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HomeMy WebLinkAboutCS 43-19CGS �f DICKERING Report to Council Report Number: CS 43-19 Date: November 25, 2019 From: Marisa Carpino Director, Community Services Subject: Pickering Town Centre - Memorandum of Understanding and Licence Agreement - File: A-1440 Recommendation: 1. That the Mayor and City Clerk be authorized to execute a Memorandum of Understanding with AMICA Senior Lifestyles and Pickering Town Centre, as set out in Attachment 1 to this report, subject to the 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 a License Agreement with OPB Realty Inc., as set out in Attachment 2 to this report, subject to the minor revisions as may be required by the Director Community Services, and the Director Corporate Services & City Solicitor; and, 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: AMICA Senior Lifestyles (AMICA) will be hosting a presentation storefront at the Pickering Town Centre for the next several months while construction is ongoing at their newest seniors facility in downtown Pickering. Prior to occupying this presentation space early next year, the Pickering Town Centre and AMICA have offered the retail space (formerly occupied by Tim Hortons) to the City of Pickering to engage and educate our residents on a variety of municipal initiatives impacting seniors which includes seniors services/programs and the City Centre project. As such, the attached Memorandum of Understanding (MOU) and License Agreement has been drafted for the term of December 1, 2019 to February 29, 2020 which will enable the Coordinator, Recreation Programs to work from this location (Monday to Friday, 8:30 am to 4:30 pm) to engage seniors and offer a variety of seniors specific programming such as coffee chats, computer programs and library outreach. The Community Services Department recommends that the MOU agreement be initiated for a period of three months, beginning December 1, 2019 to February 29, 2020, as per Attachment 1 to this Report. CS 43-19 November 25, 2019 Subject: Pickering Town Centre — MOU and Licence Agreement Page 2 Financial Implications: At this time, there will be no additional staff costs as existing municipal facilities (East Shore Community Centre) have sufficient coverage within the existing staff schedule. The City of Pickering will install temporary signage and banners in both the interior and exterior of the office space however these costs will be covered by existing funds in the 2019 approved Current Budget. Pickering Town Centre will not furnish the retail space requiring the City to provide two temporary work stations for staff. Computers will be provided by the City of Pickering, however, wiring and WIFI are part of the completed unit. Discussion: Over the past year, AMICA has attended and sponsored many of the City of Pickering's senior's events, to both support seniors initiatives and introduce themselves to the community. Their support has been greatly appreciated by the seniors and has served to enhance City events. In recent months, the City of Pickering, AMICA, and the Pickering Town Centre have partnered to introduce the MallWalkers Program to local seniors. Over the next year, this program will include guest speakers, prizes, and activities for seniors, all financially supported by AMICA and the Pickering Town Centre. It is a great partnership that we will all benefit from, especially the seniors. With over 100 seniors participating in the MallWalkers Program, this partnership was effective in pooling resources to reach seniors in our community which is a common goal of each partner. As one of their newest initiatives, AMICA will be opening a new senior's residence, located at the corner of Pickering Parkway and Glenanna Road in Pickering in 2021. At this time, AMICA is preparing a presentation sales centre at the former Tim Horton's retail location in the Pickering Town Centre. This location is strategic for their sales, and will showcase fully equipped office space, with two meeting rooms, a main foyer, set up as a lounge, kitchen, and a model showroom. Since AMICA will not be using the space until April of 2020, they have offered this retail space to the City of Pickering to provide seniors programming, education and outreach at no rental costs to the City. • The City's Coordinator, Recreation Programs will work from the space from Monday to Friday (8:30 to 4:30 pm) and will offer Book Club — in partnership with the Pickering Public Library • !Pad class • Scrabble • Card games • Dominoes • Nutrition/dietician • Coffee chat lounge • Language classes • Information sessions i.e. social isolation (New Horizons Grant with PPL) CS 43-19 November 25, 2019 Subject: Pickering Town Centre-- MOU and Licence Agreement Page 3 This open space will be available to all residents over 55 and will be an introduction to the City's seniors programs and initiatives. Some programs may be offered for a nominal registration fee while others will be free of charge. Additionally, the new Executive Director, Performing Arts Centre, will be located in this space, which will allow for interaction with the public, and provide ongoing information on the development of the City Centre project. In addition, City staff will be able to conduct outreach and focus groups to receive input from the public on the municipal facilities that make up the City Centre project. This opportunity will provide Community Services Department staff with a great deal of exposure in the Pickering Town Centre, while building the partnership between the Pickering Town Centre, AMICA, and City of Pickering beyond the Senior's Mall Walkers program. At this time, the Community Services Department staff requests the approval of Council to execute a MOU Agreement with AMICA Senior Lifestyles and a License Agreement with OPB Realty Inc. for the use of retail space at the Pickering Town Centre from December 1, 2019 to February 29, 2020. Attachments: 1. Memorandum of Understanding with AMICA Senior Lifestyles 2. License Agreement with the OPB Realty Inc. Prepared By: Approved/Endorsed By: Sharon Milt Marisa pino Manager, Recreation Services Directo •mmunity Services :sm Recommended for the consideration of Pickering City Council ilk: 012_011 Tony Prevedel, P. Eng. Chief Administrative Officer Attachment No. 1 to CS 43-19 "#$ "/0.X' ") (� O/ # *+$ "/1►x,,% (( .!+ 1! ! °/Q $ ,0 $ (*! %"#(1 ,) ! *+21! *( $%&( +31(0 "# 4"#$ +, "%(") (+3!( 0 ,+2( ") (4,0 5! # ,%- ( °/ (")!* #+A,-.* #$"/,- !+(0A,-',"12)3 / 24"'(*A-!»#,"G64"56°x'-A71#$"8 9! * :!+;%=5'.7"A, :!0?!! ,"@1:"A !,;"A+!('-!, 0"S"C*'DA"E!'#+"F$4O713!(&i{', A$i-f+E!$'++ ";, "ACC 'DA;"A,270#,7" A+!9-!B;"G& $"C-* (04409!"3 $$'DF;"$°/a&!'G#+H 10'#,"#$0&'!G'07"#$"1DI -P, ;"&!+!',A9!+"+!$+1f-" 0#"Aq&0G07J" 4' # 4 "*! 6((/o&!tI.+H #!"#$"O'4E)3 / '"('0#"I+I#9-!" 0&!"$k*!? #+r'$#+80"0* 1W+A+7(! "7 "O&!"@7!#$" C* 'DA(KEIF!(!, 0AW,'D!,0+!" 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"A+r$*"-'()(('# "H.+H#(!04,B7J" AA!"AV$A' Amica Pickering with image City of Pickering 55+ Drop-in Centre Courtesy of Amica Amica Pickering with image Contact information Front Entrance Contact information AA!"AV$A' LICENSE AGREEMENT DATE: November 18, 2019 Attachment No. 2 to CS 43-19 BETWEEN: OPB Realty Inc., By its Agent and Manager, Cushman & Wakefield Asset Services ULC (hereinafter called the "Licensor"), OF THE FIRST PART -And- THE CORPORATION OF THE CITY OF PICKERING (hereinafter called the "Licensee"), OF THE SECOND PART LICENSEE'S ADDRESS: One The Esplanade, Pickering, Ontario L1V 6K7 LICENSEE'S TELEPHONE NUMBER: 905-420-4660 ext. 2013 EMAIL: smilton@pickering.ca LICENSEE'S CONTACT PERSON/PERSONS: Tony Prevedel TRADE NAME: City of Pickering LOCATION: Unit 123 (See attached Schedule A) COMMENCEMENT DATE: December 9, 2019 EXPIRY DATE: February 29, 2020 PURPOSE: For the non-exclusive right of conducting the City of Pickering's 55 Plus Adult Programs which includes; team and event planning meetings, hosting focus groups, presenting information about the new City Centre development and holding community update meetings about this project, supporting Mallwalker Club members. All meetings will be in accordance with occupancy maximum of 30 people. SPECIAL PROVISIONS: Licensor to provide: • 8 white padded chairs with chrome bases • 2 white round tables (kitchen table) • 4 white side tables • 2 white coffee tables Hours of Operation: • Monday — Friday 8:30 am — 4:30 pm Licensee must obtain Early/After Hours Permit for work/set up and installation if required. Licensee must remove all product, fixtures and garbage including all skids at time of expiry. The Licensee covenants and agrees to abide by all the Rules and Regulations that govern the Shopping Centre (attached schedule B) and the Licensee agrees to carry on its activity in good taste and in a lawful manner suitable for public display in a high- class retail centre, including hours of operation. The Licensee shall