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HomeMy WebLinkAboutCSD-07-009 - Electric Carts and Tram on Community Trails for People with Mobility Challenges ) ~ Community Services ~ Report To: Date of Meeting: Submitted By: Prepared By: Ward(s) Involved: Date of Report: Report No.: Subject: Community Services Committee January 8,2007 Ken Currier Director of Operations Peter Wetherup Parks Planner All December 22, 2006 CSD-07 -009 ELECTRIC CARTS AND TRAM ON COMMUNITY TRAILS FOR PEOPLE WITH MOBILITY CHALLENGES RECOMMENDATION: That the trails included in Schneider Park at Freeport and from the Freeport Bridge to Pioneer Tower/Kuntz Park be the designated sections of the City's trail system to be used in concert with the cart and tram system; and further, That the Mayor and Clerk be authorized to enter into an agreement as attached subject to the satisfaction of the City Solicitor, with Mr. Thomas Kaufman for use of all or a portion of the designated trail sections for a term of one year, to be reviewed on an annual basis. BACKGROUND: At the Community Services meeting of June 12, 2006 report CSD-06-072 (Electric Carts and Tram on Community Trails for People with Mobility Challenges) was submitted for Committee consideration. It was resolved: "That the Director of Operations determine designated sections of the City's trail system suitable for operation of the cart and tram system for persons with mobility issues or physical challenges; and, That the concerns expressed by the Lower Doon Neighbourhood Association regarding the prohibition of vehicles on the Walter Bean Trail Grand River Bridge be addressed when determining the designated sections of the City's trail system; and further, That the Mayor and Clerk be authorized to execute an agreement, to the satisfaction of the City Solicitor, with Mr. Thomas Kaufman for use of all or a portion of the designated trail sections for a term of one year, to be reviewed on an annual basis, subject to prior consideration and approval of the agreement by the Community Services Committee." Report No: CSD-07-009 City Council at its regular meeting held June 19, 2006, deferred action in regard to the recommendation and referred the matter to a future Community Services Committee meeting pending a staff review of the proposed business plan. REPORT: Mr. Kaufman has submitted the business plan and it has been reviewed by staff. Upon review, the Director of Operations has designated the following trail sections for use of the cart and tram system for a one year period: 1) Schneider Park at Freeport 2) Freeport Bridge to Pioneer Tower/Kuntz Park Restrictions will include daylight use only on Monday through Fridays and no use past dawn during the spring flood season (April & May). The concerns of the Lower Doon Neighbourhood Association regarding use of the future bridge are addressed through the designated trail sections not including any trail section beyond the Pioneer Tower. It is now in order to proceed with an agreement for use of the designated trail section for a term of one year and reviewed on an annual basis. FINANCIAL IMPLICATIONS: The fee for the first year will be a nominal charge and it will be reviewed with the agreement on an annual basis. COMMUNICATIONS: This proposal has been before Community Services Committee on two occasions (June 21, 2004 and June 12, 2006) and Council (June 19, 2006). The proposal also was presented to the Grand River Accessibility Advisory committee (April 26, 2006) . CONCLUSION: The idea to provide access to our open spaces system and all of its features (the Grand River, the wildlife, flora and fauna) to a group of citizens who would not normally experience this would be a benefit to the community. Ken Currier, Director Operations Division LICENSE AGREEMENT made this 15th day of November, 2006. BET WEE N: THE CORPORATION OF THE CITY OF KITCHENER, hereinafter called the CITY, of the FIRST PART, - and - GRAND RIVER CONSERVATION AUTHORITY, hereinafter called "GRCA" of the SECOND PART, - and - CANADIAN RECREATIONAL EXCURSIONS INC., hereinafter called "CR EXCURSIONS" of the THIRD PART WHEREAS the City owns certain lands on which it maintains a trail as part of the municipal community trail system, as more particularly illustrated on Schedule "A" hereto; AND WHEREAS GRCA owns certain lands on which is permits the City to maintain a community trail, more particularly illustrated on Schedule "A" hereto; AND WHEREAS CR Excursions provides excursion services using electric carts and trams within the City of Kitchener and proposes to offer these services on certain of the City's community trails to alllow greater access and enjoyment of community trails to persons with mobility issues or physical challenges; NOW THEREFORE in consideration of the premises herein and of other good and valuable consideration, the parties agree as follows: 1. Grant of License 1.1 GRCA and the City hereby grant to CR Excursions the non-exclusive use of the trails described and illustrated in Schedule "A" hereto for the purposes hereinafter set forth, for the period of TWELVE (12) months, commencing December 1, 2006 and expiring November 30, 2007: a) CR Excursions hereby accepts the trails in their condition as of the date hereof and will not call upon the City or GRCA to do or pay for any work or supply any equipment to make the trails more suitable for the proposed use by CR Excursions hereunder save and except the City's standard trail maintenance activities; b) CR Excursions shall pay to the City and the GRCA the sum of ONE ($1.00) Dollar each, payable annually in advance, as a license fee upon the commencement of this Agreement and subsequently on each anniversary date thereof; c) The License granted herein shall be exercised only on the following days and times: Monday to Saturday between 6:00 a.m. and 12:00 a.m., Sundays 1 :00 p.m. to 9:00 p.m. d) CR Excursions acknowledges that periodically a portion or portions of the trails may be closed due to flooding and agrees that it will not operate its electric cart and tram service beyond any flood gates or other trail closures installed by the City. 1.2 The license herein granted may only be extended or renewed upon written agreement of all parties. 2. Licensee's Covenants 2.1 To pay the license fee as set out in clause 1 ; 2.2 To use the trails only for the purposes of operating an electric cart and tram service; 2.3 Not to erect any building or structures on the trails without written permission of the City or the GRCA; 2.4 CR Excursions acknowledges and accepts that the trails will be maintained by the City to the City's normal trail maintenance standards and that CR Excursions shall be responsible for snow cleaning using equipment approved by the City's Director of Operations; 2.5 CR Excursions shall be responsible for any damage or excess maintenance to the trails caused by its use and equipment and shall pay to the City any excess maintenance and repair costs that result from its use of the trails; 2.6 CR Excursions acknowledges and accepts that there shall be no external advertising on its carts or trams other than its own business logo, save and except any special events that have received the prior approval of the City's Director of Operations. 2.7 In the exercise of the license granted herein, at all times CR Excursions shall ensure the safety of all persons using the trail as part of its service or otherwise; 2.8 CR Excursions shall ensure no refuse, litter, garbage or loose or objectionable material accumulates in or about the trails in connection with its use pursuant to this Agreement; 2.9 CR Excursions shall insure that all of its employees shall be competently trained to operate its equipment and provide the service. If requested, CR Excursions shall provide satisfactory evidence of Workers' Compensation coverage; 2.10 CR Excursions shall provide and maintain comprehensive general liability insurance in the minimum amount of TWO MILLION ($2,000,000.00) DOLLARS with respect to its use of the trails during the full term of this Agreement and any extension thereof, naming the City and GRCA as additional insureds, and to provide a certificate evidencing same, prior to execution of this Agreement and as required by the City and/or GRCA. Without limiting the generality of the foregoing, such public liability insurance shall contain provisions for cross-liability, severability of interest, and no cancellations or alterations without the consent of the Licensor; 2.11 CR Excursions shall not assign this Agreement without the prior written consent of the City and the GRCA, which consent may be unreasonably withheld; 2.12 CR Excursions agrees to leave the trails in substantially the same condition at the expiry of this Agreement as they were at the commencement of the Agreement; 2.13 CR Excursions shall comply with all federal, provincial and municipal laws, rules, regulations and by-laws and hold the City and GRCA harmless from the consequences of its failure to do so. 3. Indemnitv 3.1 a) CR Excursions shall at all times indemnify and save harmless the City and GRCA from and against any and all claims, demands, losses, costs, charges, expenses, actions and other proceedings (including those in connection with worker's compensation or any other similar successor arrangements) made, brought against, suffered by or imposed on the City or the GRCA or its property in respect of any failure by CR Excursions to fulfil any of its obligations under this Agreement or for any reason whatsoever or in respect of any loss, damage or injury (including injury resulting in death): a) to any person or property (including, without restricting the generality of the foregoing, employees, contractors, agents and property of the City or GRCA as the case may be) directly or indirectly arising out of, resulting from or sustained by reason of the occupation or use of the trails, or any operation in connection therewith or any fixtures or chattels thereon, or b) to any person while on adjoining lands of the City or GRCA in the course of that person's entry onto or exit from the trails. 3.2 The City and GRCA shall not be liable, directly or indirectly, for any personal injuries that may be suffered or sustained by any person who may be on the trails or for any loss of or damage or injury to property belonging to CR Excursions or any other person unless such injury, loss or damage is due to the City or the GRCA's negligence or default or the negligence or default of those for whom the City or GRCA, as the case may be, is in law responsible. 3.3 CR Excursions shall fully indemnify and save harmless the City and GRCA from and against all construction liens and related costs and other claims in connection with all work performed by or for CR Excursions on the trails and shall promptly remove all registered claims from title. 3.4 If CR Excursions defaults in performing any of its obligations under this Agreement, the Licensor shall give written notice to the City and/or GRCA shall give written notice to CR Excursions of such default giving CR Excursions SEVEN (7) days to remedy such default failing which the City and/or GRCA may terminate this license and CR Excursions shall then forthwith remove its chattels and fixtures, if any, from the trails and shall restore the trails to the condition in which they were at the commencement of this Agreement. 4. 50ecial Events 4.1 CR Excursions may request approval from the City's Director of Operations for occasional special events to be sponsored by CR Excursions on the trails. 5. Notices 5.1 Any notice required to be given to the City or the GRCA under the terms of this Agreement shall be sufficiently given if delivered to the City or the GRCA or mailed by prepaid registered mail addressed to the City as follows: The Corporation of the City of Kitchener P.O. Box 1118 200 King Street West Kitchener, ON N2G 4G7 Attention: Legal Services and to the GRCA as follows: Grand River Conservation Authority P.O. Box 729 Cambridge, ON N1 R 5W6 Attention: Mr. Jim Woods Any notice required to be given to CR Excursions under the terms of this Agreement is deemed to be sufficiently given if delivered to CR Excursions or mailed by prepaid registered mail addressed to CR Excursions at: Canadian Recreational Excursions Inc. Freeport Health Centre 3570 King Street East Kitchener, ON N2A 4B2 Attention: Mr. Thomas W. Kaufmann or at such other address as CR Excursions may in writing designate. In either case, such notice shall be deemed to have been received on the date of its delivery or in the case of mailing, five (5) business days after its delivery to the post office. This Agreement shall enure to the benefit of and be binding upon the parties and their respective successors and (where permitted) assigns. IN WITNESS WHEREOF the parties of the Second and Third Parts have hereunto affixed their respective corporate seals under the hands of their duly authorized officers in that behalf or set their hands and seals, and the Party of the First Part has hereunto affixed its corporate seal under the hands of its Mayor and Clerk. SIGNED SEALED & DELIVERED THE CORPORATION OF THE CITY OF KITCHENER Carl Zehr, Mayor Randy Gosse, Clerk GRAND RIVER CONSERVATION AUTHORITY Name & Title Name & Title CANADIAN RECREATIONAL EXCURSIONS INC. Name & Title Name & Title