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HomeMy WebLinkAboutCS 17-25Report to Council Report Number: CS 17-25 Date: June 9, 2025 From: Laura Gibbs Director, Community Services Subject: Ontario Power Generation Canada Day Agreement Use of Kinsmen Park File: A-1440-001 Recommendation: 1.That the Director, Community Services be authorized to execute the Temporary Licence Agreement set out in Attachment 1 for the use of Kinsmen Park for the Canada Day Celebration on July 1, 2025; and 2.That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. Executive Summary: The purpose of this report is to seek Council approval to authorize the Director, Community Services to execute the Temporary Licence Agreement with Ontario Power Generation (OPG) for the use of Kinsmen Park for the Canada Day Celebration on July 1, 2025. Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priorities of Strengthen Existing & Build New Partnerships, and Advocate for an Inclusive, Welcoming, Safe & Healthy Community . Financial Implications: There are no financial implications from the recommendations of this report. Discussion: The purpose of this report is to seek Council approval to authorize the Director, Community Services to execute the Temporary Licence Agreement with OPG for the use of Kinsmen Park for the Canada Day Celebration on July 1, 2025. 1.A Temporary Licence Agreement is required for the use of Kinsmen Park on Canada Day. OPG is the owner and operator of Kinsmen Park, located at 777 Brock Road, and 889 Brock Road. The City entered first into a licence agreement on June 27, 2013 for a non-exclusive licence to use Kinsmen Park for recreational and public park use. The licence agreement grants the City use of the lands for recreational uses including walking, hiking, biking, snow shoeing, cross-country skiing, wildlife observation, photography, educational activities, picnics, children’s play areas, athletic fields, tennis cour ts and associated facilities. Since festivals are CS 17-25 June 9, 2025 Subject: Ontario Power Generation Canada Day Agreement Page 2 not a permitted use in the licence agreement, the temporary licence agreement, set out in Attachment 1, grants the City the authority to use OPG lands for that purpose. 2.Canada Day Celebrations are planned to take place at Kinsmen Park on July 1, 2025. The City of Pickering’s annual Canada Day nighttime celebration will take place on Tuesday, July 1, 2025, from 7:00 pm to 10:00 pm at Kinsmen Park. The event will feature live entertainment, food vendors, and a pyro musical fireworks finale and is expected to draw approximately 5,000 to 6,000 attendees. The nighttime celebration follows the Canada Day daytime event, which will take place earlier in the day from 12:00 pm to 5:00 pm at Esplanade Park. Kinsmen Park will serve as the primary event site of the Canada Day Evening Program , with the South Parking Lot and park fields being occupied from Monday, June 30 to Wednesday, July 2 for the installation of the mainstage, event rentals, and other logistical requirements. The North Parking Lot will be used on Tuesday, July 1 to support event operations and public access. Alex Robertson Park will be closed from Sunday, June 29 to Wednesday, July 2 to facilitate the safe setup, launch, and security of the fireworks display. Given the scale of the event, Fire Services, Durham Regional Police Services, and Paramedics will be present throughout the celebration to ensure public safety and provide necessary assistance. Bus shuttles will transport attendees between Kinsmen Park and the Pickering GO Station, the Ontario Power Generation Learning Centre parking lots at 777 Brock Road, with overflow at 889 Brock Road. The shuttle service will begin at 6:00 pm, with return shuttles resuming shortly after the fireworks show concludes. At 10:00 pm, the Ontario Power Generation Learning Centre parking lot will serve as a designated area for Durham Region Transit shuttles to facilitate post-event transportation. Staff are seeking Council’s endorsement to enter into a temporary lease agreement with OPG, to occupy the lands from Sunday, June 29 to Wednesday, July 2, 2025. Attachment: 1.Temporary Licence Agreement CS 17-25 June 9, 2025 Subject: Ontario Power Generation Canada Day Agreement Page 3 Prepared By: Approved/Endorsed By: Original Signed By Original Signed By Cristopher Farrel Laura Gibbs, MBA, MSc. Supervisor, Cultural Services Director, Community Services Original Signed By Brian Duffield Director, City Infrastructure LG :cf R ecom mended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Original Signed By Attachment 1 to Report CS 17-25 TEMPORARY LICENCE AGREEMENT This Agreement is made May 16th, 2025 between ONTARIO POWER GENERATION INC., a corporation existing under the laws of Ontario (“OPG”), and THE CORPORATION OF THE CITY OF PICKERING, a corporation existing under the laws of Ontario (the “City”). Recitals A.OPG is the owner, operator, and leasee of certain nuclear generating facilities at or near the City of Pickering, Ontario, including the lands and facilities commonly known as the Pickering Learning Centre, Bay Ridges Kinsmen Park, Pickering Nuclear Generating Station, 777 Brock Road, and 889 Brock Road (the “Site”). B.The City wishes to enter upon certain of the lands located at the Site and use said lands for the purposes of geotechnical work, setting up a stage, providing motor vehicle parking, and a bus loop for pick up / drop off to the general public (the “Project”) for the City’s Canada Day celebrations. C.OPG has agreed to grant a temporary licence