HomeMy WebLinkAboutOPD-006-11 ( laririgttiii Unfinished Business
Leading the Way R E P O RT
OPERATIONS DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: June 27, 2011 Qe is LA:MN a Ppr-511- /I
Report#: OPD-006-11 File #: By-Law#:
Subject: COMMUNITY GARDENS
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report OPD-006-11 be received;
2. THAT Council approve proceeding with a lease agreement for Community
Gardens;
3. THAT the Mayor and Clerk be authorized to execute the lease satisfactory to
the Municipal Solicitor; and
4. THAT all interested parties listed in Report OPD-006-11 be advised of
Council's decision.
Submitted by: 4. / Reviewed by:6 ` "
Fr. . _ h Franklin Wu,
B.A. R.D. ,R., R.R.F.A. Chief Administrative Officer
Director of Operations
FH/BG/cv
REPORT NO. OPD-006-11 PAGE 2
1.0 BACKGROUND AND COMMENT
1.1 At the Council meeting held on October 4, 2010, Mrs. Leetooze addressed
Council concerning Correspondence Item D-5 (Attachment No. 1) requesting the
Municipality provide land for a Community Garden. The correspondence Item D-
5 was referred to staff and the Clarington Agricultural Advisory Committee. The
Planning Department commented that the Clarington Agricultural Advisory
Committee was not appropriate to deal with the item. The role of the Agricultural
Advisory Committee is to comment on policy and agri-business, not municipal
lands or recreational programs.
Operations staff met with Mrs. Leetooze on several occasions to discuss her
ideas and to come up with possible locations and recommendations. Several
municipal locations were discussed and a short list of possibilities were
developed, which are listed in Section 5.0. Preferable sites were considered
mainly for their proximity to residents of Clarington and local transit. Site
requirements such as site preparation, fencing, off street parking and water
access also were discussed.
1.2 Community gardens on public land have become a popular alternative for urban
dwellers that don't have access to the type of gardening space readily available
in the countryside or private backyard. Community gardens are parcels of public
land that are sub-divided into smaller plots for local residents to grow their own
vegetables, fruit or flowers for personal use.
1.3 Community gardens provide residents with the opportunity to become engaged in
a healthy recreational activity while growing nutritious food, meeting other
residents, and beautifying open spaces.
2.0 PROCESS
2.1 The Operations Department supports the development of Community Gardens.
The Municipality will promote and raise awareness of a Community Garden
through the municipal website (www.clarington.net), and a public information
meeting. The public meeting will provide residents an opportunity to come
REPORT NO. OPD-006-11 PAGE 3
forward as a Garden Collective or to form a Garden Collective. A Garden
Collective which is defined as a not for profit community organization or a group
of organized individuals that have come together for the purpose of operating a
Community Garden.
2.2 The Municipality will assist in the initial year of establishment of a Community
Garden by preparing the ground, which may include removal of the existing
ground cover, plowing, and/or rototilling. The Garden Collective will then be
responsible for all Community Garden activities and related enhancements.
3.0 MUNICIPAL REQUIREMENTS
3.1 The following terms would be incorporated into an agreement with the Garden
Collective:
• The garden is expected to be developed and maintained at no direct cost to
the Municipality.
• The garden will have minimal impact on municipal resources
• No chemical pesticides will be allowed.
• Produce grown shall be for personal consumption/use and not for private
profit.
• The Collective will provide proof and maintain at least $5,000,000 liability
insurance, which includes the Municipality as an additional insured under the
Collective's policy, with respect to any liability arising out of the Community
Garden.
• The Collective will provide a hold harmless/indemnification agreement signed
in favour of the Municipality.
• The Collective will provide and keep current contact information for the Co-
ordinator and/ or Executive and active members of the Collective.
• The Collective will agree to the terms and execute a lease agreement with the
Municipality (Attachment No. 2).
REPORT NO. OPD-006-11 PAGE 4
4.0 COMMUNITY GARDEN COLLECTIVE GUIDELINES
4.1 The Community Garden Collective will be responsible for establishing guidelines
for the "Plotholder", these may include:
• Creating and enforcing general rules for the allotments.
• Fair process for the allocation of plots.
• Fair process to set rates for allotments.
• Develop a budget and raise funds for initial improvements.
5.0 PROPOSED SITES
5.1 The following are municipal sites that were considered and their attributes:
1) 1150 Haines Street, Bowmanville
• Considered the most preferred site.