indemnify the Licensor and save it harmless from and against any and all loss, claims, actions, damages, liabilities and expenses in connection with the loss of life, personal injury, damage to property or any other loss or injury whatsoever arising from or out of the License, or any occurrence in, upon or at the area, or the possession of or the use by any act or omission of the Licensee or by any one permitted to be on the area by the Licensee. If the Licensor shall, without fault on its part, be made party to any litigation commenced by or against the Licensee, then the Licensee shall protect, indemnify and hold the Licensor harmless and shall pay all costs, expenses and reasonable legal fees incurred or paid by the Licensor in connection with such litigation. ALL DISPLAYS MUST ADHERE TO THE FOLLOWING ONTARIO FIRE REGULATION: Display must have a minimum of ten (10) feet clearance from other exhibits/displays, storefronts, or stand-alone fixtures. The Licensee covenants and agrees to leave the area in a neat and tidy condition during each day of use of the area. Pickering Town Centre is private property and exists to encourage and facilitate patronage of the stores and services. If any events held on the premises of Pickering Town Centre interferes with the normal use of the Shopping Centre, this Agreement will be revoked immediately by the Centre's Management. This Agreement is not a lease the Licensor may terminate this agreement by giving written notice of such termination to the Licensee. Such written termination notice shall specify a termination date, which shall be at least thirty (30) days after the date the notice is given. This agreement shall terminate on the termination date so specified and thereafter the Licensee shall have no further right to use the Licensed Area. * Proof of current $5 million insurance coverage naming Landlord as additional insured (Ontario Pension Board; OPB Realty Inc.; By its Agent and Manager; Cushman & Wakefield Asset Services ULC) must be received prior to commencement date LICENSEE: LICENSOR: Date: SCHEDULE "A" FLOOR PLAN PITROFF PARTHERIHIP AACHIT• Ef,I$ ®Pickering Town Centre - Upper Level PROPS LEASING PLAN �-. MLLE ti15 MAY 5, 2017 Schedule "B" RULES AND REGULATIONS The following rules and regulations apply to all Specialty Leasing Tenants and are designed to create a safe, professional and exciting selling environment for our customers. Shopping Centre Hours Hours of operation for all Specialty Leasing tenants will coincide with the regular operating hours of the Shopping Centre, unless otherwise stated in the Special Provisions. Carts, Temporary Kiosks, Commercial Displays, Mall Shows or In-line temporary tenants are to be attended at all times with no coverage gaps during lunch, dinner or other breaks. Any Specialty Leasing tenant who does not maintain these mall hours will be in violation of their Licence Agreement and will be subject to immediate termination of the Licence Agreement and removal from Pickering Town Centre. Use Clause Specialty Leasing tenants may only sell merchandise or offer services that have been agreed upon in advance by the Specialty Leasing Manager, General Manager or Retail Manager. The Specialty Leasing Manager, General Manager or Retail Manager must approve any new or additional product or service prior to display or sale in the Licensed Area. Space Limitations Specialty Leasing tenants are licensed to operate only within the area of the unit provided and placement of anything off the licensed area will not be allowed without the prior consent of the Licensor. The area occupied and used by temporary kiosks, commercial displays and trade shows will vary dependant on the respective Lease. The display shall not have a total height of more than seven (7) feet and all displays must adhere to the fire regulation and require a minimum of ten (10) foot clearance from other exhibits/displays, storefronts or stand-alone fixtures (i.e. planters, mall seating, columns, and waste receptacles). All signage must be professionally done. Aesthetic Requirement All Specialty Leasing tenants are expected to have a complete inventory of merchandise on hand and all presentations and displays must appear full and well maintained at all times. Restocking should be done prior to mall opening or at closing. Any empty boxes or cartons must be removed from the display area. Specialty Leasing tenants are responsible for cleaning and maintenance for all aspects of the Licensed Area. The maintenance department or the Specialty Leasing Manager will supply replacement bulbs in the case of carts. Solicitation Solicitation by Licensee, or representatives thereof, is strictly prohibited. Licensee must remain within the confmes of the Licence Area, allowing customers to approach at their own discretion. Licensee agrees not to distribute handbills or other matter to customer(s) outside of the confmes of the Licensed Area. Security The security of merchandise and valuables at the Licensed Area is the sole responsibility of the Licensee. Keys to your Licensed Area should be kept in a secure location at all times. Employee Parking Specialty Leasing tenants' employees must restrict their parking to the areas designated by the Licensor. Security will provide you with the rules and regulations of the Shopping Centre's parking policy including a plan indicating designated employee -parking locations. Set up and Break Down Specialty Leasing tenants are to move in and move out of the mall at designated times and stay for the entire duration of the term of the Licence Agreement. No equipment will be available from or supplied by the mall for set up, take down or any other purpose. All dollies used to transport merchandise and supplies in the Shopping Centre must have rubber wheels only. Where applicable, receiving areas should be used and the locations will be advised. Mall Storage Storage space for Specialty Leasing tenants may be available. In the event that storage space is required, separate arrangements must be made with the Specialty Leasing Manager. Electricity Electricity is provided for all cart, and in-line tenants and, where available, for temporary kiosk tenants, with the maximum service of 120 -volt, 15 -amp service. Extension cords, if used, must be completely concealed and, if running across mall floors, must be covered with a Licensor -approved cover (no tape on mall tiles). Radios, heaters, fans etc are not permitted for common area set-ups. No tenant shall operate any equipment causing excessive noise or annoyance nor shall vendors or any Specialty Leasing tenant create any offensive odours. Garbage Removal The removal of garbage and/or recyclable materials to the Shopping Centre's designated garbage and recycling collection areas is the responsibility of the Specialty Leasing tenant. Debris such as, and not limited to, unwanted fixtures, skids and building materials are not permitted in the mall's garbage collection areas. Please see the Yellow Pages for appropriate locations for the disposal of this type of refuse. All refuse, empty boxes or cartons must be removed from the Licensed Area immediately. Stock in boxes is not permitted to be sitting on the floor around the licensed area of a cart. Trash and debris are to be placed in to the assigned compactor designated by the Shopping Centre, and not placed in the common area public trash receptacles. Permits All necessary permits are the responsibility of the Licensee prior to set up and to be provided to Licensor. Emergency Information Specialty Leasing tenants shall furnish Licensor with 24-hour emergency telephone number(s), a contact person(s) and a forwarding address. Tenant Information Manual Specialty Leasing tenants and their employees shall abide by the Licensor's Rules and Regulations with respect to the common area, facilities, improvements, parking lots and sidewalks. The Licensor may amend, repeal or create new rules and regulations from time to time and all such amendments, repeals and /or new rules and regulations shall be binding upon the vendor upon receipt of a copy thereof. Non -Conformance The Licensor reserves the right to refuse entry to any Specialty Leasing tenant's employee who does not abide by all operational rules and regulations for the Lease and schedules thereto. Violation of any of the above rules and regulations will be grounds for immediate termination of the Lease. Insurance A Certificate of Insurance with the limits as stated on the Lease is to be supplied by the Licensee to the Licensor prior to which possession of the Store will be granted. Such Certificate of Insurance shall name Ontario Pension Board, OPB Realty Inc., By its Agent and Manager; Cushman & Wakefield Asset Services ULC as additional insured. Contractor Work Any contractors completing work for a tenant onsite must supply the Licensor with their current $5 million liability insurance certificate and WSIB certificate prior to work commencing.