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HomeMy WebLinkAboutCOD-010-10CI8CIII~COIl REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: March 29, 2010 Resolution#: ~opl~'aa5"~~ By-law#: c~Ol0~Q36 Report: COD-010-10 File: Subject: ARRANGEMENT WITH KOBES NURSERY WHOLESALE FOR INSTALLATION AND PERMITTED USE OF A DRY HYDRANT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-010-10 be received; 2. THAT an agreement between the Municipality of Clarington and Kobes Nursery Wholesale, Hampton, ON be approved, as proposed in Schedule "A", Attachment 1, Draft Agreement, conditional on approval by Kobes Nursery Wholesale; and 5. THAT the attached By-law marked Schedule "B", Attachment 2, be approved authorizing the Mayor and the Clerk to execute the necessary agreement. Submitted by: c --_~1~~ Reviewed by: ~/ arie Marano, H.B.Sc., Franklin Wu, C.M.O., Director of Chief Administrative Officer Corporate Servic `"~ L Nancy Ta o , B. ., .A., Director f Finance/Treasurer MM~,1D61km CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 90523-3379 REPORT NO.: COD-010-10 PAGE 2 BACKGROUND AND COMMENT The Municipality of Clarington has. approached Kobes Nursery Wholesale, Hampton, Ontario about the possible installation of a dry hydrant at 6878 Regional Road 57, and the drawing of water from the pond as and when required by the Emergency and Fire Services Department. Included in the agreement is the ability of Kobes Nursery Wholesale to use the hydrant when not in use by Emergency & Fire Services. The term of the agreement is open ended and subject to termination by either party by giving ninety (90) days notice of termination in any subsequent year. A copy of the draft agreement is provided as Schedule "A", Attachment 1. The required funds needed for the installation of the dry hydrant were approved in the 2010 Capital Budget Account # 110-28-281-82835-7401 in the amount of $30,000.00. The Director of Emergency & Fire Services and the Director of Finance have reviewed this report and the agreement and concur with the recommendations. The owner of Kobes Nursery Wholesale has reviewed the agreement and was satisfied with the terms and conditions. They look forward to partnering with the Municipality of Clarington. Inquiries with respect to this agreement should be referred to the Director of Emergency and Fire Services. This report has been reviewed for recommendation by the Purchasing Manager, with the appropriate departments and circulated as follows for: Concurrence: Director of Emergency & Fire Services Director of Finance/Treasurer Attachments: Attachment 1 -Schedule "A", Draft Agreement Attachment 1 -Schedule "B", By-law alraClxtl:wr a o~o0in AGREEMENT made this day of April, 2010. NEPORT ~ BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (Hereafter called the Municipality) - and - KOBES NURSERY WHOLESALE (Hereafter called the Nursery) WHEREAS the Nursery hereby grants to the Municipality the right to install, maintain and utilize a dry hydrant system and draw water from the pond through the hydrant system as required and as located at the Kobes Nursery Wholesale, 6878 Regional Road, Hampton, Ontario, from the date hereof, on the terms and conditions contained hereafter. The Municipality to pay $2.00 per .annum of lawful money of Canada, to be due and payable upon execution of the agreement and on the anniversary of the agreement thereafter. Receipt of the amount of the rent is hereby acknowledged by the Nursery. The Municipality covenants with the Nursery as folows: a) To pay rent. b) To provide proof of public liability in ce in the amount acceptable to the Director of Finance of the for its obligations in this agreement. c) To provide required mainten ydrent. d) To refrain from ere anent structure of whatever kind upon the adjacent land. e) To keep the property i an and tidy condition and within reason, not permit objectionable matedals of any kind to be accumulated during the permitted use. f) To permit the use of the fill station by the Nursery when not in use by the Emergency and Fire Services Department. 2. The Nursery covenants with the Municipality as follows: a) For quiet enjoyment. b) To permit the Municipality to make such improvements to the hydrant and the adjacent lands that they deem appropriate to accommodate accessing the hydrant at their cost and such improvements will be considered lease hold improvements and will become part of and remain with the lands. c) To pennit the use of the drtveway f access road by permitted Fire and Rescue equipment on an as required basis. 3. a) The Municipality of Clarington shall not be liable in any manner whatsoever for any loss, injury, or damage to person or property including loss of life, by whomsoever suffered, that in any way is connected to the establishment, use or the operation of property unless caused by the negligence or the wilful act of any employee or agent of the Municipality of Clarington, while acting within the scope of his. or her employment or agency respectively. This provision shall survive the termination or expiry of this agreement. 4. 5. b) Kobes Nursery shall be solely responsible for any claims which may arise during its use of the Dry Hydrant and hereby indemnifies and saves harmless the Municipality of and from all claims, demands, actions and vests incidental thereto, that may be made or instituted by any person or persons with respect to damages or injuries that may be sustained to person or property arising out of the use of the Fill Station. Either party may terminate this agreement by giving ninety (90) days notice in writing. For the purposes of this agreement any ni be or may be given by the Nursery to the the Nursery under this agreement suer mailed by first class prepaid mail o elivr~ Municipality of C gt , 40 Temperance Stre , other document is required to k*Y or by the Municipality to call be transmitted by telefax, Bowmanville, Ontario, L1C 3A6 Attention: Purchasing Manager If by telefax to: (905) 823-3330 Tel. 905 623-3379 Kobes Nursery Wholesale 4765 Old Scugog Road Hampton, Ontario, L1C 3K2 Attention: Mr. Ben Kobes If by telefax to: (905) 263-4431 Tel. 905 283-8814 6. The Municipality will not be held responsible for any levies, taxes etc. for the use of the lands as described. 7. This agreement shall enure to the benefit of, and be binding upon, the Parties and their respective successors and assigns. THIS AGREEMENT IS EXECUTED ON BEHALF OF KOBES NURSERY WHOLESALE by their authorized agent, this day of 2010. Kobes, Owner Witness THIS AGREEMENT IS EXECUTED ON BEHALF OF THE MUNICIPALITY OF CLARINGTON, under the seal of the Municipal Corporation and the hands of its officers. duly qualified, this day of 2010. im emethy, Mayor Patti L. Barrie, Municipal Clerk ATTACHMENT # ~~~ 0 REPORT # DO - 0 Schedule "B" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2010- Being a By-law to authorize the execution by the Mayor and Clerk of an Agreement between the Corporation of the Municipality of Clarington and Kobes Nursery Wholesale Hampton, Ontario for the installation of the dry hydrant and drawing of water from pond at 6878 Regional Road 57, Hampton, Ontario. 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 Seal, a contract between, Kobes Nursery Wholesale Hampton, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this day of , 2010. By-law read a third time and finally passed this day. of , 2010. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk