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HomeMy WebLinkAboutWD-67-97t .+.- THE X~~!~0~~~~IX~~~~~ FC~L~~AXXXGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # ~~~ Date: Res. #~ / 7 October 20, 1997 By-Law # Report #: ~T File #: Subject: pROPOSED TRANSFER STATION AND OPERATING AGREEMENT Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-67-97 be received; 2. THAT Council direct Staff to complete the purchase and sale with Ontario Realty Corporation of the land and premises described as follows: Part of Lot 1, Broken Front Concession, in the Municipality of Clalington, (formerly Township of Darlington), in the Regional Municipality of Durham, consisting of approximately 13.097 acres and being more particulary described in Attachment No. 2, Agreement of Purchase and Sale; 3. THAT Council authorize the payment of 50% of the cost of hydro service, to maximum of $5000~to be financed from the Garbage Impact Reserve Account #2900-00011-0000; -- 4. THAT the cost of the purchase of the land and premises of $106,000 be financed from the Garbage Impact Reserve Account #2900-00011-0000, as identified through approved report ADMIN-39-97; and 5. THAT a copy of this report, together with Council's decision, be forwarded to the Commissioner of Works for the Region of Durham, and Canadian Waste Services Inc. REPORT 1.0 ATTACHMENTS Attachment No. 1 Key Map Attachment No. 2 Agreement of Purchase and Sale Attachment No. 3 Correspondence from Totten Sims Hubicki, dated October 10, 1997 regarding Environmental Site Assessment o.oF ~®aE~.~.E 1 ~ i~ 6 •~ P Nre c .e t:. .. .. n. .. . ,a^bf ~: f~ RBPORT NO.r ND-67-97 PARS 8 I. . .Attachment No. 4 Report No. ADMIN-39-97 Attachment No. 5 Report No. WD-35-96 2.0 SACRCiROL1ND 2.1 Further to Report ADMIN-39-97, approved by ..Council on August 18, 1997, particular attention should be paid to the." following two recommendations: 1. "THAT Council direct Staff to prepare .and. present to the - Ontario Realty Corporation a Conditional Offer of Purchase and Sale, covering the approximately l3 acre site located at 178 Darlington-Clarke Tawnline in the amount of $100,.000, once .all the relevant. documentation covering the appraised value of the lands and the cost of environmental clean-up, has been reviewed by Staff." 2. "THAT the offer be conditional. on the Muneipaiity of Clarington being awarded a Certificate of Approval from the Ministry of the Environment to operate a Waste- Transfer Station on the site, in a given period of time." 3 .0 REVII~CV~-. AND COMMENT 3.1 LA YALIIE At the time of writing of Report ADMZN-39-97 in August, 1997, the initial appraised value and cost of environmental clean-up- was estimated to be $135,000 and $30,000 respectively..-These estimates would-have. resulted in a net site appraisal of approximately $10b,0o0. Final appraisal figures-have.. set the'' net land value at $106,000. Staff is in agreement with'the .valuation. 3.2 CONDT,,_TIONS OF PURCHASE. AND &ALE As_the site is to be used as a waste transfer station, Staff has consistently recommended that there is n© _reason to proceed: with the any environmental. clean-up at this time. A 1107 ~r RBPORT ATO. i1A-67-97 PAd~ 3 "report prepared for the Ontario Ministry of Transportation by ..Jacques Whitford, Consulting Engineers - Environmental. Specialists, has recommended that an environmental clean-up is not recommended at this time. A review carriedout by our own consultants, Totten Sims Hubicki Associates Limited, confirms this recommendation. (Attachment No. 3) Report ADMIN-39-97 also :recommended that the offer would be conditional on the Municipality of Clarington being awarded a< Certificate of Approval from the Ministry of the Environment for the operation of a waste management transfer station on the site within a given .period of time. Staff has made :application to the Ministry of the Environment and it is -' anticipated that a Certificate of Approval will be forthcoming in the immediate future, prior to the anticipated closing date. In the-event that this Certificate of Approval is note in our possession at the time of closing of the purchase and sale, closing of the purchase can again be made conditional on receipt of a Certificate of Approval and be included in the agreement by the Municipality's solicitor. 3.3 Trane£sr Statioa Oneratina Agreement Further to Council approval of Report WD-35-96 on October 21, 1996, covering such items as haul rateer rate adjustments, royalties- and contract time limits, the delayed date of commencement for transfer station operations has necessitated the following modifications: 3.3.1 The transfer station will be owned by the Municipality of Clarington rather than leased by the Region.. 3.3.2 The Certificate of Approval will be issued to the Municipality of Clarington rather than the Region. 1~~~ ~. REPORT NO.: iPD-67-97 PAQR 4 3.3>3 Canadian Waete shall pay to the .Municipality of Clarington $1000 per month as rent for the. occupation of the land'and premises required for their operation. The. Municipality of Clarington shall perform site grading and pay 50~ of the cost of hydro service, to a maximum of $5000. 3_3.4 The transfer station agreement shall he £or a .term of five years. 3.3.5 3.3.6 3.3.7 3.3.8 Canadian waste .will provide liability insurance satisfactory to the Municipality. The rate adjustments previously approved in Report WD-35- 96 will be modified in accordance with the new date of commencement of the transfer station operating contract, A disposal service will be located on site for use of the general public to dispose of household. refuse• No provision is provided initially for recycling services: It is -intended that yard waste and recycling disposal facilities shall be provided once a need has been proven, and satisfactory arrangements completed with the contractor and/or Region. According to the terms of the Certificate of Approval,. all waste received shall be removed from the site the same day. 3.3.9. The final negotiated contract will ensure that the Municipality retains'a portion of the site o be used for ` outside storage. 1}09 ~,.. , x ~ _. _ .. ~2 n„,.: , ,~ ' ~ REPORT NO.: _ WD-67-97 ...,., ... _. ,.,, .... DA(38 5 fir" 4.0 RBCCDAT3O~3 4.1- It is respectfully requested that Council direct Staff to ..accept the Offer of Purchase and Sale based on the foregoing report to the Ontario Realty Corporation. in the amount of $106,000 covering the lands and premises in question. Respectfully submitted, Reviewed by, Ei!-'. V `A~''~ Staph n A`. Vokes, P. Eng. Director of Public Works /~U~~~~ W. H. Stockwell Chief Administrative Offieer Mamie Marano, H.BSc., AMCT Treasurer . SAV*DP*ce October 14, 1997 Attachments 1110 ~ ~ m ~ ~ I o o° 0 .~ ~~5 HighwayNO 2 ~e 3y1 ~a~ Browview Rd. ~~ SUBJECT LAND GI~~n Rd H a> Y (6 U 0 w m c ~ 178 DARLINGTON ~ c~ TOWNLINE ROAD p c 5.30 hectares ~ -p ~ > D! .a J O i Highwa No. 401 U ~ ~ e ick Rd. - e t i~~ ; ~ '; I 3 v ~ ~ N ~ 9C/BJE S! E W -~ m , ~ EIS 2 ~~-- ~ &awAex RU. ~i ~ „- c ~ ~ ~ ~ ~. z N .N¢c„ c° ~ ~ -^~ 3~ C:IMARINFOICLARWTTACHS~DARLLWASTDEP.WOR ~ ~~ `~~ a DRAWN BY: J.R.M DATE: OCT. 1996 ~~ ~ U ATTACHMENT NO. 1 # _ ~`"i`V yk dl i x~. 'x" ag.. k ~~~~-~~ ~` KEY MAP REPORT No. WD-67-97 idw„ ~. k~_ , . ...~., .~~~° ~~~ 1il MEMORANDUM TO: D.B. Patterson, CET, Manger of Operations, Municipality of Clarington FROM: D.R. Bourne, Projects Manager, Totten Sims Hubicki DATE: October 10, 1997 RE: M.T.O Patrol Yard, Lot 1, Con. B.F. Darlington, Municipality of Clarington We provide herewith one (1) copy of a letter report dated September 22, 1997., prepared by Environmental Associates commenting on existing environmental issues relative to the subject property. We had access to a report dated April 1997, prepared on behalf of the property owner, by Jacques Whitford Environment Ltd.. Additionally, our review included a cursory inspection of the site. It is our opinion that the purchase of the property by the Municipality of Clazington for the use intended would be acceptable and without future liabilities. ~~~~,~ ~ .1~~a~ac_<_~.__x~_~~ D.R. Bourne Projects Manager DRB/ag eeva~ encl. ATTACHMENT N0. 3 REPORT N0. WD-67-97 ttten Sims hubicki associates _ lii9 ~ Environmental ~ 29 John Street Phone:613-549-0343 Suite 2 Faz: 613-547-9547 Associates IGngston, ON K7K IS8 Emeil: aeearocheb~aJcing.igs net Memorandum To: Dan Bourne,TSHCobourg From: Brian Roche, B.Sc., M.E.S. Cc: Date: September 22, 1997 Subject: Phase II Environmental Sue Assessment, Newcastle Patrol Yard, Newcastle, Ontario • PURPOSE: To summarize potential environmental concerns for the Newcastle Patrol Yazd as related in the Jacques Whitford Environment Limited (JWEL) draft report (April 1997). • SUMMARY: Of the environmental concerns noted in the report the only long-term issue for the Municipality, upon purchase of the properly, would be the monitoring of ille groundwater contamination, a result of previous salt storage on site. The groundwater sodium plume is currently contained on site and no further contamination is expected. The municipality in purchasing the subject property in my opinion is not inheriting any environmental problems or responsibilities other than those described herein and would not be taking on any further environmental liability. The contamination clean-up/monitoring identified may readily be made a consideration of the purchase price without any further liability or encumbrance. • METHODS: As per the request from Totten Sims Hubicki Associates (Cobourg), the Phase II Environmental Site Assessment Draft Report for the Ministry of Transportation's (MTO) Newcastle Patrol Yazd located in Newcastle, Ontario was reviewed to determine issues of concern for the Municipality. The Municipality is interested in purchasing the subject property. • RESULTS: For the sake of simplicity and clarity the relevant environmental issues have been summarized below. It should be noted that upon purchase, unless otherwise specified, the Municipality would beaz the responsibility for dealing with the various issues. PCBs: The presence of PCBs on site is due to the storage of 50-80 fluorescent lights which predate the 1977 PCB ban on their use in buildings. The JWEL report suggests that MTO is the responsible authority. However, it should be noted that the Municipality of Clarington which went through a fluorescent light replacement program could dispose of the lights in their own storage facility created for just such materials. For this reason, the PCB issue is not considered a serious issue for the site. Ai Environmental Associates - ~iL Asbestos: The asbestos on site is found in the vinyl floor tiles in the maintenance building. The tiles predate the 1986 ban on the use of asbestos. The asbestos is in anon-friable form meaning that it asbestos fibres aze only released when power tools aze used to cut or shape the material. The asbestos