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.
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