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HomeMy WebLinkAboutJune 9, 2025 Addendum Executive Committee Meeting Agenda Electronic Meeting June 09, 2025 - 02:00 PM Chair: Mayor Ashe Please be advised that in accordance with Section 10.04 of the Procedure By-law, the City of Pickering is holding Council and Committee Meetings in an electronic format until further notice. Members of the public may observe the meeting proceedings by viewing the livestream on the HTML Agenda or the archived video available on the City's website. How to Participate Individuals looking to make a verbal delegation may do so in accordance with the City’s Procedure By-law. In lieu of a verbal delegation, individuals may also submit written comments to clerks@pickering.ca. To register as a delegation, please submit a Delegation Request Form by visiting pickering.ca/meetings. Please note that matters marked with an asterisk (*) have been amended or added. For inquiries related to accessibility, please contact Legislative Services Phone: 905.420.4611 | Email: clerks@pickering.ca. 1.Call to Order/Roll Call 2.Disclosure of Interest 3.Delegations 3.1 Shaun Collier, Chair, Garry Cubitt, Vice Chair, John Fahey, Member, Karen Fisher, Member, Durham Regional Police Service Board and Peter Moreira, Chief of Police, Stefanie Finateri, Superintendent, Durham Regional Police Service Re: Durham Regional Police Service 2024 Community Policing Report David Rogers, Deputy Site Vice President, Pickering Nuclear, Luca Ceccato, Senior Vice President, Nuclear Projects, Analiese St. Aubin, Senior Manager, Corporate Relations & Projects, Ontario Power Generation Re: Ontario Power Generation Pickering Nuclear Generating Station Annual Update Matters for Consideration Chief Administrative Officer, Report CAO 10-25 Page 7 Pickering Heritage & Community Centre Project Update Tender No. T2023-12 – Milestone Report #3 Recommendation: That Report CAO 10-25 regarding the Pickering Heritage & Community Centre Project Update be received; 1. That staff be directed to issue a formal request to Durham Region Transit for the provision of a bus stop in proximity to the Pickering Heritage & Community Centre; and, 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in the report. 3. Director, Community Services, Report CS 11-25 Page 14 Lest We Forget Remembrance Crosswalks Update Recommendation: That Report CS 11-25 regarding Lest We Forget Remembrance Crosswalks Update be received for information. Director, Community Services, Report CS 12-25 Page 28 Consulting Services for Mechanical Improvements at Chestnut Hill Developments Recreation Complex Recommendation: *3.2 4. 4.1 4.2 4.3 Addendum Executive Committee Meeting Agenda June 09, 2025 - 2 - That RFP2025-5 for Consulting Services for Mechanical Improvements at Chestnut Hill Developments Recreation Complex submitted by Bouthillette Parizeau Inc. (BPA) in the amount of $188,764.80 (net HST) or $209,615.00 (HST included) be accepted; 1. That the total gross project cost of $420,640.00 (HST included), including the amount of the proposal, contingency and other associated costs, and the total net project cost of $378,799.00 (net of HST rebate), be approved; 2. That the Director, Finance & Treasurer be authorized to finance the net project cost of $378,799.00 to be funded from the Facilities Reserve, CCBF (FGT) and Property Taxes as approved in 2020 and 2022-2025 Capital Budgets; 3. That the Director, Community Services be authorized to execute the Form of Agreement with the above-mentioned consultant pursuant to Request for Proposal No. RFP2025-5; and, 4. That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. 5. Director, Community Services, Report CS 13-25 Page 32 Beverage Vending Machine Services Provider Request for Quotation No. Q2024-34 Recommendation: That the quotation submitted by Break Time Vending Services, in response to Request for Quotation No. Q2024-34 for Beverage Vending Machine Services Provider, offering commission of 54% of sales be accepted; 1. That the Director, Community Services be authorized to execute a Vending Services Agreement with Break Time Vending Services; and, 2. That the appropriate City officials be authorized to take the necessary actions as indicated in this report. 3. Director, Community Services, Report CS 14-25 Page 35 Whitevale & District Residents’ Association Licence Agreement Renewal Recommendation: That the Mayor and City Clerk be authorized to execute the Licence Agreement for a five year term commencing July 1, 2025 and ending June 30, 2030 with Whitevale & District Residents’ Association for the operation of the Whitevale Arts & Culture Centre and the Whitevale Community Centre 1. 4.4 4.5 Addendum Executive Committee Meeting Agenda June 09, 2025 - 3 - including the Mary Christian House, set out in Attachment 1 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; and, That the appropriate City officials be authorized to take necessary actions as indicated in this report. 2. Director, Community Services, Report CS 15-25 Page 81 Electric Vehicle Charging Stations Pilot Project Recommendation: That Report CS 15-25 regarding the City’s electric vehicle charging stations pilot project be received for information. Director, Community Services, Report CS 16-25 Page 92 Mt. Zion Community Centre Association Licence Agreement Renewal Recommendation: That the Mayor and City Clerk be authorized to execute the Licence Agreement for a two year term commencing July 1, 2025 and ending June 30, 2027 with Mt. Zion Community Centre Association for the operation of the Mt. Zion Community Centre, set out in Attachment 1 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; and, 1. That the appropriate City officials be authorized to take the necessary actions as indicated in this report. 2. Director, Engineering Services, Report ENG 10-25 Page 135 Proposed Community Safety Zone Liverpool Road Recommendation: That the attached draft by-law be enacted to amend Schedule “14” to By-law 6604/05 to provide for the regulation of Community Safety Zones on highways or parts of highways under the jurisdiction of The Corporation of the City of Pickering to provide for a Community Safety Zone on Liverpool Road, from Bushmill Street/Linwood Street to Halsey Lane; and, 1. That the appropriate officials of the City of Pickering be authorized to take the 2. 4.6 4.7 4.8 Addendum Executive Committee Meeting Agenda June 09, 2025 - 4 - necessary actions as indicated in this report. Director, Engineering Services, Report ENG 11-25 Page 141 Proposed Parking and Stopping Restrictions, Various Locations Amendment to the Traffic and Parking By-law 6604/05 Recommendation: That the attached draft by-law be enacted to amend Schedule “1”, No Stopping, and Schedule “2”, No Parking, to By-law 6604/05 to provide for the regulation of stopping and parking restrictions on highways or parts of highways under the jurisdiction of The Corporation of the City of Pickering, specifically to address the proposed installation of stopping and parking restrictions on portions of Eyer Drive, Craighurst Court and Zents Drive; and, 1. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 2. Director, Engineering Services, Report ENG 12-25 Page 152 Road Servicing Agreement with Ontario Power Generation Inc. Sandy Beach Road and Montgomery Park Road Recommendation: That the City of Pickering enter into a Road Servicing Agreement with Ontario Power Generation Inc. to facilitate the design, approvals and construction for the rehabilitation of Sandy Beach Road from south of Bayly Street to Montgomery Park Road, and the reconstruction of Montgomery Park Road from Sandy Beach Road to approximately 400m east and south of McKay Road; 1. That the Mayor and City Clerk are hereby authorized to execute the Road Servicing Agreement between the City of Pickering and Ontario Power Generation Inc. in substantially the same form as attached to this report, subject to revisions acceptable to the Director, Engineering Services, the Director, City Infrastructure and the Director, Corporate Services & City Solicitor; and, 2. That the appropriate officials of the City of Pickering be authorized to take the actions necessary to implement the recommendations in this report. 3. Director, City Development & CBO, Report SUS 03-25 Page 176 4.9 4.10 4.11 Addendum Executive Committee Meeting Agenda June 09, 2025 - 5 - Local Enhancement and Appreciation of Forests Tree Planting Program Update and Extension Recommendation: That Report SUS 03-25 regarding an update on Local Enhancement and Appreciation of Forests Backyard Tree Planting program results, and the proposed extension be received; 1. That the Mayor and City Clerk be authorized to execute a two-year extension to the joint agreement between the Region of Durham, the Local Enhancement and Appreciation of Forests organization, and participating municipalities, as set out in Attachment 1 of this report, to deliver the tree planting program from July 1, 2025, to June 30, 2027, subject to the terms and conditions satisfactory to Director, City Development & CBO, and Director, Corporate Services & City Solicitor; 2. That appropriate City staff be directed to take the necessary actions as indicated in this report; and, 3. That staff report back on program results and proposed next steps at the conclusion of the agreement term. 4. Director, City Development & CBO, Report SUS 04-25 Page 192 2024 Sustainable Year-in-Review Recommendation: That Report SUS 04-25, regarding the 2024 Sustainable Pickering Year-in-Review, be received for information. Member Updates on Committees Other Business Adjournment 4.12 5. 6. 7. Addendum Executive Committee Meeting Agenda June 09, 2025 - 6 - Report to Executive Committee Report Number: CAO 10-25 Date: June 9, 2025 From: Marisa Carpino Chief Administrative Officer Subject: Pickering Heritage & Community Centre Project Update Tender No. T2023-12 – Milestone Report #3 File: A-1440 Recommendation: 1. That Report CAO 10-25 regarding the Pickering Heritage & Community Centre Project Update be received; 2. That staff be directed to issue a formal request to Durham Region Transit for the provision of a bus stop in proximity to the Pickering Heritage & Community Centre; and 3.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in the report. Executive Summary: The purpose of this report is to provide a semi-annual project status update on the construction of the Pickering Heritage & Community Centre (PHCC). In accordance with Recommendation 10 of Report FIN 03-24 (Resolution #398/24), staff were instructed to provide semi-annual project status updates on the construction of the Pickering Heritage & Community Centre. Staff are also seeking direction to issue a formal request to Durham Region Transit for a bus stop near PHCC. Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Priorities to Champion Economic Leadership & Innovation; Advocate for an Inclusive, Welcoming, Safe & Healthy Community; Advance Innovation & Responsible Planning to Support a Connected, Well-Serviced Community; Lead & Advocate for Environmental Stewardship, Innovation & Resiliency; Strengthen Existing & Build New Partnerships; and, Foster an Engaged & Informed Community. Financial Implications: The project is more than halfway complete in its construction phase, which is reflected in the total expenditures to-date. The current year -to-date total expenditure on the construction contract, as of the writing of this report, is $25,892,442.12 (before tax , billed as of March 31, 2025) and when measured against the Council approved Purchase Order (PO 4500001411) amount of $51,953,000.00, represents a total expenditure of 49 percent, excluding anticipated invoices for April and May 2025. - 7 - CAO 10-25 June 9, 2025 Subject: Pickering Heritage & Community Centre Project Update Page 2 No furniture, fixture or equipment purchases have been made to date. Expenditures against related budgets are expected to begin after the PHCC building has been enclosed. Most of these items can only be ordered for delivery to occur after the City has taken occupancy of the facility. Paid Change O rders to date total $23,815.80 (before tax) with approximately $669,190.14 in additional proposed changes expected. At this point, the project can be deemed to have successfully avoided risk of major costs that can often be associated with earthworks and unforeseen soil conditions. Major mechanical equipment and building structure were also delivered to site prior to the imposition of retaliatory Canadian tariffs, thereby avoid any potential exposure to additional costs on those major systems and components. Discussion: The purpose of this report is to provide operational and financial project updates on the construction of the PHCC in accordance with Recommendation 10 of Report FIN 03-24 (Council Resolution 398/24). 1. Decision History: A. Report CS 19-18; Resolution #455/18: RFP-6-2018 was awarded to Hariri Pontarini Architects in June 2018 for design and consulting services of Phase 1 of the PHCC project. B. Report CS 34-18; Resolution #08/18: Council directed staff to expand the scope of the design awarded for RFP-6-2018 to include Phase 2 design and related consulting services in the amount of $660,654.50 (HST included). C. Report CS 20-19; Resolution #72/19: Council directed staff to submit an application for funding to the Government of Canada’s Canada Cultural Spaces Fund for the construction of the Pickering Heritage & Community Centre. The City of Pickering was successful in securing $4,000,000.00 from the Canada Cultural Investment Fund toward construction costs for the PHCC. D. Report CS 40-19; Resolution #595/21: Council authorized staff to initiate and submit an application to the Investing in Canada Infrastructure Program to fund construction of PHCC. The City of Pickering was not successful in securing $12,500,000.00 in funding from the Government of Canada Investing in Infrastructure Program. E. Corr 24-21; Resolution #595/21: Council directed staff to submit an application for funding to the Government of Canada’s Green and Inclusive Community Building Program for the construction of the Council approved PHCC. The City of Pickering was successful in securing $12,500,000.00 toward construction costs for the PHCC. F. Report CS 27-21; Resolution #612/21: Council directed staff to finance the net amount of $126,691.00 in consulting costs to Hariri Pontarini Architects for the technical work required to complete the City’s application to the GICB program. - 8 - CAO 10-25 June 9, 2025 Subject: Pickering Heritage & Community Centre Project Update Page 3 G. Report OPS 17-22; Resolution #970/22; Council directed staff to allocate unspent funds provided by Reports CS 19-18 and CS 34-18 for architectural, landscape and engineering services for the PHCC at the Pickering Museum Village be re-allocated for the conversion of existing technical documents to meet Net-Zero Design criteria in accordance with the City’s Green and Inclusive Community Building grant application in the net amount of $394,727.00. H. Report OPS 03-23; Resolution #79/23: Council directed staff to award consulting and professional services to Archaeological Services Inc. in the amount of $364,708.00 (HST Included) to complete an archaeological review of existing property to be affected by the construction of the PHCC. I. Report FIN 01-24; Resolution #379/24: Council confirmed PHCC as a Capital Budget priority and requested that the Mayor include the applicable funds in the 2024 Current and Capital Budget and Capital Forecast. The estimated gross construction cost is $61.2 million less Federal Grants of $16.5 million which results in net construction cost of $44.7 million. Council authorized staff to pursue naming rights revenues for the confirmed Capital Budget priorities. J. Report FIN 03-24; Resolution #398/24: Council awarded the construction tender of the PHCC project to J. R. Certus. K. Report CS 25-24; Resolution #574/24: Council directed staff to explore the naming of the exhibit gallery in the PHCC as the John E. Anderson Exhibit Gallery. L. Report CAO 05-24: Resolution #533/24; staff provided Council with an update on the PHCC project. M. Report CAO 07-24: Resolution #632/24; staff provided Council with an update on the PHCC project. N. Report CS 01-25; Resolution #686/25; Council approved the naming of the exhibit gallery to be the John E. Anderson Exhibit Gallery. O. Report ECD 05-25: At the May 26, 2025 Council Meeting, staff recommended accepting $1,000,000.00 from Dorsay Developments Corporation in exchange for naming rights of Pickering’s new community centre, (previously called the Pickering Heritage & Community Centre) to be called the Dorsay Community Centre. 2. Site Works & Construction Activity: Foundations and structural steel superstructure work is complete, including provision of floor slabs and roof decks. Roofing work and exterior wall construction are well advanced with curtain wall installation to commence in June 2025. The building should be enclosed during the summer, enabling focus to shift to interior finishing for the final stage of the project. Interior partitions, electrical, mechanical and related rough-ins are already well underway. - 9 - CAO 10-25 June 9, 2025 Subject: Pickering Heritage & Community Centre Project Update Page 4 Permanent power connections are pending, with curbs and initial lifts of asphalt paving expected to occur during Q3. Landscaping work will also proceed in the fall, enabling planting to take root long before the end of the growing season. The City is finalizing negotiations with Toronto and Region Conservation Authority for transfer of lands to the west, required for the gravel overflow parking lot, including provision of a trail head and signage connecting to the TransCanada Trail, which passes through the museum property. Staff are actively working with the project consultants to develop all aspects of wayfinding and signage that will be required, including both interior, exterior , site orientation, and the potential addition of a pylon sign along Highway 7. Highlights of construction progress are summarized as follows: • P ermanent power will be connected to the building shortly . • Steel superstructure and wood laminated beam installation is complete. • Roof deck is installed and roofing is underway. • Cladding and curtain wall installation to commence shortly , with the building to be fully enclosed this summer. • Paving and landscaping work to commence by late summer. • Relocation of the Puterbaugh Schoolhouse and Harvey House is complete. Restoration of the Harvey House is to be undertaken as a separate project, with related design work already underway. • Major HVAC equipment is on site and being placed in position on rooftop curbs. Elevator installation will proceed after the building is enclosed. • The former site administration building is to be demolished in the fall 2025. 3. Schedule: The project schedule is to be ready for takeover by October 2025. The building is intended to open for public use in April 2026. There was some slippage in the schedule over the winter, but occupancy is still expected before the end of 2025, and the project team continues to work cooperatively to ensure timely delivery. Minor adjustments to the completion date are not expected to impact the targeted opening date or grant funding deadlines, as tolerance such occurrences was built into the original project deadlines. 4. Archaeological Work: All required archaeological work has been completed and draft reports have been circulated for review prior to submission to the registry . No further work has been identified as required as part of this project. 