• Southern section measuring approx 1.3 hectares.
• Will accommodate approx. 500 Plotholders.
• Will require an off street parking lot to be established by the
Municipality, and will be added to 2012 budget at a cost of
approximately $9000.00
• No access to water.
• Will require fencing.
2) 181 Liberty Street South, Tourist Information Bureau, Bowmanville
• Rear section of lot measuring approx .5 hectares.
• Will accommodate approx. 100 Plotholders.
• Off street parking available.
• Has access to water.
• Will require fencing.
3) 285 West Beach Road, Bowmanville Boat Launch, northeast section
• Section located under Hydro towers measuring approx .7 hectares.
• Will accommodate approx. 175 Plotholders.
• Off street parking available.
• Has access to water.
• Will require additional fencing.
• This is to be considered for other recreational uses.
REPORT NO. OPD-006-11 PAGE 5
6.0 RECOMMENDATIONS
6.1 Staff is recommending that the site at 1150 Haines Street be developed as a
Community Garden. The site offers the largest area to accommodate
Plotholders, and has the best soil conditions of the three sites. The financial
impact of the development of this site will be minimal. Municipal staff will prepare
the site in 2011 by plowing for the initial season, and develop an off road parking
lot in 2012 once budget is approved. The Garden Collective will be responsible
for ongoing maintenance and development which may include fencing and a
water source.
6.2 A public information session will be held following Council approval to present the
Community Garden Project, and to select an interim Collective Committee to
proceed with the project.
7.0 ATTACHMENTS:
Attachment No. 1 - Correspondence Item D-5
Attachment No. 2 - Proposed Lease Agreement
Attachment No. 3 - Map of Proposed Location at 1150 Haines Street
Attachment No. 4 - Map of Proposed Location at 181 Liberty Street South
Attachment No. 5 - Map or Proposed Location at 285 West Beach Road
Interested Parties:
S. Leetooze
Vincent Powers
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE,ONTARIO L1C 3A6 T(905)263-2292 F(905)263-4433
Request: )IOSEP21 riml.il=5t1:45
I would like to see Clarington Council provide land for "garden allotments" within Bowmanville
(and any other communities within this municipality that request space).
I am an advocate of the 50 mile diet-or better yet,the 5 mile diet-or why not right here in our own
community-with back yard gardens.
Many of us in Bowmanville do not have backyards,or backyards that are too small to put in a garden
of any size.A couple of tomato plants in a planter on a patio or apartment balcony is a start,but it
just doesn't constitute growing your own food.An allotment scheme would benefit many families.
Now that Canadians from coast to coast are trying to find ways to "green"our communities and to
decrease our footprint on the earth, it is a wise council who can provide such a program to their
citizens.
More and more,with the disappearance of Ontario's food production land(councils across Ontario-
you folks included-are allowing it to be used for residential and industrial purposes)we have had
to rely on other countries to provide us with food. Nearly everything in our super markets comes
from somewhere else these days. Think how much fuel it has taken to get it here! Understand that
many of these countries drench their crops with poisons! We have to rely on our own initiative to
supply ourselves with our own food that is healthier and fresher than anything we can buy.
We are blessed,here.in Clarington,to have some very good "pick your own"farms;and vegetable
markets on our doorstep. But let's not sit back and say the problem has been looked after.It hasn't,
We need to do more.
That is why I am requesting that council provide garden allotment space throughout the community
for those who wish to be more or less self sufficient.I would like to start using an allotment as soon
as I can - as soon as you can find a spot on municipally owned land in a central place in
Bowmanville.
