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HomeMy WebLinkAboutCS 09-26 Report to Council Report Number: CS 09-26 Date: April 27, 2026 From: Laura Gibbs Director, Community Services Subject: Licence Agreement for the Odd Fellows Hall Between the City of Pickering and the Shuttlebug Weavers & Spinners Guild File: A-1440-001 Recommendation: 1. That Report CS 09-26 regarding a Licence Agreement with the Shuttlebug Weavers & Spinners Guild for the Odd Fellows Hall be received; 2. That the Mayor and City Clerk be authorized to execute the Licence Agreement with the Shuttlebug Weavers & Spinners Guild as set out in Attachment 1 to this report, subject to minor revisions acceptable to the Director, Community Services and City Solicitor; and, 3. That the appropriate officials of the City of Pickering be authorized to take the actions necessary to implement the recommendations in this report. 1.0 Executive Summary: The purpose of this report is to execute the licence agreement with the Shuttlebug Weavers & Spinners Guild (“the Guild”) for a term beginning on June 1, 2026, and ending on December 31, 2031. The City of Pickering is committed to maintaining and strengthening its partnership with the Guild and to supporting their contributions to the community by entering into a non‑exclusive five‑year licence agreement. This agreement will permit the use of designated space within Odd Fellows Hall at the Pickering Museum Village for the purpose of operating their community program. The Guild was formerly using space at the Greenwood Community Centre (GWCC) for their activities; however, the GWCC will be decommissioned in July 2026. Odd Fellows Hall proved CS 09-26 April 27, 2026 Page 2 to be a suitable and desirable replacement space. The Guild is in favour of this licence agreement and agree to abide by the conditions set therein. Staff recommend that a licence agreement be initiated for the Guild to allow the operation of their community program within Odd Fellows Hall at the Pickering Museum Village as outlined in Attachment 1. 2.0 Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority of Strengthen Existing & Build New Partnerships. 3.0 Financial Implications: Since the Odd Fellows Hall is part of the Pickering Museum Village, and is owned and operated by the City, the maintenance and upkeep of the building is already undertaken by the City. There are no additional costs resulting from the approval of this licence agreement. The Odd Fellows Hall is available for facility rentals at the community group rate of $155.95 for four hours. Based on the licence agreement, with an average use of twice per week, excluding blackout dates, the cost of un-realized revenue to the City is approximately $15,127.15 per year. 4.0 Discussion: The purpose of this report is to execute the licence agreement with the Guild beginning on June 30, 2026, and ending on December 31, 2031. 4.1 Background on the Guild The Guild grew from the 1960’s efforts of the Green & White Senior Citizens group of Greenwood and Whitevale who obtained a New Horizons grant, collected donations, and fundraised to build an addition on the GWCC. They built shelving, tables, and counters to furnish the space, purchased 20 Dorothy looms and hired instructors to teach spinning and weaving. Over the years, additional floor looms were acquired through donations or purchased using membership fees and fundraising activities. The majority of the Weaver’s looms are Canadian-made, solid hardwood weighing 100 - 600 lbs., and over 25 years of age. They are kept in good working order through regular use and maintenance. The Guild has become a collaborative cultural hub for the regional community of handweavers and spinners, providing access to weaving looms and warping mills, and running regular programs and activities. The lack of space for these types of activities has caused the demise CS 09-26 April 27, 2026 Page 3 of many similar groups in the area and the Guild have welcomed former members from Whitevale Craftworks (lost space in the Whitevale Community Centre), Scugog Arts (lost space in the police station), Oshawa (lost space in a church at Rossland and Simcoe), Markham Guild Village Crafts, and the Scarborough Treadle Trompers. The Guild have much to share with the Pickering community and will benefit from the continued provision of a visible and accessible space to continue their community program. The Weaver’s working looms, spinning wheels, and artisanal skills in producing handmade textiles conserve and promote local history and heritage. Offering an inclusive and welcoming community program, the Guild are keen to cultivate further opportunities for the creation, education, and enjoyment of fibre arts in Pickering. As a fast-growing age category in Pickering, those aged 55+, are well represented and served by the activities of handweaving and spinning. This artisanal pursuit offers physical, social, emotional, and mental health benefits to participants of all ages and cultures. The cost of membership for the Guild is $50 and open to new registrants. 