HomeMy WebLinkAboutWD-50-971`;' ';
THE CORPORATION OF THI
nn wt~efu_t
REPORT
OF
Meeting: GENERAL PURPOSE- AND ADMINISTRATION COMMITTEE File# ~~
Res. # -
Dater JULY. 7, 1997 ey-Law#~~~
Report#: *-~_~~ File.#:
Subject: AMENDED AND RESTATED LICENSE AGREEMENT TO FACILITATE. NEW
SOCCER FIELDS AT DARLINGTON GENERATING STATION
Recommendations:
It is respectfully recommended that. the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report WD-50-97 be received;
2. THAT Council pass the attached By-law (Attachment No. 3)
authorizing the Mayor and Clerk to execute the Amended and
Restated License Agreement containing terms and conditions
satisfactory to the Chief Administrative Officer and Director
of Public Works, adhering substantially to the content of the
amended and restated License Agreement contained in Attachment
No. 2 to this report; and
3. THAT Ontario Hydro and Darlington Youth Soccer League be
advised of Council's decision.
REPORT
1.0 ATTACHMENTS
No. 1: Key Map
No. 2: Amended and Restated License Agreement
No. 3: Proposed By-law
o.o.~w~®a.~.~«E 1 161
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RSrPSi R=P No. s ~iD-SOw97 PA68 .. 2
2 U BAC1CaROIIATD
2.1 $g~~°j{°~--*~t Dated Masc,-h 2~ 1977
'fhe Corporation of the Town of-Newcastle and 4ntario;Hydro
entered into an Agreement, dated March 22 1977, with respect'
to the. social, economic and financial impacts on the Town
arising ;:out. of the. construction and.' operation o€ the ;
Darlington Generating Station. This agreement provided that
QntariorHydro would compensate the Town for thane financial
impacts undergone by the Town as a result of the construction
of the station which includes the cast oE'advancir~ community .
facilities and .providing such community services as
recreational activities.
2.2 ~S~,~ed DemaDB Placed IIACn Ptacreatioaal Paailities
ATl parties agreed upon an assessment of the ncr-ease in
demand placed upon recreational .facilities. and services by the..
n,€low of Darlington construction workers and their families;
and iC was deemed necessary to provide €unds-to atlvanee
construction. and installation of tournament quslity soccer
facilities in the Town in aGeordance with=the pzovisons of
the. Park License Agreement dated June ,i, 199T (the pPaxk
Licettae".effective June i, 199Q)•
2.. 3 Lstt~ n,,,-ems A=+sngi as Pax1~Li cease
The Municipality of Clarington executed a Letter Agreement,:..
dated May 3i, 1996, amending the Park License so a~ to reflect
the Municipality:of ~larington as the successor in i~~sterest to
the Town of Newcastle-and so as to reconfirm the boundaries
and limits of 'the- icensed ands, as such. team is used in the:
~ Park License. ,
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2 , ¢ R'YT1ATtI Ant.xid~A,a+3 as of Liceaasd Laud
Through diaeusaione with the Darlington Youth Soccer League
{DYSL), the Municipality of Clarington has requested to
Ontario Hydro that the .boundaries of the licensed 1as3ds be
further expanded so as to include additional lands upon which
to construct additional tournament quality soccer fields. The
DYSL has proposed to the Municipality .that they would be
.prepared to construct these additional fields at its sole. cost
and. expense,. subject to the Municipality aaautc~ing the
maintenance of these additional fields. Ontario Hydro has
~' already completed the .rough grading of tlae new soccer €elds
in order to provide a,site to dispose of topsoil which.Chey
had available from other activities within the Darlington
Station site.` The DYSL are awaiting confirmation from the
Municipality that we will assume future maintenance
reapansibilitea before they proceed to final grade, seed, and
and make final preparations for the fields.
For greater certainty, Ontario .Hydro and the Municipality 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. A copyof the original Park License and
.Letter Agreement are included. as part of Attachment No.' 2.
3.0 R8VIE4P AND COM~LSNT
3.1 ~»onort by Municicslfty of the Proposal
The Public Works Department is in support of the propoeal by
:the Darlington Youth .Soccer League, whereby, they would
construct the new tournament soccer fields in return for the
Municipality assuming future maintenance reaponsib3lites. In
addition, Ontario. Hydro has agreed. to haul and deliver
sufficient topsail to the licensed land to facilitate the
._ 1163
t Y-
1t~PORT NU. t i4D-50-97 F~38 4
construction of the new fields. This is a perfect example of
the type o£ cooperative effort which can be achieved between
.the Municipality, local community groups and_ our large
industrial partners.
3.2 DTM.~.~.~ aad Restated License Agreement
It is agreed that.. Ontario Hydro and the Municipality of
Clarington will-have to enter into an amended and restated
License Agreement so as to provide for the extension, ,
"confirmation and restatement of the boundaries of Che licensed
lands and to further. provide for the rights. and obligations of '
the parties. The Real Estate Services Division of Ontario"
hydro has provided-us with draft copies of the amended License
Agreement, which will have to be executed by the Municipality
prior to any work being carried out by either the.DYSL or the
Municipality. Public Worksstaff has reviewed=this draft
document.
3.3 Registered L~#a~tJ 81te
Tn addition. to some observed. typographical errors, our.
Department's only concern relates to statements in the draft,
agreement relating to rights of access and liability
respecting°a registered landfill site, which exists within the
Darlington Station site adjacent. to the site af.the future
soccer fields. Staff at Ontario Hydro has confirmed that the
contents of the landfill site consist ofregular garbage and
.present no risk to human occupation of the area far any
recreational activities. Public works staff continues to
investigate .the preferred: wording of the agreement as it
relates to restricting entrance to the lands in question and
also the' liabilities".associated with these lands: Recent
discussions.: between Public Wo~'ks and staff at Ontario Hydro
have produced. encouraging results whereby the Municipality, as
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PBBtTRT H(?. s NE>-50-97 FAAt 5
occupier of the site, would be compelled to take.~aeona
steps to ensure that members of the public would not enter
upon the .lands designated as the registered landfill: site.
Antario Hydro .has expressed a desire that these ands would.
not be. fenced, in order .that the landfill site could be used
in future as a scenic drive and lookout.
4'.0 CONGLIISI02~
4.1 Recognizing that certain details still remain to be finalized
regarding the Amended and Restated License Agreement, it is
recommended that Council authority be received to execute a
new Lease Agreement, under terms and donditiona which are°
acceptable to the Chief Administrative Afficer and Director of-'
Public Works.
Respectfully submitted, Reviewed hy,
Stephen A. Vokes, P.Sng. W. H. Stockwell
Director of Public Works- Chief Administrative Afficer
3AV*ph
July 3, 199:7
Attachments
Antario Hydro
cJo Mr. Randy. I. Jackson, CRA
Corporate Real Estate Services
Ontario Hydro
.700 University Avenue
Toronto, ON M5G iS6
Darlington Yvuth Soccer League
cJo Mr. David Larsh
20 Rosalynne Crescent `'
$owmanville, ON .L1C 3X8
- 1165
CARTIER FREEWAY "" , , -
MACDDNALD o~,p~~°+ppo'
-~- SOUTH SERVICE R_ '. o b p~E°ETE
l9 ~ [SARK RC
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.. t/'LETIC FlRiESS TRACK
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(SOCCER ~' I
° a ° ~FIELDS~ ~ ~ PoE~
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EXISTING ~ a.~
SOCCER ° ~
FIELDS ~ ~~ ° • ~
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Z ~ 4 ° RESTRICTED AREA- ~~° /~ ° ~
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FORMER
SITE
DRAWN BY: J.R.M DATE; JULY 1997
REPORT NO. wn-so-9~
ATTACHMENT NO. 1
pARLINGT4N
NUCLEAR
GENERATING
STATION
KEY MAP
1i66
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW N0. 97-
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 HERESY 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
ATTACHMENT N0. 3
WD-50-97 '
- ~I~~
THIS AMENIJED AND RESTATED LICENSE AGREEMENT made in duplicate as of this _
_ day of May, 1997.
BETWEEN:
ONTARIO HYDRO
(hereinafter referred to as the "Corpmmtion")
OF T'HE FIRST PART
- and --
THE bIUiVICIPALITY OF CLARINGTON
(hereinafter called "Clarington")
OF THE SECOND PART
WHEREAS, [he Corporation and The Corpomton of the Town of Newcastle ([he "Town")
entered into an Agreement dated Mazch 22, 1977 (hereinafter referred to as the "Newcastle
Agreement"), with respect [o the social, economic and financial impacts on [he Town arising out of
the cons[mction and operation of the Dazlington 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 Dazlington construction workers and their
families, and it was deemed necessary to advance funds to advance wnstruction and installation of
toumament quality soccer facilities in the Town in accordance with the provisions of the Park
Licence Agreement dated Tune 1, 1991 and effective June 1, 1990 (the "Park License"), a tme
copy of which is annexed hereto as Schedule "A";
AND WHEREAS Clarington (as a successor in interest to [he Town) did execute a Letter
Agreement dated May 31, 1996 (a copy of which is annexed hereto as Schedule "B") amending the
Pazk 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 Claringron has requested that the boundaries of the licensed lands be further
expanded so as to include additional lands upon which Clarington proposes [o constmct additional
toumament quality soccer fields at its sole cost and expense, subject to the terms herein; ATTACHMENT N0. 2
~ ~ 6 8 WD-50-97
-2-
AND WHEREAS for greater certainty the Ponies wish to amend and restate the Pazk License, as
amended by the Le[ter 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 WITNFSSETH, 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 topsoil 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 topsoil 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 aze We, both in substance and in fact, and
form part of this Amended and Restated License Agreement as if set out herein.
6. The Parties expressly agree that the leads outlined is green on the plan annexed
hereto as Schedule "C" are designated as a registezed land fill site and as such aze
excluded from the licensed lands herein, and neither the Licensee nor any
member of the public shall en[er thereon, or be permitted [o enter thereon, for
any reason or purpose whatsoever. The Licensee covenants with the Licersor to,
at the Licensee's sole cost and oxpensc, take all steps trecessary, (including
without limitation all actions, works or measures as may be required by the
Licensor from time to time in its sole discretion}, to prevent any peraon or
persons from entering the lend fill site leads. The Licensee frrrther covenants
with the Licensor that the Licensee wHl forever release, indemnify and save
harmless the Licensor from any and all liability, (itultrding all liability associated
with or arising from personal injury or death), is the event of any enuy on the
land fill lands by the Licensee or any ntembcr of the public.
1i69
3-
IN WITNESS WHEREOF the Corporation and the Town have caused this Agreement [o be
executed by the affixing of the Corporate seals attested by the signatures of their proper officers
duly authorized on their behalf.
ONTARIO HYDRO
Name:
Title:
I have authority to bind the
Corporation
THE MLJNICIPALTTY OF
CLARINGTON
Name:
Tile:
I have authority to bind the
Municipality
I i
APPEA~IX "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 aze required by the Licensor for its purposes (or by
Municipal, Provincial or Federal authorities) upon giving to the Licensee one (1) yeaz's
notice in writing and in such event [he Licensor shall pay to [he Licensee as full
compensation an amount equal to the capital cost of any improvements, including
landscaping of [he Lands made by or for the Licensee whether before or after the date as of
which [his Licence is made, depreciated by the straight line method from the date of
installation of each improvement [o 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
June 1, 1991 was $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, [he 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 usk 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 azises 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 same hazmless the Licensor from and against all such loss,
damage or injury and all actions, suits, proceedings, vests, charges, damages, expenses,
claims or demands arising therefrom or connected therewith; provided that the Licensee
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 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 Standazds of the Transmission and Distribution
Projects Division of the Licensor, Canada Standards Association Standazds C-223, 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 Ir maintenance
10. The location and plans of any area or areas for the pazking of motor vehicles must have the
prior approval of the Licensor. Except for the pazking 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 kit flying and model aeroplanes flying and any other activifies
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 activifies aze prohibited.
