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Home My WebLink AboutOPD-008-13 UaFftWR REPORT OPERATIONS DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: March 18, 2013 Resolution#: f -1 '-1 By-law#: Report#: OPD-008-13 File#: Subject: DARLINGTON BASEBALL FIELD RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report OPD-008-13 be received; 2. THAT Council release Ontario Power Generation of the lease agreement for the Darlington Baseball Field; 3. THAT the Mayor and Clerk be authorized to execute the Confirming Letter of Termination; and 4. THAT Ontario Power Generation be advised of Council's decision. Submitted by: . Reviewed by: Frey rvar Franklin Wu, B.A.;' D.M.R., R.R.F.A. Chief Administrative Officer Director of Operations CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO.: OPD-008-13 PAGE 2 1. BACKGROUND AND COMMENT: The Corporation of the Town of Newcastle and Ontario Hydro entered into an agreement to utilize additional lands for recreational activities in Report WD-24-00 (Attachment No. 1). Due to security and maintenance reasons, these licensed lands have not been available for public use for several years. Ontario Power Generation (OPG) requires the use of the licensed lands for vehicular parking to accommodate the needs of the Refurbishment Project (Attachment No. 2). The land in question has not been available for public use for an extended period of time and our staff is in agreement to terminate the License Agreement for these lands. 2. CONCURRENCE This report has been reviewed by Jerry Barber, Purchasing Manager, who concurs with the recommendations. CONFORMITY WITH STRATEGIC PLAN - Not Applicable Staff Contact: Bob Genosko, Operations Supervisor Attachments: Attachment 1 - Report WD-24-00 Attachment 2 - Letter dated February 12, 2013 from OPG List of interested parties to be advised of Council's decision: Ontario Power Generation ATTACHMENT NO. 1 TO REPORT NO. OPD-008-13 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADM NISTRATION COMIvITI"TEE File#4F_ Date: MAY 15,2000 Res.#�j_ , ( ` Report No.: WD-2400 By-Law#,2Q22_:- Subject: AMENDING AGREEMENT WITH ONTARIO POWER GENERATION DARLINGTON HYDRO BASEBALL FIELD Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-24-00 be received;and 2. THAT Council pass the attached by-law authorizing the Mayor and Clerk to execute the Amended and Restated Licence Agreement containing terms and conditions adhering substantially to the content of the Amended and Restated Licence Agreement approved in Report WD-50-97,dated July 7, 1997. REPORT 1.0 ATTACHMENTS No. 1: Key Map—Baseball Field No.2: Key Map—Solina Farmhouse No.3: Proposed By-Law 2.0 BACKGROUND 2.1 The Corporation of the Town of Newcastle and Ontario Hydro entered into an agreement ("The Newcastle Agreement')with respect to the social,economic and financial impacts on the Town arising out of the construction and operation of the Darlington Generating Station. REPORT NO.: WD-24-00 PAGE 2 M The Newcastle Agreement provided that Ontario Hydro would compensate the Town for those financial impacts undergone by the Town as a result of the construction of the station, which includes the cost of advancing community facilities and providing such community services as recreational activities. In 1997, Council amended the Restated Licence Agreement to allow the boundaries of the licensed lands to be farther expanded to include additional lands to construct additional tournament quality soccer fields. 3.0 CONCLUSION j 3.1 In co-operation with Ontario Power Generation, Staff is recommending that the land boundary of the existing agreement be expanded to include the Darlington Baseball Field (Attachment No. 1), and also the former Solina farmhouse lands. The additional lands and obligations will be incorporated into, and form a part of, the current obligations of both parties as set out in the Amended and Restated Licence Agreement dated August 20, 1997. Respectfully submitted, Reviewed by, Stephen A.Vokes,P.Eng., Franklin Wu, Director of Public Works Chief Administrative Officer FH*SAV*ce 09/05/00 1 • o �aoo��r- .r r 4� i ® '�Dieu sac ` i r PASSIVE RECREATIONAL ACTIVITY ZONE NATURAL ENHANCEMENT do REGENERATION WATER FRONT TRAIL FREE'�AY 401 MACDONALD • • oo 0 e Rt Qt �� s • Funm RuasrAnoN FAtW a tXlsTwc Lr�••"' FS ry �r 4 ..�" DISPOSABLE CELLS REHABILITA ATrOA FAC,ern FUTURE VIEWING STAGING ARE ROVIES t .t O ♦ 3 TRAIL Ftl4xS1tSTW O (uiilated by Cnembi. ♦♦ y 0 ♦p ♦♦ t o `a♦ / 0 EXISTING COMMUNITY RECREATION USE `� � ♦ TIFACN RoN0 O � oasnNC VMS OF POSSIBLE ../� Q{ 1YEtLANO EXPANSION .....— • O Q AND REGENERATION '� ...--�' S P• o o• G9 ao` I SIT' R:vc .unA Y t nc�,r•Y i Q � i Gt w R£kcm I r r r r r ATTACIIWNT NO.: 2 w0 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO.2000-. Being a By-law to authorize the execution of an Amended and Restated Licence Agreement between the Corporation of the Municipality of Clarington and Ontario Power Generation 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's seal,an Amended and Restated Licence Agreement between Ontario Power Generation and the Municipality. 2. THAT the Amended and Restated Licence Agreement,attached hereto as Schedule"A", forms part of this By-law. BY-LAW read a first and second time this 29`"day of May,2000. BY-LAW read a third time and finally passed this 29s'day of May,2000. MAYOR CLERK j ATTACHMENT NO.: 3 ., THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO.2000- 70 Being a By-law to authorize the execution of an Amended and Restated Licence Agreement between the Corporation of the Municipality of Clarington and Ontario Power Generation 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's seal,an Amended and Restated Licence Agreement between Ontario Power Generation and the Municipality. 2. THAT the Amended and Restated Licence Agreement,attached hereto as Schedule'W', forms part of this By-law. BY-LAW read a first and second time this 290'day of May,2000. BY-LAW read a third time and finally passed this 29th day of May,2000. MAYOR CLERK !MY-31-00 10:09 FROM-GENCO REAL ESTATE(ONT, HYDRO) 418-592-8115 T-436 P.02/07 F-371 In AILS FAX&Ift an =JI ONTARIOr , RE GENERATION 700 University Avenuc Torarlm.Ontario M50 1X6 Phone:(705)7286391;Call(416)451.0296;Fax(705)728-3569 randyi 4okson®onmdopowerganctutiop.com April 15,20DO AGREEMENT TO LICENSE OPGAARLINGTON INC.LANDS Municipality of Clarington Mr.bred Horvath Property Management&Manager of Operations 40 Temperance Street Bomauville,Ontario L1C 3A6 ' Dear Sir: Re: Amendment of Amended anti Restated License Agreement dated August 204 1997 to facilitate the addition 4f new lands. Ontario Power Generation (OPG)is pleased to confirm out mutual consent for the licensing of certain lands to the Municipality of Clahngton as verbally agreed to at our recent on site meeting with your staff'an March 22_ These lands involve the Darlington Baseball Field and also the former Soling Farm house lands. The Baseball Field lands are shown as the hatched area on the sketch attached to this Agreement as schedUle"A". The Solina House lands are shown as the crosshatched area(Site No.6)on the sketch attached as schedule"C". Attached as schedule"B"and forming part of this Agreement to License are the minutes of the Match 22 meeting which serve to set out the additional obligations of both parties to this Agreement and shall be incorporated into and form a part of the current obligations of both parties as set out in the Amended and Restated License Agreement dated August 20,1997. The consideration for the permission hereby granted shall be the nominal sum of one dollar($1.00)and the mutual covenants of the Parties contained herein. It is the intent of this Agreement to allow for the recreational activities as set out in schedule"B"to take place effective immediately once the Municipality has executed this letter Agreement. Ontario Power Generation-Real Estate Services will prepare the Formal Amendment to the Amended and Restated License Agreement in due course. Please Confirm if it will be necessary for Council to pass a by-law authorising the execution of said Agreement. Please note that all right,title and interest of Ontario Hydro in the Amended and Restated License Agreement dated August 20,1997 was transferred fmm Ontario Hydro to OPG-Darlington Inc.by or pursuant to a Transfer Order made under Section 116 of the Eleerrictry act, 1998,which Transfer Order was effective April 1,1999- OPO shall cause its subsidiary,OPG-Darlingwn Inc.to execute the Formal Amending Agreement incotpom ing the tetras and conditions set out in this Letter Agreement. For greater certainty and in addition to all existing obligations the Municipality of Claringtou under The Amended and Restated License Agreement the Municipality acknowledges and agrees that OPG has a procedure in place pertaining to The health and safety risks associated with excavation of land in and around the station due to the presence of buried underground utilities. Prior to any excavation joking nlace the Munici alill shall contact the Bariinirron BuNine9s Services Manager(905)623.6670 M 7477 who will a0 r� ove the excavation and take the aonronriste steps to ensure the exe�vation work can be carried out safely. MAY-31-00 10:09 FROM-GENCO REAL ESTATE(ONT, HYDRO) 416-592-8115 T-435 P.03/07 F-371 2 or nmrio PowVdo&OPG B The Foregoing is Confimed and Accepted, Da[ed at Bowmanvileonjario,this 1 day of Je200a. For The Municipality of Clarington. Mane Hamre, MayorP i rrie, Clerk cc Phil Broom Gary Akey Ray Bester Note;This Agreement contains the following: Agreement—2 pages Schedule"A"—1 page sketch Schedule`'$"—2 pages Schedule"C"--1page sketch .MAY-31-00 10:09 FROM-GENCO REAL ESTATE(ONT, HYDRO) 418-592-8115 T-435 P.04/07 F-371 1- A. IMF zz- 130 T d, SI S OF ON GOIN STATION r o ® p O •o O� 0 O 0 . -•� `r"""' RAILWAY N K M T.,WI:JL curd �ice' 4O. UPGRADE PL. I TI CENTRE XERISCAPE I y. 4 - OGM {. h• JTURE NATURALIZATION 1 CJ(—� CA REAS • 200 m 'DINT FOR PASSIVE, RECREATION, FISHING, EDUCATION RESOURCE (LINK TO INFO CENTRE TRAIL) MAY-31-00 10.10 FROM-GENCO REAL ESTATE(ONT, HYDRO) 418-582-8115 T-435 P.05/07 F-371 ci 1 ONTARIO POWER GENERATION—DARLINGTON NUCLEAR MINUTES OF MEETING TRANSFER OF BALI.DIAMOND TO TOWN OF C.LARINGTO.N DATE: March 22,2000 TIME: 10:00 am PM ENT: Ray Be= —OPG Facilities Kern Graham —0PG,Ball Diamond Committee Rod Bovay —OPG Security Randy Jackson —OFG Real Estate Fred Cox —Clarington-Maintenance Phil Broome —Caarington-Management Grant Ashton —Clarington—Scheduling cc; lack Ballaed-DND Gary Akey-DND Terry Doran-DND MnvvTES: I. Maintenance R.esponsibiliries: Clarington: r Grass euuing/aerating ➢ Infield racking Light bulb changes > 13leachers/benches A Fence S Rental and cleaning of port-a potty ➢ Sand box/swings Storage shed A Garbage pickup OPG Darlington Nuclear: > Electrical System Y Electrical Shed Sprinkler System 2. Real Estate Agreement By-laws, recreational license requirements with Town of Clarington. - Waiver form update - Include parking lot usage Action: Randy Jackson $1b8/Ray/13a111 iamoDd-Mar 22.Doc MAY-31-00 10:10 FROM-GENCO REAL ESTATE(ONT, HYDRO) 416-502-6115 T-435 P.06/07 F-371 3. Ball Diamnond Scheduling to be Responsibility of Town of Clariington. A OPO teams first opportunity to schedule S OPG teams not to be charged user fees for day or night games t All other teams will be charged user fees administered by the Town of Caalington, 4. Electrical Bill OPO Darlington will continue to pay for lights for Ball Diamond until a meter is installed far lights. Claringron will start paying