HomeMy WebLinkAboutOPS 03-22 Report to
Executive Committee
Report Number: OPS 03-22
Date: June 6, 2022
From: Brian Duffield
Director, Operations
Subject: Beverley Morgan Community 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 ten year term,
commencing August 1, 2022 and ending on July 31, 2032, 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 Town of Pickering entered into a 25 year licence agreement
with Ontario Hydro on August 1, 1992 to July 31, 2017 in respect of the property located in part
of Lot 21 and 22, Concession 2, also known as Beverley Morgan Community 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 August
1, 2017 and ending on July 31, 2022.
The Minister of Infrastructure - Hydro One Networks Inc. is in agreement to extend the
licence agreement for a period of ten years, commencing on August 1, 2022 and ending on
July 31, 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 the most recent licence agreement with
the Minister of Infrastructure - Hydro One Networks Inc. on January 1, 2017 for the property
located in part of Lot 21 and 22, Concession 2, also known as Beverley Morgan Community
Park (“the park”). The park is located within the hydro corridor adjacent to Pine Ridge
Secondary School and runs from Liverpool Road at the west limit to Duffin’s Creek at the east
limit, as illustrated on the location map (attachment 3). The lands consist of 22.3 acres and
includes a parking lot, two football fields, a soccer field, a baseball diamond, and
interconnecting asphalt pathways.
OPS 03-22 June 6, 2022
Subject: Beverley Morgan Community 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 ten year
term (August 1, 2022 to July 31, 2032) be entered into, and that Council authorize the Mayor
and City Clerk to execute the agreement in its final form.
Attachments:
1. Draft Pickering T 632.1-550 - Public Recreation Licence Renewal 2022
2. Original Hydro Corridor Licence Renewal - Beverly Morgan Park - June 2017 (signed)
3. Location Map
Prepared By: Approved/Endorsed By:
Original Signed By: Original Signed By:
Brian Duffield Paul Bigioni
Director, Operations Director, Corporate Services & City
Solicitor
BD:rg
Recommended for the consideration
of Pickering City Council
Original Signed By:
Marisa Carpino, M.A.
Chief Administrative Officer
HONI File #: PICKERING T 632.1-550
HYDRO CORRIDOR Licence Renewal (rec.) March 2022
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 -
THE CORPORATION OF THE 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
now the Minister of Government and Consumer Services entered into a Licence
Agreement with the Licensee, dated June 21st, 2017 (the “Licence Agreement”),
regarding certain lands located in the City of Pickering, in the Regional Municipality
of Durham, described as Part of Lots 21 and 22, Concession 2, Geographic Township
of Pickering, comprising an area of approximately 22.3 acres, (the “Licence Lands”)
for the purpose of public recreation 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 ten (10) years, commencing on the 1st day
of August, 2022.
Attachment 1 to Report OPS 03-22
HONI File #: PICKERING T 632.1-550
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.
HONI File #: PICKERING T 632.1-550
3
IN WITNESS WHEREOF the parties hereto have executed this Licence Renewal Agreement.
Signed by the Licensee at this day of 20 .
THE CORPORATION OF THE 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 _____________________20 .
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 632.1-550
4
Attachment 2 to Report OPS 03-22