12. The Licensor may at any dine 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
fime 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 [he 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 [he Licensee and Licensor as insure parties, (2)
contain across-Liability clause, and (3) specify that it is primary coverage and no[
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 fhe $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)
yeaz period, and
(ii) on every successive five (5) year date thereafter, [he 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 [o Clarington [o 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 [hat the effective date of this License agreement shall be June 1, 1990.
112
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aakr rt,r,rpv try '! _ aac,~ az
SCHEDULE "A"
TH(S AGREEMENT made la dupllcata as of this lat day of Jnae, lffl.
SEiWE1iNt
ONTARIO HYDRO
(hereinafter referred to u the Corporations)
and -
OF THE FIRST PART
THE CORPORATION OF THE TOWN OF NEWCASTLE
(hcreinafter called the Town")
OF THE SECOND PART
t'IRIERF.AS, the Corporation and the Town have entered into an Agreement
(hereinafter referred to az the Neweaztle Agreement), with respect to the social, eeonorttie
and financial impacts atisiag out of the cottstruttion and operation of the Darlington
Generating Station (hereinafter referred to u the Station) on the Town dated March
22,1977;
AND WHEREAS. The Newcastle Agreement provides that the Corporation agree
to compensate the Town for those finaaelal impacu undergone by the Town u a result of
the construction o(the Station which include the cost of advancing community facilities and
providing such community services az reactional attivities;
AND WHEREAS, data has been cullened regarding impacts on recreational activities
provided by the Town and all parties have agreed upoa en assesstaent of tha iaereasa In
demand placed upoa these recreational facilities and services by the inflow of Duktagton
eoastructioa workers and their [atailiea, it is deemed necessary to advance fun4a to advance
maatructioa and intttllatioa of tournament quallry soecu facilities in the Town in
accordantt with the provisions of the Park licence attached hereto u Appendl: •A ;
NOW, TfiEREFOR£, WITNESSETH, that fa consideration of Ust coveaapts
hereinafter contained and for other good and valuably coosideratioa, the Corporation and
Use Town hereby agree es follows:
1. 'I~e Corporation agrees to pay to the Town from Statloa Act:ount,•B• ataouatr
against invoices submitted upp to a total of 5140,000.00 In respect of the fiaancLl
impact incurred by the Towa fa advancing coaswction sad installation of
tournament quality soccer fields oa Oatarlo Hydro lands in the Towa of Neareutle.
2. The Corpotatioa agrees to grant to the Town peradttiag the Town to eomenrct sad
use the aforementioned tottmameat quality soccer fields sad assodated parking lots
and fatalities in accordance with the provision of the Park Rance attached hereto
as Appendix A,
3. Prior to access to the llceased lands, it is agreed that:
fa) the parties will execute the Park Lieentt, and
(b) Iht Town will nrrniA. ,~_ ,._____.:__ .~ .1 17 3
ns. .iqi l~i'if~ tiii; J° 9NF,-5?7 i:9
~~kUhIGTON TN~^ PCGE 03
'ILe redtats mentioned to the Ageement from part of thL A~esmenG
IN WI7PIESS VYffliREOF the Corporation aad the Town have nuaed thin Agreement to
be executed by the affixing o[ the CAtporate seals attested by the sigeaturea of their proper
offieara duly authorized on their behaif.
^~r..fF.r: ~-~:.,
~.~,.~^~,' !.'iY~ ONTARIO HYDRO
Y.T
Alai-sta Secretary
i't[EJCORPORATION
1174
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APPENDIX A
1. For the permission granted hereby the Littmee shall pay to the Licensor the swa
of one dollar, the receipt whereof u hereby at:lmowledged.
