HomeMy WebLinkAboutEGD-046-07
Cl~-!l1gton
REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday June 18, 2007 Resolution #:(3PA -435-01
Report #: EGD-046-07 File #: By-law #: ~oo7 -I S (,
Subject: Responsibility Agreement, Regional Municipality of Durham and The
Corporation of the Municipality of Clarington
Recommendations:
1. THAT report EGD-046-07 be received;
2. THAT the Region of Durham Resolution be received;
3. THAT the Mayor and Clerk execute a responsibility agreement with the Region of
Durham for the ownership and maintenance of the private sanitary sewage
forcemain servicing the Newcastle & District Recreation Complex;
4. THAT a by-law be passed to authorize the Mayor and the Clerk, on behalf of the
Municipality, to execute the said agreement;
Respectfully by,
d~~
Submitted by: A.S. Cannella
Director of Engineering Services
Reviewed by: Franklin Wu
Chief Administrative Officer
ASC/BMB/jo
June 13, 2007
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282
Report #EGD-046-07
PaQe 2
1.0 BACKGROUND
Through the early design stages of the Newcastle & Di~trict Recreation Complex,
the Municipality was advised that the proposed developments servicing demand
was not forecast in the overall Regional networks. Thus the site did not have
sanitary servicing allocation within the existing sewers and the Rudell Road
pumping station. In order to move forward with the project, Engineering Services
discussed several options with the Region of Durham.
The most effective solution to the problem is the construction of a sanitary sewer
forcemain that pumps the sewage to a different sanitary network at Massey Dr.
The proposal will result in a forcemain that is strictly used to service the
Newcastle & District Recreation Complex and therefore will be the soul
responsibility of the Municipality to operate and maintain.
This solution was the only viable solution to develop the site in short order.
Otherwise the site would remain undeveloped until the Region constructs the
new trunk sewer beneath Highway 401 from the Toronto St. water pollution
control plant to Rudell Road. These works are not expected to be moving
forward for approximately ten years. Upon the construction of the new trunk
sewer, the Municipality can explore possible connection methods to the new
trunk sewer to remove the need for the forcemain.
2.0 CONCLUSION
The construction, operation, and maintenance is an integral component to the
existance of the Newcastle & District Recreation Complex. Therefore it is
recommended that the Municipality enter into the responsibility agreement with
the Region of Durham for the ownership and maintenance of the forcemain that
services the proposed site.
Report #EGD-046-07
PaQe 3
Attachments:
Attachment 1 - Key Map
Attachment 2 - Regional Resolution and Agreement
Attachment 3 - By-law
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I- 401 DRAWN BY: E.L. DATE: June 13, 2007
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I KEY MAP ATTACHMENT NO. 1
NEWCASTLE G:\Attachments\NewcastleRecFm. mxd
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The Regional
Municipality
of Durham
Legal
Department
605 ROSSLAND RD, E,
PO BOX 623
WHITBY ON L 1 N 6A3
CANADA
905-668-7711
Fax: 905-668-4752
Brian J. Roy
Regional
Solicitor
.. Service Excellence
for our Communities"
,.A~.
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ATTACHMENT NO.2
REPORT NO.: EGD-046-07
March 7, 2007
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Patti L. Barrie
Clerk
The Corporation of the Municipality of Clarington ( C'3!_ .
40 Temperance Street '~ -;; -.-.. . -
Bowmanville, Ontario l1 C 3A6 ',.:= ,~,:"J\:=C~
Dear Sirs,'--- ....--..--+-
re: Responsibility Agreement between the Regional' MU~;~~l'lt~if~~-=j.~
Durham ("Region") and The Corporation of the Municipality:6fClaringu:>A---.
("Clarington") regarding the proposed Rudell Road Recreation'CentrErTn"v'~.-'->l"
Newcastle - Our File AGT-19~07
(~~;~';'l:") t,;:.
Regional Council on October 4, 2006 passed a resolution which reads in
part:
"a) That the Region enter into a responsibility Agreement with the
Municipality of Clarington for the ownership, operation and maintenance
of a private sanitary sewage forcemain on Rudell Road and Regional
Highway No.2, with all costs to be borne by the owner."
In this respect, we have prepared and enclose a form of Responsibilility
Agreement for review by Clarington. ' If the terms of the agreement are
satisfactory, we would ask that you have the agreement executed by
Clarhlgton and returned to us for signing by the Region and registration on
title.
If you have any questions with respect to this matter, kindly contact Paul
Gillespie of the Region's Works Department at 905~668-4113 ex 3443 or
Adnan Naeem, a solicitor in the Legal Department at 905-668-4113 ex
2166.
Yours truly,
~LE' '~:-'W-T~\- )11- ""@
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MAR 2 8 2007
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Asfl'};;\.IP~asad ".
law Clerk
ap:encl .
cc: Paul Gillespie, Development Approvals, Works Dept.
MUNICIPAI.i ,': ~)f I.lj,'~I!IICi m'
Community Servlce~ LlflPI
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100% Post Consumer
RESPONSIBILITY AGREEMENT
This Agreement is dated the 6th of March, 2007
BET WEE N:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON,
a corporation duly incorporated under the laws of the Province of Ontario
("Clarington")
- and -
THE REGIONAL MUNICIPALITY OF DURHAM
(the "Region")
WHEREAS:
(a) Clarington intends to construct a Recreation Centre on the west side of Rudell Road,
south of Regional Highway No.2 in the Regional Municipality of Durham which is legally
described as:
Part of Lot 31, Concession 1, Township of Clarke, now in the Municipality of
Clarington, designated as Part 1 on Expropriation Plan DR-302420 save and except
Part 1 on Reference Plan 40R-24713 and Part 3 on Reference Plan 40R.22560 in the
Regional Municipality of Durham. (the "Property");
(b) The Recreation Centre will include a swimming pool, which will discharge filter backwash
and pool drainage to the sanitary sewer system, at a peak rate of approximately 19.8 lis
which will be in addition to the sanitary sewer discharge from the facility, estimated to be
6.3 lis.
