HomeMy WebLinkAboutCS 12-17DICKERING
Report to
Executive Commitee
Report Number: CS 12-17
Date: November 6, 2017
From: Marisa Carpino
Director, Community Services
Subject: Licence Agreement
- Brougham Parkette
- Property PIN 614725-1
- File: A-1440
Recommendation:
1. That the Mayor and Clerk be authorized to execute the Licence Agreement with Transport
Canada set out in Attachment 1 to this Report, subject to minor revisions acceptable to the
Director, Community Services 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: As per Council Resolution #177/07, the City of Pickering entered into a
5 year lease agreement with Transport Canada for the period of February 1, 2007 to January 31,
2012 for Property PIN 614725-1 (known as Brougham Parkette) which was expropriated by the
Federal Government for the purposes of an Airport.
Since the expiry of the lease agreement in 2012, the arrangement between the City of Pickering
and Transport Canada for this property has continued subject to Section 4.06 Overholding of the
expired licence agreement.
In recent months, City staff have been working with staff from Transport Canada to formally renew
the licence agreement for Brougham Parkette. As such, staff are seeking approval from Council
to enter into a 5 year licence agreement for Property PIN 614725-1 for the period of December 1,
2017 to November 30, 2022.
Financial Implications: The rental per annum for the Brougham Parkette paid by the City to
Transport Canada is $10.00 plus HST. At approximately 0.11 acres in size, the City's cost to
maintain the property is negligible.
Discussion: As per Council Resolution #177/07, the City of Pickering entered into a 5
year lease agreement with Transport Canada for the period of February 1, 2007 to January 31,
2012 for four parcels of land expropriated by the Federal Government for the purposes of an
Airport. These properties include:
CS 12-17 November 6, 2017
Subject: Brougham Parkette Licence Agreement Page 2
• Property PIN 614658-1 (Brougham Hall)
• Property PIN 614680-2 (Storage Barn)
• Property PIN 614725-1 (Brougham Parkette)
• Property PIN 614201-1 (Don Beer Memorial Park)
Since the expiry of the lease agreement in 2012, Property PIN 614201-1 located at Don Beer
Memorial Park was re-established in a separate lease agreement between the City of Pickering
and Transport Canada for the term of January 1, 2014 to December 31, 2019. Property PIN
614680-02, located at the north east corner of Don Beer Memorial Park, was surrendered and
delivered up to Transport Canada by the City of Pickering effective January 29, 2016 since the
site acted only as storage for Museum property and was no longer required by the City.
The arrangement between the City of Pickering and Transport Canada for the two remaining
properties has continued subject to Section 4.06 Overholding of the expired lease agreement. In
recent months, City staff have been working with staff from Transport Canada to formally renew
the licence agreements for PIN 614725-1 (Brougham Parkette) and PIN 614658-1 (Brougham
Hall).
Brougham Parkette is an open green space marked with an Ontario Historical Plaque
commemorating Peter Matthews, who farmed adjacent land, and his role in. the Rebellion of 1837.
At this time, the Director, Community Services recommends that the City enter into a 5 year
licence agreement with Transport Canada for PIN 614725-1 (Brougham Parkette) for the period of
December 1, 2017 to November 30, 2022. The licence agreements for the remaining property
(Property PIN 614658-1, Brougham Hall) is still being prepared by Transport Canada and will be
brought before Council once reviewed and endorsed by City staff.
Attachments:
1. PIN 614725-1 (Brougham Parkette) Licence Agreement
2. Location Map of Property PIN 614725-1
CORP0227-07101 revised
CS 12-17
November 6, 2017
Subject: Brougham Parkette Licence Agreement Page 3
Prepared/ApprovedlEndorsed By:
Marisa Carpino
Director, Community Services
:mc
Recommended for the consideration
of Pickering City Council ,
6:0 il
Tony Prevedel, P.Eng.
Chief Administrative Officer
017
CORP0227-07101 revised
Ai`TACHMENT# - TOREPORT # CS ►a-11'
LICENCE AGREEMENT
THIS AGREEMENT made as of the 1St day of DECEMBER, 2017.
BETWEEN
HER MAJESTY THE QUEEN IN RIGHT OF CANADA,
as represented by the Minister of Transport ("Her Majesty")
AND
PIN 614725-1
THE CORPORATION OF THE CITY OF PICKERING,
a municipal corporation incorporated pursuant to the laws of the Province of Ontario
(hereinafter called "City of Pickering")
WHEREAS Her Majesty owns lands in the cities of Markham and Pickering, Ontario, commonly
known as the Pickering Lands Site (the "PLS");
AND WHEREAS the City of Pickering wishes to use land on that part of the PLS lands described
on the attached Schedule "A", and shown on the attached Schedule "B", and identified by Her
Majesty as PIN 614725-1 (the "Licenced Lands") to be used solely for the purpose of a parkette,
known as the Brougham Parkette (the "Parkette");
AND WHEREAS Her Majesty is willing to grant the City of Pickering a non-exclusive licence to
use the Licenced Lands for the sole purpose of maintaining a parkette on the basis that Her Majesty
incurs no liability whatsoever for any injuries or damages suffered by any party or third party upon
the PLS and the Licenced Lands caused or contributed to by City of Pickering's exercise of rights
under this Agreement.
NOW THEREFORE THIS AGREEMENT WITNESSES that, in consideration of the mutual
covenants and agreements herein and the annual payments by the City of Pickering, hereinafter
called the "Licence Fee, and subject to the terms and conditions hereinafter set out, the parties
agree as follows:
1
1. EFFECTIVE DATE, LICENCE FEE AND TERM
This Agreement shall come into effect upon execution by both Her Majesty and the City
of Pickering and shall remain in effect for a period of five (5) years from the date first
above written, that is, from DECEMBER 1st, 2017 to NOVEMBER 30th, 2022 (the
"Terra").
L2 The City of Pickering shall pay to Her Majesty each year of the Term, subject to the terms
and conditions of this Agreement, annual Licence Fee in the amount often dollars ($10.00),
plus HST, such annual Licence Fee payable in advance on the first day of each and every
year during the Telnn, commencing on December 1st, 2017.
1.3 The Licence Fee may be paid by credit, debit or cheque, payable to the Receiver General
for Canada and delivered to the following address:
Transport Canada
Corporate Services
4900 Yonge St., 3rd Floor
Toronto, Ontario M2N 6A5
1.4 Either party may terminate this Agreement upon thirty (30) days' written notice to the
other.
2. RESPONSIBILITIES OF THE PARTIES
2.1 The City of Pickering shall ensure that the Parkette does not interfere with the use of the
PLS or the Licenced Lands by Her Majesty or any of Her Majesty's tenants, agents,
contractors, invitees or licensees.
2.2 The City of Pickering agrees to maintain the Parkette during the Term at no cost to Her
Majesty.
2.3 Her Majesty grants to the City of Pickering a non-exclusive licence to permit the City of
Pickering to maintain the Parkette on the Licenced Lands during the Term, in accordance
with the terms of this Agreement, provided always that the exercise by the City of Pickering
of the rights granted to it by Her Majesty herein shall be subject to the obligations of Her
Majesty to Her tenants, and to the rights of other licensees of Her Majesty. For greater
clarity, this Agreement permits the City of Pickering to maintain the Parkette on the
Licenced Lands. No other use of the Licenced Lands is permitted.
3. GENERAL
3.1 The City of Pickering shall indemnify and save Her Majesty, Her employees, servants,
agents, contractors, and tenants harmless from and against all claims and demands, loss,
costs, damages, actions, suits or other proceedings by whomsoever made, brought or
2
prosecuted in any manner based upon, occasioned by or attributable to any violation of
this Agreement by the City of Pickering.
3.2 This Agreement may be amended only by a written agreement signed by the parties.
3.3 Schedules "A" and "B" form part of this Agreement.
3.4 The City of Pickering 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 Licenced Lands (including
members of the public), with a limit for any one occurrence or claim of not less than Five
Million Dollars. ($5,000,000). Such insurance shall:
(a) Name Her Majesty in right of Canada as an additional insured;
(b) Contain a severability of interests and cross -liability clause; and
(c)
Contain a clause that the policy of insurance shall not be modified or cancelled
without at least thirty (30) days written notice of cancellation to Her Majesty.
The City of Pickering shall provide evidence of such insurance to Her Majesty upon
execution of this Agreement.
3.5 Her Majesty shall not be required to pay any and all taxes and assessments pursuant to the
Payments in Lieu of Taxes Act R.S.C., 1985, c. M-13 and Payments in Lieu of Taxes
Regulations (SOR/81-29), including local improvement charges and development charges
of any kind whatsoever that are imposed by the municipality against the Licenced Lands
during the currency of this Agreement, including any taxes or other amounts which are
imposed of, or in lieu of, or in addition to, any such taxes and assessments. Her Majesty
acknowledges and agrees that the Licenced Lands will remain subject to assessment for
municipal realty tax purposes. A municipal realty tax invoice must be rendered in the
ordinary course in respect of the Licenced Lands, however, it will not be forwarded to Her
Majesty and Her Majesty will not be required to pay it.
3.6 This Agreement shall be interpreted in accordance with the laws in force in the Province
of Ontario, subject always to any paramount or applicable federal laws. Nothing in this
Agreement is intended to nor shall be construed as limiting, waiving or derogating from
any federal Crown prerogative.
3.7 The failure by any party to insist in any one instance upon the strict performance by the
other party of obligations in this Agreement shall not constitute a waiver or relinquishment
of any such obligations as to any other instances, and the same shall continue in full force
and effect.
3
3.8 If, for any reason, any provision of this Agreement, other than any provision which is of
fundamental importance to the arrangement between the parties, is to any extent held or
rendered invalid or unenforceable, then the particular provision shall be deemed to be
independent of and severed from the remainder of this Agreement and all the other
provisions of this Agreement shall nevertheless continue in full force and effect.
3.9 Section 3.1 shall survive termination of this Agreement and shall continue in full force and
effect.
4. NOTICES
4.1 Notices shall be delivered as follows:
In the case of HER MAJESTY:
Perry Papadatos
Regional Manager, Pickering Site Operations
Transport Canada
4900 Yonge Street, 4th Floor
Toronto, Ontario M2N 6A5
Tel:
E-mail:
416-952-4068
perry. papadato s @tc. gc. ca
or to such other address as HER MAJESTY may advise from time to time.
In the case of the City of Pickering:
The Corporation of the City of Pickering
One The Esplanade
Pickering, Ontario LI V 6K7
Attention: Marisa Carpino
Director, Community Services
Telephone: 905-420-4660, ext. 2025
E-mail: mcarpino@pickering.ca
or to such other address as the City of Pickering may advise.
4
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first
above written.
HER MAJESTY THE QUEEN IN RIGHT OF CANADA,
as represented by the Minister of Transport
By:
Name: Perry Papadatos
Title: Regional Manager, Pickering Site Operations
THE CORPORATION OF THE CITY OF PICKERING
Per: DAVID RYAN
Mayor, City of Pickering
Per: DEBBIE SHIELDS
City Clerk, City of Pickering
We have authority to bind the Corporation.
5
SCHEDULE"A"
DESCRIPTION OF THE LICENCED LANDS
Schedule A: Description of Licenced Lands - All of PWGSC PIN 614725-1
Description of All of PWGSC PIN 614725
That parcel or tract of land situate, lying_ and being in the City of Pickering in the Regional
Municipality of Durham containing approximately 0.33 acres, being part of Lot 19, Concession
6, Geographic Township of Pickering, also being Lot 1, Registered Plan 10, Village of
Brougham as in Instrument Number 24371 (Firstly) and shown in RED on the attached Schedule
B: PIN 614725 Sketch.
PWGSC PIN 614725 is part of the Durham Land Registry Office (No. 40) property identifier
number 026388 — 0065 (LT).
Description of the Licenced Lands being All of PWGSC PIN 614725-1
That parcel or tract of land situate, lying and being in the City of Pickering in the Regional
Municipality of Durham containing approximately 0.11 acres, being part of Lot 19, Concession
6, Geographic Township of Pickering composed of that Part of PWGSC PIN 614725 shown in
red and labeled 725-1 on the attached Schedule B: PIN 614725 Sketch.
6
SCHEDULE "B"
SKETCH OF THE LICENCED LANDS
Schedule B: PIN 614725-1
PIN k OUN A%1E5
SUILO(NU OUtU {ES
xdOP (AEAE AREA OUTLINES
TOTAL PN AREA = Q 2 acres
f fN
644; •'! AREA = 011 acres
PEN 1472....5-S AREA 6.22 acres
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SUBJECT
PROPERTY
Community Services
Department
Attachment for Community Services
Report 12-17
Licence Agreement Property
PIN 614725-01 (Brougham Parkette)
0 61
PICKERING
SCALE:
N.T.S
DATE:
October/2017