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HomeMy WebLinkAboutENG 08-15 • Cali 00 Report to Executive Committee PI KERING Report Number: ENG 08-15 Date: May 11, 2015 From: Richard Holborn Director, Engineering & Public Works Subject: Licence Agreement with the Region of York and Region of Durham - Waterfront Trail and Washroom Facility - File: A-1440 • Recommendation: 1. That Report ENG 08-15 of the Director, Engineering & Public Works regarding a Licence Agreement with the Region of York and Region of Durham for the • Waterfront Trail and Washroom Facility be received; and 2. That the Mayor and City Clerk be authorized to execute a Licence Agreement with The Regional Municipality of York and The Regional Municipality.of Durham, for public use of the Waterfront Trail and Washroom Facility that reside on Regional lands, in a form satisfactory to the Director, Corporate Services & City Solicitor. Executive Summary: As part of the Duffin Creek Water Pollution Control Plant, Stage 3 Process Expansion Project, the Regional Municipalities of Durham and York agreed to provide the City of Pickering with a number of site improvements within the area around the Plant. These included upgrades to the Waterfront Trail and relocation and upgrades to the Linton Farmhouse, a heritage building that was relocated to the east side of Montgomery Park Road, adjacent to the Waterfront Trail. Although a number of site improvements have not yet been completed as agreed to in the Memorandum of Understanding provided by the Regions, upgrades to the Linton Farmhouse in the form of a washroom addition are nearing completion and ready for occupancy. The City of Pickering has been requested to enter into a Licence Agreement with the Regions, to formalize the public's recreational use of these facilities and the City's maintenance obligations of them. • 53 ENG 08-15 May 11, 2015 Subject: Licence Agreement with the Region of York and Region of Durham Page 2 Waterfront Trail and Washroom Facility Financial Implications: Under the terms of the agreement, the City is responsible for the full cost to maintain the Waterfront Trail and Washroom Facility including the normal day-to-day expenses of grass cutting and garbage removal along the Trail, and inspecting, cleaning and stocking the Washroom Facility. Discussion: In order to accommodate the expansion of the Duffin Creek Water Pollution Control Plant, a number of City road allowances were required to be transferred to the Regions of Durham and York. In exchange for the conveyance of these lands, the Regions agreed to provide the City with various works, including the • implementation of a "Greening and Biodiversity Plan", upgrades to local roads, realignment of sections of the Waterfront Trail, further trail enhancements, and the relocation and upgrades to the Linton Farmhouse. The agreed enhancements were outlined in a Memorandum of Understanding (MOU), dated.June 18, 2007. The Regions have completed a number of the improvements, including the implementation of the "Greening and Biodiversity Plan", realignment of sections of the Waterfront Trail and relocation and upgrades to the Linton Farmhouse. Renovation to the Linton Farmhouse included an addition to the west side of the building for the purpose of a public washroom facility along the Waterfront Trail, and the replacement of the roof, windows, doors, fascia, and eaves trough of the original structure, as.well as repainting of the woodwork. The interior of the original structure was not modified as no public use was identified at the time of construction. A parking • area that provides 16 spaces, located on the north and east side of the building was paved and the site re-graded and sodded. An asphalt path was also constructed to connect the facility to the Waterfront Trail. With the exception of the connection of the electrical services, the washroom facility is completed and ready to open. Prior to handing the facility over to the City of Pickering, the Regions have requested that the City enter into a Licence Agreement. As the Waterfront Trail also crosses - through Regional lands south of the Duffin Creek Water Pollution Control Plant and no formal agreement was ever put in place for its public use, it has been included in the Licence agreement as well. The Director, Corporate Services & City Solicitor and the Director, Engineering & Public Works have reviewed the proposed Licence Agreement and recommend that it be executed. Attachments: 1. Draft Licence Agreement 2. Location Map . CORP0227-07/01 revised 54 ENG 08-15 May 11, 2015 Subject: Licence Agreement with the Region of York and Region of Durham Page 3 Waterfront Trail and Washroom Facility Prepared By: Approved/Endorsed By: i Arnold Mostert, OALA Rich d Holborn, P. Eng. Senior Coordinator Di tor, Engineering & Public Works Landscape & Parks Development AM:am Recommended for the consideration of Pickering City Council • °°//111"-6C- Aet":"27, 2OlS Tony Prevedel, P.Eng. Chief Administrative Officer • • CORP0227-07/01 revised 55 This LICENCE AGREEMENT dated this • Between and among: THE REGIONAL MUNICIPALITY OF YORK("York") • -and- THE REGIONAL MUNICIPALITY OF DURHAM("Durham") - and- THE CORPORATION OF THE CITY OF PICKERING("Pickering') RECITALS: A. A trail is located on lands co-owned by York and Durham for the Duffin Creek Water Pollution Control Plant. B. Pickering wishes use the trail for public.recreational purposes. • C. York and Durham have agreed to grant Pickering a licence to use the trail subject to the provisions contained in this Agreement. The parties agree as follows: 1. Definitions • In this Agreement, (a) "Lands" means the lands co-owned by York and Durham for the Duffin Creek Water Pollution Control Plant as more particularly described in Schedule A. (b) "Trail" means the trail located on the Lands as illustrated in the sketch attached. as Schedule B and more particularly described as meaning the paved area of the trail now existing plus an additional two metres on each side of the pavement calculated from the pavement's edge. • (c) "Washroom Facilities" means the washroom facilities located in the Linton House, a heritage building located on the Lands adjacent to the Trail as illustrated on the sketch attached as Schedule B, inclusive of driveway entrance, parking area and walkway connecting to Trail. 2. Use • 2.1 York and Durham grant Pickering a licence to use the Trail for public recreational purposes only. 2.2 York and Durham grant Pickering a licence to use the Washroom Facilities to facilitate the use of the Trail by the public. • 2.3 Pickering shall use the Trail for public recreational purposes only. 56 � I L �` -Y .�-�...eN q o5- ''C �n.{.r. i. i •� 2Vi -2- i 2.4 Pickering shall comply with all governmental requirements with respect to the use of the Trail and the Washroom Facilities. 2.5 Pickering shall not make any alterations to the Trail or the Washroom Facilities, including the installation of any facilities or improvements, without the prior written consent of York and Durham,which consent may be unreasonably withheld. 2.6 Pickering shall not interfere in any way with or cause any change to any works of either York or Durham now existing or hereinafter constructed on the Trail. 2.7 York and Durham may, from time to time, restrict access to one or both of the Trail and the Washroom Facilities including all or part of the Trail or the Washroom Facilities, upon delivering notice to Pickering thirty (30) days prior to restricting access. The notice shall set out the reason that access is to be restricted, the area of the Trail or the Washroom Facilities affected and the length of time during which access is to be restricted. Entry onto one or both of the Trail and the Washroom Facilities by York or Durham shall not rescind or suspend this Agreement and its obligations hereunder. 2.8 This Agreement does not create right, title, or interest in the Lands. 3. Termination 3.1 York, Durham, or Pickering may terminate all or part of this Agreement by giving the other parties sixty (60) days notice of termination subject to the terms and conditions of this Agreement. or part of this Agreement has been terminated by any of the parties, York 3.2 Where all o p gr y y p , or Durham shall not be obligated to continue to operate, maintain, or make available to the public any part of the Trail or the Washroom Facilities, including any installations or improvements on the Trail or the Washroom Facilities which Pickering previously maintained, operated, or made available to the public as a result of or in any way connected to this Agreement. 3.3 Upon termination of all or part of this Agreement, York or Durham may require Pickering, at Pickering's cost and expense, to remove any of its installations and improvements on the Trail and restore the Trail to a condition reasonably • satisfactory to York and Durham. 4. Maintenance of the Trail and Washroom Facilities • 4.1 Pickering shall, at its cost and expense, maintain the Trail and the Washroom Facilities, including any of Pickering's installations and improvements on the Trail or to the Washroom Facilities. 4.2 Pickering shall, at its cost and expense, carry out the normal day-to-day maintenance _ activities of the Trail, including but not limited to snow clearing, grass cutting and garbage removal. 4.3 Pickering shall, at its cost and expense, carry out the normal day-to-day maintenance activities of the Washroom Facilities, including but not limited to inspecting and 57 TT y I - : . El OS- ►s - 3 - cleaning the Washroom Facilities and stocking the Washroom Facilities with the necessary supplies and equipment. 4.4 Pickering shall not pile snow on any of the adjoining lands owned by York and/or Durham or pile snow on or adjacent to the Trail which would interfere in any way with any works of either York or Durham on the Lands. 4.5 If York or Durham is of the opinion that Pickering is not properly maintaining one or both of the Trail and the Washroom Facilities, then York or Durham may give notice to Pickering to that effect. If the condition is not remedied within thirty (30) days, the party giving notice to Pickering may, without further notice, enter upon one or both of the Trail and the Washroom Facilities for the purposes of maintaining it and any costs incurred by such party by reason of doing so shall be paid to such party by Pickering forthwith upon demand. Such entry by York or Durham shall not be deemed to constitute a rescission or suspension of this Agreement. 5. Assignment 5.1 Pickering may permit members of the public to use the Trail and the Washroom Facilities for public recreational purposes, but Pickering shall not assign this Agreement, or any portions of this Agreement, without the prior written consent of York and Durham, which consent may be arbitrarily or unreasonably withheld. 6. Indemnification 6.1 Pickering shall assume all liability and obligation for any and all loss, damage, injury, including death, to persons or property that happens as a result of or arises out of the use and occupation of the Trail and the Washroom Facilities by Pickering or members of the public. 6.2 Pickering shall at all times indemnify and save harmless York, its officers, Council members,partners, agents, and employees from and against all such loss, damage, or injury and all actions, suits, proceedings, costs, charges, damages, expenses, claims, or demands arising from or connected with the use and occupation of the Trail and the Washroom Facilities by Pickering or members of the public provided that Pickering shall not be liable under this Section to the extent to which such loss, damage, or injury is caused by the negligence of York or those for whom York is in law responsible. 6.3 Pickering shall at all times indemnify and save harmless Durham, its officers, Council members, partners, agents, and employees from and against all such loss, damage, or injury and all actions, suits, proceedings, costs, charges, damages, expenses, claims, or demands arising from or connected with the use and occupation of the Trail and the Washroom Facilities by Pickering or members of the public provided that Pickering shall not be liable under this Section to the extent to which such loss, damage, or injury is caused by the negligence of Durham or those for whom Durham is in law responsible. 7. Insurance 7.1 During the Term of this Agreement, including any renewals, Pickering shall obtain and maintain in full force and effect,the following insurance coverage taken out with 58 ATTACH E N E#.�--��. S4:R.:.F f i E;LiJ V c6f ' - 4- insurance companies licensed to transact business in the province of Ontario.and in all respects shall be satisfactory to York and Durham's respective Insurance and Risk Managers: (a) Commercial General Liability Commercial General Liability ("CGL") insurance shall include York and Durham as additional insureds with limits of not less than Five Million Dollars ($5,000,000.00) inclusive per occurrence for bodily and personal injury, death, and damage to property including loss of use hereof. Should such policy have a General Aggregate, the minimum acceptable aggregate shall be ten million ($10,000,000.00). CGL insurance shall include cross liability & severability of interest clauses, products & completed operations coverage, sudden & accidental pollution liability, and standard non-owned automobile endorsement including standard contractual liability coverage. (b) Automobile Liability Automobile Liability insurance in respect of licensed vehicles shall have limits of not less than two million($2,000,000.00) inclusive per occurrence for bodily injury, death and damage to property. Coverage shall be in the form of a Standard owner's form automobile policy providing third party liability and accident benefits insurance and covering licensed vehicles owned,leased or operated by or on behalf of Pickering. York and Durham shall accept in place of the above-mentioned insurance coverage, a combination of primary liability limits and umbrella insurance or excess liability limits which meet the CGL, General Aggregate and Automobile Liability coverage • limits noted above. Pickering shall provide proof of such insurance coverage to York and Durham,prior to or upon execution of this Agreement,and upon request by York or Durham thereafter. Such proof shall be evidenced on York's and Durham's respective Certificate of Insurance forms. Pickering shall also ensure that all of its contractors, and any other third party for whom Durham is in law responsible relating to this Agreement, shall obtain and maintain in full force and effect the insurance coverages required in this Section 7.1 and shall provide proof of such insurance coverage to York and Durham, upon request, on York's and Durham's respective Certificate of Insurance forms. 8. Notice 8.1 Any notice or communication to be given in connection with this Agreement shall be given in writing and shall be given by personal delivery, registered mail, or facsimile addressed as follows. (a) to York: , The Regional Municipality of York 17250 Yonge Street Newmarket, ON L3Y 6Z1 Attention: Mike Rabeau,Director, Capital Planning and Delivery 59 5 • (b) to Durham: The Regional Municipality of Durham 605 Rossland Road East Whitby, Ontario L1N 6A3 Attention: John Presta, Director of Environmental Services (c) to Pickering: The Corporation of the City of Pickering Pickering Civic Complex One The Esplanade Picking, Ontario L1V 6K7 Attention: Richard Holborn, Director, Engineering&Public Works • 8.2 Any party may change its address for service by notice in writing to the other parties. 8.3 Any communication shall be conclusively deemed to have been given on the day it is delivered in the case of personal delivery, on the actual date of receipt in the case of registered mail, and on the next Business Day after the day on which it is sent in the case of facsimile transmission. 9. General 9.1 Time shall be of the essence. 9.2 This Agreement shall be binding on and enure to the benefit of the parties and their respective permitted successors and assigns. 9.3 This Agreement shall be construed in accordance with the laws of the Province of Ontario. • 9.4 This Agreement shall be subject to the provisions of the Municipal Freedom of Information and Protection of Privacy Act,R.S.O. 1990, c.M.56, as amended. 9.5 This Agreement may be executed in counterparts, each of which shall be deemed to be an original and all of which taken together shall be deemed to constitute one and the same instrument. Counterparts shall be accepted in original, electronic, or • facsimile form, and the parties to this Agreement adopt any signatures received by receiving facsimile or electronic mail as original signature of the parties. (The remainder of this page is intentionally left blank) 60 A T T A C H -. -)F'.%:PO=_.,..#_ _-NI V D'15 of S _ 6_ This LICENCE AGREEMENT is effective on the date written above. Authorized by: THE REGIONAL MUNICIPALITY OF YORK Report of the.Chief Administrative Officer, adopted by Regional Council June 24, 2010. Name: Erin Mahoney Title: Commissioner of Environmental Services Approved . by Solicitor: THE REGIONAL MUNICIPALITY OF DURHAM Name: Title: • Name: Title: I/We have authority to bind the corporation. THE CORPORATION OF CITY OF PICKERING Name: Title: Name: Title: I/We have authority to bind the corporation. YORK#2975905 61 ATTACH €EN€f _. :ITP CNC7 08-- 5 Schedule"A" Legal Description of the Trail PIN NO. 26328-0015 Lots 1-11, P1 440;Lots 1-11, P1 422;Pickering PIN NO. 26328-0028 Lots 12-34, P1 422;Pickering PIN NO. 26328-0034 Lots 14-18, 46-60 and Block C,Plan 406;Pickering • PIN NO. 26328-0030 Blocks A&B, Plan 422;Pickering PIN NO. 36238-0023 Lots 12-17, 20-22 and Block A;Pickering PIN NO. 26328-0016 • Lots 18 and 19, Plan 440;Pickering PIN NO. 26328-0004 Part Lot 17, Range 3, Con Broken Front Pickering,Pts 1, 2, 3, 4, & 5, Exprop P1 278 Except Pt 1 40R3162;Pickering PIN NO. 26328-0006 Part of Lot 16, Range 3, Con Broken Front Pickering, Pt 6 Exprop P1 278 Except Pts 1, 2, 3 &4, 40R2576;Pt Lt 15, Range 3, Con Broken Front Pickering, Pt 6 40R2576;Pickering PIN NO. 26328-0012 Part of Lt 16, Range 2,Broken Front Pickering, Pts 3, 4, 5, 6, 7, 8 &9, Exprop P1 279;Pickering • 62 - • ATT.ACts-f-nr:NT# 1 , . RFP0274, i'-?t\IQ) °8....IC' N e rr......., - . 0 ••■.... a.-...C4.......12■... • . ' . Schedule"B" . . Sketch of the Trail • . • - .. . • • -.•— . . . • • . . . 09 t Mc-KAY ROAD \. 4 • •-o—%. ... .. . . • ' 1..,alit....; PARK ROAD /". • , . . . . . . . . C . • • . . . . . ' . .• . 0 0 • • • .. . 0 ' -' ' D 0•" -s 0 ,-t•A"A- . 00 .. , . R. 3 <2,• ca . . . . • -- g4 11 -T3 0 - •.- • . . • •• tt': c) ■ - • x . . . • . c") 0 › . • -. -.,. - • • - ,- . 9, fil. c . -‹ . . . , „... . • . . • . -, -4... . 0. . . , • . . . . • . . • \'''', IOU . . 0 . .: .. - ‘,-• . .., - • ••• -..c2-6. . :1 • . ). 0 . • . . . . • . - •• - • . ,- . --. ••• • • II-cst _ , 0:".,..3 - • . • . - . - -. . • - , IN' 0 C:f • • . - . .. . ' -' • ' . . ' (''''.• 2 .. . . • • •• • , .. .. . . -:. . . . . . • — - .- ' . 0_01 iREGION fg-.-- . .• . .: ' • • 1r- •0, i •04022(TRA) • 1. E,C- . : - .. ' . '' . • ' .-. • . .,-, . . . ' .• .-., X FRISCO ROAD: ' -..-:: .':-.. • . • ' . _F--.' • • - . • ,. . . -- • . . , • • . - - .• I , . -1 • i'l.• . '. .• .. , -:13akki - ©•I •• : .. .. .- .. • . • - • . ••4, • • • • • • • . • • • 63 • • City 00 A -AChilviENT# OS - / r / Engineering & Public Works entuar Department • Attachment for Report ENG 08-15 Waterfront Trail Construction FELDSPAR ) bJ COURT McPHERSON COURT r) 0 o / - /0 = ,M c KAY ROAD 0 0 cr■ 0 York-Durham >- Duffin Creek Water Pollution %o CO Control Plant .4-1N-111‘4, MONK 0 MERY 2/E trZ 1115 VE=4 WI KC ZES sitg. PARK-ROAD ROAD >1 0 CC 0 0 2 0 0 o CC Linton Farmhouse 0 Washroom Facilities 0 2 I • •1/4 NN al 0"*, L, PICKERING 4r*t GENERATING STATION 6 40114.10. ita tr, &wt. (OPG) •al 0°# -Waterfront Trail LAKE ONTARIO Location Map 64