Loading...
HomeMy WebLinkAboutCS 15-16 C4 off' Report to PICKE R I N G Executive Committee Report Number: CS 15-16 Date: November 14, 2016 From: Marisa Carpino Director, Community Services Subject: Diana, Princess of Wales Park - Licence Renewal Agreement - File: A-1440 Recommendation: 1. That the Mayor and City Clerk be authorized to execute a license renewal agreement with the Minister of Infrastructure — Hydro One Networks Inc. for a further 5 year term, commencing January 1, 2017, and ending on December 31, 2021 that is in a form satisfactory to the Director, Corporate Services & City Solicitor. 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: The City of Pickering entered into a licence agreement with the Minister of Infrastructure — Hydro One Networks Inc. on January 1, 2012 respecting the property located in part of Lot 19 & 20, Concession 1, also known as Diana, Princess of Wales Park. The Minister of Infrastructure — Hydro One Networks Inc. is in agreement to extend the licence agreement for a period of five years, commencing on January 1, 2017 and ending on December 31, 2021. Financial Implications: Under the existing agreement the City is responsible for the full cost of maintenance on the lands used for recreational purposes, and for paying the taxes or other similar charges levied against the lands. Discussion: The City of Pickering entered into the most recent licence agreement with the Minister of Infrastructure— Hydro One Networks Inc. on January 1, 2012 respecting the property located in part of Lot 19 & 20, Concession 1, also known as Diana, Princess of Wales Park. The park is located within the hydro corridor adjacent to the Pickering Recreation Complex, and runs from Kingston Road at the north limit to Pickering Parkway at the south limit, as illustrated on the location map (Attachment 2). In order for the City of Pickering to continue providing recreational services on the land, a further licence renewal agreement in a form satisfactory to the Director, Corporate Services & City Solicitor, is required. ENG 25-16 November 14, 2016 Subject: Diana, Princess of Wales Park— Licence Renewal Agreement Page 2 The Director, Community Services recommends that a licence renewal agreement for a five year term (January 1, 2017 to December 31, 2021) be entered into, and that the Council of the City of Pickering authorize the Mayor and City Clerk to execute the agreement in its final form. Attachments: 1. Draft Licence Renewal Agreement 2. Location Map Prepared By: Approved/Endorsed By: Ri and Hol`orn Marisa Car no• erector, Engineering Services Director, Community Services RH:mjh Recommended for the consideration of Pickering City Council 04342016 Tony Prevedel, P.Eng. Chief Administrative Officer CORP0227-07/01 revised HYDRO CORRIDOR Licence Renewal(rec.)August,2016 LICENCE RENEWAL AGREEMENT—(RECREATIONAL) BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by THE MINISTER OF INFRASTRUCTURE (hereinafter called the "Licensor") -and- CITY OF PICKERING (hereinafter calle ..the "Licensee") WHEREAS: �\ A. Ontario Infrastructure and Lands Corporation acting as agent on behalf of Her Majesty the Queen in right of Ontario as represents l oy The Minister of Infrastructure entered into a Licence Agreement with,theLicensee,dated February 14th,2012(the"Licence Agreement"),.regarding certain lands located in the City of Pickering in the Regional Municipality of,Durham, dese ibed as Part of Lots 19,8-c 20, Concession 1;in the Town of Pickering, oc mprising an area of approximately 28.92 acres,.(the-"Lice ce Lands")forr public recreational purposes only; B. The Mifiisster fInfrasttucture is responsible for real property pursuant to the Ministry of Infra�str�urn Act, S'S.O. 201�1(c.9, Sched 27; C. Ontario.`frastructuree and L_ands-`Corporation confirms that it is the designated agent of the Minister of Infrastructure with authority to act in respect of the Licence Agreement. Yfr . IN CONSIDERATION oft e mutual covenants hereinafter set forth and the sum of five dollars ($5.00)paid bythe'Licensee o,the Licensor,the receipt whereof is hereby acknowledged, and other good and valuable cylderation,the Licensor and the Licensee agree as follows: 1. The Licence Agreement is hereby renewed,subject to the terms set out below. 2. "Licensor"shall mean Ontario Infrastructure and Lands Corporation acting as agent on behalf of Her Majesty the Queen in right of Ontario as represented by the Minister of Infrastructure. 3. The Term of the Licence Agreement shall be five(5)years, commencing on the 1st day of January,2017. HONI File#:Pickering T 632.1-537 2 4. The Licensee shall pay to the Licensor an amount equal to fifty percent (50%) of the annual realty taxes or grants and/or payments in lieu thereof payable with respect to the Licence Lands, as owned by the Licensor and used by the Licensee pursuant to the Licence Agreement for the purposes stated herein. 5. The Licensor's address for service of notice pursuant to the notice section of the Licence Agreement and other related particulars are amended as follows: Ontario Infrastructure and Lands Corporation Sales and Acquisitions 1 Dundas Street West, Suite 2000 Toronto, Ontario _ M5G 2L5 • Attention:Patrick Grace-Director,Corridor Land Telephone: (416)327-2959 Telecopier: (416)327-3942 • 4e\C\s 6. All terms which are defined in the Licence.Ag eeement-shall have th same meaning when used in this Licence Renewal al Agreemenbbun they are amended herein. 7. Except as they may be amend�drby.this Licence Renewal Agreement, all of the terms • and conditions of the Licence Agreementshall apply tohthe'renewed Term and shall be binding upon and enure to the benefit-Of-the-licensor and),the Licensee. i(C) HONI File#:Pickering T 632.1-537 3 i IN WITNESS WHEREOF the parties hereto have executed this Licence Renewal Agreement. Signed by the Licensee at this day of 20_ CITY OF PICKERING Per: Name: Title: Per: ../( Name: Title: UWe have authority d the Corporation Signed by the Licensor at this days f 20_. \''''''''■._ \\ HER.MAJESTY THE QUEEN IN RIGHT OF ON as TARIO .represented by THE MINISTER OF INFRAST,,�,,UGTI�?RE,Yas represented by ONTARIO INFRASTRUCTURE.SAND LANDS CORPORATION Per: \\\)\-7 Nam Title: I'have authority to bind the Corporation. HONI File#:Pickering T 632.1-537 4 Schedule"A" • • HONI File: Pickering T 632.1-537 Tenant(s): City of Pickering Legal Description: Part of Lots 19 & 20, Concession 1, Regional Municipality of Durham, Town of Pickering Licensed Area: 28.92 acres Lands Owned by Her Majesty the Queen in the Right`of Ontario f jj Licensed Area - •—k-c• 1r44 +! kly . 1{`".. y ,,,1 ,f.,,.`v k,{ 4'10.14 k.1� "` v 44 tjF '-,r ",r�' * P". ., _ }}"" 3 y ri„+,�r ri Ttz(+,n �.' �` R° i v 'r"� i r, � '4�Y iS1 w� �.,w +�'� ,L ,3: ;_.. a.: `' k..; t. W#.°py4h,#. jr, fir .i:,- = .{ ,q," }y j {art +>d u-- *a 4.i't r. •.,: , 4, ,F` t,/04''''4' 0 , b` a � - ';° {,.,: > �. sly•4--t- '1,-*„�, f y� 5 K �r ,� A1;,d3`' , �• i .�. s:.a1a f ,,: �°' -•1, ,�, 7 �,. ..ffi5 'P M fi• S r / X ,' 3k r }ry? Vt. 1 K ? i, "., w +; e •,, .r . i. x x i* t. . 19 • 14'4- , - rte-- ' .mss . i 4 W.707.Atix,w,RI , �+1. • r -+k + •ry ^%4 y L.I. ti ss` 6.y 5 !' 1 r ~ ..' `-_+.r >f` + ,,4:.p. 1 c �M1 „„ . `r 4. it y ""1' �' 4,""�' ”" ' :i i �Mx : { ". t:451,. , ..1, '' .,..i,,r,1 .,_,;,, P . , ., i,,,g,";,,,,,,,i, 7, 41 1 ilk......1. ,v,"..,431.011,-.., . 1 k s } a; - �s z ;74 4 , mo , 5. � L:-- w x 4 \ f 1 �s� 4, mil " ..N ,t' � � a� �r� ,� 4 ‘ " ' j. 1 : r � '' r 1 1 X 5 ahy. iri { di,-;;;, ry r K xN ° z4 ti # 11,i I �y � � la 4 I „V. -44-4:. ?� •,,,i .' .L7 t + '" +E` #---i 4- fit' • �'� � v A�6 1 d !y1 i P f„i 4. LF xr x'''4''21, 'tA. t �. e•;; �^ ''''-t.'.';, -'" t" r. r ,,,,,,,,...„...,4,-,_. ,,r ,„..,y��,,}ilui� . ,,C ',4 x��.,f .'$ =sC+� 4,.i N ,' -,,..1.--,,,”, u� y.. ..=r,. "i y r � ...-T uj'8�', . ' '47.-3'.;-,7.1 .-..'.� 4 •" :I. '.0 � i�l y,54. .nu' M +qua HONI File#:Pickering T 632.1-537 . . • PiCKERiNG Community Services Department . Diana, Princess of Wales Park Location Map y/ * ROADI J = L.-- W \� r BRANDS CRT,,.-2-c' > V-:;::--5-1,}:22;-?-1 _ ,___ 11 7y)51 9 ".:--1 GETArr Subject r% -A JArea :;=� CIRCLE (..t ,,, _ � � .1:::- :-:'2,- - - DRErBEF �\ E'. fC C rJ�-vra%>j1 ' CGURT \\v✓ N DIEFENBNI\eR r;.---;.- yQFTLAND„::-_,„....,i... �- (>- T. C L �,� == � c� COURT i':i':r--- y w Q j- PF . > R\p\,3 F\GYE 4-0.\ o ' G\,\P .l 0 �\ \1 • •