2021 COMMERCIAL RECOVERY INITIATIVE - ENCROACHMENT PERMIT - Oakville
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
2021 COMMERCIAL RECOVERY INITIATIVE
ENCROACHMENT PERMIT
Terms of Use of Encroachment Commitment
Insert Business name and location address here
(hereinafter referred to as the “Applicant”)
The Town of Oakville provides encroachment access and use as a privilege, not a right.
By signing the current version of these Terms of Use, the Applicant and the property
owner acknowledge that they have read, understand and accept this Terms of Use of
Encroachment.
Commercial Recovery Initiative
The economy of Oakville and commercial services available to the community have been
drastically impacted by the COVID-19 pandemic. In response to the COVID-19 pandemic, the
Mayor formed an Economic Task Force to provide immediate short-term relief measures to the
business community, as well as explore options to support Oakville’s long-term economic
recovery. The reopening of commercial businesses will require interim adjustments to methods
of service delivery to maintain physical distancing requirements related to COVID-19 and meet
the needs of the community.
The Economic Task Force has collaborated to develop the Commercial Recovery Initiative to
support the town-wide reopening of commercial businesses in a practical manner that supports
the safety of the community, employees and members of the public.
One of the recommendations of the Commercial Recovery Initiative is to offer encroachments
onto town lands in and adjacent to commercial areas at nominal cost to enable the provision of
temporary commercial services outdoors, including patios or pop-up facilities associated with
existing restaurants and retail businesses, or outdoor sale or display of merchandise meeting the
objectives of the program, subject to permitting requirements, such as incorporating physical
distancing measures in commercial areas to address safety including dedicated queueing or
pedestrian areas.
The Commercial Recovery Initiative is a temporary initiative due to the special circumstances
created by the COVID-19 pandemic. The granting of encroachments onto Town lands for a
nominal cost will not be available in future years once the Town decides the initiative is no longer
required. The duration of the Commercial Recovery Initiative will be determined by the Town
based on factors such as the duration of physical distancing and other requirements associated
with the COVID-19 emergency. Encroachments which would otherwise be permitted by the Town
(such as restaurant patios) may continue beyond any termination of the Commercial Recovery
Initiative without further fee or permit, subject to compliance with relevant by-laws and the terms
of this agreement.
Encroachment
___________________________________________________________________________________
2021 Commercial Recovery Initiative Encroachment Permit
Terms of Use of Encroachment Commitment 1This permit is to authorize an encroachment over the town lands identified in Schedule “A” attached hereto (the “Encroachment”) for the purpose of ____________. The Applicant will be entitled to use the Encroachment only for such purpose, and only when such purpose is permitted under the COVID-19 restrictions discussed herein. The approval by the Town of this Encroachment permit does not mean that the Applicant can commence using the Encroachment if such use contravenes any Act, Regulation and/or provincial order. COVID-19 Restrictions The Applicant acknowledges there are Provincial, Federal, Regional and Municipal restrictions due to the COVID-19 pandemic that will impact the way the Applicant can use the Encroachment, and these restrictions are constantly changing and evolving. The Applicant agrees to comply with all laws, directions, rules, and regulations made by public health authorities or government bodies/agencies in its use of the Encroachment. The obligation for understanding and complying with legal, regulatory, and health safety requirements and any applicable updates therein falls upon the Applicant. The Applicant shall comply with any changes/updates to public health advice and government regulation related to safe practices for COVID-19 applicable to the Applicant’s use of the Encroachment. Failure to comply with any of these rules and regulations may lead to a termination of the right to use the Encroachment. The Applicant further acknowledges that changes to restrictions applicable to competing uses of the public lands (such as adjacent pedestrian or queuing areas) may result in reductions in the size of the encroachment or restrictions to the manner in which the area within the encroachment may be used. Disclaimer In light of incidents globally of vehicles accidentally and/or intentionally hitting people in the road and on the sidewalk, the Applicant acknowledges that the Town of Oakville did not and does not perform any independent road safety and security review or evaluation as part of this encroachment permit application, and by no way should this permit be reviewed as acknowledgment nor approval nor as risk evaluation of the safety and security associated with the operation of this Encroachment and/or serving and/or seating people on the sidewalk and/or in and near the road allowances at this location. Release from Liability Any person who is using, operating, or occupying this Encroachment is doing so by their own will and at their own risk. The Applicant and the property owner if other than the Applicant, their heirs, executors, administrators and assigns will indemnify and save harmless the Town of Oakville from any claim, action, damage or loss whatsoever, with respect to death, personal injury or property damage arising directly, indirectly or consequentially from operations carried out under this permit. Insurance The applicant and the property owner if other than the Applicant shall deliver to the Town, prior to the approval of this permit, a certificate of insurance with respect to the aforementioned, including third party liability coverage with an insurance company acceptable to the Town, in the minimum amount of two million dollars ($2,000,000.00) in total and in the minimum amount of two million dollars ($2,000,000.00) for each occurrence and containing provisions satisfactory to the Town, naming the Town as an additional insured and being non-cancellable by the insurance company without reasonable written notice to the Town. By requesting the minimum amount of the total Insurance coverage and the coverage for each event/incident, the Town of Oakville did not and does not perform any independent risk evaluation, and by no way should this minimum amount of two million dollars ($2,000,000.00) be viewed as ___________________________________________________________________________________ 2021 Commercial Recovery Initiative Encroachment Permit Terms of Use of Encroachment Commitment 2