on site would not represent a hazard until the material is disturbed through removal or renovation. USTs: The gasoline Underground Storage Tank and its associated lines are of a suspected 1966 vintage and are not currently in use. This tank will require removal as per the Gasoline Handling Code of the Gasoline Handling Act. ASTs: As with the UST, this Aboveground Storage Tank is not in compliance with the Gasoline Handling Code of the Gasoline Handling Act. The JWEL report recommended that the ASTs be brought upto code through placement of suitable containment structures, the assumption being that the AST would still be used. The cost was estimated to be $ 4,000. If the AST is not to be utilized again, it can be removed for approximately $ 2,000. Salt Contamination: A sodium chloride plume was found on site in the groundwater, a result of long-term contamination from the salt dome and shed on the property. The groundwater salt contamination is in the central part of the property and off-site contamination is not considered an issue. Given that no further storage and use of the site as a road salt depot is expected for many years (if even then), and that the contamination is contained on site, the natural attenuation was recommended. Under this option the groundwater salt contamination is left in place with long-term monitoring involving the installation and monitoring of 5 additional well downgradient of the salt plume involving a cost of $ 3,000 plus $ 2,000 per yeaz. Per: ~G"'9-Y Brian Roche, B.Sc., M.E.S. Biologist ,~E Environmental Associates l~l THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ISX0C1~2Nd~K}4~I1fi'K~7{ REPORT Meeting: SPECIAL COUNCIL MEETING File # Res.# _ Date: AUGUST 18 1997 By-Law # Report #: ~~ F~j#: Subject: pROPOSED TRANSFER STATION Recommendations: It is respectfully recommended that Council approve the following: 1. THAT Report No. ADMIN-39-97 be received; 2. THAT Council direct staff to prepare and present to the Ontario Realty Corp. a Conditional Offer of Purchase and Sale, covering the approximately 13 acre site located at 178 Darlington-Clarke Townline in the amount of $100,000, once all the relevant documentation covering the appraised value of the lands and the cost of environmental clean-up, has been reviewed by staff; 3. THAT the offer be conditional on the Municipality of Clarington being awarded a Certificate of Acceptance from the Ministry of the Environment to operate a Waste Transfer Station on the site, in a given period of time; and, 4. THAT a copy of this report, together with Council`s decision, be forwarded to the Commissioner of Works for the Region of Durham, and Canadian Waste Services Inc. 1.0. BACKGROUND l.l. Effective December 31, 1994, The Municipality of Clarington entered into a five year contract with Laidlaw Waste Systems Ltd. for the collection of residential waste within the m~~nicipality. Once collected, Laidlaw delivered same to the B=-ock West Landfill Site in Pickering, under the direction o- the Region of Durham, who has the responsibility of waste disposal for the member municipalities within the Region. 1.2. O~ June 11, 1996, the Regional Works Department advised Regional Council that Metropolitan Toronto intended to close the Brock West Landfill Site which resulted in Durham making ocher arrangements for the disposal of waste. ATTACHMENT N0. 4 REPORT N0. WD-67-97 ..., ° ®.~~.~.. ~ ~I L ~ - 1.3. In the same report to Regional Council, staff outlined an agreement whereby three separate contracts would be entered into regarding waste disposal. 1.4. On September 3, 1996, the Regional Council directed staff to enter into an agreement with Laidlaw waste Systems for the haulage and disposal of approximately 13,400 tonnes per year of residential solid waste from the Municipality of Clarington, until December 31, 1999. 1.5. In entering into this agreement with the Region of Durham, Laidlaw Waste proposed to utilize the existing transfer facilities at Pebblestone Multi-Services in Whitby until a proper transfer station could be established in the Municipality of Clarington, at which time Laidlaw would then dispose of the Clarington waste at their licensed disposal site near Napanee, Ontario. 1.6. On October 21, 1996, under Report # WD-35-96, Clarington Council advised the Region of Durham of their support for the establishment of a waste transfer station in the Municipality of Clarington, directing staff to work with Laidlaw regarding a site presently owned by the Ministry of Transportation, consisting of approximately 13 acres, located at the Darlington/Clarke Townline Road, just north of Highway 401, known as 178 Darlington-Clarke Townline. 2.0. REVIEW AND COMMENT 2.1. THE SITE Fc= the past number of months, staff has been negotiating with the Ontario Realty Corp. regarding the site in question. After a lengthy process, we have now been successful in having the site declared "surplus" by M.T.O., ar_3 are presently in a position to put forth a Conditional Of-er of Purchase and Sale to Ontario Realty Corp. 2.2. S.?E CONDITION Thy site in question has been used for the past number of years by M.T.O. as a works yard, primarily for the ma_ntenance of Highway #2, in the Clarington area, and has become "surplus" since M.T.O. passed the responsibility for Highway #2 onto the Region of Durham. However, since the s_~e has been used for the storage of salt and fuel for the ma_ntenance equipment, there is some environmental clean-up teat must be done prior to the disposal of the property. 