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Home My WebLink AboutCS 10-23 Report to Executive Committee Report Number: CS 10-23 Date: April 3, 2023 From: Sarah Douglas-Murray Director, Community Services Subject: Don Beer Arena Parking Lot -Licence Renewal Agreement -File: A-1440-001 Recommendation: 1. That Report CS 10-23 regarding Don Beer Arena Parking Lot License Renewal Agreement be received; 2. That the Mayor and City Clerk be authorized to execute a licence renewal agreement with the Minister of Infrastructure – Ontario Infrastructure and Lands Corporation set out in Attachment 1 for a further five year term, retroactive from March 1, 2022 to February 27, 2027, subject to revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; and 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: The City of Pickering entered onto a licence agreement with the Minister of Infrastructure – Ontario Infrastructure and Lands Corporation on June 6, 1990 respecting the property located in Part of Lots 19 and 20, Concession Broken Front, Range 3, Geographic Township of Pickering (also known as the Don Beer Arena Parking Lot). This agreement has been extended for consecutive renewal terms since that time, lastly through Council Resolution #310/17 but expired on February 28, 2022. The Minister of Infrastructure – Ontario Infrastructure and Lands Corporation is in agreement to extend the licence agreement for a period of five years, retroactive from March 1, 2022, being the commencement date of the proposed licence renewal agreement and ending on February 28, 2027. Financial Implications: Under the agreement the City is responsible for annual rent in the amount of $91,260.00 (plus HST), the full cost of maintenance of the lands for the purpose of vehicle parking associated with the Don Beer Arena, and for paying the annual taxes of approximately $4,780.00 (plus HST), 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 – Ontario Infrastructure and Lands Corporation in June 2017 CS 10-23 April 3, 2023 Subject: Don Beer Arena Parking Lot – Licence Renewal Agreement Page 2 (Resolution #310/17) respecting the property located in Part of Lots 19 and 20, Concession Broken Front, Range 3, Geographic Township of Pickering (also known as the Don Beer Arena Parking Lot). The land is located within the hydro corridor adjacent to the Don Beer Arena and runs through the parking lot, as illustrated on the location map (Attachment 2). This agreement expired on February 28, 2022. In order for the City of Pickering to continue providing vehicular parking for Don Beer Arena users, a further licence renewal agreement (subject to revisions as may be required by the Director, Community Services and the Director, Corporate Services & City, Solicitor) is required. The Director, Community Services recommends that a licence renewal agreement for a five year term retroactive from March 1, 2022, being the commencement date of the proposed licence renewal agreement and ending on February 28, 2027 be entered into. Attachments: 1. Licence Renewal Agreement 2. Location Map Prepared/Endorsed By: Original Signed By Sarah Douglas-Murray Director, Community Services :sdm Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer Attachment 1 to Report CS 10-23 1 HYDRO CORRIDOR Licence Renewal -Sept. 2022 LICENCE OF LAND RENEWAL AGREEMENT BETWEEN: HIS MAJESTY THE KING IN RIGHT OF ONTARIO as represented by THE MINISTER OF INFRASTRUCTURE (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 His Majesty The King in right of Ontario as represented by the Minister of Infrastructure entered into a Licence Agreement with the Licensee, dated March 1st, 2017 (the “Licence Agreement”), regarding certain lands located in the City of Pickering, in the Regional Municipality of Durham, described as Part of Lots 19 and 20, Concession Broken Front, Range 3, Geographic Township of Pickering, comprising an area of approximately 2.34 acre(s), (the “Licence Lands”) for the purpose of parking roadworthy vehicles in conjunction with users of Don Beer Arena only; B. The Minister of Infrastructure is responsible for certain aspects of the government’s 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 Infrastructure with authority to act in respect of the Licence Agreement. IN CONSIDERATION of the mutual covenants hereinafter set forth 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 include for the purpose of any exculpatory clause and/or indemnity included in favour of the Licensor, Ontario Infrastructure and Lands Corporation. 3. The Term of the Licence Agreement shall be five (5) years, commencing on the 1st day of March, 2022. 4. The Licensee shall pay to the Licensor a Licence Fee in the sum of Ninety-One Thousand Two Hundred Sixty dollars ($91,260.00), plus all applicable taxes, payable in advance on the first day of March each and every year during the renewed Term. HONI File #: PICKERING T 632.1-504 2 5. The Licensee shall pay to the Licensor an amount equal to Seventy Five percent (75%) 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. 6. The current Pre-Payment Authorization Agreement between the Licensor and the Licensee respecting the License Agreement shall be deemed to be amended to apply to the License Agreement as renewed herein and it shall automatically authorize the Licensor to debit the Licensee’s bank account for the increased amount of the Licence Fee set out in section 4 above, for all increased payments payable from time to time under section 5 above and for any other payments that might be agreed upon in writing by the Licensor and the Licensee from time to time. 7. 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 8. 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. 9. 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. 10. 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. 11. 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 HONI File #: PICKERING T 632.1-504 3 transmission in portable document format of an executed counterpart is as effective as delivery of an originally executed counterpart. HONI File #: PICKERING T 632.1-504 4 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 . HIS MAJESTY THE KING IN RIGHT OF ONTARIO as represented by THE MINISTER OF INFRASTRUCTURE, as represented by ONTARIO INFRASTRUCTURE AND LANDS CORPORATION Per: Name: Title: Authorized Signing Officer HONI File #: PICKERING T 632.1-504 5 Schedule “A” HONI File: PICKERING T 632.1-504 Tenant: THE CORPORATION OF THE CITY OF PICKERING Legal Description: Part of Lots 19 and 20, Concession Broken Front, Range 3, Geographic Township of Pickering, Now City of Pickering Licensed Area: 2.34 acres Lands Owned by His Majesty the King in the Right of Ontario Licence Lands HONI File #: PICKERING T 632.1-504 Attachment 2 to Report CS 10-23