HomeMy WebLinkAboutPWD-033-21Clarington
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: November 29, 2021 Report Number: PWD-033-21
Submitted By: Stephen Brake, Director of Public Works
Reviewed By:
File Number:
Andrew C. Allison, CAO
Resolution#: GG-519-21
By-law Number:
Report Subject: Waterfront Trail - Hydro One Lease Agreement Renewal
Recommendations:
1. That Report PWD-033-21 and any related communication items, be received;
2. That the Mayor and Clerk be authorized to execute license agreement renewals with
Hydro One and the Canadian National Railway Company for the purposes of the
Waterfront Trail in the locations described in Report PWD-033-21, and such future
renewals as required for the continued existence of the waterfront trail; and
3. That all interested parties listed in Report PWD-033-21 and any delegations be
advised of Council's decision.
Municipality of Clarington
Report PWD-033-21
Report Overview
Page 2
The Municipality has constructed portions of the Waterfront Trail on Hydro One and
Canadian National Railroad lands and has entered into agreements with both parties for
recreational use on their lands. Staff are seeking Council's approval for the authority to
renew the existing and future land lease agreements for recreational use in perpetuity until
such time that the lands cease to be used for recreational trail purposes.
1. Background
1.1 Council previously authorized the execution of agreements with Hydro One and
Canadian National Railway for portions of the waterfront trail located south of Highway
401 in Bowmanville and Newcastle. The licensed Hydro One lands are situated three
segments: 1) between Bowmanville Avenue and West Beach Road; 2) between Wilmot
Creek Drive and South Service Road; and 3 between Cobbledick Road and Toronto
Street. The licensed Canadian National Railway lands are at the intersection of the
Trans Canada Trail and Wilmot Creek Drive.
1.2 Future trail development on the Hydro One lands located between South Service Road
and Cobbledick Road is also proposed for the future.
1.3 The Municipality has obtained a license for a 13m wide corridor (including 3m of trail
and a 5m buffer) on both sides on the Hydro One Lands. A license for Canadian
National Railroad Lands has been obtained for an area of 0.0154 ha.
1.4 In May 2006, Council approved the by-laws 2006-114 and 2006-115 for the license
agreement with Hydro One for the Waterfront Trail east of Wilmot Creek Drive in both
former Darlington and Clarke Townships respectively, and in April 2007 approved by-
law 2007-077 to enter into a license agreement with Canadian National Railroad.
2. Comments
2.1 The license agreement with Hydro One is granted on the provision that the Licensee
(the Municipality) pay the sum of Two Dollars ($2.00) plus HST and in addition 50% of
all taxes, rates or grants in lieu thereof for the portion of lands identified as the Licensed
area. Our Financial Services Department has indicated estimated that at the current
(2021) tax rate, levies for the Newcastle 2.72-acre parcel licensed area will be $3,200
and the Bowmanville / Newcastle 48.5 acre parcel will be $56,000 and will be paid out of
Account 100-21-211-00000-7233, Uncl Admin — Lease Rental Exp.
Municipality of Clarington Page 3
Report PWD-033-21
2.2 The Municipality's license with Hydro One is valid for a five (5) year term which is a
standard that Hydro One is enforcing with all their corridor licenses. It is non-renewable
and therefore requires the Municipality to enter into a new licence agreement at the end
of each term. Hydro One has denied Staff's request for an extended period for renewal,
citing their five (5) year standard. In addition, there is a 90-day termination option that
gives the Licensor, Hydro One, the sole discretion to exercise at any time.
2.3 The Municipality must carry Five Million Dollars ($5,000,000) insurance to indemnify
both Hydro One and Canadian National Railroad, which the Municipality is in
compliance with.
2.4 The license agreement with Canadian National Railroad was granted on the provision
that the Licensee (the Municipality) pay the sum of Five Hundred Dollars ($500) per
year for a period of ten (10) years after which the Licensee has the option to further
renew the lease for another ten (10) years.
2.5 The Canadian National Railroad license agreement contains a 30-day termination
clause that may be executed at the discretion of the Licensor.
3. Concurrence
This report has been reviewed by the Directors of Legislative Services and Financial
Services who concur with the recommendations.
4. Conclusion
It is respectfully recommended that Council authorize present and future renewals of
licencing agreements with Hydro One and Canadian National Railroad for the purpose
of sustaining public access to the Waterfront Trail.
Staff Contact: Andrew Johnson, Landscape Architect, 905-623-3379 ext. 2307 or
ajohnson@clarington.net.
Attachments:
Attachment 1 — Waterfront Trail Hydro Lands Newcastle
Attachment 2 — Waterfront Trail CN Lands at Wilmot Creek Drive
Attachment 3 — Waterfront Trail Hydro Lands Bowmanville
Attachment 4 — License Renewal Agreement, Hydro One Newcastle segment of Waterfront
Trail
Interested Parties:
There are no interested parties to be notified of Council's decision.
Attachment 1 to Report PWD-033-21
I
p�
Wilmot��i�
i�•i�••iiRRi .
Retirement
Community
LAKE ONTARIO
•
® 13m Trail Width Leased from Hydro One by M.O.C.
Part of Lots 1 to 3, Broken Front Concession
Former Township of Darlington ( STAGE 1 )
13m Trail Width to be Leased from Hydro One by M.O.C.
Part of Lots 33 to 35, Broken Front Concession
Former Township of Clarke ( STAGE 2 )
Lands Currently Leased from Hydro One by M.O.C.
Part of Lots 31 and 32, Broken Front Concession
Former Township of Clarke
--------a Proposed Water Front Trail
PLN 15.12 and PLN 26.13
y
X
m
0
D
Cn
o�
o3
rn0
W=3
o�
0�
Attachment 2 to Report PWD-033-21
➢ UNICIPALITY OF CLARINGTON LANDS
V
0 000 000(,)00000()0
,G
HYDRO ONE LANDS
RIDGE PI'NE PARI-CV14C. LANDS
()0 Proposed Waterfront Trail Location
Area to be Lea.,ed under overpass to allow for Access for Waterfront Trail
Schedule: "A"
to By-lza 2007-077
Z
C
Attachment 3 to Report PWD-033-21
HIGHWAY 401
Part of Lot 1, Registered Plan 694 & Part of Lot 11,
Front Concession (BFC), Darlington Township.
Municipality of Clarington
Geographic Township of Darlington,
Regional Municipality of Durham
Licensed Area
ATTACHMENT 3
Attachment 4 to Report PWD-033-21
HYDRO CORRIDOR Licence Renewal (rec.) March 2021
LICENCE RENEWAL AGREEMENT — (RECREATIONAL)
BETWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO
as represented by THE MINISTER OF GOVERNMENT
AND CONSUMER SERVICES
(hereinafter called the "Licensor")
-and-
THE CORPORATION OF THE MUNICIPALITY OF
CLARINGTON
(hereinafter called the "Licensee")
0i'/:101 S WA
A. Ontario Infrastructure and Lands Corporation acting as agent on behalf of Her
Majesty the Queen in right of Ontario as represented by The Minister of
Infrastructure (previously the Minister of Economic Development, Employment and
Infrastructure) now the Minister of Government and Consumer Services entered into
a Licence Agreement with the Licensee, dated February 6t1i, 2012 (the "Licence
Agreement"), regarding certain lands located in the Municipality of Clarington, in the
Region of Durham, described as Part of Lots 1, 2 & 3, Broken Front Concession,
Geographic Township of Darlington, comprising an area of approximately 2.72 acres,
(the "Licence Lands") for public recreational purposes only;
B. The Minister of Government and Consumer Services is responsible for certain
aspects of government real property pursuant to the Ministry of Infrastructure Act,
S.O.2011, c. 9, Sched 27;
C. Ontario Infrastructure and Lands Corporation confirms that it is the designated agent
of the Minister of Government and Consumer Services with authority to act in
respect of the Licence Agreement.
