Kings' Highway Number 401 shown on Plan P-2695-54 and are referred to the meridian passing through the intersection of the divided highway and the line between East Whitby and Whitby Townships in longitude 78 degrees 53 minutes 45 seconds West; COMMENCING at a point, marked by a monument, in Lot 1, Broken Front Concession, which may be located by starting at the north-west corner of Lot 1 and the following courses and distances: (1) south 17 degrees 39 minutes East, 2239.91 feet; and (2) north 70 degrees 41 minutes 30 second East, 541.20 feet to the point of commencement, THENCE North 17 degrees 38 minutes West, 10.0 feet, more or less, to a wire fence existing in January, 1964; THENCE North 17 degrees 38 minutes West along the wire fence 702.50 feet, more or less, to a monument; THENCE North 17 degrees 38 minutes West, 20.0 feet; THENCE North 72 degrees 48 minutes East, 20.0 feet, more or less, to a monument; THENCE North 72 degrees 48 minutes East, 743.0 feet, more or less, to a monument; THENCE North 72 degrees 48 minutes East, 20.0 feet, more or less, to the easterly limit of Lot 1; THENCE South 17 degrees 34 minutes East along the easterly limit 20.0 feet, more or less, to a monument; THENCE South 17 degrees 34 minutes East continuing along the easterly limit 704.49 feet, more or less, to a monument in a wire fence existing in January, 1964; THENCE South 72 degrees 18 minutes West along the last mentioned wire fence 771.19 feet, more or less, to a wire fence existing in January, 1964; THENCE South 72 degrees 18 minutes West, 12.0 feet, more or less, to the point of commencement.