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HomeMy WebLinkAboutCS 34-19Cfy �t DICKERING Report to Executive Committee Report Number: CS 34-19 Date: October 7, 2019 From: Marisa Carpino Director, Community Services Subject: Ontario Power Generation - Licence Amending Agreement (No.2) - File: A-1440 Recommendation: 1. That the Mayor and City Clerk be authorized to execute the Licence Amending Agreement (No.2) with Ontario Power Generation, subject to minor revisions as may be required by the Director, Community Services; the Director, Finance & Treasurer, and the Director, Corporate Services & City Solicitor; and, 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: The City of Pickering and Ontario Power Generation (OPG) entered into a Licence Agreement dated June 27, 2013 and a Licence Amending Agreement dated June 26, 2018, each for a five year term, whereby OPG granted a non-exclusive licence to the City to enter upon a portion of the Lands known as Alex Robertson Park, Bay Ridges Kinsmen Park and Beachfront Park for Recreational Uses. At this time, the City wishes to expand the area of the Lands to include the newly constructed drainage ditch on the southeast corner of Bay Ridges Kinsmen Park as shown in the attached Licence Amending Agreement (No.2), as Schedule "A-2". OPG consents to amend the Licence to expand the area to include the new drainage ditch on the same terms and conditions. The term of the Licence Amending Agreement (No.2) continues to be for a five year term ending June 30, 2023. The purpose of this report is to request that the Council of the City of Pickering authorize the Mayor and City Clerk to execute the Licence Amending Agreement (No.2), as set out in Attachment 1 of this report. Financial Implications: Under the existing agreement, the City is responsible for the full cost of maintenance on the Lands used for recreational purposes, and for paying of the realty taxes or other similar charges levied against the Lands. CS 34-19 October 7, 2019 Subject: Ontario Power Generation Licence Amending Agreement (No.2) Page 2 Discussion: On June 27, 2013, the City of Pickering entered into a Licence Agreement with Ontario Power Generation for a five year term beginning July 1, 2013 and ending June 30, 2018 that grants a non-exclusive licence to the City to enter upon a portion of the Lands within Alex Robertson Park, Bay Ridges Kinsmen Park and Beachfront Park for Recreational Uses (refer to Attachment 2). As per CS 25-18, the City of Pickering entered into a Licence Amending Agreement with Ontario Power Generation subject to the same terms and conditions but for an extended five year term from July 1, 2018 to June 30, 2023 with updated aerial maps of the Lands (refer to Attachment 3). At this time, the City wishes to expand the area of the lands to include the newly constructed drainage ditch on the southeast corner of the Bay Ridges Kinsmen Park as shown in the attached Licence Amending Agreement (No.2), as Schedule "A-2". OPG consents to amend the Licence to expand the area to include the new drainage ditch on the same terms and conditions. The Licence Amending Agreement (No.2) continues to be for a five year term ending June 30, 2023. The purpose of this report is to request that the Council of the City of Pickering authorize the Mayor and City Clerk to execute the Licence Amending Agreement (No.2), as set out in Attachment 1 of this report. Attachments: 1. Licence Amending Agreement (No.2) 2. Licence Agreement, 2013-2018 3. Licence Amending Agreement, 2018-2023 CS 34-19 October 7, 2019 Subject: Ontario Power Generation Licence Amending Agreement (No.2) Page 3 W�- Rob Gagen Supervisor, Parks Operations RG:nw Approved/Endorsed By: Marisa C'pino Director, Community Services Recommended for the consideration of Pickering City Council .12P Tony Prevedel, P. Eng. Chief Administrative Officer atfic 9 CORP0227-07/Q1 revised Attachment No. 1 to CS 34-19 LICENCE AMENDING AGREEMENT (No.2) THIS "AMENDING AGREEMENT" made as of the , 2019 BETWEEN: ONTARIO POWER GENERATION INC., a corporation existing under the laws of Ontario (hereinafter called "OPG") - and - THE CORPORATION OF THE CITY OF PICKERING a corporation existing under the laws of Ontario (hereinafter called the "City") RECITALS: A. OPG and the City entered into a licence agreement dated as of June 27, 2013 and a licence amending agreement dated June 26, 2018 (collectively the "Licence"), whereby OPG granted a non-exclusive licence to the City to enter upon a portion of the Lands for Recreational Uses. B. The City wishes to expand the area of the Lands to include the newly constructed drainage ditch on the southeast corner of the Bay Ridges Kinsmen Park as shown in the revised Schedule "B — Rev. 1" attached hereto as Schedule "A-2". C. OPG and the City have agreed to amend the Licence to expand the area of the Licence to include the new drainage ditch on the terms and conditions contained herein. For value received, the parties agree as follows: 1. Interpretation Any defined term used in this Amending Agreement that is not defined has the meaning given to that term in the Licence. 2. Deletion and Replacement of Schedule "B" The Schedule "B" for Bay Ridges Kinsmen Park is hereby deleted in their entirety and replaced with the new aerial map as in Schedule "B - Rev. 1" attached hereto as Schedule "A-2". 1 3. Licence Remains in Full Force Except as herein provided, the terms and conditions of the Licence shall continue in full force and effect, unamended. This Amending Agreement is hereby ratified and affirmed by each of OPG and the City and is incorporated as part of the Licence. 4. Counterparts This Amending Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which when, taken together, shall constitute one and the same instrument. 5. Governing Law This Amending Agreement is governed by and is to be construed and interpreted in accordance with the laws of Ontario and the laws of Canada applicable in Ontario. The parties have duly executed this Amending Agreement. ONTARIO POWER GENERATION INC. THE CORPORATION OF THE CITY OF PICKERING Per: Per: Name: Name: Title: Title: I am authorized to bind the Corporation I am authorized to bind the Corporation 2 SCHEDULE A-2 \ • -k_ 4.1, N.. .--...-.......:7=-Z-'1="g• - II -I • t--• .1,, - \, •-,-_,:.1.-- 4,-,7: . • v •-• ' ___-_-,:.-....------: .... \ •. : —0- -. - ' I, p. t•--.......--•?.. -- - 11.. . ',,;,. -:.;1:5ir - t Legend 1-1 OPG Ownership The Lands Roads BAY RIDGES 5CHEDURIFILESBA1 BEN- Rev1 .RK ONTADIOPMER CRONIN Z2141,1 DETAIL "X" 3 IMP UPS lflIi;S,, I el 11 Attachment No. 2 to CS 34-19 LICENCE AGREEMENT This Agreement is made as of June 27, 2013 between ONTARIO POWER GENERATION INC., a corporation existing under the laws of Ontario ("OPG"), and THE CORPORATION OF THE CITY OF PICKERING, a corporation existing under the laws of Ontario (the "City"). Recitals A. OPG is the owner in fee simple of certain lands described as Part of Lots 20, 21 and 22, Range 3 and Part Lot 2, Plan XM I, Parts 1 2, 3, 4, and 5, Plan 40R-1019 and Parts 1 and 2, Plan R-1466, in the City of Pickering, Regional Municipality of Durham as more particularly shown on attached Schedules "A", "B" & "C". B. The City wishes to enter upon the Lands for public park purposes (the "Recreational Uses"). C. OPG has agreed to permit the City to use the Lands for the purpose of the Recreational Uses in accordance with the terms and conditions as set out below. For value received, the parties agree as follows_ 1. Interpretation 1.1 In this Agreement the following terms have the respective meanings set out below. (a) "Alex Robertson Park" means the lands located to the west of Sandy Beach Road, in the City of Pickering, and as more particularly shown outlined on Schedule "A". (b) "Applicable Laws". in respect of any person, property, transaction or event, means all applicable federal, provincial, municipal and local laws, statutes, rules, regulations. orders, guidelines, codes, by-laws, ordinances, standards, treaties, judgements and decrees applicable to that person, property, transaction or event at the applicable time and, whether or not having the force of law, all applicable approvals. requirements, requests, directives, rules. guidelines, instructions, circulars, manuals, policies and formal interpretations thereof of any governmental authority having or purporting to have authority over that person, property, transaction or event at the applicable time, including all applicable licences, authorizations and permits of the Canadian Nuclear Safety Commission. "Bay Ridges Kinsmen Park" means the lands located on the east side of Sandy Beach Road in the City of Pickering, and as more particularly shown outlined on Schedule "B". "Beachfront Park" means the lands located to the east of Liverpool Road and fronting onto Lake Ontario, in the City of Pickering, and as more particularly shown outlined on Schedule "C". "Hazardous Substance" means any substance, material, chemical, waste of any nature or thing (including asbestos. asbestos containing material, petroleum, petroleum by-products, radioactive substances, pesticides, herbicides, polychlorinated