HomeMy WebLinkAboutApril 3, 2018Cty 0f
DICKERING
Executive Committee Agenda
Tuesday, April 3, 2018
Council Chambers
2:00 pm
Chair: Councillor Pickles
Anything highlighted denotes an attachment or link. By clicking
the links on the agenda page, you can jump directly to that
section of the agenda. To manoeuver back to the agenda page
use the Ctrl + Home keys simultaneously, or use the "bookmark"
icon to the left of your screen to navigate from one report to the
next.
For information related to accessibility requirements please contact:
Linda Roberts
905.420.4660 extension 2928
Iroberts@pickering.ca
•Cts �f
DICKERING
Executive Committee
Meeting Agenda
Tuesday, April 3, 2018
Council Chambers - 2:00 pm
Chair: Councillor Pickles
(1) Disclosure of Interest
(II) Delegations
(III) Matters for Consideration
Pages
1. Director, Corporate Services & City Solicitor, Report CLK 01-18 1-6
2018 Municipal Election Compliance Audit Committee
-Terms of Reference
Recommendation
1. That the draft Terms of Reference for the 2018 Municipal Election
Compliance Audit Committee (the "Terms of Reference") included as
Attachment 1 to this Report be approved in accordance with the Municipal
Elections Act;
2. That, in accordance with the Terms of Reference, the City Clerk be
delegated the authority to recruit and appoint a roster of individuals eligible
to serve on the 2018 Municipal Election Compliance Audit Committee and
to appoint three (3) members from the roster to serve as the 2018
Municipal Election Compliance Audit Committee for the City of Pickering if
and when an application for a compliance audit is received; and
3. That Council approve the remuneration of the 2018 Municipal Election
Compliance Audit Committee members as outlined in the draft Terms of
Reference.
2. (Acting) Director, Community Services, Report CS 22-18
Beach Volleyball Court Licence Agreement
-Ontario Volleyball Association
Recommendation
7-16
For information related to accessibility requirements please contact:
Linda Roberts
905.420.4660 extension 2928
IrobertsCa�pickering.ca
cdp of
DICKERING
Executive Committee
Meeting Agenda
Tuesday, April 3, 2018
Council Chambers - 2:00 pm
Chair: Councillor Pickles
1 That the Mayor and City Clerk be authorized to execute the Licence
Agreement set out in Attachment 1 of this Report to which Ontario
Volleyball Association will be permitted to operate beach volleyball
programs in Diana, Princess of Wales Park for a 5 year term beginning
May 1, 2018 and ending September 30, 2022, subject to minor revisions
acceptable to the Director, Community Services and the Director,
Corporate Services & City Solicitor.
That the appropriate City officials be authorized to take the necessary
actions as indicated in this report.
3. Director, Engineering Services, Report ENG 04-18
Asphalt Resurfacing on Various City Streets
-Tender No. T-4-2018
Recommendation
17-34
1. That Tender No. T-4-2018 for Asphalt Resurfacing on Various City Streets
as submitted by Four Seasons Site Development Ltd. in the total tendered
amount of $1,222,267.89 (HST included) be accepted;
That the total gross project cost of $1,591,837.00 (HST included),
including the tendered amount, a contingency, other associated costs, and
an amount of $180,000.00 (net of HST rebate) for the resurfacing of
Brookshire Square in accordance with Recommendation 2(h) of Report
FIN 03-18 regarding the 2018 Current and Capital Budget and the total net
project cost of $1,433,499.00 (net of HST rebate) be approved;
3. That Council authorize the Director, Finance & Treasurer to finance the
total net project cost as approved in the 2018 Roads Projects Capital
Budget in the amount of $1,433,499.00 by a transfer from the Federal Gas
Tax Reserve Fund; and
That the appropriate officials of the City of Pickering be authorized to take
the necessary actions as indicated in this report.
4. Director, Corporate Services & City Solicitor, Report LEG 04-18 35-55
Avis Property Public Parking Lot
-Lease Agreement
DICKERING
Executive Committee
Meeting Agenda
Tuesday, April 3, 2018
Council Chambers - 2:00 pm
Chair: Councillor Pickles
Recommendation
1. That the lease by the City of approximately 1.44 acres of land at 640
Liverpool Road for use as a public parking lot be approved;
2. That the Mayor and the City Clerk be authorized to execute the Lease
Agreement included as Attachment 1 to this Report, subject to minor
revisions agreeable to the Director, Corporate Services & City Solicitor;
3. That City staff be directed to perform clean-up and grading work on the
site, at a cost of not more than $6,000, for the purpose of making the site
suitable for use as a public parking lot; and
4. That the appropriate City of Pickering officials be authorized to take the
necessary actions as indicated in this Report.
5. Director, City Development & CBO, Report. PLN 08-18
Driveway Widening
Permeable Pavements
Recommendation
56-65
1. That Report PLN 08-18 regarding driveway widening be received;
2. That Council direct staff to proceed with the following actions:
(a) prepare a brochure promoting the use of permeable pavement;
(b) communicate the benefits of permeable pavement through the City's
website, community page ad, eNewsletters, telephone on -hold
messaging, media release, social media, and at sustainability events;
(c) revise the City of Pickering Driveway Entrance Application to include
driveway widening;
(d) revise the 2018 User Fee Schedule to reflect the $100.00 permit fee to
widen a driveway;
(e) incorporate appropriate maximum driveway width provisions in the
Comprehensive Zoning By-law Update Study;
(f) investigate opportunities to use permeable pavement for parking
areas, sidewalks, multi -use paths and trails when constructing or
upgrading City facilities subject to site specific conditions; and
3. That the appropriate City of Pickering staff be authorized to take the
necessary actions as indicated in this Report.
ctp of
DICKERING
Executive Committee
Meeting Agenda
Tuesday, April 3, 2018
Council Chambers - 2:00 pm
Chair: Councillor Pickles
(IV) Other Business
(V) Adjournment
Cts
DICKERING
Report to
Executive Committee
Report Number: CLK 01-18
Date: April 3, 2018
From: Paul Bigioni
Director, Corporate Services & City Solicitor
Subject: 2018 Municipal Election Compliance Audit Committee
- Terms of Reference
- File: A-2000
Recommendation:
1. That the draft Terms of Reference for the 2018 Municipal Election Compliance Audit
Committee (the "Terms of Reference") included as Attachment 1 to this Report be approved
in accordance with the Municipal Elections Act;
2. That, in accordance with the Terms of Reference, the City Clerk be delegated the authority
to recruit and appoint a roster of individuals eligible to serve on the 2018 Municipal Election
Compliance Audit Committee and to appoint three (3) members from the roster to serve as
the 2018 Municipal Election Compliance Audit Committee for the City of Pickering if and
when an application for a compliance audit is received; and
That Council approve the remuneration of the 2018 Municipal Election Compliance Audit
Committee members as outlined in the draft Terms of Reference.
Executive Summary: The purpose of this report is to seek approval of the Terms of
Reference in accordance with the Municipal Elections Act, to establish a Municipal Election
Compliance Audit Committee for the 2018 Municipal Elections and to provide information
regarding the joint Committee to be established by certain local municipalities and a school board.
Financial Implications: The Terms of Reference propose that a retainer fee of $400.00 for
each individual on the roster be approved. The cost of retainer fees would be shared equally
among Pickering, Oshawa, Whitby, Region of Durham, and Durham District School Board (the
"participating bodies"). The retainer covers attendance at a mandatory training session and
review of periodic updates or information supplied by the City Clerk.
In addition to the retainer fee, a per diem rate of $350.00 plus mileage would be paid by the City of
Pickering to each of the three (3) members appointed by it, for their attendance at a hearing at any
time that an application for a compliance audit is received.
In the event of any application for a compliance audit in Pickering, the City would also be required
to pay any auditor's costs and the costs, if any, of any external legal counsel for the Committee, in
accordance with the provisions of the Municipal Elections Act.
1
CLK 01-18 April 3, 2018
Subject: 2018 Municipal Election Compliance Audit Committee
- Terms of Reference Page 2
Discussion: The Municipal Elections Act requires that a Municipal Election
Compliance Audit Committee must be appointed for each election term. Traditionally, each
municipality in Durham Region, including the Region itself and the School Boards, have
established their own individual Compliance Audit Committees. This has often resulted in the
same individuals being appointed to multiple Compliance Audit Committees throughout Durham
Region and beyond, which has resulted in the payment of multiple retainer fees and per diem
rates to the same individual by multiple municipalities.
For the 2018 Election term, staff at Durham Region municipalities have considered the idea of
collaborating on a joint municipal Compliance Audit Committee, similar to York Region, Halton
Region, Muskoka and Niagara. After meeting to discuss the merits, the northern municipalities
(Uxbridge, Brock and Scugog) decided to join together and share one compliance audit
committee. The municipalities of Pickering, Oshawa, Whitby, the Region of Durham and the
Durham District School Board (the "participating bodies") have joined together and propose to
share one Compliance Audit Committee. The Town of Ajax and Municipality of Clarington will
appoint their own committees.
The decision to share a committee was based on the benefits and efficiencies that would be
realized by sharing the costs of solicitation, recruitment, training and retainer fees. With these
costs being shared by the participating bodies, it has become possible to increase the retainer fee
to attract more skilled members. Additionally, the collaboration will allow for the pooling of
resources to advertise across various mediums that will attract candidates with the skills required
to effectively serve on Compliance Audit Committees.
The draft Terms of Reference propose a roster of qualified individuals from which Compliance
Audit Committees will be struck at the time any application for a compliance audit is received. The
number of individuals on the roster will be dependent on the number of applications received and
will ideally be no fewer than nine and no more than twelve. The clerk or secretary of each
participating body will have the authority to select members from the roster to serve on their
respective Compliance Audit Committees. The Compliance Audit Committees will have the ability
to act simultaneously for multiple municipalities. This will assist in meeting the tight timeframes
under the Municipal Elections Act.
All individuals interested in applying for Compliance Audit Committee membership will be required
to complete an application and may be subject to screening and an interview. Successful
candidates will be selected by the clerks and secretary of the participating bodies.
The draft Terms of Reference have been agreed to by staff of the participating bodies.
Advertisements have been placed on their websites, in Community Pages, Ontario Reports,
SOAR and CPA for recruitment of applicants. Additional information about the recruitment of
applicants and the Policies and Procedures for the 2018 Election Compliance Audit Committee
will be posted on Pickering's website when completed.
CORP0227-07/01 revised
2
CLK 01-18 April 3, 2018
Subject: 2018 Municipal Election Compliance Audit Committee
- Terms of Reference Page 3
Attachments:
1. 2018 Municipal Election Compliance Audit Committee — Terms of Reference
Prepared By:
Debbie Shields
City Clerk
DS
Ap •. -•ved/Endorsed By:
• Paul
Direc
Recommended for the consideration
of Pickering City Council
Tony Prevedel, P.Eng.
Chief Administrative Officer
CORP0227-07/01 revised
orate Services & City Solicitor
3
2018 Municipal Election
Compliance Audit Committee
Terms of Reference
Name:
The name of the Committee is the "2018 Municipal Election Compliance Audit
Committee" ("the Committee").
Definitions:
Clerk means the Clerk of the City of Pickering appointed in accordance with Section
228 of the Municipal Act, 2001.
Participating Bodies means the City of Oshawa, City of Pickering, Town of Whitby
Durham District School Board and Regional Municipality of Durham.
Mandate:
The Committee is established pursuant to the requirements of section 88.37 of the
Municipal Elections Act, 1996, S.O., 1996, c. 32, as amended ("the Act") for the City of
Pickering.
The powers and functions of the Committee are set out in Section 88.33 to 88.37 of the
Act.
