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HomeMy WebLinkAboutEGD-034-04 . . ClfJlmgtnn REPORT ENGINEERING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 21, 2004 Report #: EGD-34-04 File #: ~~J1- 31 9 ><I By-law #: c;A..XJ</-/ ~ 3 Subject: AGREEMENT RENEWAL WITH ROGERS CABLE COMMUNICATIONS INC. FOR THE OPERATION AND MAINTENANCE OF AN UNDERGROUND CABLE ACROSS MUNICIPAL LANDS IN ORONO RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-34-04 be received; and 2, THAT a by-law be passed, authorizing the Mayor and Clerk to execute an agreement with Rogers Cable Communications Inc. for the operation and maintenance of an existing underground cable within Lot 21, Plan 693 in Orono. O~kR, Submitted by: Anthony Cannella, C.E.T. Reviewed by: Franklin Wu, Director of Engineering Services Chief Administrative Officer ASC/NAC/jw June 10, 2004 706 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-9282 REPORT NO.: EGD-34-04 PAGE 2 1.0 BACKGROUND 1.1 The former Corporation of the Town of Newcastle entered into an agreement with Rogers Cable TV. Ltd. on May 17, 1984, for the installation, operation and maintenance of an underground television cable within certain lands owned by the Municipality (Attachment No.1). 1.2 The location of the existing cable is along the edge of an existing playground area, abutting the west property line. Staff note that to date, there has been no impact on our use of the lands, nor have there been any problems relating to the operation and maintenance of the cable. 1.3 The existing agreement has expired after a term of twenty (20) years, and it is now appropriate to renew the agreement. The proposed agreement (Attachment No.2) reflects the same conditions as the original agreement, along with some minor administrative revisions and a new ten (10) year term, 1.4 It is therefore recommended that the attached by-law be passed, permitting the Mayor and Clerk to execute the said agreement (Attachment No.3), Attachments: Attachment 1 - Attachment 2 - Attachment 3- Key Map Proposed Agreement Authorizing By-law 707 I I ! \ I / I' I I I 1_()~ ORONO CEMETERY ~ ~\ ~1\\ %\\ \~ ~\ , \\ \\ ~ O'~ ( r:' / '< -H- I ~XISTING BURIED TV CABLE (ROGERS) ~,<-~Ct.. \.-11,\1- ~",,,\1,\ _,\N.G" 'C.'f.,.\':>~ ~ ~/ .-~ Cll}!-!lJglon ~ ~ - ----- ~ ! I ------// I Engineering Services REPORT EGD-34 -04 70 \.. ATIACHMENT No, 1 ATTACHMENT NO.: 2 REPORT NO.: EGD-34-04 SITE SPECIFIC LICENSE AGREEMENT THIS AGREEMENT made the 14th day of April, 2004. BETWEEN: CORPORATION OF THE MUNICIPALITY OF CLARINGTON, (hereinafter called the "Owner") OF THE FIRST PART, - and - ROGERS CABLE COMMUNICATIONS INC.. (hereinafter referred to as "the Licensee") OF THE SECOND PART, WHEREAS 1he Owner in fee simple of that certain parcel or tract of land and premises situate, lying and being in the Municipality of Clarington, in the Regional Municipality of Durham and Province of Ontario and being certain lands lying along the westerly boundary of Lot 21 according to a plan registered in the Land Registry Office for the Registry Division of Durham as Number 693 (the "Property"); AND WHEREAS, the Owner has agreed for the consideration hereinafter appearing to grant to the Licensee a licence to install, operate and maintain an underground telecommunication cable (the "Cable") along a certain part of the west side of the Property and to do such other acts and things as are hereinafter described for the term of years and upon the terms hereinafter mentioned; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the hereinafter mentioned covenants and agreements between the parties to this Agreement and the sum of TWO---------------- ($2.00)---------------DOLLARS now paid by the Licensee to the Owner, the receipt of which is hereby acknowledged, the parties hereby agree as follows; 709 2 I. The Owner hereby grants unto the Licensee leave and licence to bury, install, operate and maintain the Cable along the west side of the Property in the location shown on the Plan attached hereto as Schedule "A" or within an area lying not more than 6 feet to the east thereof, for a term of TEN (10) years from the date hereof subject to the provisions for determination hereinafter contained. 2. The design and exact location of the Cable was approved by the Director of Public Works of the Owner prior to its burial and installation. 