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HomeMy WebLinkAboutPSD-147-03 .....,11 'L CJ. 0 L~~ REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, December 8, 2003 f\'09 ~es. ~Gf'A -lfSl-03 Report #: PSD-147-03 File #: PLN16.2.2. By-Iaw#: ~o03-lg7 Subject: VALLEYS 2000 LEASE AGREEMENT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-147-03 be received; 2. THAT the lease agreement between Valleys 2000 and the Municipality for the lands on Registered Plan 40R-19709, Pts. 1 to 4, and 40R-21286 Parts 1 to 5 and 8, and Pt. Road Allowance between Lots 12 and 13, Concession 1 for a 5 year term, with subsequent 5 year renewal options be APPROVED; 3. THAT the attached Bylaw authorizing the Mayor and Clerk to execute the Lease Agreement on behalf of the Municipality of Clarington be APPROVED; and 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: D id rome, M.C.I.P., R.P.P. Director of Planning Services Reviewed by: ,j ht,,-~J! -' LuIA Franklin Wu, Chief Administrative Officer FL *DJC*sh December 2, 2003 CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 699JfJ ...' REPORT NO.: PSD-147-03 PAGE 2 1.0 BACKGROUND 1.1 Valleys 2000 (Bowmanville) Inc., generally referred to as Valleys 2000, is a community- based organization comprised of volunteers, who share a vision of developing trails, recreational amenities and environmental enhancements within the Bowmanville and Soper Creek Valleys. For the past couple of years the project has focused on trail construction, planting, education of stakeholders about Valleys 2000 and land acquisition. Recently, the valleylands north of Baseline adjacent to Spry Avenue (see attachment 1) have come into municipal ownership, thus some of the larger long-term projects can be undertaken. In December 1998, Council supported the initiative articulated by Valleys 2000 and agreed to assist in developing the project. In April 1999, Council approved a Memorandum of Understanding (MOU) between the Municipality of Clarington and Valleys 2000. The MOU details the responsibilities of each party in implementing the project. Some of the responsibilities of Valleys 2000, is incorporation as a non-profit, charitable organization, carrying liability insurance and fundraising. Valleys has pursued these goals and been successful at attaining all of them. 2.0 TRILLIUM FUNDING 2.1 Valleys 2000 has applied to Trillium for funding for trail improvements, bank protection and restoration, engineering and design works. The funding is contingent on a lease agreement for a minimum of 5 years being in place. Trillium will not provide the funding to the Municipality directly. For the funding to flow from the Trillium Foundation to Valleys 2000 for the project that they have applied and received verbal approval of, a lease agreement between the Municipality and Valleys 2000 must be signed. 3.0 LEASE AGREEMENT 3.1 The agreement (to be finalized by the Municipal Solicitor) will set out the specific property in the Bowmanville Valley being leased, generally the property is from Baseline Road southerly to the Goodyear lands and bounded by Spry Avenue and Hunt Street. The purpose of the lease is to provide Valleys 2000 with the necessary legal interest in the land to obtain funding from Trillium Foundation for the further development of the Valley in keeping with the Masterplan as prepared by Scholl en & Company and approved by Council in February 2000 (Recommendation #GPA-58-00). The Memorandum of Understanding (MOU) that exists between the Municipality and Valleys 2000 articulates the partnership and each parties' responsibilities including liability, safety, public relations and ongoing maintenance. The lease agreement will use the principles set out in the MOU. 699"'6 -c.' REPORT NO.: PSD-147-03 PAGE 3 The term of the lease will be for five (5) years with the option for renewal for an additions 5 years. Consideration will be $1.00. 4.0 CONCLUSION The Valleys 2000 project is an exciting partnership and development for the Municipality of Clarington. The MOU defines the roles and responsibilities of both Valleys 2000 and the Municipality and has functioned very well over the past four years. The lease agreement is a further extension of the MOU and provides Valleys with the necessary documentation to obtain Trillium funding. Staff recommend that a Lease Agreement, to be reviewed and finalized by the Municipal Solicitor, be approved and authorized by the Mayor and Clerk. This report has been reviewed with the Directors of Works and Finance and our Solicitor they concur with its contents. Attachments: Attachment 1 - Location of lands to be leased Attachment 2 - Authorizing ByLaw List of interested parties to be advised of Council's decision: Rev. Frank Lockhart, Chair Valleys 2000 P.O. Box 364 Bowmanville, Ontario L 1 C 3L 1 699J? ATTACHMENT 1 " AVENUE z 0 z ~ ~ t.lMON eRrs. , 0 m ~ TREWIN z 0 w r ~ " . ~ CAN' au ! , o . ~ ffi ~ I' il to ~ WCST Valley Lands Owned/Leased by the Municipality of Clarington ~ Lands Owned by Municipality of Clarington, to be Leased to Valleys 2000 V////-1 Other Lands Owned by Municipality of Clarington ~ Lands Owned by CLOC, Leased by Municipality of Clarington l::::::::::::l Lands Owned by Goodyear, Leased by Municipality of Clarington 60, . /) 0 ,,-' ATTACHMENT 2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2003- being a By-law to authorize the execution of a Lease Agreement between the Corporation of the Municipality of Clarington and the Directors of Valleys 2000 (Bowmanville) . WHEREAS at its meeting of December 15, 2003, the Council of the Corporation of the Municipality of Clarington adopted the recommendation contained in Report PD-149-03; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Municipality of Clarington enacts as follows: 1 . THAT the Mayor and Clerk be authorized to execute on behalf of the Corporation of the Municipality of Clarington a lease agreement between the Corporation of the Municipality of Cia ring ton and the Directors of Valley 2000 (Bowmanville). 2. Schedule "A" attached hereto shall form part of this By-law. BY-LAW read a first time this day of December 2003 BY-LAW read a second time this day of December 2003 BY-LAW read a third time and finally passed this day of December 2003 Je,hn Mutton, Mayor Patti L. Barrie, Municipal Clerk 69 '; r ,II j