It would also be my pleasure to sit down with the appropriate department and assist in formatting
the responsibilities and management policies for these allotments-such as what can be allowed on
these properties(usage,structures,etc);any existing bylaws or bylaws needed to protect those(and
their property) while using the allotments; etc. etc. I realize this is not just a matter of allowing
vacant land to be used for gardening-there has to be a structure so that everyone can enigy this sort
of opportunity. Britain has developed a very good"allotment"program within hei ®N
and I think using their model would probably satisfy most Canadian co unities includ'
Clarington. REVIEWED BY
ORI• N�1LTO:
Thank you. I look forward to speaking to my request to council in the near fut ,COUtICIL Q COUNCIL Q FILE
DIRECTION INFORMATION
Sher Leetooze COPY TO:
Q MAYOR U MEMBERS Q CAD
OF COUIICIL
Q COMMUNITY O CORPORATE Q EMERGENCY
—- •-----•---- SERVICES SERVICES SERVICES
el EIIGINEERING a MUNICIPAL VOPERATIONS
SERVICES CLERK'S
OLANNING Q SOLICITOR Q TREASURY
SERVICES
O OTHER
ATTACHMENT NO. 1 MUNICIPAL CLERK'S FILE
REPORT NO. OPD-006-11
ATTACHMENT NO. 2
REPORT NO. OPD-006-11
LICENSE AGREEMENT
THIS LICENSE is made as of the day of , 2011
BETWEEN:
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
(the "Municipality")
- and -
THE COMMUNITY GARDEN COLLECTIVE
(the "Licensee")
ARTICLE I - INTERPRETATION
Definitions
1. In this License,
(a) "Commencement Date" means , 2011;
(b) "License" means this License as it may be amended from time to time;
(c) "Premises" means the Municipality-owned lands legally described as the
Municipality of Clarington, Regional Municipality of Durham; and
(d) "Term" means the term of this License as set out in Section 10.
Headings
2. The division of this License into articles, sections, subsections and schedules and the
insertion of headings are for convenience of reference only and shall not affect the
construction or interpretation of this License.
Severability
3. All of the provisions of this License are to be construed as covenants even where not
expressed as such. If any such provision is held to be or rendered invalid, unenforceable or
illegal, then it shall be considered separate and severable from this License and the
remaining provisions of this License shall remain in force.
Number
4. Wherever a word importing the singular number only is used in this License,such word shall
include the plural. Words importing either gender or firms or corporations shall include the
other gender and individuals, firms or corporation where the context so requires.
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Governing Law
5. This License shall be governed by, and interpreted and enforced in accordance with, the
laws in force in the Province of Ontario.
Entire Agreement
6. This License constitutes the entire agreement between the parties concerning the Premises
and may only be amended or supplemented by an agreement in writing signed by both
parties.
ARTICLE II -GRANT AND USE
Grant
7. In consideration of the performance by the Licensee of its obligations under this License,the
Municipality Licenses to the Licensee the Premises for the Term and covenants to observe
and perform all of the covenants and obligations to be observed and performed by the
Municipality under this License. Inconsideration of the performance by the Municipality of its
obligations under this License, the Licensee takes the Premises on License from the
Municipality and covenants to pay the rent and to observe and perform all other covenants to
be observed and performed by the Licensee under this License.
Use of Premises
8. The Premises shall be used only for the operating of a garden for cultivation by the public
(Community Garden) purposes and for no other purpose without the prior written consent of
the Municipality.
Nuisance
9. The Licensee shall not carry on any business or do or suffer any act or thing that constitutes
a nuisance or which is offensive or an annoyance to the Municipality.
ARTICLE III -TERM
Term
10. The term of this License shall commence on January December 31,2012,with a right to four
(4) additional one (1) year extensions 1, 2012 and shall expire on.
Overholding
11. If the Licensee remains in possession of the Premises after the expiry of the Term, there
shall be no tacit renewal of this License or the Term, notwithstanding statutory provisions or
legal presumption to the contrary, and the Licensee shall be deemed to be occupying the
Premises as a Licensee from month to month and otherwise upon the same terms,
covenants and conditions as are set forth in this Agreement insofar as they are applicable to
a monthly tenancy.
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ARTICLE IV- RENT
Rent
12. The Licensee shall pay to the Municipality as rent the sum of ONE Dollar($1.00)per annum.
13. The Licensee shall pay all charges, impositions and outlays of every nature and kind relating
to the Premises except as expressly set out in this License.
Property Taxes
14. The Licensee shall pay all real estate taxes,general taxes, school taxes, levies, rates,duties,
assessments and charges imposed against the Premises by municipal or other governmental
authorities having jurisdiction.
15. The Licensee has the right to contest or review the assessment of the Premises for property
taxes by legal proceedings or in such manner as the Licensee in its opinion deems advisable.
Any proceedings or other steps taken by the Licensee, if instituted, shall be conducted at its
own expense.
ARTICLE V- MAINTENANCE, REPAIRS AND ALTERATIONS
Maintenance and Repair of Premises
16. The Licensee, at its sole cost and expense, shall maintain and keep the Premises in a good
and substantial state of repair.
