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Home My WebLink AboutOPS 11-21 Report to Executive Council Report Number: OPS 11-21 Date: December 6, 2021 From: Brian Duffield Director, Operations Subject: Diana, Princess of Wales Park -Licence Renewal Agreement -File: A-1440 Recommendation: 1. That the Mayor and City Clerk be authorized to execute a license renewal agreement with the Minister of Infrastructure – Hydro One Networks Inc. for a further five year term, commencing January 1, 2022, and ending on December 31, 2026 that is in a form satisfactory to the Director, Corporate Services & City Solicitor; and, 2. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect hereto. Executive Summary: The City of Pickering entered into a licence agreement with the Minister of Infrastructure – Hydro One Networks Inc. on January 1, 2012 respecting the property located in part of Lot 19 & 20, Concession 1, also known as Diana, Princess of Wales Park. The City of Pickering entered into a licence renewal agreement with the Minister of Infrastructure – Hydro One Networks Inc. for a further five year term, commencing on January 1, 2017 and ending on December 31, 2021. The Minister of Infrastructure – Hydro One Networks Inc. is in agreement to extend the licence agreement for a period of five years, commencing on January 1, 2022 and ending on December 31, 2026. 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 50 percent of all the taxes or other similar charges levied against the lands. Discussion: The City of Pickering entered into the most recent licence agreement with the Minister of Infrastructure – Hydro One Networks Inc. on January 1, 2017 respecting the property located in part of Lot 19 & 20, Concession 1, also known as Diana, Princess of Wales Park. The park is located within the hydro corridor adjacent to the Chestnut Hill Developments Recreation Complex, and runs from Kingston Road at the north limit to Pickering Parkway at the south limit, as illustrated on the location map (Attachment 2). OPS 11-21 December 6, 2021 Subject: Diana, Princess of Wales Park – Licence Renewal Agreement Page 2 In order for the City of Pickering to continue providing recreational services on the land, a further licence renewal agreement in a form satisfactory to the Director, Corporate Services & City Solicitor, is required. The Director, Operations recommends that a licence renewal agreement for a further five year term (January 1, 2022 to December 31, 2026) 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 Licence Renewal Agreement 2. Location Map Prepared By: Original Signed By: Brian Duffield Director, Operations Approved/Endorsed By: Original Signed By: Paul Bigioni Director, Corporate Services & City Solicitor BD:nm Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer Attachment 1 to Report OPS 11-21 HYDRO CORRIDOR Licence Renewal (rec.) March 2021 LICENCE RENEWAL AGREEMENT – (RECREATIONAL) BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by THE MINISTER OF GOVERNMENT AND CONSUMER SERVICES (hereinafter called the "Licensor") - and - CITY OF PICKERING (hereinafter called the "Licensee") WHEREAS: A. Ontario Infrastructure and Lands Corporation acting as agent on behalf of Her Majesty the Queen in right of Ontario as represented by The Minister of Infrastructure (previously the Minister of Economic Development, Employment and Infrastructure) now the Minister of Government and Consumer Services entered into a Licence Agreement with the Licensee, dated February 14th, 2012 (the “Licence Agreement”), regarding certain lands located in the City of Pickering, Regional Municipality of Durham, described as Part of Lots 19 & 20, Concession 1, comprising an area of approximately 28.92 acres, (the “Licence Lands”) for public recreational purposes only; B. The Minister of Government and Consumer Services is responsible for certain aspects of government real property pursuant to the Ministry of Infrastructure Act, S.O. 2011, c. 9, Sched 27; C. Ontario Infrastructure and Lands Corporation confirms that it is the designated agent of the Minister of Government and Consumer Services with authority to act in respect of the Licence Agreement. IN CONSIDERATION of the mutual covenants hereinafter set forth and the sum of two dollars ($2.00) paid by the Licensee to the Licensor, the receipt whereof is hereby acknowledged, and other good and valuable consideration, the Licensor and the Licensee agree as follows: 1. The Licence Agreement is hereby renewed, subject to the terms set out below. 