5. Operating Budget & Programming: Staff from the Community Services Department and the Pickering Public Library continue to work on operating budgets and preparing for the facility opening. - 10 - CAO 10-25 June 9, 2025 Subject: Pickering Heritage & Community Centre Project Update Page 5 Community engagement on programming was completed in late 2024. More specifically, the community engagement campaign began November 8, 2024 and r an for four weeks, ending on December 8. The engagement included a city -wide survey that resulted in 126 responses. Three Open Houses were offered including an evening session on November 13 at Chestnut Hill Developments Recreation Complex , afternoon and evening sessions on November 20 at Greenwood Community Centre, and an evening session at Dr. Nelson F. Tomlinson Community Centre. Engagement opportunities were advertised widely through various social media channels, distribution of a city -wide promotional mailout, and on the Lets Talk Pickering website (LetsTalkPickering.ca/PHCC). Summary of community engagement: •R esidents of Greenwood expressed concern about the safety of turning onto 6th C oncession Road from Highway 7, which is the main route of entry to the PHCC . •P articipants of the Open Houses identified a need for a public transit stop or access from the new community centre. •20% of respondents are interested in preschool programs at the PHCC. The most popular program times are weekend mornings. Respondents are interested in a wide range of preschool activities including educational programs, outdoor nature, arts & crafts, parent/tot play, dance, music, and cooking. •31% of respondents are interested in children’s programs at the PHCC. While Saturday was reported as the most popular day of the week for children’s programs, all days of the week were popular program times, primarily for evening programs. The most popular children’s programs that people requested include: summer camps, educational programs, arts & crafts, music, outdoor nature, and cooking/baking. •16% of respondents are interested in youth programs on weekends and weekdays during the evening. The most popular youth programs include car/small engine care, art, crafts (sewing, knitting, costume making), cooking/baking, and drop-in programs. •72% of respondents are interested in adult programs on weekdays throughout the day. The most popular programs include fitness, crafts, art, outdoor nature programs, and cooking/baking. •R espondents interested in 55+ programming prefer programs times throughout the week. •For all ages, respondents were most interested in summer concerts, art festivals, and indoor music performances at the Community Centre. •R espondents are interested in accessing a range of library materials and want access to WIFI, printers and desktop computers. 88% of respondents were likely or somewhat likely to visit the Local History Experience Centre. - 11 - CAO 10-25 June 9, 2025 Subject: Pickering Heritage & Community Centre Project Update Page 6 A marketing campaign of the new Community Centre and its programs, activities and services is planned to begin in summer, 2025. Rentals and facility bookings will begin taking bookings for spaces in the Community Centre starting in July, 2025. Operating costs will be included in the 2026 Current Budget. First public use of the f acility is not expected until spring 2026, following a fit-out period after the construction is complete. Staff are preparing for a grand opening in spring 2026. 6.Transit Stop at the PHCC Rec ommendation 2 of this report is intended to formalize and reinforce the importance of integrated transit access to the PHCC , including library and museum . PHCC is located along a major transportation corridor and will serve as a key community facility for Seaton and adjoining developments until other facilities are built in the future. Staff from Community Services have met with staff from Durham Region Transit and discussed options for a bus route to the PHCC and permanent bus stop located at the PHCC to provide low cost, reliable transit options to the facility. Durham Region staff recommended that the City send a letter to Durham Region requesting this bus stop. The City of Pickering has fostered a relationship with Durham Region Transit, offering the second year of free shuttle service using Durham Transit buses and established routes to serve Pickering residents with a route from Pickering City Centre to the Waterfront, along Liverpool Road. The waterfront shuttle service route runs only during peak times, mainly during weekends and holidays. In discussions with Durham Region Transit staff there is interest in creating a route to the PHCC, under a similar partnership model to the waterfront shuttle service. During community engagement, residents requested a transit stop at the PHCC . As such, staff recommend sending a letter to Durham Region Transit to formally make this request. Attachment: None. Prepared By: Approved/Endorsed By: Original Signed By Original Signed By Vince Plouffe, OAA, MRAIC Stan Karwowski Division Head, Facilities Management Director, Finance & Treasurer & Construction - 12 - CAO 10-25 June 9, 2025 Subject: Pickering Heritage & Community Centre Project Update Page 7 Approved/Endorsed By: Original Signed By Laura Gibbs, MBA, M Sc. Director, Community Services Original Signed By Jackie Flowers CEO/Director of Public Library LG :vp Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 13 - Report to Executive Committee Report Number: CS 11-25 Date: June 9, 2025 From: Laura Gibbs Director, Community Services Subject: Lest We Forget Remembrance Crosswalks Update File: A-1440-001 Recommendation: 1. That Report CS 11-25 regarding Lest We Forget Remembrance Crosswalks Update be received for information. Executive Summary: The purpose of this report is to provide Council with an update on the selection of the public art designs of two “Lest We Forget” remembrance crosswalks. As per Resolution #616/24, Council directed City staff to consult with the Royal Canadian Legion Branches #606 and #483 on the suitability and design for the installation of two “Lest We Forget” crosswalks, funded from the Public Art Reserve, and that staff report back to Council by the end of Q2 2025 on the most suitable locations and design, to facilitate installation in time for Remembrance Day 2025. The designs for each location were completed by artists Verna - Jia Lin & Alex Vongsavath of Paintint Inc. (Attachment 1). Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority of Advocate for an Inclusive, Welcoming, Safe & Healthy Community. Financial Implications: The Public Art Project - Commemorative Crosswalks is reflected in the 2025 Current Budget (Cultural Services 10207), to be funded from the Public Art Reserve in the amount of $33,000.00. Discussion: The purpose of this report is to provide Council with an update on the selection of the public art designs of two “Lest We Forget” remembrance crosswalks. As per Resolution #616/24, Council directed that City staff consult with the Royal Canadian Legion Branches #606 and #483 on the suitability and design to be used for the installation of two “Lest We Forget” crosswalks, funded from the Public Art Reserve, and that staff report back to Council by the end of Q2 2025 on the most suitable locations and design, to facilitate installation in time for Remembrance Day 2025. - 14 - CS 11-25 June 9, 2025 Subject: Lest We Forget Remembrance Crosswalks Update Page 2 1. Staff have consulted with Legion Branches #606 and #483 Staff met in person and over the phone multiple times with representatives of Legion Branch #606 and #483 through December 2024 and into January 2025. Staff and Legion representatives discussed the scope of the project and review ed the Call to Artists that w as issued on February 3, 2025. During this time, Legion representatives shared the scope of the project with their membership at their regular January 2025 Branch meetings. Legion representatives noted that the Dominion Command of The Royal Canadian Legion has registered the trademark of the Poppy image to safeguard the Poppy insignia as a symbol of Remembrance. As such, image(s) of the poppy cannot be used in the crosswalk designs. The Call to Artists closed on February 24, 2025 and members of both Legion branches participated on the Public Art Jury in March, 2025 to review and vote on the successful artist. 2. The intersections of Old Brock Road & Acorn Lane, and Valley Farm Road & Esplanade South are the recommended locations for the Crosswalks Engineering Services Department staff recommend two suitable locations for the “Lest We Forget” remembrance crosswalks. The first location is adjacent to the Royal Canadian Legion Branch #483 (Claremont) on Old Brock Road and Acorn Lane (south leg of the intersection on Old Brock Road). To facilitate installation at this site, the culvert on the east side of Old Brock Road will need to be extended further north, the boulevard will require filling, and a concrete or asphalt path from the sidewalk to the edge of the road will need to be constructed. Operations staff have confirmed that this work can be completed this year, prior to installation, and using the current road maintenance budget. The second location is at Valley Farm Road and Esplanade South (north leg of the intersection on Valley Farm Road). This site is preferred as this crosswalk connects Esplanade Park to the Chestnut Hill Developments Recreation Complex, and lies along the Remembrance Day parade route used annually by Royal Canadian Legion Branch #606. It is also the endpoint of the recently installed public art piece, Crimson Inflorescence, which uses illuminated light posts as poppy stems to symbolize remembrance, sacrifice, and renewal. Inspired by John McCrae’s poem “In Flanders Fields,” the installation transforms Esplanade Park into a reflective space that honours fallen soldiers and inspires hope for peace. Both locations have been endorsed by representatives from Royal Canadian Legion Branches #606 and #483, Public Art Jury, as well as staff from Roads Operations, Traffic/Engineering, and Community Services Department. 3. Selection of artwork followed the process outlined in the Public Art Policy As per Section 10.01 of the Public Art Policy (CUL 130), an Open Call was selected as the Method of Acquisition (Attachment 2). A one-stage process was selected in which artists submitted detailed project proposals for two unique crosswalk designs. A Call to Artists – Request for Proposals was issued on February 3, 2025. The Call to Artists was advertised through the City of Pickering website as well as Akimbo, Community Services Distribution List, and through social media. The Call to Artists resulted in 20 proposals. - 15 - CS 11-25 June 9, 2025 Subject: Lest We Forget Remembrance Crosswalks Update Page 3 As per Section 09.01 of the Policy, a Public Art Jury was formed (including representatives from Royal Canadian Legion Branches #606 and #483) and met on March 6, 2025 to review the 20 proposals. As a result of that meeting, the Public Art Jury recommended that the commission be awarded to Verna - Jia Lin & Alex Vongsavath of Paintint Inc. The Public Art Jury included a list of required revisions to the designs. The following designs revisions were requested to be made to the original crosswalk designs included: remove image of poppies as per the Dominion Command of The Royal Canadian Legion policy; the addition of a maple leaf to both crosswalk designs with a white border around maple leaf ; re-order the images to depict maple leaf at top, text “Lest We Forget” in the middle, and images of the soldier(s) at the bottom; duplicating and flipping the images so design is visible from the entry point in both directions of crosswalk; change brown background on both designs with a red brick texture; saluting hand was adjusted so it clearly resembles a salute; cross symbol updated to more closely resemble a medical cross with thicker lines. The recommendation was endorsed by the Cultural Advisory Committee on March 18, 2025. After that meeting, the selected artists met with City staff and were provided with the list of required revisions. Those revisions were completed and approved by representatives of the Royal Canadian Legion Branches #606 and #483, City staff , and endorsed on April 15, 2025 by the Cultural Advisory Committee. As the final crosswalk designs include the use of a stylized 11-point maple leaf, staff reached out to the Department of Canadian Heritage for review of the designs. They provided the following response: “In this case, the context makes it abundantly clear that the presence of the Maple Leaf is one of respectful homage to Canada’s heroes and their sacrifices for our country. While all the figures represented in the crosswalk will bear the effects of foot and road traffic equally, both the maple leaf and the silhouettes, it is clear that the intention here is not to symbolically trample these figures. The Department of Canadian Heritage therefore has no objection to your use of the stylized 11-point maple leaf as it appears in this submission.” Staff will issue an Invitation f or Quote to print and install the two “Lest We Forget” c rosswalks onto the road surfaces. 4. Installation and unveiling An official unveiling event for the two remembrance crosswalks is planned for f all 2025 at both locations. The City Centre unveiling will take place in partnership with the Legion Branch #606 on location near the installation site and will be immediately followed by an unveiling at the installation location in Claremont. The Claremont Legion #483 will host a gathering at their Legion Hall on the day of the unveiling. The City is currently seeking submissions from vendors to print and install the two “Lest We Forget” c rosswalks using preformed thermoplastic suitable for City Road surfaces. Thermal plastic requires an air temperature of 10 degrees Celsius to apply. The City Centre c rosswalk location is approximately 15.5m x 3.0m . The Claremont crosswalk is approximately 10.5m x 3.0m . - 16 - CS 11-25 June 9, 2025 Subject: Lest We Forget Remembrance Crosswalks Update Page 4 Attachments: 1.Pickering Crosswalk Designs 2.Call to Artists – Request for Proposals Lest We Forget Remembrance Crosswalks 3.Resolution #616/24 Prepared By: Approved/Endorsed By: Original Signed By Original Signed By Jesse St. Amant Laura Gibbs, MBA, MSc. Coordinator , Cultural Services Director, Community Services LG :jsa Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 17 - Attachment 1 to Report CS 11-25 - 18 - 1 Attachment 2 to Report CS 11-25 Call to Artists – Request for Proposals (RFP) Lest We Forget Remembrance Crosswalks Deadline: February 24, 2025 at 4:00 pm EST. Photo of the Lest We Forget Crosswalk , located in Town of Lincoln, ON. Artist Opportunity The C ity of Pickering invites artists to respond to this Call to Artists – Request for Proposals by submitting digital artwork proposals for two (2) unique crosswalk locations using the theme “Lest We Forget” that will honour our Veterans. The c hosen “Lest We Forget” crosswalk artist designs will be displayed on a roadway near Esplanade Park in our City Centre, with a second crosswalk to be installed in Claremont adjacent to the local Royal Canadian Legion Branch. This call is open to digital artists, teams, and collectives, with preference given to local artists. The final application of the design onto the road surfaces will be completed by a separate City Contractor. One (1) artist will be selected to carry out the final design of both unique crosswalk locations. The selected artist may also be required to attend a community consultation to refine their initial submission. This consultation will include representatives from the Royal Canadian Legion #606, and Royal Canadian Legion #483, as well as City staff . The final designs may also require modification - 19 - 2 to accommodate installation onto road surface using templates/stencils manufactured by the contractor. One (1) artist selected will be awarded $4,000 plus HST for submission of two unique designs. As defined by the City of Pickering Public Art Policy (CUL 130), an artist is the designer/creator of an artistic work, which may include, but is not limited to, a professional artist, graphic designer, collaborative team, architect, or landscape designer. A jury of arts professionals, Cultural Advisory Committee members, City staff , and Royal Canadian Legion representatives will review the submissions. Site Context The City of Pickering resides on land within the Treaty and traditional territory of the Mississaugas of Scugog Island First Nation and Williams Treaties signatories of the Mississauga and Chippewa Nations. One design (Claremont) will be displayed in the hamlet of Claremont, on Old Brock Road and Acorn Lane (south leg of intersection). The second design (City Centre) will be displayed near Esplanade Park at the intersection of Esplanade South and Valley Farm Road (north leg of intersection). Crosswalk in Claremont will be placed near the Legion #483 Hall at the intersection of Old Brock Road and Acorn Lane (south leg of the intersection) - 20 - 3 Crosswalk in City Centre will be placed near Esplanade South at Valley Farm Road intersection (north leg across Valley Farm Road) Photo of Town of Amherst “Lest We Forget Crosswalk” design by local artist Daren White. Project Brief The City of Pickering’s Cultural Strategic Plan (2014) outlines the City’s commitment to collaborate with the community to celebrate our cultural diversity, heritage and the arts; to sustain our natural environment; to foster a creative economy; and to strengthen our vibrant neighbourhoods. These temporary public art pieces will be another way residents can reflect, honour and remember our fallen soldiers on Remembrance Day, and all year long. Artists are encouraged to capture the spirit of Remembrance Day and honoring veterans in both designs. Members of the Royal Canadian Legion will be part of the selection process. - 21 - 4 The City of Pickering will be seeking to purchase the work and assume full ownership. The successful work will act as a marker and further commemorate our fallen soldiers throughout the year. Budget The final artist will be paid $4,000 CAD plus HST (maximum)* for two unique digital artwork files. This is the total amount available for the creation of the two digital artwork s. The budget above is for the artist fee and includes up to 2 rounds of revisions, travel to meetings and the site, community consultation, and all applicable taxes. The City of Pickering is responsible for the final installation of the artwork onto the road surface. The selected artist will enter into a written agreement with the City of Pickering following the approval of the acquisition of the public art. This agreement will address the artist's obligations, which include, but are not limited to: • Timeline • Copyright, Intellectual Property and Moral Rights Anticipated Schedule It is expected that the commissioned artist(s) will comply with the project’s general timeline dates, as stated below: Date* Project Phase February 3, 2025 Issue RFP February 24, 2025 Submissions Due March 7, 2025 Selected Artist Notified March/April 2025 Design Review and Revisions May/June 2025 Final Design and Project Endorsements September/October 2025 Artwork Installation by City October 2025 Artwork Unveiling *Schedule is subject to change - 22 - 5 Technical Specifications Design Considerations 1. This call is primarily targeting new site-specific work suitable for display outdoor all-seasons. 2. Both designs should be inspired by and include “Lest We Forget” text and image(s) of Remembrance that are simplified vector linear artwork. Each site has additional design elements brought forward by the individual Legion Branches to consider in your proposal, but not limited to: • City Centre: White background with m ultiple soldiers, including female soldiers and/or nurse figures, white background. • Claremont: Clean and simple design using a red background, white text and minimal, but impactful image(s). 3. The Dominion Command of The Royal Canadian Legion has registered the trademark of the Poppy image to safeguard the Poppy insignia as a symbol of Remembrance. As such, image(s) of the poppy cannot be used in the designs. 4. Crosswalk dimensions – approximately 3.3 meters tall x 12.8 meters wide. Proposed Designs should be within or near this scale. 5. White or Yellow boarder across top and bottom – 10 cm is the standard for crosswalks. 6. The work is to be inclusive, engaging and create a feeling of remembrance and honoring our fallen soldiers. 7. Final Digital Artwork will be professionally reproduced onto preformed thermoplastics and installed onto road surface by a City of Pickering Contractor. 8. The City of Pickering will own the rights to the two final crosswalk designs provided by the artist. 9. The City of Pickering may choose to display images of the digital artwork for marketing and promotion purposes. 10. High resolution PDF, Adobe Illustrator .ai files, or .eps files are required for production. Selection Process A public art jury comprised of practicing arts professionals, Cultural Advisory Committee Members, City staff and Royal Canadian Legion representatives will be established for the evaluation of the proposals. This is a one-stage competition. One (1) artist will be awarded the commission for the two unique designs. The Jury will recommend one (1) artist or artistic team for the award of the commission based on the following criteria: - 23 - 6 1. Artistic merit, including quality of work, originality, and artistic excellence in the field of outdoor temporary/permanent art. 2. Adherence to location and expressed desire in this project. 3. Artist’s demonstrated ability and proposal feasibility to meet the artwork goals and technical requirements, within the set timeline and budget. The City of Pickering reserves the right to select and retain the artist deemed most appropriate for the project at its sole discretion. Submission Requirements Artists are invited to respond to this RFP Call by submitting a single pdf document (max size 20 MB) including: • Artist statement: describe your interest in this project and share your experience in the field. You can submit a written document (1-page max). • Concepts of the two unique crosswalk designs based on the Design Considerations mentioned in this call. These should be rough sketches of the designs you plan to submit should awarded the opportunity. • Portfolio of past work: Examples of relevant work. You may include multiple images per project on 1 page of a maximum to 10 projects (10-pages). Add tittle, year, scope, budget and a short description. • References: A list of at least two professional references familiar with your work and working methods. The list must include name, title, complete e- mail addresses and telephone numbers. Submissions must be sent to jstamant@pickering.ca with subject line: Call to Lest We Forget Remembrance Crosswalks - (Artist Preferred Name) Deadline: February 24, 2025, at 4 pm EST. Accessibility The City will provide accommodation throughout the selection process to applicants with disabilities. Please notify Jesse St. Amant, Coordinator, Cultural Services at 905.420.4660 ext.3607 or jstamant@pickering.ca of the nature of any accommodation(s) that you may require in respect of any materials or processes used to ensure your equal participation. - 24 - 7 Reserved Rights of the City of Pickering The City of Pickering, at its sole discretion, may request clarification or request additional information, as deemed necessary to evaluate the submissions. The City retains the sole discretion to determine whether a submission is responsive and if the prospective Artist or Artist Team can perform the Work. The City reserves the right, at its sole discretion, to determine the number of pre-qualified Artists or Artist Teams. The City reserves the right to not proceed with awarding a contract. Publication of Information The City of Pickering shall have the exclusive rights to issue all public announcements regarding the competition. Additional Information For any additional information or questions please contact: Jesse St. Amant, Coordinator, Cultural Services at 905.420.4660 ext. 3607 or jstamant@pickering.ca. - 25 - Attachment 3 to Report CS 11-25 Legislative Services Division Clerk’s Office Directive Memorandum November 29, 2024 To: Laura Gibbs Director, Community Services From: Susan Cassel City Clerk Subject: Direction as per Minutes of the Meeting of City Council held on November 25, 2024 Lest We Forget Remembrance Crosswalks Council Decision Resolution #616/24 WHEREAS, the Cenotaph for the City of Pickering is located in Esplanade Park; And Whereas, each November the City honours and recognizes our fallen soldiers through all the many wars from World War 1 to present armed conflicts; And Whereas, the addition of a “Lest We Forget” crosswalk at or around Esplanade Park, or a central location in the City downtown core, with a second crosswalk to be installed in Claremont adjacent to the Royal Canadian Legion Branch #483, is another way residents can reflect, honour and remember our fallen soldiers on Remembrance Day, as well as at other times of the year; And Whereas, other Ontario municipalities such as the City of Hamilton and City of Chatham, and the Town of Amherst in Nova Scotia, have installed red crosswalks, with a simple relief silhouette of a soldier, and “Lest we Forget” to raise awareness, enhancing community and soldier commemoration citywide; Now therefore be it resolved that the Council of The Corporation of the City of Pickering directs through the Office of the CAO: 1.That notwithstanding CUL 130 Public Art Policy, that staff consult with the Royal Canadian Legion Branches #606 and #483 on the suitability and design to be used for the installation of two “Lest We Forget” crosswalks, funded from the Public Art Reserve (8038); 2.That the Mayor be requested to include funding in the amount of $33,000 in the 2025 Current Budget to enable staff to undertake a public art installation, to be selected pursuant to the Public Art Policy (CUL 130) and funded from the Public Art Reserve; and, 3.That staff report back to Council no later than the end of Q2 2025 on the most suitable locations, design, and cost to facilitate installation of both crosswalks in time for Remembrance Day 2025. - 26 - Please take any action deemed necessary. SC:jc Copy: Chief Administrative Officer Director, Finance & Treasurer - 27 - Report to Executive Committee Report Number: CS 12-25 Date: June 9, 2025 From: Laura Gibbs Director, Community Services Subject: Consulting Serv ic es for Mechanical Improvements at Chestnut Hill Developments Recreation Complex File: A-1440-001 Recommendation: 1. That RFP2025-5 for Consulting Services for Mechanical Improvements at Chestnut Hill Developments Recreation Complex submitted by Bouthillette Parizeau Inc. (BPA) in the amount of $188,764.80 (net HST) or $209,615.00 (HST included) be accepted; 2. That the total gross project cost of $420,640.00 (HST included), including the amount of the proposal, contingency and other associated costs, and the total net project cost of $378,799.00 (net of HST rebate), be approved; 3. That the Director, Finance & Treasurer be authorized to finance the net project cost of $378,799.00 to be funded from the Facilities Reserve, CCBF (FGT) and Property Taxes as approved in 2020 and 2022-2025 Capital Budgets; 4. That the Director, Community Services be authorized to execute the Form of Agreement with the above-mentioned consultant pursuant to Request for Proposal No. RFP2025-5; and 5. 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 award Request for Proposal No. RFP2025-5 for Consulting Services for Mechanical Improvements at the Chestnut Hill Developments Recreation Complex (CHDRC). This consulting work includes site investigation, design, preparation of construction documents, and construction contract administration for equipment replacements and performance improvements at the CHDRC. Request for Proposal No. RFP2025-5 was advertised on the City’s bids&tenders portal on March 12, 2025, and closed on April 8, 2025. Five proponents submitted proposals. The Evaluation Committee, consisting of staff from Community Services, reviewed and evaluated the proposals received using criteria outlined in the request for proposal documents. All pre-conditions of award required in accordance with the bid document have been reviewed and approved. The top-ranked proposal submitted by Bouthillette Parizeau Inc. (BPA) in the amount of $188,764.80 (net HST) or $209,615.00 (HST included) is recommended for approval. The total gross project cost is estimated to be $420,640.00 (HST included) and the - 28 - CS 12-25 June 9, 2025 Subject: Consulting Services for Mechanical Improvements at CHDRC Page 2 total net project cost is estimated at $378,799.00 (net of HST rebate). Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority of Advocate for an Inclusive, Welcoming, Safe & Healthy Community. Financial Implications: 1. RFP Amount RFP2025-5 $185,500.00 HST (13%) Total Gross RFP Cost 24,115.00 $209,615.00 2. Estimated Project Costing Summary RFP2025-5 $185,500.00 Testing & Inspection 30,000.00 Permits & Approvals 25,000.00 Costs to date 109,488.00 Contingency (12%) 22,260.00 Total Project Cost $372,248.00 HST (13%) 48,392.00 Total Gross Project Costs $420,640.00 HST Rebate (11.24%) (41,841.00) Total Net Project Cost $378,799.00 3. Approved Source of Funds - Community Centres Capital Budget Approved Code Source of Funds Approved Budget Funds Required C10230.2001 C10230.2001 C10225.2201 CCBF (FGT) Oblg RF Property Tax CCBF (FGT) Oblg RF $450,000.00 155,000.00 225,000.00 $173,799.00 155,000.00 0.00 C10225.2404 CCBF (FGT) Oblg RF 930,000.00 0.00 C10225.2404 Facilities Res, 50,000.00 50,000.00 Total Funds $1,810,000.00 $378,799.00 Project Cost under (over) approved funds by $1,431,201.00 - 29 - CS 12-25 June 9, 2025 Subject: Consulting Services for Mechanical Improvements at CHDRC Page 3 It is recommended that all costs be consolidated under the capital project C10225.2404 (Chiller & Cooling Tower Replacement). The funding from C10225.1905 (Supplemental Heating and Cooling Coils), C10230.2001 (Pool Dehumidification Upgrades) and C10225.2201 (Chilled Water & Condenser Pump Replacements) will be transferred to C10225.2404 and the remaining capital accounts will be closed. The four capital projects referenced above will be tendered as one project. The balance of consolidated funding will be used for construction work, to follow completion of design. Discussion: The purpose of this report is to award Request for Proposal No. RFP2025-5 for Consulting Services for Mechanical Improvements at the CHDRC . Work includes lifecycle replacements for equipment such as the chiller, cooling tower, chilled water and condenser water pumps, and improving dehumidification and ventilation in the pool and whirlpool spaces. Originally constructed in 1982, the CHDRC has had various additions and upgrades throughout the years. Various pieces of equipment are nearing the end of their serviceable life and require replacement. Due to high usage of the CHDRC, prudent and planned replacement of key systems prior to failure is essential to minimize risks of unexpected or critical failure that could otherwise result in loss of services. Main pool and whirlpool areas have also been identified as spaces in need of improved dehumidification and ventilation to help prevent premature deterioration of existing and adjoining materials due to excess heat and moisture buildup. All related systems must likewise be integrated through the City’s Building Automation System (BAS) to ensure holistic building performance, facility user comfort, and to optimize energy management. Costs spent to date represent investigations into individual existing systems and conditions and have clarified that an integrated solution will be necessary to avoid gaps between individual component projects; they must be treated as one project. A specialty consultant is required to comprehensively review existing site conditions, systems and documentation collected to date, meet with City staff and provide a comprehensive design and construction approach. Request for Proposal No. RFP2025-5 was advertised on the City’s bids&tenders portal on March 12, 2025. Five companies responded by the closing date of April 8, 2025. Bouthillette Parizeau Inc. (BPA) was the lowest compliant response with a price of $188,764.80 (net HST) or $209,615.00 (HST included). Proposals were evaluated and ranked based on the consultant’s experience and qualifications, similar projects, the proponent’s project understanding, and their pricing. All pre-conditions of award required in accordance with the bid document have been received, reviewed and approved. The top-ranked proposal submitted by Bouthillette Parizeau Inc. (BPA), in the amount of $188,764.80 (net HST) or $209,615.00 (HST included), is recommended for approval. The total gross project cost is estimated to be $420,640.00 (HST included) and the total net project cost is estimated at $378,799.00 (net of HST rebate). - 30 - CS 12-25 June 9, 2025 Subject: Consulting Services for Mechanical Improvements at CHDRC Page 4 Attachment: None. Prepared By: Approved/Endorsed By: Original Signed By Original Signed By Vince Plouffe, OAA, MRAIC Cathy Bazinet, CPPB, NIGP-CPP Division Head, Facilities Management Manager, Procurement & Construction Original Signed ByOriginal Signed By Dennis Yip, .Eng., PMP®, CEM, LEED® AP Laura Gibbs, MBA, MSc. Manager, Facilities Capital Projects Director, Community Services Original Signed By Stan Karwowski, MBA, CPA, CMA Director, Finance & Treasurer VP:dy Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 31 - Report to Executive Committee Report Number: CS 13-25 Date: June 9, 2025 From: Laura Gibbs Director, Community Services Subject: Beverage Vending Machine Services Provider Request for Quotation No. Q2024-34 File: A-1440-001 Recommendation: 1. That the quotation submitted by Break Time Vending Services, in response to Request for Quotation No. Q2024-34 for Beverage Vending Machine Services Provider, offering c ommission of 54% of sales be accepted; 2. That the Director, Community Services be authorized to execute a Vending Services Agreement with Break Time Vending Services, and 3. That the appropriate City officials be authorized to take the necessary actions as indicated in this report. Executive Summary: The purpose of this report is to seek Council’s approval to execute a Service Agreement with Break Time Vending Services to provide snack vending services throughout City owned facilities. The term of the agreement is to be for a period of one year. The City reserv es the right to extend this contract, on an annual basis, for up to four years, provided that the Company’s performance is satisfactory, and the proposed Consumer Price Index pricing two months prior to the expiry date of the contract for each subsequent year is acceptable to the City. The Purchasing Policy (PUR 010; Section 06.12) requires that revenue generating proposals for services are subject to the approval of Council prior to the Manager awarding the contract. Request for Quotation Q2024-34 was posted to the City’s bids&tenders portal on February 11, 2025 and closed on March 13, 2025. Seven respondents submitted quotations. The Evaluation Committee, consisting of staff from Community Services reviewed and evaluated the responses received using criteria outlined in the bid document. All pre-conditions of award required in accordance with the bid document have been reviewed and approved. The top-ranked response submitted by Break Time Vending Services providing commissions of 54% of sales is recommended for approval. Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority of Strengthen Existing & Build New Partnerships. - 32 - CS 13-25 June 9, 2025 Subject: Beverage Vending Machine Services Provider Page 2 Financial Implications: The revenue to be generated from Break Time Vending Services will include commission of 54% of sales. Based on the average monthly sales of $23,500.00, the estimated annual commission at this rate would be approximately $152,280.00. Discussion: The purpose of this report is to seek Council’s approval to execute a Service Agreement with Break Time Vending Services to provide snack vending services throughout City owned facilities. Vending services are provided at City Hall, Chestnut Hill Developments Recreation Complex, George Ashe Library & Community Centre, East Shore Community Centre, the Operations Centre, and Don Beer Arena. Other City facility locations may be added if there is a future requirement. The City also has the right to add other services such as coffee and fountain drink services to City locations as well. Request for Quotation Q2024-34 was posted to the City’s bids&tenders portal on February 11, 2025 and closed on March 13, 2025. The term of the agreement is to be for a period of one year. The City reserv es the right to extend this contract, on an annual basis, for up to four years, provided that the Company’s performance is satisfactory, and the proposed Consumer Price Index pricing two months prior to the expiry date of the contract for each subsequent year is acceptable to the City. Seven respondents submitted quotations. Break Time Vending Services was the top-ranked respondent offering commission of 54% of sales. Responses were evaluated and ranked based on the respondent’s experience and qualifications, similar or related projects, the respondent’s demonstrated understanding of the project, and their pricing. All pre-conditions of award required in accordance with the bid document have been received, reviewed and approved. Attachment: None Prepared By: Approved/Endorsed By: Original Signed By Original Signed By Lauren Gregory Cathy Bazinet, CPPB, NIGP-CPP Manager, Facilities Maintenance Manager, Procurement Original Signed By Vince Plouffe, OAA Division Head, Facilities Management & Construction - 33 - CS 13-25 June 9, 2025 Subject: Beverage Vending Machine Services Provider Page 3 Approved/Endorsed By: Original Signed By Laura Gibbs, MBA, MSc. Director, Community Services LG :lg Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 34 - Report to Executive Committee Report Number: CS 14-25 Date: June 9, 2025 From: Laura Gibbs Director, Community Services Subject: Whitevale & District Residents’ Association Licence Agreement Renewal File: A-1440-001 Recommendation: 1. That the Mayor and City Clerk be authorized to execute the Licence Agreement for a five year term commencing July 1, 2025 and ending June 30, 2030 with Whitevale & District Residents’ Association for the operation of the Whitevale Arts & Culture Centre and the Whitevale Community Centre including the Mary Christian House, set out in Attachment 1 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; and 2. That the appropriate City officials be authorized to take necessary actions as indicated in this report. Executive Summary: The City of Pickering, through Resolution #350/20 has a five-year Lease Agreement with the Whitevale & District Residents’ Association (WDRA) to operate the Whitevale Arts & Cultur e Centre (WACC) located at 475 Whitevale Rd., which is set to expire on July 31, 2025. Additionally, The City of Pickering, through Resolution #350/20, has a five- year Lease Agreement with the WDRA to operate the Whitevale Community Centre (WCC), located at 405 Whitevale Rd., which is set to expire on June 30, 2025. The WDRA is responsible to manage and operate these municipally owned facilities which includes permitting, security, caretaking, and cleaning, and the delivery of community -based programs, events, and arts and cultural services. Report CS 07-25 regarding Northern Community Halls provided a summary of the condition of the WACC and the WCC. The two properties include three heritage buildings, all of which are identified in the Whitevale Heritage Conservation District. The report recommended a five-year licence agreement renewal based on the active community -based programming currently taking place at both the WCC and WACC . Staff met with the WDRA in person to discuss the licence agreement on January 17, 2025. Following that meeting, the WDRA received a copy of the updated licence agreement. The WDRA Board received input from board members and submitted questions and minor revisions to staff. The minor changes that were requested from the WDRA have been reflected the updated agreement (Attachment 1). WDRA has operated both facilities to the satisfaction of the City. As such, staff recommend the Licence Agreement set out in Attachment 1 of this report be renewed for a five-year term, - 35 - CS 14-25 June 9, 2025 Subject: Whitevale & District Residents’ Association Licence Agreement Renewal Page 2 beginning July 1, 2025 and ending June 30, 2030 for both premises. Since the facilities have been successfully managed by the WDRA, staff are recommending that the two existing licenc e agreements be merged into one Agreement moving forward. The merger of the two licenc e agreements into one new agreement is supported by the WDRA. Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority of Strengthen Existing & Build New Partnerships. Financial Implications: Through the Facility Renewal Study, the City of Pickering has identified that the WCC , comprised of two buildings, has a deferred maintenance of cost of $726,150. The City will undertake a portion of these required repairs during the term of this licence agreement. The WACC is in good condition with deferred maintenance costs of $45,583.00. The City of Pickering’s annual general maintenance and operating costs for both the WACC and the WCC are approximately $29,600.00 which includes: Item: WACC WCC Septic System $ 2,000.00 $ 2,000.00 UV System PM Service $ 1,200.00 $ 1,200.00 Hydro $ 1,500.00 $ 3,000.00 Building Repairs & Maintenance $ 5,000.00 $ 5,000.00 Pest Control Services $ 600.00 $ 600.00 Winter Control $ 2,000.00 $ 4,500.00 ESA Inspection $ 500.00 $ 500.00 Total $ 12,800.00 $ 16,800.00 Total: $ 29,600.00 The WDRA’s Reported Financial Summary Year Revenue Earned Annual Expenses Cash balance, end of year 2021 $ 750.00 $ 4,149.21 $ 23,443.23 2022 $ 3,770.00 $ 7,299.56 $ 16,785.85 2023 $ 7,739.00 $ 9,743.13 $ 13,909,54 2024 $ 11,316.81 $ 11,535.95 $ 13,811.18 All revenues generated from the operation of the WCC and WACC are retained by the WDRA. - 36 - CS 14-25 June 9, 2025 Subject: Whitevale & District Residents’ Association Licence Agreement Renewal Page 3 Discussion: The purpose of this report is to seek approval for the renew al of the Licenc e Agreement with the Whitevale & District Residents’ Association, for use of the WACC (located at 475 Whitevale Road) to operate various arts and cultural community programs and events, and the WCC (located at 405 Whitevale Road) to offer various programs and events in the community for residents of all ages and the Mary Christian House which is used for storage. 1. Use of the WCC and WACC The WCC is actively used by the community and the WDRA organizes and hosts several events annually including: • Hogs and Quiches New Year Levee (January ) • Winter Blah’s Festival (February ) • Spring Festival (May) • Corn Roast in partnership with the Church (September) • Christmas Craft Show (Dec ember) In addition to many successful events, the WDRA also administrates facility rentals that includes Maplevale (local maple syrup production), community forums/meetings, as well as a variety of private functions (birthdays, anniversaries, memorials, bible studies). In 2024, a total of 47 private uses were booked at the Community Centre. The WACC also offers a number of arts-based initiatives throughout the year including: • Easter Egg Hunt (April) • Earth Day clean-up (April) • Changing art and culture exhibitions • Art Shows and Artist Talks (4 times/year) • Poetry Readings (June) • Book Club (spring/f all) • Bird Walks (spring) • Stitching Club (spring/summer) • French Club (summer) • Ukulele program for beginners (summer) • Pumpkin Carving (October) The WDRA promotes their programs and services through the circulation of a newsletter mailed to all Whitevale residents. The WDRA promotes activities and programs through signs and posters that are displayed widely in the community. For larger community events, these are advertised through their local Facebook page and as well on the City of Pickering events calendar. 2. Condition of the WCC and WACC The WCC, located at 405 Whitevale Road is located on a 1.59 hectare community park that contains two heritage structures, the Miller House (c. 1825-35) and the Mary Christian House (c . 1860). The Miller House is the structure that is primarily used for public use and the Mary - 37 - CS 14-25 June 9, 2025 Subject: Whitevale & District Residents’ Association Licence Agreement Renewal Page 4 Christian House is used for storage. There are some significant structural, building repairs, and facility upgrades that have been identified for the Community Centre buildings. Through the Facility Renewal Study, the City of Pickering has identified that the WCC has a deferred maintenance of cost of $726,150. The City will undertake a portion of these required repairs during the term of this licence agreement. The City has completed repairs to the WACC over the past two years and the building is currently in good condition. 3. Changes made to the Licence Agreement The City has merged the two former licence agreements for each facility into one combined licence agreement. The language used throughout the agreement was updated to be consistent with the City’s active licence agreements, or to provide clarity in language used. The following notable changes and updates have been made to the agreement: i. The term of the agreement was updated to a five-year term, beginning July 1, 2025 and ending June 30, 2030. ii. Premises has been updated to clarify that this licence agreement refers the entire facility known as WCC, located at 405 Whitevale Road, including the Miller House and the Mary Christian House, and the facility known as the WACC located at 475 Whitevale Road. iii. Grant, Section 8, has been updated to a non-exclusive licence agreement for use of the premises. iv. Association’s Use of Premises, Section 9, has been updated to include that the Association shall host at least one Community Event plus four to six Community Programs annually. v. Association’s Use of Premises, Section 10, has been removed and covered in Section 3. vi. Term, Section 20; the notice period to terminate this agreement by either party has been reduced from six to three months. vii. Overholding, Section 24, has been removed. Overholding extends the licence agreement on a month-to-month basis if it is not extended through a new agreement. The removal of this clause allows staff to assess the use of the facilities along with the condition of the facilities near the end of the term to make a recommendation to Council for ongoing or future use of the facilities. viii. Alterations, Section 33, has been updated to clarify that any alterations or additions made to the Premises shall be at the sole cost and expense of the WDRA and shall be added to the City’s inventory of fixtures, and shall form part of the City’s property. Any alteration or addition must receive prior written consent from the Director, Community Services. The City remains responsible for all inspections, prev entative maintenance, - 38 - CS 14-25 June 9, 2025 Subject: Whitevale & District Residents’ Association Licence Agreement Renewal Page 5 and replacement at its sole discretion, as outlined in Maintenance of Premises, Section 29. ix.Insurance, Section 34 (b), required commercial general liability insurance has been increased from $2 million to $5 million, as is standard in current licence agreements. x.Insurance Risks, Section 38, was added to the licence agreement. The Association shall not do anything that is not permitted by the City’s insurance policy, or which would prevent the City from procuring a policy with companies acceptable to the City. If the conduct of the Association results in an increase in premiums for the City’s insurance policies, the Association shall pay such increase to the City. xi.R ight of Entry, Section 48, was deleted and updated in Section 41. Section 48 was deleted as the City reserves the right to enter the premises at any time for any reason without notice. xii.The municipal alcohol policy was replaced in the appendix with the most recent version. A five-year licence agreement is recommended to permit the WDRA to continue to operate the WCC and the WACC. Attachments: 1.Whitevale & District Residents’ Association Licence Agreement, with track changes 2.Whitevale & District Residents' Association Licence Agreement, final version Prepared By: Approved/Endorsed By: Original Signed By Original Signed By Marilou Murray Laura Gibbs, MBA, MSc. Manager, Community Services Administration & Director, Community Services Strategic Initiatives Original Signed By Kim Bradley Special Advisor, Community Initiatives LG :kb - 39 - CS 14-25 June 9, 2025 Subject: Whitevale & District Residents’ Association Licence Agreement Renewal Page 6 Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 40 - Lease Licence Agreement This Lease Licence Agreement is made as of the 1st day of July, 20250. Between: The Corporation of the City of Pickering (the "City") - and - Whitevale & District Residents’ Association (the "Association") Article I Interpretation Definitions 1.In this AgreementLease, (a)"Commencement Date" means July 1, 20250; (b)"Lease" means this lease as it may be amended from time to time; (c)(b) "Premises" means the entire facility known as Whitevale Community Centre including the Mary Christian House, located at 405 Whitevale Rd, Whitevale, ON L1X0H 1M00J9, excluding the parking lot, playing field and children’s play area bounded by Whitevale Rd. north, park driveway to the west, parking lot to the south and park perimeter bordering the river to the east, and the entire facility known as the Whitevale Arts & Culture Centre located at 475 Whitevale Rd., Whitevale ON L1X 0J0 in the City of Pickering, Regional Municipality of Durham; (d)(c) "Licence FeeRent" means the rent fee(s)payable pursuant to Section 234; and (e)(d) "Term" means the term of this Lease Licence Agreement as set out in Section 189. Attachment 1 to Report CS 14-25 - 41 - 2 Headings 2. The division of this Lease Agreement into articles, sections, subsections and schedules and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this LeaseAgreement. Schedule 3. Schedule “A” (City’s Municipal Alcohol Management Policy) and Schedule “B” (City’s Conditions of Agreement) are incorporated into and form part of this LeaseAgreement. Severability 4. All of the provisions of this Lease Agreement are to be construed as covenants even where not expressed as such. If any such provision is held to be or rendered invalid, unenforceable or illegal, then it shall be considered separate and severable from the rest of this Lease Agreement and the remaining provisions of this Lease Agreement shall remain in force. Number 5. Wherever a word importing the singular number only is used in this LeaseAgreement, such word shall include the plural. Words importing either gender or firms or corporations shall include the other gender and individuals, firms or corporation where the context so requires. Governing Law 6. This Lease Agreement shall be governed by, and interpreted and enforced in accordance with, the laws in force in the Province of Ontario. and the laws of Canada applicable therein. Entire Agreement 7. This Lease Agreement constitutes the entire Aagreement between the parties concerning the Premises and may only be amended or supplemented by an agreement in writing signed by both parties. - 42 - 3 Article II Grant and Use Grant 8. In consideration of the performance by the Association of its obligations under this LeaseAgreement, the City leases the Premisesis granting a non-exclusive licence to the Association for its use during the Termto use the Premises for the purposes described herein. Association’s Use of Premises 9. The Premises shall be used only for functions by not-for-profit organizations, other organizations pre-approved in writing by the City, charity events, non- commercial receptions and for no other purpose without the prior written consent of the City which consent may be arbitrarily withheld. The premises shall not be used for the delivery of programs, services, activities, or events which are directly or indirectly in competition with those offered by the City of Pickering. 9. The Association shall host at least one “Community Event” and at least four “Community Programs” annually. 10. Pursuant to Section 9, the Premises shall not be used for the delivery of programs, services, activities or events which are in direct competition with those offered by the City of Pickering. 11. The Association’s use of the Premises shall be in accordance with the City’s Alcohol Management Policy (Schedule “A”) and Conditions of Agreement (Schedule “B”). 12.10.The Association is only permitted to use the Premises when the Premises is open to the public. The Association is required to use the Premises within the same operating hours as the Premises’ operating schedules, which schedules shall be determined solelyapproved by the City from time to time. The City reserves the right, in its sole discretion, to alter the operating schedules and the City will not be responsible for any losses or damages including any lost revenues and/or expenses incurred by the Association due to operating schedule changes and/or Premises closures, for any reason whatsoever. Nuisance 13.11.The Association shall not carry on any activities or do or suffer any act or thing that constitutes a nuisance, or which is offensive or an annoyance to the City. Formatted: Indent: Left: 0.3", No bullets or numbering Formatted: Indent: Left: -0.5" - 43 - 4 City Use of Premises Takes Priority 14.12.The City shall always have the first right to use the Premises for its own purposes as required and, in such instances, shall give the Association reasonable notice of its intention to use the premises to minimize any scheduling conflicts. The City’s needs shall take priority. of refusal to use the Premises. The Association shall not be entitled to any rental fees or other remuneration associated with the use of the Premises by the City. The City shall ensure the premises are cleaned after such use should it occur. The City shall provide cleaning services to the common areas of the Community Centre at 405 Whitevale Road once per week exclusively when City of Pickering Camps operate on the premises. The common areas apply to the main hall and the washroom facilities located on the first / main floor. Assignment and Subletting 15.13. TSubject to Section 15, the Association shall not assign this Lease assign this Licence or sublet all or any portion of the Premises without the prior written consent of the City, which consent may be arbitrarily withheld. Licences 16.14.The Association may grant licences permits to licensees other third parties to use the premises if approved in writing by the City to use the Premises and provided that, (a)the term of the licence permit does not exceed one (1) month;. (b) the licensee permit holder agrees to comply with Sections 9, andand 10, of this LeaseAgreement; and (c) the Association agrees that it shall only charge such Permit Ffees for the rental of the Premises at the rate that is approved by the City from time to time. The City and the Association shall establish the approved Permit Frental fee rate yearly throughout the Term. 17.15.The Association shall retain 100% of all licence permit fees recovered for the use of the Premises. 18.16.The Association shall submit a written report to the City every four months documenting the source and amount of all licence permit ffees received by the Association for the Premises. 19.17.The Association shall submit their annual financial statement to the City by February 15th of each year of the Term. - 44 - 5 Article III Term Term 20.18.The term of this Lease Licence Agreement shall be five (5) years commencing on the Commencement Date and expiring on June 30, 203025. 21.19.Notwithstanding anything else contained herein, this Lease Agreement may be terminated by either party for any reason upon six three month’s noticemonths’ notice to the other in writing. 22.20.Upon the expiry or earlier termination of this LeaseAgreement, the Association shall surrender to the City possession of the Premises and all the rights of the Association under this Lease Agreement shall terminate (but the Association shall, notwithstanding such expiry or termination, as the case may be, be liable to the City for any loss or damage suffered by the City by reason of any default of the Association of its obligations hereunder). 23.21.If the City shall declare this Lease to beterminates this Agreement terminated pursuant to Section 1921, the CitycCity will not be liable to the Association for any damage or loss occasioned thereby. Overholding 24. If the Association remains in possession of the Premises after the expiry of the Term, there shall be no tacit renewal of this Lease or the Term, notwithstanding statutory provisions or legal presumption to the contrary, and the Association shall be deemed to be occupying the Premises from month to month upon the same terms, covenants and conditions as are set forth in this Lease insofar as they are applicable to a monthly tenancy. Article IV RentLicence Fee Rent 25.22.The Association shall pay to the City as rent a Licence Fee for the entire Term in lawful money of Canada the sum of One (1) Dollar ($1.00). Gross Lease 26. The City acknowledges that this is a gross lease and agrees to pay all charges, impositions and outlays of every nature and kind relating to the Premises except as expressly set out in this Lease. Formatted: Normal, Keep with next, Tab stops: 3.25", Centered - 45 - 6 Article V Maintenance, Repairs and Alterations Maintenance of Premises 27.23.Subject to the obligations of the City pursuant to Sections 2932 and 3031, the Association shall maintain and operate the Premises so the Premises shall always be of good appearance and in a condition suitable for the proper operation of the Premises. 28.24.The Association shall provide general maintenance services (cleaning, minor/cosmetic upgrades/supplies, outside gardens/flower beds, etc.) to the Premises at its expense and shall provide all necessary cleaning and maintenance supplies such as cleaning products, related paper products and cleaning equipment. 29.25.In accordance with the Occupational Health and Safety Act and the WHMIS Regulation R.R.O. 1990, Reg 860, as amended by O. Reg 36/93, or its successors, the Association shall be responsible to maintainfor maintaining a binder containing safety data sheets for all hazardous products stored or used on the Premises. The said binder must be kept current at all timesalways kept current and available for reference by users of said products. 30.26.The Association shall be responsible to providefor providing the City with: (a) WHMIS training certification of individuals working with cleaning products and/or hazardous materials on the Premises and of Association members working alone or overseeing any maintenance tasks performed on the Premises; and (b) Completed Ministry of Labour Health & Safety Awareness Training for Supervisors for those same individuals. 31.27.The Association shall be responsible for all day-to-day operating expenses, including, but not limited to, garbage removal from the facility. The Association shall not be responsible for utilities. 32.28.28. The City shall provide snow removal services for the driveway and parking lot at 405 Whitevale Rd. and the forecourt area at 475 Whitevale Rd.. The Association shall be responsible for snow removal on all sidewalks, walkways and all other areas of pedestrian passage on the Premises.The City shall provide cleaning services to the common areas of the Community Centre once per week exclusively when City of Pickering Camps operate on the premises. The common areas apply to the main hall and the washroom facility located on the first floor. Formatted: Indent: Left: 1", Tab stops: -1", Left Formatted: Indent: Left: -0.7", Hanging: 0.5" - 46 - 7 29. (1) Subject to subsection (2), the City shall be responsible for all inspections, preventative maintenance, and replacement at its sole discretion, with respect to: (a) (b) (c) (d) (e) (f) (g) (h) (i) HVAC equipment.; electrical systems (including lighting).; water supply, treatment and septic systems.; plumbing system and fixturess.; roofs.; exterior cladding.; doors and hardware.; parking lots; and lawn care, landscaping and pest control. (2) The Association shall be responsible for any damages or costs incurred due to the misuse or negligence of the Association, its employees, invitees, servants, agents, or others under its control and the Association shall pay to the City on demand the expense of any repairs including the City’s reasonable administration charge necessitated by such negligence or misuse. 33.30. The Association shall immediately notify the City of any damage or unsafe conditions on the Premises. Security 34. 31. The Association shall be responsible for the security of the Premises. The Association will ensure that no copies of the keys to the Premises are made or given to third parties (even temporarily) without the prior written consent of the City. Only Association representatives that have signed for keys with the City or parties granted written consent by the City,City will be authorized to be in the possession of keys to the Premises. Formatted: Indent: Left: 0", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 30 + Alignment: Left +Aligned at: 0.25" + Tab after: 0.75" + Indent at: 0.75", Tab stops: Not at 0.75" Formatted: English (United Kingdom) Formatted: Indent: Left: 0", Hanging: 0.5", No bullets or numbering, Tab stops: 0.5", Left + Not at 1" 32. Any keys provided to the Association, or its licensees, must be returned to the City immediately upon request. 35. Alterations/Improvements to Premises 36. 33. The Association shall not make any alterations or additions to the Premises without prior written consent of the City’s Director, Community Services. Any such pre-approved alterations, additions or fixtures shall be at the sole cost and expense of the Association and shall be added to the City’s inventory of fixtures and shall form part of the City’s property. The Association acknowledges that it has no claim to any such alteration, addition, or fixture upon termination of this Agreement.only be permitted to make alterations and improvements to the Premises that have been approved by the City. Formatted: Indent: Left: 0", Hanging: 0.5", Tab stops: 0.5", Left + Not at 0.1" Formatted: No bullets or numbering Formatted: Indent: Left: 0", Hanging: 0.5", No bullets or numbering - 47 - 8 Article VI Insurance and Indemnity Association's Insurance 37. 34. The Association, at its sole cost and expense, shall take out and keep in full force and effect throughout the Term, (a) insurance upon property owned by it which is located on the Premises; and (b) commercial general liability insurance pertaining to the Association’s liability to others in respect of injury, death or damage to property occurring upon, in or about the Premises, such insurance to be of an amount not less than two five million dollars ($52,000,000.00) for claims arising out of oneper occurrence. Such policy shall also name the City as an additional named insured and may not be cancelled unless prior notice by registered letter has been given to the City by the insurer 30 days in advance of the expiry date. Formatted: Indent: Left: 0", Hanging: 0.5", No bullets or numbering 38. 35. Prior to the Commencement Date, the Association shall file with the City a Certificate of Insurance in a form satisfactory to the City Treasurer, verifying that the commercial general liability insurance policy is in effect and setting out the essential terms and conditions of the insurance. 39. 36. The provision of the insurance policy required by this Section shall not relieve the Association from liability for claims not covered by the policy or which exceed its limits, if any, for which the Association may be held responsible. 40. 37. The Association is responsible for insuring all ofall their equipment, Formatted: Indent: Left: 0", Hanging: 0.5", No bullets or numbering Formatted: Indent: Left: 0", Hanging: 0.5", No bullets or numbering Formatted: Indent: Left: 0", Hanging: 0.5", No bullets or numberingcontents, and leasehold improvements, including all contents, artifacts and artwork that is owned by any other party that is on display at the Premises or within the Association’s possession. Insurance Risks 38. The Association shall not do, omit to do, or permit to be done or omitted to be done upon the Premises anything that may contravene or be prohibited by any of the City's insurance policies in force from time to time covering or relevant to any part of the Premises or which would prevent the City from procuring its policies with companies acceptable to the City. If the conduct of business in the Premises or any acts or omissions of the Association on the Premises causes or results in any increase in premiums for any of the City's insurance policies, the Association shall pay such increase to the City. Formatted: Indent: Left: 0", Hanging: 0.5", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 38 + Alignment: Left + Aligned at: 2.25" + Indent at: 2.5" - 48 - 9 41. Limitation of City's Liability 42.39. The City shall not be liable for any bodily injury or death of any person, or loss or Formatted: Indent: Left: 0", Hanging: 0.5", Numbered + Formatted: No bullets or numbering damage to any property belonging to the Association or its employees, invitees or licensees or its guests, or to any other person in, on or about the Premises, unless caused by the wilful misconduct or gross negligence of the City or those for whom the City is at law responsible. Indemnification 43.40. The Association shall indemnify and save harmless the City, its directors, officers, employees, elected officials, agents, contractors and representatives from and against any and all actions, losses, damages, claims, costs and expenses (including, without limiting the generality of the foregoing, all claims for personal injury, death and/or property damage) and also damages arising from any breach of this Lease Agreement by the Association or from any act or omission of the Association or those for whom the Association is at law responsible in or around the Premises arising from the Association’s use and occupation of the Premises pursuant to this LeaseAgreement. The City shall not be liable for any loss or damage to any property belonging to the Association or to any other persons or for any injury to any person while such person or property is on the Premises, unless such loss, damage or injury is caused directly by the wilful misconduct or negligence of the City, or those for whom the City is at law responsible. This provision shall survive the expiration or earlier termination of this LeaseAgreement. Article VII Remedies on Default City's Right to Re-Enter 41. The City reserves the right to re-enter the Premises at any time for any reason Formatted: Indent: Left: 0", Hanging: 0.5", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 38 + without notice. The City will provide reasonable notice if it deems it practical to do Alignment: Left + Aligned at: 2.25" + Indent at: 2.5"so based on its sole discretion. 44. If any amount payable to the City under this Lease shall remain unpaid for fifteen (15) days after the Association has received notice thereof, then it shall be lawful for the City at any time thereafter to re-enter the Premises. Formatted: Indent: Left: 0.5", No bullets or numbering City's Right to Remedy Default 45.42.In addition to all other remedies the City may have under this AgreementLease Formatted: Indent: Left: 0", Hanging: 0.5", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 38 + and in law, if the Association is in default of any of its obligations under this Alignment: Left + Aligned at: 2.25" + Indent at: 2.5"LeaseAgreement, and such default has continued for a period of ten (10) days after receipt of notice by the Association (or such longer period as may be Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 38 + Alignment: Left + Aligned at: 2.25" + Indent at: 2.5" Formatted: Indent: Left: 0", Hanging: 0.5", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 38 + Alignment: Left + Aligned at: 2.25" + Indent at: 2.5" - 49 - 10 reasonably required in the circumstances to cure such default, except in an emergency where the City will not be required to give notice), the City, without prejudice to any other rights which it may have with respect to such default, may remedy such default and the Association shall be responsible for all such reasonable costs. Waiver 46.43.No condoning, excusing or overlooking by the City of any default, breach or non-observance by the Association at any time or times in respect of any covenant, obligation or agreement under this Lease Agreement shall operate as a waiver of the City’s rights hereunder in respect of any continuing or subsequent default, breach or non-observance, or so as to defeat or affect in any way the rights of the City in respect of any such continuing or subsequent default or breach, and no waiver shall be inferred from or implied by anything done or omitted by the Association save only an express waiver in writing. Article VIII Miscellaneous Quiet Enjoyment 47.The City shall permit the Association to peaceably possess and enjoy the Premises during the Term without any interference from the City, or any person lawfully claiming by, from or under the City provided the Association is not in default. Right of Entry 48.The Association agrees to permit the City and authorized representatives of the City to enter the Premises at any time for the purpose of inspecting the Premises. The City shall use its best efforts to minimize the disruption to the Association's use of the Premises during any such entry. Signs 49.44.The Association may only erect signs on the Premises with the City’s prior written approval. All such signs shall be removed from the Premises at the end of the Term. Formatted: Indent: Left: 0", Hanging: 0.5", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 38 + Alignment: Left + Aligned at: 2.25" + Indent at: 2.5" Formatted: Indent: Left: 0.25", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 38 + Alignment: Left +Aligned at: 2.25" + Indent at: 2.5" Formatted: Indent: Left: 0.25", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 38 + Alignment: Left +Aligned at: 2.25" + Indent at: 2.5" Formatted: Indent: Left: 0", Hanging: 0.5", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 38 + Alignment: Left + Aligned at: 2.25" + Indent at: 2.5" - 50 - 11 Compliance with Laws 50.45. The Association, at its sole cost and expense, shall comply with all legal Formatted: Indent: Left: 0", Hanging: 0.5", Numbered + requirements (including statutes, laws, by-laws, regulations, ordinances, orders, rules and regulations of every governmental authority having jurisdiction) that relate to the use of the Premises by the Association or the making of any improvements to the Premises by the Association. Notice 51.46. Any notice required to be given by the City to the Association under this Lease Agreement shall be in writing and shall be delivered to the Premises or such other address of which the Association has notified the City in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this LeaseAgreement. 52.47. Any notice required to be given by the Association to the City under this Lease Agreement shall be in writing and shall be delivered to The Corporation of the City of Pickering, Pickering Civic Complex, One The Esplanade, Pickering, Ontario, L1V 6K7 (Attention: City Clerk) or such other address of which the City has notified the Association in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this LeaseAgreement. Successors and Assigns 53.48.This Lease Agreement shall enure to the benefit of and be binding upon the Formatted: Indent: Left: 0", Hanging: 0.5", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 38 + parties and their respective successors (including any successor by reason of Alignment: Left + Aligned at: 2.25" + Indent at: 2.5"amalgamation or statutory arrangement) and permitted assigns. Title 54.49. The Association hereby agrees to keep title to the Premises, including every part Formatted: Indent: Left: 0", Hanging: 0.5", Numbered + thereof, free and clear of any lien, encumbrance or security interest or notice thereof. The Association shall not enter into any agreements for the Premises which would run with the Premises and become an obligation of the City upon termination or expiration of this LeaseAgreement. Force Majeure 55.50. The City shall not be liable for any damages caused by any delay or failure to perform the whole or any part of this LeaseAgreement, where such performance is made impossible or impractical due to any cause direct or indirect, beyond the control of the City, including, but not limited to, labour disruptions, strikes, lockouts, fire, flood, storms, acts of nature, natural disasters, acts of war, insurrection and terrorism, outbreak, pandemic, epidemic, disease or emergency. Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 38 + Alignment: Left + Aligned at: 2.25" + Indent at: 2.5" Formatted: Indent: Left: 0", Hanging: 0.5", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 38 + Alignment: Left + Aligned at: 2.25" + Indent at: 2.5" Formatted: Indent: Left: 0", Hanging: 0.5", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 38 + Alignment: Left + Aligned at: 2.25" + Indent at: 2.5" Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 38 + Alignment: Left + Aligned at: 2.25" + Indent at: 2.5" Formatted: Indent: Left: 0", Hanging: 0.5", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 38 + Alignment: Left + Aligned at: 2.25" + Indent at: 2.5" - 51 - _____________________________________ 12 Registration 51.The Association shall not have the right to register this Lease Agreement or notice thereof against title to the Premises or any part thereof. In Witness Whereof the parties have executed this Lease as of the date first written above. The Corporation of the City of Pickering _____________________________________ Kevin Ashe, Deputy Mayor _____________________________________ Susan Cassel, City Clerk Whitevale & District Residents’ Association Nicole BrewsterMary Evans, PresidentCo-chair Formatted: Indent: First line: 0" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 38 + Alignment: Left + Aligned at: 2.25" + Indent at: 2.5" - 52 - _____________________________________ 13 I have authority to bind the CorporationAssociation and am also signing in my personal capacity. Sally Campbell, Co-chair I have authority to bind the Association and am also signing in my personal capacity. Formatted: Indent: Left: 3", First line: 0" - 53 - Schedule “A” City’s Alcohol Management Policy City’s Municipal Alcohol Policy The Corporation of the City of Pickering Community Services Department September 28, 2004 Formatted: Left, Indent: First line: 0" Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial Purpose: The purpose of this policy is to endeavour to ensure the appropriate management of the use and consumption of alcoholic beverages in municipally owned facilities; to avoid related problems and to ensure the safety and well-being of all participants and to protect the Corporation, its’ employees and volunteers. 1. Definitions Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial In this Policy, the term, (a) “Licensed function” means a function for which a permit has been issued by, or is otherwise licensed by, the Liquor License Board of Ontario at which alcoholic beverages may be consumed. (b) “Closed private licensed function” means a licensed function determined by the Director, Community Services to be closed to the public and of a private nature. (c) “Designated facility” means a city owned building, park, open space, and associated parking lot designated by this policy as suitable for an indoor or outdoor licensed function. (d) “User” means a person, group, or association to whom the city has granted permission to use a designated facility for a licensed function. (e) “Director” means the City’s Director of the Community Services Department or designated. 2. Designated Facilities Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial (1) The following are designated facilities for indoor licensed functions: a. Brougham Community Centre b. Dr. Nelson F. Tomlinson Community Centre (Claremont CC) - 54 - c. Don Beer Sports Facility Community Centre d. East Shore Community Centre e. Front Street Community Centre f. Green River Community Centre g. Greenwood Community Centre h. Mount Zion Community Centre i. Pickering Civic Complex j. Chestnut Hill Developments Recreation Complex (Pickering Recre Complex) k. Seniors Activity Centre l. West Shore Community Centre m. Whitevale Community Centre n. Whitevale Arts & Cultural Centre o. George Ashe Library & Community Centre (Petticoat Creek CC) p. Pickering Museum Village 2) The following are designated facilities for outdoor licensed functions: a. Claremont Community Park b. Dunmoore Park c. Kinsmen Park d. Alex Robertson Park e. Pickering Museum Village Alcohol Restrictions within designated facilities: All designated facilities defined in this policy shall be deemed a “public plac as such, in accordance with Section 31 of the Liquor License Act, R.S.O. 1 19, no person shall have or consume or sell liquor in any designated facilit a license or permit is issued or unless specifically covered by an L.L.B.O. p Safe Transportation: ation ( Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial 3. Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial e” and 990 c.L y unless ermit. 4. Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial (1) Only those users implementing a safe transportation strategy (i.e. designated driver program, an alternate home transportation option) to prevent intoxicated participants from driving will be permitted to use designated facilities for a licensed function. - 55 - Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial (2) The Director may require a potential user to demonstrate that such a strategy will be implemented by the user if written permission to use the designated facility for a licensed function is granted. 5. No Alcohol and Low Alcohol Drinks (1) Only users offering a sufficient quantity of no alcohol and low alcohol drinks will be permitted to use designated facilities for licensed functions. Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial (2) The Director may require a potential user to demonstrate that such a strategy will be implemented by the user if written permission to use the designated facility for a licensed function is granted. 6. “Statement of Intoxication” Sign Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial (1) User of designated facilities for licensed functions shall display prominently in the facility a sign or signs indicating that it is illegal to serve participants to a state of intoxication. Such signs shall read as follows: City of Pickering – Community Services Department Statement of Intoxication It is contrary to the Liquor License Act of Ontario to serve persons to intoxication. For this reason, servers in this facility are required to obey the law and not serve anyone to intoxication. Should you wish a no alcohol or low alcohol “breather” round, request a soft drink, coffee, or small than usual portion of alcohol. Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial (2) Signs shall be provided by the City to users for display by them in designated facility during licensed function. 7. Participant Control (1) Only users providing sufficient controls to prevent underage intoxicated or rowdy persons from entering the designated facility, to refuse service to such person, and to remove such persons from the designated facility will be permitted to use designated facilities for licensed functions. Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial (2) Such controls shall include the following: a. Having a supervisor in charge of the licensed function present in the designated facility at all times during the function, - 56 - b. Having at least two monitors at each entrance to the licensed function at all times during the function, c. Accepting only an age of majority card, a photo driver’s license or a passport as identification for entry, d. Having a monitor or monitors (other than entrance monitor) in the designated facility at all times during the function at least one monitor for every 200 participants, e. Using monitors and servers who are 19 years of age or older, f. Using monitors and servers who do not consume alcohol during the function, g. Providing a list of names of supervisors, monitors and servers to the Director prior to the function. Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial (3) The Director may require a potential user to demonstrate that such controls will be imposed by the user if written permission to use the designated facility for a licensed function is granted. (4) Closed private licensed functions are exempt from this section of the policy; however, users of designated facilities for closed private licensed functions shall be encouraged to impose voluntarily the controls set out above since they are not exempt from responsibility for compliance with the law and for the sobriet (5) and safety of participants. 8.Supervisor, Monitor, and Server Training Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial (1) Only users providing sufficient numbers of supervisors, monitors and servers that have attended an appropriate training course in server intervention will be permitted to use designated facilities for licensed functions. (2) Such training should utilize the Addiction Research Foundation course material, and may be provided, at a reasonable cost, through the Director, Community Services (3) The Director may require a potential user to demonstrate that sufficient numbers of supervisors, monitors and servers that have attended such a course will be provided by the user if written permission to use the designated facility for a licensed function is granted. (4) Closed private licensed functions are exempt from this section of the policy; however, users of designated facilities for closed private licensed functions shall be encouraged to provide voluntarily properly trained supervisors, monitors and servers since such users are not exempt from responsibility for compliance with the law and for the sobriety and safety of participants - 57 - 9. Insurance Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial (1) Only users having a minimum of $1,000,000 third party general liability insurance coverage, naming the Corporation of the City of Pickering as an additional insured, will be permitted to use designated facilities for licensed functions. (2) The Director may require a potential user to demonstrate that such insurance coverage is in place before written permission to use the designated facility for a licensed function is granted. 10. Accountability Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial (1) Users of designated facilities for licensed functions shall display prominently in the facility a sign or signs informing participants of the following: a. The name, address and telephone number of the user b. The name, address and telephone number of the representative of the user responsible for the function, c. The address and telephone number of the nearest police station, d. The address and telephone number of the of the Liquor License Boar of Ontario, e. The address and telephone number of the Director, Community Services Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial (2) A user that contravenes any city policy or procedure or any application law may be refused permission to use designated facilities for licensed functions, at the Directors direction; a. Indefinitely, or b. Until the user can demonstrate to the Director satisfaction that further contravention shall now occur. 11. Promoting the Policy: Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial The Director, Community Services, shall design and implement, in consultation with the Addition Research Foundation, a strategy to orient all potential users to the requirements of this policy and to promote this policy to the community at large. [to be inserted] - 58 - Schedule “B” Conditions of Agreement 1) The City reserves the right to cancel any permit temporarily or permanently, should accommodation be required for special events, or in an emergency. 2) 50% of payment is due at time of booking. This is a non-refundable deposit. The remaining 50% is due in full, 90 days prior to the permit date of the event. 3) Applicants must be members of authority in the organization seeking accommodation. Permit holders must be on site for the duration of the rental. 4) The facility is to be used only on the date(s) and time(s) specified, and only for the purpose named. No teen dances/parties, stags or stagettes are permitted in our halls. This permit is not transferrable. 5) The City will not be responsible for personal injury or damage or for the loss or theft of clothing or equipment of the applicants, or anyone attending on the invitation of the applicant or any persons contracted by the applicant. 6) The applicant shall be responsible for the conduct and supervision of all persons admitted to the building(s) and grounds and shall see that all requlations contained herein are strictly observed. 7) Unnecessary noise which disturbs the peace, quiet, or comfort of any person in any type of residence, place of business, etc., in proximity to the facility shall not be permitted. 8) The exits must be kept free from obstruction in case of fire. a) The applicant must pay all damages arising from the use of the property. b) A damage/security deposit will be charged for all rentals, to be refunded at a later date, if no damage, excessive maintenance costs are incurred as a result of the facility rental. c) The applicant must pay such fees for extra work by custodians, etc., as the City may determine. 9) Games of chance, lottery, or gambling in any forms, contrary to law is strictly forbidden. 10) It shall be the responsibility of the applicant to see that all persons admitted to the function being held, have vacated the premises promptly by 2:00 am. 11) If liquor of any type is to be served, sold or available at the function, the applicant must obtain all necessary permits and licenses and must adhere to the City of Pickering ‘Alcohol Management Policy”. A copy of the liquor license must be posted on the wall during the function. - 59 - 12) The City of Pickering requires every event have a minimum of $2,000,000 third party liability insurance coverage. This insurance must be purchased as part of the rental process. 13) For all special occasion permits, only monitors and servers that possess a server intervention program certificate will be permitted to use the designated facility. Information is available at www.smartserve.org. 14) The licensor reserves the right to provide security personnel or Pay-Duty Police at the expense of the licensee, should the Manager, Facility Programs and Administration deem it necessary. 15) Hall cancellations are subject to a $40.00 administration fee. 16) All cancellation must be received in writing ninety days prior to the function, or the entire rental fee will be forfeited. 17) All rental rates are subject to increase. Post-date cheques will not be accepted. 18) This contract is not valid unless it is signed and dated by the person renting the facility and returned as soon as possible to the Facility Booking Clerk. 19) Recreation Complex Staff will set-up the tables and chairs ‘provided’ a diagram of the layout is submitted one week preceding the function. You may obtain the diagrams at the Complex Information Desk. Any materials/articles dropped off prior to the function, or left after the function, must have prior approval from the Maintenance Department or designate. 20) If Complex Banquet Halls are rented, please use the outside entrance to Banquet Hall, do not use main Complex doors. Personal information contained on this form is collected pursuant to the Municipal Freedom of Information and Protection of Privacy Act and will be used for the purpose of administering facility rentals. Questions about this collection should be directed to the City Clerk, One the Esplanade, Pickering, ON L2V 6K7, 905.420.4611. HST applies to this Rental – Registration No. 108078593 City’s Conditions of Agreement [to be inserted] - 60 - Facility Rules and Regulations Failure to comply with the below will result in loss of damage deposits. A. All Facilities  No confetti/rice is permitted in City facilities, parking lots, or grounds.  Facilities must be vacated by 2:00 am, ensuring that all decorations and function supplies have been removed.  Smoking any type of tobacco product is not permitted in any City facility. All city facilities are designated non-smoking (Durham Region By-Law No. 66-2002).  The City of Pickering cannot supply ladders or lift equipment to any permit holder. If this service is required, it must be arranged with and approved by the City of Pickering one week prior to the event.  Caterers, bartenders, disc jockeys, entertainers, liquor licences, etc. are the renter’s responsibility.  Liquor Licence must always be visible on the bar wall during the function, and while alcohol is on the premises.  Unnecessary noise which disturbs the peace, quiet, or comfort of any person in any type of residence, place of business, etc. in proximity to the facility is not permitted.  Decorating is the sole responsibility of the renter. Staples, tape, nails, glue, etc. are not permitted. Helium balloons are permitted, provided they are securely anchored and removed following the event.  As per liquor regulations, all bars must close at 1:00 am sharp.  Set up times for your event is as per your permit. Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Left - 61 - Licence Agreement This Licence Agreement is made as of the 1st day of July, 2025. Between: The Corporation of the City of Pickering (the "City") -and - Whitevale & District Residents’ Association (the "Association") Article I Interpretation Definitions 1.In this Agreement, (a)"Commencement Date" means July 1, 2025; (b)"Premises" means the entire facility known as Whitevale Community Centre including the Mary Christian House, located at 405 Whitevale Rd, Whitevale, ON L1X 0J9, excluding the parking lot, playing field and children’s play area bounded by Whitevale Rd. north, park driveway to the west, parking lot to the south and park perimeter bordering the river to the east, and the entire facility known as the Whitevale Arts & Culture Centre located at 475 Whitevale Rd., Whitevale ON L1X 0J0 in the City of Pickering, Regional Municipality of Durham; (c)"Licence Fee" means the fee(s) payable pursuant to Section 23; and (d)"Term" means the term of this Licence Agreement as set out in Section 18. Headings 2.The division of this Agreement into articles, sections, subsections and schedules and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. Attachment 2 to Report CS 16-25 - 62 - Schedule 3. Schedule “A” (City’s Municipal Alcohol Policy) and Schedule “B” (City’s Conditions of Agreement) are incorporated into and form part of this Agreement. Severability 4. All of the provisions of this Agreement are to be construed as covenants even where not expressed as such. If any such provision is held to be or rendered invalid, unenforceable or illegal, then it shall be considered separate and severable from the rest of this Agreement and the remaining provisions of this Agreement shall remain in force. Number 5. Wherever a word importing the singular number only is used in this Agreement, such word shall include the plural. Words importing either gender or firms or corporations shall include the other gender and individuals, firms or corporation where the context so requires. Governing Law 6. This Agreement shall be governed by, and interpreted and enforced in accordance with, the laws in force in the Province of Ontario. Entire Agreement 7. This Agreement constitutes the entire Agreement between the parties concerning the Premises and may only be amended or supplemented by an agreement in writing signed by both parties. Article II Grant and Use Grant 8. In consideration of the performance by the Association of its obligations under this Agreement, the City is granting a non-exclusive licence to the Association to use the Premises for the purposes described herein. Association’s Use of Premises 9. The Premises shall be used only for functions by not-for-profit organizations, other organizations pre-approved in writing by the City, charity events, non- commercial receptions and for no other purpose without the prior written consent - 63 - of the City which consent may be arbitrarily withheld. The premises shall not be used for the delivery of programs, services, activities, or events which are directly or indirectly in competition with those offered by the City of Pickering. The Association shall host at least one “Community Event” and at least four “Community Programs” annually. 10. The Association is only permitted to use the Premises when the Premises is open to the public. The Association is required to use the Premises within the same operating hours as the Premises’ operating schedules, which schedules shall be approved by the City from time to time. The City reserves the right, in its sole discretion, to alter the operating schedules and the City will not be responsible for any losses or damages including any lost revenues and/or expenses incurred by the Association due to operating schedule changes and/or Premises closures, for any reason whatsoever. Nuisance 11. The Association shall not carry on any activities or do or suffer any act or thing that constitutes a nuisance, or which is offensive or an annoyance to the City. City Use of Premises Takes Priority 12. The City shall always have the right to use the Premises for its own purposes as required and, in such instances, shall give the Association reasonable notice of its intention to use the premises to minimize any scheduling conflicts. The City’s needs shall take priority. The Association shall not be entitled to any rental fees or other remuneration associated with the use of the Premises by the City. The City shall ensure the premises are cleaned after such use should it occur. The City shall provide cleaning services to the common areas of the Community Centre at 405 Whitevale Road once per week exclusively when City of Pickering Camps operate on the premises. The common areas apply to the main hall and the washroom facilities located on the first / main floor. Assignment 13. The Association shall not assign this assign this Licence without the prior written consent of the City, which consent may be arbitrarily withheld. Licences 14. The Association may grant permits to other third parties to use the premises if approved in writing by the City and provided that, (a) the term of the permit does not exceed one (1) month. - 64 - (b) the permit holder agrees to comply with Sections 9,and 10, of this Agreement; and (c) the Association agrees that it shall only charge such Permit Fees for the rental of the Premises at the rate that is approved by the City from time to time. The City and the Association shall establish the approved Permit Fee rate yearly throughout the Term. 15. The Association shall retain 100% of all permit fees recovered for the use of the Premises. 16. The Association shall submit a written report to the City every four months documenting the source and amount of all permit f ees received by the Association for the Premises. 17. The Association shall submit their annual financial statement to the City by February 15th of each year of the Term. Article III Term Term 18. The term of this Licence Agreement shall be five (5) years commencing on the Commencement Date and expiring on June 30, 2030. 19. Notwithstanding anything else contained herein, this Agreement may be terminated by either party for any reason upon three months’ notice to the other in writing. 20. Upon the expiry or earlier termination of this Agreement, the Association shall surrender to the City possession of the Premises and all the rights of the Association under this Agreement shall terminate (but the Association shall, notwithstanding such expiry or termination, as the case may be, be liable to the City for any loss or damage suffered by the City by reason of any default of the Association of its obligations hereunder). 21. If the City terminates this Agreement pursuant to Section 19, the City will not be liable to the Association for any damage or loss occasioned thereby. - 65 - Article IV Licence Fee 22. The Association shall pay to the City as a Licence Fee for the entire Term in lawful money of Canada the sum of One (1) Dollar ($1.00). Article V Maintenance, Repairs and Alterations Maintenance of Premises 23. Subject to the obligations of the City pursuant to Sections 29 and 301, the Association shall maintain and operate the Premises so the Premises shall always be of good appearance and in a condition suitable for the proper operation of the Premises. 24. The Association shall provide general maintenance services (cleaning, minor/cosmetic upgrades/supplies, outside gardens/flower beds, etc.) to the Premises at its expense and shall provide all necessary cleaning and maintenance supplies such as cleaning products, related paper products and cleaning equipment. 25. In accordance with the Occupational Health and Safety Act and the WHMIS Regulation R.R.O. 1990, Reg 860, as amended by O. Reg 36/93, or its successors, the Association shall be responsible for maintaining a binder containing safety data sheets for all hazardous products stored or used on the Premises. The said binder must be always kept current and available for reference by users of said products. 26. The Association shall be responsible for providing the City with: (a) WHMIS training certification of individuals working with cleaning products and/or hazardous materials on the Premises and of Association members working alone or overseeing any maintenance tasks performed on the Premises; and (b) Completed Ministry of Labour Health & Safety Awareness Training for Supervisors for those same individuals. 27. The Association shall be responsible for all day -to-day operating expenses, including, but not limited to, garbage removal from the facility . The Association shall not be responsible for utilities. 28. The City shall provide snow removal services for the driveway and parking lot at 405 Whitevale Rd. and the forecourt area at 475 Whitevale Rd. The Association shall be responsible for snow removal on all sidewalks, walkways and all other areas of pedestrian passage on the Premises. - 66 - 29. (1) Subject to subsection (2), the City shall be responsible for all inspections, preventative maintenance, and replacement at its sole discretion, with respect to: (a) HVAC equipment (b) electrical systems (including lighting) (c) water supply, treatment and septic systems (d) plumbing system and fixtures (e) roofs (f) exterior cladding (g) doors and hardware (h) parking lots (i) lawn care, landscaping and pest control (2) The Association shall be responsible for any damages or costs incurred due to the misuse or negligence of the Association, its employees, invitees, servants, agents, or others under its control and the Association shall pay to the City on demand the expense of any repairs including the City’s reasonable administration charge necessitated by such negligence or misuse. 30. The Association shall immediately notify the City of any damage or unsafe conditions on the Premises. Security 31. The Association shall be responsible for the security of the Premises. The Association will ensure that no copies of the keys to the Premises are made or given to third parties (even temporarily) without the prior written consent of the City. Only Association representatives that have signed for keys with the City or parties granted written consent by the City will be authorized to be in the possession of keys to the Premises. 32. Any keys provided to the Association, or its licensees, must be returned to the City immediately upon request. Alterations/Improvements to Premises 33. The Association shall not make any alterations or additions to the Premises without prior written consent of the City’s Director, Community Services. Any such pre-approved alterations, additions or fixtures shall be at the sole cost and expense of the Association and shall be added to the City’s inventory of fixtures and shall form part of the City’s property. The Association acknowledges that it has no claim to any such alteration, addition, or fixture upon termination of this Agreement. - 67 - Article VI Insurance and Indemnity Association's Insurance 34. The Association, at its sole cost and expense, shall take out and keep in full force and effect throughout the Term, (a) insurance upon property owned by it which is located on the Premises; and (b) commercial general liability insurance pertaining to the Association’s liability to others in respect of injury, death or damage to property occurring upon, in or about the Premises, such insurance to be of an amount not less than five million dollars ($5,000,000.00) for claims per occurrence. Such policy shall also name the City as an additional named insured and may not be cancelled unless prior notice by registered letter has been given to the City by the insurer 30 days in advance of the expiry date. 35. Prior to the Commencement Date, the Association shall file with the City a Certificate of Insurance in a form satisfactory to the City Treasurer, verifying that the commercial general liability insurance policy is in effect and setting out the essential terms and conditions of the insurance. 36. The provision of the insurance policy required by this Section shall not relieve the Association from liability for claims not covered by the policy or which exceed its limits, if any, for which the Association may be held responsible. 