2 . 3 . L= 'CD VALUE We understand from Ontario Realty Corp. that they have a recent evaluation of the property that establishes a value o= approximately $135,000. The cost of environmental clean- 113 up of the site has been estimated in the are of $30,OD0. we are presently awaiting both of these reports from Ontario Realty Corp., who have agreed to provide copies of same. 3.0. CONDITIONAL OFFER OF PURCHASE AND SALE 3.1. As the site is to be used as a waste transfer station, there seems to be no reason to proceed with the environmental clean-up at this time. Under the circumstances it is recommended that staff be given the authority by Council to prepare and present a Conditional Offer of Purchase and Sale in the amount of $100,000 once both of the above-mentioned reports have been verified. 3.2. This offer would be based on the environmental clean-up NOT being carried out by the Ontario Realty Corp., and would also have a "hold-harmless" clause written into the agreement that would release the Province from all future liability that may result from the lack of environmental clean-up. 3.3. The offer would also be conditional on the Municipality of Clarington being awarded a Certificate of Acceptance from the Ministry of the Environment for the operation of a Waste Management Transfer Station on the site within a given period of time. 4.0. CAPITAL AND OPERATIONAL FUNDING 4.1. The necessary Capital funding for the project would be available in the Garbage Impact Reserve Account (Account #2900-11-X) which presently has a balance in excess of 2.8 million dollars. In regards to the operating costs of the project, it would be staff`s intention to negotiate an operational contract with Canadian Waste Services Inc., previously Laidlaw, who presently hold the waste collection ccntract for the Municipality, thereby leaving no operational costs with the Municipality and providing a rental income from the property. Any final agreement on operations will be presented to Council for approval. 5.0 RECOMMENDATIONS 5.1. It is respectfully requested that Council direct staff to p~-=_sent a Conditional Offer of Purchase and Sale, based on to foregoing report, to the Ontario Realty Corp. in the ac.ount of $100,000 covering the lands in question. Respectfully submitted, w. H. S~ockw 11, Chief ?.dministrative Officer 1 I L THE CORPORATION OF THE MIINICIPALITY OF CI~ARINGTON XXXC~f~~~7~]~{i~{~~l~~~XT7~~}~CT1~3~CXX REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # _ Dale: October 21, 1996 ReS. #_ By-Law # Report#: WD-35-96 File#: SUbject: GARBAGH COLLECTION, 1997 - 2001 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-35-96 be received; 2. THAT the Council of the Municipality of Clarington supports the proposal by Laidlaw Waste Systems Ltd. to establish a~ transfer station at 178 Darlington/Clarke Townline Road South, south of Highway No. 2 (the former- Miaistry of Transportation of Ontario Works Depot); 3. THAT the Region of Durham be advised that the Municipality of Clarington supports the establishment of a transfer station; 4. THAT the existing contract for garbage collection, paragraph 24, Schedule D, Contract CL-94-36, be revised to refer to a negotiated rate per stop, rather than a kilometre rate; 5. THAT Council approve a rate per stop of $2.88, amounting to a reduction of approximately 3~ on the 1996 rate of $2.97 (projected 5.5~ reduction on the 1997 rates), to take effect upon commencement of operations at the transfer station; 6. T3.AT a royalty be paid annually to the Municipality of Clarington amounting to .approximately $55,000 in 1997 from charges on all ?=dustrial/Commercial/Institutional (I.C.I.) waste passing through the __ansfer station; ATTACHMENT N0. 5 REPORT N0. WD-67-97 1~5 REPORT NO.. WD-35-96 PAGE 2 7. THAT royalties paid be deposited into the General Capital Reserve Account No. 2900-17-X for Municipal Uses, as determined by Council through the annual budget process; 8. THAT Contract CL-94-36 be extended for two (2) years, concluding co- incidental with the Region's five (5) year contract on December 31, 2001; 9. THAT there be no increase in the contract price during the two (2) year extension over and above the rate achieved through the application of the Consumer Price Index (C.P.I.) adjustment, as identified in the existing contract; 10. THAT the Purchasing By-law, Paragraph 5.06, be waived for tendering the contract for the two (2) years beyond the existing agreement, Contract CL-94- 36; and 11. THAT Laidlaw Waste Systems Ltd. be advised of Council's decision. REPORT 1.0 ATTACHMEN'P No. 1: Key Map No. 2: Region of Durham Report 96-WR-9 No. 3: Correspondence from Laidlaw Waste Systems Ltd. dated October 16, 1996 2.0 BACRGROIIND 2.1 Region Disyosal Contract Award The current landfill site, Brock West in Pickering, will be closed on November 30, 1996. As a result, the Region of Durham has been negotiating a five (5) year contract for the disposal of waste for the area municipalities. The Region of Durham awarded on September 3, 1996, through Report 96-WR-9 (Attachment No. 2), the contract for the disposal of Clarington's waste at a cost of $66.25 per tonne to be tipped either at Pebblestone Multi-Services Inc. in Whitby or at a negotiated transfer station site in Clarington. ~ttachment No. 2 outlines the June 19, 1996, approved Region recommendation that "the Region continue to negotiate with Laidlaw Waste Systems Ltd. to provide a waste transfer facility in Clarington for Clarington's residential solid waste". 