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HomeMy WebLinkAboutENG 03-24Report to Executive Committee Report Number: ENG 03-24 Date: March 4, 2024 From: Richard Holborn Director, Engineering Services Subject: Amberlea Tennis Club and Pickering Pickleball Club Inc. Licence Agreements Shadybrook Park, Tennis Court Expansion – Tender No. T2023-14 - File: A-1440 Recommendation: 1. That the Mayor and City Clerk be authorized to execute the Licence Agreement with Amberlea Tennis Club submitted as Attachment 1 of Report ENG 03-24, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; 2. That the Mayor and City Clerk be authorized to execute the Licence Agreement with Pickering Pickleball Club Inc. submitted as Attachment 2 of Report ENG 03-24, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; 3. That Tender No. T2023-14 for the Shadybrook Park Tennis Court Expansion as submitted by Zilli Construction Ltd. in the total tendered amount of $248,261.00 (HST included) be accepted; 4. That the total gross project cost of $291,669.00 (HST included), including the tendered amount, a contingency and other associated costs, and the total net project cost of $262,657.00 (net of HST rebate) be approved; 5. That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $262,657.00 as follows: a) the sum of $196,993.00 available budget in capital project C10320.2318 as approved in the 2023 Capital Budget to be funded by a transfer from Development Charges – City’s Share Reserve; b) the sum of $65,664.00 available budget in capital project C10320.2318 as approved in the 2023 Capital Budget to be funded by a transfer from the Development Charges Reserve Fund – Parks & Recreation Services; and, 6. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. ENG 03-24 March 4, 2024 Subject: Amberlea Tennis Club and Pickering Pickleball Club Inc. Licence Agreements Shadybrook Park, Tennis Court Expansion, Tender No. T2023-14 Page 2 Executive Summary: The purpose of this report is to provide an updated Licence Agreement with the Amberlea Tennis Club (ATC), to provide a new Licence Agreement for the Pickering Pickleball Club Inc. (PPC), and to obtain authorization to award Tender No. T2023-14 for the contract for the expansion of the Amberlea Tennis Club facilities located in Shadybrook Park tennis court expansion, to Zilli Construction Ltd. As per Council Resolution #935/22, that subject to approval of the design and construction of the third court at Shadybrook Park for tennis and pickleball, staff be required to update the lease agreement with Amberlea Tennis Club and return it for Council’s approval. During the review of the current lease agreement, Legislative Services has recommended the ATC lease agreement be converted to a licence agreement. The recommendation is based on the usage of the facility. While a lease provides the tenant with exclusive interest in the property, a licence grants permission for the licensee to conduct an action on the property. Both ATC and PPC will be granted permission to conduct activities of their clubs at the Shadybrook Park Courts, making a licence agreement more appropriate. Board members from ATC and PPC have requested separate licence agreements for each club, rather than pickleball’s inclusion in the updated ATC licence agreement. This allows members to play their desired sport, with full insurance coverage under each sport’s governing body. As a result, a new separate Licence Agreement was created for PPC. As part of the 2023 Capital Budget, Council approved funds for the construction of an additional Tennis/Pickleball Court at Shadybrook Park. Staff consulted with ATC and PPC and prepared a design that will accommodate one tennis or four pickleball courts in the same space, delineated with different colour lines on the acrylic surfacing. The tennis court netting and posts will be permanently installed at center court while the pickleball courts will use portable nets for their play, running in the opposite direction to the tennis court, with two courts per side. Tender No. T2023-14, for the court expansion was advertised on Bids & Tenders on December 5, 2023 and closed on January 9, 2024, with 22 bidders responding. The lowest compliant bid of $248,261.00 (HST included) submitted by Zilli Construction Ltd. is recommended for approval. The total gross project cost which includes the tendered amount, a contingency and other associated costs, is estimated at $291,669.00 (HST included) and the total net project cost is estimated at $262,657.00 (net of HST rebate). The Engineering Services Department recommends the acceptance of the lowest compliant bid submitted Zilli Construction Ltd. for Tender No. T2023-14 in the amount of $248,261.00 (HST included) and that the total net project cost of $262,657.00 (net of HST rebate) be approved. Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority to Advance Innovation & Responsible Planning to Support a Connected, Well-Serviced Community and to Advocate for an Inclusive, Welcoming, Safe & Healthy Community. ENG 03-24 March 4, 2024 Subject: Amberlea Tennis Club and Pickering Pickleball Club Inc. Licence Agreements Shadybrook Park, Tennis Court Expansion, Tender No. T2023-14 Page 3 Financial Implications: 1. Tender Amount Tender No. T2023-14 $219,700.00 HST (13%) 28,561.00 Total Gross Tender Amount $248,261.00 2. Estimated Project Cost Summary Shadybrook Park, Tennis Court Expansion Tender No. T2023-14 $219,700.00 Associated Costs Electrical Consulting (Kirkland Engineering) Materials Testing Allowance 7,050.00 5,000.00 Contingency (12% of Tender No. T2023-14) 26,364.00 Sub Total – Costs $258,114.00 HST (13%) 33,555.00 Total Gross Project Cost $291,669.00 HST Rebate (11.24%) (29,012.00) Total Net Project Cost $262,657.00 3. Approved Source of Funds – 2023 Parks Capital Budget Expense Code Source of Funds Budget Available Required C10320.2318.01- 504700 Reserve-DC’s City’s Share DC Reserve Fund – Parks & Recreation Services $300,000.00 100,000.00 $196,993.00 65,664.00 Total $400,000.00 $262,657.00 Net Project Cost under (over) Approved Funds $137,343.00 ENG 03-24 March 4, 2024 Subject: Amberlea Tennis Club and Pickering Pickleball Club Inc. Licence Agreements Shadybrook Park, Tennis Court Expansion, Tender No. T2023-14 Page 4 Discussion: The purpose of this report is to provide an updated Licence Agreement with the Amberlea Tennis Club (ATC), to provide a new Licence Agreement for the Pickering Pickleball Club Inc. (PPC), and to obtain authorization to award Tender No. T2023-14 Shadybrook Park tennis court expansion, to Zilli Construction Ltd. Amberlea Tennis Club and Pickering Pickleball Club Inc. Licence Agreements At the Council meeting of February 28, 2022, Council received correspondence Corr. 11-22 (Attachment 3) from ATC requesting the construction of a third court at Shadybrook Park that could be used jointly for tennis and pickleball. Through Resolution #825/22 (Attachment 4) Council directed staff to discuss ATC’s proposal; conduct an engagement of the residents who reside in the Amberlea community near the Park; and to identify possible funding sources for construction. Based on the community feedback in support of a third court, the request by ATC, and ongoing demand for pickleball courts, staff recommended in Report CS 11-22that Council endorse the proposed plan to design and construct a third court at Shadybrook Park for tennis and pickleball. Subject to Council’s approval to design and construct the third court, staff would update the lease agreement with ATC and return it for Council’s approval. As per Council Resolution #935/22 (Attachment 5), City staff have prepared an update to the existing lease agreement with ATC. ATC is an incorporated, not for profit volunteer run club with an existing lease agreement that allows exclusive use of the two tennis courts at Shadybrook Park. ATC offers a variety of lessons, leagues, and social events for all ages and all skill levels. The current cost of membership is $30.00 for adults and $20.00 for juniors. There were 257 members for the 2023 season. PPC is a newly incorporated, not for profit, volunteer run club with approximately 500 members. PPC membership allows players to participate in lessons, house league and social events as well as affiliation with Pickleball Ontario and Pickleball Canada. ATC and PPC have worked together to develop a shared schedule for use of the third court (Court 3). Fifty-nine hours per week are available for pickleball court time, 53 hours per week are available for tennis court time. ATC and PPC have agreed to a 50/50 allocation of the day-to-day costs to operate on Court 3, which includes program supplies and administrative costs. The Clubs have agreed to a 50/50 allocation of funds required to supply, maintain, repair and/or replace furniture, windscreens and appliances, in order to operate activities. The Clubs shall jointly pay the annual charges for hydro use to Court 3 as per the City’s General Municipal Fees By-law. The ATC and PPC will each maintain insurance in the amount of two million dollars, naming the City as an additional insured. ENG 03-24 March 4, 2024 Subject: Amberlea Tennis Club and Pickering Pickleball Club Inc. Licence Agreements Shadybrook Park, Tennis Court Expansion, Tender No. T2023-14 Page 5 Staff recommends that each Licence Agreement included as Attachments 1 and 2, be initiated for a term beginning April 1, 2024 and ending December 31, 2028. Shadybrook Park, Tennis Court Expansion Tender Tender No. T2023-14, for the Shadybrook Park Tennis Court Expansion, was advertised on Bids & Tenders on December 5, 2023 and closed on January 9, 2024, with 22 bidders responding. The low bid of $248,261.00 (HST included) submitted by Zilli Construction Ltd. is recommended for approval. The total gross project cost which includes the tendered amount, a contingency and other associated costs, is estimated at $291,669.00 (HST included) and the total net project cost is estimated at $262,657.00 (net of HST rebate). All required pre-conditions of award have been received and approved. Upon careful examination of all tenders and relevant documents received, the Engineering Services Department recommends the acceptance of the low bid submitted Zilli Construction Ltd. for Tender No. T2023-14 in the amount of $248,261.00 (HST included) and that the total net project cost of $262,657.00 (net of HST rebate) be approved. Attachments: 1. Draft Licence Agreement with Amberlea Tennis Club 2. Draft Licence Agreement with Pickering Pickleball Club Inc. 3. Council Correspondence Corr.11-22 from Amberlea Tennis Club dated January 23, 2022 4. Council Resolution #825/22 5. Council Resolution #935/22 6. Location Map ENG 03-24 March 4, 2024 Subject: Amberlea Tennis Club and Pickering Pickleball Club Inc. Licence Agreements Shadybrook Park, Tennis Court Expansion, Tender No. T2023-14 Page 6 Prepared By: Approved/Endorsed By: Karen Coleman Laura Gibbs, MBA, MSc. Manager, Fitness, Courts & Aquatics (Acting) Director, Community Services Arnold Mostert, OALA Richard Holborn, P. Eng. Manager, Landscape & Parks Development Director, Engineering Services Cathy Bazinet, NIGP-CPP Stan Karwowski, MBA, CPA, CMA Manager, Procurement Director, Finance & Treasurer AM:mjh Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Original signed by:Original Signed by: Original signed by:Original signed by: Original signed by:Original signed by Original signed by: 1 Licence Agreement This Licence Agreement is made as of the 1st day of April 2024 Between: The Corporation of the City of Pickering (the "City") -and - Amberlea Tennis Club (the "Club") Article I Interpretation Recitals: 1. Whereas arrangements have been agreed to and finalized as between theAmberlea Tennis Club and the Pickering Pickleball Club Inc. in relation to theshared use of the proposed third court expansion, it is acknowledged by the parties hereto that this agreement is replacing the earlier lease agreement dated July 1st, 2023 2. Whereas the Club has requested to use the two tennis courts (three once theexpansion referred to in section 45 is complete) practice area, and storage bunkers,within Shadybrook Park as shown on Schedule “A” and “B” attached hereto, located at 1905 Shadybrook Drive, in the City of Pickering, Region of Durham andwhereas these tennis courts shall hereinafter be referred to as the “licencedpremises”. 3.The Club has agreed to use the licenced premises on a seasonal basis for the purposeof operating their non-profit tennis club. 4.The City has agreed to grant to the Club a seasonal licence subject to the terms and conditions contained in this agreement, permitting the Club to access and use thelicenced premises for the purpose of operating its non-profit tennis club. Thereforein this agreement the “City” is the Licensor and the “Club” will be the Licensee. Definitions 5.In this Agreement, a)"Commencement Date" means April 1st, 2024; b)"Licenced Premises" means that portion of the two tennis courts (two tenniscourts and one multi-use court once the expansion is complete), practice area,storage bunkers, within Shadybrook Park therein as shown on Schedule “A” and “B” attached hereto, located at 1905 Shadybrook Drive, in the City ofPickering, Regional Municipality of Durham; c)"Licence Fee" means the fee payable pursuant to Section 22; and d)"Term" means the term of this Licence Agreement as set out in Section 18. Attachment 1 to Report ENG 03-24 2 Headings 6.The division of this Agreement into articles, sections, subsections and schedules andthe insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. Severability 7.All of the provisions of this Agreement are to be construed as covenants even wherenot 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 Agreement and the remaining provisions of this Agreement shall remain in force. Governing Law 8.This Agreement shall be governed by, and interpreted and enforced in accordancewith, the laws in force in the Province of Ontario. Entire Agreement 9.This Agreement constitutes the entire agreement between the parties concerning thePremises and may only be amended or supplemented by an agreement in writingsigned by both parties. Article II Grant and Use Grant of Licence 10.(a) In consideration of the performance by the Club of its obligations under thisAgreement, the City grants permission to the Club to use the licenced premises during the Term on a seasonal basis. The Club acknowledges its right to use the seasonal, portable washrooms facilities is non-exclusive. (b)The Club acknowledges that this agreement does not create an interest in the licenced premises nor does the Club claim any past or present interest,howsoever arising, as a result of or connected in any way with the use of thelicenced premises. (c)The licence granted herein is only for the duration of this agreement and only forthe purposes and uses stated herein. No other purposes or use shall be permitted without prior written approval from the Director of CommunityServices. Club Use of Premises 11.Subject to paragraph 45, the Premises shall be used only for Amberlea’s non-profittennis club, at its expense and for no other purpose without the prior written consent of the City which consent may be withheld by the City in its sole discretion. 3 Nuisance 12. The Club shall not carry on any activities or do or suffer any act or thing that constitutes a nuisance or which is offensive or an annoyance to the City or other users of Shadybrook Park. City Use of Premises 13. It is acknowledged that if the Club for whatever reason is not actively using the licenced premises then this agreement shall be considered to be terminated and the City shall be free to use the licenced premises for its own purposes. The Club shall not be entitled to receive any rental fees or any other type of remuneration associated with the use of the Premises by the City or any other party. Assignment 14. The Club shall not assign this Licence without the prior written consent of the City. Licences 15. The Club may not grant licences to any other party to use the licenced Premises. 16. The Club shall submit their annual financial statement to the City by December 1st of each year. 17. The Club shall submit a list of the Club Board of Directors and their contact information to the City by December 1st of each year. Article III Term Term 18. The term of this Licence shall be four (4) years from the Commencement Date to December 31st, 2028 from January 1st to December 31st each year. 19. The City may terminate this Licence at any time for any reason provided it has given the Club six (6) months prior notice in writing. 20. The Club may terminate this Licence at any time for any reason provided it has given the City six (6) months prior notice in writing. Overholding 21. If the Club continues to use the Premises after the expiry of the Term, there shall be no tacit renewal of this Agreement or the Term, notwithstanding statutory provisions or any legal presumption to the contrary, and the Club shall be deemed to be trespassing. 4 Article IV Licence Fee Licence Fee 22.The Club shall pay to the City as a licence fee for the entire Term in lawful money of Canada the sum of One (1) Dollar ($1.00) Utilities 23.The Club shall pay annual charges to the City for each of the tennis courts on site forhydro use. This amount shall be paid on or before April 1st in each year of the term.Annual charges are subject to The General Municipal Fees By-law. Article V Maintenance, Repairs and Alterations of the Licenced Premises 24.The Club shall maintain and operate the Premises so that they shall always be ofgood appearance, tidy, clean, safe and suitable for the proper operation of the Premises. 25.The Club shall provide general maintenance services to the Premises at its expenseand shall provide all necessary cleaning and maintenance supplies and cleaningequipment related to the courts and any associated building under their exclusiveuse. 26.The Club, at its sole expense shall provide the court nets and any shade screening. This would include installation, removal and storage each year. 27.The City or its designate, shall be responsible for all day-to-day operating expensesincluding garbage removal, bleachers, benches, fencing, any building associated withuse of the courts, lighting and the court surface life cycle replacement. 28.The Club shall be responsible for any damages or costs incurred due to the misuse or negligence of the Club, its employees, invitees, servants, agents, or others underits control and the Club shall pay to the City on demand the expense of any repairsincluding the City’s reasonable administration charge necessitated by suchnegligence or misuse. 29.The Club shall immediately notify the City of any unsafe conditions on the Premises. Security 30.The Club shall be responsible for the gate lock and shall ensure that the gate isproperly locked at the end of each day during the tennis season. The Club willensure that any key or combination to any lock are provided to the City formaintenance and inspection access. Alterations/Improvements to Premises 31.The Club shall only be permitted to make alterations and improvements to the Premises that have been approved by the City. 5 Article VI Insurance and Indemnity Club's Insurance 32. The Club, at its sole cost and expense, shall take out and maintain, a) insurance upon property owned by it which is located on the Premises; and b) commercial general liability insurance pertaining to the Club's liability to others in respect of injury, death or damage to property occurring upon, in or about the Premises. Such insurance to be of an amount which is reasonable and sufficient having regard to the scope of the risk and the current practice of prudent owners of similar premises for the carrying on of similar businesses, but in any event in an amount not less than two million dollars ($2,000,000.00) for claims arising out of one occurrence. Such policy shall also name the City as an additional named insured and may not be cancelled unless prior notice by registered letter has been given to the City by the insurer 30 days in advance of the expiry date. 33. Prior to the Commencement Date, the Club shall file with the City a Certificate of Insurance in a form satisfactory to the City Treasurer, verifying that the commercial general liability insurance policy is in effect and setting out the essential terms and conditions of the insurance. 34. The provision of the insurance policy required by this section shall not relieve the Club from liability for claims not covered by the policy or which exceed its limits, if any, for which the Club may be held responsible. Insurance Risks 35. The Club shall not do, omit to do, or permit to be done or omitted to be done upon the Premises anything that may contravene or be prohibited by any of the City's insurance policies in force from time to time covering or relevant to any part of the Premises or which would prevent the City from procuring its policies with companies acceptable to the City. If the conduct of business in the Premises or any acts or omissions of the Club on the Premises causes or results in any increase in premiums for any of the City's insurance policies, the Club shall pay such increase to the City. Indemnification 36. Each of the City and the Club shall indemnify and save harmless the other 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 party being indemnified shall or may become liable by reason of any breach, violation or non-performance by the party so indemnifying of any covenant, term or provision of this Licence agreement or by reason of any damage, injury or death occasioned to or suffered by any person or persons including the City or the Club, as the case may be, or any property by reason of any wrongful act, neglect or default on the part of the party so indemnifying or any of those persons for whom it is in law responsible. For greater 6 certainty, the limitation of liability set out above in this section does not extend to claims, losses or damages resulting in whole or in part from the gross negligence or willful misconduct of the party claiming indemnification, its employees or those for whom it is in law responsible. Article VII Remedies on Default City's Right to Remedy Default 37.In addition to all other remedies the City may have under this Agreement and in law, ifthe Club is in default of any of its obligations under this Agreement, and such default has continued for a period of ten (10) days after receipt of notice by the Club (or suchlonger period as may be reasonably required in the circumstances to cure suchdefault, 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 suchdefault, may remedy such default and the Club shall be responsible for all such costs. In addition, if the Licensee fails to remedy any default or breach within 10 days ofbeing notified of the default or breach the Licensor may then immediately terminatethis agreement. Waiver 38.No condoning, excusing or overlooking by the City of any default, breach or non- observance by the Club at any time or times in respect of any covenant, obligationunder this Agreement shall operate as a waiver of the City’s rights hereunder inrespect of any continuing or subsequent default, breach or non-observance, or so asto defeat or affect in any way the rights of the City in respect of any such continuingor subsequent default or breach, and no waiver shall be inferred from or implied by anything done or omitted by the Club save only an express waiver in writing. Article VIII Miscellaneous Quiet Enjoyment 39.The City shall permit the Club to peaceably use and enjoy the Premises during theTerm without any interference from the City, or any person lawfully claiming by, from or under the City provided the Club is not in default. Right of Entry 40.The Club agrees to permit the City and authorized representatives of the City to enterthe Premises as the City deems necessary, including for the purpose of inspectingand maintaining the premises.. The City shall use its best efforts to minimize the disruption to the Club's use of the Premises during any such entry. Signs 41.The Club may only erect signs on the Premises with the City’s prior approval. Allsuch signs shall be removed from the Premises at the end of the Term. 7 Compliance with Laws 42.The Club, at its sole cost and expense, shall comply with all legal requirements(including statutes, laws, by-laws, regulations, ordinances, orders, rules and regulations of every governmental authority having jurisdiction) that relate to the useof the Premises by the Club or the making of any improvements to the Premises bythe Club. Notice 43.Any notice required to be given by the City to the Club under this Agreement shall be in writing and shall be delivered to or such other address of which the Club hasnotified the City in writing, and any such notice delivered shall be deemed good andsufficient notice under the terms of this Lease. Contact: Henrik Villumsen, PresidentEmail: Villumsen_henrik@yahoo.dk Address: 1831 Fairport Rd, Pickering, ON L1V 1T2 44.Any notice required to be given by the Club to the City under this Agreement shall bein writing and shall be delivered to The Corporation of the City of Pickering, PickeringCivic Complex, One The Esplanade, Pickering, Ontario (Attention: City Clerk) or suchother address of which the City has notified the Club in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of thisAgreement. Third Court Expansion 45.It is anticipated that a 3rd (third) multi-use court will be constructed at Shadybrook Parkin the spring of 2024. Once construction of the third-court expansion at Shadybrook Park is complete as per Schedule B, it is acknowledged and agreed that AmberleaTennis Club will be sharing the new multi-use court with Pickering Pickleball Club Incand the time and hours on the new multi-use court will be split in accordance withSchedule C to this agreement. These two (2) clubs will share the operating costs ofthe new multi-use court, including the hydro charge, on a 50/50 division (Amberlea Tennis Club will remain 100% responsible for the operating costs of the other twocourts). Any alteration of the time/hours in Schedule C is subject to the approval of theDirector of Community Services. CHDRC Indoor Court Use 46.Should the Club require the use of the indoor tennis court(s) at the Chestnut HillDevelopments Recreation Complex for league play, tryouts and/or weather- relatedreasons and the use can be accommodated; the Club will be charged for their usageas per the current approved fees & charges. Schedules 47. Schedules “A”, “B”, and “C” attached hereto form part of this Agreement. 8 In Witness Whereof the parties have executed this Licence Agreement. The Corporation of the City of Pickering Kevin Ashe, Mayor Susan Cassel, City Clerk Amberlea Tennis Club Henrik Villumsen, President (I have authority to bind the corporation) Luckson Zireva, Secretary 9 Schedule “A” SCHEDULE "A" SHADYBROOOK PARK P-014 SCHEDULE"A" SHADYBROOOKPARK PP 014014 10 Schedule “B” 11 Schedule “C” Shared Use Schedule for the Anticipated New Multi-Use Court Amberlea Tennis Club will be permitted to use the new multi-use court for tennis during the following time slots: 7:00 am to 11:00 pm on Mondays, Wednesdays, Fridays and on Sunday mornings from 7:00 am to 12:00 pm. Pickering Pickleball Club Inc will be permitted to use the new multi-use court for pickleball during the following time slots: 7:00 am to 11:00 pm on Tuesdays, Thursdays, Saturdays and on Sundays from 12:00 pm to 11:00 pm. Licence Agreement This Licence Agreement is made as of the 1st day of April 2024 Between: The Corporation of the City of Pickering (the "City") -and - Pickering Pickleball Club Inc (the "Club") Article I Interpretation Recitals: 1.Whereas the Club has requested to use the one multi-use court (once the expansion referred to in section 44 is complete) within Shadybrook Park as shown on Schedule “B” attached hereto, located at 1905 Shadybrook Drive, in the City of Pickering, Region of Durham and whereas this court shall hereinafter be referred to as the “licenced premises”. 2.The Club has agreed to use the licenced premises on a seasonal basis for the purpose of operating their non-profit pickleball club. 3.The City has agreed to grant to the Club a seasonal licence subject to the terms and conditions contained in this agreement, permitting the Club to access and use the licenced premises for the purpose of operating its non-profit pickleball club. Therefore in this agreement the “City” is the Licensor and the “Club” will be the Licensee. Definitions 4.In this Agreement, a)"Commencement Date" means April 1st, 2024; b)"Licenced Premises" means that portion of the one multi-use court and storage container (once the expansion is complete) within Shadybrook Park therein as shown on Schedule “B” attached hereto, located at 1905 Shadybrook Drive, in the City of Pickering, Regional Municipality of Durham; c)"Licence Fee" means the fee payable pursuant to Section 21; and d)"Term" means the term of this Licence Agreement as set out in Section 17. Headings 5.The division of this Agreement 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 Agreement. Attachment 2 to Report # ENG 03-24 2 Severability 6.All of the provisions of this Agreement 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 Agreement and the remaining provisions of this Agreement shall remain in force. Governing Law 7.This Agreement shall be governed by, and interpreted and enforced in accordance with, the laws in force in the Province of Ontario. Entire Agreement 8.This Agreement constitutes the entire agreement between the parties concerning the Premises and may only be amended or supplemented by an agreement in writing signed by both parties. Article II Grant and Use Grant of Licence 9.(a)In consideration of the performance by the Club of its obligations under this Agreement, the City grants permission to the Club to use the licenced premises during the Term on a seasonal basis. The Club acknowledges its right to use the seasonal, portable washrooms facilities is non-exclusive. (b)The Club acknowledges that this agreement does not create an interest in the licenced premises nor does the Club claim any past or present interest, howsoever arising, as a result of or connected in any way with the use of the licenced premises. (c)The licence granted herein is only for the duration of this agreement and only for the purposes and uses stated herein. No other purposes or use shall be permitted without prior written approval from the Director of Community Services. Club Use of Premises 10.Subject to paragraph 44, the Premises shall be used only for Pickering Pickleball Club’s non-profit pickleball club, at its expense and for no other purpose without the prior written consent of the City which consent may be withheld by the City in its sole discretion. Nuisance 11.The Club shall not carry on any activities or do or suffer any act or thing that constitutes a nuisance or which is offensive or an annoyance to the City or other users of Shadybrook Park. 3 City Use of Premises 12.It is acknowledged that if the Club for whatever reason is not actively using the Licenced Premises, then this agreement shall be considered to be terminated and the City shall be free to use the Licenced Premises for its own purposes. The Club shall not be entitled to receive any rental fees, or any other type of remuneration associated with the use of the Premises by the City or any other party. Assignment 13.The Club shall not assign this Licence without the prior written consent of the City. Licences 14.The Club may not grant licences to any other party to use the Licenced Premises. 15.The Club shall submit their annual financial statement to the City by December 1st of each year. 16.The Club shall submit a list of the Club Board of Directors and their contact information to the City by December 1st of each year. Article III Term Term 17.The term of this Licence shall be four (4) years from the Commencement Date to December 31st, 2028 from January 1st to December 31st each year. 18.The City may terminate this Licence at any time for any reason provided it has given the Club six (6) months prior notice in writing. 19.The Club may terminate this Licence at any time for any reason provided it has given the City six (6) months prior notice in writing. Overholding 20.If the Club continues to use the Premises after the expiry of the Term, there shall be no tacit renewal of this Agreement or the Term, notwithstanding statutory provisions or any legal presumption to the contrary, and the Club shall be deemed to be trespassing. 4 Article IV Licence Fee Licence Fee 21.The Club shall pay to the City as a licence fee for the entire Term in lawful money of Canada the sum of One (1) Dollar ($1.00) Utilities 22.The Club shall pay annual charges to the City for use of the multi-use court on site for hydro use. This amount shall be paid on or before April 1st in each year of the term. Annual charges are subject to The General Municipal Fees By-law. Article V Maintenance, Repairs and Alterations of the Licenced Premises 23.The Club shall maintain and operate the Premises so that they shall always be of good appearance, tidy, clean, safe and suitable for the proper operation of the Premises. 24.The Club shall provide general maintenance services to the Premises at its expense and shall provide all necessary cleaning and maintenance supplies and cleaning equipment related to the court under their exclusive use. 25.The Club, at its sole expense shall provide the court nets. This would include installation, removal and storage each year. 26.The City or its designate, shall be responsible for all day-to-day operating expenses including garbage removal, bleachers, benches, fencing, any building associated with use of the courts, lighting and the court surface life cycle replacement. 27.The Club shall be responsible for any damages or costs incurred due to the misuse or negligence of the Club, its employees, invitees, servants, agents, or others under its control and the Club shall pay to the City on demand the expense of any repairs including the City’s reasonable administration charge necessitated by such negligence or misuse. 28.The Club shall immediately notify the City of any unsafe conditions on the Premises. Security 29.The Club shall be responsible for the gate lock and shall ensure that the gate is properly locked at the end of each day during the pickleball season. The Club will ensure that any key or combination to any lock are provided to the City for maintenance and inspection access. Alterations/Improvements to Premises 30.The Club shall only be permitted to make alterations and improvements to the Premises that have been approved by the City. 5 Article VI Insurance and Indemnity Club's Insurance 31. The Club, at its sole cost and expense, shall take out and maintain, a) insurance upon property owned by it which is located on the Premises; and b) commercial general liability insurance pertaining to the Club's liability to others in respect of injury, death or damage to property occurring upon, in or about the Premises. Such insurance to be of an amount which is reasonable and sufficient having regard to the scope of the risk and the current practice of prudent owners of similar premises for the carrying on of similar businesses, but in any event in an amount not less than two million dollars ($2,000,000.00) for claims arising out of one occurrence. Such policy shall also name the City as an additional named insured and may not be cancelled unless prior notice by registered letter has been given to the City by the insurer 30 days in advance of the expiry date. 32. Prior to the Commencement Date, the Club shall file with the City a Certificate of Insurance in a form satisfactory to the City Treasurer, verifying that the commercial general liability insurance policy is in effect and setting out the essential terms and conditions of the insurance. 33. The provision of the insurance policy required by this section shall not relieve the Club from liability for claims not covered by the policy or which exceed its limits, if any, for which the Club may be held responsible. Insurance Risks 34. The Club shall not do, omit to do, or permit to be done or omitted to be done upon the Premises anything that may contravene or be prohibited by any of the City's insurance policies in force from time to time covering or relevant to any part of the Premises or which would prevent the City from procuring its policies with companies acceptable to the City. If the conduct of business in the Premises or any acts or omissions of the Club on the Premises causes or results in any increase in premiums for any of the City's insurance policies, the Club shall pay such increase to the City. Indemnification 35. Each of the City and the Club shall indemnify and save harmless the other 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 party being indemnified shall or may become liable by reason of any breach, violation or non-performance by the party so indemnifying of any covenant, term or provision of this Licence agreement or by reason of any damage, injury or death occasioned to or suffered by any person or persons including the City or the Club, as the case may be, or any property by reason of any wrongful act, neglect or default on the part of the party so indemnifying or any of those persons for whom it is in law responsible. For greater 6 certainty, the limitation of liability set out above in this section does not extend to claims, losses or damages resulting in whole or in part from the gross negligence or wilful misconduct of the party claiming indemnification, its employees or those for whom it is in law responsible. Article VII Remedies on Default City's Right to Remedy Default 36. In addition to all other remedies the City may have under this Agreement and in law, if the Club is in default of any of its obligations under this Agreement, and such default has continued for a period of ten (10) days after receipt of notice by the Club (or such longer period as may be reasonably 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 Club shall be responsible for all such costs. In addition, if the Licensee fails to remedy any default or breach within 10 days of being notified of the default or breach the Licensor may then immediately terminate this agreement. Waiver 37. No condoning, excusing or overlooking by the City of any default, breach or non- observance by the Club at any time or times in respect of any covenant, obligation under this Agreement shall operate as a waiver of the City’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 City 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 Club save only an express waiver in writing. Article VIII Miscellaneous Quiet Enjoyment 38. The City shall permit the Club to peaceably use and enjoy the Premises during the Term without any interference from the City, or any person lawfully claiming by, from or under the City provided the Club is not in default. Right of Entry 39. The Club agrees to permit the City and authorized representatives of the City to enter the Premises as the City deems necessary, including for the purpose of inspecting and maintaining the premises. The City shall use its best efforts to minimize the disruption to the Club's use of the Premises during any such entry. Signs 40. The Club may only erect signs on the Premises with the City’s prior approval. All such signs shall be removed from the Premises at the end of the Term. 7 Compliance with Laws 41.The Club, at its sole cost and expense, shall comply with all legal requirements (including statutes, laws, by-laws, regulations, ordinances, orders, rules and regulations of every governmental authority having jurisdiction) that relate to the use of the Premises by the Club or the making of any improvements to the Premises by the Club. Notice 42.Any notice required to be given by the City to the Club under this Agreement shall be in writing and shall be delivered to or such other address of which the Club has notified the City in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Agreement. Contact: Mike Garvey, President Email: mikegarvey24@gmail.com Address: 1703 Greenvale Crescent Pickering, ON L1V 4W7 43.Any notice required to be given by the Club to the City under this Agreement shall be in writing and shall be delivered to The Corporation of the City of Pickering, Pickering Civic Complex, One The Esplanade, Pickering, Ontario (Attention: City Clerk) or such other address of which the City has notified the Club in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Agreement. Third Court Expansion 44.It is anticipated that a 3rd (third) multi-use court will be constructed at Shadybrook Park in the spring of 2024. Once construction of the third-court expansion at Shadybrook Park is complete as per Schedule B, it is acknowledged and agreed that Pickering Pickleball Club Inc will be sharing the new multi-use court with Amberlea Tennis Club and the time and hours on the new multi-use court will be split in accordance with Schedule C to this agreement. These two (2) clubs will share the operating costs of the new multi-use court, including the hydro charge, on a 50/50 division (Amberlea Tennis Club will remain 100% responsible for the operating costs of the other two courts). Any alteration of the time/hours in Schedule C is subject to the approval of the Director of Community Services. CHDRC Indoor Court Use 45.Should the Club require the use of the indoor tennis/pickleball court(s) at the Chestnut Hill Developments Recreation Complex for league play, tryouts and/or weather- related reasons and the use can be accommodated; the Club will be charged for their usage as per the current approved fees & charges. Schedules 46.Schedules “A”, “B”, and “C” attached hereto form part of this Agreement. (Schedule “A” illustrates the courts pre-s. 44 expansion) 8 In Witness Whereof the parties have executed this Licence Agreement. The Corporation of the City of Pickering Kevin Ashe, Mayor Susan Cassel, City Clerk Pickering Pickleball Club Inc Mike Garvey, President (I have authority to bind the corporation) David Werry, Vice-President 9 Schedule “A” SCHEDULE "A" SHADYBROOOK PARK P-014 SCHEDULE"A" SHADYBROOOKPARK PP 014014 10 Schedule “B” 11 Schedule “C” Shared Use Schedule for the Anticipated New Multi-Use Court Amberlea Tennis Club will be permitted to use the new multi-use court for tennis during the following time slots: 7:00 am to 11:00 pm on Mondays, Wednesdays, Fridays and on Sunday mornings from 7:00 am to 12:00 pm. Pickering Pickleball Club Inc will be permitted to use the new multi-use court for pickleball during the following time slots: 7:00 am to 11:00 pm on Tuesdays, Thursdays, Saturdays and on Sundays from 12:00 pm to 11:00 pm. Pickering, January 23, 2022 To Mr. Maurice Brenner City Councillor Ward 1 City of Pickering Dear Mr. Brenner: My name is Henrik Villumsen and I’m the new president of Amberlea Tennis Club (ATC), succeeding Rosemary Aiken who has decided to step down, after many years of successful volunteering. The courts are located in the Shadybrook Park in Amberlea. She and I were looking at your “New Year’s Message” in the January 2022 issue of Amberlea Living and noticed you mentioned a new pickleball feature this Spring. We understand that pickleball is an up-and-coming sport, with a growing demand for courts in our city. ATC’s membership has grown over the years and in 2021, we had over 300 members (this is in contrast to 150 members in 2018, so quite a significant jump). The outside courts are used for casual playing, junior drop-ins, leagues (both club and inter-city in Durham) and camps (mainly juniors) with the latter run by a pro and his team. However, we still only have 2 courts available to the members (and a practice court with a wall) for the above-mentioned activities and programs. As you can imagine, court availability has become a challenge. Attachment 3 to Report ENG 03-24 Corr. 11-22 In the past, the club’s request for a 3rd court has not been approved by the city. However, we believe there is now the potential for a “win-win” situation and have the following proposal: add a 3rd court which would feature both tennis and pickleball • this court could be perpendicular to the 2 existing courts in order not to disturb the residential housing nearby • the court would have lighting to enable play at night • there would be a separate entrance • access to the court via a key lock on the gate The last 3 points are similar to what we currently have for the tennis courts. Our goal would be to develop and maintain a strong partnership with the pickleball members and ensuring that ample court time would always be available. We firmly believe this would be a massive boost for both sports in our community and have a positive impact on the area! Please contact me if you would like to discuss further. I’m reachable on e-mail and phone Best regards, Henrik Villumsen Legislative Services Division Clerk’s Office Directive Memorandum March 4, 2022 To: Richard Holborn Director, Engineering Services From: Susan Cassel City Clerk Subject: Direction as per Minutes of the Meeting of City Council held on February 28, 2022 Amberlea Tennis Club Partnership with Pickleball Council Decision Resolution #825/22 WHEREAS, the membership of the Amberlea Tennis Club has doubled from 150 in 2018 to 300 in 2021, creating the need for a third court to accommodate this continued growing sport; And Whereas, the Amberlea Tennis Club provides opportunities for casual playing, junior drop-ins, leagues (club and inter-city in Durham) and junior camps; And Whereas, the Amberlea Tennis Club recognizes the importance of building partnerships, and in particular how this can accommodate the rapid growth of pickleball and its need for more outdoor facilities; And Whereas, the president of the Amberlea Tennis Club on behalf of its membership, has put forward a proposal that will accommodate their club and that of the pickleball users, requesting a third court be constructed perpendicular to the existing courts in order to not disturb the residents. The third court would include lighting, an entrance separating it from the two existing courts, and would be constructed in a manner that would enable its shared use by pickleball users; Now therefore be it resolved that the Council of The Corporation for the City of Pickering directs: 1.That staff through the Office of the CAO reach out to the Amberlea Tennis Club to discuss their proposal for the construction of a third court to be shared with pickleball users; 2.That staff through the Office of the CAO conduct an engagement of the residentswho reside in the Amberlea community near the Park where the proposal is being considered; 3.That staff through the Office of the CAO identify funding sources such as DCs,grants and other revenue streams that could enable consideration forconstruction as part of the 2023 Capital Budget; and, Attachment 4 to Report ENG 03-24 4.That staff through the Office of the CAO report back to Council through theExecutive Committee no later than the June 6, 2022 meeting. Please take any action deemed necessary. A copy of the original correspondence is attached for your reference. Susan Cassel Encl. Copy: Chief Administrative Officer Legislative Services Division Clerk’s Office Directive Memorandum June 30, 2022 To: Sarah Douglas-Murray Director, Community Services From: Susan Cassel City Clerk Subject: Direction as per Minutes of the Meeting of City Council held on June 27, 2022 Director, Community Services, Report CS 11-22 Amberlea Tennis Club Court Expansion -Shadybrook Park Council Decision Resolution #935/22 1.That Report CS 11-22, regarding Amberlea Tennis Club Court Expansion at Shadybrook Park, be received; 2.That Council endorse, in principle, the proposed plan to design and construct a third court at Shadybrook Park for Tennis and Pickleball; 3.That funding for design and construction of the third court at Shadybrook Park for Tennis and Pickleball be considered in the preparation of the 2023 Parks Capital Budget; 4.That subject to approval of the design and construction of the third court at Shadybrook Park for Tennis and Pickleball, staff be directed to update the lease agreement with Amberlea Tennis Club and return it for Council’s approval; and, 5.That the appropriate officials of the City of Pickering be authorized to take the necessary actions indicated in this report. Please take any action deemed necessary. Susan Cassel Copy: Director, Finance & Treasurer Chief Administrative Officer Attachment 5 to Report ENG 03-24 Engineering Services Department SCALE: DATE: 1:5000 Feb. 16,2024 Attachment 6 to Report ENG 03-24 Shadybrook Park Location Map