to the City to enter upon the Site for the purposes of the Project in accordance with the terms and conditions set out below. For value received, the parties agree as follows: 1.Grant of Licence. OPG hereby grants to the City a non-exclusive license to permit certain of its employees, servants, agents and the public to enter onto and to pass and repass over certain of the lands (hereinafter referred to as the “Designated Area”) located at the Site, as shown outlined grey and shaded yellow on Schedule’s A and B appended hereto and to use the Designated Area for the purposes of the Project only. This license includes a right of ingress to and egress from the Designated Area, as more particularly described in Schedule A. The term of this Agreement shall commence at 12:00 a.m. on May 26th, 2025, until 12:00a.m. on May 27th, 2025, for geotechnical work and then resume at 12:00 a.m. on July 1, 2025, and will terminate at 5:00 am on July 2, 2025. 2.Use of the Designated Area. The City shall ensure that its activities, during the term of this Agreement, are restricted to the Designated Area, unless provided with the prior written approval of OPG. The City will have access to the Designated Area only at the dates and times stipulated in paragraph 1 above. Access to the Designated Area or the Site at any other date or time is subject to the prior written approval of OPG. The City shall ensure that use of the Designated Area is for the purposes of the Project only and the City will not alter or remove any existing structures, or remove or cover any sign, without the prior written approval of OPG. The City shall ensure that vehicles brought to the Designated Area and Site do not stop or interfere with the normal flow of traffic, otherwise than as specifically authorized in writing, by OPG. - 2 - The City is solely responsible for any road maintenance that may be required as a result of the permission granted herein and, subject to the prior written approval of OPG, must perform same. Vehicles must not be parked on or alongside any roads or in any other location, without the prior written approval of OPG. 3. Restoration of Site. Upon completion of the Project, the City will remove all waste and debris from the Designated Area and the Site and, at its own expense, will restore same to a condition satisfactory to OPG. 4. Supervision. The City shall assume full responsibility for (i) the acts or omissions of its employees, servants, contractors, agents and all other persons (including members of the public) or entities permitted by the City to enter the Designated Area; and (ii) the safety of the general public, the City’s employees, servants, contractors, agents and all other persons or entities permitted by the City to enter the Designated Area. The City shall forthwith remove from the Site any individual that OPG, in its sole discretion, deems to be acting in an incompetent, illegal or unsafe manner. The City shall appoint a Location Manager, who will be responsible for the supervision and management of the Project. The Location Manager must be in attendance at the Site throughout the duration of the City’s activities and will be responsible for the safety of the general public, the City’s employees, servants, contractors, agents and all other persons or entities permitted by the City to enter the Designated Area and the Site during the term of this Agreement. 5. Applicable Law. The City will comply at all times with all applicable federal, provincial and municipal statutes, codes, by-laws, rules and regulations, including OPG safety standards, as well as all orders, directives and instructions of every governmental or other competent authority having jurisdiction with respect to the use and occupation of the Designated Area and upon request, proof of such compliance shall be provided to OPG. The City acknowledges having had the opportunity to inspect the Designated Area prior to entering into this Licence and accepts the Designated Area “as is”, “where is”. 6. Compliance. The City shall comply with all instructions and orders of OPG and all persons acting on its behalf, issued from time to time, including without limitation, instructions and orders to suspend or halt any or all aspects of the Project if, in OPG’s sole discretion, the Designated Area or the operations of the Site may be interfered with or in danger, if the safety of any person may be in jeopardy or if the Project is not being carried out in accordance with the terms of this Agreement. OPG will not be liable to the City for any damages or loss occasioned thereby. 7. Interference. The City will ensure that any and all activities that occur as a result of the rights granted herein will not interfere in any way with or cause any damage to the Designated Area or the Site or the operations of the Site or any other works of OPG now existing or hereafter constructed at the Site, and will comply with all instructions and orders to suspend or halt performance of the Project in the event of such interference or damage. The City shall assume all liability and obligation in respect of any and all loss, damage or injury sustained by OPG as a result of such interference or damage. 8. Termination. The City acknowledges that OPG owns and operates a nuclear generating station at the Site and that the safe and efficient operation of such facility takes precedence over all other - 3 - activities on the site. The City further acknowledges and agrees that OPG shall have the right to (a) upon the delivery of oral or written notice and without invalidating this Agreement, to terminate the Agreement prior to the commencement of the Term, or (b) require the City to suspend or halt the Project for such reasonable period of time as OPG may require. OPG will not be liable to the City for any damages or loss occasioned thereby. 