November 26, 2013

MEMO TO: FRED MANSON, CHIEF ADMINISTRATIVE OFFICER

FROM: ALAN METCALF, DIRECTOR OF OPERATIONS

SUBJECT: RATHTREVOR BEACH PROVINCIAL PARK ENTRANCE SIGN; MAINTENANCE AGREEMENT

ISSUE:

Authorization for the City to enter into an Agreement with the Province for the installation and maintenance of an entrance sign associated landscaping, and electrical utilities for Rathtrevor Beach Provincial Park on the City road right of way.

EXECUTIVE SUMMARY:

The Province requests exclusive use of a portion of City right of way (shown in black on the sketch attached as Schedule A within the Agreement) for the purposes of installing a BC Parks portal sign marking the entrance to Rathtrevor Beach Provincial Park. The Province will be responsible for installation and ongoing maintenance costs of the works. The design proposal and maintenance obligations for the works are included in the attached Maintenance Agreement.

Subject to Council's authorization for the City to enter into the Agreement, the construction work is scheduled to begin before the end of the year.

BACKGROUND:

The BC Parks representatives contacted City staff and requested permission to install a Parks portal sign marking the entrance to Rathtrevor Beach Provincial Park. The requested location for use is a triangular portion of an unimproved road right of way, north of the Island Highway, south of Resort Way and east of Rath Road.

The sign is approximately 1.8 metres wide by 5 metres long, resting on a concrete and river rock base. It is similar to other portal signs throughout the province, however has been modified to include design elements that are consistent with other signs throughout the City. Along with the installation of the sign, the works will include landscaping and lighting.

Under the terms of the Maintenance Agreement the Province will be responsible to maintain and repair the works and the sign including: tree and vegetation management, landscaping and the cost of electrical utility installation, repair, upgrade and replacement. If for any reason, the City withdraws the rights to use the land, the agreement may be terminated by giving 90 days written notice to the Province. The Province would be responsible to remove the works and return the area to its original condition at no cost to the City.

Report to Council Page 2 of3 Rathtrevor Provincial Park Entrance Sign

OPTIONS:

Council may:

1. Direct staff to enter into the attached Maintenance Agreement with the Province for the works including the construction of the entrance sign, vegetation, landscaping and electrical utility to be located in the road right of way legally described as Nanoose Land District Plan DL 123, VIP73201, shown in black on the sketch attached as Schedule A.

2. Deny the request from the Province.

3. Direct staff to proceed in a different manner.

ANALYSIS:

The area being requested for exclusive use by the Province is unimproved road right of way. The road right of way is currently maintained by the City with activities limited to vegetation control and litter pick up. There are no Capital Works or other improvements scheduled in the area in the foreseeable future. If improvements are planned in the future the Agreement may be terminated by providing 90 days written notice. Bylaw enforcement has also been required to respond to concerns of vehicles being illegally parked and for sale in this area. It is anticipated that the proposed works would stop this from occurring. The installation of the sign and landscaping may be viewed by many as an improvement to the area. It will act as a portal to the Provincial Park and the proposed location will allow for the sign to be easily visible from the road. Under the terms of the Maintenance Agreement the Province will be responsible for upkeep of the works.

If Council directs staff to either deny the request or proceed in a different manner, BC Parks has indicated that the project would be reduced in scope and the sign would likely be located on the Park (north) side of Resort Way at Rath Road. This would result in the need to remove existing trees and would not be as visible from the road for visitors to the Park. The City road right of way would remain as is with no scheduled improvements.

SUSTAINABILITY I ENVIRONMENTAL IMPLICATIONS:

The area will be landscaped with driftwood logs, boulders, and native dune grass and beach strawberry, requiring no irrigation. Sign lighting will be low-voltage LED accent lighting.

FINANCIAL IMPLICATIONS:

The Province will be responsible for the costs of the construction and maintenance of the works. The City currently provides limited levels of service in this area of road right of way and it is anticipated that there would be a further reduction in City maintenance requirements if the works proceed.

Report to Council Page 3 of3 Rathtrevor Provincial Park Entrance Sign

RECOMMENDATION:

THAT the report dated November 26, 2013 from the Director of Operations regarding the Rathtrevor Beach Provincial Park Entrance Sign maintenance agreement be received;

AND THAT the City enter into the maintenance agreement with the Province;

AND FURTHER THAT the Mayor and Corporate Officer be authorized to sign the Maintenance Agreement on behalf of the City.