4.2 Relocation of the Guild Staff began meeting with the Guild in 2024 regarding the space they currently utilize for their activities. These meetings were intended to discuss the decommissioning of GWCC in 2026 and also to discuss the Weaver’s space needs to see if they could be accommodated in a municipal facility. According to the Guild, they had 1,565 square feet of occupied space in the GWCC, plus access to shared spaces like washrooms and the multipurpose room. Several city facilities were considered in early discussions with the Guild; however, there were considerable constraints that were identified by the Guild that limited options. The Guild activities are funded by membership fees ($50 per year per member) which primarily pays for materials and programs. The Guild did not pay any rent for use of the GWCC, and they do not have an ability to pay for a market-rate lease. The Guild also uses large, stationary looms which can weigh up to 600 lbs., and include many moving parts that are fragile. The equipment that the Guild had collected over 50 years had grown to include 20 large floor looms, 4 table looms, sewing machines, a reference library, warping boards, and supplies. Through discussions between City staff and the Guild, the Odd Fellows Hall at the Pickering Museum Village was identified as the best facility for relocation. This space features many desirable elements including: • temperature controlled, secured building; • located within the Hamlet of Greenwood, right across the road from the GWCC; • available parking, with access to public washrooms in the Redman Program Centre; • as the museum is a city facility, snow clearing and building maintenance is already in place; • Odd Fellows Hall has space for limited storage for program supplies; and, • in discussions with museum staff, there are partnership opportunities that would be mutually beneficial to the city and the Guild. Weaving activities can be featured at museum events, and co-developed programs can be offered to residents. CS 09-26 April 27, 2026 Page 4 The relocation to the Odd Fellows Hall will result in downsizing the Guild collection and moving to non-exclusive use of space, as Odd Fellows Hall will continue to be used for museum programs and rentals. A grant was provided from the City to the Guild to reduce the cost burden of relocation. 4.3 Licence Agreement The Guild holds monthly board meetings and also hosts some special events like the ‘Shuttlebug Show & Sale’, and potluck social events. These facility uses have been accommodated through facility permits in the Dorsay Community & Heritage Centre and are not intended to be part of the Weaver’s use of Odd Fellows Hall provided through the licence agreement. In 2026, the fees for these facility bookings have been fully offset by the community grant program. Staff have consulted with the Guild in the preparation of the draft licence agreement, and they are agreeable to its terms. The licence agreement has been reviewed by a Solicitor from Corporate Services. Staff recommend that a licence agreement be executed with the Guild to permit the operation of their community program within Odd Fellows Hall at the Pickering Museum Village as outlined in Attachment 1. The proposed agreement will be for a term commencing on June 1, 2026, and ending on December 31, 2031. Attachment: 1. Shuttlebug Weavers & Spinners Guild Licence Agreement Prepared By: Suzanne Moore, Supervisor, Community Services Administration Approved/Endorsed By: Laura Gibbs, MBA, MSc., Director, Community Services LG:sm Recommended for the consideration of Pickering City Council By: Marisa Carpino, M.A. Chief Administrative Officer Licence Agreement This Licence Agreement is effective as of the 1st day of June, 2026. Between: The Corporation of the City of Pickering (the "City") -and - The Shuttlebug Weavers & Spinners Guild (the “Guild”) Whereas the City is the owner of Odd Fellows Hall (the “Hall”) at the Pickering Museum Village located at 3550 Greenwood Rd, Greenwood, ON L1X 0J3; And Whereas the Guild wishes to use the Hall for the purpose of operating their community program; and Whereas the City is prepared to grant a licence to the Guild to permit non-exclusive use of the Hall and washrooms located in the Redman House Program Centre for such purpose; Now therefore the parties agree as follows: Article 1 Interpretation Definitions 1.In this Agreement, a)“Commencement Date” means June 1, 2026; b)“Premises” means the first floor of the building known as the Odd Fellows Hall at Pickering Village Museum for the delivery of their program as hereinafter defined; c)“Licence Fee” means the fee(s) payable pursuant to Section 20; d)“Term” means the term of this Licence Agreement as set out in Section 16; Attachment 1 to Report CS 09-26 Shuttlebug Weavers Guild Licence Agreement Page 2 2 e) “Director” means the Director of the City’s Community Services Department or his/her designate; f) “Community Program” means all activities related to the delivery of the weaving program, and the use of all weaving equipment (looms); and g) As the Shuttlebug Weavers and Spinners Guild is an unincorporated association it is agreed and understood that when that term or the term “Guild” is used in this agreement it means the unincorporated association and all its members in their capacity as individuals. Headings 2. 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. Schedule 3. Schedule “A” (Guild’s use of Odd Fellows Hall) is incorporated into and forms part of this Agreement. The Guild’s use of the premises shall be in accordance with Schedule A. The Director, Community Services may review Schedule A on an annual basis during the term and adjust as necessary. The City agrees to notify the Guild in writing should any changes to Schedule A be required. Severability 4. All 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 the rest of this Agreement and the remaining provisions of this Agreement shall remain in force. Number 5. Wherever a word importing the singular number only is used in this Agreement, such word shall include the plural. Words importing either gender or firms or corporations shall include the other gender and individuals, firms or corporation where the context so requires. Governing Law 6. This Agreement shall be governed by, and interpreted and enforced in accordance with, the laws of the Province of Ontario. Shuttlebug Weavers Guild Licence Agreement Page 3 3 Entire Agreement 7. 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 8. In consideration of the performance by the Guild of their obligations under this Agreement, the City is granting a non-exclusive licence to the Guild to use the Premises for the purpose described herein. The Guild acknowledges that this Agreement does not create an interest in the licenced premises nor does the Guild claim any past or present interest, howsoever arising, as a result of or connected in any way with the use of the licenced premises. Guild’s Use of Premises 9. The Premises shall not be used for the delivery of programs, services, activities, or events which are directly or indirectly in competition with those offered by the City of Pickering. The Guild will be using the space for the purpose of weaving, spinning and other fibre arts. 10. The City reserves the right, in its sole discretion, to alter the operating schedule outlined in Schedule A and the City will not be responsible for any losses or damages including any lost revenues and/or expenses incurred by the Guild due to operating schedule changes and/or Premises closures for any reason whatsoever. 11. The City reserves the right, in its sole discretion, to cancel any operating dates and times due to inclement weather, snow accumulation or icy conditions. 12. The Guild shall submit a written report to the City annually documenting the annual activities that took place, how many people attended, a summary of membership, and a plan for the year ahead by February 15 of each year of the term. Nuisance 13. The Guild shall not carry on any activities or do or suffer any act or thing that constitutes a nuisance, or which is offensive or any annoyance to the City. Shuttlebug Weavers Guild Licence Agreement Page 4 4 City Use of Premises Takes Priority 14. The City shall always have the right to use the Premises for its own purposes as required, and in such instances, shall give the Guild reasonable notice of its intention to use the premises to minimize any scheduling conflicts. The City’s needs shall take priority. Assignment 15. The Guild shall not assign this Licence without prior written consent of the Director, which consent may be arbitrarily withheld. Term 16. The term of this Licence commences on June 1, 2026 and expires on December 31, 2031 (the “Term”). 17. Notwithstanding anything else contained herein, this Agreement may be terminated by either party for any reason upon three months’ notice to the other in writing. 18. Upon the expiry or earlier termination of this Agreement, the Guild shall surrender to the City possession of the Premises and all the rights of the Guild under this Agreement shall terminate (but the Guild shall, notwithstanding such expiry or termination, as the case may be, be liable to the City for any loss or damage suffered by the City by the reason of any default of the Guild of their obligations hereunder). 19. If the City terminates this Agreement pursuant to Section 17, the City will not be liable to the Guild for any damage or loss occasioned thereby. Article III Licence Fee Fees 20. The Guild 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). Shuttlebug Weavers Guild Licence Agreement Page 5 5 Article IV Maintenance, Repairs and Alterations Maintenance of the Premises 21. The Guild shall maintain and operate the Premises so the Premises shall always be of good appearance and in a condition suitable for the proper operation of the Premises. 22. The Guild shall be responsible for all day-to-day operating expenses, related to Community Program (weaving, spinning and other fibre arts). Security 23. The Guild shall be responsible for the security of the Premises including ensuring that the Premises is locked and secured after use. The Guild will ensure that no copies of the keys to Premises are made or given to third parties (even temporarily) without the prior written consent of the City. Only Guild representatives that have signed for keys with the City or parties granted written consent by the City will be authorized to be in the possession of keys to the Premises. 24. Any keys provided to the Guild must be returned to the City immediately upon request. Alterations/Improvements to the Premises 25. The Guild shall not make any alterations to the Premises without prior written consent of the City’s Director, Community Services. Any such pre-approved alterations, additions or fixtures shall be at the sole cost and expense of the Guild and shall be added to the City’s inventory of fixtures and shall form part of the City’s property. The Guild acknowledges that it has no claim to any such alteration, addition, or fixture upon termination of this Agreement. Article V Insurance and Indemnity Insurance 26. The Guild, at their sole cost and expense, shall take out and keep in full force and effect throughout the Term, (a) Insurance upon property owned by it which is located on the Premises; and (b) commercial general liability insurance pertaining to the Guild’s liability to others in respect to injury, death or damage to property occurring upon, in or about the Shuttlebug Weavers Guild Licence Agreement Page 6 6 Premises, such insurance to be of an amount not less than two million dollars ($2,000,000) for claims per occurrence. Such policy shall also name the City as an additional named insured, shall contain a cross liability clause, 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. 