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Home My WebLink AboutOPS 04-22Report to Council Report Number: OPS 04-22 Date: June 27, 2022 From: Brian Duffield Director, Operations Subject: Town Hall Park (formerly referred to as Brougham Parkette) - Licence Renewal Agreement - File: A-1440 Recommendation: 1. That the Mayor and City Clerk be authorized to execute a license renewal agreement with Her Majesty The Queen In Right Of Canada as represented by the Minister of Transport for a further ten year term, commencing December 1, 2022 and ending on November 30, 2032, in the form attached hereto, subject to minor revisions acceptable to the Director, Corporate Services & City Solicitor, and the Chief Administrative Officer; and, 2. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect hereto. Executive Summary: As per Council Resolution #177/07, the City of Pickering entered into a five year licence agreement with Transport Canada for the period of February 1, 2007 to January 31, 2012 for Property PIN 614725-1 located in part of Lot 19, Concession 6, also known as Town Hall Park. The lease agreement expired in 2012 and the arrangement continued between the City of Pickering and Transport Canada for this property subject to Section 4.06 Overholding within the agreement. As per Council Resolution #362/17 the City of Pickering entered into a licence renewal agreement with Transport Canada for a further five year term, commencing on December 1, 2017 and ending on November 30, 2022. Her Majesty The Queen In Right Of Canada as represented by the Minister of Transport is in agreement to extend the licence agreement for a period of ten years, commencing on December 1, 2022 and ending on November 30, 2032. Financial Implications: The rental per annum for the Town Hall Park paid by the City to Transport Canada is $10.00 plus HST. At approximately 0.11 acres in size, the City’s cost to maintain the property is negligible. OPS 04-22 June 27, 2022 Subject: Town Hall Park – Licence Renewal Agreement Page 2 Discussion: The City of Pickering entered into the most recent licence agreement with Transport Canada. on December 1, 2017, in respect of the property for Property PIN 614725-1 located in part of Lot 19, Concession 6, also known as Town Hall Park. The park is an open greenspace marked with an Ontario Historical Plaque commemorating Peter Mathews, who farmed adjacent land, and his role in the Rebellion of 1837. The Director, Operations recommends that a licence renewal agreement for a further ten year term (December 1, 2022 to November 30, 2032) be entered into, and that Council authorize the Mayor and City Clerk to execute the agreement in its final form. Attachments: 1. Draft PIN 614725-1 – City of Pickering Town Hall Park Licence Agreement 2022 2. Town Hall Park 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 PROTECTED A / PROTÉGÉ A PIN 614725-1 LICENCE AGREEMENT THIS AGREEMENT made as of the 1st day of DECEMBER, 2022. BETWEEN HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by the Minister of Transport (“Her Majesty”) AND THE CORPORATION OF THE CITY OF PICKERING, a municipal corporation incorporated pursuant to the laws of the Province of Ontario (hereinafter called "City of Pickering") WHEREAS Her Majesty owns lands in the cities of Markham and Pickering, Ontario, commonly known as the Pickering Lands Site (the “PLS”); AND WHEREAS the City of Pickering wishes to use land on that part of the PLS lands described on the attached Schedule “A”, and shown on the attached Schedule “B”, and identified by Her Majesty as PIN 614725-1 (the “Licenced Lands”) to be used solely for the purpose of a park, known as the Town Hall Park (the “Park”); AND WHEREAS Her Majesty is willing to grant the City of Pickering a non-exclusive licence to use the Licenced Lands for the sole purpose of maintaining the Park on the basis that Her Majesty incurs no liability whatsoever for any injuries or damages suffered by any party or third party upon the PLS and the Licenced Lands caused or contributed to by City of Pickering’s exercise of rights under this Agreement. NOW THEREFORE THIS AGREEMENT WITNESSES that, in consideration of the mutual covenants and agreements herein and the annual payments by the City of Pickering, hereinafter called the "Licence Fee", and subject to the terms and conditions hereinafter set out, the parties agree as follows: Attachment #1 to Report OPS 04-22 PROTECTED A / PROTÉGÉ A 1. EFFECTIVE DATE, LICENCE FEE AND TERM 1.1 This Agreement shall come into effect upon execution by both Her Majesty and the City of Pickering and shall remain in effect for a period of ten (10) years from the date first above written, that is, from DECEMBER 1, 2022 to NOVEMBER 30, 2032 (the “Term”). 1.2 The City of Pickering shall pay to Her Majesty each year of the Term, subject to the terms and conditions of this Agreement, annual Licence Fee in the amount of ten dollars ($10.00), plus HST, such annual Licence Fee payable in advance on the first day of each and every year during the Term, commencing on December 1st, 2022. 1.3 The Licence Fee may be paid by credit, debit or cheque, payable to the Receiver General for Canada and delivered to the following address: Transport Canada Corporate Services 4900 Yonge St., 3rd Floor Toronto, Ontario M2N 6A5 1.4 Either party may terminate this Agreement upon thirty (30) days’ written notice to the other. 2. RESPONSIBILITIES OF THE PARTIES 2.1 The City of Pickering shall ensure that the Parkette does not interfere with the use of the PLS or the Licenced Lands by Her Majesty or any of Her Majesty’s tenants, agents, contractors, invitees or licensees. 2.2 The City of Pickering agrees to maintain the Park during the Term at no cost to Her Majesty. 2.3 Her Majesty grants to the City of Pickering a non-exclusive licence to permit the City of Pickering to maintain the Park on the Licenced Lands during the Term, in accordance with the terms of this Agreement, provided always that the exercise by the City of Pickering of the rights granted to it by Her Majesty herein shall be subject to the obligations of Her Majesty to Her tenants, and to the rights of other licensees of Her Majesty. For greater clarity, this Agreement permits the City of Pickering to maintain the Park on the Licenced Lands. No other use of the Licenced Lands is permitted. 3. GENERAL 3.1 The City of Pickering shall indemnify and save Her Majesty, Her employees, servants, agents, contractors, and tenants harmless from and against all claims and demands, loss, costs, damages, actions, suits or other proceedings by whomsoever made, brought or prosecuted in any manner based upon, occasioned by or attributable to any violation of this Agreement by the City of Pickering. PROTECTED A / PROTÉGÉ A 3.2 This Agreement may be amended only by a written agreement signed by the parties. 3.3 Schedules “A” and “B” form part of this Agreement. 3.4 The City of Pickering shall purchase and maintain throughout the Term of this Agreement, commercial general liability insurance which shall include coverage for personal injury (including death) and property damage, including loss of use thereof, all on a per occurrence basis, with respect to the use and occupation of the Licenced Lands (including members of the public), with a limit for any one occurrence or claim of not less than Five Million Dollars ($5,000,000). Such insurance shall: (a) Name Her Majesty in right of Canada as an additional insured; (b) Contain a severability of interests and cross-liability clause; and (c) Contain a clause that the policy of insurance shall not be modified or cancelled without at least thirty (30) days written notice of cancellation to Her Majesty. The City of Pickering shall provide evidence of such insurance to Her Majesty upon execution of this Agreement. 3.5 Her Majesty shall not be required to pay any and all taxes and assessments pursuant to the Payments in Lieu of Taxes Act R.S.C., 1985, c. M-13 and Payments in Lieu of Taxes Regulations (SOR/81-29), including local improvement charges and development charges of any kind whatsoever that are imposed by the municipality against the Licenced Lands during the currency of this Agreement, including any taxes or other amounts which are imposed of, or in lieu of, or in addition to, any such taxes and assessments. Her Majesty acknowledges and agrees that the Licenced Lands will remain subject to assessment for municipal realty tax purposes. A municipal realty tax invoice must be rendered in the ordinary course in respect of the Licenced Lands, however, it will not be forwarded to Her Majesty and Her Majesty will not be required to pay it. 3.6 This Agreement shall be interpreted in accordance with the laws in force in the Province of Ontario, subject always to any paramount or applicable federal laws. Nothing in this Agreement is intended to nor shall be construed as limiting, waiving or derogating from any federal Crown prerogative. 3.7 The failure by any party to insist in any one instance upon the strict performance by the other party of obligations in this Agreement shall not constitute a waiver or relinquishment of any such obligations as to any other instances, and the same shall continue in full force and effect. 3.8 If, for any reason, any provision of this Agreement, other than any provision which is of fundamental importance to the arrangement between the parties, is to any extent held or rendered invalid or unenforceable, then the particular provision shall be deemed to be PROTECTED A / PROTÉGÉ A independent of and severed from the remainder of this Agreement and all the other provisions of this Agreement shall nevertheless continue in full force and effect. 3.9 Section 3.1 shall survive termination of this Agreement and shall continue in full force and effect. 4. NOTICES 4.1 Notices shall be delivered as follows: In the case of HER MAJESTY: Transport Canada 4900 Yonge Street, 4th Floor Toronto, ON M2N 6A5 Attn: Perry Papadatos, Regional Manager, Pickering Site Operations Telephone: National Service Call Centre: 1-888-526-5673 E-mail: perry.papadatos@tc.gc.ca or to such other address as HER MAJESTY may advise from time to time. In the case of the City of Pickering: The Corporation of the City of Pickering One The Esplanade Pickering, Ontario L1V 6K7 Attention: Brian Duffield Director, Operations Telephone: 905-420-4660, ext. 3223 E-mail: bduffield@pickering.ca or to such other address as the City of Pickering may advise. PROTECTED A / PROTÉGÉ A IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first above written. HER MAJESTY THE QUEEN IN RIGHT OF CANADA, AS REPRESENTED BY THE MINISTER OF TRANSPORT ______________________________________ Per: PERRY PAPADATOS Regional Manager, Pickering Site Operations THE CORPORATION OF THE CITY OF PICKERING ______________________________________ Per: DAVID RYAN Mayor, City of Pickering _______________________________________ Per: DEBBIE SHIELDS City Clerk, City of Pickering I/We have authority to bind the Corporation. PROTECTED A / PROTÉGÉ A SCHEDULE “A” DESCRIPTION OF THE LICENCED LANDS Schedule A: Description of Licenced Lands - All of PWGSC PIN 614725-1 Description of All of PWGSC PIN 614725 That parcel or tract of land situate, lying and being in the City of Pickering in the Regional Municipality of Durham containing approximately 0.33 acres, being part of Lot 19, Concession 6, Geographic Township of Pickering, also being Lot 1, Registered Plan 10, Village of Brougham as in Instrument Number 24371 (Firstly) and shown in RED on the attached Schedule B: PIN 614725 Sketch. PWGSC PIN 614725 is part of the Durham Land Registry Office (No. 40) property identifier number 026388 – 0065 (LT). Description of the Licenced Lands being All of PWGSC PIN 614725-1 That parcel or tract of land situate, lying and being in the City of Pickering in the Regional Municipality of Durham containing approximately 0.11 acres, being part of Lot 19, Concession 6, Geographic Township of Pickering composed of that Part of PWGSC PIN 614725 shown in red and labeled 725-1 on the attached Schedule B: PIN 614725 Sketch. PROTECTED A / PROTÉGÉ A SCHEDULE “B” SKETCH OF THE LICENCED LANDS Schedule B: PIN 614725-1