1 i c. b - REPORT NO.: WD-35-96 PAGE 3 The Region of Durham has verbally advised staff that they have no objection recommending approval of the 178 Darlington/Clarke Townline Road M.T.O. site to Regional Council, provided that the Municipality of Clarington approves the transfer station. The negotiated rate with Laidlaw Waste Systems Ltd. of $66.25 per tonne represents a significant savings to Clarington through the Regional charges . for disposal. This rate, when averaged with the $71.75 and $70.75 being charged at the other two (2) transfer stations (Pebblestone Multi-Services Inc. in Whitby and Durham Materials Recovery in Pickering), lowers the overall cost to the municipalities in the Region of Durham, thus providing a benefit to all. 2.2 Municipality of Claringtoa Negotiations Staff has met with representatives of Laidlaw Waste Systems Ltd. to discuss the options available under the existing contract and those associated with the establishment of a transfer station site within Clarington. They have agreed to the points covered in this report (see Attachment No. 3). The current contract provides that, with a change in the disposal site, the opportunity exists to negotiate a reduction or increase in the rate for the difference in kilometres travelled to any new site. Because of the haulage distances involved, the potential for savings is greater if Council were to consider establishing a transfer station site in Clarington_ Ii it is not approved, further negotiations would be required to finalize a change to the rate to dispose at the Pebbleatone Multi-Services Inc. site in Whitby. The current contract, which is for a five (5) year term from 1995 to 1999 inclusive, provides for an annual adjustment for the Consumer Price Index (C.P.I.) to the original rate of $2.88 per stop/per month. This allows for either an increase or a decrease to the per stop rate. The 1996 unit rate per stop is $2.97 and is eligible for an adjustment again on January 1, 1997. The January 1, 1997 rate is estimated at this time to be $3.04 based on an estimated 2.5~ C.P.I. adjustment. hree (3) issues were discussed regarding the opportunities to Clarington if _ transfer site is approved: a) The per kilometre haulage rate negotiable under the existing contract; 1i~7 REPORT NO.: WD-35-96 PAGE 4 b) The anticipated additional Industrial/Commercial/Institutional (I.C.I.) sector waste at a transfer station. c) The possibility of extending the existing contract for two (2) years to coincide with the five (S) year term of the Region of Durham for disposal; and 3.0 REVIEW AND COMbffiNT 3.1 A Transfer Site Within Clarington If Council approves the transfer station site within Clarington, it is not approving a landfill site. The proposal is to bring waste to the site at Darlington/Clarke Townline Road in the vicinity of the Highway 401/115 intersection, compact it and transfer it to larger vehicles for haulage to Laidlaw Waste Systems Ltd. landfill site near Napanee. The advantages to Clarington of a transfer site are: a) Laidlaw WastQ Systems Ltd.'s low bid for disposal, through the Region of Durham contract, was put forward to provide Clarington with a low disposal rate. This low disposal rate, when combined with the other overall advantages of a transfer station, would be of financial benefit to Clarington. b) The location of the site within Clarington results in less haulage distance for Laidlaw Waste Systems Ltd. under the existing contract. This, in turn, provides an opportunity for Clarington to realize some part of these savings. c) Potential revenues to the Municipality of approximately $75,000 to start, from a combination of royalties from I.C.I. waste and the "per stop" rate negotiated (discussed in further detail below). d) The residents of Clarington wQUld have a site available to dispose of waste within their Municipality rather than driving to Oshawa or Blackstock. The potential exists for future revenue associated with user fees for public access. If Clarington were to introduce user fees for direct garbage disposal by individuals it would be -ix~ consideration of the rates being charged elsewhere in the Region of Durham. l~cd m m ca m 0 D_ c 0 .~ a~ High~,yaYlVo ? SUBJEC `LAND I II- a~ Y t6 U c 0 c 178 DARLINGT011 ~ TOWNLINE ROAD p 5.30 hectares o ~. `~- -' EII ^' M Na r s° ''\ ~e ~~~ 3y~~1~ ~o• Browview Rd. Glen Ra c ~G .~ > o! 0 J ~I~ KEY MAP No. 401 U N W' C:UMP~NFO\CLARNTTACHS1pARlLWASTOEP. WOR DRAWN BY: J.R.M DATE: OCT. 199fi WD-35-96 l~ Municipality of Durham Department Commissioner's Repoli to Works Committee Report 96-WR-9 Date September 3, 1996 Su 'ect AGREEMENT FOR THE HAULAGE AND DISPOSAL OF RESIDENTIAL SOLID WASTE FROM THE MUNICIPALITY OF CI.ARINGTON Recommendations A THAT subject to the approval of the Finance and Administration Committee, the Region enter into an agreement until December 31, 1999 with Laidlaw Waste Systems for the haulage and disposal of approximately 13,400 tonnes per year of residential solid waste from the Municipality of Clarington at a cost of $66.25 per tonne plus applicable taxes; B. THAT the Regional Chair and Clerk be authorized to sign the above noted agreement Reoort On June i9, 1996, the following recommendation was approved by Regional Council: "That the Region continue