(c) A 250 mm diameter sewer exists on Massey Street ("existing sanitary sewer") with
sufficient spare capacity to accept the (19.8 lis) discharge from the swimming pool.
Clarington wishes to construct a private pumping station on the site with a private
forcemain.
(d) Clarington wishes to construct the private pumping station at the Recreation Centre with
a private forcemain on Rudell Road and Regional Road No.2, to convey the sewage
from the Recreation Centre to the Region's existing sanitary sewer on Massey Street.
(the "System");
(e) Clarington and the Region wish to enter into this Agreement to ensure that Clarington will
bear full financial responsibility, in perpetuity, for the design, construction, operation and
maintenance of the System
Responsibility Agreement
Page 2
NOW THEREFORE Clarington and the Region for good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, mutually covenant and agree as
follows:
DESIGN AND CONSTRUCTION
1. Clarington shall be responsible for the preparation of all Plans detailing the design of the
System and shall be responsible for obtaining and maintaining all necessary approvals,
permits and licenses for the design, construction, operation and maintenance of the
System and any alterations to the System. Clarington shall construct the System in
accordance with the approved Plans which are described as:
The Newcastle Multi-Use Recreation Complex Pool Forcemain, General Plan.
Project Number: 1 0-06603, Drawing Number: G1
2. Clarington shall own, operate and maintain the System and shall have full control and
management thereof.
3. The Region shall not have any obligation or responsibility in any way to provide, operate,
maintain, repair, replace or guarantee any facility or equipment required for the System or
any part thereof.
4. Clarington upon providing reasonable notice to the Region may, at its expense,
decommission or remove the System.
5. Clarington shall comply with all Applicable Laws in the operation and maintenance of the
System.
6. Clarington shall be responsible for 100% of all costs and expenses directly or indirectly
related to the design, construction, approval, operation, maintenance, monitoring, repair
and replacement of the System and other matters to be provided by Clarington pursuant
to this Agreement without any contribution whatsoever from the Region.
REGISTRATION
7. Clarington shall ensure that upon the signing of this Agreement, this Agreement and a
reference plan outlining the construction area shall be registered against title to the
Property, for which Clarington shall bear the full legal fees and registration costs.
8. Clarington shall not make any application or permit or authorize any person to make an
application to remove this Agreement from title to the Property.
Responsibility Agreement
Page 3
TERM OF AGREEMENT
9. The term of this Agreement shall commence on the date that it has been executed by
both parties and shall continue in perpetuity unless terminated on the consent of both
parties.
SUCCESSORS AND ASSIGNS
10. This Agreement shall not be assigned by Clarington without the prior approval of the
Region.
11 . This Agreement ensures to the benefit of and binds the parties and their respective
successors and permitted assigns.
TRANSFER
12. Clarington shall not dispose of or transfer its interest in the whole or any part of the
Property without notice to the Region.
13. Clarington acknowledges that the System is not a public system and that there is no
intention that the System will become a public system.
AMENDMENTS
14. No amendment to this Agreement shall be effective unless it is in writing and signed by
both the Region and the Owners.
ARBITRATION
15. Any dispute, difference, issue or question arising between Clarington and the Region or
between or amongst the Region and any successor owner(s) which concerns or touches
upon the validity, construction, meaning, performance or effect of this Agreement, shall
be referred to and resolved by arbitration in accordance with the Arbitration Act, 1991,
S.O. 1991, c.17. The arbitration decision shall be final and binding and shall not be
subject to appeal under any circumstances (whether with respect to a question of law, a
question of fact, a question of mixed fact and law, or otherwise).
FURTHER ASSURANCES AND ADDITIONAL OBLIGATIONS
16. Clarington shall promptly and duly execute and deliver to the Region such further
documents and assurances, and take such further action as the Region may from time to
time request in order to more effectively carry out the intent and purpose of this
Responsibility Agreement
Page 4
Agreement and to establish and protect the rights, interests and remedies intended to be
created in favour of the Region.
IN WITNESS WHEREOF Clarington and the Region have executed this Agreement.
THE CORPORATION OF THE MUNICIPALITY OF
CLARINGTON
Per:
Jim Abernethy, Mayor
Per:
Patti L. Barrie, Municipal Clerk
THE REGIONAL MUNICIPALITY OF DURHAM
Per:
Roger Anderson, Regional Chair
Per:
P. M. Madill, Regional Clerk
ATTACHMENT NO.3
REPORT NO.: EGD-046-07
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2007-XXX
Being a By-law to authorize the execution of a Responsibility
Agreement between the Corporation of the Municipality of
Clarington and The Regional Municipality of Durham for the
operation and maintenance of the sanitary sewer forcemain on
Rudell Road and Regional Road Highway 2.
WHEREAS the Council of The Corporation of the Municipality of Clarington has
approved the recommendations of Report EGD-046-07, including the
recommendation that the Corporation of the Municipality of Clarington enter into
a Responsibility Agreement with The Regional Municipality of Durham for the
operation and maintenance of the sanitary sewer forcemain on Rudell Road and
Regional Road Highway 2.
NOW THEREFORE the Council of the Corporation of the Municipality of
Clarington hereby enacts as follows:
1. The Mayor and Clerk are hereby authorized to execute a Responsibility
Agreement between the Corporation of the Municipality of Clarington and
The Regional Municipality of Durham.
BY-LAW read a first and second time this XXth day of XX, 2007.
BY-LAW read a third time and finally passed this XXth day of XX, 2007.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk