HomeMy WebLinkAboutENG 03-24Report to
Executive Committee
Report Number: ENG 03-24
Date: March 4, 2024
From: Richard Holborn
Director, Engineering Services
Subject: Amberlea Tennis Club and Pickering Pickleball Club Inc. Licence Agreements
Shadybrook Park, Tennis Court Expansion – Tender No. T2023-14
- File: A-1440
Recommendation:
1. That the Mayor and City Clerk be authorized to execute the Licence Agreement with
Amberlea Tennis Club submitted as Attachment 1 of Report ENG 03-24, subject to 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 the Licence Agreement with
Pickering Pickleball Club Inc. submitted as Attachment 2 of Report ENG 03-24, subject to
minor revisions as may be required by the Director, Community Services and the
Director, Corporate Services & City Solicitor;
3. That Tender No. T2023-14 for the Shadybrook Park Tennis Court Expansion as
submitted by Zilli Construction Ltd. in the total tendered amount of $248,261.00 (HST
included) be accepted;
4. That the total gross project cost of $291,669.00 (HST included), including the tendered
amount, a contingency and other associated costs, and the total net project cost of
$262,657.00 (net of HST rebate) be approved;
5. That Council authorize the Director, Finance & Treasurer to finance the total net project
cost of $262,657.00 as follows:
a) the sum of $196,993.00 available budget in capital project C10320.2318 as
approved in the 2023 Capital Budget to be funded by a transfer from Development
Charges – City’s Share Reserve;
b) the sum of $65,664.00 available budget in capital project C10320.2318 as
approved in the 2023 Capital Budget to be funded by a transfer from the
Development Charges Reserve Fund – Parks & Recreation Services; and,
6. That the appropriate officials of the City of Pickering be authorized to take the necessary
actions as indicated in this report.
ENG 03-24 March 4, 2024
Subject: Amberlea Tennis Club and Pickering Pickleball Club Inc. Licence Agreements
Shadybrook Park, Tennis Court Expansion, Tender No. T2023-14 Page 2
Executive Summary: The purpose of this report is to provide an updated Licence
Agreement with the Amberlea Tennis Club (ATC), to provide a new Licence Agreement for the
Pickering Pickleball Club Inc. (PPC), and to obtain authorization to award Tender No. T2023-14
for the contract for the expansion of the Amberlea Tennis Club facilities located in Shadybrook
Park tennis court expansion, to Zilli Construction Ltd.
As per Council Resolution #935/22, that subject to approval of the design and construction of
the third court at Shadybrook Park for tennis and pickleball, staff be required to update the
lease agreement with Amberlea Tennis Club and return it for Council’s approval.
During the review of the current lease agreement, Legislative Services has recommended the
ATC lease agreement be converted to a licence agreement. The recommendation is based on
the usage of the facility. While a lease provides the tenant with exclusive interest in the
property, a licence grants permission for the licensee to conduct an action on the property.
Both ATC and PPC will be granted permission to conduct activities of their clubs at the
Shadybrook Park Courts, making a licence agreement more appropriate.
Board members from ATC and PPC have requested separate licence agreements for each
club, rather than pickleball’s inclusion in the updated ATC licence agreement. This allows
members to play their desired sport, with full insurance coverage under each sport’s governing
body. As a result, a new separate Licence Agreement was created for PPC.
As part of the 2023 Capital Budget, Council approved funds for the construction of an
additional Tennis/Pickleball Court at Shadybrook Park. Staff consulted with ATC and PPC and
prepared a design that will accommodate one tennis or four pickleball courts in the same
space, delineated with different colour lines on the acrylic surfacing. The tennis court netting
and posts will be permanently installed at center court while the pickleball courts will use
portable nets for their play, running in the opposite direction to the tennis court, with two courts
per side.
Tender No. T2023-14, for the court expansion was advertised on Bids & Tenders on
December 5, 2023 and closed on January 9, 2024, with 22 bidders responding. The lowest
compliant bid of $248,261.00 (HST included) submitted by Zilli Construction Ltd. is
recommended for approval. The total gross project cost which includes the tendered amount, a
contingency and other associated costs, is estimated at $291,669.00 (HST included) and the
total net project cost is estimated at $262,657.00 (net of HST rebate).
The Engineering Services Department recommends the acceptance of the lowest compliant
bid submitted Zilli Construction Ltd. for Tender No. T2023-14 in the amount of $248,261.00
(HST included) and that the total net project cost of $262,657.00 (net of HST rebate) be
approved.
Relationship to the Pickering Strategic Plan: The recommendations in this report respond
to the Pickering Strategic Plan Priority to Advance Innovation & Responsible Planning to
Support a Connected, Well-Serviced Community and to Advocate for an Inclusive, Welcoming,
Safe & Healthy Community.
ENG 03-24 March 4, 2024
Subject: Amberlea Tennis Club and Pickering Pickleball Club Inc. Licence Agreements
Shadybrook Park, Tennis Court Expansion, Tender No. T2023-14 Page 3
Financial Implications:
1. Tender Amount
Tender No. T2023-14
$219,700.00
HST (13%) 28,561.00
Total Gross Tender Amount $248,261.00
2. Estimated Project Cost Summary
Shadybrook Park, Tennis Court Expansion
Tender No. T2023-14 $219,700.00
Associated Costs
Electrical Consulting (Kirkland Engineering)
Materials Testing Allowance
7,050.00
5,000.00
Contingency (12% of Tender No. T2023-14) 26,364.00
Sub Total – Costs $258,114.00
HST (13%) 33,555.00
Total Gross Project Cost $291,669.00
HST Rebate (11.24%) (29,012.00)
Total Net Project Cost $262,657.00
3. Approved Source of Funds – 2023 Parks Capital Budget
Expense Code Source of Funds Budget Available Required
C10320.2318.01-
504700
Reserve-DC’s City’s Share
DC Reserve Fund – Parks &
Recreation Services
$300,000.00
100,000.00
$196,993.00
65,664.00
Total $400,000.00 $262,657.00
Net Project Cost under (over) Approved Funds $137,343.00
ENG 03-24 March 4, 2024
Subject: Amberlea Tennis Club and Pickering Pickleball Club Inc. Licence Agreements
Shadybrook Park, Tennis Court Expansion, Tender No. T2023-14 Page 4
Discussion: The purpose of this report is to provide an updated Licence Agreement with
the Amberlea Tennis Club (ATC), to provide a new Licence Agreement for the Pickering
Pickleball Club Inc. (PPC), and to obtain authorization to award Tender No. T2023-14
Shadybrook Park tennis court expansion, to Zilli Construction Ltd.
Amberlea Tennis Club and Pickering Pickleball Club Inc. Licence Agreements
At the Council meeting of February 28, 2022, Council received correspondence Corr. 11-22
(Attachment 3) from ATC requesting the construction of a third court at Shadybrook Park that
could be used jointly for tennis and pickleball. Through Resolution #825/22 (Attachment 4)
Council directed staff to discuss ATC’s proposal; conduct an engagement of the residents who
reside in the Amberlea community near the Park; and to identify possible funding sources for
construction.
Based on the community feedback in support of a third court, the request by ATC, and ongoing
demand for pickleball courts, staff recommended in Report CS 11-22that Council endorse the
proposed plan to design and construct a third court at Shadybrook Park for tennis and
pickleball. Subject to Council’s approval to design and construct the third court, staff would
update the lease agreement with ATC and return it for Council’s approval.
As per Council Resolution #935/22 (Attachment 5), City staff have prepared an update to the
existing lease agreement with ATC.
ATC is an incorporated, not for profit volunteer run club with an existing lease agreement that
allows exclusive use of the two tennis courts at Shadybrook Park. ATC offers a variety of
lessons, leagues, and social events for all ages and all skill levels. The current cost of
membership is $30.00 for adults and $20.00 for juniors. There were 257 members for the 2023
season.
PPC is a newly incorporated, not for profit, volunteer run club with approximately 500
members. PPC membership allows players to participate in lessons, house league and social
events as well as affiliation with Pickleball Ontario and Pickleball Canada.
ATC and PPC have worked together to develop a shared schedule for use of the third court
(Court 3). Fifty-nine hours per week are available for pickleball court time, 53 hours per week
are available for tennis court time.
ATC and PPC have agreed to a 50/50 allocation of the day-to-day costs to operate on Court 3,
which includes program supplies and administrative costs. The Clubs have agreed to a 50/50
allocation of funds required to supply, maintain, repair and/or replace furniture, windscreens
and appliances, in order to operate activities. The Clubs shall jointly pay the annual charges for
hydro use to Court 3 as per the City’s General Municipal Fees By-law.
The ATC and PPC will each maintain insurance in the amount of two million dollars, naming
the City as an additional insured.
ENG 03-24 March 4, 2024
Subject: Amberlea Tennis Club and Pickering Pickleball Club Inc. Licence Agreements
Shadybrook Park, Tennis Court Expansion, Tender No. T2023-14 Page 5
Staff recommends that each Licence Agreement included as Attachments 1 and 2, be initiated
for a term beginning April 1, 2024 and ending December 31, 2028.
Shadybrook Park, Tennis Court Expansion Tender
Tender No. T2023-14, for the Shadybrook Park Tennis Court Expansion, was advertised on
Bids & Tenders on December 5, 2023 and closed on January 9, 2024, with 22 bidders
responding. The low bid of $248,261.00 (HST included) submitted by Zilli Construction Ltd. is
recommended for approval. The total gross project cost which includes the tendered amount, a
contingency and other associated costs, is estimated at $291,669.00 (HST included) and the
total net project cost is estimated at $262,657.00 (net of HST rebate).
All required pre-conditions of award have been received and approved.
Upon careful examination of all tenders and relevant documents received, the Engineering
Services Department recommends the acceptance of the low bid submitted Zilli Construction
Ltd. for Tender No. T2023-14 in the amount of $248,261.00 (HST included) and that the total
net project cost of $262,657.00 (net of HST rebate) be approved.
Attachments:
1. Draft Licence Agreement with Amberlea Tennis Club
2. Draft Licence Agreement with Pickering Pickleball Club Inc.
3. Council Correspondence Corr.11-22 from Amberlea Tennis Club dated January 23, 2022
4. Council Resolution #825/22
5. Council Resolution #935/22
6. Location Map
ENG 03-24 March 4, 2024
Subject: Amberlea Tennis Club and Pickering Pickleball Club Inc. Licence Agreements Shadybrook Park, Tennis Court Expansion, Tender No. T2023-14 Page 6
Prepared By: Approved/Endorsed By:
Karen Coleman Laura Gibbs, MBA, MSc.
Manager, Fitness, Courts & Aquatics (Acting) Director, Community Services
Arnold Mostert, OALA Richard Holborn, P. Eng. Manager, Landscape & Parks Development Director, Engineering Services
Cathy Bazinet, NIGP-CPP Stan Karwowski, MBA, CPA, CMA
Manager, Procurement Director, Finance & Treasurer
AM:mjh
Recommended for the consideration
of Pickering City Council
Marisa Carpino, M.A. Chief Administrative Officer
Original signed by:Original Signed by:
Original signed by:Original signed by:
Original signed by:Original signed by
Original signed by:
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Licence Agreement
This Licence Agreement is made as of the 1st day of April 2024
Between:
The Corporation of the City of Pickering (the "City")
-and -
Amberlea Tennis Club (the "Club")
Article I Interpretation
Recitals:
1. Whereas arrangements have been agreed to and finalized as between theAmberlea Tennis Club and the Pickering Pickleball Club Inc. in relation to theshared use of the proposed third court expansion, it is acknowledged by the
parties hereto that this agreement is replacing the earlier lease agreement dated
July 1st, 2023
2. Whereas the Club has requested to use the two tennis courts (three once theexpansion referred to in section 45 is complete) practice area, and storage bunkers,within Shadybrook Park as shown on Schedule “A” and “B” attached hereto, located
at 1905 Shadybrook Drive, in the City of Pickering, Region of Durham andwhereas these tennis courts shall hereinafter be referred to as the “licencedpremises”.
3.The Club has agreed to use the licenced premises on a seasonal basis for the purposeof operating their non-profit tennis club.
4.The City has agreed to grant to the Club a seasonal licence subject to the terms and
conditions contained in this agreement, permitting the Club to access and use thelicenced premises for the purpose of operating its non-profit tennis club. Thereforein this agreement the “City” is the Licensor and the “Club” will be the Licensee.
Definitions
5.In this Agreement,
a)"Commencement Date" means April 1st, 2024;
b)"Licenced Premises" means that portion of the two tennis courts (two tenniscourts and one multi-use court once the expansion is complete), practice area,storage bunkers, within Shadybrook Park therein as shown on Schedule “A”
and “B” attached hereto, located at 1905 Shadybrook Drive, in the City ofPickering, Regional Municipality of Durham;
c)"Licence Fee" means the fee payable pursuant to Section 22; and
d)"Term" means the term of this Licence Agreement as set out in Section 18.
Attachment 1 to Report ENG 03-24
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Headings
6.The division of this Agreement into articles, sections, subsections and schedules andthe insertion of headings are for convenience of reference only and shall not affect
the construction or interpretation of this Agreement.
Severability
7.All of the provisions of this Agreement are to be construed as covenants even wherenot expressed as such. If any such provision is held to be or rendered invalid,unenforceable or illegal, then it shall be considered separate and severable from this
Agreement and the remaining provisions of this Agreement shall remain in force.
Governing Law
8.This Agreement shall be governed by, and interpreted and enforced in accordancewith, the laws in force in the Province of Ontario.
Entire Agreement
9.This Agreement constitutes the entire agreement between the parties concerning thePremises and may only be amended or supplemented by an agreement in writingsigned by both parties.
Article II Grant and Use
Grant of Licence
10.(a) In consideration of the performance by the Club of its obligations under thisAgreement, the City grants permission to the Club to use the licenced premises during the Term on a seasonal basis. The Club acknowledges its right to use the seasonal, portable washrooms facilities is non-exclusive.
(b)The Club acknowledges that this agreement does not create an interest in the
licenced premises nor does the Club claim any past or present interest,howsoever arising, as a result of or connected in any way with the use of thelicenced premises.
(c)The licence granted herein is only for the duration of this agreement and only forthe purposes and uses stated herein. No other purposes or use shall be
permitted without prior written approval from the Director of CommunityServices.
Club Use of Premises
11.Subject to paragraph 45, the Premises shall be used only for Amberlea’s non-profittennis club, at its expense and for no other purpose without the prior written consent
of the City which consent may be withheld by the City in its sole discretion.
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Nuisance
12. The Club shall not carry on any activities or do or suffer any act or thing that constitutes a nuisance or which is offensive or an annoyance to the City or other
users of Shadybrook Park.
City Use of Premises
13. It is acknowledged that if the Club for whatever reason is not actively using the licenced premises then this agreement shall be considered to be terminated and the
City shall be free to use the licenced premises for its own purposes. The Club shall not be entitled to receive any rental fees or any other type of remuneration associated with the use of the Premises by the City or any other party.
Assignment
14. The Club shall not assign this Licence without the prior written consent of the City.
Licences
15. The Club may not grant licences to any other party to use the licenced Premises.
16. The Club shall submit their annual financial statement to the City by December 1st of each year.
17. The Club shall submit a list of the Club Board of Directors and their contact information to the City by December 1st of each year.
Article III Term
Term
18. The term of this Licence shall be four (4) years from the Commencement Date to December 31st, 2028 from January 1st to December 31st each year.
19. The City may terminate this Licence at any time for any reason provided it has given the Club six (6) months prior notice in writing.
20. The Club may terminate this Licence at any time for any reason provided it has given
the City six (6) months prior notice in writing.
Overholding
21. If the Club continues to use the Premises after the expiry of the Term, there shall be no tacit renewal of this Agreement or the Term, notwithstanding statutory provisions
or any legal presumption to the contrary, and the Club shall be deemed to be
trespassing.
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Article IV Licence Fee
Licence Fee
22.The Club shall pay to the City as a licence fee for the entire Term in lawful money of
Canada the sum of One (1) Dollar ($1.00)
Utilities
23.The Club shall pay annual charges to the City for each of the tennis courts on site forhydro use. This amount shall be paid on or before April 1st in each year of the term.Annual charges are subject to The General Municipal Fees By-law.
Article V
Maintenance, Repairs and Alterations of the Licenced Premises
24.The Club shall maintain and operate the Premises so that they shall always be ofgood appearance, tidy, clean, safe and suitable for the proper operation of the
Premises.
25.The Club shall provide general maintenance services to the Premises at its expenseand shall provide all necessary cleaning and maintenance supplies and cleaningequipment related to the courts and any associated building under their exclusiveuse.
26.The Club, at its sole expense shall provide the court nets and any shade screening.
This would include installation, removal and storage each year.
27.The City or its designate, shall be responsible for all day-to-day operating expensesincluding garbage removal, bleachers, benches, fencing, any building associated withuse of the courts, lighting and the court surface life cycle replacement.
28.The Club shall be responsible for any damages or costs incurred due to the misuse
or negligence of the Club, its employees, invitees, servants, agents, or others underits control and the Club shall pay to the City on demand the expense of any repairsincluding the City’s reasonable administration charge necessitated by suchnegligence or misuse.
29.The Club shall immediately notify the City of any unsafe conditions on the Premises.
Security
30.The Club shall be responsible for the gate lock and shall ensure that the gate isproperly locked at the end of each day during the tennis season. The Club willensure that any key or combination to any lock are provided to the City formaintenance and inspection access.
Alterations/Improvements to Premises
31.The Club shall only be permitted to make alterations and improvements to the
Premises that have been approved by the City.
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Article VI Insurance and Indemnity
Club's Insurance
32. The Club, at its sole cost and expense, shall take out and maintain,
a) insurance upon property owned by it which is located on the Premises; and
b) commercial general liability insurance pertaining to the Club's liability to others in respect of injury, death or damage to property occurring upon, in or about the Premises. 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 businesses,
but in any event in an amount not less than two million dollars ($2,000,000.00) for claims arising out of one occurrence. Such policy shall also name the City as an additional named insured and may not be cancelled unless prior notice by registered letter has been given to the City by the insurer 30 days in
advance of the expiry date.
33. Prior to the Commencement Date, the Club shall file with the City a Certificate of Insurance in a form satisfactory to the City Treasurer, verifying that the commercial general liability insurance policy is in effect and setting out the essential terms and conditions of the insurance.
34. The provision of the insurance policy required by this section shall not relieve the
Club from liability for claims not covered by the policy or which exceed its limits, if any, for which the Club may be held responsible.
Insurance Risks
35. The Club shall not do, omit to do, or permit to be done or omitted to be done upon the
Premises anything that may contravene or be prohibited by any of the City's
insurance policies in force from time to time covering or relevant to any part of the Premises or which would prevent the City from procuring its policies with companies acceptable to the City. If the conduct of business in the Premises or any acts or omissions of the Club on the Premises causes or results in any increase in premiums
for any of the City's insurance policies, the Club shall pay such increase to the City.
Indemnification
36. Each of the City and the Club shall indemnify and save harmless the other from and against any and all actions, losses, damages, claims, costs and expenses (including solicitors' fees on a solicitor and client basis) to which the party being indemnified
shall or may become liable by reason of any breach, violation or non-performance by
the party so indemnifying of any covenant, term or provision of this Licence agreement or by reason of any damage, injury or death occasioned to or suffered by any person or persons including the City or the Club, as the case may be, or any property by reason of any wrongful act, neglect or default on the part of the party so
indemnifying or any of those persons for whom it is in law responsible. For greater
6
certainty, the limitation of liability set out above in this section does not extend to claims, losses or damages resulting in whole or in part from the gross negligence or willful misconduct of the party claiming indemnification, its employees or those for
whom it is in law responsible.
Article VII Remedies on Default
City's Right to Remedy Default
37.In addition to all other remedies the City may have under this Agreement and in law, ifthe Club is in default of any of its obligations under this Agreement, and such default
has continued for a period of ten (10) days after receipt of notice by the Club (or suchlonger period as may be reasonably required in the circumstances to cure suchdefault, except in an emergency where the City will not be required to give notice),the City, without prejudice to any other rights which it may have with respect to suchdefault, may remedy such default and the Club shall be responsible for all such costs.
In addition, if the Licensee fails to remedy any default or breach within 10 days ofbeing notified of the default or breach the Licensor may then immediately terminatethis agreement.
Waiver
38.No condoning, excusing or overlooking by the City of any default, breach or non-
observance by the Club at any time or times in respect of any covenant, obligationunder this Agreement shall operate as a waiver of the City’s rights hereunder inrespect of any continuing or subsequent default, breach or non-observance, or so asto defeat or affect in any way the rights of the City in respect of any such continuingor subsequent default or breach, and no waiver shall be inferred from or implied by
anything done or omitted by the Club save only an express waiver in writing.
Article VIII Miscellaneous
Quiet Enjoyment
39.The City shall permit the Club to peaceably use and enjoy the Premises during theTerm without any interference from the City, or any person lawfully claiming by, from
or under the City provided the Club is not in default.
Right of Entry
40.The Club agrees to permit the City and authorized representatives of the City to enterthe Premises as the City deems necessary, including for the purpose of inspectingand maintaining the premises.. The City shall use its best efforts to minimize the
disruption to the Club's use of the Premises during any such entry.
Signs
41.The Club may only erect signs on the Premises with the City’s prior approval. Allsuch signs shall be removed from the Premises at the end of the Term.
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Compliance with Laws
42.The Club, at its sole cost and expense, shall comply with all legal requirements(including statutes, laws, by-laws, regulations, ordinances, orders, rules and
regulations of every governmental authority having jurisdiction) that relate to the useof the Premises by the Club or the making of any improvements to the Premises bythe Club.
Notice
43.Any notice required to be given by the City to the Club under this Agreement shall be
in writing and shall be delivered to or such other address of which the Club hasnotified the City in writing, and any such notice delivered shall be deemed good andsufficient notice under the terms of this Lease.
Contact: Henrik Villumsen, PresidentEmail: Villumsen_henrik@yahoo.dk
Address: 1831 Fairport Rd, Pickering, ON L1V 1T2
44.Any notice required to be given by the Club to the City under this Agreement shall bein writing and shall be delivered to The Corporation of the City of Pickering, PickeringCivic Complex, One The Esplanade, Pickering, Ontario (Attention: City Clerk) or suchother address of which the City has notified the Club in writing, and any such notice
delivered shall be deemed good and sufficient notice under the terms of thisAgreement.
Third Court Expansion
45.It is anticipated that a 3rd (third) multi-use court will be constructed at Shadybrook Parkin the spring of 2024. Once construction of the third-court expansion at Shadybrook
Park is complete as per Schedule B, it is acknowledged and agreed that AmberleaTennis Club will be sharing the new multi-use court with Pickering Pickleball Club Incand the time and hours on the new multi-use court will be split in accordance withSchedule C to this agreement. These two (2) clubs will share the operating costs ofthe new multi-use court, including the hydro charge, on a 50/50 division (Amberlea
Tennis Club will remain 100% responsible for the operating costs of the other twocourts). Any alteration of the time/hours in Schedule C is subject to the approval of theDirector of Community Services.
CHDRC Indoor Court Use
46.Should the Club require the use of the indoor tennis court(s) at the Chestnut HillDevelopments Recreation Complex for league play, tryouts and/or weather- relatedreasons and the use can be accommodated; the Club will be charged for their usageas per the current approved fees & charges.
Schedules
47. Schedules “A”, “B”, and “C” attached hereto form part of this Agreement.
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In Witness Whereof the parties have executed this Licence Agreement.
The Corporation of the City of Pickering
Kevin Ashe, Mayor
Susan Cassel, City Clerk
Amberlea Tennis Club
Henrik Villumsen, President (I have authority to bind the corporation)
Luckson Zireva, Secretary
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Schedule “A”
SCHEDULE "A"
SHADYBROOOK PARK
P-014
SCHEDULE"A"
SHADYBROOOKPARK
PP 014014
10
Schedule “B”
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Schedule “C”
Shared Use Schedule for the Anticipated New Multi-Use Court
Amberlea Tennis Club will be permitted to use the new multi-use court for tennis during the following time slots:
7:00 am to 11:00 pm on Mondays, Wednesdays, Fridays and on Sunday mornings from 7:00 am to 12:00 pm.
Pickering Pickleball Club Inc will be permitted to use the new multi-use court for pickleball
during the following time slots:
7:00 am to 11:00 pm on Tuesdays, Thursdays, Saturdays and on Sundays from 12:00 pm
to 11:00 pm.
Licence Agreement
This Licence Agreement is made as of the 1st day of April 2024
Between:
The Corporation of the City of Pickering (the "City")
-and -
Pickering Pickleball Club Inc (the "Club")
Article I Interpretation
Recitals:
1.Whereas the Club has requested to use the one multi-use court (once the expansion
referred to in section 44 is complete) within Shadybrook Park as shown on Schedule
“B” attached hereto, located at 1905 Shadybrook Drive, in the City of Pickering, Region
of Durham and whereas this court shall hereinafter be referred to as the “licenced
premises”.
2.The Club has agreed to use the licenced premises on a seasonal basis for the purpose
of operating their non-profit pickleball club.
3.The City has agreed to grant to the Club a seasonal licence subject to the terms and
conditions contained in this agreement, permitting the Club to access and use the
licenced premises for the purpose of operating its non-profit pickleball club.
Therefore in this agreement the “City” is the Licensor and the “Club” will be the
Licensee.
Definitions
4.In this Agreement,
a)"Commencement Date" means April 1st, 2024;
b)"Licenced Premises" means that portion of the one multi-use court and
storage container (once the expansion is complete) within Shadybrook Park
therein as shown on Schedule “B” attached hereto, located at 1905
Shadybrook Drive, in the City of Pickering, Regional Municipality of Durham;
c)"Licence Fee" means the fee payable pursuant to Section 21; and
d)"Term" means the term of this Licence Agreement as set out in Section 17.
Headings
5.The division of this Agreement into articles, sections, subsections and schedules and
the insertion of headings are for convenience of reference only and shall not affect
the construction or interpretation of this Agreement.
Attachment 2 to Report # ENG 03-24
2
Severability
6.All of the provisions of this Agreement are to be construed as covenants even where
not expressed as such. If any such provision is held to be or rendered invalid,
unenforceable or illegal, then it shall be considered separate and severable from this
Agreement and the remaining provisions of this Agreement shall remain in force.
Governing Law
7.This Agreement shall be governed by, and interpreted and enforced in accordance
with, the laws in force in the Province of Ontario.
Entire Agreement
8.This Agreement constitutes the entire agreement between the parties concerning the
Premises and may only be amended or supplemented by an agreement in writing
signed by both parties.
Article II Grant and Use
Grant of Licence
9.(a)In consideration of the performance by the Club of its obligations under this
Agreement, the City grants permission to the Club to use the licenced
premises during the Term on a seasonal basis. The Club acknowledges its
right to use the seasonal, portable washrooms facilities is non-exclusive.
(b)The Club acknowledges that this agreement does not create an interest in the
licenced premises nor does the Club claim any past or present interest,
howsoever arising, as a result of or connected in any way with the use of the
licenced premises.
(c)The licence granted herein is only for the duration of this agreement and only for
the purposes and uses stated herein. No other purposes or use shall be
permitted without prior written approval from the Director of Community
Services.
Club Use of Premises
10.Subject to paragraph 44, the Premises shall be used only for Pickering Pickleball Club’s
non-profit pickleball club, at its expense and for no other purpose without the prior
written consent of the City which consent may be withheld by the City in its sole
discretion.
Nuisance
11.The Club shall not carry on any activities or do or suffer any act or thing that
constitutes a nuisance or which is offensive or an annoyance to the City or other
users of Shadybrook Park.
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City Use of Premises
12.It is acknowledged that if the Club for whatever reason is not actively using the
Licenced Premises, then this agreement shall be considered to be terminated and the
City shall be free to use the Licenced Premises for its own purposes. The Club shall
not be entitled to receive any rental fees, or any other type of remuneration
associated with the use of the Premises by the City or any other party.
Assignment
13.The Club shall not assign this Licence without the prior written consent of the City.
Licences
14.The Club may not grant licences to any other party to use the Licenced Premises.
15.The Club shall submit their annual financial statement to the City by December 1st of
each year.
16.The Club shall submit a list of the Club Board of Directors and their contact
information to the City by December 1st of each year.
Article III Term
Term
17.The term of this Licence shall be four (4) years from the Commencement Date to
December 31st, 2028 from January 1st to December 31st each year.
18.The City may terminate this Licence at any time for any reason provided it has given
the Club six (6) months prior notice in writing.
19.The Club may terminate this Licence at any time for any reason provided it has given
the City six (6) months prior notice in writing.
Overholding
20.If the Club continues to use the Premises after the expiry of the Term, there shall be
no tacit renewal of this Agreement or the Term, notwithstanding statutory provisions
or any legal presumption to the contrary, and the Club shall be deemed to be
trespassing.
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Article IV Licence Fee
Licence Fee
21.The Club shall pay to the City as a licence fee for the entire Term in lawful money of
Canada the sum of One (1) Dollar ($1.00)
Utilities
22.The Club shall pay annual charges to the City for use of the multi-use court on site
for hydro use. This amount shall be paid on or before April 1st in each year of the
term. Annual charges are subject to The General Municipal Fees By-law.
Article V
Maintenance, Repairs and Alterations of the Licenced Premises
23.The Club shall maintain and operate the Premises so that they shall always be of
good appearance, tidy, clean, safe and suitable for the proper operation of the
Premises.
24.The Club shall provide general maintenance services to the Premises at its expense
and shall provide all necessary cleaning and maintenance supplies and cleaning
equipment related to the court under their exclusive use.
25.The Club, at its sole expense shall provide the court nets. This would include
installation, removal and storage each year.
26.The City or its designate, shall be responsible for all day-to-day operating expenses
including garbage removal, bleachers, benches, fencing, any building associated with
use of the courts, lighting and the court surface life cycle replacement.
27.The Club shall be responsible for any damages or costs incurred due to the misuse
or negligence of the Club, its employees, invitees, servants, agents, or others under
its control and the Club shall pay to the City on demand the expense of any repairs
including the City’s reasonable administration charge necessitated by such
negligence or misuse.
28.The Club shall immediately notify the City of any unsafe conditions on the Premises.
Security
29.The Club shall be responsible for the gate lock and shall ensure that the gate is
properly locked at the end of each day during the pickleball season. The Club
will ensure that any key or combination to any lock are provided to the City for
maintenance and inspection access.
Alterations/Improvements to Premises
30.The Club shall only be permitted to make alterations and improvements to the
Premises that have been approved by the City.
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Article VI Insurance and Indemnity
Club's Insurance
31. The Club, at its sole cost and expense, shall take out and maintain,
a) insurance upon property owned by it which is located on the Premises; and
b) commercial general liability insurance pertaining to the Club's liability to others
in respect of injury, death or damage to property occurring upon, in or about
the Premises. 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 businesses,
but in any event in an amount not less than two million dollars ($2,000,000.00)
for claims arising out of one occurrence. Such policy shall also name the City
as an additional named insured and may not be cancelled unless prior notice
by registered letter has been given to the City by the insurer 30 days in
advance of the expiry date.
32. Prior to the Commencement Date, the Club shall file with the City a Certificate of
Insurance in a form satisfactory to the City Treasurer, verifying that the commercial
general liability insurance policy is in effect and setting out the essential terms and
conditions of the insurance.
33. The provision of the insurance policy required by this section shall not relieve the
Club from liability for claims not covered by the policy or which exceed its limits, if
any, for which the Club may be held responsible.
Insurance Risks
34. The Club shall not do, omit to do, or permit to be done or omitted to be done upon the
Premises anything that may contravene or be prohibited by any of the City's
insurance policies in force from time to time covering or relevant to any part of the
Premises or which would prevent the City from procuring its policies with companies
acceptable to the City. If the conduct of business in the Premises or any acts or
omissions of the Club on the Premises causes or results in any increase in premiums
for any of the City's insurance policies, the Club shall pay such increase to the City.