3. The Cable has been installed in a 3Y, inch conduit, fully buried, in a manner that facilitates any repair and replacement with a minimum disturbance to the surface and any existing or future structures on the Property, 4. The burial and ins1allation of the Cable have been in accordance with the Plans approved by the Owner and attached hereto as Schedule "A". 5. The Licensee shall make complete restoration in kind to the Property after the burial or any subsequent repairs or alterations to the Cable. Such restoration shall be approved by the Director of Public Works of the Owner. 6. The Licensee shall indemnify and save harmless the Owner from all actions, suits, costs, losses, charges, demands and expense now or in the future, for and in respect of any damage to the Property, personal injury or other consequence arising by reason of any actions of the Licensee in exercise of the permission hereby granted. 7. The Licensee shall arrange and maintain liability insurance in respect of the Cable and such insurance shall name the Owner as an additional insured. 710 3 8. The Licence hereby granted may be terminated at any time by either of the parties hereto giving to the other of them not less than 90 days previous notice in writing of its intention in that behalf. 9. The Licensee shall relocate the Cable at its own expense, if such relocation is required by the Owner for 1he future development and/or use of1he Property. Notice of such a requirement of relocation shall be given in writing by the Owner not less than 90 days before such relocation is required. 10. On termination or relocation, the Cable shall be disconnected at both ends and all opera1ion and use of the Cable as located on the Property shall cease. The Licensee is not obliged to remove the Cable on termination or relocation. 11. The Licensee shall obtain and maintain all necessary approvals and permits from any other levels of government or agencies thereof having authority or jurisdiction in the operation of the Cable. 12. This Agreement shall enure to the benefit of and shall be binding upon each of the parties hereto, and each of their heirs, executors, administrators, successors and assigns, respectively. 13. The granting of the Site Specific License by the Owner to the Licensee for use of the Property does not convey to the Licensee in any manner whatsoever the right to use or occupy other properties or lands owned by the Owner nor the right to use or occupy other public rights of way located in 1he Municipality of Clarington as may be administered by the Municipality of Clarington. IN WITNESS WHEREOF the parties hereto have duly executed this Agreement by affixing their respective corporate seals under the hands of their property signing officers duly authorized in that behalf. 711 4 CORPORATION OF THE MUNICIPALITY OF CLARINGTON Per: Per: ROGERS CABLE COMMUNICATIONS INe. Per: Per: 712 cis cis 713 -~ LE" ATTACHMENT NO.: 3 REPORT NO.: EGD-34-04 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2004- being a by-law to authorize the execution of an Agreement between Rogers Cable Communications Inc. and The Corporation of the Municipality of Clarington. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT the Mayor and Municipal Clerk are hereby authorized to execute on behalf of the Corporation of the Municipality of Clarington and seal with the Corporate Seal, the Site Specific License Agreement between Rogers Cable Communications Inc. and The Corporation of the Municipality of Clarington. By-law read a first and second time this 28th day of June, 2004. By-law read a third time and finally passed this 28th day of June, 2004. John Mutton, Mayor Patti Barrie, Municipal Clerk 714 , SITE SPECIFIC LICENSE AGREEMENT THIS AGREEMENT made the 14th day of April, 2004. BETWEEN: CORPORATION OF THE MUNICIPALITY OF CLARINGTON, (hereinafter called the "Owner") OF THE FIRST PART, - and - ROGERS CABLE COMMUNICATIONS INC., (hereinafter referred to as "the Licensee") OF THE SECOND PART, WHEREAS the Owner in fee simple of that certain parcel or tract of land and premises situate, lying and being in the Municipality of Clarington, in the Regional Municipality of Durham and Province of Ontario and being certain lands lying along the westerly boundary of Lot 21 according to a plan registered in the Land Registry Office for the Registry Division of Durham as Number 693 (the "Property"); AND WHEREAS, the Owner has agreed for the consideration hereinafter appearing to grant to the Licensee a licence to install, operate and maintain an underground telecommunication cable (the "Cable") along a certain part of the west side of the Property and to do such other acts and things as are hereinafter described for the 1erm of years and upon the terms hereinafter men1ioned; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the hereinafter mentioned covenants and agreements between the parties to this Agreement and the sum of TWO---------------- ($2.00)---------------DOLLARS now paid by the Licensee to the Owner, the receipt of which is hereby acknowledged, the parties hereby agree as follows; ~ 715 , 2 I, The Owner hereby grants unto the Licensee leave and licence to bury, install, operate and maintain the Cable along the west side of the Property in the location shown on the Plan attached hereto as Schedule "A" or within an area lying not more than 6 feet to the east thereof, for a term of TEN (10) years from the date hereof subject to the provisions for determination hereinafter contained. 2. The design and exact location of the Cable was approved by the Director of Public Works of the Owner prior to its burial and installation. 3. The Cable has been installed in a 3Y:, inch conduit, fully buried, in a manner that facilitates any repair and replacement with a minimum disturbance to the surface and any existing or future structures on the Property. 4. The burial and installation of the Cable have been in accordance with the Plans approved by the Owner and attached hereto as Schedule "A". 5. The Licensee shall make complete restoration in kind to the Property after the burial or any subsequent repairs or alterations to the Cable. Such restoration shall be approved by the Director of Public Works of the Owner. 6. The Licensee shall indemnifY and save harmless the Owner from all actions, suits, costs, losses, charges, demands and expense now or in the future, for and in respect of any damage to 1he Property, personal injury or other consequence arising by reason of any actions of the Licensee in exercise of the permission hereby granted, 7. The Licensee shall arrange and maintain liability insurance in respect of the Cable and such insurance shall name the Owner as an additional insured. 716 , 3 8. The Licence hereby granted may be terminated at any time by either of the parties hereto giving to the other of them not less than 90 days previous notice in writing of its intention in that behalf. 9. The Licensee shall relocate the Cable at its own expense, if such relocation is required by the Owner for the future development and/or use of the Property. Notice of such a requirement of relocation shall be given in writing by the Owner not less than 90 days before such relocation is required. 10. On termina1ion or relocation, the Cable shall be disconnected at both ends and all operation and use of the Cable as located on the Property shall cease. The Licensee is not obliged to remove the Cable on termination or relocation, II. The Licensee shall obtain and maintain all necessary approvals and permits from any other levels of government or agencies thereof having authority or jurisdiction in the operation of the Cable. 12. This Agreement shall enure to the benefit of and shall be binding upon each of the parties hereto, and each of their heirs, executors, administrators, successors and assigns, respectively. 13. The granting of the Site Specific License by the Owner to the Licensee for use of the Property does not convey to the Licensee in any manner whatsoever the right to use or occupy other properties or lands owned by the Owner nor the right to use or occupy other public rights of way located in the Municipality of Clarington as may be administered by the Municipality of Clarington. IN WITNESS WHEREOF the parties hereto have duly execu1ed this Agreement by affixing their respective corporate seals under the hands of their property signing officers duly authorized in 1hat behalf. 717 Per: Per: Per: Per: 4 CORPORATION OF THE MUNICIPALITY OF CLARINGTON ROGERS CABLE COMMUNICATIONS INC. 718 cis cis 719 :~LE"