Report to: Development Services Committee Report Date: January 15, 2008

SUBJECT: Pathway Encroachment Agreement between the Town and Greensborough Management Incorporated

PREPARED BY: Linda A. Irvine, Manager, Parks and Open Space Development, x 2120

RECOMMENDATION:

THAT the report to Development Services Committee dated January 15, 2008 entitled “Pathway Encroachment Agreement between the Town and Greensborough Management Incorporated” be received;

And that the Mayor and Clerk be authorized to execute a pathway encroachment agreement with Greensborough Management Inc., as Trustee for The Greensborough Developers Group, to the satisfaction of the Commissioner of Development Services and the Town Solicitor;

And that staff be authorized and directed to do all things necessary to give effect to this resolution.

EXECUTIVE SUMMARY:

Not applicable.

1. Purpose 2. Background 3. Discussion 4. Financial

5. Others (Environmental, Accessibility, Engage 21st, Affected Units) 6. Attachment(s)

PURPOSE:

The purpose of this report is to seek Council approval to enter into a pathway encroachment agreement with Greensborough Management Incorporated as Trustee for the Greensborough Developers Group in relation to a path constructed by the Town in the Mount Joy Community connecting Mount Joy Community Park to Maple Ridge Crescent across lands currently set aside as a school block.

BACKGROUND:

In 2006, Parks and Open Space staff entered into discussions with Al Bishop of the Greensborough Developers Group and Tom Pechkovsky, Manager of Planning Services, York Region Catholic School Board, to permit the construction of a Town pathway link from Maple Ridge Crescent to the new pathway system within Mount Joy Community Park. This connection would permit residents from the Williamson Road area of Greensborough to walk safely from their homes to the park, community centre, and Mount Joy GO Train station (see Appendix “A”).

These discussions occurred because the land described as Block 100, Plan 65M-3713 is owned by the Greensborough Developers Group but is optioned by the York Region Catholic School Board for a future elementary school. The outcome of these discussions was positive and all parties are willing to participate in a process to authorize the pathway. Greensborough Management Inc. has indicated that it will enter into an encroachment agreement that includes the following terms:

1. the Town is to obtain written consent of the School Board to the encroachment, by March 30, 2008;

2. the Town is to maintain the pathway at its sole expense;

3. the Town is to indemnify and hold the Greensborough Developers Group harmless for all liability associated with the public use of the Path;

4. the Town shall maintain public liability insurance of not less than $5,000,000 in which the Greensborough Developers Group is to be named as an additional insured;

5. the Town is to reimburse the Greensborough Developers Group, in cash, by purchasing a severed portion containing the pathway in the event that there is a reduction in the purchase price for the School land when and if the School Board exercises its purchase option; and,

6. agreement by the Town to take the area of the pathway and associated landscaping toward any park land dedication requirement owing should the lands not be purchased by the School Board and instead are developed by a private interest.

A map of the area to illustrate the location of the path is attached hereto as Appendix "A".

OPTIONS/ DISCUSSION:

In anticipation of a positive outcome to these discussions, the pathway link was added as a provisional item in the Mount Joy Community Park tender (145-T-06). During construction of the park, this pathway link was constructed on the understanding that the necessary encroachment agreement would be entered into by the appropriate parties. Construction crews were mobilized to construct this pathway at the time of park construction to achieve cost savings and construction efficiencies as well as to ensure that the walkway would be completed and ready to be used when the park was opened.

FINANCIAL CONSIDERATIONS:

There are no immediate financial implications at this time. At some time in the future when the use of the property is confirmed, the Town will have to decide among several options. In the event where the school board decides to exercise its land purchase option, the Town could purchase the pathway lands (approximately 0.053 hectares) at a cost of approximately $49,313.39 based on a pre-established cost of the school board lands of $930,441.23 per hectare or remove the pathway encroachment at the Town’s sole discretion and at its expense. The cost to remove the pathway and rehabilitate the adjacent landscape would be between $5,000 and $10,000 depending on the extent of work involved.

Otherwise, if the lands are developed by a private interest pursuant to the Planning Act, the Town has agreed to accept the pathway and immediate area towards park land dedication requirements. There are no financial implications in this option. Staff will bring forward a report to Council at the appropriate time in the future to seek direction.

ENVIRONMENTAL CONSIDERATIONS:

Not applicable

ACCESSIBILITY CONSIDERATIONS:

Not applicable

ENGAGE 21^ST CONSIDERATIONS:

Not applicable

BUSINESS UNITS CONSULTED AND AFFECTED:

Legal and Finance Departments

RECOMMENDED

BY: ________________________

Valerie Shuttleworth, Director of

Planning and Urban Design

________________________ ________________________

Jim Baird, Commissioner of Catherine Conrad, Town

Development Services Solicitor

ATTACHMENTS:

Appendix A: Pathway Encroachment Map

Q:\Development\Design\linda\Parks\DSC Greensborough Pathway Report4.doc