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Home My WebLink AboutOPS 15-23 Report to Executive Committee Report Number: OPS 15-23 Date: June 5, 2023 From: Brian Duffield Director, Operations Subject: Ontario Power Generation Licence Amending Agreement - File: A-1440 Recommendation: 1. That Report OPS 15-23 regarding Ontario Power Generation Inc. Licence Amending Agreement be received; 2. That the Mayor and City Clerk be authorized to execute the Licence Amending Agreement with Ontario Power Generation Inc. to amend and extend the term of the licence as set out in Attachment 1 to this Report, subject to the minor revisions agreeable to the Director, Operations and the Director, Corporate Services & City Solicitor; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. Executive Summary: The attached draft Licence Amending Agreement (Licence Agreement) between Ontario Power Generation Inc. (OPG) and the City of Pickering (the City) will continue to provide the City with much needed Lands (collectively Alex Robertson Park, Bay Ridges Kinsmen Park and Beachfront Park) for recreational uses. The City and OPG entered into a Licence Agreement for a five-year term on June 27, 2013, and a Licence Amending Agreement for a five-year term on June 26, 2018. OPG is in agreement to amend and extend the term of the Licence for a period of ten years, commencing on July 1, 2023 and ending on June 30, 2033. 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: On June 27, 2013, the City entered into a Licence Agreement with OPG from July 1, 2013 to June 30, 2018, permitting the City to use the Lands (collectively Alex Robertson Park, Bayridges Kinsmen Park and Beachfront Park) for recreational uses. On June 26, 2018, the City entered into a Licence Amending Agreement with OPG to extend the five-year term of the Licence to June 30, 2023, and amend the Licence to replace Schedules “A”, “B”, and “C” with new aerial maps to describe the Lands. OPS 15-23 June 5, 2023 Subject: Ontario Power Generation Licence Amending Agreement Page 2 Alex Roberson Park includes a gravel parking lot, a cricket pitch, a cricket batting cage, a trailer used as the cricket clubhouse, two concrete storage bunkers, natural tree planting areas, gravel pathways, Homeplace sculpture, seven Kimba Kind wood carvings sculpted by artist Dorsey James, and an asphalt paved portion of the Waterfront Trail. This park is utilized every year to stage the annual Canada Day fireworks viewed from Bayridges Kinsmen Park. Bayridges Kinsmen Park consists of 38 acres and includes two large gravel parking lots, four lit baseball diamonds, lit tennis courts, one lit artificial soccer field, three full size lit soccer fields, three unlit soccer fields, a picnic shelter, a seasonal washroom facility with four change rooms, a playground and a separate playground swing set. This park hosts the yearly Canada Day evening event consisting of a stage for musical entertainment, food truck vendors and is where the fireworks viewing takes place. Beachfront Park consists of 8.8 acres of dynamic beach bordering the Hydro Marsh/Krosno Creek to the north and Lake Ontario to the south. This area includes a portion of Millennium Square, a seasonal washroom facility, a splash pad, several shade structures along the beach, and an observation deck overlooking Hydro Marsh/Krosno Creek. Millennium Square hosts summer concerts in the evenings every Thursday during the months of July and August and will host the new “Fall Fling” and “Winter Wonderland” events in 2023. In order for the City to continue providing recreational services on the Land, the following licence extension and amendments were requested and reviewed by the Director, Corporate Services & City Solicitor: • The Term of the agreement was increased from five to ten years. • Section 4.11 now includes drones as prohibited on the property. • Section 4.12 (a new clause) was added to allow winter maintenance of parking lots, walkways and trails using only pickled sand with a salt content of no more than five (5) percent. As such, the Operations Department recommends that a renewal agreement be initiated with OPG to amend and renew the Licence Amending Agreement for a further ten-year term, beginning on July 1, 2023, and ending on June 30, 2033. Attachment: 1. 2023-2033 Draft Licence Amending Agreement. OPS 15-23 June 5, 2023 Subject: Ontario Power Generation Licence Amending Agreement Page 3 Prepared By: Approved/Endorsed By: Original Signed By: Original Signed By: Rob Gagen Brian Duffield Manager, Parks & Property Director, Operations BD:rg Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer 1 Licence Amending Agreement This Agreement (the “Second Licence Amending Agreement”) is made as of April 20th, 2023 Between: ONTARIO POWER GENERATION INC., a corporation existing under the laws of Ontario (hereinafter called “OPG”) and THE CORPORATION OF THE CITY OF PICKERING a corporation existing under the laws of Ontario (hereinafter called the “City”) Recitals: A.WHEREAS OPG and the City entered into a licence agreement dated as of June 27, 2013 (the "Licence"), whereby OPG granted a non-exclusive licence to the City to enter upon a portion of the Lands for Recreational Uses; B.AND WHEREAS OPG and the City entered into a licence amending agreement dated as of June 26, 2018 (the “Amending Agreement”) whereby OPG granted an extension of the term and replaced Schedules “A”, “B”, and “C” (the “Schedules”); C.AND WHEREAS the City wishes to extend the term of the Licence; D.AND WHEREAS OPG and the City have agreed to amend the Licence to extend the Term of the Licence on the terms and conditions contained herein. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the sum of Two Dollars ($2.00) now paid by each party hereto to the other and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), OPG and the City covenant and agree as follows: 1.Recitals. The parties hereby acknowledge, confirm and agree that the foregoing recitals are true in substance and in fact. 2.Term. The parties hereby agree to extend the Term of the Licence for a term of ten (10) years commencing July 1st, 2023 and to be fully completed and ended on June 30th, 2033, except where the Licence has provided for early termination. 3.Deletion and Replacement of Section 4.11 Section 4.11 of the Licence is deleted and replaced with the following; The City shall prohibit drone, kite and model aeroplane flying and any other activities which in the opinion of OPG might interfere with the safe and efficient operation of its works or Attachment 1 to Report OPS 15-23 2 be offensive, annoying or dangerous and shall post signs in locations on the Lands approved in writing by OPG, stating that drone flying, kite flying and model aeroplane flying and other activities are prohibited. 4. Addition of Section 4.12 Under Section 4 of the Licence, the following will be added as Section 4.12. The City shall be permitted to perform winter maintenance of the parking lots, walkways and trails using only pickled sand with salt content no higher than five (5) percent. 5. General. (a) Except where inconsistent with the foregoing provisions of this Second Licence Amending Agreement, all of the provisions of the Licence Agreement and Amending Agreement shall apply, mutatis mutandis, to this Second Licence Amending Agreement. The parties acknowledge, confirm and agree that in all other respects the terms and conditions of the Licence Agreement and Amending Agreement remain in full force and effect, unchanged and unmodified (including, without limitation, except in accordance with this Second Licence Amending Agreement). (b) Except as specifically stated in this Second Licence Amending Agreement, any term which is defined in the Licence Agreement and Amending Agreement, shall, unless the context otherwise requires, have the same meaning when used in this Second Licence Amending Agreement. 6. The parties agree to execute such further and other agreements from time to time as may be reasonably necessary in order to give effect to this Second Licence Amending Agreement. 7. This Second Licence Amending Agreement may be executed in several counterparts and delivered by email or pdf copy, each of which when so executed shall be deemed to be an original and such counterparts together shall constitute one and the same instrument. This Second Licence Amending Agreement shall be binding upon and enure to the benefit of the parties hereto and their respective successors and their permitted assigns. 8. Unless the context requires otherwise, words importing the singular include the plural and vice versa and words importing gender notice include all genders. 9. The provisions hereto shall be interpreted according to the laws of the Province of Ontario. 10. The invalidity or unenforceability of any provision of this Second Licence Amending Agreement shall not affect the validity or enforceability of any other provision, but shall be deemed to be severable. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 3 The parties hereto have duly executed this Agreement as of the year and date first written above. ONTARIO POWER GENERATION INC. THE CORPORATION OF THE CITY OF PICKERING __________________________________ __________________________________ Name: Ray Davies Name: Title: Senior Manger Real Estate Title: