The URL can be used to link to this page

Home My WebLink AboutENG 18-14 city Report to Executive Committee PI KERI G Report Number: ENG 18-14 Date: September 8, 2014 From: Richard Holborn Director, Engineering & Public Works Subject: Rosebank Reservoir Lands Lease Extension Agreement - Amberlea Park - File: A-1440 Recommendation: 1. That Report ENG 18-14 of the Director, Engineering & Public Works regarding the lease extension agreement for Amberlea Park be received and; 2. That the Mayor and City Clerk be authorized to execute a lease extension agreement with the The Regional Municipality of Durham for an additional period of twenty years, commencing July 5, 2012, and ending on July 4, 2032 that is in a form satisfactory to the Director, Corporate Services & City Solicitor. • Executive Summary: The City of Pickering entered into an agreement with The Regional Municipality of Durham on July 5, 1982 respecting the property municipally known as 30 Rosebank Road, located in part of Lot 30, Concession 1, also known as Rosebank Reservoir. The property is also utilized by the City for the purpose of parking at Amberlea Park, and for a lighted baseball diamond. The Regional Municipality of Durham is in agreement to extend the lease agreement for a period of twenty years, commencing on July 5, 2012 and ending on July 4, 2032. Financial Implications: Under the existing agreement the City is responsible for the full cost of maintenance on the lands used for recreational purposes, and for paying the taxes or other similar charges levied against the lands. Discussion: The City of Pickering entered into an agreement with The Regional Municipality of Durham on July 5, 1982 respecting the property municipally known as 30 Rosebank Road, located in part of Lot 30, Concession 1, also known as Rosebank Reservoir. The property is also utilized by the City for the purpose of parking at A berlea Park, and for a lighted baseball diamond. In order for the City of Pickering to continue providing recreational services on the land and to provide off-street parking for Amberlea Park, a lease agreement in a form 28 Report ENG 18-14 September 8, 2014 Subject: Rosebank Reservoir Lands Lease Extension Agreement Page 2 substantially as set out in Attachment 1, and in a form satisfactory to the Director, Corporate Services & City Solicitor, is required. The original lease agreement with the Regional Municipality of Durham (the property owner) was a 30 year term that ended July 4, 2012, however, the terms of that agreement have continued upon mutual agreement. The Director, Engineering & Public Works recommends that an extension agreement for a 20 year term (July 5, 2012 to July 4, 2032) be entered into, and that the Council of the City of Pickering authorize the Mayor and City Clerk to execute the agreement in its final form. Attachments: 1. Draft Extension Agreement 2. Location Map Prepared/Approved/Endorsed By: Richard Holb' rn, P.Eng. Dir ctor, Engineering & Public Works RH:Ir Recommended for the consideration of Pickering Ci Council Tony re • /, '. •. Chief Administrative Officer CORP0227-07/01 revised 29 — -- AIT, CHMENT# t T o REPORT# G 1 of L EXTENSION AGREEMENT • This Extension Agreement is made as of the 5th day of July 2012 BETWEEN: THE REGIONAL MUNICIPALITY OF,TDRHAM (the "Licensor") _ - and - THE CITY OF PICKERING WHEREAS by an Agreement dated July 5th, 1982 the Licensor and the Licensee entered into an agreement (the "Original Agreement") especting property municipally known as 30 Rosebank Road, located in Part of Lot 30, Concession 1 (the"Lands") in the City of Pickering (known as the Rosebank Reservoir), Regional Municipality of Durham; AND WHEREAS the Licensor-and the Licenseehave agreed to extend the Original Agreement upon and subject to the"terms and:conditions set out in this Extension Agreement. . NOW THEREFORE in consideration`of the sum oaf�$2.00, paid by the Licensee to the Licensor, receipt of which is hereby acknowledged the Parties agree as follows: 1. The term for;this agreement is hereby extended for a period of twenty (20) years (the "Extension Term") commencing on July 5, 2012 and ending on July 4, 2032. 2. The Licensee acknowledges that the Licensor retains the right of access to the Lands_for.inspection purposes and/or for installation of additional structures or services_on,the Lands. The Licensor shall provide the Licensee with notice in writing prior to the construction of structures or services on the Lands. Any required barriers to restrict public access to the affected area during the construction period will be installed by the Licensor. The Licensor at,its option may require vacant possession of the Lands for any proposed expansion or construction of Regional facilities on the Rosebank Reservoir site. The Licensor shall provide reasonable prior written notice, not less than six (6) months prior notice to the Licensee that this agreement shall be terminated and at an end. 30 3. The Licensee, at its sole cost and expense, shall take out and maintain: - 2- (a) insurance upon property owned by it which is located on the Lands; and (b) commercial general liability insurance pertaining to the Licensee'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 businesses, 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 Licensee shall provide an insurance certificate completed by the Licensee's insurance provider confirming such coverage. 4. Any notice, demand or other communication (in this section, a"notice") required or permitted to be given or made under this Agreement shall be in writing and shall be sufficiently given or made if, (a) delivered in person during normal business hours on a Business Day and left with a receptionist or other responsible employee of the relevant party at the applicable address set forth below, (b) sent by prepaid first class mail; or (c) sent'by any electronic means of sending messages, including telex or facsimile transmission, which produces a paper record ("Electronic, Transmission") during normal business hours on a Business Day or, if not sent on a Business Day, such notice shall be deemed to have been sent onethe.Business Day;next following; in the case of a notice to the Licensor, addressed to it at 605 Rossland Road East, Box 623 Whitby, Ontario L1 N 6A3 Attention: Regional Clerk Facsimile: (905) 668-9963 with a copy to: Works Department Real Estate Division 605 Rossland Road East, P.O. Box 623 Whitby, Ontario L1 N 6A3 Facsimile.: (905) 668-2051 and in the case of a notice to the Licensee, addressed to it at: Community Service Department Pickering Civic Complex 31 - 3 - One The Esplanade Pickering, On, L1V 6K7 Attention: Director, Community Services Facsimile: 905-420-4650 Each notice sent shall be deemed to have been received: (a) on the day it was delivered and as stated in section 14.05(c) above; (b) on the third Business Day after it was mailed (excluding each Business Day during which there existed any general interruption of postal services due to strike, lockout or other cause), or (c) on the same day that it was sent by Electronic Transmission, or on the first Business Day thereafter if the day on which it was sent by Electronic Transmission was not a Business Day. Either party may change its address for notice by giving notice to the other party as provided in this section. 32 -4- 5. All other covenants, provisos and stipulations contained in the Original Agreement dated July 5th, 1982 shall remain in full force and effect and the Licensor and Licensee hereby mutually agree that they will perform and observe the covenants, provisos and stipulations in the Original Agreement as fully as if such covenant, provisos and stipulations have been repeated herein in full with such modifications only as are necessary to make them applicable to this Extension Agreement and shall be executed by the Landlord and the Tenant. We hereby accept the above Extension Agreement on the terms set out. DATED AT PICKERING IN THE PROVINCE OF ONTARIO CITY OF PICKERING Per Name: Title: C/S Per: Name: Title: DATED AT WHITBY IN THE PROVINCE OF ONTARIO THE REGIONAL MUNICIPALITY OF DURHAM Per: Roger Anderson, Regional Chair and CEO C/S Per: Deb Bowen, Clerk . 33 ATTACHMENT#2.TO REPORT#, G I?— 14— — lei I — • , , , i , , , , i „ i , , , , t n , i , t , COURT- i CENT D ' , �_ ' m I � MIRA liii00 m -� CRT o 1 a I o AEREALTONA FOREST z MN U WOOF I lio . c 1 --I ASHFIELD DRkv CRT. �, - 1 \ t 1 1 i. I NH • i , 1 1 , 1 4RK PUBLIC SCHOOL \ -"1 1 1 . 1 1 II \ , • r o Nom DRIVE ° _ I ***44 ' I ' I ST ELIZABETH SETON e = o �` �� o SEPARATE SCHOOL o 1 I °' 7` -s . LANE STROUDS ' Mil . ' \\I 11 `6 • • • I - ( � I LI ia H/GHBUSH> -- U � PUBLIC SCHOOL o �,0 o o H H , ri:-) NM di 1j-, SQUARE I ; , AMBLEA Ii ' L ' . 1 1- 1 o I a i // ', t . w Q / . . II _. U in _ SUBJECT • / • •is , 1 Y AREA �BRAEBURN � • Q ■ / Iwo IIIII F...), m si. cc ....___, 0 , , .46. , • Lij---,-••-- LI1--1 CC i c)R1 liall ' ' ' All • Mall 31 �' FOXWOOD J RP\` : -, *allf gra (----/ , _\ II i i I I- ' greir * �1 TRAIL I I I A.,..._1111/ ► WMARK le PINEVIEW LANE PLACE I 1 I r\ 1 i I V 1 I- o , - 1 I I . _ w w SQUARE U I z I, ' I U ME o o 1 m { w I � ' � i co w W f v cn w AUTUMN LAURIER U ci Q IQ U , n : , ■ , i ■ IA r I I I I I I U I I : - ATTACHMENT TO REPORT ,t-_ =. ENGINEERING&PUBLIC City o¢ WORKS DEPARTMENT E N G 18-14 -_ _ 61w -I LEASE EXTENSION AGREEMENT 7-.-- 'M- � kz= SCALE BATE AMBERLEA PARK �, N.T.S AUGUST 25!2014 NI �� —3 4 _