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HomeMy WebLinkAboutOPS 01-24Report to Executive Committee Report Number: OPS 01-24 Date: February 5, 2024 From: Brian Duffield Director, Operations Subject: OPG Waterfront Trail Licence Amending Agreement - File: A-1440 Recommendation: 1. That Report OPS 01-24 regarding the Ontario Power Generation Inc. and City of Pickering Licence Amending Agreement be received; 2. That the Mayor and City Clerk be authorized to execute a license amending agreement with the Ontario Power Generation Inc. for a further twenty-five year term, commencing on June 2, 2022 and ending on June 1, 2047, that is in a form satisfactory to 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 City of Pickering and Ontario Power Generation Inc. (OPG) entered into a Licence Agreement dated June 2, 1997, whereby Ontario Power Generation Inc. granted the City to use a three meter wide corridor for a pedestrian/cycling trail for recreational purposes only, in respect of the property located in part of Lots 19, 20, & 21 Range 3 Broken Front Concession, in the City of Pickering, Regional Municipality of Durham as shown on Attachment 1. The City of Pickering and OPG entered into a licence amending agreement on September 1, 1998 whereby OPG granted the Licence to include additional lands for the same purpose in respect of the property located in part of Lots 17 & 18, Range 2 Broken Front Concession, in the City of Pickering, Regional Municipality of Durham as shown on Attachment 1, Schedule “A”. OPG is in agreement to extend the term for a period of twenty-five years, commencing on June 2, 2022 and ending on June 1, 2047. Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priorities of Advance Innovation & Responsible Planning to Support a Connected, Well-Serviced Community and Lead & Advocate for Environmental Stewardship, Innovation and Resiliency. OPS 01-24 February 5, 2024 Subject: OPG Waterfront Trail Licence Amending Agreement Page 2 Financial Implications: Under the existing agreement, the City is responsible for the full cost of maintenance and capital cost replacement of the waterfront trail on the lands used for recreational purposes. Discussion: The City of Pickering entered into the original Licence Agreement with OPG dated June 2, 1997, whereby OPG granted the City to use a three meter wide corridor for a pedestrian/cycling waterfront trail for the purpose of recreational purposes only, in respect of the property located in part of Lots 19, 20, & 21 Range 3 Broken Front Concession, in the City of Pickering, Regional Municipality of Durham as shown on Attachment 1, Schedule “A”. The Schedule “A” Lands consist of 1.8 kilometers identified as the Waterfront Trail, a multiuse asphalt pathway that extends from Sandy Beach Road to the end of Montgomery Park Road. The Waterfront Trail is an important recreational trail that connects the City Pickering to the City of Toronto in the west and the Town of Ajax in the east. 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 a licence agreement for a further twenty-five year term (June 2, 2022 to June 1, 2047) be entered into, and that Council authorize the Mayor and City Clerk to execute the agreement in its final form. Attachment: 1. OPG Waterfront Trail Licence Amending Agreement, dated November 28, 2023 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 1 Licence Amending Agreement This Agreement (the “Second Licence Amending Agreement”) is made as of November 28, 2023 Between: ONTARIO POWER GENERATION INC., a corporation existing under the laws of Ontario (hereinafter called “OPG”) and THE CORPORATION OF THE CITY OF PICKERING a corporation existing under the laws of Ontario (hereinafter called the “City”) Recitals: A.WHEREAS OPG and the City entered into a licence agreement dated as of June 2, 1997(the "Licence"), whereby OPG granted a non-exclusive licence to the City to enter upon a portion of the Lands for a pedestrian/cycling trail (the “Trail”) as shown on Schedule “A”attached hereto; B.AND WHEREAS OPG and the City entered into a licence amending agreement dated asof September 1, 1998 (the “Amending Agreement”) whereby OPG granted the Licenceto include additional lands as described and replaced Schedules “A” and “B” of theLicence (the “Schedules”); C.AND WHEREAS All right, title, and interest of Ontario Hydro in the Amended and RestatedLicence Agreement (Amending Agreement) was transferred from Ontario Hydro to OPGby or pursuant to a Transfer Order (the “Transfer Order”) made under Section 116 of the Electricity Act, 1998, which Transfer Order was effective April 1, 1999. D.AND WHEREAS the City wishes to extend the term of the Licence; E.AND WHEREAS OPG and the City have agreed to amend the Licence and to extend theTerm of the Licence on the terms and conditions contained herein. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the sum of Two Dollars ($2.00) now paid by each party hereto to the other and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), OPG and the City covenant and agree as follows: 1. Recitals. The parties hereby acknowledge, confirm and agree that the foregoing recitalsare true in substance and in fact. Attachment #1 to Report OPS 01-24 2 2.Term. The parties hereby agree to extend the Term of the Licence for a term of twenty-five (25) years commencing June 2nd, 2022, and to be fully completed and ended on June 1st, 2047, except where the Licence has provided for early termination. 3.Deletion and Replacement of Section 12 of the Schedules Section 12 of Schedule “A” of the Licence is deleted and replaced with the following; The City shall prohibit drone, kite and model aeroplane flying and any other activities which in the opinion of OPG might interfere with the safe and efficient operation of its works or be offensive, annoying or dangerous and shall post signs in locations on the Lands approved in writing by OPG, stating that drone flying, kite flying and model aeroplane flying and other activities are prohibited. 4.Addition of Section 18 of the Schedules Under Section 17 of Schedule “A” of the Licence, the following will be added as Section 18. The City shall be permitted to perform winter maintenance of the parking lots, walkways and trails using only pickled sand with salt content no higher than five (5) percent. 5.General. (a)Except where inconsistent with the foregoing provisions of this Second Licence Amending Agreement, all of the provisions of the Licence Agreement and Amending Agreement shall apply, mutatis mutandis, to this Second Licence Amending Agreement. The parties acknowledge, confirm and agree that in all other respects the terms and conditions of the Licence Agreement and Amending Agreement remain in full force and effect, unchanged and unmodified (including, without limitation, except in accordance with this Second Licence Amending Agreement). (b)Except as specifically stated in this Second Licence Amending Agreement, any term which is defined in the Licence Agreement and Amending Agreement, shall, unless the context otherwise requires, have the same meaning when used in this Second Licence Amending Agreement. 6.The parties agree to execute such further and other agreements from time to time as may be reasonably necessary in order to give effect to this Second Licence Amending Agreement. 7.This Second Licence Amending Agreement may be executed in several counterparts and delivered by email or pdf copy, each of which when so executed shall be deemed to be an original and such counterparts together shall constitute one and the same instrument. This Second Licence Amending Agreement shall be binding upon and enure to the benefit of the parties hereto and their respective successors and their permitted assigns. 8.Unless the context requires otherwise, words importing the singular include the plural and vice versa and words importing gender notice include all genders. 3 9. The provisions hereto shall be interpreted according to the laws of the Province of Ontario. 10. The invalidity or unenforceability of any provision of this Second Licence Amending Agreement shall not affect the validity or enforceability of any other provision, but shall be deemed to be severable. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 4 The parties hereto have duly executed this Agreement as of the year and date first written above. ONTARIO POWER GENERATION INC. THE CORPORATION OF THE CITY OF PICKERING ____________________________ __________________________ Name: Izsak Dewar Name: Title: Real Estate Associate, Real Estate Services Title: BROCK RD MONTGOMERY PARK RD MCKAY RD SANDY BEACH RD Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community 655200 655200 655400 655400 655600 655600 655800 655800 656000 656000 656200 656200 656400 656400 656600 6568004852200 4852400 4852400 4852600 4852600 4852800 4853000 4853200 ´ SCHEDULE 'A' Legend The "Lands" The "Trail" Road 0 60 120 180 24030Meters electronic filename sheet version RealEstateServices date - yr/month/day requested by coordinate system zone datum scale units client group designed by 1:4,500 2023/11/28 Meters N. BRYAN NAD 1983 CSRS UTM 17N NA 1983 CSRS 001 of 1 DISCLAIMER:© Ontario Power Generation Inc. 2023. This map has been produced and distributed forOntario Power Generation Inc. purposes only. No part of this map may be reproduced,published, converted, or stored in any data retrieval system, or transmitted in any form or by anymeans (electronic, mechanical, photocopying, recording, or otherwise) without the prior writtenpermission of OPG. The information on this map may not be accurate or up to date. OPG makesno representations or warranties, either express or implied, regarding this map. Any third partyrelies on the information in this map at its own risk and neither OPG nor any agent acting onOPG’s behalf assumes any liability with respect to the use by a third party of this map. This mapmay contain data and other information sourced from Ontario Ministry of Natural Resources &Forestry and ESRI. This information is greatly acknowledged. I. DEWAR RES PNGS_City_Trail_Amendment_2023-11-28.pdf 01 00 revno date particulars dwn chkd designed verified approved Drafting Engineering