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HomeMy WebLinkAbout2000-70 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2000- 7 0 Being a By-law to authorize the execution of an Amended and Restated Licence Agreement between the Corporation of the Municipality of Clarington and Ontario Power Generation 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 Licence Agreement between Ontario Power Generation and the Municipality. 2. THAT the Amended and Restated Licence Agreement, attached hereto as Schedule"A", forms part of this By-law. BY-LAW read a first and second time this 29th day of May, 2000. BY-LAW read a third time and finally passed this 29th day of May,2000. r� �� � /Rol 6 MAY-31-00 10:09 FROM-GENCO REAL ESTATE (ONT, HYDRO) 418-592-8115 T-435 P.OZ/07 F-371 ONTAR10rMuw" el GENERATION 700 University Avenuc Toronul,Onrario M5Cr 1X6 Phonc:(705)728-6391;Cell(416)451-0296;Fax(705)728-3569 randy*kson @onuariopowergenaA[ion-com April 15,2000 AGREEMENT TO LICENSE OPG-DARLINGTON INC. LANDS Municipality of Clarington Mr.Fred Horvath Property Management&Manager of Operations 40 Temperance Street Bomanville,Ontario L1C 3A6 Dear Sir Re Amendment of Amended and Restated License Agreement dated August 20 1997 to facilitate the addition Rf new land& Ontario Power Generation (OPG)is pleased to confirm our mutual consent for the licensing of certain lands to the Municipality of Clarington as verbally agreed to at our recent on site meeting with your staff on March 22- These lands involve the Darlington Baseball Field and also the former Soling Farm House lands. The Baseball Field lands are shown as the hatched area on the sketch attached to this Agreement as schedule"A°. The Solina House lands are shown as the crosshatched area(Site No.6)on the sketch attached as schedule"C". Attached as schedule`W and forming part of this Agreement to License are the minutes of the Match 22 meeting which serve to set out the additional obligations of both parties to this Agreement and shall be incorporated into and form a past of the current obligations of both parties as set out in the Amended and Restated License Agreement dated Aught 20, 1997. The consideration for the permission hereby granted shall be The nominal sum of one dollar($1.00)and the mutual covenants of the Parties contained herein. It is the intent of this Agreement to allow for the recreational activities as set out in schedule"B"to take place effective immediately once the Municipality has execuled this letter Agreement. Ontario Power Generation-Real Estate Services will prepare the Formal Amendment to the Amended and Restated License Agreement in due course- Please confirm if it will be necessary for Council to pass a by-law authorising the execution of said Agreement. Please note that all right title and interest of Ontario Hydro in the Amended and Restated License Agreement dated August 20, 1997 was transferred from Ontario Hydro to OPG-Darlington Inc.by or purs=T to a Transfer Order made tinder Section 116 of the Fleciriciry act. 1998, which Transfer Order was effective April 1, 1999, OPG sha11 cause its subsidiary,OPG-Darlington Inc.to execute the Formal Amending Agreement incorporating the terms and conditions set out in this Letter Agreement_ For greater certainty and in addition to all existing obligations the Municipality of Caarington under the Amended and Restated License Agreement The Municipality acknowledges and agrees that OPG has a procedure in place pertaining to The health and safety risks associated with excavation of land in and around the station due to the presence of buried underground.utilities. Prior To any excavation Taking place the Municipality shall contact the Darlington Business MAY-31-o0 10:09 FROM-GENCO REAL ESTATE(ONT, HYDRO) 416-592-6115 T-435 P.03/O7 F-371 2 The Foregoing is Confirmed and Accepted. June Dated ac BowmanvileC�n�afio,this 1 day of Apri,2000_ For The Municipality of Clarington. 4 Mane Hamre, Mayor cc Phil Broom Gar'Akey Ray Bester Note;This Agreement contains the following: Agreement—2 pages Schedule"A7'—1 page sketch Schedule"B"—2 pages Schedule"C"—1page sketch MAY-31-00 10:09 \NFROM-GENCO REAL ESTATE(ONT, HYDRO) 418-592-8115 T-435 P.04/07 F-371 A ° o o ° ° RAILWAY 3o. o Q�� O� JTURE NATURALIZATIO REAS 'DINT FOR PASSivE RECREATION, FISHING. EDUCATION RESOURCE (LINK TO INFO CENTRE TRAIL) �CI�EW►-k Q -- _n o► I UPGRADE Pt XERISCAPE i C MAY-31-00 10:10 FROM-GENCO REAL ESTATE(ONT, HYDRO) 416-592-8115 T-435 P.05/07 F-371 .1 S�kElz5o I- `1 � ONTARIO POWER GENERATION—DARLINGTON NUCLEAR MINUTES OF MEETING TRANSFER OF BALL DIAMOND TO TOWN OF CLARINGTON DATE: March 22, 2000 TIME: 10:00 am PRESENT: Ray Bester —OPG Facilities Ken Graham — OPG.Ball Diamond Committee Rod Bovay —OPG Security Randy Jackson — OPO Real Estate Fred Cox --Caarington-Maintenance Phil Broome —Caarington-Management Grant Ashton —Caarington--Scheduling cc: Jack Ballard -DND Crary Akey-DND Terry Dome-DND MINUTES: L Maintenance Responsibilities: Caarington: ➢ Grass euuing/aerating ➢ Infield racking Light bulb changes ➢ Bleachers/benches ➢ Fence z Rental and cleaning of port-a-potty. ➢ Sand box/swings Storage shed Garbage pickup OPG Darlington Nuclear: ➢ Electrical System ➢ Electrical Shed Sprinkler System 2. Real Estate Agreement - By-laws, recreational license requirements with Town of Clarington. - Waiver form update - Include parking lot usage Action: Randy Jackson 3169/Ray/II411 JYM-fond-Mar 22.Doc MAY-31-00 10:10 FROM-GENCO REAL ESTATE(ONT, HYDRO) 416-592-8115 T-435 P.06/07 F-371 w•v - — - -2- 3. Ball Diamnond Scheduling to be Responsibility of Town of Caalington. i OPG teams first opportunity to schedule % OPG teams not to be charged user fees for day or night/games S- All other teams will be charged user fees administered by the Town of Caarington, 4_ Electrical Bill ➢ OPG Darlington will continue to pay for lights for Ball Diamond until a meter is installed for lights. Caarington will start paying bill after meter is installed_ Action. Ray Bester/Phil Broome S. Contact Names OPG Darlington - Ray Bester Facilities and Site Maintenance 905-623-6670 Exi~ 3519 Pager: 905-72I-5733 Town of Caarington—Maintenance - Phil Broome Public Works Department Supervisor Hampton Office: 905-263-2291 Town of Clarington—Scheduling - Grant Ashton Hampton Office: 905-263-2291 OPG Darlington Ball Teams - Ken Graham 905-697-2868 6. Target Date of Turnover of Ball Diamond to Town of CIarington_ April I5,2000. Prepared by: Ray Bester FLM Facilities and Site Maintenance 3168lR4y/Ul Diamond-Mar 22.Doc ot 'lop, . 4;0. 00p_. Pi a .77%