IN CONSIDERATION of the mutual covenants hereinafter set forth and the sum of two dollars
($2.00) paid by the Licensee to the Licensor, the receipt whereof is hereby acknowledged, and
other good and valuable consideration, the Licensor and the Licensee agree as follows:
1. The Licence Agreement is hereby renewed, subject to the terms set out below.
2. "Licensor" shall mean Ontario Infrastructure and Lands Corporation acting as agent on
behalf of Her Majesty the Queen in right of Ontario as represented by the Minister of
Government and Consumer Services.
3. The Term of the Licence Agreement shall be five (5) years, commencing on the 1st day
of January, 2022.
HONI File #: CLARINGTON M 632.1-1878
2
4. The Licensee shall pay to the Licensor an amount equal to Fifty percent (50%) of the
annual realty taxes or grants and/or payments in lieu thereof payable with respect to the
Licence Lands, as owned by the Licensor and used by the Licensee pursuant to the
Licence Agreement for the purposes stated herein.
5. The Licensor's address for service of notice pursuant to the notice section of the Licence
Agreement and other related particulars are amended as follows:
Ontario Infrastructure and Lands Corporation
Real Estate Transactions
1 Dundas Street West, Suite 2000
Toronto, Ontario
M5G 1Z3
Attention: Director, Hydro Land Transactions
Telephone: (437) 537-5511
Facsimile: (416) 327-3942
With a copy to:
Attention: Director, Legal Services (Real Estate)
1 Dundas Street West
Suite 2000
Toronto, ON M5G 1Z3
Facsimile: 416-327-3376
6. All terms which are defined in the Licence Agreement shall have the same meaning when
used in this Licence Renewal Agreement unless they are amended herein.
7. Except as they may be amended by this Licence Renewal Agreement, all of the terms
and conditions of the Licence Agreement shall apply to the renewed Term and shall be
binding upon and enure to the benefit of the Licensor and the Licensee.
This Licence Renewal Agreement may be offered and accepted by electronic or
facsimile transmission and by different parties in separate counterparts, each of which
when so executed shall be deemed to be an original and all of which taken together
shall constitute one and the same agreement. Delivery by facsimile or by electronic
transmission in portable document format of an executed counterpart is as effective as
delivery of an originally executed counterpart. Any party delivering an executed
counterpart by facsimile or by electronic transmission in portable document format
(PDF) shall also deliver an originally executed counterpart within seven (7) days of the
facsimile or electronic transmission, but the failure to deliver an originally executed
copy does not affect the validity, enforceability or binding effect.
9. The Licensee acknowledges that this Agreement and any related information,
documents and/or Data (as defined in the Open Data Directive) may be released
pursuant to the Freedom of Information and Protection of Privacy Act (Ontario) or the
HONI File #: CLARINGTON M 632.1-1878
Open Data Directive issued under the Management Board of Cabinet Act (Ontario), as
each may be amended or replaced from time to time.
HONI File #: CLARINGTON M 632.1-1878
T
IN WITNESS WHEREOF the parties hereto have executed this Licence Renewal Agreement.
Signed by the Licensee at this day of 2021.
Signed by the Licensor at
THE CORPORATION OF THE MUNICIPALITY
OF CLARINGTON
Per:
-
Name:
Title:
Per:
-
Name:
Title:
UWe have authority to bind the Corporation
this
day of
2021.
HER MAJESTY THE QUEEN IN RIGHT OF
ONTARIO as represented by THE MINISTER OF
GOVERNMENT AND CONSUMER SERVICES, as
represented by ONTARIO INFRASTRUCTURE
AND LANDS CORPORATION
Per:
Name:
Title:
Authorized Signing Officer
HONI File #: CLARINGTON M 632.1-1878
5
Schedule "A"
HONI File: Clarington M 632.1-1878
Tenant(s): The Corporation of the Municipality of Clarington
Legal Description: Part of Lots 1, 2, 3, Broken Front Concession,
Township of Clarington, Geographic Township of Darlington
Licensed Area: 2.72 acres
Lands Owned by Her Majesty the Queen in the Right of Ontario
Licensed Area
r'r� —
C �r�
HONI File #: CLARINGTON M 632.1-1878