bill after meter is installed. Action: Ray Bester/Phil Broome 5. Contact Names OPO Darlington - Ray$ester Facilities and Site Maintenance 905-623.6670 ExL 3519 Pager: 905-721-5733 Town of Clarington—Maintenance - Phil Broome Public Works Department Supervisor Hampton Office: 905-263-2291 Town of Caarington—Scheduling - Grant Ashton Hampton Office: 905-263-2291 OPO Darlington Ball Teams - Ken Graham 905-697-2868 6. Target Date of Turnover of Ball Diamond to Town of Caalington. April 15,2000, Prepared by: Ray Bester FLM—Facilities and Site Maintenance 316VR4y/Ul Diomond•Mw'22.Doc ATTACHMENT NO. 2 TO REPORT NO. OPD-008-13 Ray Davies,MCIP, RPP *%A211211PR ONTAReal 1 1 I 0 Estate Strategy Manager Real Estate Services GENERATION Tel:416-592-1743/Fax:416-592-8115 E-Mail: ray.davies @opg.com 700 University Avenue,H18 D10,Toronto,Ontario M5G 1X6 SENT VIA CANADA POST AND E-MAIL February 12, 2013 OPG File: 632.1-1008 Clarington Jerry Barber, Manager Purchasing Municipality of Clarington 40 Temperance Street Bowmanville ON L1 C 3A6 Dear Mr. Barber: Re: Darlington Baseball Field License Agreement I am writing this letter seeking the mutual consent from the Municipality of Clarington to terminate the existing Darlington Baseball Field license for certain lands located at the Darlington Nuclear site. For security and maintenance reasons, these licensed lands have not been available for public use for several years. Ontario Power Generation ("OPG") requires the use of the licensed lands for vehicular parking to accommodate the needs of the Refurbishment project. As you may recall, OPG consented to the licensing of certain lands to the Municipality of Clarington, specifically the Darlington Baseball Field and the former Solina Farm House lands, by way of a letter agreement dated April 15, 2000. The Municipality accepted the terms of the license on June 1, 2000. The obligations forming part of the Agreement to License included maintenance responsibilities for both the Municipality of Clarington and OPG. The Municipality of Clarington was responsible for grass cutting, fencing, bleachers, garbage pickup, amongst other obligations. OPG was responsible for the electrical system, the electrical shed, and sprinkler system. A copy of the April 15, 2000 letter is attached for your information. In a letter agreement dated April 24, 2002, the Municipality of Clarington released OPG of its maintenance obligations for the electrical system and lights associated with the Baseball Field. It was suggested in this letter that it was the intention of OPG to consolidate the existing License Agreement dated August 20, 1997 and the Letter Agreements dated April 15, 2000 and April 22, 2002 into a formal amending agreement. Based on a review of our records, such a formal amending agreement was never executed. A copy of the April 24, 2002 letter is also attached. Given that the licensed lands have not been available for public use for an extended period of time and will be required for the Refurbishment project, we would appreciate if you would confirm your agreement with the termination of the letter agreement dated April 15, 2000 by signing where indicated below and returning a two (2) original copies of this letter to me. a For Ontario Power Generation [Original Signed by] Ray Davies, MCIP, RPP Real Estate Strategy Manager I have authority to bind the Corporation The Foregoing is Confirmed and Accepted. Dated at Ontario, this_day of 2013. For the Municipality of Clarington I have authority to bind the Corporation I have authority to bind the Corporation Attachment: Letter Agreement, April 15, 2000 Letter from Bill Collie to Fred Horvath, April 24, 2002 Copy: Mike Allen, Deputy VP, Darlington Nuclear OPG Ir r l •� r r r•r r l - • - � � _ 1 � - • 1 . t:�ti. _� • - ' tea � • •.. - a i av!. r p - Aj 'M All �i:l' ' � �,".T.IT•\y1 a_'S�Jam:•..