Alterations/Improvements to Premises
17. The Licensee hereby accepts the land in the condition existing as of the date of this
agreement plus any alterations under taken by the Municipality, and will not call upon the
municipality to do or pay for any work or supply any equipment to make the lands more
suitable for the proposed use by the Licensee hereunder.
18. The Licensee shall only be permitted to make alterations and improvements as are agreed
to by the Municipality.
Removal of Improvements
19. The Licensee shall, unless specifically requested by the Municipality not to do so, remove all
improvements that it has installed on the Premises and shall restore the Premises,as nearly
as possible, to the state they were in before such improvements were made.
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ARTICLE VI
INSURANCE AND INDEMNITY
Licensee's Insurance
20. The Licensee, at its sole cost and expense, shall take out and maintain,
(a) insurance upon property owned by it which is located in the Premises; and
(b) commercial general liability insurance pertaining to the Licensee's liability to others in
respect of injury, death or damage to property occurring upon, in or about the
Premises, such insurance to be of an amount which is reasonable and sufficient
having regard to the scope of the risk and the current practice of prudent owners of
similar premises for the carrying on of similar businesses, but in any event in an
amount not less than five million dollars($5,000,000.00)for claims arising out of one
occurrence. Such policy shall also name the Municipality as an additional insured
and may not be cancelled unless prior notice by registered letter has been given to
the Municipality by the insurer 30 days in advance of the expiry date.
21. Prior to the Commencement Date,the Licensee shall file with the Municipality a Certificate of
Insurance in a form satisfactory to the Municipality's Treasurer verifying that the commercial
general liability insurance policy is in effect and setting out the essential terms and
conditions of the insurance.
22. The provision of the insurance policy required by this section shall not relieve the Licensee
from liability for claims not covered by the policy or which exceed its limits, if any, for which
the Licensee may be held responsible.
Insurance Risks
23. The Licensee shall not do, omit to do, or permit to be done or omitted to be done upon the
Premises anything that may contravene or be prohibited by any of the Municipality's
insurance policies in force from time to time covering or relevant to any part of the Premises
or which would prevent the Municipality from procuring its policies with companies
acceptable to the Municipality. If the occupancy of the Premises,the conduct of business in
the Premises or any acts or omissions of the Licensee on the Premises causes or results in
any increase in premiums for any of the Municipality's insurance policies,the Licensee shall
pay such increase to the Municipality.
Indemnification
24. Each of the Municipality and the Licensee shall indemnify and save harmless the other from
and against any and all actions, losses, damages, claims, costs and expenses (including
solicitors' fees on a solicitor and client basis) to which the party being indemnified shall or
may become liable by reason of any breach, violation or non-performance by the party so
indemnifying of any covenant,term or provision of this License or by reason of any damage,
injury or death occasioned to or suffered by any person or persons including the Municipality
or the Licensee, as the case may be, or any property by reason of any wrongful act, neglect
or default on the part of the party so indemnifying or any of those persons for whom it is in
law responsible. For greater certainty,the limitation of liability set out above in this section
5
does not extend to claims, losses or damages resulting in whole or in part from the gross
negligence or wilful misconduct of the party claiming indemnification, its employees or those
for whom it is in law responsible.
ARTICLE VII - REMEDIES ON DEFAULT
Municipality's Right to Remedy Default
25. In addition to all other remedies the Municipality may have under this License and in law, if
the Licensee is in default of any of its obligations under this License, and such default has
continued for a period of ten (10)days after receipt of notice by the Licensee(or such longer
period as may be reasonably required in the circumstances to cure such default, except in
an emergency where the Municipality will not be required to give notice), the Municipality,
without prejudice to any other rights which it may have with respect to such default, may
remedy such default and the Licensee shall be responsible for all such costs.
Waiver
26. No condoning, excusing or overlooking by the Municipality of any default, breach or
non-observance by the Licensee at any time or times in respect of any covenant, obligation
or agreement under this License shall operate as a waiver of the Municipality's rights
hereunder in respect of any continuing or subsequent default, breach or non-observance,or
so as to defeat or affect in any way the rights of the Municipality in respect of any such
continuing or subsequent default or breach, and no waiver shall be inferred from or implied
by anything done or omitted by the Licensee save only an express waiver in writing.
ARTICLE VIII -OPERATIONS
27. The Licensee shall develop, manage and maintain the Community Garden at no cost or
liability to the Municipality, including, but not limited to,
(a) Developing a code of conduct governing the use of the Community Garden by the
users of the Community Garden ("Community Gardeners") to ensure fairness and
respect for all Community Gardeners and their plots, materials and equipment as
well as the Municipality's land and infrastructure.
