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15. License of Occupation - cARLETON GOLF AND
yACHT CLUb PERMIS D’OCCUPATION - CARLETON GOLF AND YACHT CLUB |
Committee Recommendation
That Council approve the granting of a non-exclusive License of Occupation Agreement to the Carleton Golf and Yacht Club in the general form as described in this report.
Recommandation du comité
Que le Conseil approuve la passation
d’un accord concernant le permis d’occupation non exclusif auprès de Carleton
Golf and Yacht Club, sous une forme générale, comme il est décrit ans le
présent rapport.
Documentation
1.
DCM’s
report (Public Works and Services) dated 15 February 2008
(ACS2008-PWS-INF-0006).
Report
to/Rapport au :
Corporate Services and Economic Development Committee
Comité des services organisationnels
et du développement économique
and Council / et au Conseil
15 February 2008 / le 15 fevrier 2008
Submitted
by/Soumis par: R.G. Hewitt,
Deputy
City Manager/ Directeur municipal adjoint,
Public
Works and Services/Services et Travaux Publics
Contact Person/Personne
ressource : W.R. Newell, P.Eng.,
Director/ Directeur, Infrastructure
Services/ Services d'infrastructure
(613) 580-2424 x16002, Wayne.Newell@ottawa.ca
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SUBJECT: |
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OBJET : |
REPORT RECOMMENDATION
That the Corporate Services and Economic Development Committee recommend Council approve the granting of a non-exclusive License of Occupation Agreement to the Carleton Golf and Yacht Club in the general form as described in this report.
RECOMMANDATION DU
RAPPORT
Que le Comité des services
organisationels et du développement économique recommande au Conseil
d’approuver la passation d’un accord concernant le permis d’occupation non
exclusif auprès de Carleton Golf and Yacht Club, sous une forme générale, comme
il est décrit ans le présent rapport.
BACKGROUND
The City has
received a request for a non-exclusive License of Occupation to allow the
Carleton Golf and Yacht Club (CGYC) to construct, operate and maintain a
privately owned utility, crossing the City’s municipal rights-of-way at four
locations, namely one at Marina Drive, two at Fairway Drive, and one at Bunker
Road (Attachment 1). This privately
owned utility is required for the irrigation distribution system to service
various areas on the golf course.
DISCUSSION
This proposed Agreement is
for a non-exclusive License of Occupation which sets out the terms and
conditions by which the CGYC shall enter on to, work, maintain, repair and
reinstate the identified road
allowances. The CGYC Agreement
provides, in part, as follows:
1. To
guarantee all provisions of the Agreement, the CGYC will file with the City one
irrevocable letter of credit, in the total amount of the estimated costs for
the construction, and installation of the private utility.
2. All
costs and liabilities for the design, construction, operation and maintenance
of the private utility shall be the sole responsibility of CGYC. The private
utility shall be designed, engineered, and constructed to good industry
standards as reviewed by the Director of Infrastructure Services, and shall be
in compliance with all applicable government statutes, regulations and by-laws.
CGYC shall obtain all required approvals for the construction, installation or
alteration of the private utility.
3. CGYC
shall maintain and operate the private utility in accordance with established
operations and maintenance procedures and good engineering standards and
practices. CGYC shall be solely
responsible for any and all discharges or releases from the private utility.
4. CGYC
shall be liable for and shall indemnify the City for any costs, expenses,
damages or loss by the City, and maintain liability insurance to meet City
requirements.
5. The term of
this Agreement is for a period of twenty years from the date of execution, and
shall be renewed for consecutive periods of two years, unless terminated by
either party. The City has the option
to terminate this Agreement at any time with ninety days written notice.
CONSULTATION
There has been consultation with the Carleton Yacht and Golf Club on the preparation of this agreement. The Ward Councillor supports the recommendation of this report.
FINANCIAL IMPLICATIONS
CGYC
will pay all costs associated with the preparation and registration of the
License of Occupation Agreement, and pay the City a one time fee of $400.00, in
addition to an annual fee of $660.00, subject to an annual fee increase indexed
by inflation, plus applicable taxes and permit fees.
SUPPORTING DOCUMENTATION
Attachment 1 – Location Plan
DISPOSITION
Legal Services Branch to finalize and arrange for the execution of the License of Occupation Agreement.
Attachment 1
Location Plan
