RECOMMENDATION:
THAT the
report dated May 16, 2005, entitled “German Mills
Tennis Club, Premises Site Lease and Licence for Sanitary Sewer Installation”
be received;
AND THAT Council
authorize the Mayor and Clerk to execute a Memorandum Of Agreement with the York Region District School Board to lease land
situated under the existing German Mills Tennis Club Facility located on a
portion of the German Mills Public School site, together with a license to
install a sanitary sewer line connection to the facility over lands of the
German Mills Public School site, in a form that is satisfactory to the Town
Solicitor.
PURPOSE:
The purpose of this report
is to request Council’s permission to enter into a Memorandum Of Agreement with
the York Region District School Board to lease
land situated under the existing German Mills Tennis Club Facility located on a
portion of the German Mills Public School site, together with a license to
install a sanitary sewer line connection to the facility over lands of the
German Mills Public School site, in a form that is satisfactory to the Town
Solicitor.
EXECUTIVE SUMMARY:
The German Mills Tennis Club (“the Club”) established
a facility on the German Mills Public School property during the 1970’s. It has managed
the facility since that time. The Club wishes to install a basic washroom in a
small clubhouse that is situated on the premises. Council previously approved,
as a project of the Parks Department 2004 Capital Budget, the installation of a
washroom at the facility. The Club agreed to provide $19,500 (approximately 50%
of the cost) toward the project as provided for in the Town’s Tennis Club
Development and Maintenance Policy. However, in discussion with the York Region
District School Board (“the Board”) it was determined that no formal land lease
existed for the current facilities.
Therefore a Memorandum
of Agreement has been developed to formalize a land lease for the facility and
to provide a licence agreement to accommodate the proposed installation of a
sanitary sewer line over the school site.
BACKGROUND:
The German Mills Tennis Club is a not-for-profit club. It established a
tennis club facility on the German Mills Public School property during the 1970’s. In exchange for using a
portion of the school site, the Club provides scheduled use of the facility to
staff and students of the German Mills Public School and the Flowervale Public School at a nominal cost. The Club wants to install basic
washroom facilities on the premises for members and guests. The Board is in
agreement with the Club’s proposal and with Town staff has developed a
Memorandum of Agreement which formalizes a lease for land under the premises
and a licence for the installation of a sanitary sewer line from the street to
the facility. The land lease has an initial term of five (5) years, commencing January 1, 2005 and terminating December 31, 2010 and it will automatically renew for periods of one
(1) year unless terminated in writing by either party giving a minimum of six
months notice. The fee is $2.00 for the entire period.
The licence for installation of a sanitary sewer line from the street to
the Club runs concurrent with the land lease.
DISCUSSION:
In order to install a washroom at the
German Mills Tennis Club, the York Region District School Board requires the Town
to execute a Memorandum of Agreement that formalizes a land lease for the
existing tennis club facility located on the School Board property and creates
a licence agreement for the installation of a sanitary sewer line across the
school site.
It is anticipated that the work would be
completed during this summer. If approved by Council, staff will finalize the
Agreement with the Board and tender the project.
FINANCIAL
CONSIDERATIONS:
The
cost of installing an eight “8” inch sanitary sewer line across the school site
is estimated to be $39,000. Council approved this capital item as part of the
Parks Department 2004 Capital Budget,
Account No. 059-6150-6184-005. The
German Mills Tennis Club has agreed to contribute $19,500 toward the project.
The Club is also responsible to pay the entire cost of installing a washroom in
the clubhouse.
BUSINESS
UNITS CONSULTED AND AFFECTED:
Construction
and Utilities Department and Operations.
ATTACHMENTS:
Schedule
A – Sketch of Demised Premises and Sanitary Sewer Line Location
______________________________________ ___________________________________
Jim Sales
Brian
G. Varner
Commissioner,
Community and Fire Services Manager
of Real Property
______________________________________
Catherine M. Conrad
Town
Solicitor
Q:\Exec Office\Legal\VARNER\VARNER 2004\REPORTS 2005\German Mills Tennis
Club YRDSB.doc
