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Committee of the Whole/Documents/Advisory Committee Report - Private Use Garden Agreement – Game Road Nature Park
Staff Report

Advisory Committee Report - Private Use Garden Agreement – Game Road Nature Park

March 10, 2015Pages 92–951 section

Proposal to establish a private garden agreement with a local strata for use of municipal park land.

Licensee: Erskine Lane Strata (14 Erskine Lane)Term: 2 yearsAnnual Fee: $20/plotPlots not to exceed 6' x 12'

TOWN OF VIEW ROYAL ADVISORY COMMITTEE REPORT

TO: Committee of the Whole DATE: March 3, 2015 FROM: J. Smith, Engineering Clerk MEETING DATE: March 10, 2015

Private Use Garden Agreement – Game Road Nature Park

RECOMMENDATION:

THAT the Committee recommends that Council accept the terms of the proposed agreement with the 14 Erskine Lane Strata, VIS 3076, for a private use garden within Game Road Nature Park;

AND THAT the Committee recommends that Council authorize staff to proceed with preparation of a formal agreement.

CHIEF ADMINISTRATIVE OFFICER'S COMMENTS:

I concur with the recommendation.

DIRECTOR OF ENGINEERING'S COMMENTS:

I concur with the recommendation.

PURPOSE OF REPORT:

To provide Council with information regarding the proposed terms of agreement.

TIME CRITICAL:

The proponent would like to undertake the project for the 2015 growing season.

BACKGROUND:

An email request was made November 4, 2014 by the President of the 14 Erskine Lane Strata for use of a portion of the Game Road Nature Park for gardening purposes. In response to this request, the Committee of the Whole made the following recommendation at its December 9, 2014 meeting:

THAT the Committee recommend to Council that the request for a community garden within the Game Road Nature Park be referred to the Parks, Recreation and Environment Advisory Committee.

The following recommendation was made by the Parks, Recreation and Environment Advisory Committee:

THAT the Committee recommend to Council that they support the Private Garden Request for Game Road Nature Park with a two year trial period and a provision that the residents maintain a portion of Game Road Park and that an agreement that states the required maintenance expectations be signed.

Council then made the following recommendation at the February 17, 2015 Council Meeting:

THAT staff work with the Game Road Strata regarding the private garden request for Game Road Nature Park with a two year trail period with a provision that the residents maintain a portion of Game Road Park be approved;

AND THAT an agreement that states the required maintenance expectation be signed.

PROJECT INFORMATION:

Staff met with the President of the Strata to identify the following terms of agreement:

  • Licensee – Erskine Lane Strata, 14 Erskine Lane
  • Term – 2 years commencing (final date to be decided subject to approval of application)
  • Annual Fee - $20/plot paid to the Town of View Royal
  • Licensee will, at its own expense, construct plots, subject to approval of Director of Engineering (include size/dimensions in a hand drawn plan), not to exceed 6' x 12' - Schedule B attached for proposed design
  • Location - see site plan – see Schedule A attached
  • Number of beds - 2-8 subject to approval of Director of Engineering - see Schedule C attached
  • Water/Irrigation – provided by Strata, at its own expense
  • Tools – provided by Strata, at its own expense
  • Insurance – $2M per occurrence, all inclusive, naming Town as additional insured, copy provided to Town
  • Access – hours/days gardening can occur - same as View Royal Community Garden, 8am-8pm, 7 days per week
  • No on-site composting without prior consent of Town
  • No Parking (no blocking fire lane access)
  • Give up View Royal plot – not applicable during this two year trial period
  • Ecosystem, stewardship of the area (pruning blackberries) – area to be defined on map/photos – see Schedule A attached.
  • Exclusive use of the strata
  • Fencing – may install individual fencing around each plot
  • Maintenance/Repair/Removal – The Licensee will pay or reimburse Town of these costs if required
  • Town has right at all times to enter for constructing, maintaining, inspecting or removing

BUDGET IMPLICATIONS:

There is no budget implication at this time.

POLICY IMPLICATIONS:

There are no policy implications at this time.

ALTERNATIVES TO STAFF RECOMMENDATION:

THAT the Committee recommends that Council deny the agreement application.

RECOMMENDATION:

THAT the Committee recommends that Council accept the terms of the proposed agreement with the 14 Erskine Lane Strata, VIS 3076, for a private use garden within Game Road Nature Park;

AND THAT the Committee recommends that Council authorize staff to proceed with preparation of a formal agreement.

SUBMITTED BY: Jennifer Smith, Engineering Clerk

REVIEWED BY: J. Rosenberg, Director of Engineering

REVIEWED BY: Kim Anema, Chief Administrative Officer

Page 92–95

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Extracted from: 2015 03 10 Committee of the Whole Agenda