PARK AND OPEN SPACE DEPARTMENT
PARK ACCESS PERMIT TERMS AND CONDITIONS
PERMIT #
PKA21-00000000
3
1. Licenses & Contractors: The Town of Oakville(the
“Town”) requires that contractors working on or
crossing Town property have a valid business license,
requiring proof of insurance/security clearances. The
applicant will be responsible for any offences or
damages caused by contractors working with or under
the applicant and for any reinstatement needed.
2. Work Commencement & Duration: Work is not to
commence on Town land until an approved Park
Access Permit is issued and the applicant has
provided 3 business days advanced notice of their
intention to access the parkland. A detailed schedule of
works may be requested. This permit term shall run
from the approved start date to the expiry date, unless
suspended, terminated or extended by the Town (the
“Term”). Requests for extension must be made by the
permit-holder 10 days prior to the expiry of permit. The
maximum length of term for the permit(subject to
approved renewal) is 8 months.
3. Reinstatement: The applicant shall only been titled
to access that portion of the park shown on the
attached sketch (the “Lands”) and agrees to reinstate
the Lands and amenities to a similar or better condition
than existed prior to the commencement of the Term.
Reinstatement must be completed prior to the end of
the Term, unless the Town agrees otherwise. All
disturbed greenspace, including open parkland,
boulevards, trail heads/edges shall be reinstated using
sod. Sod shall be watered to a depth of 2.5 cm, twice
weekly, for a minimum of three weeks after installation.
4. Town Site Inspections: Inspection of the Lands is
necessary to determine compliance with this permit
and the applicant authorizes and consents to such
inspection. Upon completion of reinstatement work, it
is the responsibility of the applicant to notify the Town
to arrange a final inspection.
5. Legal Observance: The applicant shall at all times
in connection with its use of the Lands comply with all
laws, directions, rules and regulations of all
governmental authorities having jurisdiction. This is
including but not limited to Halton Region and Town
By-Laws and policies/regulations.
6. Indemnity: The applicant shall indemnify and hold
harmless the Town from any losses, claims, damages
or costs incurred as a result of the use of the Lands by
the applicant, including without limiting the generality
of the foregoing, claims for environmental damage or
cleanup on the Lands or adjacent lands that is directly
or indirectly, in whole or in part, attributable to the use
of the Lands by the applicant. The applicant shall use
the Lands and bring its property onto the Lands at its
sole risk, and the Town shall not be liable for any loss,
injury or damage caused to persons using the Lands or
to any property brought onto the Lands.
7. Liability Insurance: The applicant shall maintain an
insurance policy, including comprehensive general
liability and property damage insurance coverage, in an
amount not less than five million dollars ($5,000,000) per
occurrence, which insurance shall name the Town as an
additional insured. A higher coverage amount may be
requested by the Town based on project scope and site.
The applicant shall provide evidence reasonably
satisfactory to the Town that such insurance coverage is
in force, and the policy shall require notification to the
Town in advance of any material adverse change or
cancellation of such policy.
8. Permit Suspension/Termination: The T
own reserves
the right to suspend or terminate the permit at any time
for any reason and shall not be liable for any loss of
whatsoever sort sustained by the applicant due directly
or indirectly, in whole or in part to such termination or
suspension. Notwithstanding an early termination or
suspension of the permit, the applicant shall remain fully
responsible for reinstatement of the Lands.
9. Damages: Any unforeseen damages to Town parkland
or Town assets must be reported directly to the Town
within 24 hours of discovery. The applicant is wholly
responsible for any damage to park
property/assets arising from this permit and shall
forthwith reinstate and rectify the deficiencies. If the
applicant fails to reinstate the Lands within the timeline
detailed by the Town, the Town may reinstate the Lands
and the applicant shall reimburse the Town the total cost
of repairs and supervision incurred to reinstate the park
to its original condition. This amount may be over and
above the retained security. Damages that pose a
potential risk or harm to the public must be reported
immediately and mitigated on-site.
10. Utility Locates: At the permit holder’s expense,
public and private utility locates must be completed prior
to any ground disturbances. Direct written approval is
required when working in the vicinity of a pipeline or on
HydroOne lands. The applicant shall submit a utility
locate with OntarioOneCall or contact TransCanada,
Enbridge, or Trans-Northern directly obtain clearances.