2. The term of this Littna h fifty years from Juan 1, 1990.
3. This Liceatt and the Permission granted hereby may be revoked and mnalled in
whole or in part by the I~cetuor if the aald lands ue required by the Licensor for its
purposes (or by Municipal, Provincial or Federal. authorities) upon giving to the L'atssee
one yea's notice in writing and in such event the Licensor shall pay to tha Licensee as lwll
compensation as 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 ss
of which this licence 1s made, depreciated by the straight line method from the date of
installation of each improvement to the end of the term u herein set out. It is agreed that
the capital cost of improvements including landscaping made by or for the Licensee to the
day az oP which this Licence is made is 5140,000.00. Any future landscaping approved by
the Licensor will be considered an improvement for the purposes of ehfs puagraph,
4. The Licensee may permit members of the public to use the said (ands for the
purposes set out in accordance with the tercels hereof, but this Licence and all rights granted
hereby shall not be azsigned by the Licctuee 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 Lieetuce intends to
control access of the public to the use of the Lands,
5. if in the opinion of the Licensor the Licenses does anything or permits anything to
be done on the Lands which may be a nuisance or cause damage, the Licemor shall notify
the Iiceruee of such aniviry. The licensee shall Lave 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 Licetssee or members of the public as the case may be, sad
the Licensor shall not be liable for any loss or damage thereto however occurring. The
Licensee releases the Licensor from all clalrns and demands In respect of any such loss or
damage, excep[ and to the extent to which such loss or damage is caused or contributed to
by the neglect or default of the Licetuor, its servants or agents.
7. The Licensee shall assume all liablliry and obligation for any and all loss, damage,
or injury, including death, to persons or property that happem as a result of or arises out
of the use and occupation of the Lands by the Licemee or members o[ the pablie and the
licensee shall at all times indetmify and save harmleu the Licensor from and against all
such loss, damage, or injury sad all actions, suits, proceedings, ousts, charges, damsges,
I.icensea shall~asot be li bledundueratbu P~Br Dh o the extent to which ~~ j~ dig e
or injury is caused or watdbuted to by the neglect or default of the Licensor, its servant'
or agents.
8. The eoastructioa of any building and structures, the installation of equipment sad
recreation facilities, and any grading and the planting of trees, must flnt receive the
approval of the Licensor,
9. '13e Licensee shall comply with the Ihsign Standuds of the Trammission sad
Distribution Projeeta Division of the licensor Canada Standuds Aasodatloa Standards G
72.3, the 'Safety Rates and Standards Ptotcaioa Code' of the Licensor, The Oentpational
Health and Safety qrt, S.O. 1978 and a~ ameadmenq thereto and any regulations paned
thereunder when using heavy equipment during any mnstruetioa or maiatenanee.
10. The Itxatioa and plans of any area or area for the panting of tnottu vehicles must
Gave the prior approval of the Licensor. Except for the pairing of motor vehicles in such
dedgnated neat, all motottxed vehicles and equipment othu~tbag those of the Licensee
used fot mafnteaance purposes shall be prohibited, l // ~~
tl3/3r/199E C~6: 37 5FJ5-69i-`51E DARL IIvGTON iNFn PAGE a5
activities which is the opiaioa of tLe Lieetrsor tntght lnterferc wtth tha safe and atBdsnt
o~eratioa of its works and shall post signs in suinble loatioty on tha iaada stating that
ktte flying and model aeroplane flying and other activities are prohibited.
12, The Liaasar may at any time upon reasonable noia or in ase of emetgetuy
wlUtout atry aoUa enter on the toads sad Impect, maJntaitt, repair and remove an1+ of iu
world loafed thereon and may coacwet, maintain, repair and remove say sew wotlu oa
the Lads.
13. This t~cease and Use rights grantsd hereby shall be subject to all regJStered leases,
tieeates, or any r[ghu of use or occupation existing at the date hereol, and the Llcettsot tray
from time to lime renew or extend or make new ones so long as they do not interfere
unreasonably with the righu granted hereby.
14. The Licensee shall maintain the said lends and any of she Ueetaee's installations
thereon in a neat and tidy condition satistacory to the Licensor. In the event the Licctuor
coruiders 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 he done at the expenses of the Lieetuee.
15. Upon termination of Ibis Licence the Licensor may require the Licemee at its own
expense to remove any of its installations and facilities from the acid lands and restore the
said lands to a condition satisfactory to the Licensor.
lei. The Licensee shall at all times during the period of this Agreement maintain and pay
[or Public Liability and Property Damage insurance with limiu of at lease 52,000,000
inclusive or such other limits as otherwise adjusted as set out below or az mutually agreed
from rims to time. Such insurance shall (1) name the Licatuee and Licensor as insured
parties, (2) contain a Cross Liability clause, and (3) specify [hat it is primary coverage and
not wntributory witb or la excess of any insurance coverage maintained by !ha licensor.
The Licensee shall provide evidence of such inurance to the licetuor upon request.
UNess otherwise agreed by the parties
(i) on the fifth anniversary date of this Agreement the 52,1100,000 limit shall be
increased by the percentage increase that the Canadian Price Index, Toronto
index (CPI) pas increased during the immediately preceding 5ve year period,
and
(ii) on every successive 5 year date thereaher, the adjusted limit shall be Futthar
increased by the percentage inaease tha[ CPI has inaeaud dtttfag the
relevant 5ve year period.
17. The Liceasae aclmowledges and agrees that the Lieeaaor may approppriate amrntnu
against ittvolees submitted up to a total of 5140,000 6om Station Accotmt'B' provided for
is the Newcastle Agreement in respect o[ the financial impact incurred by the Town in
advandng tOnstructiua and installation of tournament quality spear ilelds on the Lands;
18. Permission is hereby given by Ontario Hydro to Newcastle to use the lands shown
on the sketch attached hereto for the purpose of reactional sorer and associated parking
lou and fadUties omy, subject to the ter»ss and conditions set out herein.
THIS LICENCE WADE es of this 1st day of June, 1991
1176
Ih7!]fli7'l9G nRt 17 995-fi97 5~l1 UQRLIPH3Tgf+ lhll"~ PACC F1h
.~ ~.
W WIYNL'SS W'I~REOF the parties here[o Lave awed thin Rance to be ateeuted by
the atfudny of the Corporate seals attested by tha sig[[atures of thew proper offiozts duly
authorized on their behalf.
TF}a CORPORATION OF THH TOWN OF NI*~WC,ty~q$
yOl
er -"'
ONTARIO HYDRO
$Ztgfllgir~e Auaiatant Seere tare
- 1177
_I. .~. ~ .. ~:~
~~RLINGTfW IN' -
1
PoGE 04
AttlLenc Fm~ESS rnACk
FUTURE REfORESTATION~
SOUNA FARM
HOUSE
OF lAf(F-.
1'R41L $Y$Tey,
I by Crombie
Commission)
nNO C01111uNmr
re~ctt~noN usF
...~ r 'r r+^..'1'~
BAtiun~w ~^DR
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SCHEDULE "B" J~~ a 4 i?0S
5 P•rUt11C1P :~.-1TY' f F Ct.A Ir.3?ON
, a"._
Real Estate Division HLC 010 ,700 University Ave, Toronto, Ontario MSG lX6 ~ ~""-"~"'
Phone: (705) 7286391; Telecopier (705) 728-3569
May 31, 1996
Municipality of Clarington
Mr. Franklin Wu
Director of Planning and Development
40 Temperance Street
Bomanville, Ontario
L1C 3A6
Dear Sir:
File:Maplecliff House
RE: 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 presently parties [o
the License agreement described above for the lands and facilities described [herein, 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 lands and being composed of a Century Home known as "Maplecliff House"
are not now and never have been intended by the parties [o form par[ 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 [he 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
~~
1119
observe and perform all of [he terms, covenants and conditions of the License in all respects
as if it were the original party ro 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 [o the licensed lands described
in [he 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
I h
Per: ~t f~1.~..:i,'-,\\~ ~cc..`I~v~
Randy 7acksb'
Senior Real-~st~t~ociate
~_
I have authority to bind the corporation
The Municipality of
Clarington
Per: ;~ f C..,. ~•~_~\ .~. (°,~~ Lc..
I have authority to bind
the
Municipality
1180
Exlrnnc-
PARKINC
FACIUiIES
EXISTING COMMUNITY
RECREATION USE
POSSIBLE
WETLAND EXPANSION
AND REGENERATION
GVpV RJIGTOR
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SCHED ULE "C"
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