27. Prior to the commencement date, and annually thereafter, the Guild shall file 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. 28. The provision of the insurance policy required by this Section shall not relieve the Guild from liability for claims not covered by the policy or which exceed its limits, if any, for which the Guild may be held responsible. 29. The Guild is responsible for insuring all their equipment, contents, supplies and materials on the Premises. 30. The Guild shall not do or omit or permit anything to be done that causes any insurance premium of the City to be increased, and if any insurance premium shall be so increased, the Guild shall pay to the City forthwith upon demand the amount of such increase. If notice of cancellation or lapse shall be given respecting any insurance policy of the City or if any insurance policy shall be cancelled or refused to be renewed by an insurer by reason of the use or occupation of the Premises, the Guild shall forthwith remedy or rectify such use or occupation upon being requested to do so in writing by the City and if the Guild shall fail to do so the City may, at its option, terminate this Agreement forthwith by notice to the Guild and the Guild shall immediately vacate the Premises. Liability and Indemnification 31. (1) The Guild shall indemnify and save harmless the City, its directors, officers, employees, elected officials, agents, contractors, and representatives from and against any and all actions, losses, damages, claims, costs and expenses, including, without limiting the generality of the foregoing, all claims for personal injury, death and/or property damage and also damages arising from any breach of this Licence by the Guild or from any act or omission of the Guild or those for whom the Guild are at law responsible in or around the Premises arising from the Guild’s use and occupation of the Premises pursuant to this Agreement. This provision shall survive the expiration or earlier termination of this Agreement. Shuttlebug Weavers Guild Licence Agreement Page 7 7 (2) The City shall not be liable for any loss or damage to any property belonging to the Guild or to any other persons or for any injury to any person while such person or property is in or around the Premises, unless such loss, damage or injury is caused directly by the willful misconduct or negligence of the City, or those for whom the City is at law responsible. This provision shall survive the expiration or earlier termination of this Agreement. Article VII Remedies on Default City’s Right to Re-enter 32. The City reserves the right to enter the Premises at any time for any reason without notice. The City will provide reasonable notice if it deems it practical to do so based on its sole discretion. City’s Right to Remedy Default 33. In addition to all other remedies the City may have under this Agreement and in law, if the Guild is in default of any of its obligations under this Agreement, the City, without prejudice to any other rights which it may have with respect to such default, may remedy such default and the Guild shall be responsible for all such reasonable costs. If the City deems that it is necessary to remedy any default, it may do so without providing notice if circumstances make the provision of notice impractical. If in its sole discretion the City determines it is possible and feasible to provide the Guild an opportunity to remedy the default, it will provide the Guild with 5 days’ notice in which to remedy the default. Waiver 34. No condoning, excusing or overlooking by the City of any default, breach or non- observance by the Guild at any time or times in respect of any covenant, obligation or agreement 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 Guild save only an express waiver in writing. Shuttlebug Weavers Guild Licence Agreement Page 8 8 Article VIII General Operations Compliance with Laws 35. The Guild, at their 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 Guild or the making of any improvements to the Premises by the Guild. 36. (1) The Guild shall, (a) operate the Guild on the days outlined in Schedule A of this Agreement; (b) provide and pay for all personal items and supplies required by and for its purpose; (c) obtain all necessary licenses and approvals that may be required in connection with the operation of the Guild community program; and (d) maintain the Hall in a clean, sanitary and attractive condition satisfactorily to the City throughout the Term and, at the end of the Term, repair or replace any damage to the Hall save and except reasonable wear and tear, at its sole cost and expense. The Guild shall leave the premises in the same state in which they were at the commencement of the term. (2) The City shall provide, (a) all necessary electrical power, heat and other utilities; and (b) equipment storage area. (3) The City assumes no responsibility to the Guild and shall not be liable for any loss or damage incurred by the Guild arising from temporary or unavoidable interruption of the supply of electrical power, heat or other utilities due to any cause whatsoever. The City shall use reasonable diligence to restore any such services whenever they are interrupted. Shuttlebug Weavers Guild Licence Agreement Page 9 9 (4) The City shall provide snow clearing and removal services for the premises. Snow clearing of the Pickering Museum Village can take 24 to 48 hours to complete after the end of a snow event; the City reserves the right to cancel any operating dates and times due to inclement weather, snow accumulation, or icy conditions. General 37. Looms over 22 kg must be put on wheels by the Guild. 