Loading...
HomeMy WebLinkAboutADMIN-52-97 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON X~7~~7~ X REPORT ~`~"'i' Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# Res. # ~- ~ 3 'c1 Date: December 8, 1997 ' / By-Law # 9~ .z~ ~ Report #: r r-~h' #: Subject: TRANSFER STATION SITE - PERMISSION TO ENTER & CONSTRUCT AGREEMENT Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. That Report ADMIN-52-97 be received, 2. THAT Council endorse the agreement signed by the Chief Administrative Officer on behalf of the Municipality of Clarington for Permission to Enter and Construct on the transfer station site; 3. THAT the attached by-law (Attachment #2) be approved by Council. Background: 1.0 Report WD-67-97 (Attachment #i) approved the purchase of the land and premises associated with the proposed transfer station site, from the Ontario Realty Corporation. 1.1 In order for the Province to finalize the sale of the lands, the agreement must receive "Royal Assent" by the legislature. Due to the late timing of the next session of the legislature, the final approval may not take place until sometime in December 1997. 2.0 In order to prepare the site for operations to begin January 1, 1998 it was imperative that access to the site be obtained. In order to allow that to take place, the Province, through the Ontario Realty Corporation provided an agreement, (Schedule A to attachment #2 By-law 97-247) to allow "Permission to Enter and Construct". 2.1 The Province stated that it would be acceptable for the Chief Administrative Officer to sign the agreement on behalf of the Municipality due to the absence of Council meetings during the interim. l~ul o,PE.o®..~.~.E ,a ADMIN-52-,~7 Paae:2 2.2 The agreement. was signed on November 4,1997 and accepted by the-Province on that date. The work on the site beg8n;:baeed an the acceptance of the. agreement by the Province. The required insurance, was. obtained and the certificate ia:shown as attachment #3. 3.0 Council is requested to confirm the actions taken above and> approve the attached by-law to authorize tha agreement-: Respectively Submitted, Reviewed by, xie A. Marano, H:BSc:,A.M.C.T. W.H. 9tcckwell, Treasurer. Chief Ac~ms.niietrative 0~ficer. WHS/MAM/Pp ATTACH: 1 L U 2 jl Attachment /ll THE CORPORATION OF THE MUHICIPA to Report ADMIN-52-97 -i t.~ --- - --- REPORT Meeting: COUNCIL Date: OCTOBER 27, 1997 Report #: ~~.g-7. File #: - File # _ Res. # _ ey-Law # Subject: ADDENDUM TO REPORT WD-67-97 - PROPOSED TRAM'^aER STATION AND OPERATING AGREIiNJaIT Recommendations: It is respectfully recommended to Council the following: 1. THAT Addendum to Report WD-67-97 be received; 2. THAT a by-law be passed authorizing the Mayor and Clerk to execute 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 Clarington, (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 to Report WD-67-97, Agreement of Purchase and Sale; 3. THAT by-laws be passed to authorize the Mayor and Clerk to execute an operating agreement, lease and amendment to the Collection Agreement with Canadian Waste, giving effect to the intent of this report, following a completion of the purchase from Ontario Realty Corporation; and 4. THAT if an Official Plan amendment and a re-zoning are deemed necessary- by the Director ~f Planning, that Staff be authorized to initiate site specific amendments to the Official Plan and the Zoning By-law to permit the acceptance 1Z~3 REPORT NO.: WD-67-97 PAGE 3 1996, as well as Committee approval of Report WD-67-97 on October 20, 1997, it is recommended that the following matters be dealt with in the Transfer Station Operating Agreement, the lease and/or the Collection Agreement between the Municipality and Canadian Waste, as appropriate: 3.2.1- The Transfer Station Operating Agreement, the lease, and the amendment to the Collection Agreement are to be :._. conditional on the completion of the purchase of the lands from Ontario Realty Corporation and on the issue of a Certificate of Approval to the Municipality to operate the transfer station. 