Term of Committee:
The term of appointment for the Committee shall be for four (4) years, commencing on
December 1, 2018 and concluding on November 14, 2022, or until such time the
applicable Committee has disposed of any remaining matters in accordance with the
Act.
Composition:
When a compliance audit application from an elector or a report from the Clerk where a
candidate or registered third party has contravened any of the contribution limits under
section 88.9 of the Act is received, the Committee comprised of three (3) members shall
meet and consider the application and/or report in accordance with the Act.
Members forming the Committee shall be selected by the Clerk from a roster of qualified
individuals, who have been jointly recruited by the clerks and secretaries of the
Participating Bodies.
4
The following persons are ineligible for appointment:
• Employees or officers of any lower -tier municipality in the Region of Durham, of
the Regional Municipality of Durham, or of a School Board having jurisdiction in
the Region of Durham;
• A member of council or of a local board of any lower -tier municipality in the
Region of Durham, the Regional Municipality of Durham, or a School Board
having jurisdiction in the Region of Durham
• Any persons who are candidates in an election of any lower -tier municipality in
the Region of Durham, the Regional Municipality of Durham, or a School Board
having jurisdiction in the Region of Durham; or
• Any persons who are registered third parties in the election of any lower -tier
municipality in the Region of Durham, the Regional Municipality of Durham, or a
School Board having jurisdiction in the Region of Durham.
All Committee Members must agree in writing that they will not work or volunteer for, or
contribute to, any candidate or registered third party in any capacity in an election of a
lower -tier municipality in the Region of Durham, the Regional Municipality of Durham, or
a School Board having jurisdiction in the Region of Durham.
If upon being made aware that a Member or individual on the roster has participated or
contributed to a campaign or registered third party, the Clerk shall remove the individual
from the roster or rescind the Member's appointment to the Committee.
Conduct of Members:
Members of the Committee shall comply and conduct themselves in accordance with
the City's by-laws, policies and any other applicable legislation.
Members shall not use their position on the Committee for any personal or political gain.
Remuneration:
Remuneration will be as follows:
• $400.00 retainer fee (costs will be shared equally by the Participating Bodies) for
those individuals on the roster. The retainer shall cover attendance at a
mandatory training session and review of periodic updates or information
supplied by the Clerk or Secretary of a Participating Body. Payment of the
retainer does not denote membership on a Compliance Audit Committee and
covers the four (4) year term; and,
• $350.00 per meeting, plus mileage in accordance with the rate normally paid to
employees of the City of Pickering. The per meeting rate shall cover review of
background or agenda materials as required in preparation for a meeting.
5
Membership Selection:
At a minimum, the recruitment of persons to be included on the roster of individuals
shall be advertised in a local newspaper having general circulation and on the websites
of the Participating Bodies. Other recruitment measures may be initiated by the Clerks
and Secretary of the Participating Bodies.
All applicants will be required to complete an application and may be subject to further
screening and an interview. The selection process will be determined by the Clerks and
Secretary of the Participating Bodies.
Applicants must have the ability to understand and apply the election campaign finance
provisions of the Act and must remain impartial in order to fulfill their responsibilities.
Preference will be given to candidates that have applicable experience related to
compliance audit activities, accounting, law, investigative or adjudicative processes,
municipal administration and/or academics. In addition, experience serving on a
corporate board, committee or adjudicative body; and demonstrated communication,
analytical and decision-making skills is desirable.
Meetings:
Meetings will occur as needed and shall be conducted in accordance with the
Compliance Audit Committee Rules of Procedure established by the Clerk.
Chair:
At the first meeting of a Compliance Audit Committee, the members shall appoint one
member to act as Chair for the duration of the Committee's term.
Role of Clerk, Secretary:
The Clerk will act as the main contact between the Committee, compliance audit
applicant, candidate and registered third party. In accordance with section 88.37 (6) of
the Act, the Clerk shall carry out any duties required under the Act to implement the
Committee's decisions.
6
Ciy
DICKERING
Report to
Executive Committee
Report Number: CS 22-18
Date: April 3, 2018
From: Brian Duffield
(Acting) Director, Community Services
Subject: Beach Volleyball Court Licence Agreement
- Ontario Volleyball Association
- File: A-1440-001
Recommendation:
1. That the Mayor and City Clerk be authorized to execute the Licence Agreement set out in
Attachment 1 of this Report to which Ontario Volleyball Association will be permitted to
operate beach volleyball programs in Diana, Princess of Wales Park for a 5 year term
beginning May 1, 2018 and ending September 30, 2022, subject to minor revisions
acceptable to the Director, Community Services and the Director, Corporate Services & City
Solicitor.
That the appropriate City officials be authorized to take the necessary actions as indicated in
this report.
Executive Summary: Solstice Sport Inc. operates Beach Volleyball programs on five outdoor
volleyball courts located in Diana, Princess of Wales Park. The existing licence agreement
between Solstice Sport Inc. and the City of Pickering is for a 5 year term beginning May 1, 2017
and ending September 30, 2021 (5 months per term for a total of 25 months).
At this time, Solstice Sport Inc. is seeking to terminate their licence agreement to enable the City
of Pickering to enter into a new 5 year licence agreement with Ontario Volleyball Association to
provide beach volleyball programs in Diana, Princess of Wales Park.
Under the terms of the licence agreement, Ontario Volleyball Association will be responsible to
develop youth and adult beach volleyball programs and to operate them from 8 am to 10 pm,
Monday to Sunday from May 1St to September 30th each year. Ontario Volleyball Association is
also responsible to ensure that the courts are kept in a clean and tidy condition and to perform any
necessary repairs that result from the use of the beach volleyball courts.
The Community Services Department recommends that the licence agreement set out in
Attachment 1 be initiated with Ontario Volleyball Association to operate beach volleyball programs
for the period May 1, 2018 to September 30, 2022.
7
CS 22-18 April 3, 2018
Subject: Beach Volleyball Court Licence Agreement Page 2
Financial Implications: The revenue to be generated from Ontario Volleyball Association will
be the following:
$3,500 (plus HST) in 5 equal monthly installments of $700 (plus HST) in Year 1 of the
agreement (May 2018 to September 2018).
ii. $3,750 (plus HST) in 5 equal monthly installments of $750 (plus HST) in Year 2 of the
agreement (May 2019 to September 2019).
iii. $4,000 (plus HST) in 5 equal monthly installments of $800 (plus HST) in Year 3 of the
agreement (May 2020.to. September 2020).
iv. $4,250 (plus HST) in 5 equal monthly installments of $850 (plus HST) in Year 4 of the
agreement (May 2021 to September 2021).
v. $4,500 (plus HST) in 5 equal monthly installments of $900 (plus HST) in Year 5 of the
agreement (May 2022 to September 2022).
Discussion: Ontario Volleyball Association is seeking to enter into a licence agreement with
the City of Pickering to operate beach volleyball programs on the five outdoor volleyball courts
located in Diana, Princess of Wales Park. The existing licence agreement with Solstice Sport Inc.
for a 5 year term from May 1, 2017 to September 30, 2021 (5 months per term for a total of 25
months) will be terminated by mutual consent of the City of Pickering and Solstice Sport Inc. The
Ontario Volleyball Association will enter into an new licence agreement to operate the beach
volleyball programs fora 5 year term beginning May 1, 2018 and ending September 30, 2022.
The beach volleyball courts at Diana Park meet the demand for beach volleyball within the City of
Pickering. Ontario Volleyball Association offers residents an opportunity to participate in
organized leagues, tournaments, clinics and camps in a manner that is satisfactory to the City of
Pickering.
The Ontario Volleyball Association is the provincial governing body for both indoor and outdoor
play, including beach volleyball. The Ontario Volleyball Association was ranked as Ontario's top
provincial sports organization by the Ministry of Tourism, Culture & Sport in 2017. In 2016, the
Ontario Volleyball Association launched its five year strategic plan with the intent of seeing
volleyball become a sport of choice in Canada. In the past year it has driven social media
presence up by 16% and unique membership up by 7%. The Ontario Volleyball Association
facilitates opportunities from grassroots development through youth competitions, all the way up to
international events that keep players competitive and stimulates growth, making the association
the ideal partner for the City of Pickering and the best choice for the residents of our City.
The beach volleyball programs and leagues offered by Ontario Volleyball Association are
complimentary to the City's summer sports program schedule. They offer our residents the
opportunity to play volleyball in an outdoor setting (beyond the existing fall, winter and spring
registered indoor volleyball programs provided by the Community Services Department).
8
CS 22-18 April 3, 2018
Subject: Beach Volleyball Court Licence Agreement Page 3
The Director, Community Services recommends that the revised licence agreement set out in
Attachment 1 be initiated for a 5 year term beginning May 1, 2018 and ending September 30,
2022.
Attachment:
1. Draft Licence Agreement for Ontario Volleyball Association (May 1, 2018 to September 30,
2022)
Prepared/Approved/Endorsed By:
Maris)f1/ rp o
Director, Community Services
BD:nm
Recommended for the consideration
of Pickering City Council
Tony Prevedel, P.Eng.
Chief Administrative Officer
az. WiW/e
9
ATTACHMENT #,_TO REPORT #L5-1 (-2 ® 1 Q
THIS LICENCE AGREEMENT made pursuant, to the provisions of Section 110 of the
Municipal Act, 2001, chapter 25 as of the 1st day of May 2018
BETWEEN:
ONTARIO VOLLEYBALL ASSOCIATION
(hereinafter called the "Club")
OF THE FIRST PART
and
THE CORPORATION OF THE CITY OF PICKERING
(hereinafter called the "City")
OF THE SECOND PART
WHEREAS the City is the Owner of Diana, Princess of Wales Park, located at 1550
Diefenbaker Court, Pickering,
AND WHEREAS the Club is incorporated pursuant to the laws of the Province of
Ontario,
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the
mutual covenants and agreements contained herein, the parties hereto agree as
follows:
1. The parties hereto acknowledge and confirm that the recitals contained herein
are true in substance and in fact.
2. In this Agreement, the term,
(a) "Department" means the City's Community Services Department; and
(b) "Park" means that portion of Diana Princess of Wales Park as set out by
hatched lines on the sketch attached hereto and marked as Schedule "A" to
this agreement.
The City grants to the Club the exclusive use of the Park for beach volleyball
during the months of May 1st to September 30th both inclusive for the period
beginning May 1, 2018 and ending September 30, 2022.
4. The Club, its servants, contractors, subcontractors, agents and employees, shall
comply strictly with all applicable statutes, laws, by-laws, orders, rules,
regulations and policies now or hereinafter in force governing the operation of the
10
Park and the conduct of the businesses of the Club and of the City, including but
not limited to all applicable health and safety regulations governing the conduct
and operation of the Park.
5. The Club shall,
(a) be responsible for all costs related to or arising from the five (5) beach
volleyball courts;
(b) be responsible for all construction, maintenance, repair and operation
costs for all five (5) beach volleyball courts throughout the term of this
Agreement;
(c) . deposit with the City, by April 1st of each Term, a certificate of insurance
verifying that a general liability insurance policy that includes non -owned
auto coverage in the amount of at least $2,000,000 is in place in respect of
injury to or death of one or more persons, or of damage to property, in a
form satisfactory to the City. The City must be added as an Additional
Insured to the general liability insurance policy;
(d) obtain consent from the City for its subcontractors and ensure that each of
its contractors and subcontractors complies with the insurance
requirements set out in this Agreement by obtaining similar types of
insurance and providing the Club with any policy of insurance or certificate
thereof. No subcontract entered into by the Club shall impose any
obligation or liability upon the City;
(e) indemnify the City from and against any and all costs, claims, liabilities
expenses, damages or injuries, including but not limited to any personal
injury, loss of life or damage to property occurring at any time in or on the
Park, however such loss, damage or injury may occur;
(f) keep the beach volleyball courts in good repair and safe conditions and to
maintain the courts and all lands comprising the Park at a high level of
cleanliness and safety;
(g) ensure that it uses the beach volleyball courts only during the operating
hours of 8:00 am to 10:00 pm, Monday through Sunday, in each calendar
year throughout the Term;
(h) refrain from serving alcohol or allowing the consumption of alcohol within
or around the Park unless the required liquor license/permit necessary to
permit the sale of alcohol for special occasions has been obtained by the
Club;
2
11
(i)
supply electrical power to the beach volleyball courts if required, at its own
expense, provided that in doing so it shall not interfere with any use of any
part of Diana, Princess of Wales Park (other than the Park);
(j) obtain the approval of the City's Director, Community Services before
altering, adding to or varying in any way all or any part of the Park;
(k) not advertise or place signage of any kind on the outside of the beach
volleyball courts, or on the fencing surrounding the courts, without the prior
approval of the City;
(1)
(m)
refrain from interfering with the enjoyment of Diana, Princess of Wales
Park by any member of the public;
indemnify the City from and against any and all costs arising directly or
indirectly from or associated with the Club's operation including the use of
the Park by the Club;
(n) permit the City, its servants, agents and employees, to have access to the
Park at any time during the Term, whether or not the Club is operating, for
the purpose of conducting inspections of the courts;
(o) leave the Park in a neat, tidy and clean condition at the end of the Term,
and immediately repair or replace any damage to the Park resulting from
the placement or use of the beach volleyball courts;
(p)
be responsible for the development of and be the official organizer for
adult and youth beach volleyball programs in which the Club will have
exclusive rights to these programs;
(q) be responsible, at its own expense, for all marketing of the said programs;
(r) monitor and control revenues for adult and youth registrations;
(s) operate the said programs between May 1 and September 30 in each year
of the Term; and
(t) provide the City with a list of all the said programs.
6. The Operator shall pay license fees to the City the sum of the following:
(a) $3,500 (plus HST) in equal monthly installments of $700 (plus HST) on the
first day of the month for the first term (May 2018 to September 2018);
(b) $3,750 (plus HST) in equal monthly installments of $750 (plus HST) on the
first day of the month for the second term (May 2019 to September 2019);
3
12
(c) $4,000 (plus HST) in equal monthly installments of $800 (plus HST) on the
first day of the month for the third term (May 2020 to September 2020); and,
(d) $4,250 (plus HST) in equal monthly installments of $850 (plus HST) on the
first day of the month for the fourth term (May 2021 to September 2021).
(e) $4,500 (plus HST) in equal monthly installments of $900 (plus HST) on the
first day of the month for the fifth term (May 2022 to September 2022).
7 The City shall not be liable to the Club for any loss of or damage to the beach
volleyball courts, the Club's equipment, supplies or products, whether caused by
fire, theft, burglary or otherwise.
All property of the Club or members of the public at any time in the Park shall be
at the sole risk of the Club (or members of the public, as the case may be
provided that such member of the public has voluntarily assumed such risk which
transfer or risk shall be the responsibility of the Club) and the City shall not be
liable for any loss or damage thereto however occurring and the Club releases
the City from all claims and demands in respect of any such loss or damage.
The Club shall assume all liability and obligation for any and all loss, damage, or
injury, including death, to persons or property that happens as a result of or
arises out of the use and occupation of the Park by the Club or its members and
the Club shall at all times indemnify and save harmless the City from and against
all such loss, damage, or injury and all actions, suits, proceedings, costs,
charges, damages, expenses, claims or demands arising therefrom or connected
therewith.
10. (a) Notwithstanding the provisions of this Agreement, either party may.
terminate this Agreement without cause upon thirty (30) days prior written
notice to the other provided that the Club shall remain liable to the City for
any damages, costs, losses and expenses incurred by the City as a result
of any breach of this Agreement by the Club;
(b) Notice of early termination may be given by personal delivery or registered
mail,
(i) in the case of the Club, to Ontario Volleyball Association c/o Jo-
Anne Ljubicic, 111-60 Scarsdale Road, Toronto, Ontario, M3B 2R7.
(ii) in the case of the City, to The City Clerk, The Corporation of the
City of Pickering, Pickering Civic Complex, One The. Esplanade,
Pickering, ON L1V 6K7;
4
13
(c) Each party may re -designate the person or the address, or both, to whom
or to which such notice may be given by giving written notice to the other;
(d) Any notice given in accordance with this section shall be deemed to have
been given on the second day following the day of delivery or the day of
mailing, as the case may be.
11. The Club shall not assign or sub -licence all or any portion of this Licence
Agreement without the City's written consent, which consent may be arbitrarily
withheld. Notwithstanding any permitted assignment or sub -licence, the Club
shall remain liable for compliance with all the requirements of this Licence
Agreement, including the payment of fees (paragraph 6) and the indemnification
of the City (paragraph 9).
12. This Agreement shall enure to the benefit of and be binding upon the parties
hereto and their respective heirs, administrators, executors, successors and
assigns.
IN WITNESS WHEREOF the parties have each executed this Agreement and have
affixed their respective corporate seals as of the date first written above.
SIGNED, SEALED & DELIVERED
14
THE CORPORATION OF THE CITY OF PICKERING
Debbie Shields, City Clerk
David Ryan, Mayor
5
Ontario Volleyball Association
Jo -Anne Ljubicic, Executive Director
I have the authority to bind the corporation.
6
15
SCHEDULE "A"
r
gASKLL
COU
R. a
SR. PLAY
APH T
SIRE
HOCI
RECREATION
COIUPLE>;
PARKING
SKATEBOARD
PARK
DIANA,
PRINCESS OF
WALES PARK
BEAC
LLEYB
OURT
PICKERING
RECREATION
COMPLEX
RECREATION
COMPLEX
PARKING
SUBJECT
SITE
SOCCER
PITCH
(JR.)
SOCCER
PITCH
(JR.)
SOCCER
PITCH
(JR.)
ENGINEERING SERVICES
SCALE'
N.T.S
!1051E,
April 3, 2018
Attachment for Community Services
Department Report CS -22.18
Beach Volleyball Court Licence Agreement - Solstice Sport Inc.
PICKERING
CtG �f
DICKERING
Report to
Executive Committee
Report Number: ENG 04-18
Date: April 3, 2018
From: Richard Holborn
Director, Engineering Services
Subject: Asphalt Resurfacing on Various City Streets
- Tender No. T-4-2018
- File: A-1440
Recommendation:
1. That Tender No. T-4-201.8 for Asphalt Resurfacing on Various City Streets as submitted by
Four Seasons Site Development Ltd. in the total tendered amount of $1,222,267.89 (HST
included) be accepted;
2. That the total gross project cost of $1,591,837.00 (HST included), including the tendered
amount, a contingency, other associated costs, and an amount of $180,000.00 (net of HST
rebate) for the resurfacing of Brookshire Square in accordance with Recommendation 2(h) of
Report FIN 03-18 regarding the 2018 Current and Capital Budget and the total net project
cost of $1,433,499.00 (net of HST rebate) be approved;
3. That Council authorize the Director, Finance & Treasurer to finance the total net project cost
as approved in the 2018 Roads Projects Capital Budget in the amount of $1,433,499.00 by a
transfer from the Federal Gas Tax Reserve Fund; and
That the appropriate officials of the City of Pickering be authorized to take the necessary
actions as indicated in this_ report.
Executive Summary: As part of the
for the following locations were approved
• Browning Avenue
• Timmins Gardens & Boxworth Place
• Dixie Road
• Livingston Street
• Geta Circle
• Twyn Rivers Drive
• Miscellaneous — Asphalt Resurfacing
Avenue, Rougemount Drive)
2018 Roads Projects Capital Budget, asphalt resurfacing
as construction projects:
• Rougemount Drive (south)
• Sultana Square
• Bronwen Lane
• Patmore Lane
• Rosebank Road
(Sideline 4, Sideline 12, Strouds Lane, Sheppard
17
ENG 04-18 April 3, 2018
Subject: Asphalt Resurfacing on Various City Streets
Tender No. T-4-2018 Page 2
Tender No. T-4-2018 was issued on Friday, January 26, 2018 with a tender closing date of
Wednesday, February 14, 2018. Ten companies submitted a bid for this project. The low bid of
$1,222,267.89 (HST included) submitted by Four Seasons Site Development Ltd. is
recommended for approval. The total gross project cost is estimated at $1,591,837.00 (HST
included) with an estimated total net project cost of $1,433,499.00 (net of HST rebate).
As part of the approval of the 2018 Current and Capital Budget Report, Recommendation 2(h)
was approved, allocating an amount of $180,000.00 to be added to the 2018 Capital Budget for
the resurfacing of Brookshire Square to be funded from the Federal Gas Tax Reserve Fund due to
anticipated favourable tender results from the City's 2018 Asphalt Resurfacing program. This
amount has been added to the estimated project costing summary, and staff will investigate
procurement options.
Financial Implications:
1. Tender Amount
Tender No. T-4-2018
HST (13%)
Total
$1,081,653.00
140,614.89
$1,222,267.89
2. Estimated Project Costing Summary
Tender No. T-4-2018 — Tender for Asphalt Resurfacing on
Various City Streets
Associated Costs
Materials Testing
Federal Gas Tax Sponsor Sign
Construction Contingency (10% )
Allowance for Brookshire Square
Sub Total - Costs
HST (13%)
Total Gross Project Costs
HST Rebate (11.24%)
Total Net Project Costs
$1,081,653.00
40,000.00
2,000.00
108,165.00
176,887.00
$1,408,705.00
183,132.00
$1,591,837.00
($158,338.00)
$1,433,499.00
CORP0227-07/01 revised
18
ENG 04-18
Subject: Asphalt Resurfacing on Various City Streets
Tender No. T-4-2018
April 3, 2018
Page 3
3. Approved Source of Funds
Location
Browning Avenue
Timmins Gardens &
Boxworth Place
Dixie Road
Livingston Street
Geta Circle
Twyn Rivers Drive
Rougemount Drive
(south)
Sultana Square
Bronwen Lane
Patmore Lane
Rosebank Road
Sideline 4
Sideline 12
Strouds Lane
Sheppard Avenue
Rougemount Drive
Brookshire Square
Expense Code Source of Funds
5320.1802.6251 Federal Gas Tax
5320.1809.6251 Federal Gas Tax
5320.816.6251
5320.1817.6251
5320.1818.6251
5320.1819.6251
5320.1820.6251
5320.1821.6251
5320.1822.6251
5320.1823.6251
5320.1824.6251
5320.1825.6251
5320.1825.6251
5320.1825.6251
5320.1825.6251
5320.1825.6251
5320.1810.6251
Federal Gas Tax
Federal Gas Tax
Federal Gas Tax
Federal Gas Tax
Federal Gas Tax
Federal Gas Tax
Federal Gas Tax
Federal Gas Tax
Federal Gas Tax
Federal Gas Tax
Federal Gas Tax
Federal Gas Tax
Federal Gas Tax
Federal Gas Tax
Federal Gas Tax
Budget Required
$30,000.00 $30,195.00
70,000.00 56,029.00
305,000.00
110,000.00
245,000.00
125,000.00
105,000.00
225,000.00
70,000.00
70,000.00
145,000.00
13,500.00
13,500.00
9,000.00
4,000.00
5,000.00
0.00
265,662.00
88,000.00
195,805.00
89,593.00
80,680.00
181,325.00
56,907.00
61,055.00
112,949.00
12,202.00
10,277.00
5,792.00
3,228.00
3,800.00
180,000.00
$1,545,000.00 $1,433,499.00
Net project cost (over) under approved funds
$111,501.00
Overall, the 2018 Asphalt Resurfacing on Various City Streets program has an under expenditure
of $111,501.00 taking into account estimated costs for Brookshire Square which was added to the
2018 Capital Budget.
CORP0227-07/01 revised
19
ENG 04-18 April 3, 2018
Subject: Asphalt Resurfacing on Various City Streets
Tender No. T-4-2018 Page 4
Discussion: As part of the 2018 Capital Budget, asphalt resurfacing for the following
locations were approved as construction projects:
• Browning Avenue (Fairview Avenue to St. Martins Drive)
• Timmins Gardens & Boxworth Place
• Dixie Road (Rambleberry Avenue to Glenanna Road)
• Livingston Street (Wellington Street to Central Street and from 100m south of Wellington Street
to south terminus)
• Geta Circle
• Twyn Rivers Drive (Woodview Avenue to Ashwood Gate)
• Rougemount Drive South (Oakwood Drive to Rosebank Road)
• Sultana Square
• Bronwen Lane
• Patmore Lane
• Rosebank Road (Rougemount Drive to Rodd Avenue)
• Sideline 4 (15m north and south of CP tracks)
• Sideline 12 (15m north and south of CP tracks)
• Strouds Lane (area fronting house # 866 Strouds Lane)
• Sheppard Avenue (area approximately 20m west of house # 392 Sheppard Avenue)
• Rougemount Drive (area fronting house # 1406 Rougemount Drive)
Tender No. T-4-2018 was issued on Friday, January 26, 2018 and closed on Wednesday,
Febr-uary14, 2018 with ten bidders responding. The low bid submitted by Four Seasons Site
Development Ltd. is recommended for approval. The total gross project cost is estimated at
$1,591,837.00 (HST included), with an estimated total net project cost of $1,433,499.00 (net of
HST rebate).
References for Four Seasons Site Development Ltd., their Waste Management Plan and list of
sub -contractors have been reviewed and are deemed acceptable by the Manager, Capital
Projects & Infrastructure. The City's Health & Safety Policy form, and a current Clearance
Certificate issued by the Workplace Safety & Insurance Board submitted by Four Seasons Site
Development Ltd. have been reviewed and deemed acceptable. The Certificate of Insurance has
been reviewed by the Manager, Budgets & External Audit and is deemed acceptable. In
conjunction with staff's review of the contractor's previous work experience the tender is deemed
acceptable.
Upon careful examination of all tenders and relevant documents received, the Engineering
Services Department recommends acceptance of the low bid submitted by Four Seasons Site
Development Ltd., for Tender No. T-4-2018 in the amount of $1,222,267.89 (HST included), and
that the total net project cost of $1,433,499.00 (net of HST rebates) be approved.
The estimated project costing summary allocates an amount of $180,000.00 (net of HST rebates)
for the resurfacing of Brookshire Square from 180 metres south of Glenanna Road to the north leg
CORP0227-07/01 revised
20
ENG 04-18 April 3, 2018
Subject: Asphalt Resurfacing on Various City Streets
Tender No. T-4-2018 Page 5
of Gablehurst Crescent, as approved in Report FIN 03-18, Recommendation 2(h). Staff will
investigate procurement options to complete this work in 2018.
Attachments:
1. Supply & Services Memorandum dated February 20, 2018
2. Record of Tenders Opened and Checked
3. Location Maps
Prepared By:
6/-k Kevin C ill, CET, CRS
Senior,O ordinator Capital Projects
� p Projects
1.
Scott Booker
Manager, Capital Projects & Infrastructure
Ray Rodrig es
Manager, Supply & Services
KC:mjh
Approved/Endorsed By:
/ //
Ighard Hol orn
irector, Engineering Services
Ofi Stan Karwowski, MBA, CPA, CMA
Director, Finance & Treasurer
Recommended for the consideration
of Pickering City Council
Tony Prevedel, P.Eng.
Chief Administrative Officer
c2a6
CORP0227-07/01 revised
21
ATTACHMENT#_ TOREPORT#_°
of
6461
DICKERING
Memo
To: Richard Holborn February 20, 2018
Director, Engineering Services
From: • Ray Rodrigues
Manager, Supply & Services
Copy: Administrative Assistant (to the Director)
Subject: Tender No. T-4-2018
Tender for Asphalt Resurfacing on Various City Streets
Closing: Wednesday, February 14, 2018 — 2:OOpm
File: F-5400-001
Tender No. T-4-2018 was advertised on the City's website on January 26, 2018. Ten (10)
companies have submitted a bid for this project.
A copy of the Record of Tenders Opened and Checked used at the public tender opening is
attached. Tenders shall be irrevocable for 60 days after the official closing date and time.
Purchasing Procedure No. PUR 010-001, Item 13.03 (r) provides checking tendered unit prices
and extensions unit prices shall govern and extensions will be corrected accordingly, which has
been completed below.
The unsuccessful Bidder's tendering deposit, other than a bid bond, shall be returned to the
applicable bidders as provided for by Purchasing Procedure No. PUR 010-001, Item 13.03 (w).
Three (3) bids have been retained for review at this time and are attached.
22
ATTACH MENT# / TO REPORT# EN77 0(-1-
.2 of
'-1-.2or
Summary
Harmonized Sales Tax Included
Brdder
Total Tendered Arnounk
Affer CalculA i
Check
Four Seasons Site Development Ltd.
$ 1,222,267.89
$ , 1,222,267.89
Sanscon Construction Ltd.
$ 1,257,157.57
$ 1,257,157.57
C. Valley Paving Ltd.
$ 1,261,241.00
$ 1,261,241.00
Forest Contractors Ltd.
$ 1,335,353.77
$ 1,335,353.77
Ashland Paving Ltd.
$ 1,417,844.15
$ 1,417,844.15
D. Crupi & Sons Ltd.
$ 1,420,460.79
$ 1,420,460.79
Coco Paving Inc.
$ 1,638,948.35
$ 1,638,948.35
Automatic Rejection: Addendum #1 not acknowledged.
Reference: Purchasing Policy No. PUR 010, Item 23.02 —11,
Information to Bidders — Item 9, 12, 21, 23, 24, 25, 37, 38, 39,
Addendum #1 and Advertisement
Serve Construction Ltd.
Automatic Rejection: Addendum #1 not acknowledged.
Reference: Purchasing Policy No, PUR 010, Item 23.02 —11,
Information to Bidders — Item 9, 12, 21, 23, 24, 25, 37, 38, 39,
Addendum #1 and Advertisement
Furfari Paving Co. Ltd
Pursuant to Information to Bidders Item 29 and Tendering Specifications Item 21, the following
documentation will be requested of Four Seasons Site Development Ltd. for your review during
the evaluation stage of this tender call. Please advise if Supply & Services is to proceed with
collecting the following documentation:
(a) A copy of the City's Health and Safety Policy form currently dated and signed;
(b) A copy of the current Clearance Certificate issued by Workplace Safety & Insurance
Board;
(c) The City's certificate of insurance or approved alternative form completed by the Bidder's
agent, broker or insurer; and
(d) Waste Management Plan.
A budget of $1,000,000 was provided to Supply & Services for this procurement.
If the recommendation to award exceeds the budgeted amount, refer to Financial Control Policy
Item 11 for additional instructions.
February 20, 2018
Tender No. T-4-2018
Asphalt Resurfacing on Various City Streets
Page 2
23
ATTAC 4MENT#®T 3 PORTS AJC ®7 vy-/S
of
In accordance with Purchasing Policy Item 06.04, the authority for the dollar limit as set out
below excludes HST.
As such, in accordance with Purchasing Policy Item 06.11, where the compliant quotation or
tender meeting specifications and offering best value to the City is acceptable or where the
highest scoring proposal is recommended and the estimated total purchase price is:
(c) Over $250,000, the Manager may approve the award, subject to the approval of the
Director, Treasurer, CAO and Council.
Please include the following items in your report:
1. if Items (a) through (b) noted above are acceptable to the Co-ordinator, Health & Safety or
designate, if required;
2. if Item (c) is acceptable to the Manager, Budgets & Internal Audit;
3. if the list of subcontractors is, acceptable to Engineering Services;
4. if Item (d) is acceptable to Engineering Services;
5. any past work experience with low bidder Four Seasons Site Development Ltd. including
work location;
6. without past work experience, if. reference information is acceptable to Engineering
Services;
7. the appropriate account number(s) to which this work is to be charged;
8, the budget amount(s) assigned thereto;
9. Treasurer's confirmation of funding;
10. related departmental approvals; and
11. related comments specific to the project.
After receiving Council's approval, an approved "on-line" requisition will be required to proceed.
Enquiriescan be directed to the City's website for the unofficial bid results as read out at the
public tender opening or to Supply & Services. Bidders will be advised of the outcome in due
course.
If you require further information, please feel free to contact me or a member of Supply &
Services.
RR/j.
Attachments
February 20, 2018
Tender No. T-4-2018
24 Asphalt Resurfacing on Various City Streets
Page 3
w
C)
w
U
'i. Q1
CD c
E 0
4.6
.E� ▪ V
U
4O
'a co
V N
f
cts
C
.n
a)
a)
U-
E >,
( cts
❑ Z
L L
a) a)
1
E
ATTACHMENT TO REPORT#
C-n/C7 d l a 18
Comments
,.1 .n._r f 14, ._✓G:Ynn A --4
c%
7
v
�vrJ
M
C- t -n
Bidder Sign In
Total Tendered Amount
li
v,,.
69-
6
0
c
c i
64
Q,
--i-
69-
\f)
N
kr)
64
•�-
0
i-
69-
Bidder Name
Furfari Paving Co. Ltd.
Four Seasons Site
Development Ltd.
IPAC Paving Ltd.
Serve Construction Ltd.
D. Crupi & Sons Ltd.
6,
a)
0
City Staff Present
25
26
E
d
c U
ca O
E
O L.L.. O-
as r
Z co 'O N
0 O N X
C O
773 1-
O .4 N Q-
O
V
N
a)
a)
'O
I-- I-- h-
,4TTACHM ENT# _ TO MOM °I/- /g
Comments
Bidder Sign In
0
r
r
Total Tendered Amount
i -
;1)(i,
t
crl—
c-A
®
0
z -
d
0
�)
f
a
c\n
i!
`,.
Bidder Name
Sanscon Construction Ltd.
Ashland Paving Ltd.
Coco Paving Inc.
C. Vally Paving Inc.
Forest Contractors Ltd.
O
City Staff Present
ATTACHMENT#, TO REPORT#®l oL{ -16
of g
Project Area No. 1
V �v
(n W Q OLD ORCHARD
W D J
/ Z O AVENUE
W D
< W 0 MON ICA
S1MPS�F3l�`i
AVENUE
BROWNING
O AVENUE
FAIRVIEW
AVENUE
STREET
POINT
WATE
STR
FREt'�JNei/AN'S
BAY
Q
z
0
J
COOK
PLACE
PARK
ROAD
COMMERCE
0
Q
0
fY
LUNA
COURT
FO <GLOVE
4
AVE.
0
W
STREET
BROADVIEW
STREET
Location Map — Browning Avenue
Browning Avenue — from Fairview Avenue to St. Martins Drive. The proposed works include a
final lift of asphalt and pavement markings.
Project Area No. 2
Location Map — Timmins Gardens and Boxworth Place
Timmins Garden — from Batory Avenue east and south to Vistula Drive. Boxworth Place — from
Timmins Gardens to the south terminus. The proposed works include a final lift of asphalt and
pavement markings.
27
ATTACHMENT# 3 TO REP®RT# CN C) 01-4- I 8
of
Project Area No. 3
f m �j 0 Z0
C -SUBJECT
w.
AREA
Location Map — Dixie Road
Dixie Road — from Rambleberry Avenue to Glenanna Road. The proposed works include
asphalt resurfacing. Existing concrete curb and gutter, and sidewalk that is deficient will be
removed and replaced as required.
Project Area No. 4
SUBJECT
AREAS
Location Map — Livingston Street
Livingston Street — from Wellington Street to Central Street (Regional Road 5).
Livingston Street — from 100m south of Wellington Street to terminus. The proposed works
include asphalt resurfacing.
28
Project Area No. 5
Location Map — Geta Circle
Geta Circle — west of Pickering Parkway. The proposed works include asphalt resurfacing.
Existing concrete curb and gutter, and sidewalk that is deficient will be removed and replaced
as required.
Project Area No: 6
Location Map — Twyn Rivers Drive
Twyn Rivers Drive — from Woodview Avenue to Ashwood Gate. The proposed works include
asphalt resurfacing. Existing concrete curb and gutter, and sidewalk that is deficient will be
removed and replaced as required.
29
,lZr A,C`' €Mi NT = -_ \ REPO
Project Area No. 7
oLl
Location Map — Rougemount Drive
Rougemount Drive — from Oakwood Drive to Rosebank Road. The proposed works include
asphalt resurfacing.
Project Area No. 8
4
SUBJECT
AREA
Q
Q
0
Location Map — Sultana Square
R
Sultana Square — east of Foxwood Trail. The proposed works include asphalt resurfacing.
Existing concrete curb and gutter, and sidewalk that is deficient will be removed and replaced
as required.
30
ATTACH M E NT # TOR`. PO U4_
f
Project Area No. 9
c� 0q
SUBJECT
AREA
spON
PAL FzX
pA
cc
cc
cc
0
Location Map — Bronwen Lane
Bronwen Lane — from Zator Avenue to Krosno Boulevard. The proposed works include asphalt
resurfacing. All existing concrete barrier curb will be removed and replaced with curb and
gutter.
Project Area No. 10
Location Map — Patmore Lane
Patmore Lane — from Liverpool Road to Naroch Boulevard. The proposed works include
asphalt resurfacing. All existing concrete barrier curb will be removed and replaced with curb
and gutter
31
AT rAC IMEN§T#= J . �O � EPO , : C� OV- ! 6
Project Area No. 11
SUBJECT
AREA
Location Map — Rosebank Road
Rosebank Road — from Rougemount Drive to Rodd Avenue. The proposed works include
asphalt resurfacing.
Project Area No. 12
SUBJECT
AREA
Location Map — Sideline 4
Sideline 4 — from 15m north to 15m south of the CP Railway on Sideline 4 north of Regional
Road 5. The proposed works include asphalt resurfacing.
32
SUBJECT
AREA
n € ' AC Mi RiPO T. EN C1 0'4 -18
Project Area No. 13
Location Map — Sideline 12
Sideline 12 — from 15m north to 15m south of the CP Railway on Sideline 12 north of Regional
Road 5. The proposed works include asphalt resurfacing.
Project Area No. 14
1`
�?
0
z
ECi t Z y4 JO,(PGa
O r v
a1\ F
OF
\NO°nN
N
\ Fn
Rte`
)O
5
(=X --
0
,E
0
40� 0
y N"
Location Map — Strouds Lane
Strouds Lane — between Fairport Road & Spruce Hill Road. The proposed works include
asphalt resurfacing.
33
g T. ACHMEN T #
TO REPOT# ay-ig
of l
Project Area No. '15
4-
X10
\ti
<L , ) �P�O
SNAP P PRO
\cN�RGSpN
so',REED
SUBJECT
AREA
.E�17 P�iN
e' ueuc
P�NOO
1-1-;'''—'1
•__,•-----2., ER
\
/2_,'N,--) i S 1,1,-,''''
.x �PP�P
----- r" SN
Pel'‘1,11'-( ,m'''''''''' V' --r`
G
ip
/J ,0‘,„00\11‘'
VNGOv
ti
0
d
0
Location Map - Sheppard Avenue
Sheppard Avenue — between Old Forest Road & Altona Road. The proposed works include
asphalt resurfacing.
Project Area No. 16
Location Map — Rougemount Drive
Rougemount Drive — between Rouge Hill Court & Altona Road. The proposed works include
asphalt resurfacing.
34
cit,
P1CKER1NG
Report to
Executive Committee
Report Number: LEG 04-18
Date: April 3, 2018
From: Paul Bigioni
Director, Corporate Services & City Solicitor
Subject: Avis Property Public Parking Lot
- Lease Agreement
File: D-1000-010-17
Recommendation:
1. That the lease by the City of approximately 1A4 acres of land at 640 Liverpool Road for use
as a public parking lot be approved;
2. That the Mayor and the City Clerk be authorized to execute the Lease Agreement included
as Attachment 1 to this Report, subject to minor revisions agreeable to the Director,
Corporate Services & City Solicitor;
3. That City staff be directed to perform clean-up and grading work on the site, at a cost of not
more than $6,000, for the purpose of making the site suitable for use as a public parking lot;
and
That the appropriate City of Pickering officials be authorized to take the necessary actions as
indicated in this Report.
Executive Summary: The attached Lease Agreement (the "Lease") between The
Corporation of the City of Pickering, as tenant, and Richard John Avis and Walter Keith Avis, as
landlords, will provide much needed additional public parking near the south end of Liverpool
Road. The leased site has an area of 1.44 acres and will accommodate approximately 51
automobiles, including three accessible parking spots. A location map of the site is included as
Attachment 2 to this Report. Access to the site is off the south side of Annland Street,
approximately 96 meters west of Liverpool Road. The site is well located to provide parking for
visitors to Frenchman's Bay, including Millennium Square, Beachfront Park, Progress Park and
the various shops and businesses located in and around the Nautical Village at the foot of
Liverpool Road.
Staff propose that the. City do initial clean-up and grading work on the site, at a cost of not more
than $6,000, to make the site suitable for use as a public parking lot.
The Lease is for a term of five years with one five year renewal term. The rent for the initial term is
$1,600 per month plus applicable taxes and operating expenses. The City will be responsible for
the maintenance of the site, including snow removal, during the term of the Lease, and any
renewal term.
35
LEG 04-18 April 3, 2018
Subject: Lease Agreement for Public Parking Page 2
Financial Implications: During the term of the Lease, and any renewal thereof, the City will be
required to pay the following:
1. Rent in the amount of $19,200.00 per year in equal monthly installments of $1,600.00 plus
applicable HST for the initial five year term of the Lease. Rent for the five year renewal term
will be at a rate to be agreed upon by the City and the landlords.
2. Charges for any electricity and other utilities used in connection.with the Site.
3. Applicable property taxes and insurance costs.
4. Maintenance costs for the Site, including snow removal costs.
5. Costs of any fixtures, chattels, improvements, installations, alterations or additions, if any,
from time to time made, erected or installed on the Site by the City, including the cost of the
clean-up and grading work described this Report.
The approved 2018 Current Budget for Public Works allocates the following amounts for rent and
improvements to the parking lot site:
2132.2482.0000 Grounds Upkeep $ 6,000.00
2132.2682.0000 Land Rentals $21,696.00.
Discussion: Many of the City's lakefront amenities, including Millennium Square, Frenchman's
Bay, Beachfront Park and Progress Park are accessed from the south end of Liverpool Road.
This area of the City is a destination for both residents and visitors, especially from April to
October. There is a need for additional public parking to relieve traffic congestion and to enhance
public access to and enjoyment of the lakefront area.
To provide much needed additional parking near the intersection of Liverpool Road and Annland
Road, staff recommend that Council approve the attached Lease.
The leased site has an area of 1.44 acres and will accommodate approximately 51 automobiles,
including three accessible parking spots. A location map of the site is included as Attachment 2 to
this Report. Access to the site is off the south side of Annland Street, approximately 96 meters
west of Liverpool Road. The site is currently a vacant gravel lot, and is surrounded by existing
fencing. In accordance with the approved 2018 Current Budget, staff propose to perform the
following improvements to the site so that it is suitable and safe for public use:
1. Regrade gravel sub -base;
2. Add one catch basin and connection for improved surface drainage;
3. Repair fencing, including removal of barbed wire; and
4. Install empty conduit for possible future light installation.
CORP0227-07/01 revised
36
LEG 04-18 April 3, 2018
Subject: Lease Agreement for Public Parking Page 3
It is proposed that the site be open for free public parking. Staff will monitor use of the parking lot
over the course of 2018, and will make recommendations to Council in 2019 regarding the
feasibility of paving the site and adding lighting. Staff will also consider possible options for
implementation of paid parking.
The initial term of the Lease will be five years at an annual rent of $19,200.00 payable in equal
monthly installments of $1,600.00 plus applicable HST. The Lease may be renewed at the option
of the City for an additional five year term. The renewal term will be subject to the same terms
and conditions as set out in the Lease, save and except for the amount of rent, which shall be
mutually agreed upon by the City and the landlords. The Lease requires the City to bear any
costs associated with property taxes, maintenance and insurance. The Lease also confirms a
provision whereby the City must indemnify the landlords in respect of any liabilities associated
with the use of the site as a parking lot. The terms of the Lease are commercially reasonable.
Staff recommend that Council approve the Lease.
Attachments:
1. Draft Lease Agreement between City of Pickering, as tenant, and Richard John Avis and
Walter Keith Avis, as landlords.
2. Location Map of the Site.
Pre•e•
413
•iIj
Candace Tashos
Assistant Solicitor
CT:ks
Pre•7/Approved/Endorsed By:
Paul Bi
Directo
Recommended for the consideration
of Pickering City Council
Tony Prevedel, P.Eng.
Chief Administrative Officer
. r6, Zola
CORP0227-07/01 revised
to Services & City Solicitor
37
ATTACHMENT# TO REPORT# D'( (L�
j .of: 19-=
Lease Agreement
This Lease is made as of the day of, , 2018.
Between:
Richard John Avis and Walter Keith Avis
(collectively, the "Landlord")
- and -
The Corporation of the City of Pickering
(the "City")
Article
Interpretation
Definitions
1. In this Lease,
(a) "Basic Rent" means the rent payable by the City pursuant to Section 14;
(b) "Business Day" means any day of the week except Saturday, Sunday or
any statutory or civic holiday observed in the Province of Ontario;
(c) "City's Improvements" means all fixtures, chattels, improvements,
installations, alterations and additions from time to time made, erected or
installed by or on behalf of the City on the Site, including those
improvements set out in Schedule "C";
(d) "Commencement Date" means the day of , 2018;
(e) "Land" means the lands municipally known as 640 Liverpool Road,
Pickering, and legally described in Schedule "A";
(f)
38
"Lease" means this lease as it may be amended from time to time in
accordance with the provisions hereof;
(g)
2
"Property Taxes" means all real estate taxes, general taxes, school taxes,
levies, rates, duties, assessments and charges imposed against real
property, buildings, structures, equipment, facilities and improvements by
municipal or other governmental authorities having jurisdiction excluding any
public or local improvement charges levied in conjunction with or as a result
of any original construction of the Land or any expansion thereof and
excluding any taxes which are primarily of a nature of taxes on income,
capital, business, placement of business or otherwise personal to the
Landlord and not primarily of a nature of taxes on real property;
(h) "Proportionate Share" means a fraction which has as its numerator the
area of the Site, in square metres, and as its denominator the area of the
Land, in square metres;
(1) "Rent" means the aggregate of Basic Rent and all other sums of money or
charges required to be paid by the City under this Lease;
(j) "Site" means that portion of the Land as shown on the sketch attached as
Schedule "B" being an area of approximately 2,090 square metres [AS
NOTED ON SKETCH IN FILE - AREA IN SQUARE METRES TO BE
CONFIRMED]; and
(k) "Term" means the term of this Lease as set out in Section 11 and any
extension or renewal thereof.
Headings
2. The division of this Lease into articles, sections, subsections and schedules and
the insertion of headings are for convenience of reference only and shall not affect
the construction or interpretation of this Lease.
Schedules
3. The following Schedules are incorporated into and form part of this Lease:
Schedule "A" Legal Description of the Land
Schedule "B" — Sketch of the Site
Schedule "C" — Description of City's Improvements
39
3
Severability
4. All of the provisions of this Lease are to be construed as covenants even where
not expressed as such. If any such provision is held to be or rendered invalid,
unenforceable or illegal, then it shall be considered separate and severable from
this Lease and the remaining provisions of this Lease shall remain in force.
Number
5. Wherever a word importing the singular number only is used in this Lease, such
word shall include the plural. Words importing either gender or firms or
corporations shall include the other gender and individuals, firms or corporation
where the context so requires.
Governing Law
6. This Lease shall be governed by, and interpreted and enforced in accordance with,
the laws in force in the Province of Ontario.
Entire Agreement
7. This Lease and the Schedules attached hereto constitute the entire agreement
between the parties concerning the Site and may only be amended or
supplemented by an agreement in writing signed by both parties.
Article 11
Grant and Use
Grant
8. In consideration of the performance by the City of its obligations under this Lease,
the Landlord leases the Site to the City for the Term, and any renewal term, and
covenants to observe and perform all of the covenants and obligations to be
observed and performed by the Landlord under this Lease. In consideration of the
performance by the Landlord of its obligations under this Lease, the City takes the
Site on lease from the Landlord and covenants to pay the Rent and to observe and
perform all other covenants to be observed and performed by the City under this
Lease.
40
4
Use of Premises
9. The City, its employees, agents, servants, invitees, licensees and members of the
general public shall be permitted to use the Site for the purpose of public parking,
and shall be entitled to vehicular and pedestrian access to and from the parking
spaces over the driveway and walkway portions of the Site to and from the
adjacent public highway. The Site shall be open for public use as a parking lot 24
hours per day, 7 days per week. The City shall not be permitted to use the Site for
any other purpose without the prior written consent of the Landlord.
Nuisance
10. The City shall not carry on any business or do or suffer any act or thing which
constitutes a nuisance or which is offensive or an annoyance to the Landlord or
other occupants of the Land.
Article III
Term
Term
11. The term of this Lease is five (5) years commencing on the day of
, 2018 and ending on the day of
2023.
Option to Renew
12. The City shall have the option, exercisable by notice to the Landlord not later than
six (6) months prior to the expiration of the Term, to renew this Lease for an
additional five (5) year term upon the same terms and conditions as are herein
contained save and except for the amount of Basic Rent to be paid during the
renewal term. The amount of Basic Rent to be paid during the renewal term shall
be equal to the fair market value, as agreed between the parties, as of the date
which is six (6) months prior to the commencement of the renewal term. If three
(3) months prior to the end of the Term the parties have not agreed to the then fair
market value of the Basic Rent, then the Basic Rent shall be determined by
arbitration under the provisions of the Arbitrations Act (Ontario) and the award of
the arbitrators shall be final and binding on the parties. The cost of the arbitration
shall be shared equally between the parties.
41
Overholding
13. If the City remains in possession of the Site after the expiry of the Term, or any
renewal term, there shall be no tacit renewal of this Lease, notwithstanding
statutory provisions or legal presumption to the contrary, and the City shall be
deemed to be occupying the Site as a tenant from month to month at the Basic
Rent in effect during the last month of the Term, or renewal term, and otherwise
upon the same terms, covenants and conditions as are set forth in this Lease
insofar as they are applicable to a monthly tenancy.
Article IV
Rent
Basic Rent
14. The City shall pay to the Landlord as Basic Rent during the Term in lawful money
of Canada the sum of $19,200.00, plus applicable H.S.T., per annum in equal
monthly instalments of $1,600.00, plus applicable H.S.T., each on the first day of
each calendar month during the Term, the first of such payments to be made on
the Commencement Date or on the first day of the calendar month next following
the Commencement Date if the Commencement Date is not on the first day of a
calendar month. If the Commencement Date is not the first day of a calendar
month, then Basic Rent for such month shall be pro -rated on a per diem basis,
based upon a period of 365 days.
Manner of Payment
15. The City shall make all payments of Rent by way of cheque made payable to the
Landlord (or to such other person as the Landlord may designate by notice) at the
address specified in Section 39 (or such other address as the Landlord may
designate by notice). Notwithstanding Section 14, the City may elect to pay Rent
either monthly or annually.
42
5
Article V
Taxes
Property Taxes
16. The City shall pay all Property Taxes imposed against the Site during the Term,
and any renewal term. If Property Taxes are not imposed separately against the
Site, the City shall pay its Proportionate Share of the Property Taxes imposed
against the Land during the Term, and any renewal term, within 15 days of receipt
from the Landlord of official receipts from the taxing authority or other proof
satisfactory to the City that Property Taxes for the Land have been paid in full.
The Landlord shall pay, when due, all Property Taxes assessed against the Land.
Right to Contest
17. The City has the right to contest or review the assessment of the Site for Property
Taxes by legal proceedings or in such manner as the City in its opinion deems
advisable. Any proceedings or other steps taken by the City, if instituted, shall be
conducted diligently at its own expense. No such contest shall defer or suspend
the City's obligation to pay Property Taxes pending the contest. If the Landlord
undertakes such contest in respect of the Site, the City will be credited with its
Proportionate Share of Property Taxes recovered, less the Landlord's reasonable
cost of recovery.
Article VI
Utility Costs
Utilities
18. The City agrees to pay or cause to be paid all charges for electricity, light, or power
used, rendered or supplied upon or in connection with the Site throughout the
Term, and any renewal term.
43
7
Article VII
Maintenance, Repairs and Alterations
Maintenance and Repair of Site
19. The City, at its sole cost and expense, shall maintain and keep or cause to be
maintained and kept in good and substantial state of repair the Site and be solely
responsible for ensuring the provision of maintenance to the Site during the Term,
and any renewal term, including,
(a) maintaining the access driveway and walkways, gravel drive aisles and parking
surface, access gate, curb stops, and landscaping;
(b) repairing potholes and other defects;
(c) removing trash and debris; and
(d) snow and ice removal.
City's Improvements
20. The City shall carry out and complete the City's Improvements as set out in
Schedule "C" of this Lease, at its sole cost and expense. The City's Improvements
shall be performed by the City, its servants, agents, employees, and contractors,
and shall be completed in a good and workmanlike manner. The City shall pay,
when due, the costs of all such work and of all materials, labour and services
involved therein provided that any such payments may be withheld pursuant to the
provisions of the Construction Lien Act (Ontario).
21. The City shall obey all federal, provincial and municipal laws, acts, ordinances,
regulations, orders -in -council and by-laws which could in any way pertain to the
work relating to the City's Improvements.
22. All alterations, renovations and new construction are subject to approval by the
Landlord, acting reasonably. All related permit fees and costs, including the
provision of any diagrams, architectural plans and architectural fees, are at the
expense of the City.
44
8
23. The City covenants not to make or erect on the Site any installations, alterations,
or additions without submitting drawings and specifications to the Landlord and
without obtaining the Landlord's prior written consent in each instance, which
consent shall not be unreasonably withheld. The City must further obtain the
Landlord's prior written consent to any material change or changes in such
drawings and specifications submitted as aforesaid.
Liens
24. The City shall ensure that no lien or claim for lien is registered against any portion
of the Land or against the Landlord's or the City's interest therein for services or
materials supplied at the request of the City. If a lien or claim for lien is registered
or filed against title to the Land, the City shall, within 30 days after it has received
notice from the Landlord, procure the discharge thereof, failing which the Landlord,
at its option, may discharge the lien or claim for lien by paying the amount claimed
to be due into court and the amount so paid shall be paid forthwith by the City to
the Landlord.
Removal of City's Improvements
25. The City, at its sole and unfettered option, may remove any of the City's
Improvements which it has installed provided it restores the Site, as nearly as
possible, to the state it was in before the commencement of the Term. Upon the
expiry of the Term, or any renewal term, any of the City's Improvements remaining
on the Site (which the City has not elected to remove) shall become the property of
the Landlord without compensation to the City.
Article VIII
Insurance and Indemnity
City's Insurance
26. The City, at its sole cost and expense, shall purchase and keep in full force and
effect during the Term of this Lease, and any renewal term, comprehensive
general liability insurance, identifying the Landlord as an additional insured,
pertaining to the City's liability to others in respect of injury, death or damage to
property occurring upon, in or about the Site, with coverage for any one
occurrence or claim of not less than $5,000,000.00.
27. The City shall provide to the Landlord an insurance certificate completed by the
City's insurance provider confirming such coverage.
45
9
Indemnification
28. The City covenants to indemnify the Landlord against any and all claims, actions,
damages and liability (including, without limiting the generality of the foregoing, all
claims for personal injury, death and/or property damage) and also damages
arising from any breach of this Lease by the City or from any act or omission of the
City or those for whom the City is at law responsible in or around the Site and
against all costs incurred in connection with any such claim arising from the City's
use and occupation of the Site. The Landlord shall not be liable for any loss or
damage to any property belonging to the City or to any other persons or for any
injury to any person while such person or property is on the Site unless such loss,
damage or injury is caused directly by the negligence of the Landlord, or those for
whom the Landlord is at law responsible.
Article IX
Remedies on Default
Landlord's Right to Re -Enter
29. If the Rent remains unpaid for 30 days after the City has received notice thereof,
then it shall be lawful for the Landlord at any time thereafter to re-enter the Site.
Landlord's Right to Remedy Default
30. In addition to all other remedies the Landlord may have under this Lease and in
law, if the City is in default of any of its obligations under this Lease other than the
payment of Rent, and such default has continued for a period of 30 days after
receipt of notice by the City (or such longer period as may be required in the
circumstances to cure such default, except in an emergency where the Landlord
will not be required to give notice), the Landlord, without prejudice to any other
rights which it may have with respect to such default, may remedy such default
and the cost thereof shall be added to the Rent due on the next succeeding date
on which Rent is payable.
46
10
City's Right to Remedy Default
31. In addition to all other remedies the City may have under this Lease and in law, if
the Landlord is in default of any of its obligations under this Lease and such default
has continued for a period of 30 days after receipt of notice by the Landlord (or
such longer period as may reasonably be required in the circumstances to cure
such default, except in an emergency where the City will not be required to give
notice), the City, without prejudice to any other rights which it may have with
respect to such default, may remedy such default and the cost thereof to the City
shall forthwith be paid by the Landlord to the City.
Waiver
32. No condoning, excusing or overlooking by either party of any default, breach or
non -observance by the other at any time or times in respect of any covenant,
obligation or agreement under this Lease shall operate as a waiver of such party's
rights hereunder in respect of any continuing or subsequent default; breach or
non -observance, or so as to defeat or affect in any way the rights of the Landlord
or the City herein in respect of any such continuing or subsequent default or
breach, and no waiver shall be inferred from or implied by anything done or
omitted by the Landlord or the City save only an express waiver in writing.
Article X
Priority of Lease
Sale of Land
33. The Landlord shall not sell, assign or otherwise transfer all or any part of its
interest in the Land unless such sale, assignment or transfer is made subject to
this Lease and all of the rights of the City hereunder.
Subordination
34. The City shall not be required to subordinate this Lease to any mortgagee,
chargee or other encumbrancer unless the Landlord has first obtained from any
such mortgagee, chargee or other encumbrancer a non -disturbance agreement in
form acceptable to the City whereby such encumbrancer agrees that, so long as
the City is not in default under any of the terms and conditions of this Lease, the
City will not be disturbed in its possession of the Site and to provide further that
said mortgagee, chargee or encumbrancer, in the event that it goes into
possession of the Land, including the Site, shall be bound by all of the terms and
covenants of this Lease. The Landlord covenants to make its best efforts to obtain
a non -disturbance agreement from any existing mortgagee.
47
Article XI
Landlord's Covenants, Representations and Warranties
Quiet Enjoyment
35. The Landlord shall permit the City to peaceably possess and enjoy the Site during
the Term, and any renewal term, without any interference from the Landlord, or
any person lawfully claiming by, from or under the Landlord provided the City is not
in default.
Landlord's Representations and Warranties
36. The Landlord represents and warrants to the City that:
(a) there has not been, is not now and will not at any time during the Term, and any
renewal term, be any Environmental Contaminant ("Environmental Contaminant"
includes any hazardous or toxic substances or materials, including without
limitation, products of waste, contaminants, pollutants, dangerous substances,
mould, noxious substances, explosive or improperly handled friable materials
including asbestos, PCBs and substances or any other materials declared or
defined to be hazardous, toxic, contaminant or pollutant in or pursuant to any law
of any authority) located, stored, manufactured, refined, disposed of, produced,
processed or incorporated in or on any part of the Land, the Site, or the
surrounding lands;
(b) it has good and marketable title to the Land and is lawfully entitled to grant and is
capable of granting to the City a valid lease for the Site;
(c) there is no law, by-law, regulation, direction or notice of any governmental authority
having jurisdiction or any registered restriction or agreement against the title to the
Land which would prevent the use of the Site by the City for the purposes set out in
this Lease; and
(d) The Landlord shall indemnify and save harmless the City from and against any
and all actions, losses, damages, claims, costs and expenses (including solicitors'
fees on a solicitor and client basis) to which the City shall or may become liable by
reason of any misrepresentation or breach of any warranty by the Landlord under
this Section 36.
48
12
Article XII.
Miscellaneous
Signs
37. The City, at its sole cost and expense, may install and maintain signs on the Site
advising the public of the availability of parking on the Site, or any other signs it
considers necessary for the proper conduct of its operation on the Site.
Delay
38. Notwithstanding anything to the contrary contained in this Lease, if either party is
bona fide delayed or hindered in or prevented from the performance of any term,
covenant or act required hereunder by reason of strikes, labour troubles, inability to
procure materials or services, power failure, restrictive governmental laws or
regulations, riots, insurrection, sabotage, rebellion, war, act of God, or other reason.
whether of a like nature or not which is not the fault of the party delayed in
performing work or doing acts required under the terms of this Lease, then
performance of such term, covenant or act is excused for the period of the delay,
and the party so delayed shall be entitled to perform such term, covenant or act
within the appropriate time period after the expiration of the period of such delay,
provided that nothing herein contained shall in any way excuse the City from the
prompt payment of Rent.
Notice
39. Any notice, demand or other communication (in this Section, a "notice") required or
permitted to be given or made under this Lease shall be in writing and shall be
sufficiently given or made if,
(a) delivered in person during normal business hours on a Business Day and left with
a receptionist or other responsible employee of the relevant party at the applicable
address set forth below;
(b) sent by prepaid first class mail; or
(c) sent by any electronic means of sending messages, including telex or facsimile
transmission, which produces a paper record ("Electronic Transmission") during
normal business hours on a Business Day or, if not sent on a Business Day, such
notice shall be deemed to have been sent on the Business Day next following;
in the case of a notice to the Landlord, addressed to it at:
595 Annland Street
Pickering, Ontario L1W 1A6
49
13
and to:
Attention: Walter Keith Avis
679 Balaton Avenue
Pickering, Ontario L1 W 1W2
Attention: Richard John Avis
and in the case of a notice to the City, addressed to it at:
The Corporation of the City of Pickering
Civic Complex
One The Esplanade
Pickering, Ontario L1V 6K7
Attention: City Clerk
Fax: 905.420.9685
Each notice sent shall be deemed to have been received:
(a) on the day it was delivered and as stated in Subsection 39(a) above;
(b) on the third Business Day after it was mailed (excluding each Business Day
during which there existed any general interruption of postal services due to
strike, lockout or other cause); or
(c) on the same day that it was sent by Electronic Transmission, or on the first
Business Day thereafter if the day on which it was sent by Electronic
Transmission was not a Business Day.
40. Either party may change its address for notice by giving notice to the other party as
provided in this Section.
Status Statement
41. The City, at the request of the Landlord and upon not less than 30 days' prior
notice, shall execute and deliver a statement in writing certifying that this Lease is
unmodified and in full force (or, if modified, stating the modifications), the amount
of Rent payable, the dates to which any amount provided in this Lease to be paid
by the City to the Landlord has been paid and stating whether or not there is any
existing default under this Lease on the part of the Landlord of which the City has
notice.
50
14
Assignment and Subletting
42. The City shall not assign this Lease or sublet all or any portion of the Site without
the prior written consent of the Landlord which consent may not be unreasonably
withheld.
Landlord's Consent
43. Where the Landlord's consent or approval is required by this Lease to any act of
the City, such consent or approval shall not be unreasonably withheld and the
response of the Landlord shall be communicated to the City within 10 days of the
receipt of a request for such consent or approval, failing which the Landlord shall
be deemed to have been given such consent or approval.
Registration of Lease
44. The City may, at its option, register this Lease or a notice of this Lease in the Land
Registry Office for Durham (No. 40) and the Landlord will co-operate with the City
to facilitate such registration.
Successors and Assigns
45. This Lease shall enure to the benefit of and be binding upon the parties and their
respective successors (including any successor by reason of amalgamation or
statutory arrangement) and permitted assigns.
In Witness Whereof the parties have executed this Lease.
WITNESS:
Richard John Avis
Walter Keith Avis
The Corporation of the City of Pickering
David Ryan, Mayor
Debbie Shields, City Clerk
51
SCHEDULE "A"
LEGAL DESCRIPTION OF THE LAND
PIN: 26319-0614 (LT)
PCL 6-1 SEC M89; LT 6 PL M89 (PICKERING) EXCEPT PT 76 EXPROP PL 95;
PICKERING
PIN 26319-0615 (LT).
PCL 7-2 SEC M89; LT 7 PL M89 (PICKERING) EXCEPT PT 77 EXPROP PL 95;
PICKERING
52
15
SCHEDULE "B"
SKETCH OF THE SITE
[to be inserted]
16
53
[to be inserted]
54
SCHEDULE "C"
DESCRIPTION OF CITY'S IMPROVEMENTS
17
ATTACHMENT# TOF REPORT# - f D�
.of. ( _.'!
_ p/. -
P1CKERING
General Map
Flle: Location Map
Description: 640 Liverpool Road
wcdrp.+.u.r. orih.<ry arplrq, - rwd.1s4OnWI WrH�r"•I.m:
Scale 1: 1,000
21 -Sep -17
55
CGS co/
DICKERING
Report to
Executive Committee
Report Number: PLN 08-18
Date: April 3, 2018
From: Kyle Bentley
Director, City Development & CBO
Subject: Driveway Widening
Permeable Pavements
File: D-7001-001
Recommendation:
1. That Report PLN 08-18 regarding driveway widening be received;
2. That Council direct staff to proceed with the following actions:
(a) prepare a brochure promoting the use of permeable pavement;
(b) communicate the benefits of permeable pavement through the City's website,
community page ad, eNewsletters, telephone on -hold messaging, media release,
social media, and at sustainability events;
(c) revise the City of Pickering Driveway Entrance Application to include driveway
widening;
(d) revise the 2018 User Fee Schedule to reflect the $100.00 permit fee to widen a
driveway;
(e) incorporate appropriate maximum driveway width provisions in the Comprehensive
Zoning By-law Update Study;
(f) investigate opportunities to use permeable pavement for parking areas, sidewalks,
multi -use paths and trails when constructing or upgrading City facilities subject to site
specific conditions; and
3. That the appropriate City of Pickering staff be authorized to take the necessary actions as
indicated in this Report.
Executive Summary: Resolution #384/17 was approved by Council directing staff to review
permeable materials when a resident is proposing to widen their driveway, and to further develop
a permitting process for widening a driveway on a minimal cost recovery basis.
As an alternative to traditional pavement, pervious pavement is designed to allow stormwater to
drain through the surface into the underlying soils where the water is naturally filtered and
pollutants are removed. Pervious pavement can be used for low traffic roads, parking lots,
driveways, walkways and is ideal for sites with limited space for traditional stormwater
management practices. There are three permeable pavement types: permeable interlocking
concrete pavers, porous concrete or porous asphalt, and plastic grid systems.
Although Pickering can pass a by-law under the Municipal Act, S.O 2001 to require permeable
pavement for driveway widening on private property, staff is recommending that a softer and less
regulatory approach be used that would have staff inform residents of the benefits associated with
permeable pavement through the application process. The current Driveway Entrance Application
Form would be revised to include driveway widening. The application would be reviewed and if
approved, a fee of $100.00 (non-refundable) for the permit and final inspection would be charged.
56
Report PLN 08-18
Subject: Driveway Widening
April 3, 2018
Page 2
Through the review of consent and site plan applications, staff have been promoting the use of
permeable pavement. In recognition of the lack of appropriate driveway width provisions in the
current zoning by-laws, staff will incorporate maximum driveway width provisions as part of the
upcoming Comprehensive Zoning By-law Update Study. As Greater Toronto Area (GTA)
municipalities are incorporating permeable pavement within their own building and infrastructure
projects, staff will also investigate the opportunity to use permeable pavement for parking areas,
sidewalks and trails when constructing or upgrading City facilities and infrastructure.
Financial Implications: The design and printing of a brochure will be funded from the 2018
Strategic Initiatives & Sustainability Budget 2620. The 2018 User Fee Schedule will be revised to
reflect the $100.00 permit fee for processing an application for driveway widening.
1. Background
On December 11, 2017, Council approved Councillor Brenner's Notice of Motion directing
staff to review options of materials that would permit absorption where a resident is
considering widening their parking area; and to further develop procedures that would
require residents to apply to the City for a permit to widen their parking areas on a minimal
cost recovery basis (see Resolution #384/17, Attachment #1).
2. Discussion
This portion of the report is divided into four parts: permeable pavement types, permeable
pavement benefits, municipal controls, and opportunities.
2.1 Permeable Pavement Types
A variety of different types of permeable pavements are available. These are typically
categorized into three main types:
• permeable interlocking concrete pavers consisting of impervious concrete blocks
that allow water to infiltrate into a reservoir through inter -block or intra -block voids.
These voids may be filled with gravel or soil and grass. Gravel is the most common
filler as it is less susceptible to clogging.
Y , "'�+�` •sem
s Oa"Me0772$ � '•
Source: City of Pickering
I I If 11 14 YY �4
11rIiliI�5141 N, \ ti •
' f.. Ji /.-jJ I i 4. L\ `\
7-T-17 _ , f 1 A V \..
Source: City of Pickering
57
Report PLN 08-18
Subject: Driveway Widening
April 3, 2018
Page 3
The City has installed permeable pavers at the Recreation Complex and Civic Complex
court yards (see above images). Regular maintenance is required for the pavers to work
effectively. Once the cracks between the pavers get filled with fines, debris, and organics
from grass cutting/leaves etc., its effectiveness is reduced. Consequently, the pavers are
periodically required to be vacuumed to maintain their porosity.