Indemnification
35. Each of the City and the Club shall indemnify and save harmless the other from and
against any and all actions, losses, damages, claims, costs and expenses (including
solicitors' fees on a solicitor and client basis) to which the party being indemnified
shall or may become liable by reason of any breach, violation or non-performance by
the party so indemnifying of any covenant, term or provision of this Licence
agreement or by reason of any damage, injury or death occasioned to or suffered by
any person or persons including the City or the Club, as the case may be, or any
property by reason of any wrongful act, neglect or default on the part of the party so
indemnifying or any of those persons for whom it is in law responsible. For greater
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certainty, the limitation of liability set out above in this section does not extend to
claims, losses or damages resulting in whole or in part from the gross negligence or
wilful misconduct of the party claiming indemnification, its employees or those for
whom it is in law responsible.
Article VII Remedies on Default
City's Right to Remedy Default
36. In addition to all other remedies the City may have under this Agreement and in law, if
the Club is in default of any of its obligations under this Agreement, and such default
has continued for a period of ten (10) days after receipt of notice by the Club (or such
longer period as may be reasonably required in the circumstances to cure such
default, except in an emergency where the City will not be required to give notice),
the City, without prejudice to any other rights which it may have with respect to such
default, may remedy such default and the Club shall be responsible for all such costs.
In addition, if the Licensee fails to remedy any default or breach within 10 days of
being notified of the default or breach the Licensor may then immediately terminate
this agreement.
Waiver
37. No condoning, excusing or overlooking by the City of any default, breach or non-
observance by the Club at any time or times in respect of any covenant, obligation
under this Agreement shall operate as a waiver of the City’s rights hereunder in
respect of any continuing or subsequent default, breach or non-observance, or so as
to defeat or affect in any way the rights of the City in respect of any such continuing
or subsequent default or breach, and no waiver shall be inferred from or implied by
anything done or omitted by the Club save only an express waiver in writing.
Article VIII Miscellaneous
Quiet Enjoyment
38. The City shall permit the Club to peaceably use and enjoy the Premises during the
Term without any interference from the City, or any person lawfully claiming by, from
or under the City provided the Club is not in default.
Right of Entry
39. The Club agrees to permit the City and authorized representatives of the City to enter
the Premises as the City deems necessary, including for the purpose of inspecting
and maintaining the premises. The City shall use its best efforts to minimize the
disruption to the Club's use of the Premises during any such entry.
Signs
40. The Club may only erect signs on the Premises with the City’s prior approval. All
such signs shall be removed from the Premises at the end of the Term.
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Compliance with Laws
41.The Club, at its sole cost and expense, shall comply with all legal requirements
(including statutes, laws, by-laws, regulations, ordinances, orders, rules and
regulations of every governmental authority having jurisdiction) that relate to the use
of the Premises by the Club or the making of any improvements to the Premises by
the Club.
Notice
42.Any notice required to be given by the City to the Club under this Agreement shall be
in writing and shall be delivered to or such other address of which the Club has
notified the City in writing, and any such notice delivered shall be deemed good and
sufficient notice under the terms of this Agreement.
Contact: Mike Garvey, President
Email: mikegarvey24@gmail.com
Address: 1703 Greenvale Crescent
Pickering, ON L1V 4W7
43.Any notice required to be given by the Club to the City under this Agreement shall be
in writing and shall be delivered to The Corporation of the City of Pickering, Pickering
Civic Complex, One The Esplanade, Pickering, Ontario (Attention: City Clerk) or such
other address of which the City has notified the Club in writing, and any such notice
delivered shall be deemed good and sufficient notice under the terms of this
Agreement.
Third Court Expansion
44.It is anticipated that a 3rd (third) multi-use court will be constructed at Shadybrook Park
in the spring of 2024. Once construction of the third-court expansion at Shadybrook
Park is complete as per Schedule B, it is acknowledged and agreed that Pickering
Pickleball Club Inc will be sharing the new multi-use court with Amberlea Tennis Club
and the time and hours on the new multi-use court will be split in accordance with
Schedule C to this agreement. These two (2) clubs will share the operating costs of
the new multi-use court, including the hydro charge, on a 50/50 division (Amberlea
Tennis Club will remain 100% responsible for the operating costs of the other two
courts). Any alteration of the time/hours in Schedule C is subject to the approval of the
Director of Community Services.
CHDRC Indoor Court Use
45.Should the Club require the use of the indoor tennis/pickleball court(s) at the
Chestnut Hill Developments Recreation Complex for league play, tryouts and/or
weather- related reasons and the use can be accommodated; the Club will be
charged for their usage as per the current approved fees & charges.
Schedules
46.Schedules “A”, “B”, and “C” attached hereto form part of this Agreement. (Schedule “A”
illustrates the courts pre-s. 44 expansion)
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In Witness Whereof the parties have executed this Licence Agreement.
The Corporation of the City of Pickering
Kevin Ashe, Mayor
Susan Cassel, City Clerk
Pickering Pickleball Club Inc
Mike Garvey, President
(I have authority to bind the corporation)
David Werry, Vice-President
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Schedule “A”
SCHEDULE "A"
SHADYBROOOK PARK
P-014
SCHEDULE"A"
SHADYBROOOKPARK
PP 014014
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Schedule “B”
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Schedule “C”
Shared Use Schedule for the Anticipated New Multi-Use Court
Amberlea Tennis Club will be permitted to use the new multi-use court for tennis during
the following time slots:
7:00 am to 11:00 pm on Mondays, Wednesdays, Fridays and on Sunday mornings from
7:00 am to 12:00 pm.
