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HomeMy WebLinkAboutOPS 03-24Report to Council Report Number: OPS 03-24 Date: February 26, 2024 From: Brian Duffield Director, Operations Subject: Regional Municipality of Durham Portable Washroom Trailer Lease Agreement - File: A-1440 Recommendation: 1. That Report OPS 03-24 regarding the Regional Municipality of Durham and City of Pickering Lease Agreement be received; 2. That the Mayor and City Clerk be authorized to execute a lease agreement with the Regional Municipality of Durham for a one-year term, commencing on November 1, 2023 and ending on October 31, 2024, 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 attached draft Lease Agreement between the City of Pickering and the Regional Municipality of Durham will provide Durham Region Transit employees exclusive use of a portable washroom trailer located within the City road allowance on the Pickering Parkway, PIN 26335-0002 that abuts to the south of the parking lot at 1340 Pickering Parkway, in the City of Pickering, as further legally described in Schedule “A” (the “Lands”) of the draft Lease Agreement. The City of Pickering and the Regional Municipality of Durham wish to enter into an lease agreement for a one-year term, commencing on November 1, 2023 and ending on October 31, 2024. Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority of Advance Innovation & Responsible Planning to Support a Connected, Well-Serviced Community and Lead & Advocate for Environmental Stewardship, Innovation and Resiliency. Financial Implications: Under this agreement, there is no financial costs to the City. Discussion: The City of Pickering wishes to enter into a lease agreement with the Regional Municipality of Durham for the use of the property known as the roadway Pickering Parkway, PIN 26335, that abuts to the south of the parking lot at 1340 Pickering Parkway, in the City of OPS 03-24 February 26, 2024 Subject: Regional Municipality of Durham Portable Washroom Page 2 Trailer Lease Agreement Pickering, as further legally described in Schedule “A” (the “Lands”) within the attached Lease Agreement. Schedule “B" (the “Designated Area”) consists of a portion of the Lands described generally as exterior space on the sidewalk adjacent to the Durham Region Transit bus stop on Pickering Parkway, consisting of the use of approximately 150 square feet of sidewalk just southeast of the Highway 401 pedestrian bridge, on the north side of Pickering Parkway. This location is an important and highly used transit hub that links Durham Region transit stops to the Highway 401 pedestrian bridge for public access to the Pickering GO Transit station. In order for the Durham Region Transit to provide services on the Land in the form of transit stops, a lease agreement in a form satisfactory to the Director, Corporate Services & City Solicitor, is required. The Director, Operations recommends that a lease agreement be entered into for a one-year term (November 1, 2023 and ending on October 31, 2024), and that Council authorize the Mayor and City Clerk to execute the agreement in its final form. Attachment: 1. Draft Lease 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 Reference: LEA-P-31 Page 1 of 6 This Lease Agreement made the 31st of October 2023 The Regional Municipality of Durham (the “Tenant”) -and- The Corporation of the City of Pickering (the “Landlord”) WHEREAS the Landlord is the registered owner of the property known as the roadway Pickering Parkway, PIN 26335-0002 that abuts to the south of the parking lot at 1340 Pickering Parkway, in the City of Pickering, as further legally described in Schedule “A” (the “Lands”); AND WHEREAS the Tenant has expressed the need to use a portion of the Lands for the purpose of placement of a Portable Washroom Trailer; NOW THEREFORE, the parties agree as follows. 1.Lease The Landlord hereby leases to the Tenant a portion of the Lands described generally as exterior space on the sidewalk adjacent to the Durham Region Transit bus stop on Pickering Parkway, consisting of the use of approximately 150 square feet of sidewalk just southeast of the Highway 401 pedestrian bridge, on the north side of Pickering Parkway and outlined in dashed red on Schedule “B” (the "Designated Area") for the purposes set out in this Agreement. 2.Term The term of this Agreement is for one (1) year commencing on November 1, 2023 and ending on October 31, 2024. 3.Use The Tenant may use the Designated Area for the placement of a Portable Washroom Trailer for the exclusive use of Durham Region Transit employees. The Landlord may, from time to time, restrict access to the Designated Area, upon delivering notice to the Tenant thirty (30) days prior to restricting access. The notice must set out the reason that access is to be restricted, the area of the Lands to be affected and the length of time during which access is to be restricted. In the case of an emergency or urgent matter, the Landlord may restrict access to the Designated Area immediately and notify the Tenant of such restriction, including the reason for the access to be restricted. 4.Option to Renew The Tenant shall have the option, exercisable by ninety-days of notice to the Landlord to extend the rental arrangement until October 31, 2025 upon the same terms and conditions if agreeable by the Landlord. 5.Basic Rental Rate There will be no applicable rent for this space. Attachment 1 to Report OPS 03-24 Reference: LEA-P-31 Page 2 of 6 6. Utilities The Tenant shall be responsible for installation and payment of utilities. 7. Property Taxes There shall be no Property Taxes payable by the Tenant. 8. Custodial Services, Maintenance and Repair The Tenant shall be responsible for all maintenance, including custodial services and shall keep the Portable Washroom Trailer and the Designated Area clean and in a good state of repair. The Tenant will indemnify and compensate the Landlord for any damage caused to the Landlord’s property as a result of installing or maintaining the Portable Washroom Trailer. 9. Designated Area, Snow Removal and Equipment The Tenant shall regularly inspect and keep clean and free of garbage, dirt and debris that accumulate, and regularly remove snow and ice and apply salt as the conditions require in the Designated Area. 10. Insurance Tenant's Insurance The Tenant, at its sole cost and expense, shall take out and maintain: (a) Insurance upon the Portable Washroom Trailer and any other chattels which are located on the Lands; (b) Commercial general liability insurance pertaining to the Tenant’s liability to others in respect of injury, death or damage to property occurring upon, in or about the Lands, such insurance to be of an amount which is reasonable and sufficient having regard to the scope of the risk and the current practice of prudent owners of similar premises for the carrying on of similar activities, but in any event in an amount not less than five million dollars ($5,000,000.00) for claims arising out of one occurrence. The Landlord shall be added as an additional insured to the Region’s commercial general liability insurance policy; and (c) Insurance would be carried by a prudent person with similar operations. The Tenant shall provide an insurance certificate completed by the Region’s insurance provider confirming such coverage. 11. Indemnification Each party shall defend, indemnify and save harmless the other party from any and all claims, demands, causes of action, loss, costs or damages that the indemnified party may suffer, incur or be liable for resulting from the performance by the indemnifying party or its contractors of its obligations under this Agreement, save and except damages, claims, demands, actions or causes of action arising out of or as a result of the sole actions of the indemnified party, its agents or employees Reference: LEA-P-31 Page 3 of 6 12. Binding Agreement This Agreement is not binding on any parties until it is mutually accepted by both parties through execution of this Agreement. It is acknowledged by the Landlord that the party signing this Lease Agreement on behalf of the Tenant has the authority to bind the Tenant, and that they are appropriate signing officers of the Tenant. Both parties further agree that unless mutually agreed in writing between both parties and signed by each of the parties respective signing authorities, there shall be no representations, warranties, inducements or agreements between the Landlord and the Tenant except that which are specifically provided for in this Lease. 13. Schedules Schedules “A” and “B” attached hereto form part of this Agreement. 14. Electronic Documents This Agreement may be executed in multiple counterparts, each of which shall be deemed an original agreement and both of which shall constitute one and the same agreement. The counterparts of this Agreement may be executed and delivered by facsimile, e-mail, or other electronic signature (including portable document format) by either of the parties and the receiving party may rely on the receipt of such document so executed and delivered electronically or by facsimile or e-mail, as if the original had been received. 15. Independent Legal Advice Each of the parties hereby acknowledges that it has been afforded the opportunity to obtain independent legal advice and confirms by the execution and delivery of this Agreement that they have either done so or waived their right to do so in connection with the entering into of this Agreement. Reference: LEA-P-31 Page 4 of 6 Schedule “A” Legal Description of the Lands: PIN 26335-0002 (LT) PCL CON. 1-21-4 SEC PICKERING; PT LTS 21 & 22 CON 1 PTS 37 - 40, 42 - 45, 47, 48, 54 & 55 40R7765 SAID LANDS BEING IN THE TOWN OF PICKERING IN THE REGIONAL MUNICIPALITY OF DURHAM Reference: LEA-P-31 Page 5 of 6 Schedule “B” Designated Area of the Lands: Signing Page Follows Designated Area PIN 26335-0002 Reference: LEA-P-31 Page 6 of 6 In Witness Whereof the Landlord has executed this Lease Dated at ____________________ this _____ day of ________________, 2023 The Corporation of the City of Pickering ______________________________ Name: Title: I have the Authority to bind the Landlord In Witness Hereof the Tenant hereby accepts the above Offer Dated at ____________________ this _____ day of ________________, 2023 The Regional Municipality of Durham _____________________________ Ramesh Jagannathan, MBA, M. Eng, P. Eng., PTOE Acting Commissioner of Works I have the Authority to bind the Tenant