• porous asphalt or porous concrete consisting of standard asphalt or concrete mixes
from which the finer aggregates have been removed. Removal of these fine materials
results in a pavement with larger void spaces for water to flow through and into the
drainage layers and soil below.
Source:greenjaylandscaping.com
Source: pavements nteractive.org
• plastic grid systems consisting of plastic interlocking units with virtually no
impervious surface area. Grid spaces may be planted with grass or left unplanted and
filled with gravel or sand/soil mix after they are installed. The grids provide structural
stability and prevent settling while allowing a large amount of void space for infiltration
of stormwater.
Source: sure-ground,com
58
Source: starttraffic,corn
Report PLN 08-18 April 3, 2018
Subject: Driveway Widening Page 4
2.2 Permeable Pavement Benefits
Permeable pavement is designed to allow stormwater to drain through the surface into the
underlying soils, while providing a stable surface suitable for pedestrian and vehicular
Toads. Contaminants are removed from the stormwater as it infiltrates slowly through the
gravel sub -base and into the native soil. Permeable pavements provide the following
benefits:
• reduces stormwater runoff, which lowers flood risk, stream erosion and damage to
downstream infrastructure
• enables groundwater replenishment
• retains ambient water temperature
• removes contaminants from infiltrated stormwater
• reduces heat from the pavement surface to the atmosphere, which helps to mitigate
against the urban heat island
• reduces glare and vehicle skidding accidents
• reduces pavement ice buildup as the air trapped in the pavement can store heat and
release it to the surface, which promotes the melting of snow and ice
We note that permeable pavements have some drawbacks, which include the following:
• it is slightly more expensive than traditional pavements
• it requires more maintenance to prevent clogging between the pavers
• it is not as strong as traditional or asphalt pavements
• it performs poorly on sloped land
2.3 Municipal Controls
In Pickering, a property owner may be able to widen the driveway to accommodate
additional vehicles, subject to Municipal By-law compliance and upon obtaining a permit for
the City to cut the curb or extend the culvert if necessary (see Driveway Entrance
Application Form, Attachment #2). Typically, planning approvals are not required. A permit
fee applies to the length of curb cut required. There is currently no requirement for a
further application to widen a driveway either on the boulevard or on private property.
Pickering Council can pass a by-law under the Municipal Act, S.O 2001, specifying the
finishing materials for such driveway widenings, including permeable pavement. However,
staff recommends that a softer and less regulatory approach be used that would have staff
inform residents of the benefits associated with permeable pavement through the
application process.
The current Driveway Entrance Application Form would be revised to require a permit for
driveway widening beyond the curb or culvert extension. Also, the application would be
reviewed and if approved, a fee of $100.00 (non-refundable) for the permit and final
inspection would be charged. A revision to the 2018 User Fee Schedule will be required to
reflect the $100.00 permit fee. The Engineering Services Department would be responsible
for reviewing the application, issuing the permit, and inspecting the installation.
59
Report PLN 08-18 April 3, 2018
Subject: Driveway Widening Page 5
Pickering has advocated for the use of Low Impact Development (LID) measures, which
seek to maximize the area available for infiltration so that runoff volume and pollutant
concentrations are reduced by using on-site natural features to protect water quality. The
following tools are available under the Planning Act, R.S.O. 1990:
• Consent (s. 50)
In commenting on Land Division applications, LID measures such as extra depth topsoil
(300 mm), permeable pavers on the driveways, and the provision of rain gardens or rain
barrels have been added as part of the conditions of approval to be fulfilled prior to the final
clearance of the severance.
• Minor Variance (s. 45)
For most homeowners in Pickering, a variance to the Zoning By-law is not required to
widen a driveway as there is no maximum driveway width provisions within Parent Zoning
By-laws 3036, 2511, 2520 or 3037. In some instances, the lack of regulated widenings has
resulted in unsightly front yards with no landscaping.
To remedy this concern, staff included maximum driveway width provisions in the Duffin
Heights Neighbourhood and Seaton Zoning By-laws. The intent of these provisions is to
maintain the residential appearance of the neighbourhood and to prevent excessive paving
of properties, which may:
• cause the loss of stormwater absorption surfaces (lawns and gardens) and increase the
potential for flooding
• reduce available snow storage areas, and
• contribute to the unsightliness of derelict and commercial vehicles in driveways
To ensure that driveway width provisions are consistently applied across Pickering, staff
will incorporate appropriate maximum driveway width provisions as part of the
Comprehensive Zoning By-law Update Study. For minor variance applications, staff will
recommend thata condition be imposed requiring the applicant to obtain a permit to
construct the driveway widening.
• Site Plan Control (s. 41)
The use of site plan control does provide an opportunity for Pickering to encourage
permeable pavement. To this end, the City's Stormwater Management Design Guidelines
promotes the use of porous and pervious pavement installations so long as these systems
are designed in accordance with the Ministry of Environment Stormwater Management
manual and the Toronto and Region Conservation Authority Low Impact Development (LID)
Manual.
As part of the site plan review process for the Millennium City Veterinary Hospital on
Liverpool Road, numerous sustainable elements were incorporated into the site design.
Permeable pavers were introduced on all driveways, parking spaces, patios, and walkways
along with a vegetated bioswale in the proposed ditch. The combination of these measures
reduced overall water runoff from the property, even though the amount of paved surface
increased significantly.
60
Report PLN 08-18 April 3, 2018
Subject: Driveway Widening Page 6
2.4 Opportunities
A brochure about permeable pavement for homeowners who may wish to install or retrofit a
driveway, patio or walkway on their property is recommended. This brochure would be
available on the City's website, at brochure racks located at City facilities and attached to
the revised Driveway Widening and Curb Cut Application.
A number of GTA municipalities are also incorporating permeable pavement within their
own building and infrastructure projects. For example, the City of Mississauga, the Town of
Newmarket, and the Town of Aurora have all recently installed permeable pavers as part of
their municipal upgrades to their facilities. It is therefore recommended that staff
investigate the opportunity to use permeable pavement for parking areas, sidewalks and
trails when constructing or upgrading City facilities and infrastructure subject to site specific
conditions. This action is consistent with Policy 14.3 of the Pickering Official Plan
pertaining to the use of permeable surfaces and pervious pavement in areas such as
parking lots and sidewalks in the design of city owned properties and facilities.
On September 12, 2017, Council approved the recommendations of Report PLN 15-17,
and authorized staff to undertake an Infill and Replacement Housing in Established
Neighbourhoods Study.
That Report noted that community character is the sum of all the natural and built attributes
and assets that make a neighbourhood unique and establishes a sense of place for its
residents. Driveways (their length, width, style, location, and surface treatment) are one of
the built characteristics influencing the character. As staff undertakes that Study,
consideration will be given as to whether driveway widenings constructed with permeable
pavers influences community character.
3. Next Steps
In light of the foregoing, it is recommended that staff proceed with the following actions:
• prepare a brochure promoting the use ofpermeable pavement;
• communicate the benefits of permeable pavement through the City's website,
community page ad, eNewsletters, telephone on -hold messaging, media release, social
media, and at sustainability events;
• revise the City of Pickering Driveway Entrance Application Form to include driveway
widening;
• revise the 2018 User Fee Schedule to reflect the $100.00 permit fee to widen a
driveway;
• incorporate appropriate maximum driveway width provisions in the Comprehensive
Zoning By-law Update Study; and
• investigate opportunities to use permeable pavement for parking areas, sidewalks,
multi -use paths and trails when constructing or upgrading City facilities subject to site
specific conditions.
61
Report PLN 08-18 April 3, 2018
Subject: Driveway Widening Page 7
Attachments:
1. Resolution #384/17
2. City of Pickering Driveway Entrance Application Form
Prepared By: Approved/Endorsed By:
Grant McGregor, MCIP, RPP
/419 se„,,A5
Kyle Bentley, P.Eng.
Manager, Strategic Initiatives & Sustainability Director, City Development & CBO
GM:Id
Ri hard Ri hard H (born, P.Eng,
ect
ector, Engineering Services
Marisa to
Director, Community Services
Recommended for the consideration
of Pickering City Council
Tony Prevedel, P,Eng.
Chief Administrative Officer
fiat
62
ATTACHMENT # / TO
Legislative Services Division REPORT #
Clerk's Office
Directive Memorandum
December 15, 2017
To: Tony Prevedel
Chief Administrative Officer
From:
Subject:
Debbie Shields
City Clerk
Direction as per Minutes of the Meeting of City Council
held on December 11, 2017
Notice of Motion
Addressing Risks Associated with the Widening of Driveways
Council Decision Resolution #384/17
Whereas the demographics of the City of Pickering continue to change;
Whereas the intensification in urban areas has contributed to smaller lots;
Whereas economic factors have contributed to changes in the nucleus family;
Whereas these changes have resulted in more and more homes to increase their
available parking.by paving and or through cement interlocking over grassed areas;
Whereas issues associated with global warming and climate change continue to
impact levels of rain and/or snowfall;
Whereas unpredictable environmental conditions coupled with the decreasing amount
of grassed areas in Pickering communities has a significant impact on the storm water
management system which flows into Frenchman's Bay and Lake Ontario;
Now therefore be it resolved that staff be directed to review options of materials that
would permit absorption where a resident is considering widening their parking area;
And further develop procedures that would require residents to apply to the City of
Pickering for a permit to widen their parking area on a minimal cost recovery basis;
And report back to Council no later than the April 3, 2018 Council meeting.
Please take any action deemed necessary.
Debbie Shields
/Ir
Copy: Director, Engineering Services
Director, City Development & CBO
63
c44
DICKERING
ATTACHMENT # CDR TO
Driveway Entrance Application
Date
First Name
Street Address
City
Telephone #
Location Details
Street Address (if different from above)
Existing Entrance Width
Project Details
EI Culvert Installation
Left Side (in metres)
Last Name
Province
Email Address
Unit #
Postal Code
New Entrance Width
Q Culvert Extension
Right Side (in metres)
Q Curb Cut
Cost
Instructions
Applicants are requested to stake or mark out the limits of the requested work to help staff visualize the
extent of the project, and complete the necessary inspection. This application must be completed, signed,
and returned to the Coordinator, Roads & Infrastructure Maintenance Contracts, City of Pickering.
Completed application forms may be returned by mail, in person or fax to 905.420.4650. The information
presented will be used to facilitate the inspection and work approval process. Pending project approval, this
form will be returned to the applicant for payment process.
'Declaration
I do hereby certify that:
I am the owner herein. I am a duly.authorized agent of the owner. I am an officer/employee of the owner.
I have the authorization of the owner to make this application, and shall provide written evidence thereof, if
requested. I understand that this permit does not grant municipal approval to park on the boulevard
contrary to municipal traffic parking by-law.. The statements contained herein are true and made with a full
knowledge of all relevant matters and circumstances connected with the requested works.
Applicant's Signature Date
ENG 1302-08/22 Revised 22/02/18 Page 1 of 2
64
c46.01
PICKERING
ATTACHMENT #__ _�TO
REP0R1 1' P`-' 68-/8 Driveway Entrance Application
Office Use Only
Comments
Signed By
Corporate Services. Payment Voucher
Account Number 2320.9990
Curb Cut Location
Method of Payment
Receipt Number
$300.00
39.00 HST
$339.00 Total
D ate
Cashier's Stamp
Personal information contained on this form is collected pursuant to the Municipal Act and the Municipal
Freedom of Information and Protection of Privacy Act. This information is collected to process your
Driveway Entrance Application. Any questions related to the collection of this information should be directed
to the City Clerk, One The Esplanade, Pickering, ON L1V 6K7, 905.420.4611.
Alternate formats available upon request at 905.683.7575.
ENG 1302-08/22 Revised 22/02/18
Page 2 of 2
65