ALAN METCALF, Director of Operations

DIRECTOR OF ADMINISTRATIVE SERVICES COMMENTS:

DEBBIE COMIS, Director of Administrative Services

CHIEF ADMINISTRATIVE OFFICER COMMENTS:

F. C. MANSON, CGA Chief Administrative Officer

Attachment

p:\ users\ al\ mtc\2013\ rathtrevor sign agreement council report.doc

MAINTENANCE AGREEMENT

THIS AGREEMENT made the _____ day of ___ 20 __ ,

BETWEEN:

AND:

CITY OF PARKSVILLE 100 East Jensen Avenne Parksville, BC V9P 2H3 (the "City")

Her Majesty the Queen in right of the Province of British Columbia, as represented by the Minister of Environment

2080a Labieux Road, Nanaimo, BC V9T 6J9

(the "Province")

each a HParty" and together the "Patties",

WHEREAS:

OF THE FIRST PART

OF THE SECOND PART,

A. The City is the owner of the road right-of-way legally described as Nanoose Land District, Plan DL123, VIP73201 (the "Lands"), shown in black on the sketch attached as Schedule A;

B. The City wishes to grant to the Province, as set out in this Agreement, the exclusive use of the Lands for the purpose of installing a BC Parks Entrance Portal sign marking the entrance to Rathtrevor Beach Provincial Park.

NOW THEREFORE in consideration of the sum of$10.00 now paid by the Province to the City, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the Province and the City agree as follows:

1.0 Definitions

I. I In this Agreement:

"Sign" means the BC Parks Entrance Portal sign with "Rathtrevor Beach Provincial Park" on it; and

"Works" means the improvements by the Province to the Lands including vegetation, landscaping, and electrical utilities constructed or established upon the Lands.

2.0 Licence of Occupation and Ownership of the Sign and the Works

2.1 The City, subject to the performance by the Province of the Province's obligations under this Agreement, grants to the Province and its permitted assignees, employees and agents, an exclusive licence of occupation, to occupy and use the Lands, shown in black on the sketch attached as

Schedule A, for the purposes of erecting and maintaining the Sign and completing and maintaining the Works.

2.2 The Parties acknowledge and agree that the Sign and Works are owned solely by the Province and must be removed by the Province on termination of this Agreement, in the manner described in this Agreement.

2.3 The City further agrees that it will not remove, relocate, or alter the Works or Sign without the prior written consent of the Province.

3.0 Maintenance Obligation

3.1 The Province, and its assigned contractors, agents, employees or representatives, shall maintain and repair the Works and the Sign. Without limitation, the Province shall be responsible for tree and vegetation management; landscaping; and the cost of electrical utilities installation, repair, upgrade, and replacement.

4.0 Indemnification

4.1 The Province shall indemnify the City, its officers, employees and agents, against any claim, action, demand or proceedings by any person arising from or related to the performance or non-performance of the Province's obligations under this Agreement, in respect of any events first arising while the City remains an owner of all or part of the Lands, but excluding always the independent negligent acts and negligent omissions of the City, its elected officials, appointed officers, employees, and agents.

5.0 Successors

5. l This Agreement shall be binding upon the Parties, their successors and permitted assigns.

6.0 Governmental Powers

6.1 The City hereby reserves to itself, from the grants and the covenants made by it to the Province under this Agreement, the right for the City, and each of its agents, employees, contractors and subcontractors, to have full and complete access to the Lands to carry out any operations associated with the City's use of the Lands.

6.2 The City covenants and agrees that in exercising its rights it will not hinder or interrupt the rights granted to the Province under this Agreement.

7.0 Assignment

7.1 This Agreement shall not be assigned by the Province without the prior written consent of the City, which shall not be unreasonably withheld.

8.0 Remedy

8.1 Without limiting the remedies available to the City under this Agreement, if the Province does not perform its obligations under this Agreement, the City or its agents may, upon 90 days' advance written notice to the Province, perform those obligations, if the obligations are not performed by the Province within the 90 days, and the cost of so doing shall be a debt payable by the Province to the City.

9.0 Further Documents

9.1 The Parties shall do and cause to be done all things, and execute all documents, necessary to give effect to the intention of this Agreement.

10.0 Termination of Agreement

I 0.1 The Parties acknowledge and agree that:

(a) the City may withdraw the rights it has granted herein and terminate this Agreement by giving 90 days' written notice to the Province, and the City shall not be liable in any way to the Province for any cost, damage, liability or loss suffered as a result;

(b) the Province may terminate this Agreement, by giving 90 days' advance written notice to the City, as of a date specified in such notice;

( c) immediately upon termination of this Agreement, the Province will, at its own expense, remove the Works and Sign and fill up any excavation made, constructed or maintained, with respect to the Lands, and remediate and restore the Lands and any adjoining City lands affected by the Works and Sign to their original condition, to the satisfaction of the City or where in the sole discretion of the City, remediation or restoration is not possible, compensate the City for any unremediated or unrestored damage or loss it suffers; and

( d) if the obligations under this section are not performed by the Province within 90 days of the termination of this Agreement, the city may perform the obligations under this section and the cost of doing so shall be a debt payable by the Province to the City.

City of Parksville by its authorized signatories

Name

Title

Signature

Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Environment by her authorized signatory:

Don Cadden, West Coast Regional Director, BC Parks

Signature

Signed and Delivered in the presence of:

Witness Name

Signature

Schedule A

Legal Description or Plan of site

Site Plan and Desi

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