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Home My WebLink AboutSUS 07-24Report to Executive Committee Report Number: SUS 07-24 Date: June 10, 2024 From: Kyle Bentley Director, City Development & CBO Subject: Licence Extension with Infrastructure Ontario for Duffin Heights Plantings File: D-7001-009 Recommendation: 1.That the Mayor and City Clerk be authorized to execute a Licence Extension and Amending Agreement with Ontario Infrastructure and Lands Corporation as set out inAttachment 1 to this report, subject to minor revisions as may be required by the Director,Corporate Services & City Solicitor, and/or Chief Administrative Officer; and 2.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: The purpose of this report is to seek authorization from Council to execute a Licence Extension and Amending Agreement with Ontario Infrastructure and Lands Corporation (commonly referred to as Infrastructure Ontario (IO) for City access to their land parcels in the Duffin Heights area. The 5-year Licence Agreement that the City of Pickering executed with IO in April 2019 expired in April 2024. Through this licence, the City of Pickering had access to IO land parcels around Duffin Heights to coordinate and implement sustainable naturalization programs and events, such as the annual Take Pride in Pickering Day tree planting and litter cleanup. This work was funded through the Duffin Heights Terrestrial Habitat Reserve Fund. Preliminary planning is underway for two projects this fall in Duffin Heights, a riparian planting project and a tree planting project, as identified in the 2024 Current Budget. City staff are seeking authorization to enter into another 5-year agreement with IO so that these sustainability opportunities can continue. The licence renewal fee remains the same as it was in 2019. The attached Licence Extension and Amending Agreement has been reviewed by Legal Services staff. Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan’s Priorities of Strengthen Existing & Build New Partnerships; and Lead & Advocate for Environmental Stewardship, Innovation & Resiliency. SUS 07-24 June 10, 2024 Subject: Licence Extension with Infrastructure Ontario for Duffin Heights Plantings Page 2 Financial Implications: The licence fee of $1,500.00, plus applicable tax, in the total amount of $1,695.00 will be funded from City Development’s account line Program and Events Supplies – Tree Planting 502520.00000.9726 in the 2024 Current Budget. Discussion: The purpose of this report is to seek Council’s approval to execute a Licence Extension and Amending Agreement with IO for City access to their land parcels in the Duffin Heights area. The attached agreement has been reviewed by Legal Services staff. On April 14, 2019, the City of Pickering executed a 5-year Licence Agreement with IO to access their land parcels in the Duffin Heights area. This agreement expired on April 13, 2024. During that time, the City oversaw the delivery of sustainability related projects, notably the annual Take Pride in Pickering Day tree planting and litter clean up event, which attracted significant community participation. In 2022-2023 for example, over 300 residents volunteered their time to pick up litter and plant 650 trees/shrubs at these events. City staff have begun planning two projects to take place this fall in Duffin Heights: a riparian planting and an urban forest planting. The forest planting project will welcome 10,000 Trees, a new partner in 2024, who has graciously offered to donate an additional 200 trees for the planting. Staff seek Council’s approval to execute the 5-year Licence Extension and Amending Agreement with IO. Attachment: 1.Licence Extension and Amending Agreement SUS 07-24 June 10, 2024 Subject: Licence Extension with Infrastructure Ontario for Duffin Heights Plantings Page 3 Prepared By: Original Signed By Kristy Gagen Coordinator, Environmental Engagement Original Signed By Chantal Whitaker, BESc (Hons), CSR-P Manager, Sustainability & Strategic Environmental Initiatives Approved/Endorsed By: Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO CW:jc Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer M51703 M51703 Licence Extension and Amending Agreement Attachment 1 to Report SUS 07-24 LICENCE EXTENSION AND AMENDING AGREEMENT THIS AGREEMENT made effective as of April 14, 2024. B E T W E E N: HIS MAJESTY THE KING IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF INFRASTRUCTURE (the “Licensor”) - and - THE CORPORATION OF THE CITY OF PICKERING (the “Licensee”) WHEREAS: A.By Order in Council No. 1198/2022, approved and ordered August 29, 2022, certain responsibilities in respect of Government property under the Ministry of Infrastructure Act, 2011, S.O. 2011, c. 9, Sched. 27 and other responsibilities were assigned and transferred from the Minister of Government and Consumer Services to the Minister of Infrastructure. B.By a licence agreement dated April 14, 2019 (the “Original Licence”), Her Majesty the Queen in right of Ontario as represented by the Minister of Government and Consumer Services did licence the Lands unto the Licensee for a term of 5 years commencing on April 14, 2019 and ending on April 13, 2024 (the “Original Term”). C.Following the death of Queen Elizabeth II on September 8, 2022, all powers and duties of Her Majesty the Queen in right of Ontario are transferred and assigned to His Majesty the King in right of Ontario. D.The parties hereby agree to amend and extend the Original Licence as hereinafter provided. E.The Original Licence and as amended and extended herein, is hereinafter collectively referred to as the “Licence”. NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the mutual promises hereinafter set forth and other good valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties hereto, the parties hereto agree as follows: - 2 - M51703 Licence Extension and Amending Agreement 1. CONFIRMATION OF RECITALS The parties hereto confirm that the foregoing recitals are true in substance and in fact. 2. EXTENSION OF LICENCE The parties hereto agree that: (a) The term of the Licence is hereby extended for five (5) years from the end of the Original Term (the “Extension Term”). (b) For clarity, the Extension Term shall commence on April 14, 2024 and expire on April 13, 2029. 3. LICENCE FEE FOR THE EXTENSION TERM The Licensee hereby covenants to pay to the Licensor a licence fee of One Thousand Five Hundred Dollars ($1,500.00) (the “Licence Fee”), plus all applicable Sales Taxes, being a total of One Thousand Six Hundred and Ninety-Five Dollars ($1,695.00) payable upon the execution hereof by the Licensee. 4. AMENDMENT OF LICENCE The extension of the term of the Licence as contemplated in this Agreement is subject to all the covenants and conditions contained in the Original Licence, as amended, renewed and extended from time to time, save and except for: a) EXTENSION OPTION The Licensor and Licensee acknowledge that there shall be no further option to extend this Licence beyond the Extension Term. b) RIGHT TO TERMINATE The Licensor reserves the right to terminate this Licence at any time upon giving the Licensee no less than ninety (90) days prior written notice of such termination. c) ADDRESS OF LICENSOR Ontario Infrastructure and Lands Corporation 1 Dundas Street West, Suite 2000 Toronto, Ontario M5G 1Z3 Attention: Vice President, Real Estate Operations Fax: (416) 327-1906 Email: REOpsnotices@infrastructureontario.ca - 3 - M51703 Licence Extension and Amending Agreement With a copy to: Ontario Infrastructure and Lands Corporation 1 Dundas Street West, Suite 2000 Toronto, Ontario M5G 1Z3 Attention: Director, Legal (Leasing and Contract Management Fax: (416) 327-3376 Email: LeasingNotices@infrastructureontario.ca And an additional copy to: Ontario Infrastructure and Lands Corporation c/o BGIS 4175 14th Avenue Markham, Ontario L3R 0J2 Attention: IO Lease Administration Fax: (416) 860-3462 By Email: IOMleaseAdmin@bgis.com d) LICENCE FEE PAYMENTS The Licensee shall send all Licence Fee payments to the following address: Ontario Infrastructure and Lands Corporation c/o BGIS 4175 14th Avenue Markham, Ontario L3R 0J2 Attention: IO Lease Administration By Email: IOMleaseAdmin@bgis.com EXECUTED by each of the parties under seal on the date written below. M51703 M51703 Licence Extension and Amending Agreement SIGNED, SEALED AND DELIVERED Dated this _____ day of April, 2024. 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: I/We have authority to bind the corporation Dated this _____ day of April, 2024. THE CORPORATION OF THE CITY OF PICKERING Per: ________________________________ Name: Title: I/We have authority to bind the corporation