to negotiate with Laidlaw Waste Systems Ltd. to provide a waste transfer facility in Clarington for Clarington s residential solid waste." Regional staff met with Iaidlaw Waste Systems Ltd. on several occasions to negotiate such an agreement. Laidlaw Waste Systems Ltd. was prepazed to make an offer to haul and dispose of all of Claringtons residential solid waste, even if a waste transfer facility has not been approved or established. They agreed to take the full responsibility for the transfer of waste from their collection trucks, as they currently provide local garbage collection service to Clarington residents, to their lice-sed disposal site near Napanee, Ontario. ' On _~ugust 6, 1996, the Region received a signed contract offer from Laidlaw Waste Systems Ltd. ` to prox~de the necessary haulage and disposal services for Clarington's waste. The offer included the ' ~ required certificates of insurance, agreement to bond, and a unit price to undertake the work. Then propose to utilize the existing transfer facilities at Pebblestone Multi-Services Inc. in Whitby until they can establish their own facility in Clarington and the cost is $66.25 per tonne. Service is to ~:_rt on December 7, 1996 and continues until the garbage collection contract between Laidlaw any Clarington expires on December 31, 1999. It is estimated that Claringion generates apr-oximately 13 400 tonnes of residential solid waste per year. ATTACHMENT N0. 2 WD-3 5-9 6 VVM 1 ps ~~ ~~ "~0 Page 2 __ Report 96-WR-9 Date September 3, 1996 ReRort {cont'dl Regional Council on June 19, 1996 authorized the Region to enter into 5 year agreements with Pebblestone Multi-Services Inc. and Durharn Materials Recovery Facility Inc. for the transfer, haulage and disposal of residential solid waste from all Area Municipalities except Clarington. These agreements take effect on December 1, 1996 and the costs to transfer, haul and dispose of waste are $71.75 per tonne and $70.75 per tonne, respectively. The impact of this agreement in combination with other two waste agreements, the leaf and yard waste contract, as well as the blue box recycling program will be examined this Fall as part of the annual review of the Solid Waste Managemem Budget. This review will assist in the establishment of the 1997 uniform systems rate for waste disposal. This agreement with Laidlaw Waste Systems will complete the Regional agreements for the haulage and disposal of residential solid wastes for the next 3 to 5 years. J. S.~Lorne, C.E.T., M.B.A., CPPO V.A.Silgailis,P.Eng. Man er of Supply & Services Commissioner of Wo 13 1 :1 - LJA,O.~JL'IOd WASTE SYSTEMS LTD. - - ~ - 1126 Fewster Drive Mississauga, Orisario L4W 2A4 Tel: (905) 624-8363 Fax: (905} 624-6050 October 16, 1996 The Corporation ofthe Town ofClaty~ton. 40 Temperance Street Eowmanvrlle, Ontario L1C 3A6 Attention:' Steve Vokes P.Eng. Subject: Transfer Station Discussions Dear Mr. Vokes, The Town of Chrington and Laidlativ Crave been meeting on several occasions over the past few months to disczlss fhe posstbi3ities o~locating a new ttahsfer station at 178 Darlutgton / Clarke Townline Road South in Clarington. Laidlaw has agreed to t>3adertake all aspects of permitting and siting this fac11ity, and would da so w~h the tmderstanding that the Town of Claruzgton would sztppozi the application tlaxough the Region and h~inishy of the Environment and Ener~w,-. This letter wz71 serve as written conformation of the items.as cve have:discussed and agreed upon dozing our meetitlg.of)?ziday October l 1, 1996. Since the transfer station's primary use w-11 be for transferring the Town's Iv1SW, the ha~o parties have agreed to maxim;~e the savings which wz71 result froze the siting ofthis facility. The terms of our agreement.are outlined as follows: 1. the rate per stop as chazged by Laidlaw to the Town will be zedttced lirozn Uze current rate of 52.97 to 52.88 upon commenceme~ of.operations at the above noted transfer facr7t-ty 2. Laidl3w w171 pay the Town of Chrington the' previously agreed upon. rate for any lndustzial /Commercial / ltLStitutional waste that is transferred at this facility . _ _ ~ ~ ATTACHMENTNO. 3 WD-35-96 1 ~~ ~ _Y .- -.. .-..-...-rr •. r... v, rev-.r~rv'~ ~.~~v1 I_~ -Oi qC.-/ i-P~ 3.. the current residential collection contract between the Town and Laidlaw w~71 lie extended by 2 years from December 31, 1999 to December 31,.2001 ' 4. the annual CPI as outlined in schedule `'B" (item 25.2) of the contract CL-9436 wi11 continue to apply We at Laidlaw look forward to .workiaig with the Town of Clarington to continue to provide a service ofthe highest quality and value. Y; ~~~ i $ruce R Mortensen . Manager Municipal Markets. _) ~T CI.ICTC;C ~iCHn MH'T ITi H'T -1Jll?1-I ry1 =q~ 96-[.