3.2.2 The transfer station will be owned by_the Municipality of Clarington, leased to'Canadian Waste and operated by - Canadian Waste: Canadian Weste -shall :pajr - to :-the- ~(y Municipality of Claringto 1,000 per nth as rent for /~ the occupation of the 1 premises required for their operation. Specifically, Canadian Waste will be utilizing that portion of the site lying north of the south limits of the existing entrance and on a straight line continued westerly to the west property limit. - This does not include the existing salt shed. 3.2.3 The agreement and lease will ensure that the Municipality retains the southern portion of the site to be used for outside storage. 3.2.4 Canadian Waste to be responsible for renovating the dome and converting it to a waste handling facility, at their cost.- Other necessary renovations and improve- ments shall beat the expense of Canadian Waste. Drawings are to be prepared by Canadian Waste and approved by the Director of Public Works. ~ ),l RfiPORT NO.: WD-67-97 PAGE 5 station compactor and minor site drainage modifi- cations. 3.2.12 The MOEE certificate of Approval will be issued to the Municipality of Clarington. 3.2.13 Property taxes shall be the responsibility of the Municipality of Clarington. 3.2.14 The Municipality of Clarington will maintain the Darlington/Clarke Townline from Highway No. 2 to the transfer station entrance. 3.2.15 That the existing contract for garbage collection, paragraph 24, Schedule D, Contract CL-94-36, be revised - . to'• refer- to a.-•ne~otiated- rate •per-stop, rather. than..a, ,_ _ kilometre rate. 3.2.16 That Council apgrove a rate per stop of $2.97, amounting to a reduction of approximately 3% on the 1997 rate of $3.05, to take effect upon commencement of operations at the transfer station. 3.2.17 That a royalty be paid annually to the Municipality of - Clarington from charges on all Industrial/Commercial/ Institutional (ICI) waste, as well as non-Clarington residential waste, passing through the transfer station. This royalty is calculated at the rate of $2.00/tonne. i 3.2.18 That Contract CL-94-36 be extended for two {2) years (to terminate December 31, 2001). 3.2.19 According to the terms of the Certificate of Approval, 1 L'~ ~ REPORT NO.: WD-67-97 PAGE 7 the Director of Public works, in consultation with the Municipality's Solicitor. Respectfully submitted, ~j/.~~„/ Stephen A..Vokes, P. Eng. Director of Public Works SAV*ce October 23, 1997 Attachment Reviewed by, W. H. Stoc cwel . -+- Chief Administrative Officer ~~~5 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 97- 247 Being a By-law to authorize an agreement between the Corporation of the Municipality of Clarington and Her Majesty the Queen in Right of Ontario as _ represented by the Chair of the Management Board of Cabinet for permission to Enter and Construct on the Waste Transfer Station Site location described in Schedule A to the Agreement. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Council confirm authorization of the agreement between Her Majesty the Queen in Right of Ontario as represented by the Chair of the Management Board of Cabinet signed by the Chief Administrative Officer on behalf of the Mayor and Clerk. 2. THAT this agreement attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this day of December, 1997. By-law read a third time and finally passed this day of December, 1997. Mayor Clerk 1 ~ ;, 7 ..uuu4JY4JJ Schedule A to BY-law 97- 247 PERMfSSION TO ENTER & CONSTRUCT PpGE.002ip05 N00625 HIS STY THE QUEEN, in right of Ontario, as represented by The Chair of the M~gement Board of Cabfmt (hereinafter called. the "Grantor"), being the owner of Part of Lot i, Broken Front Concession, in the Municipality of Carington, (formerly 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, hereby grants to THE CORPORATION OF THE MGNICIPALIT'Y OF CIrARINGTON (hereinafter called nc~ "Grantee") its employees, servants, agents, consultants and contractors permission to enter the Grantor's land (hereinafter called the "lands") for the Purpose of site Preparation for the construction and installation of a waste transfer station (the "Works"). 