biphenyls) which is or is deemed or defined to be under Applicable Laws, alone or in any combination. hazardous, dangerous, toxic, a pollutant, a deleterious substance. a dangerous good, a designated substance, a contaminant or a source of pollution or contamination or is otherwise regulated, and includes all analogous concepts as defined in or pursuant to any Environmental Law or designated under any Environmental Law". (f) "Lands" means collectively Alex Robertson Park. Bay Ridges Kinsmen Park and Beachfront Park. (g) "Realty Taxes" is defined in Section 6. (h) "Recreational Uses" is defined in Recital B. (i) "Station" means all or any part of OPG's nuclear generating station commonly known as Pickering Nuclear Generating Station including related business operations and activities from time to time. 1.2 Schedules '`A", "B", and "C" attached hereto are incorporated into this Agreement. 2. Grant of Licence 2.1 OPG hereby grants to the City a non-exclusive licence to let certain of its employees, servants, contractors, agents and other invitees or entities including the general public to use the Lands for Recreational Uses including (a) walking, hiking, biking, snow shoeing, cross-country skiing, wildlife observation, photography, educational activities; and picnics, subject to Section 4.10, children's play areas, athletic fields (soccer, baseball, softball, football and cricket). tennis courts and associated facilities. This Agreement includes a right of ingress and egress over the Lands for the purposes set out herein. 2.2 The City acknowledges that this Agreement does not create an interest in the Lands nor does the City claim any past or present interest. howsoever arising, as a result of or connected in any way with the use and occupation of the Lands; and in consideration of the rights and privileges granted herein, the City does hereby release and revoke any claim against the Lands against OPG, its subsidiary corporations, successors and assigns. 2.3 This licence is granted only for the duration of this Agreement and only for the purposes and uses stated herein. No other purposes shall be permitted without prior approval from OPG. 2.4 The licence granted herein is not exclusive and OPG reserves the right to grant, renew or extend licenses and other interests to other third parties. 3. Term 3.1 The term of this Agreement shall commence on July 1, 2013 and shall expire at 11:59 pm on June 30, 2018, unless terminated at an earlier date as provided for herein. 3.2 This Agreement may be terminated at any time by either OPG or the City upon six (6) month's notice in writing. Upon the breach by the City of any term or condition set out herein, OPG may terminate this Agreement forthwith upon verbal or written notice. OPG shall have the right to suspend this Agreement, or halt any activities being exercised under the authority of this Agreement, for such reasonable period(s) of time if, in OPG's sole discretion, the safety of any person may be in jeopardy or any of OPG's operations at or near the Lands, including the Station, may be interfered with or in danger and OPG will not be liable to the City for any damages or loss occasioned thereby. OPG may terminate this Agreement in whole or in part at any time if the Lands or any portion of the Lands are required by OPG for its purposes or if such Lands or any portion thereof are required for the purposes of complying with any Laws, OPG will not be liable to the City for any damage or loss occasioned thereby. Upon the expiry or earlier termination of this Agreement the City shall remove any permitted structures and all other property of the City and all waste and debris from the Lands. at its own expense. and restore the Lands to a condition satisfactory to OPG, acting reasonably. 4. Condition and Use of the Lands 4.1 The City acknowledges having had the opportunity to inspect the Lands prior to entering into this Agreement and accepts the Lands '`as is. where is". 42 The City shall pay OPG a nominal licence fee, being the sum of two ($2.00) dollars per annum, the receipt and sufficiency of which is hereby acknowledged. -3- 4.3 The City will ensure that the Lands shall, at all times, be kept in a safe, neat and tidy condition satisfactory to OPG. The City agrees to maintain the Lands to a standard as would a reasonable and prudent owner of land or similar size and nature. 4.4 The City will ensure that sufficient personnel are present at all times, to manage, control and coordinate the activities of the City and to ensure vehicular, pedestrian and public safety. 4.5 The City will immediately report any damage that occurs to the Lands or Station. OPG, in its sole discretion, and at the sole expense of the City. may effect all repairs that may be necessary or require the City to effect same. 4.6 OPG may at any time upon reasonable notice (except in an emergency when no notice shall be required) enter the Lands and inspect, install, maintain, repair, replace, remove, alter, relocate or add to any of the OPG works located thereon and may construct, install, inspect, maintain. repair. replace and remove any new works on the Lands and conduct excavation without liability to the City. 4.7 The City agrees not to permit, bring, cause or allow to be brought or remain in or upon the Lands any activities, uses, matters or substances of a hazardous, offensive or toxic nature and to not cause or permit any nuisance (public or private) or damage in, on or to the Lands or adjacent lands of OPG. Where in the opinion of OPG, a nuisance or damage exists and OPG requires the City to do so, the City will forthwith abate the nuisance or damage and clean up the Lands. The City shall pay for the costs of all remedial action considered necessary by OPG to abate any hazard nuisance, or offensive activity that the City has failed to rectify or any damage or adverse impact to the Lands or adjacent lands of OPG arising from or attributable to activities, uses or conduct of the City or its permittees or members of the public. 4.8 Subject to Section 3, the City acknowledges that the erection, installation or alteration of any structure on the Lands. including any signs, or any alteration of the grounds of the Lands (including grading). requires the prior written approval of OPG_ 4.9 The City shall not interfere in any way, any works, equipment or facilities of OPG, including the Station, or Hydro One Networks Inc. now existing or hereinafter constructed on, adjacent to or near the Lands, and without limiting the generality of the foregoing, the City shall ensure that the height of any vehicle, load or object, including attachments, or people standing thereon, under, at or near any electrical conductors or transmission or distribution lines will not exceed 4.115 m (I3.5") above the existing grade. 4.10 The use of open flames and flammable, toxic or explosive materials on the Lands is strictly prohibited. Smoke machines using a non-toxic, non -irritating substance, simulated gunfire and other special equipment may only be used. for purposes of creating certain special effects, as approved by OPG. 4.11 The City shall prohibit kite and model aeroplane flying and any other activities which in the opinion of OPG might interfere with the safe and efficient operation of its works or be offensive, annoying or dangerous and shall post signs in locations on the Lands approved in writing by OPG, stating that kite flying and model aeroplane flying and other activities are prohibited. 4.12 The City shall post signs which shall inform all employees, servants, contractors, agents of the City and all other persons or entities (including the general public) that the Lands form part of the Station, and as such, all activities on the Lands are subject to the rules, regulations and orders of OPG. The content, number and location of the signs shall be subject to the prior written approval of OPG. acting reasonably. 4.13 The Coy acknowledges that OPG has an employee recreational club which is called the Pickering Association of Recreational Clubs (the "PARC"). The City agrees that the PARC shall be entitled to participate in the allocation of time slots for the Lands, in accordance with the City's guidelines and procedures governing the allocation of time slots, during each calendar year of the term of this Agreement -4- 5. Parking 5.1 Parking shall only be permitted on the Lands at the locations indicated on the attached Schedules "A" and "B" (the "Parking Areas"). There is no parking permitted within Beachfront Park. 5.2 The City shall, at its own expense, erect and maintain suitable barriers around the Parking Areas to clearly identify the Parking Areas from the surrounding lands. 5.3 The City acknowledges and agrees that the parking of vehicles on any of OPG's lands adjacent to the Lands, at any parking facility located near the Lands, including the parking lot located at the facility known as the OPG Pickering Learning Centre, or alongside any roads at or near the Lands is strictly prohibited. Vehicles parked in breach of this section may be tagged and/or towed at the owner's expense. OPG will not be liable for any damages, expenses or losses occasioned thereby and the City hereby indemnifies OPG for any and all such damages, expenses or losses. 6. Realty Taxes 6.1 The City shall pay to OPG during the term of this Agreement, and within a reasonable period of time after demand thereof, an amount equal to all amounts paid or payable by OPG on account of any realty taxes or grants or payments in lieu thereof, rates, fees or other assessments or payments in lieu thereof. that are attributable to the Lands (the "Realty Taxes") together with any applicable HST. The Realty Taxes for any partial calendar year at the start or expiry or termination of the Term will be calculated and payable for such calendar year on a per diem basis for such part of such calendar year. The City acknowledges that Realty Taxes for each calendar year of the Term shall be determined by OPG based on the tax rates applicable to the Lands for the relevant year. 7. Insurance 7.1 The City shall purchase and maintain throughout the term of this Agreement, commercial general liability insurance which shall include coverage for personal injury (including death) and property damage. including loss of use thereof. all on a per occurrence basis, with respect to the use and occupation of the Lands by the City, its employees, representatives and invitees permitted by the City to use the Lands (including members of the public), with a limit for any one occurrence or claim of not less than 510,000,000.00, which amount may be increased if OPG, in its sole discretion, so requires. Such insurance shall (I) name OPG as an additional insured, (2) contain a severability of interests and a cross-Iiability clause, (3) contain a waiver of any subrogation rights which the City's insurers would have against OPG or any person for whom OPG is in law responsible, and (4) specify that it is primary coverage and not contributory with or in excess of any insurance coverage maintained by OPG. The City shall provide evidence of such insurance to OPG upon request. 7.2 All policies will contain an undertaking by the insurers that no material change, cancellation or termination of any policy will be made unless OPG has received at least thirty (30) days prior written notice of the change, delivered by courier or by registered mail to OPG at the address provided for notice under this Licence. 7.3 If the City at any time fails to take out, keep in force or pay the premiums on any insurance as required in this Licence, or if the City fails from time to time to deliver to OPG satisfactory proof of the good standing of any such insurance or the payment of premiums as required in this Licence then OPG will, without prejudice to any of its other rights and remedies under this Licence, have the right, but not the obligation, to place such insurance on behalf of the City. This cost together with alt expenses incurred by OPG and an amount equal to 15% of those costs and expenses to cover OPG's overhead and supervision will be paid by the City to OPG upon demand. 8. Liability 8.1 The City shall assume full responsibility for (i) the acts or omissions of its employees, servants, contractors, agents and all other persons or entities permitted by the City to use -5— the Lands (including the general public); and (ii) the safety of its employees, servants, contractors, agents and all other persons or entities permitted by the City to use the Lands. 8.2 The City assumes all liability and obligation for any and all loss. damage or injury (including death) by accident or otherwise. to all persons or property, howsoever arising, as a result of or connected in any way with the use and occupation of the Lands by the City, its employees, servants. contractors. agents and all other persons or entities permitted by the City to use the Lands (including the general public) or that would not have occurred but for this Agreement: and in consideration of the rights and privileges granted herein. the City does hereby release and forever discharge OPG. its subsidiary and affiliated corporations, successors and assigns and all persons acting on its or their behalf, from all claims, actions, demands or other proceedings in respect thereof; and in further consideration of the same, the City hereby agrees to indemnify OPG, its subsidiaries. its successors and assigns and all persons acting on its or their behalf, from all such claims, actions, demands or other proceedings and all expenses and costs occasioned thereby or connected therewith. 9. Compliance 9.1 The City will comply at all times with all Applicable Laws. The City shall also comply with any and all rules, regulations and requirements as may be prescribed by OPG from time to time. The City shall comply with all instructions and orders issued from time to time by OPG and all persons acting on its behalf including instructions and orders to suspend or halt any activity on the Lands if, in OPG's sole discretion. the Lands or any of OPG's operations at, adjacent or near the Lands may be interfered with or in danger, if the safety of any person may be in jeopardy or any activity on the Lands is not being carried out in accordance with the terms of this Agreement. OPG will not be liable to the City for any damages or loss occasioned thereby. 9.2 In the event OPG considers it necessary that any of the Lands be fenced or otherwise protected or made separate, the City shall, upon notification in writing by OPG, at its own expense erect and maintain such fences or other protective installations. The City will not perform any snow ploughing, piling or removal and shall not permit snow to be ploughed or piled on the Lands or on any adjoining lands owned or operated by OPG. 10. Notice 10.1 Any notice, approval, demand, direction, instruction, consent, request. document or other communication required or permitted to be given under this Agreement ("Notice") may be delivered in person, by courier or by fax to the applicable party, as follows: If to OPG, Ontario Power Generation Inc. Real Estate Services 700 University Avenue, H18 D8 Toronto, Ontario, M5G 1X6 Attention: Manager, Real Estate Services Fax: (416) 592-8115 if to the City. The Corporation of the City of Pickering Operations and Emergency Services Department One The Esplanade Pickering, Ontario. LIV6K7 Attention: Richard Holborn, Director, Engineering and Public Works Fax: (905) 420-4650 or to any other address, fax number or individual that a party designates by Notice. Any Notice under this Agreement, if delivered personally or by courier will be deemed to have been given when actually received_ if delivered by fax before 3:00 p.m. on a business day will be deemed to have been delivered on that business day, and if delivered by fax after 3:00 p.m. on a business day or on a day which is not a business day will be deemed to be delivered on the next business day. -6- 11. Prior Agreements 1 I.1 This Agreement constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior agreements_ negotiations. discussions. representations, warranties and understandings, whether written or verbal, including the following agreements which are hereby revoked: (a) Licence between Ontario Hydro and The Corporation of the Town of Pickering dated April 27, 1987 with a term of twenty-five (25) years, in relation to that portion of Bay Ridges Kinsmen Park currently being used for Soccer Pitch Fields 1, 2. 3 and 4 on Schedule '13" and recorded in OPG's records as P421795; and (b) Licence Agreement between Ontario Power Generation and The Corporation of the City of Pickering dated April 3. 2006 with a term of five (5) years (P901485) in relation to that portion of Bay Ridges Kinsmen Park currently being used for the 2 southern -most Baseball Diamonds on Schedule "B" and recorded in OPG's records as P901485. 12. General Terms 12.1 The division of this Agreement into sections and the insertion of headings are for convenience of reference only and are not to affect the construction or interpretation of this Agreement. Words importing the singular include the plural and vice versa. The term "including" means including without limitation", and the terms "includes" and "included" have similar meanings. The term "entity" means any individual, sole proprietorship. partnership, corporation, limited liability company, trust, joint venture, governmental authority or any other incorporated or unincorporated entity or association of any nature. This Agreement is governed by, and is to be construed and interpreted in accordance with, the laws of Ontario and the laws of Canada applicable in Ontario. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Ontario in respect of any matter relating to this Agreement. If any term of this Agreement is or becomes illegal, invalid or unenforceable, the illegality, invalidity or unenforceability will be deemed severable and will not affect any other term of this Agreement. The City may not assign this Agreement without the prior written consent of OPG. This Agreement enures to the benefit of and binds the parties and their respective successors and assigns. No term of this Agreement may be amended or waived except in writing. No failure to exercise, and no delay in exercising, any right or remedy under this Agreement will be deemed to be a waiver of that right or remedy. No waiver of any breach of any term of this Agreement will be deemed to be a waiver of any subsequent breach of that term. The parties have duly executed this Agreement. ONTARIO POWER GENERATION INC. THE CORPORATION OF THE CITY OF P RING /a , Name: ay Davies ame: Richard oiborn Title: Real Estate Strategy Manager Title: Director, Engineering and Pu,- ' Works I have the authority to bind the Corporation. 1 have the authority to bind the Corporation. - 7 — JEP I ••• c"'o,,/•t,„ 1.• RItG 7-• (./ OPG -P '•:,,::-I f ; ;',;:' ,.-..' ri.:.--.' 1.t;,..., _I, "., ' .. ,",„: - i , ',-1., ,, '',-- , . ,::,1--... I ----' '-''-j-`•::..'::7:::,11.„:,- :,',,,:2"-,,aR;riF 375hREA --\'- = .1 ,.•'..-;;.17 ;;E:_if:,:',...:..:. -•,;1.,-- p„„),1.....,1::._;:,1„. i 7 f, ---;•1•-,-'-'':',V-.•,:„.:'-'; :::,/:•:,i',. --,_•'„:"i,—,"4,"3,1.41 ' `,---''' f:,:,,--'.1:,-.1:-.';',-:'7'.:•;,::::'-:;') :',:.': i, '--7--,',' r,,,,,;?ii '!:—.- 1 '" '''' ';'-,'::',-",-.':.".2, -. : , „n•-' ',:-,-,,,,—;:li _—:' •". Jli ''', - ' ' - - it-- P "•-;EF.P.•;ICF,S DEM: ATTACHMENT FOR OPERATIONS & EMERGENCY SERVICES REPORT SC—f EMILE 'A' - ALEX ROBERTSON PARK ..)011E ,2t1a; r:tn-cs.crtoevr �.is'.: ram�� s.asar was 1 AREA= 3.1 ha_ a. 77acre . I/ 1 ■ r " . —. •—� y 6.1 ha. S_0 acre 1 1 113 If AREA /1 3.9 ha, I 9.6 acre C K rI ..���� ' 1 ��: rr;E A,eeec�K uac . , L �r .z__. ' l AREA 1 VII 11.1-110,1111111,f11.1r1Ne lam wig , N� ....ReeYEvr,,c 3.8 ace �t 1 ATTACHMENT FOR OPERATIONS & EMERGENCY SERVICES REPORT SO-ELXLE"8 -HAY RIDGES KINSMEN PA.Rf% -9- czczcssw OPG-PICKERING Ih'C. ..— KIT* LOT r" *8 i 8,......+ OA) 0,- ?�� ♦� � �F�^Gy�c ♦♦ 4'F',S, • AREA = �� ♦♦ ♦♦ 2.5 ha. 1 �- •♦ ♦ '> 62 acre V Alk , ♦♦ ♦♦88 ,, L `. 1 ATTACHMENT FOR OPERATIONS & EMERGENCY SERVICES REPORT SC4Mtn. E "C" - SEAO-M4ONTPARK Attachment No. 3 to CS 34-19 LICENCE AMENDING AGREEMENT THIS "AMENDING AGREEMENT" made as of the R-4, , 2018 BETWEEN: ONTARIO POWER GENERATION INC., a corporation existing under the laws of Ontario (hereinafter called "OPG") - and - THE CORPORATION OF THE CITY OF PICKERING a corporation existing under the laws of Ontario (hereinafter called the "City") RECITALS: A. OPG and the City entered into a licence agreement dated as of June 27, 2013 (the "Licence"), whereby OPG granted a non-exclusive licence to the City to enter upon a portion of the Lands for Recreational Uses. B, The City wishes to extend the term of the Licence. C. OPG wishes to replace the Schedules "A", "B" and "C" of the Licence (the "Schedules") with the new aerial map to describe the Lands attached hereto as Schedule "A-1" D. OPG and the City have agreed to amend the Licence to replace the Schedules and extend the Term of the Licence on the terms and conditions contained herein. For value received, the parties agree as follows: 1. interpretation Any defined term used in this Amending Agreement that is not defined has the meaning given to that term in the Licence. 2. Deletion and Replacement of the Schedules "1 -'he Schedules are hereby deleted in their entirety and replaced with the new aerial maps attached hereto as Schedule "A-1" for Alex Robertson Park as in Schedule "A", lay Ridges Kinsmen Park as in Schedule "B" and Beachfront Park as in Schedule "C". 3. Term The term of the Licence is hereby extended and shall expire at 11:59 pm on June 30, 2023, unless terminated at an earlier date as provided for in the Licence. 4. Licence Remains in Full Force Except as herein provided, the terms and conditions of the Licence shall continue in full force and effect, unamended. This Amending Agreement is hereby ratified and affirmed by each of OPG and the City and is incorporated as part of the Licence. 5. Counterparts This Amending Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which when, taken together, shall constitute one and the same instrument. 6. Governing Law This Amending Agreement is governed by and is to be construed and interpreted in accordance with the laws of Ontario and the laws of Canada applicable in Ontario. The parties have duly executed this Amending Agreement. ONTARIO POWER GENEILATION INC. THE CORPORATION OF THE CITY OF PICKERING Per: Name: R4 Dom,.• -1 Title: ,j y,,e "`-00,0r-- I am authorized to bind the Corporation. 2 Per: Name: T.tl1Q Title: rYla_ n Per: Q • Jlf Name:12-lalo aloe/s Title: Z 4 -f -i l a E I am authorized to bind the Corporation W .0„ Pats n8„ `„1's, gV1P IPS „I -y„ aiT1PayPS 4 5