~-~~ 0300197 AGREEMENT OF PURCHASE AND SALE BETWEEN; HER MAJESTY THE QUEEN, in right of Ontario, as represented by the Chair of the Management Board of Cabinet (hereinafter called the "Vendor") - and - THE CORPORATION OF THE MUNICH'ALITY OF CLARINGTON (hereinafter called the "Purchaser") Land (MBS) Under this Agreement the Vendor shall sell and [he Purchaser shall buy the land and premises, (hereinafter referred to as the "Land"), being more particulazly described as follows: Part of Lot 1, Broken Front Concession, in the Municipality of Clazington, (former]y Township of Darlington), in the Regional Municipality of Durham, consisting of approximately 13.097 acres and being more particularly described in Schedule "A" attached hereto and shown on the sketch attached hereto as Schedule "B". DATE OF CLOSING 1. Closing shall take place on the 15th day of December, 1997, (the "Date of Closing") or earlier on the mutual agreement of the pazties hereto subject to the fulfilment of the condition in Section 23 of this Agreement. PAYMENT OF PURCHASE PRICE 2. (1) The Purchaser shall pay to the Vendor the sum of ONE HUNDRED AND SIX THOUSAND DOLLARS ($106,000.00) (the "Purchase Price") in lawful money of Canada, as the purchase price for the Land, made payable to the Minister of Finance, as follows: (a) the sum of TEN THOUSAND DOLLARS ($10,000.00) (the "Deposit") by certified cheque or bank draft, as a deposit upon the submission of this Agreement to the Vendor, to be credited to the Purchase Price on the Dale of Closing, and (b) the balance of the Purchase Price, subject to the usual adjustments, by certified cheque or bank draft, on the Date of Closing. ATTACHMENT N0. 2 ' REPORT N0. WD-67-97 ! i i t] °, . ~z- (2) The Purchase Price of the Land does not include Federal Goods and Services Tax (G.S.T.) payable by the Purchaser in respect of the purchase of the Land pursuant to the Excise Tax Act (Canada) (the "Act"). The Purchaser shall, on the Date of Closing, as a condition of completion of this transaction of purchase and sale, remit to the Vendor, by certified cheque or bank draft, G.S.T, at the raje of 7% of the Purchase Price. However, if the Purchaser provides to the Vender, prior to the Date of Closing, confirmation that the Purchaser is a registrant under the Act, including the Purchaser's registration number, together with an updertaldng in a form reasonably acceptable to the Vendor to the effect that the purchaser shall remit as required by the Act any G.S.T. payable in respect of the sjtle of the Land to the Purchaser and shall indemnify the Vendor in respect of any O.S.T. so payable, then the Purchaser shag not be required to remit to the Vendor O.S.T. on the Date of Closing as aforesaid. INSPECTION AND CONDITION 3. The Purchaser acknowledges having inspected the Land prior to executing and submitting this Agreement to the Vendor, 4. The Purchaser acknowledges. receiving a copy of a Phase I Environmental Site AssessmenUTank Removal Verification Report prepared by Agra Earth & Environmental dated May 8th, 1997. 5. The Purchaser acknowledges that it has sadsfied itself with respect to the zoning and other land use policies and regulations applicable to the Land and agrees to purchase the Land ` subject to such existing zoning a[td other land use policies and regulations. 6. The Vendor warrants that it has not authorized the re-insulation of the premises on the Land with urea formaldehyde foam insulation. 7. The Purchaser agrees to purchase the Land in its current condition and agrees that the Vendor shall not be obliged to perform any work in respect of the Land in order to bring the Land or any part of the Land into compliance with any standards in respect of building, plumbing, heating, electrical wiring and accessories, safety, health, weed control or any other matter whatsoever. The Purchaser also agrees not to make any claim against the Vendor in respect of any of the work that may be required. - RISK 8. The Vendor is self-insured. In the event of damage to the Land, the Purchaser may terminate this Agreement and have the deposit returned without interest or accept a reduction in the Purchase Price determined by the Vendor. APPROVAL BY-LA W 9. The Purchaser warrants that its purCltase of the Land is authorized by a by-law duly enacted and passe by the Council of the Corporation of the Municipality of Clarington, as By-Law No. 3 PLANNING ACT 10. This Agreement is subject to compliance with Section 50 of the Planning Act, R.S.O. 1990, c. P.13. The parties aclmowledge that the Purchaser is by virtue of clause 50(3)(c) of the Act, exempt from compliance with Section 50 and agree therefore that no consent will be obtained for the conveyance or transfer of the Land. 1~~3 ,, . - 3 - TITLE 11. The Purchaser shall accept title subject to: (a) all easements existing at the date of acceptance of this Agreementi and (b) other agreements and restrictions on Utle to the extent that they have been complied with. INVESTIGATION OF TITLE 12. (a) The Purchaser shall have thirty (30) days from the date of acceptance of this Agreement to investigate title at the Purchaser's expense and if withJn that time the Purchaser furnishes the Vendor In writing with any valid objection to title which the Vendor is unwilling or unable to correct, this Agreement shall be terminated notwithstanding any intermediate acts or negotiations with respect to such objection and the deposit money shall be returned to the Purchaser without interest and the Vendor shall not be liable for any costs or damages. The Purchaser agrees not to call for the production of any title deed, abstract, survey or other evidence of tipe to the Land except such as aze in the possession or control of the Vendor. (b) The Purchaser shall satisfy itself as to compliance with any Subd{vision or other Agreement or restriction and the Vendor shall have no obligation to obtain any release or to provide any evidence of compliance. ASSIGNMENT OR REGISTRATION 13. The Purchaser shall not assign or register this Agreement or any assignment of this Agreement or.any part of either or register a Ca4tion in relation thereto without first obtaining the consent of the Vendor in writing, which consent the Vendor may azbiVarily withhold. PREPARATION OF DOCUMENTS 14. The Transfer/Deed of Land will be prepazed by the Vendor except the Affidavit of Residence and Value of the Consideration, and each party shall pay its own legal and registration costs. GENERAL 15. The Purchaser warrants that the Purchaser is not anon-resident of Canada pursuant to the Land Transfer Tax Act (Ontario). 