acknowledgment nor approval nor as risk evaluation. It is the responsibility of the Applicant to verify with their insurance company that the insurance amount of each occurrence will reflect the maximum number of persons (customers and employees) that can occupy the encroachment at any given moment if a vehicle should strike the encroachment. Liquor License (if applicable) If the Applicant is the holder of a liquor license for the premises associated with the Encroachment, the execution of this agreement confirms pursuant to O.Reg. 719 under the Liquor License Act, that the Town does not object to the temporary extension of the licensed premises to temporarily extend the physical size of their existing licensed patio or to temporarily add a new licensed patio within the Encroachment. The Applicant acknowledges that the Town, in granting this consent has not reviewed the terms of the liquor sales licence and is not warranting compliance with other sections of the regulation. Compliance with the terms of the regulation and any conditions of the liquor licence remain the sole responsibility of the Applicant. Operating Conditions 1. It is the responsibility of the Applicant to assess the risks associated with the operations carried out under this permit and to incorporate measures to maintain the required spatial separation distances between pedestrians (passers-by) and business patrons, and to separate business patrons from traffic (such as, but not limited to) barricades, enclosures, railings, and bollards. Any such proposed measures shall comply with the COVID-19 related Provincial, Federal, Regional and Municipal restrictions, and be incorporated within the boundary of the Encroachment. 2. The Encroachment shall not be used earlier than 7:00 am nor later than 11:00 pm other than for special events where a special event permit has been issued by the Town of Oakville. 3. No music, refuse/garbage receptacles, storage containers or power cords and cables (including strings of lights) shall be permitted on the Encroachment. The only lights permitted on the Encroachment are solar powered lights. The Applicant shall not use the Town’s refuse bins for garbage generated from the Encroachment. 4. The Applicant shall be permitted to have a heating device and/or tent in the Encroachment provided it meets the standards set out in the Town’s Winter Patio Guidelines on the Town’s website and the Oakville Fire Department and Town staff have approved such tent or heating device prior to installation. The Applicant acknowledges that the number of sides of the Encroachment that can be enclosed by a tent is dependent on the Provincial, Federal, and Municipal restrictions in respect of the COVID-19 pandemic, and these restrictions are constantly changing and evolving. 5. The Applicant shall pay to the Town a special license fee of $2.00, the receipt of which is hereby acknowledged by the Town, for the use of the Encroachment under the Commercial Recovery Initiative. 6. The Applicant shall discontinue its operations on the Encroachment and remove any objects from the Encroachment no later than Tuesday, November 2, 2021. ___________________________________________________________________________________ 2021 Commercial Recovery Initiative Encroachment Permit Terms of Use of Encroachment Commitment 3
7. If the Applicant is serving alcohol in the Encroachment or the Encroachment includes a
parking space, that area shall be bounded by railings/enclosures. The final location of the
Encroachment and any temporary structures being built within the Encroachment is
subject to the approval of the Town’s Director of Engineering and Construction and all
work shall be completed to the unfettered satisfaction of the aforementioned Director.
8. The Applicant agrees to maintain the Encroachment in a safe condition and agrees to
monitor and inspect daily the condition of the Encroachment and promptly effect such
repairs and replacements as shall be necessary to ensure public safety and ease of
passage.
9. All construction and operation of the Encroachment shall fully comply with all applicable
statutes, regulations and by-laws of legislative and quasi-legislative bodies having
jurisdiction including, without limiting, the generality of the foregoing by-laws of the Town
of Oakville.
10. Nothing will be hung or attached to the public side of the railings/enclosures including
planters or any other items whatsoever that will reduce the travelled area of the road
and/or the width of the pedestrian walkway to less than 2m. Exceptions that reduce the
travelled area of the pedestrian walkway to no less than 1.5m may be considered at pinch
points created by obstacles within the boulevard provided measures are taken within the
Encroachment to maintain physical distancing requirements between pedestrians and
individuals within the Encroachment.
11. The design of and materials used for any structures installed in the Encroachment shall
be approved by Town staff prior to installation. Town staff will visit the installation to
ensure it has been both built and is maintained as per the approved application materials
and permit.
12. Advertising and signage is not permitted on or around the Encroachment
railings/enclosure. A- Frame signs may be permitted with the appropriate permit issued
by the Town of Oakville.