(b) Requiring Community Gardeners to execute a use agreement with respect to their
use of the Community Garden acknowledging each Community Gardener's
willingness to comply with the Licensee's code of conduct as well as all other rules
and regulations as set out by the Municipality or the Licensee.
(i) Revoking any Community Gardener's use of the Community Garden and
Lands for non-compliance with the code of conduct, use agreement, or
Municipality or Licensee rules and regulations, or at the request of the
Municipality.
(c) Giving priority to Clarington's residents for use of the Community Gardens.
(d) Maintaining the Lands and the equipment thereon in a neat, clean and well-kept
6
manner.
(e) Ensuring that the Community Garden is prepared for planting by either the Licensee
or the Community Gardeners.
(f) Supplying or arranging the supply to the Community Gardeners with seeds, fertilizer
and tools for proper preparation and cultivation of the Community Garden.
(g) Cleaning up the Community Garden and the Lands by October 26th of each year.
(h) Paying all operating costs, including but not limited to the cost of fencing if required
and the cost of site security if necessary. The Licensee shall also supply and pay for
portable washrooms for use by the Community Gardeners.
28. Community Gardeners may use the Lands between Dawn and Dusk seven days per week.
Absolutely no use of the Lands will be permitted by the Municipality outside of those times.
29. Produce and crops grown in the Community Garden are not for private profit.
ARTICLE IX—MISCELLANEOUS
30. The Licensee hereby accepts the land in the condition existing as of the date of this
agreement plus alterations undertaken by the Municipality, and will not call upon the
municipality to do or pay for any work or supply any equipment to make the lands more
suitable for the proposed use by the Licensee hereunder.
Quiet Enjoyment
31. The Municipality shall permit the Licensee to peaceably possess and enjoy the Premises
during the Term without any interference from the Municipality, or any person lawfully
claiming by, from or under the Municipality provided the Licensee is not in default.
Right of Entry
32. The Licensee agrees to permit the Municipality and authorized representatives of the
Municipality to enter the Premises during normal business hours for the purpose of
inspecting the same on prior notice to the Licensee (except in an emergency where no
notice shall be required), and the Licensee shall arrange for such entry at a time convenient
to both parties. The Municipality shall use its best efforts to minimize the disruption to the
Licensee's business operations during any such entry.
33. This Agreement shall not be constructed as providing to the Licensee any ownership or
other interest in the Lands, other than limited term use rights as contained in this Agreement,
and is not intended to convey any legal or beneficial ownership in the Lands or any license
or use rights to the Licensee or any other person.
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34. This Agreement may be disclosed in response to a request for records pursuant to the
Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990,Chapter M.56,
as amended from time to time.
Signs
35. The Licensee may only erect signs on the Premises with the Municipality's prior approval.
All such signs shall be removed from the Premises at the end of the Term.
Compliance with Laws
36. The Licensee, at its sole cost and expense, shall comply with all legal requirements
(including statutes, laws, by-laws, regulations, ordinances, orders, rules and regulations of
every governmental authority having jurisdiction) that relate to the use or occupation of the
Premises by the Licensee or the making of any improvements to the Premises by the
Licensee.
Notice
37. Any notice required to be given by the Licensee to the Municipality under this License shall
be in writing and shall be delivered to:
The Community Garden Collective
Attention:
or such other address of which the Municipality has notified the Licensee in writing, and any
such notice delivered shall be deemed good and sufficient notice under the terms of this
License.
38. Any notice required to be given by the Municipality to the Licensee under this License shall
be in writing and shall be delivered to:
The Corporation of the Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
Attention: Purchasing Manager
or such other address of which the Licensee has notified the Municipality in writing, and any
such notice delivered shall be deemed good and sufficient notice under the terms of this
License.
8
Assignment and Subletting
39. The Licensee shall not assign this License or sublet all or any portion of the Premises
without the prior written consent of the Municipality.
Successors and Assigns
40. This License shall enure to the benefit of and be binding upon the parties and their
respective successors (including any successor by reason of amalgamation or statutory
arrangement) and permitted assigns.
IN WITNESS WHEREOF the parties have executed this License.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
PER:
Adrian Foster, Mayor
PER:
Patti Barrie, Municipal Clerk
THE COMMUNITY GARDEN COLLECTIVE
PER:
PER:
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