2. “Licensor” shall mean Ontario Infrastructure and Lands Corporation acting as agent on behalf of Her Majesty the Queen in right of Ontario as represented by the Minister of Government and Consumer Services. 3. The Term of the Licence Agreement shall be five (5) years, commencing on the 1st day of January, 2022. HONI File #: PICKERING T 632.1-537 2 4. The Licensee shall pay to the Licensor an amount equal to Fifty percent (50%) of the annual realty taxes or grants and/or payments in lieu thereof payable with respect to the Licence Lands, as owned by the Licensor and used by the Licensee pursuant to the Licence Agreement for the purposes stated herein. 5. The Licensor’s address for service of notice pursuant to the notice section of the Licence Agreement and other related particulars are amended as follows: Ontario Infrastructure and Lands Corporation Real Estate Transactions 1 Dundas Street West, Suite 2000 Toronto, Ontario M5G 1Z3 Attention: Director, Hydro Land Transactions Telephone: (437) 537-5511 Facsimile: (416) 327-3942 With a copy to: Attention: Director, Legal Services (Real Estate) 1 Dundas Street West Suite 2000 Toronto, ON M5G 1Z3 Facsimile: 416-327-3376 6. All terms which are defined in the Licence Agreement shall have the same meaning when used in this Licence Renewal Agreement unless they are amended herein. 7. Except as they may be amended by this Licence Renewal Agreement, all of the terms and conditions of the Licence Agreement shall apply to the renewed Term and shall be binding upon and enure to the benefit of the Licensor and the Licensee. 8. This Licence Renewal Agreement may be offered and accepted by electronic or facsimile transmission and by different parties in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. Delivery by facsimile or by electronic transmission in portable document format of an executed counterpart is as effective as delivery of an originally executed counterpart. Any party delivering an executed counterpart by facsimile or by electronic transmission in portable document format (PDF) shall also deliver an originally executed counterpart within seven (7) days of the facsimile or electronic transmission, but the failure to deliver an originally executed copy does not affect the validity, enforceability or binding effect. 9. The Licensee acknowledges that this Agreement and any related information, documents and/or Data (as defined in the Open Data Directive) may be released pursuant to the Freedom of Information and Protection of Privacy Act (Ontario) or the Open Data Directive issued under the Management Board of Cabinet Act (Ontario), as each may be amended or replaced from time to time. HONI File #: PICKERING T 632.1-537 3 IN WITNESS WHEREOF the parties hereto have executed this Licence Renewal Agreement. Signed by the Licensee at this day of 2021. CITY OF PICKERING Per:______________________________________ Name: Title: Per:______________________________________ Name: Title: I/We have authority to bind the Corporation Signed by the Licensor at_________________this day of _____________________2021. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by THE MINISTER OF GOVERNMENT AND CONSUMER SERVICES, as represented by ONTARIO INFRASTRUCTURE AND LANDS CORPORATION Per: Name: Title: Authorized Signing Officer HONI File #: PICKERING T 632.1-537 4 Schedule “A” HONI File: Pickering T 632.1-537 Tenant(s): City of Pickering Legal Description: Part of Lots 19 & 20, Concession 1, Regional Municipality of Durham, Town of Pickering Licensed Area: 28.92 acres Lands Owned by Her Majesty the Queen in the Right of Ontario Licensed Area HONI File #: PICKERING T 632.1-537 ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!!!! ! ! !!!!!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!!! ! ! ! ! ! ! ! !!! ! ! ! ! ! !!!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! !!! ! ! ! !!! ! ! ! ! ! ! !!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! !!!!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!! ! ! !!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! BR O C K R O A D HIGHWAY 4 0 1 PICKERIN G P A R K W A Y VA L L E Y F A R M R O A D KINGST O N R O A D DE N M A R R O A D GETA C I R C L E ALWIN C I R C L E JAYWIN C I R C L E AVONMO R E S Q U A R E DIEFENBAKER COURT DREYBER C O U R T Diana Princess Of Wales Park Recreation Complex Village East Park Denmar Park Esplanade Park SCALE: Engineering Services Department Diana Princess of Wales Location MapNov. 15, 2021 DATE: q 1:5,000 Attachment 2 to Report OPS 11-21