16. Time shall be of the essence. 17. Any covenants in this Agreement not completed on or before the Date of Closing shall survive the closing of this transaction, 18. Any tender of docwnents or money hereunder may be made upon the Vendor or the Purchaser or their respective solicitors on the Date of Closing, liln ... 4 19. Signature of this Agreement by the yurchaser and submission thereof to the Vendor constttutes an offer under seal which Js irrevocable until midnight on the 27th day of Octpber, 1997. This Agreement when Accepted constitutes a binding contract of Purchase and ,Sale. 20. This Agreement constitutes the entire agreement between the parties and there is no representation, warranty, collateral agreement or condition affecting this Agreement or the Land other than expressed herein. 21. Whenever the singular is used in this Agreement it shall mean and include the plural and whenever the masculine gender is used in this Agreement it shall mean and include the feminine gender if the context so requires. NOTICE 22. Any notice under this Agreement is suf(ciently given if delivered personally or if sent by ordinary prepaid mail or prepaid courier or facsimile to the Purchaser at: and to the Vendor at: CONDITION PRECEDENT 40 Temperance Street Bowmanville, Ontario L1C 3A6 Attention: Don Patterson Telephone: (905) 263-2291 Facsimile: (905) 263-4433 c/o Ontario Realty Corporation 777 Bay Street, 15th Floor Toronto, Ontazio MSG 2FS Attention: Paul Salerno, Marketing Co-ordinator, Institutional Mazketing Section Telephone :(416) 585-6751 Facsimile: (416) 585-7577 23. (a) It is a condition precedent of this Agreement, that the Vendor obtain the approval of the Lieutenant Govemor in Council to this Agreement on or before the 8th day oP December, 1997, and this condition will cease to exist on the date the Vendor notifies the Purchaser in writing that the Vendor-has obtained such approvah (b) If the Vendor is unab]e to obtain the approval of the Lieutenant Govemor in Council on or before the 8th day of December, 1997, this Agreement shall be at an end and any money paid by the Purchaser to the Vendor shall be returned without interest or deduction unless the time is extended in writing by mutual consent of the pazties hereto. i I OFFERED BY [he Purchaser this day o Witness ~ Witness ~ ACCEPTED by the Vendor this day of - 5 - f , 1997. THE CORPORATION OF THE MUNICIPALITY OF CLARIryGTON 1997. HER MAJESTY THE QUEEN, in right of Ontario, as represented by The Chair of the Management Boazd of Cabinet Authorized Signing Officer 1.5 , ~ '. Schedule "A" All that portion of Lot 1, Broken Front Concession in the Towpship of Darlington in the RegiPnal Municipality of Durham having an area of 13.097 acres, more or less, and shown on a Plan of Survey P-2695-81 attached to Instrument Number N23893 and being more particulazly described as follows; PREMISIIQG THAT all bearings herein aze Astronomic, derived from the centre line of construction of the Kings' Highway Number 401 shown on Plan P-2695-54 and aze referred to the meridiap passing through the intersection of the divided highway and the line between East Whitby anq Whitby Townships in longitude 78 degrees 53 minutes 45 seconds West; COMMENCING at a point, marked by a monument, in Lot 1, Broken Front Concession, which may be located by starting at the north-west corner of Lot 1 and the following courses and distances: (1) south 17 degrees 39 minutes East, 2239.91 feet; and (2) north 70 degrees 41 minutes 30 second East, 541.20 feet to the point of commencement, THENCE North 17 degrees 38 minutes West, 10.0 feet, more or less, to a wire fence existing in January, 1964; THENCE North 17 degrees 38 minutes West along the wire fence 702.50 feet, snore or less, to a monument; THENCE North 17 degrees 38 minutes West, 20,0 feet; THENCE North 72 degrees 48 minutes East, 20.0 feet, more or less, to a monument; THENCE North 72 degrees 48 minutes East, 743.0 feet, more or less, to a monument; THENCE North 72 degrees 48 minutes East, 20.0 feet, more or less, to the eastefly limit of Lot 1; THENCE South 17 degrees 34 minutes Fast along the easterly limit 20.0 feet, more or less, to a monument; THENCE South 17 degrees 34 minutes Fast continuing along the easterly.limit 704.49 feet, more or less, to a monument in a wire fence existing in January, 1964; THENCE South 72 degrees 18 minutes West along the last mentioned wire fence 771.19 fee[, more or less, to a wire fence existing in January, 1964; THENCE South 72 degrees 18 minutes West, 12,0 feet, more or less, [o the point of commencement. 1.7 l3 no•o e.cowe..c e eewo oE•of~i 'n~.o LO'* i BROHEN FRONT' CONCESSIUIV GEOGRAPHIC TW P. OF DARLINGTON ~AEf'q \\ S a~i+e'Ih'OEaQ efe r...~oO~;f[ p;°e..,, `. ~ w ~ 1 u l z W E Y ll 0 V Sfeiit •ewµ J - V ^ ~° a s c m a N = C W O U 2 ~ 0 3 u tOwuS~+~,+ OF OegLiap l6N ~~ ,atu une eert uoi nxaal iME n rNG'S NrG ~~ W4~ ~__ Nt ^Or ______ •~.,...a.,..... N0062 '' `j . ; . I i ~'