9.Indemnity. The City shall assume all liability and obligation for any and all loss, damage or injury (including death), by reason of fire, accident or otherwise, to all persons or property, howsoever arising, as a result of or connected in any way with the use and occupation of the Designated Area or the performance of the Project; and in consideration of the rights and privileges granted herein, the City does hereby release and forever discharge OPG, its subsidiary and affiliated corporations, successors and assigns and all persons acting on its behalf, from all claims, actions, demands or other proceedings in respect thereof; and in further consideration of same, the City hereby agrees to indemnify OPG, its subsidiaries, its successors and assigns and all persons acting on its behalf, from and against all such claims, actions, demands or other proceedings and all expenses and costs occasioned thereby, save and except any loss or damage arising from the negligence or wilful act or other misconduct by OPG. 10.Insurance. The City 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 fire fighting expenses, all on a per occurrence basis, with respect to the Project and the use and occupation of the Designated Area, with a limit for any one occurrence or claim of not less than $10,000,000.00, which amount may be increased if OPG, in its sole discretion, so requires. Such insurance shall name OPG as an additional insured party and shall contain a severability of interests and a cross-liability clause and specify that it is primary coverage and not contributory with or in excess of any insurance coverage maintained by OPG. A certified copy of the insurance policy, evidencing the above, must be provided to OPG before the City will be permitted to enter onto the Designated Area. 11.Notice. Except as is otherwise provided in this Agreement, every notice required or permitted under this Agreement must be in writing and may be delivered in person, by courier or by email to the applicable party, as follows: If to the Licensor, Ontario Power Generation Inc. 700 University Avenue, H18 Toronto, Ontario, M5G 1X6 Attention: Ray Davies Phone: 416-592-1743 Email: ray.davies@opg.com Email (copy): izsak.dewar@opg.com If to the Licensee, The Corporation of the City of Pickering 1955 Clements Road Pickering, Ontario Attention: Dan Finn Phone: 905-420-4660 ext. 5231 Email: dfinn@pickering.ca or to any other address or individual that a party designates by notice. Any notice under this Agreement, if delivered personally or by courier will be deemed to have been given when actually received, if delivered by email before 3:00 p.m. on a business day will be deemed to have been delivered on that business day and if delivered by email after 3:00 p.m. on a business day or on a day which is not a business day will be deemed to be delivered on the next business day. - 4 - 12. Email Transmission. This Agreement may be signed and delivered in any number of counterparts, each of which when signed and delivered is an original but all of which taken together constitute one and the same instrument. This Agreement may be delivered by email. 13. General Terms. The division of this Agreement into sections and the insertion of headings are for convenience of reference only and are not to affect the construction or interpretation of this Agreement. Words importing the singular include the plural and vice versa. The term “including” means “including without limitation”, and the terms “includes” and “included” have similar meanings. The term “entity” means any individual, sole proprietorship, partnership, corporation, limited liability company, trust, joint venture, governmental authority or any other incorporated or unincorporated entity or association of any nature. This Agreement is governed by, and is to be construed and interpreted in accordance with, the laws of Ontario and the laws of Canada applicable in Ontario. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Ontario in respect of any matter relating to this Agreement. If any term of this Agreement is or becomes illegal, invalid or unenforceable, the illegality, invalidity or unenforceability will be deemed severable and will not affect any other term of this Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior agreements, negotiations, discussions, representations, warranties and understandings, whether written or verbal. The City may not assign this Agreement without the prior written consent of OPG, which consent may be unreasonably delayed or withheld. This Agreement enures to the benefit of and binds the parties and their respective successors and assigns. No term of this Agreement may be amended or waived except in writing. No failure to exercise, and no delay in exercising, any right or remedy under this Agreement will be deemed to be a waiver of that right or remedy. No waiver of any breach of any term of this Agreement will be deemed to be a waiver of any subsequent breach of that term. The parties have duly executed this Agreement. ONTARIO POWER GENERATION INC. THE CORPORATION OF THE CITY OF PICKERING Authorized Signatory Name: Izsak Dewar Title: Real Estate Associate I have the authority to bind the corporation. Authorized Signatory Name: Title: I have the authority to bind the corporation. - 5 - Schedule “A” - 6 - Schedule “B”