Pickering Pickleball Club Inc will be permitted to use the new multi-use court for pickleball
during the following time slots:
7:00 am to 11:00 pm on Tuesdays, Thursdays, Saturdays and on Sundays from 12:00 pm
to 11:00 pm.
Pickering, January 23, 2022
To Mr. Maurice Brenner
City Councillor Ward 1
City of Pickering
Dear Mr. Brenner:
My name is Henrik Villumsen and I’m the new president of Amberlea Tennis Club (ATC),
succeeding Rosemary Aiken who has decided to step down, after many years of successful
volunteering. The courts are located in the Shadybrook Park in Amberlea.
She and I were looking at your “New Year’s Message” in the January 2022 issue of Amberlea
Living and noticed you mentioned a new pickleball feature this Spring.
We understand that pickleball is an up-and-coming sport, with a growing demand for courts in
our city.
ATC’s membership has grown over the years and in 2021, we had over 300 members (this is in
contrast to 150 members in 2018, so quite a significant jump). The outside courts are used for
casual playing, junior drop-ins, leagues (both club and inter-city in Durham) and camps (mainly
juniors) with the latter run by a pro and his team.
However, we still only have 2 courts available to the members (and a practice court with a wall)
for the above-mentioned activities and programs. As you can imagine, court availability has
become a challenge.
Attachment 3 to Report ENG 03-24
Corr. 11-22
In the past, the club’s request for a 3rd court has not been approved by the city.
However, we believe there is now the potential for a “win-win” situation and have the
following proposal: add a 3rd court which would feature both tennis and pickleball
• this court could be perpendicular to the 2 existing courts in order not to disturb the
residential housing nearby
• the court would have lighting to enable play at night
• there would be a separate entrance
• access to the court via a key lock on the gate
The last 3 points are similar to what we currently have for the tennis courts.
Our goal would be to develop and maintain a strong partnership with the pickleball members
and ensuring that ample court time would always be available.
We firmly believe this would be a massive boost for both sports in our community and have a
positive impact on the area!
Please contact me if you would like to discuss further.
I’m reachable on e-mail and phone
Best regards,
Henrik Villumsen
Legislative Services Division Clerk’s Office Directive Memorandum
March 4, 2022
To: Richard Holborn Director, Engineering Services
From: Susan Cassel City Clerk
Subject: Direction as per Minutes of the Meeting of City Council held on
February 28, 2022
Amberlea Tennis Club Partnership with Pickleball
Council Decision Resolution #825/22
WHEREAS, the membership of the Amberlea Tennis Club has doubled from 150 in
2018 to 300 in 2021, creating the need for a third court to accommodate this continued
growing sport;
And Whereas, the Amberlea Tennis Club provides opportunities for casual playing, junior drop-ins, leagues (club and inter-city in Durham) and junior camps;
And Whereas, the Amberlea Tennis Club recognizes the importance of building partnerships, and in particular how this can accommodate the rapid growth of pickleball and its need for more outdoor facilities;
And Whereas, the president of the Amberlea Tennis Club on behalf of its membership,
has put forward a proposal that will accommodate their club and that of the pickleball users, requesting a third court be constructed perpendicular to the existing courts in order to not disturb the residents. The third court would include lighting, an entrance separating it from the two existing courts, and would be constructed in a manner that
would enable its shared use by pickleball users;
Now therefore be it resolved that the Council of The Corporation for the City of Pickering directs:
1.That staff through the Office of the CAO reach out to the Amberlea Tennis Club
to discuss their proposal for the construction of a third court to be shared with
pickleball users;
2.That staff through the Office of the CAO conduct an engagement of the residentswho reside in the Amberlea community near the Park where the proposal is
being considered;
3.That staff through the Office of the CAO identify funding sources such as DCs,grants and other revenue streams that could enable consideration forconstruction as part of the 2023 Capital Budget; and,
Attachment 4 to Report ENG 03-24
4.That staff through the Office of the CAO report back to Council through theExecutive Committee no later than the June 6, 2022 meeting.
Please take any action deemed necessary.
A copy of the original correspondence is attached for your reference.
Susan Cassel
Encl.
Copy: Chief Administrative Officer
Legislative Services Division Clerk’s Office Directive Memorandum
June 30, 2022
To: Sarah Douglas-Murray Director, Community Services
From: Susan Cassel City Clerk
Subject: Direction as per Minutes of the Meeting of City Council held on
June 27, 2022
Director, Community Services, Report CS 11-22 Amberlea Tennis Club Court Expansion -Shadybrook Park
Council Decision Resolution #935/22
1.That Report CS 11-22, regarding Amberlea Tennis Club Court Expansion at
Shadybrook Park, be received;
2.That Council endorse, in principle, the proposed plan to design and construct
a third court at Shadybrook Park for Tennis and Pickleball;
3.That funding for design and construction of the third court at Shadybrook Park
for Tennis and Pickleball be considered in the preparation of the 2023 Parks
Capital Budget;
4.That subject to approval of the design and construction of the third court at
Shadybrook Park for Tennis and Pickleball, staff be directed to update the
lease agreement with Amberlea Tennis Club and return it for Council’s
approval; and,
5.That the appropriate officials of the City of Pickering be authorized to take the
necessary actions indicated in this report.
Please take any action deemed necessary.
Susan Cassel
Copy: Director, Finance & Treasurer
Chief Administrative Officer
Attachment 5 to Report ENG 03-24
Engineering Services
Department
SCALE: DATE:
1:5000 Feb. 16,2024
Attachment 6 to Report ENG 03-24
Shadybrook Park
Location Map