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HomeMy WebLinkAbout98-54 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98- 54 being a By-law to authorize the entering into a Park Licence Agreement with Ontario Hydro, the Owner of Utility Corridor located in Part 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 has approved an Environmental Management Plan for the area south of the CN Railway, east of Cobbledick Road and west of Toronto Street, known as the Samuel Wilmot Nature Area; AND WHEREAS, the Ontario Hydro has agreed to lease a portion of the Hydro Transmission Corridor that traverses the Nature Area to the Municipality of Clarington for a period of twenty (20) years commencing on January 1 st, 1998; NOW THEREFORE BE IT 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 Park Licence Agreement between Ontario Hydro, the Owner of the Hydro Transmission Corridor being Part 13 Registered Plan 10R-993 in Part Lot 31, Concession 1, (Township of Clarke) now in the Municipality of Clarington. BY-LAW read a first time this 30th day of March 1998. BY-LAW read,a second time this 30th day of March 1998. BY-LAW read a third time and finally passed this 30th day of March 1998. MERK °rte" P491823 ONTARIO HYDRO LICENCE Permission is hereby given by Ontario Hydro(herein called the"Licensorl to THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (herein called the "Licensee'l to use the lands shown outlined in yellow on the print of registered plan 10R 993, attached hereto as Schedule"B" (the said lands being hereinafter referred to as the"Land")and being described as: Part of Lot 31,Concession 1,(Township of Clarke),Town of Newcastle, now in the Municipality of Clarington, In the Regional Municipality of Durham; more particularly described as Part 13 Registered Plan 10R-993 containing approximately 12.907 acres(5.223 hectares) for recreational purposes only, for a term of twenty(20) years commencing on the Ist day of January 1998, 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. DATED at bower it L&,a. this 30 i� day of _Iz4tawc, 1 ggy8 IN WITNESS WHEREOF the parties hereto have executed this Licence. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Diane e, Mapar Patti arr , clerk ONTARIO HYDRO m =Rswer nd t Ontario Hydro Transmission Company "I have authority to bind the corporadon" P491823 SCHEDULE"A" THE TERMS AND CONDITIONS mentioned in the Licence annexed which the Licensee covenants and agrees to observe and be bound by and to cause adherence to at all times are as follows: 1. For the permission granted hereby the Licensee shall pay to the Licensor. (1) the sum of ONE.......($1.00) DOLLAR per year in advance,and (ii) all taxes, rates or grants in lieu thereof assessessed or levied against the said lands in each and every year during the temp this Licence remains in force or pay to the Licensor an amount equal to the amount of the annual taxes, rates or grants in lieu of taxes paid by the Licensor in each and every year for the lands herein 2. Despite anything to the contrary in this agreement and without prejudice to the rights of the Licensor hereunder or otherwise, the Licensor shall have the option in its sole discretion at any time(s), to be exercised in each instance by ninety (90) days' prior written notice to the Licensee, to terminate this Licence in whole or-in part, as the case may be, if the Licensor considers all or any portion(s) of the Lend to be necessary or desirable from time to time for works, purposes, activities, businesses, ventures, arrangements, developments, redevelopments or uses including secondary uses (hereinafter collectively called the "works") of the Licensor, its existing or contemplated tenants, subtenants, licensees, permittees, mortgagees, security holders or other including any competent authority (hereinafter collectively called "Permittees:of the Licensor"), all without any claim or compensation by the Licensee including without limitation for any inconvenience, interruption, nuisance,discomfort, relocation or removal costs caused thereby. In order to induce the Licensor to grant this Licence and for other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the Licensee on behalf of itself, its successors and assigns,hereby (i) releases and forever discharges the Licensor, its successors and assigns, from any and all actions, causes of action, claims and demands for damages, loss or injury, howsoever arising, which heretofore may have been and which may hereafter be sustained by the Licensee, its successors and assigns, in respect or in consequence of the termination of this Licence in whole or in part(s), as the case may be, including all damages above described as well as all damage, loss or injury not now known or anticipated but which may arise in the future and all effects and consequences thereof, (ii) further agrees not to make any claim or take any proceedings against any other person or corporation who might Bairn contribution or indemnity under the common law or under the provisions of the Negligence Act and the amendments thereto from the Licensor, and (iii)agrees that the Licensor may plead this agreement as an estoppel. 3. The Licensee may permit members of the public to use the land for the purposes set out in accordance with the terms hereof, but the Licensee shall not assign, transfer, sublease, part with possession or dispose of all or any part of the land or this Licence or any privileges or interests hereby granted to it without the written consent of the Licensor which may be unreasonably or arbitrarily withheld, failing which the Licensor shall be entitled to terminate this Licence immediately after the occurrence of such breach. 4. If the Licensee should at any time fail to carry out any of the stipulations in this Licence to the satisfaction of the Licensor acting reasonably, the Licensor may mail to the Licensee written notice specifying the failure, and if the failure is not remedied or adequate and sufficient measures are not being taken to satisfactorily remedy the same within one(1) month of mailing the notice, the Licensor may terminate this Licence immediately upon the expiration of the one month period aforesaid in whole or in part. I P491823 5. All property of the Licensee or members of the public at any time on the land shall be at the sole risk of the Licensee and the Licensor shall not be liable for any loss or damage thereto however occurring and 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. S. 