1• This grant of Permission to Fatter (hcteirtafter called the "Permission") shall be upon the terms and conditions wntained herein 2• The Grantor and the Grantee have entered in an Agrcement of Purchase and Sale (hereinafter called "Agreement") with respect to the Lands of the Gtarttor. 3. This Permission shall expire on the date of closing of the said Agreement 4. ~ ~ event that the Grantee fails to complete this transaction on the date of closing of the said Agreement with the Grantor, the Grantee shall, at its own expense, remove the Works constructed by it as provided for in this Permission and shall restore the Land to its condition prior to the construction of the Works, to the satisfaction of the Grantor. 5• Upon acceptance of this Permission by the Grantor, the Grantee, its employees. agents COntiaefnrs, consultants and invitees, shall have the right to enter upon [he Lands for the purpose of undertaking and occupying the Works. 6. ~ Works will be constructed at the sole expense of the Grantee. 7. The Grantee shall maintain the works in a stale of good repair at all limes. 8.> ~ Grantee ~'~ ~mPIY with all pmvisions of law, including without limitation, federal and provincial legislative enactments, municipal bylaws, and any other government or municipal regulations which relate to the Works being constructed, 9. The granting of this permission in no way constitutes a release for damages that may be caused by the said Works and the Grantee's occupancy of the Lands and the Grantee ~ sess ~ ~~harmless and indemnify the Grantor from any and all manner of actions, claims or demands, arising out of loss, damage or injury sustained by a person or parsons or by the Grarttor which would not have arisen but for the said Permission, including Ioss of life to person or persons and the Grantor reserves the right to claim: eompensatiart at any time such dama e t g becomes known to the Grantor. ~'~~ _Z_ 10. The Grantee shall make all payments and take all steps as may be necessary to ensure that no lien is registered against the lands as a result of any work, services or materials supplied to the Grantee or the lands. The Grantee shall cause any such registrations tc be discharged or vacated immediately after nodce from the Grantor or within ten (10) days after' registration, whichever is earlier. The Grantee shall indemnify and save harmtess the Grantor from and against any liabilities, claims, liens, damages, costs and expenses, including legal expenses, arising in connection with any work, services or material anPPlied to the Grantee or the Lands. If the Grants fails to cause any such registration to be discharged or vacated as aforesaid then, in afldition to any other rights of the Grantor, the Grantor may, but shall not be obliged to, discharge the same by paying the amount claimed into court, and the amounts so paid and all costs incurred by the Grantor, including legal fees and disbursemrnts, steal[ be paid by the Grantee to the Grantor forthwith upon demand. 11. The Grantee agrees to take out and maintain at its own expense comprehensive public liability and Property damage insurance, including personal injury liability, contractual liability and owners and contractor's protective insurance coverage with respect to its occupation and use of the Lands in an amount not less than Two Million Dollazs ($2,000,000.00) and to keep such insurance in force during the duration of this permission and its occupancy and use of the Lands. The Grantee shat! furnish to the Grantor two (2) certified copies of such policy of insurance or other evidence of insurance acceptable to the Grantor naming the Grantor as an additional insured and Including a cross liability endorsement prior to and as a condition of commencement of construction of the Works. All policies shall contain shall contain an tutdettaldng by the insurers to notify the Grantor in writing not less than thirty (30) days prior to any material change, cancellation or termination thereof. The Grantee agrees that if it fails to take out of keep in force rho r°4~ insurance than this Pernussion shall be terminated and at an end and the Grantee shall remove its equipment, vehicles and construction materials from the Land and shalt restore the Lands W