38. Black cloth loom covers are to be supplied by the Guild to cover each loom and shall be kept laundered and in neat appearance at the sole expense of the Guild. 39. Any food items used during the community program by the Guild must be removed from the Hall at the end of each use or stored securely in a pest- resistant sealed container in the storage area or refrigerator. 40. Any use of the Premises outside of Schedule A, such as but not limited to, open houses, workshops, potlucks etc. must be booked separately at a cost set out by the current municipal user fees. 41. The Guild shall not exhibit or allow to be exhibited on the exterior of the Premises any sign, notice, noticeboard, painting, design or advertisement without the prior consent of the City. 42. This Licence shall enure to the benefit of and be binding upon the parties and their respective successors and permitted assigns. 43. No amendment to this Licence shall be effective unless it is in writing and signed by both parties. 44. The recitals to this Licence are true in substance and fact and are incorporated herein. 45. The Guild covenants and agrees to advise all members of the Guild that the City is not the provider of the program and that all associated activities are provided solely by the Guild. 46. The Guild will be solely responsible for the legal governance (supervision, financial costs, standards of practice and liability) of its staff and volunteers. Changes in governance positions shall be reported to the City within 30 days of the change being enacted and updated contact information shall be provided to the City. 47. This Licence and any information or documents that are provided hereunder may be released pursuant to the provisions of the Municipal Freedom of Information Shuttlebug Weavers Guild Licence Agreement Page 10 10 and Protection of Privacy Act, R.S.O. 1990, c.M.56, as amended. This acknowledgement shall not be construed as a waiver of any right to object to the release of this Licence or of any information or documents. Notice 48. (1) Any notice to the City under this Licence shall be in writing and shall be delivered to the following address: Pickering Civic Complex One The Esplanade Pickering, Ontario L1V 6K7 Attention: City Clerk (2) Any notice to the Guild under this Licence shall be in writing and shall be delivered to the following address: The Shuttlebug Weavers & Spinners Guild 3555 Greenwood Road Pickering, ON L1X 0J3 Attention: President (3) Notice shall be sufficiently given if delivered in person or sent by registered mail or sent by facsimile transmission during normal business hours on a business day. (4) Each notice sent shall be deemed to have been received on the day it was delivered or on the third (3rd) business day after it was mailed. (5) The parties may change their address for notice by giving notice to the other in the manner provided in this Section. In Witness Whereof the City and the Guild have signed this Licence as of the date first written above. The Shuttlebug Weavers & Spinners Guild _____________________________________ Christine Shipley, President Shuttlebug Weavers Guild Licence Agreement Page 11 11 _____________________________________ Gayle Kahn, Vice President _____________________________________ Carol Ann White, Treasurer _____________________________________ Dini Page, Secretary The Corporation of the City of Pickering ____________________________________ Kevin Ashe, Mayor ____________________________________ Susan Cassel, City Clerk Shuttlebug Weavers Guild Licence Agreement Page 12 12 Schedule “A” Guild Scheduled Use of the Premises The Guild shall be permitted to use the Premises as per the conditions of this Agreement per the following schedule commencing July 4, 2026: Mondays 9:00 am to 2:00 pm Saturdays 9:00 am to 2:00 pm 2026 Blackout Dates: • July 11 • August 8 • September 12 • September 19 • October 24 • November 28 • December 5 • Statutory holidays The Guild may begin transporting the below list of items to the premises at a mutually agreed upon time after June 1, 2026. Arrangements for moving equipment are at the Guild’s sole responsibility. Moving costs are at the Guild’s sole expense. The Guild may supply at their own expense but are limited to the following equipment: • 1 mini fridge to be stored under the balcony/loft • 1 coffee/ water sideboard cabinet with closed storage • 1 shelving unit maximum size of 3' x 2' located in the coat room • 1 shelving unit maximum size of 3' x 2' located under the balcony/loft • 2 closed cupboards, each with a maximum size 80" x 2' located under the balcony • 2 portable folding tables, each maximum 8' long (4' folded) • 12 folding chairs with wheeled cart for stacked storage • 8 looms to be stored against the walls • 2 room dividers to section off under balcony/ loft area - exterior of dividers must be kept empty of decorations, signs or postings