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 land 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 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. T. 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 copy of such policy or a satisfactory certificate in lieu thereof shall be given to the Licensor for approval on or before the Licence commencement date. 8. The construction or siting of all buildings and structures, the installation of equipment and recreational facilities, and grading and the planting of trees, must all first receive the approval of the Licensor. 9. The Licensee shall comply with the Design Standards of the Transmission and Distribution Project Division of the Licensor, Canada Standards Association Standard 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 and any regulations passed thereunder when using heavy equipment during any construction or maintenance. 10. The Licensee covenants and agrees that the Licensee, its recreational uses, works and Permittees shall not In any way interfere with, obstruct, delay or cause any damage or inefficiencies to any works of the Licensor or Permittees of the Licensor now or hereafter constructed or contemplated on, in or in respect of all or any portion(s) of the Land from time to time, and without limiting the generality of the foregoing, the Licensee shall ensure that the height of any vehicle, load or other object, Including attachments, or people standing thereon near the Licensor's conductors will not exceed 4.115 m (13.5 ft.) above the existing grade. 11. The Licensee shall prohibit kite flying and model airplane flying and any other activities which in the opinion of the Licensor might interfere with the safe and efficient operation of its works or be offensive, annoying or dangerous and shall post signs in suitable locations on the land stating that kite flying and model airplane flying and other activities are prohibited. 12. The Licensor and anyone acting pursuant to its authority may at any time upon twenty-four hours' advance notice to the Licensee or at any time without notice in case of emergency enter on the land and inspect, maintain, repair, re-arrange, add to, replace, relocate and remove any of its works as defined in the Power Corporation.Act, R.S.0. 1990, Ch. P18 as amended and further may construe, add, inspect, maintain, repair, alter, re- arrange, relocate and remove such new works or equipment as the Licensor determines necessary or desirable and the Licensor shall not be liable for and is hereby released from all damages, losses, Injuries, costs, charges, expenses, suits, proceedings, Bairns and demands arising in connection with carrying out the work aforesaid, including, without limitation, all claims for damages, indemnification, reimbursement or I W 0 11 Dii I Omni by reason of loss, interruption or suspension of business or interference or irxxmvonlerm howsoever caused or physical damage to the land, P491823 13. The Licence shall be subject to all leases, subleases, easements, licences, permits, rights of use or occupation, secondary uses or other rights now existing or hereafter renewed or extended or entered into by the Licensor, and despite anything to the contrary, it is agreed that the Licensor hereby reserves the unrestricted right in its sole discretion without any claim or compensation to the Licensee, to renew, extend, issue or grant such rights aforesaid on temps and conditions entirely satisfactory to the Licensor. 14. 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 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 land and restore the land to a condition satisfactory to the Licensor. 16. The Licensee shall not pile snow on the licensed lands which would result in piles exceeding two metres (6.5 feet) in height or being closer than eight metres (26.2 feet)from any of the Licensee's transmission facilities. In the even of the Licensee acting in breach of this condition, the Licensor may remove any such pile, the cost of which shall be charged by the Licensor to the Licensee. 17. The Licensee, at its own expense, shall be responsible for removal of snow and ice from any public walkway abutting or included In the land herein described, if such removal is required by any Municipal By-Law. 18. If the Licensor delivers notice of termination pursuant to clause 2 above, or if the Licensor otherwise notifies the Licensee loom time to time by thirty (30) days' prior written notice that the Licensor in its sole discretion considers all or any portion(s) of the Land suitable for existing or contemplated works of the Licensor or Permittees of the Licensor, then all or such specific area(s) shall be deemed deleted from this Licence effective on the date set out in such notice (the "Effective Date") and the Licence shall be deemed to have been terminated or amended, as the case may be, in respect of such specific area(s) as of the Effective Date. in the event of delivery of notice of termination aforesaid, the Licensee shall at its sole expense and without claim or compensation of any kind remove or cause its works to be removed from the Land or such specific area(s)on or before the Effective Date in the manner set out in clause 15 above. WIthot i prejudice to the rights of the Licensor hereunder, the Licensor will consider any reasonable request from the Licensee to continue beyond the Effective Date the recreational aocsway of the Licensee. 19. As used herein, "Licensor" includes the successors and assigns of the Licensor and "Licensee" includes the successors and permitted assigns of the Licensee. The provisions of this Licence shall be binding upon and enure to the benefit of the Licensor and the Licensee. vh w (1 NN PART �Ti 5 w /?�9T�iO�/ �. ^ N e3o 4 Q _. . L0 T J'0'h ' sr c9 c7' 8 SO" M 3o M O/ J � � J � \ 829 0 J 2 C E s o s l C cr f Q � Fa• � �-�, ,o ro 820 f 0 0 0 V J J °8 2R TOc'°fip \"� 3 3 gl 2 9s �p� � N W (P99) 0" .9 r lonR \ Naq°34E 114 ►a Tr o0 asd0 T 3 2 C2. o `on p q X3 ° ° co co •c Fd• a r'' r. 4 z •O,q Q v° ' PART 15 a 3 = 5Ne' 8B of PART 12 Plan /OR-373 3 / .N S T. 93481 Fa. . � h --- -- O ti `2 Sg e3° 2 z z CD 3 1? S0 k, 40' ti 5� /NS T. 93481 id V a SW Corner SE Corner a1° SW Corner hco Lot 31 `�``l Lot 31 Lot 30 PART 16 CON. I CD 360:79 965:47 939:90 ROAD ALLOWANCE 1r� N 710 12 30 E 1326:26 — '�� N 710 19 E N 710 12' 30° E 1325:95 `79' ( NO ? B.F. CON. M 423:19 •--+—• 902:76 0� 66 a ift °61 o 16 5� �o s, i 3 BROKEN FR0 N T S)� Q zz