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HomeMy WebLinkAboutENG 11-26 Report to Council Report Number: ENG 11-26 Date: June 22, 2026 From: Richard Holborn Director, Engineering Services Subject: Diana, Princess of Wales Park Licence Renewal Agreement File: A-1440 Recommendation: 1. That Report ENG 11-26 regarding the Licence Renewal Agreement for Diana, Princess of Wales Park be received; 2. That the Mayor and City Clerk be authorized to execute a licence renewal agreement with the Minister of Infrastructure for a further five-year term, commencing January 1, 2027, and ending on December 31, 2031 in substantially the same form as attached to this report, subject to revisions acceptable to the Director, Corporate Services & City Solicitor; and 3. That the appropriate officials of the City of Pickering be authorized to take the actions necessary to implement the recommendations in this report. 1.0 Executive Summary: The purpose of this report is to obtain Council authorization to enter into the licence renewal agreement with the Ministry of Infrastructure for Diana, Princess of Wales Park, amended to include additional land within the hydro corridor between Kingston Road and Finch Avenue. The Ministry of Infrastructure is in agreement to extend the licence agreement for a further five- year term, commencing on January 1, 2027, and ending on December 31, 2031. The additional land to be added to the agreement will provide space for a new community sized skateboard park and associated parking to be constructed in 2026 as well as space for future recreational facilities as approved by Infrastructure Ontario and Hydro One Networks Inc. (HONI). 2.0 Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority of Advocate for an Inclusive, Welcoming, Safe & Healthy Community. ENG 11-26 June 22, 2026 Page 2 3.0 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 50% of all the taxes or other similar charges levied against the lands. 4.0 Discussion: The purpose of this report is to obtain Council authorization to enter into the licence renewal agreement with the Ministry of Infrastructure for Diana, Princess of Wales Park. The park is located within the hydro corridor adjacent to the Chestnut Hill Developments Recreation Complex and runs from Pickering Parkway to Kingston Road. The existing park is approximately 11.82 hectares (29.22 acres) in area. The agreement includes an additional 5.89 hectares (14.58 acres) of land within the hydro corridor between Kingston Road and Finch Avenue. The additional land to be added to the agreement will provide space for a new community sized skateboard park and associated parking to be constructed in 2026 as well as space for future recreational facilities as approved by Infrastructure Ontario and HONI. The land is presently owned by His Majesty The King in right of Ontario as represented by The Minister of Infrastructure (MOI). Ontario Infrastructure and Lands Corp. (OILC), acting as agent on behalf of MOI, is responsible for the oversight of the Provincial Secondary Land Use Program (PSLUP). Hydro One has a statutory easement and is responsible for the management activities of the corridor which includes providing front line delivery of the PSLUP. The City of Pickering entered into a licence agreement with the Ministry of Infrastructure on January 1, 2012, respecting the property located in part of Lot 19 and 20, Concession 1, also known as Diana, Princess of Wales Park. The licence agreement has now been renewed twice with five-year terms extending from January 1, 2017 to December 31, 2021, and January 1, 2022 to December 31, 2026. The amended licence renewal agreement will be for another five- year term, commencing on January 1, 2027 and ending on December 31, 2031. In order for the City of Pickering to continue providing recreational services on the land and to extend it to include the additional land north of Kingston Road, a further licence renewal agreement in a form satisfactory to the Director, Corporate Services & City Solicitor, is required. The Director, Engineering Services recommends that a licence renewal agreement for a further five-year term be entered into, and that Council authorize the Mayor and City Clerk to execute the agreement in its final form. Attachments: 1. Draft Licence Renewal Agreement 2. Location Map ENG 11-26 June 22, 2026 Page 3 Prepared By: Arnold Mostert, Manager, Landscape & Parks Development Approved/Endorsed By: Richard Holborn, Director, Engineering Services Approved/Endorsed By: Paul Bigioni, Corporate Services & City Solicitor AM:am Recommended for the consideration of Pickering City Council By: Marisa Carpino, M.A. Chief Administrative Officer HONI File #: PICKERING T 632.1-537 HYDRO CORRIDOR Licence Renewal (rec.) - Sept 2022 LICENCE RENEWAL AGREEMENT – (RECREATIONAL) BETWEEN: HIS MAJESTY THE KING IN RIGHT OF ONTARIO as represented by THE MINISTER OF INFRASTRUCTURE (hereinafter called the "Licensor") -and - CITY OF PICKERING (hereinafter called the "Licensee") WHEREAS: A.Ontario Infrastructure and Lands Corporation acting as agent on behalf of His Majesty The King in right of Ontario as represented by The Minister of Infrastructure (previously the Minister of Economic Development, Employment and Infrastructure) now the Minister of Infrastructure entered into a Licence Agreement with the Licensee, dated February 14, 2012 (the “Licence Agreement”), regarding certain lands located in the City of Pickering, Regional Municipality of Durham, described as Part of Lots 19 & 20, Concession 1, comprising an area of approximately 28.92 acres, (the “Licence Lands”) for the purpose of public recreational purposes only; B.The Minister of Infrastructure is responsible for certain aspects of government real property pursuant to the Ministry of Infrastructure Act, S.O. 2011, c. 9, Sched 27; C.Ontario Infrastructure and Lands Corporation confirms that it is the designated agent of the Minister of Infrastructure with authority to act in respect of the Licence Agreement. IN CONSIDERATION of the mutual covenants hereinafter set forth and the sum of two dollars ($2.00) paid by the Licensee to the Licensor, the receipt whereof is hereby acknowledged, and other good and valuable consideration, the Licensor and the Licensee agree as follows: 1.The Licence Agreement is hereby renewed, subject to the terms set out below. 2.“Licensor” shall include for the purpose of any exculpatory clause and/or indemnity included in favour of the Licensor, Ontario Infrastructure and Lands Corporation. 3.The Term of the Licence Agreement shall be five (5) years, commencing on the 1st day of January, 2027. 4.The description and the extent of the area of the Lands is and shall be amended by increasing the area of the Licence from 28.92 acres to 42.92 acres, as shown on the sketch attached hereto as Schedule “A”. Attachment 1 - Report ENG 11-26 HONI File #: PICKERING T 632.1-537 2 5. The Licensee shall pay to the Licensor an amount equal to Fifty percent (50%) of the annual realty taxes or grants and/or payments in lieu thereof payable with respect to the Licence Lands, as owned by the Licensor and used by the Licensee pursuant to the Licence Agreement for the purposes stated herein. 6. The Licensor’s address for service of notice pursuant to the notice section of the Licence Agreement and other related particulars are amended as follows: Ontario Infrastructure and Lands Corporation Real Estate Transactions 1 Dundas Street West, Suite 2000 Toronto, Ontario M5G 1Z3 Attention: Director, Hydro Land Transactions Telephone: (437) 537-5511 Facsimile: (416) 327-3942 With a copy to: Attention: Director, Legal Services (Real Estate) 1 Dundas Street West Suite 2000 Toronto, ON M5G 1Z3 Facsimile: 416-327-3376 7. All terms which are defined in the Licence Agreement shall have the same meaning when used in this Licence Renewal Agreement unless they are amended herein. 8. Except as they may be amended by this Licence Renewal Agreement, all of the terms and conditions of the Licence Agreement shall apply to the renewed Term and shall be binding upon and enure to the benefit of the Licensor and the Licensee. 9. This Licence Renewal Agreement may be offered and accepted by electronic or facsimile transmission and by different parties in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. Delivery by facsimile or by electronic transmission in portable document format of an executed counterpart is as effective as delivery of an originally executed counterpart. 10. The Licensee acknowledges that this Agreement and any related information, documents and/or Data (as defined in the Open Data Directive) may be released pursuant to the Freedom of Information and Protection of Privacy Act (Ontario) or the Open Data Directive issued under the Management Board of Cabinet Act (Ontario), as each may be amended or replaced from time to time. HONI File #: PICKERING T 632.1-537 3 IN WITNESS WHEREOF the parties hereto have executed this Licence Renewal Agreement. Signed by the Licensee at this day of 20 . CITY OF PICKERING Per:______________________________________ Name: Title: Per:______________________________________ Name: Title: I/We have authority to bind the Corporation Signed by the Licensor at_________________this day of _____________________20 . HIS MAJESTY THE KING IN RIGHT OF ONTARIO as represented by THE MINISTER OF INFRASTRUCTURE, as represented by ONTARIO INFRASTRUCTURE AND LANDS CORPORATION Per: Name: Title: Authorized Signing Officer HONI File #: PICKERING T 632.1-537 4 Schedule “A” HONI File: Pickering T 632.1-537 Tenant(s): City of Pickering Legal Description: Part of Lots 19 & 20, Concession 1, in the City of Pickering, Regional Municipality of Durham Original Licensed Area: 28.92 acres Additional Licensed Area: 14.00 acres Total Licensed Area: 42.92 acres Lands Owned by His Majesty the King in the Right of Ontario Original Licensed Area Additional Licensed Area Attachment 2 - Report ENG 11-26