13. Any structures or objects placed within the Encroachment shall be positioned and
constructed in a manner to ensure surface drainage is unimpeded through the area and
barrier-free access is provided and maintained. Where solid barriers are proposed as
part of a COVID-19 mitigation strategy, the applicant shall obtain and submit an
engineer’s report assessing wind load and shall install the barrier and otherwise comply
with any recommendations in such report.
14. Any structures or objects placed within the Encroachment shall be easily removable in
case the Town or a utility company requires access to the Encroachment and the
structures or objects need to be temporarily removed. The Applicant acknowledges that
there may be services installed upon, across, along, and under Encroachment, or that it
might be necessary in the future to install any such services as required for municipal
purposes, other governmental purposes or purposes of public or private utilities. The
Applicant agrees that his rights pursuant to this Agreement shall be subject to such
services, and to the rights of any municipality, government, or public or private utility to
construct, install, maintain, inspect, repair, replace, relocate, and otherwise deal with
such services. The Applicant shall have no claim for damages, or other relief, against
___________________________________________________________________________________
2021 Commercial Recovery Initiative Encroachment Permit
Terms of Use of Encroachment Commitment 4the Town, or such other parties, arising out of any interruption of the use of the
Encroachment pursuant to this Agreement caused by such services, or any such
activities in connection therewith.
15. Any structures or objects placed in the Encroachment shall not, without the Town’s prior
written consent, be affixed or anchored to the ground. The Applicant shall not drill into
the ground or do anything that damages the Encroachment lands. Upon the termination
of the encroachment rights under this permit, the Applicant shall restore the
Encroachment to the state it was in prior to the Applicant’s use of the Encroachment, to
the satisfaction of the Town, and at the Applicant’s sole expense, failing which the Town
may complete the restoration and the Applicant agrees to reimburse the Town on demand
for such restoration costs.
16. This encroachment permit is granted at the pleasure of the Town of Oakville and may, in
its sole and unfettered discretion, be revoked without notice at any time. If the
encroachment permit is revoked, the encroachment use and operation shall stop
immediately and the encroaching elements shall be removed within two days at the
Applicant’s/owner’s expense.
17. The Town may at any time, and from time to time, perform maintenance or planned
construction activities within the Encroachment area which may require a temporary
inability to use the Encroachment area or the temporary removal by the Applicant of any
structures from within the Encroachment area. The Applicant and the property owner if
other than the Applicant, hereby releases and indemnifies the Town from all costs and
liabilities with respect to this closure. The Town shall provide the Applicant with a
minimum of 2 days prior notice if any structures require removal.
18. The Applicant and the property owner if other than the Applicant, shall permit the Town
and its contractors, or any public or private utility, to enter upon the area of the
Encroachment for the purposes of installation, maintenance and/or repairs of pipes,
cable, wires, pulls or other installations, and, the Applicant and the property owner if other
than the Applicant shall, upon request, remove any structures erected within the
Encroachment permitted under this permit, in order to facilitate the work to be done as
aforesaid. The Applicant and the property owner if other than the Applicant hereby
releases the Town from any and all claims that it may have against the Town for any
interference with or interruption of the use of the licence hereby granted as a result of the
Town, or any public or private utility, its or their employees, agents, consultants,
contractors, or authorized persons undertaking any work contemplated by this paragraph.
19. Any structures or objects placed within the Encroachment shall be easily removable in
case the Town or a utility company requires access to the Encroachment and the
structures or objects need to be temporarily removed. The Applicant shall not obstruct
the Town or utility companies’ access to utilities or infrastructure in the Encroachment,
including but not limited to, hydro vaults, storm sewers and trench drains.
20. A request for an extension beyond the November 1, 2021 program end date must be
received and processed by the town prior to continuing the operation of the altered area.
An extension may be granted to December 31, 2021, in the Town’s sole discretion. Any
___________________________________________________________________________________
2021 Commercial Recovery Initiative Encroachment Permit
Terms of Use of Encroachment Commitment 5extensions will require the Applicant to acknowledge and abide by the Town’s Winter
Patios Guidelines.
Signature of Applicant ________________________________________________________
Name (printed) _____________________________________ Date___________________
I have the authority to bind the corporation: Business name and address:
Signature of Property Owner __________________________________________________
Name (printed) _____________________________________ Date___________________
I have the authority to bind the corporation: Name and address of Property owner
Approved by ________________________________________ Date __________________
Audrey Basham
Road Corridor Technologist, Engineering & Construction
Town of Oakville
___________________________________________________________________________________
2021 Commercial Recovery Initiative Encroachment Permit
Terms of Use of Encroachment Commitment 6Schedule “A”
Limits of Encroachment
___________________________________________________________________________________
2021 Commercial Recovery Initiative Encroachment Permit
Terms of Use of Encroachment Commitment 7You can also read