its former condition prior to the commencement of construction of the Works to the satisfaction of the Grantor, l2. This pemrission shall not confer upon the Grantee nor constitute possession of the Lands and the Grantee's entry on the lands pursuant W this Permission shall be limited to the purposes set out herein, 13. Any notice under this Agreement is sufficiently given if delivered personally or if sent by ordinary prepaid mail or prepaid courier or facsimile to: the Grantee ai; 40 Temperance Street 73owmanville, Ontario L1C 3A6 Attention: Don Patterson Telephone: (905) 263-2291 L ~ / NOU 3 '97 13:36 FROM OP.I~ RERL E6TRTE -3- the Grantor at: c/o Ontario Realty Corporation Real I_state Branch 777 Bay Street, 13th Floor ' Toronfo, Ontario M5G ZES 70 9I 9852634433 PRGE.©N-: -9k5 Attention: Paut Salerno, Marketing Co-ordinator, Institutional Marketing Section Telephone: (416) 585-6751 Facsimile: (41~ 585-7577 IN TESTIMONY WHEREOF the Grantee~has executed this Agreement. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON C. /7-O . Accepted by the Grantor on the day of ,.1997. HER MAJESTY THE QUEEN, in right of Ontazio, as represented by The Chair of the Management Boazd of Cabinet Authorized Signing Officer 1~~J NOU FROM ORC, RERL ESTgtE Schedule "A" II All that portion of Lot 1, Broken Front Concession IV kfltlbJGtiJ44:1J r MUt.~On~ rJG] in the Township of Darlington ' in the Regional Municipality of Durham having an area of 13.097 aa~s, more or less, and shown on a Tian of Survey P-2695-81 attached to Instrument Number N23893 and being more particularly described as follows: PREMISING 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 are referred to the meridian passing through the intersection of the divided highway and the line between East Whitby and 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 not#]t-west comer of Lot 1 and the following courses and distances: (1) south 17 degras 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, more 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 easterly limit of Lot 1; THENCE South 17 degrees 34 minutes East along the easterly limit 20.0 feet, more or less, to a monument, THENCE South 17 degrees 34 minutes East 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 feet, more or less, to a wire fence existing in January, 1964; THENCE South 72 degrees IS minutes West, 12.0 feet, more or less, to the point of commencement. 1~t1 FILE No: 839 11104 '97 1119 ID~FRANK COWAN CO-PRINCETON 519 458 4366 PAGE 2 FRANK COWAN COMPANY LIMITED toTReportT') 3 CERTIFICATE OF INSURANCE ADMIN-52-97 T0: NHR MAJESTY TAB QUEp,H IN RIGHT OF ONTARIO, AS REPRESENTHO BY THE. CHAIR OF THE MANAG1iNHNT HOARD OP GARLNET RE: Permission Lo enter and Cons [ruct. INSURANCE AS DESCRIBED HEREIN HAS SEEN ARRANGEp ON BEHALF OF THE INSURED NAMED HEREIN UNDER THE FOLLOWING POLICY pES); AND AS MORE FULLY DESCRIBED IN SAID POLICY IIESI AND ANY ENDORSEMENTS ATTACHED THERETO. INSUREp; CORPORATION OF 'L'HF MUNICZPALI'I'Y OF CLARINGTON, R'L'AL. INSURER TYPE OF POLICY POLICY NO. TERM LIMITS OF LIABILITY EFFECTIVE EXPIRY DATE DATE SUBSCRIPTION COMPREHENSIVE Cp 97113 POLICY GENERAL LIAEILITY AUTOMOBILE OTHER INSURANCE OTHER INSURANCE 1/97 JULY 1./98 8 2,000,000_ Inclusive bodily injury and property damage $ Inclusive k injury and property damage 8 Inclusive L injury and property damage S Inclusive bodily injury and property damage ADDITIONAL INSURED: Only with respect to the above and arising out of the Named Insureds operations is the following name added to the policy es an additional Insured. Tha addition of such Insuratl shall not increase the Limits of Liability as shown above. HER MAJESTY THE QUHHN IN RIGHT OF ONTARIO, AS 1tP.PRESRHTRI~ BY THE CHAIR OP Tel: MAHACHMHNT BOARD OP CABINHT 4DD1710NAL COVERAGE: Crasa Liabil..i.[y/Blanket Contractual./Thlrt 3 (30) days prior notice phis Certificate is only a Summary of the insurance provided under the Master Policy lies) and constitutes a statement of the acts as of the data of issuanoe and are so represented only to the addressee, FRAM ~OWAry COp1PANY LIMITED LATE: NOV. 4197 SIGNATURE: - - -` I 3RTIf.IN9l12IBB 112