HomeMy WebLinkAboutOPS 24-23Report to Council
Report Number: OPS 24-23
Date: September 25, 2023
From: Brian Duffield
Director, Operations
Subject: Ontario Infrastructure and Lands Corporation Licence Renewal Agreement
- File: A-1440
Recommendation:
1. That Report OPS 24-23 regarding Ontario Infrastructure and Lands Corporation Licence
Renewal Agreement be received;
2. That the Mayor and City Clerk be authorized to execute the License Renewal Agreement
with Ontario Infrastructure and Lands Corporation to extend the term of the licence as set
out in Attachment 1 to this Report, subject to the revisions agreeable to the Director,
Operations and the Director, Corporate Services & City Solicitor; and,
3. That the appropriate City of Pickering officials be authorized to take the necessary
actions to give effect hereto.
Executive Summary: The attached draft Licence Renewal Agreement (Licence
Agreement) between Ontario Infrastructure and Lands Corporation (Infrastructure Ontario) and
the City of Pickering (the City) will continue to provide the City with much needed lands for
recreational uses.
The City and Ontario Infrastructure entered into Licence Agreements for five-year terms on
November 18, 2003, September 18, 2008, October 10, 2013, and December 18, 2018.
Ontario Infrastructure is in agreement to amend the term of the Licence for another term of
five-years, commencing on October 1, 2023 and ending on September 30, 2028.
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 fifty percent
(50%) of the annual reality taxes or other similar charges levied against the lands.
Discussion: The City of Pickering entered into the original Licence Agreement with
Infrastructure Ontario dated November 18, 2003 for the lands in the City of Pickering, Regional
Municipality of Durham located in part of Lot 20, Concession 2 in the City of Pickering,
Regional Municipality of Durham as shown on the attached Schedule “A”.
Schedule “A” lands consist of 0.60 acres identified as multiuse asphalt pathways that extend
from Brock Ridge Community Park to Valley Farm Road on the north side of Duffins Creek.
The multiuse pathway is an important recreational trail.
OPS 24-23 September 25, 2023
Subject: Ontario Infrastructure and Lands Corporation Licence Renewal Agreement Page 2
In order for the City of Pickering to continue providing recreational services on the land, a
further renewal of the Licence Agreement in a form satisfactory to the Director, Corporate
Services & City Solicitor, is required.
The Director, Operations recommends extending the Licence Agreement for a further five-
year term (October 1, 2023 to September 30, 2028) be entered into, and that Council authorize
the Mayor and City Clerk to execute the agreement in its final form.
Attachment:
1. Draft Licence Renewal Agreement
Prepared By: Approved/Endorsed By:
Original Signed By: Original Signed By:
Rob Gagen Brian Duffield
Manager, Parks & Property Director, Operations
BD:rg
Recommended for the consideration
of Pickering City Council
Original Signed By:
Marisa Carpino, M.A.
Chief Administrative Officer
HONI File #: PICKERING C 632.1-569
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 -
THE 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 Chair of Management
Board of Cabinet (previously the Minister of Economic Development, Employment
and Infrastructure or Minister of Infrastructure) now the Minister of Government and
Consumer Services entered into a Licence Agreement with the Licensee, dated
November 18th, 2003 (the “Licence Agreement”), regarding certain lands located in
the City of Pickering, in the Regional Municipality of Durham, described as Part of
Lot 20, Concession 2, Geographic Township of Pickering, comprising an area of
approximately 0.6 acre, (the “Licence Lands”) for the purpose of 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 October, 2023.
Attachment 1 to Report OPS 24-23
HONI File #: PICKERING C 632.1-569
2
4. 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 th e
Licence Agreement for the purposes stated herein.
5. 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
6. 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.
7. 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.
8. 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.
9. 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 C 632.1-569
3
IN WITNESS WHEREOF the parties hereto have executed this Licence Renewal Agreement.
Signed by the Licensee at this day of 20 .
THE 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 C 632.1-569
4
Schedule “A”
HONI File: PICKERING C 632.1-569
Tenant(s): CITY OF PICKERING
Legal Description: Part of Lot 20, Concession 2,
City of Pickering, Regional Municipality of Durham
Licensed Area: 0.60 acres
Lands Owned by His Majesty the King in the Right of Ontario
Licensed Area