37. The Association is responsible for insuring all their equipment, contents, and leasehold improvements, including all contents, artifacts and artwork that is owned by any other party that is on display at the Premises or within the Association’s possession. Insurance Risks 38. The Association shall not do, omit to do, or permit to be done or omitted to be done upon the Premises anything that may contravene or be prohibited by any of the City's insurance policies in force from time to time covering or relevant to any part of the Premises or which would prevent the City from procuring its policies with companies acceptable to the City. If the conduct of business in the Premises or any acts or omissions of the Association on the Premises causes or results in any increase in premiums for any of the City's insurance policies, the Association shall pay such increase to the City. - 68 - Limitation of City's Liability 39. The City shall not be liable for any bodily injury or death of any person, or loss or damage to any property belonging to the Association or its employees, invitees or licensees or its guests, or to any other person in, on or about the Premises, unless caused by the wilful misconduct or gross negligence of the City or those for whom the City is at law responsible. Indemnification 40. The Association shall indemnify and save harmless the City, its directors, officers, employees, elected officials, agents, contractors and representatives from and against any and all actions, losses, damages, claims, costs and expenses (including, without limiting the generality of the foregoing, all claims for personal injury, death and/or property damage) and also damages arising from any breach of this Agreement by the Association or from any act or omission of the Association or those for whom the Association is at law responsible in or around the Premises arising from the Association’s use of the Premises pursuant to this Agreement. The City shall not be liable for any loss or damage to any property belonging to the Association or to any other persons or for any injury to any person while such person or property is on the Premises, unless such loss, damage or injury is caused directly by the wilful misconduct or negligence of the City, or those for whom the City is at law responsible. This provision shall survive the expiration or earlier termination of this Agreement. Article VII Remedies on Default City's Right to Re-Enter 41. The City reserves the right to re-enter the Premises at any time for any reason without notice. The City will provide reasonable notice if it deems it practical to do so based on its sole discretion. City's Right to Remedy Default 42. In addition to all other remedies the City may have under this Agreement and in law, if the Association is in default of any of its obligations under this Agreement, (or such longer period as may be reasonably required in the circumstances to cure such default, except in an emergency where the City will not be required to give notice), the City, without prejudice to any other rights which it may have with respect to such default, may remedy such default and the Association shall be responsible for all such reasonable costs. - 69 - Waiver 43. No condoning, excusing or overlooking by the City of any default, breach or non-observance by the Association at any time or times in respect of any covenant, obligation or agreement under this Agreement shall operate as a waiver of the City’s rights hereunder in respect of any continuing or subsequent default, breach or non-observance, or so as to defeat or affect in any way the rights of the City in respect of any such continuing or subsequent default or breach, and no waiver shall be inferred from or implied by anything done or omitted by the Association save only an express waiver in writing. Article VIII Miscellaneous Signs 44. The Association may only erect signs on the Premises with the City’s prior written approval. All such signs shall be removed from the Premises at the end of the Term. Compliance with Laws 45. The Association, at its sole cost and expense, shall comply with all legal requirements (including statutes, laws, by -laws, regulations, ordinances, orders, rules and regulations of every governmental authority having jurisdiction) that relate to the use of the Premises by the Association or the making of any improvements to the Premises by the Association. Notice 46. Any notice required to be given by the City to the Association under this Agreement shall be in writing and shall be delivered to the Premises or such other address of which the Association has notified the City in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Agreement. 47. Any notice required to be given by the Association to the City under this Agreement shall be in writing and shall be delivered to The Corporation of the City of Pickering, Pickering Civic Complex, One The Esplanade, Pickering, Ontario, L1V 6K7 (Attention: City Clerk) or such other address of which the City has notified the Association in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Agreement. - 70 - Successors and Assigns 48. This Agreement shall enure to the benefit of and be binding upon the parties and their respective successors (including any successor by reason of amalgamation or statutory arrangement) and permitted assigns. Title 49. The Association hereby agrees to keep title to the Premises, including every part thereof, free and clear of any lien, encumbrance or security interest or notice thereof. The Association shall not enter into any agreements for the Premises which would run with the Premises and become an obligation of the City upon termination or expiration of this Agreement. Force Majeure 50. The City shall not be liable for any damages caused by any delay or failure to perform the whole or any part of this Agreement, where such performance is made impossible or impractical due to any cause direct or indirect, beyond the control of the City, including, but not limited to, labour disruptions, strikes, lockouts, fire, flood, storms, acts of nature, natural disasters, acts of war, insurrection and terrorism, outbreak, pandemic, epidemic, disease or emergency. Registration 51. The Association shall not have the right to register this Agreement or notice thereof against title to the Premises or any part ther eof. - 71 - In Witness Whereof the parties have executed this Lease as of the date first written above. The Corporation of the City of Pickering _____________________________________ Kevin Ashe, Mayor _____________________________________ Susan Cassel, City Clerk Whitevale & District Residents’ Association _____________________________________ Mary Evans, Co-c hair I have authority to bind the Association and am also signing in my personal capacity . _____________________________________ Sally Campbell, Co-c hair I have authority to bind the Association and am also signing in my personal capacity. - 72 - Schedule “A” City’s Municipal Alcohol Policy The Corporation of the City of Pickering Community Services Department September 28, 2004 Purpose: The purpose of this policy is to endeavour to ensure the appropriate management of the use and consumption of alcoholic beverages in municipally owned facilities; to avoid related problems and to ensure the safety and well-being of all participants and to protect the Corporation, its’ employees and volunteers. 1. Definitions In this Policy, the term, (a) “Licensed function” means a function for which a permit has been issued by, or is otherwise licensed by, the Liquor License Board of Ontario at which alcoholic beverages may be consumed. (b) “Closed private licensed function” means a licensed function determined by the Director, Community Services to be closed to the public and of a private nature. (c) “Designated facility” means a city owned building, park, open space, and associated parking lot designated by this policy as suitable for an indoor or outdoor licensed function. (d) “User” means a person, group, or association to whom the city has granted permission to use a designated facility for a licensed function. (e) “Director” means the City’s Director of the Community Services Department or designated. 2. Designated Facilities (1) The following are designated facilities for indoor licensed functions: a. Brougham Community Centre b. Dr. Nelson F. Tomlinson Community Centre (Claremont CC) c. Don Beer Sports Facility Community Centre d. East Shore Community Centre - 73 - e. Front Street Community Centre f. Green River Community Centre g. Greenwood Community Centre h. Mount Zion Community Centre i. Pickering Civic Complex j. Chestnut Hill Developments Recreation Complex (Pickering Recreation Complex) k. Seniors Activity Centre l. West Shore Community Centre m. Whitevale Community Centre n. Whitevale Arts & Cultural Centre o. George Ashe Library & Community Centre (Petticoat Creek CC) p. Pickering Museum Village (2) The following are designated facilities for outdoor licensed functions: a. Claremont Community Park b. Dunmoore Park c. Kinsmen Park d. Alex Robertson Park e. Pickering Museum Village 3. Alcohol Restrictions within designated facilities: All designated facilities defined in this policy shall be deemed a “public place” and as such, in accordance with Section 31 of the Liquor License Act, R.S.O. 1990 c.L 19, no person shall have or consume or sell liquor in any designated facility unless a license or permit is issued or unless specifically covered by an L.L.B.O. permit. 4. Safe Transportation: (1) Only those users implementing a safe transportation strategy (i.e. designated driver program, an alternate home transportation option) to prevent intoxicated participants from driving will be permitted to use designated facilities for a licensed function. (2) The Director may require a potential user to demonstrate that such a strategy will be implemented by the user if written permission to use the designated facility for a licensed function is granted. - 74 - 5. No Alcohol and Low Alcohol Drinks (1) Only users offering a sufficient quantity of no alcohol and low alcohol drinks will be permitted to use designated facilities for licensed functions. (2) The Director may require a potential user to demonstrate that such a strategy will be implemented by the user if written permission to use the designated facility for a licensed function is granted. 6. “Statement of Intoxication” Sign (1) User of designated facilities for licensed functions shall display prominently in the facility a sign or signs indicating that it is illegal to serve participants to a state of intoxication. Such signs shall read as follows: City of Pickering – Community Services Department Statement of Intoxication It is contrary to the Liquor License Act of Ontario to serve persons to intoxication. For this reason, servers in this facility are required to obey the law and not serve anyone to intoxication. Should you wish a no alcohol or low alcohol “breather” round, request a soft drink, coffee, or small than usual portion of alcohol. (2) Signs shall be provided by the City to users for display by them in designated facility during licensed function. 7. Participant Control (1) Only users providing sufficient controls to prevent underage intoxicated or rowdy persons from entering the designated facility, to refuse service to such person, and to remove such persons from the designated facility will be permitted to use designated facilities for licensed functions. (2) Such controls shall include the following: a. Having a supervisor in charge of the licensed function present in the designated facility at all times during the function, b. Having at least two monitors at each entrance to the licensed function at all times during the function, c. Accepting only an age of majority card, a photo driver’s license or a passport as identification for entry, - 75 - d. Having a monitor or monitors (other than entrance monitor) in the designated facility at all times during the function at least one monitor for every 200 participants, e. Using monitors and servers who are 19 years of age or older, f. Using monitors and servers who do not consume alcohol during the function, g. Providing a list of names of supervisors, monitors and servers to the Director prior to the function. (3) The Director may require a potential user to demonstrate that such controls will be imposed by the user if written permission to use the designated facility for a licensed function is granted. (4) Closed private licensed functions are exempt from this section of the policy; however, users of designated facilities for closed private licensed functions shall be encouraged to impose voluntarily the controls set out above since they are not exempt from responsibility for compliance with the law and for the sobriety and safety of participants. 8. Supervisor, Monitor, and Server Training (1) Only users providing sufficient numbers of supervisors, monitors and servers that have attended an appropriate training course in server intervention will be permitted to use designated facilities for licensed functions. (2) Such training should utilize the Addiction Research Foundation course material, and may be provided, at a reasonable cost, through the Director, Community Services (3) The Director may require a potential user to demonstrate that sufficient numbers of supervisors, monitors and servers that have attended such a course will be provided by the user if written permission to use the designated facility for a licensed function is granted. (4) Closed private licensed functions are exempt from this section of the policy; however, users of designated facilities for closed private licensed functions shall be encouraged to provide voluntarily properly trained supervisors, monitors and servers since such users are not exempt from responsibility for compliance with the law and for the sobriety and safety of participants - 76 - 9. Insurance (1) Only users having a minimum of $1,000,000 third party general liability insurance coverage, naming the Corporation of the City of Pickering as an additional insured, will be permitted to use designated facilities for licensed functions. (2) The Director may require a potential user to demonstrate that such insurance coverage is in place before written permission to use the designated facility for a licensed function is granted. 10. Accountability (1) Users of designated facilities for licensed functions shall display prominently in the facility a sign or signs informing participants of the following: a. The name, address and telephone number of the user b. The name, address and telephone number of the representative of the user responsible for the function, c. The address and telephone number of the nearest police station, d. The address and telephone number of the of the Liquor License Boar of Ontario, e. The address and telephone number of the Director, Community Services (2) A user that contravenes any city policy or procedure or any application law may be refused permission to use designated facilities for licensed functions, at the Directors direction; a. Indefinitely, or b. Until the user can demonstrate to the Director satisfaction that further contravention shall now occur. 11. Promoting the Policy: The Director, Community Services, shall design and implement, in consultation with the Addition Research Foundation, a strategy to orient all potential users to the requirements of this policy and to promote this policy to the community at large. - 77 - Schedule “B” Conditions of Agreement 1) The City reserves the right to cancel any permit temporarily or permanently, should accommodation be required for special events, or in an emergency. 2) 50% of payment is due at time of booking. This is a non-refundable deposit. The remaining 50% is due in full, 90 days prior to the permit date of the event. 3) Applicants must be members of authority in the organization seeking accommodation. Permit holders must be on site for the duration of the rental. 4) The facility is to be used only on the date(s) and time(s) specified, and only for the purpose named. No teen dances/parties, stags or stagettes are permitted in our halls. This permit is not transferrable. 5) The City will not be responsible for personal injury or damage or for the loss or theft of clothing or equipment of the applicants, or anyone attending on the invitation of the applicant or any persons contracted by the applicant. 6) The applicant shall be responsible for the conduct and supervision of all persons admitted to the building(s) and grounds and shall see that all regulations contained herein are strictly observed. 7) Unnecessary noise which disturbs the peace, quiet, or comfort of any person in any type of residence, place of business, etc., in proximity to the facility shall not be permitted. 8) The exits must be kept free from obstruction in case of fire. a) The applicant must pay all damages arising from the use of the property. b) A damage/security deposit will be charged for all rentals, to be refunded at a later date, if no damage, excessive maintenance costs are incurred as a result of the facility rental. c) The applicant must pay such fees for extra work by custodians, etc., as the City may determine. 9) Games of chance, lottery, or gambling in any forms, contrary to law is strictly forbidden. 10) It shall be the responsibility of the applicant to see that all persons admitted to the function being held, have vacated the premises promptly by 2:00 am. 11) If liquor of any type is to be served, sold or available at the function, the applicant must obtain all necessary permits and licenses and must adhere to the City of Pickering ‘Alcohol Management Policy”. A copy of the liquor license must be posted on the wall during the function. 12) The City of Pickering requires every event have a minimum of $2,000,000 third party liability insurance coverage. This insurance must be purchased as part of the rental process. - 78 - 13) For all special occasion permits, only monitors and servers that possess a server intervention program certificate will be permitted to use the designated facility. Information is available at www.smartserve.org. 14) The licensor reserves the right to provide security personnel or Pay -Duty Police at the expense of the licensee, should the Manager, Facility Programs and Administration deem it necessary. 15) Hall cancellations are subject to a $40.00 administration fee. 16) All cancellation must be received in writing ninety days prior to the function, or the entire rental fee will be forfeited. 17) All rental rates are subject to increase. Post-date cheques will not be accepted. 18) This contract is not valid unless it is signed and dated by the person renting the facility and returned as soon as possible to the Facility Booking Clerk. 19) Recreation Complex Staff will set-up the tables and chairs ‘provided’ a diagram of the layout is submitted one week preceding the function. You may obtain the diagrams at the Complex Information Desk. Any materials/articles dropped off prior to the function, or left after the function, must have prior approval from the Maintenance Department or designate. 20) If Complex Banquet Halls are rented, please use the outside entrance to Banquet Hall, do not use main Complex doors. Personal information contained on this form is collected pursuant to the Municipal Freedom of Information and Protection of Privacy Act and will be used for the purpose of administering facility rentals. Questions about this collection should be directed to the City Clerk, One the Esplanade, Pickering, ON L2V 6K7, 905.420.4611. HST applies to this Rental – Registration No. 108078593 - 79 - Facility Rules and Regulations Failure to comply with the below will result in loss of damage deposits. A. All Facilities • No confetti/rice is permitted in City facilities, parking lots, or grounds. • Facilities must be vacated by 2:00 am, ensuring that all decorations and function supplies have been removed. • Smoking any type of tobacco product is not permitted in any City facility. All city facilities are designated non-smoking (Durham Region By -Law No. 66-2002). • The City of Pickering cannot supply ladders or lift equipment to any permit holder. If this service is required, it must be arranged with and approved by the City of Pickering one week prior to the event. • Caterers, bartenders, disc jockeys, entertainers, liquor licences, etc. are the renter’s responsibility. • Liquor Licence must always be visible on the bar wall during the function, and while alcohol is on the premises. • Unnecessary noise which disturbs the peace, quiet, or comfort of any person in any type of residence, place of business, etc. in proximity to the facility is not permitted. • Decorating is the sole responsibility of the renter. Staples, tape, nails, glue, etc. are not permitted. Helium balloons are permitted, provided they are securely anchored and removed following the event. • As per liquor regulations, all bars must close at 1:00 am sharp. • Set up times for your event is as per your permit. - 80 - Report to Executive Committee Report Number: CS 15-25 Date: June 9, 2025 From: Laura Gibbs Director, Community Services Subject: Electric Vehicle Charging Stations Pilot Project File: A-1440 Recommendation: 1. That Report CS 15-25 regarding the City’s electric vehicle charging stations pilot project be received for information. Executive Summary: The purpose of this report is to provide a summary of the electric vehicle charging station pilot project. Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority of Lead & Advocate Environmental Stewardship, Innovation & Resiliency. Financial Implications: There are no direct financial implications resulting from endorsing this report. Discussion: The purpose of this report is to provide a summary of the City’s electric vehicle (EV) charging station pilot project. The objective of the project was to explore and inform the viability and challenges associated with developing a framework for future corporate and public -use EV charging infrastructure on City -owned property . 1. Project Background The 2014 – 2019 Corporate Energy Management Plan identified an Electric Vehicle Initiativ e which included two projects: 1) electric charging stations; and 2) electrification of fleet vehicles. The City was selected for the Workplace Electric Vehicle Charging Incentive Program and received three EV charging stations. The EV stations were funded in part by the province, and the stations were installed for fleet vehicles in the underground parking lot at City Hall. By 2019, the City had six EV charging stations. - 81 - CS 15-25 June 9, 2025 Subject: Electric Vehicle Charging Stations Pilot Project Page 2 In May 2022, the City undertook its first installation of EV charging stations for public use with five units installed at the Chestnut Hill Developments Recreation Complex (CHDRC) and conversion of six existing chargers at the Pickering Operations Centre (POC). The existing chargers at the POC were installed in 2019 and originally intended only for use by City fleet vehicles. Installation, conversion, and commissioning of the chargers at both locations w as completed in May 2023. The CHDRC project was developed in partnership w ith Elexicon Group and supported by grant funding obtained through the Zero Emission Vehicle Infrastructure Program . Total project costs were $150,000.00, with grant funding covering approximately 50 percent. The City’s existing EV chargers are networked using cellular wireless connections with third party billing/technical support providers. The providers collect all user fees on behalf of the City and remit the collected fees to the City on a monthly basis, less a five to ten percent administration charge and a fixed monthly network fee per connection. User fees set early in the project were benchmarked against other lakefront municipalities in Durham Region, but did not generate significant revenue and have since been adjusted to target operating cost recovery. Full capital cost recovery is not factored into this pricing, as it would prove prohibitively expensive to users. Rates for 2025 were set as follows: Level 2 (6kW) $1.77/hr or $0.30/kWh Level 2 (8.3kW) $2.22/hr or $0.30/kWh Level 3 (60kW) $21.24/hr or $0.35/kWh CHDRC EV chargers at CHDRC were installed in the parking lot located on the north side of the squash courts, west of the loading dock and Delaney Arena. Four 8.3 kW Level 2 chargers, and one dual-port 60 kW Level 3 charger , or DCFC, were installed. Electrical capacity has been included for the installation of four additional Level 2 and one additional DCFC at a future date, contingent on demand and funding availability. POC Six EV chargers were installed at the north-west corner of the existing parking lot as part of the construction of the Operations Centre. These were originally limited to use by City fleet vehicles, but converted for public use in 2023, providing six 6 kW Lev el 2 charging ports. Signage was changed from “fleet use only” to “parking permitted while charging”, and public billing was enabled. These charging stations were renewed with updated hardware and software at no cost to the City, and also service the adjacent Pickering Soccer Centre, operated by the Pickering Football Club. - 82 - CS 15-25 June 9, 2025 Subject: Electric Vehicle Charging Stations Pilot Project Page 3 2. Pilot Project Usage Summary Since the pilot project began, the City’s EV chargers have delivered approximately 108.2 megawatt-hours (MWh) of energy to EVs, avoiding 40,500 L of gasoline combustion and over 92 tonnes CO 2 emissions.1 The following table summarizes the usage and financial statistics of the project from January 1, 2024 to December 31, 2024. Location CHDRC DCFC (Level 3) CHDRC Level 2 Charger POC Level 2 Charger Total Nominal Power 60 kW 8.32 kW 6.2 kW - Qty Ports 2 4 6 - Number of Charging Sessions 2,050 1,606 688 4,344 Total Energy Delivered (kWh) 57,392 28,011 10,742 96,145 2024 Fee Structure $19.00/hr $1.45/hr $1.45/hr - Net Collected Fees $17,103.00 $4,613.00 $2,808.00 $24,524.00 Average Energy Input Cost ($/kWh) $0.171 $0.173 $0.171 $0.172 Total Energy Input Cost $9,818.00 $4,850.00 $1,833.00 $1,681.00 Network Fees $305.00 $1,220.00 $1,650.00 $3,176.00 2024 Net Revenue (Loss) $6,980.00 ($847.00) $183.00 $6,316.00 The table above shows that the project operated at a modest overall gain in 2024, without accounting for capital installation cost and repairs. The DCFC delivers energy at a much greater rate than the Level 2 chargers and is therefore able to offset fixed monthly network fees more quickly. However, DCFC have a much higher capital costs (8-10 times the cost of Level 2), and have much greater complexity, leading to higher future repair costs. The installation of EV chargers, at public municipal facilities, should be viewed as a public service to encourage adoption of EV technology and reduce transportation-related greenhouse gas (GHG) emissions, and as an amenity also increasingly expected by the public. It is noteworthy that in areas of low utilization and relatively low energy delivery capacity (e.g. 6 kW Level 2), such as at the POC, the fixed monthly network fees can often exceed collected user fees before even considering the input costs for the electricity. The City’s strategy has 1 Based on energy delivered from June 1, 2023 to December 31, 2024, using a comparison of typical comparable ICE and EV vehicles from NRCan 2024 Fuel Consumption Guide: Chevrolet Equinox, combined cty/hwy 8.5 L/100 km vs Chevrolet Equinox EV,19.3 kWh/100 km divided by (conservatively assumed 85%) wall -to-battery efficiency = 22.71 kWh/100 km. Fuel emissions based on 2.29 kg/L gasoline. Average annual grid emissions 0.00071 kg/kWh from The Atmospheric Fund’s Ontario Electricity Emissions Factors and Guidelines, June, 2024. - 83 - CS 15-25 June 9, 2025 Subject: Electric Vehicle Charging Stations Pilot Project Page 4 since shifted, and the 2025 user fee structure was adjusted to aim for operational cost recovery. 3. Charger Utilization Trends Charger utilization has trended upward in energy delivered and number of charging sessions, as shown in the following graphs. 4. 2025 User Fees and Benchmarking The current pricing structure, included in the 2025 user fees approved by Council as part of the annual budget process, was based on the mandate of full operational cost recovery. Other public sector organizations have taken a variety of different approaches, some offering free Level 2 charging, while others subsidize the full operating cost of their chargers. Doing so - 84 - CS 15-25 June 9, 2025 Subject: Electric Vehicle Charging Stations Pilot Project Page 5 places public sector organizations in direct competition with the private sector in the fuel distribution business but can also be viewed as offering a public service and leading by example for the adoption of sustainable technologies. The City of Pickering was the first municipality within Durham Region to install a Level 3 (DCFC) charger. Since that time, other Durham Region municipalities have reached out to the City for advice on the pricing structure for their own DCFC charger installations. Due to high first cost and electrical infrastructure constraints, most municipalities were only offering 6 kW Level 2 chargers. In 2024, City fees were $1.45/hr for Level 2, and $19/hr for 60 kW DCFC. Upon analysis of the first year of available utilization data to mid-2024, the 2025 fee structure was set at $2/hr for 6 kW Level 2 (POC), $2.50/hr for 8.3 kW Level 2 (CHDRC), and $24/hr for 60 kW DCFC (CHDRC). Lakefront Durham municipalities have implemented a tiered fee structure, scaling upward over time, which discourages charging for longer than two or three hours. The fees are also based on connected time, not charging time, so vehicles will continue to be charged fees after charging is complete. This idle fee is increasingly used to encourage vehicles to move once charging is complete to free up the charger for others. • The Regional Municipality of Durham has primarily focused on enabling EV charging installation by other hosts through collaboration and partnerships with organizations across the region, and by administering federal funding from the Zero Emission Vehicle Infrastructure Program. The Region has 6.2 kW Level 2 chargers at Regional Headquarters, at $1.50/hr (including idle time after charging is complete). • Ajax typically has four 6.2 kW Level 2 charging ports at each of its major facilities (recreation complexes, libraries, town hall), at a cost of $1.00/hr for the first two hours, $2.00/hr thereafter. • Whitby has 27 Level 2 charging ports across its facilities and municipal lot, at a cost of $1.50 service fee per charge plus $1.50 for the first three hours, $4.00/hr thereafter. Whitby also added a 60 kW DCFC in 2024, implemented a $1.50 service fee per charge, then matched Pickering’s 2024 rate of $19.00/hr. • Clarington has 23 total Level 2 charging ports at multiple locations. Ten are located at the Garnet B. Rickard Recreation Complex, eleven in public parking lots and two at the Orono Library, at $1.50/hr for the first three hours, increasing to $4.00/hr thereafter during daytime hours. • Oshawa has collaborated with Oshawa Power to install a significant number of Level 2 charging stations (more than 80) both on and off -street in the downtown area. The stations offer charging at no cost to end-users. A staff report indicated the intention to introduce pricing in 2024, but currently charging is still free. The City’s publicly accessible chargers appear on commonly used digital apps used by EV drivers to locate convenient charging locations, including PlugShare and ChargeHub. - 85 - CS 15-25 June 9, 2025 Subject: Electric Vehicle Charging Stations Pilot Project Page 6 5. Lessons Learned and Emerging Trends The City’s EV Charger Pilot Project was intended to explore the options, challenges and opportunities associated with introducing, developing and operating EV Charging systems, and to understand how key considerations should be taken into account during future decision making. Level 2 chargers, for example, are much more cost effective to install, but generate far less revenue and have a longer payback. By comparison, Level 3 chargers can deliver power up to ten times faster, but their capital investment costs and power infrastructure requirements can be prohibitive. First and foremost, it became clear that EV chargers are not a significant potential revenue stream, and that the City provides this service as an outlier competing with the private sector. Municipalities have a particular and critical role to play as leaders in the field of sustainability, but must do so while balancing their investment of valuable and finite public funds. By providing a suitable threshold for basic levels of service and convenience, the City can also help encourage the private sector to help build and grow consumer markets on a broader scale. This approach is in keeping with general public expectation that the City will provide support and capacity for this emerging technology, as well as leading by example. The balance of issues to be addressed are primarily technical, relating to maintenance, operation, financial risks and liabilities, limitations with existing infrastructure at various scales, and the coordination of hardware, software, and compatibility issues. Recent changes in North American and global political and economic climates have added uncertainty to the electric vehicle and supporting industry. EV technology provides a critical tool to offset global GHG emissions, but implementation and adoption carry financial impacts and infrastructure constraints that cannot be overlooked. 6. Conclusions and Next Steps EV Chargers are an important tool available to the City when considering how best to achieve Priority 4 of the Corporate Strategic Plan: Lead & Advocate for Environmental Stewardship, Innovation & Resiliency. A robust alternative to fossil fuels is also required to help the City migrate towards solutions that will help reduce its GHG emissions, as outlined in the 2024- 2029 C orporate Energy Management Plan. A balance must be struck between a basic level of service to meet the needs of residents, encouraging private sector development of related infrastructure, and shifting City fleet priorities to EV options as they become available and commercially viable. With regards to City facilities and amenities, location and demand are top priorities. Public - facing facilities will require a minimum level of EV charging capacity, to be phased in over time. Larger facilities which attract visitors from farther afield, and who therefore stay longer, are ideal locations for early investment, as users have the greatest need and potential to use EV charging infrastructure if it is made available. By comparison, local residents driving to a nearby community centre, or attending other locations only for a short time, will tend to favor charging their vehicles at home. - 86 - CS 15-25 June 9, 2025 Subject: Electric Vehicle Charging Stations Pilot Project Page 7 Moving Forward: i. Opportunities will be explored to include rough-in provision of EV charging infrastructure at all future City facilities as part of their design. ii. There may also be value in exploring demand and opportunities for potential provision of EV chargers in City parks, and at other public municipal amenities in the future. iii. For existing facilities, it may be feasible to add new EV chargers as standalone capital projects, depending on the limits of local infrastructure, but the most cost-effective option would be to do so as part of any larger scale renovations. iv. Staff are ready to take advantage of any new or expanded incentive programs or grants for EV charging infrastructure that may become available in the future. Recent initiative and developments in EV charging infrastructure at City facilities already include: • Provision of rough-in locations for up to six dual-port EV chargers at Fire Station 1 & Headquarters. • Provision of two dual-port Level 2 EV charging stations at the Pickering Heritage & Community Centre, currently under construction, with rough-in capacity to add up to two more dual-port units. • The Seaton Recreation Complex & Library will include provisions for EV chargers. Specific numbers to be installed and roughed-in to be determined as the design develops. • The new location for Fire Station 5 is anticipated to allow for two dual-port Level 2 EV chargers to be made available for staff and visitors. Precise counts may be revised during the design process to commence later this year. • George Ashe Library & Community Centre, Dr. Nelson F. Tomlinson Community Centre and the South Esplanade parking lot servicing the Pickering Civic Complex and Pickering Central Library have been identified as viable candidate locations for the near -term installations of additional EV charging stations, making use of available funding and infrastructure. The City currently has EV chargers supplied by three different service providers, including units limited to fleet vehicle use. Each set of devices operates under separate agreements, including different software packages and technical support regimens. This is less than ideal and consumes an excessive amount of time for coordination, accounting and repairs. Staff will pursue opportunities to consolidate and standardize future EV chargers under a single vendor for improved efficiency and management. Staff will continue to monitor and adjust operating costs and revenue generation, adjusting user fees annually with a mandate for full cost recovery. - 87 - CS 15-25 June 9, 2025 Subject: Electric Vehicle Charging Stations Pilot Project Page 8 A plan will be developed to inform future EV charging infrastructure, for fleet, public and combined use, recommending appropriate levels of service to be developed and maintained throughout the City. Doing so will help forecast future needs and help ensure that sufficient infrastructure is provided and reserved, especially as the power needs of this equipment can be significant. High load demand from chargers can compete with efforts to electrify existing facilities to reduce their GHG emissions. Lastly, as identified by the 2024-2029 Corporate Energy Management Plan, roughly 35% of the City’s GHG emissions come from City fleet vehicles. Private sector GHG emissions are of equal concern and will rely both on public and private initiatives to facilitate a transition away from fossil fuel consumption. A prudent and measured adoption will be undertaken, gradually introducing and growing EV charger infrastructure to meet levels of service, while balancing costs and existing City site and system capacity constraints. Attachment: 1.CAO Correspondence 23-23 EV Charging Station Pilot Project Prepared By: Approved/Endorsed By: Original Signed By Original Signed By Vince Plouffe. OAA Laura Gibbs MBA, MSc. Division Head, Facilities Management Director, Community Services & Construction Original Signed By Dennis Yip, P.Eng., PMP®, CEM, LEED® AP Manager, Facilities Capital Projects Original Signed By Robin Thornton, CEM, CMVP, LEED® AP BD+C Supervisor, Energy Management LG :vp - 88 - CS 15-25 June 9, 2025 Subject: Electric Vehicle Charging Stations Pilot Project Page 9 Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 89 - Attachment 1 to Report CS 15-25 Memo To: Marisa Carpino March 14, 2023 Chief Administrative Officer From: Brian Duffield Director, Operations Copy: Director, Finance & Treasurer Division Head, Operations Services Supervisor, Energy Management Subject: EV Charging Station Pilot Project File: O-8320 The City is currently finalizing installation of new electric vehicle (EV) charging stations at Chestnut Hill Developments Recreation Complex (CHDRC), and converting chargers previously installed at the Operations Centre from City-fleet only to public use. The CHDRC project was developed in partnership with Elexicon Group and supported by grant funding obtained through the Zero Emission Vehicle Infrastructure Program (ZEVIP). Total project costs are $150,000, with grant funding covering approximately 50 percent. Once complete, CHDRC will offer four level 2 charging stations and one dual-head level 3 charging station in the parking lot located on the north side of the squash courts. This location reduced installation costs by using easily available power, and is well-monitored by existing security cameras. The new charging stations are intended for public use. All equipment is in place and currently undergoing setup and commissioning. It is expected to be in service by March 27, 2023. The Operations Centre will offer 6 level 2 charging stations in the parking lot located on the north side of the Pickering Soccer Centre. The original equipment was installed for the City’s fleet as part of the new Operations Centre construction. The conversion of this equipment to public use is underway and is expected to be in service by March 27, 2023. To meet City’s fleet charging needs, there are currently 2 charging stations within the service and storage bays, and rough-in for 20 additional chargers in the secure parking area along the west of the Operations Centre, to be installed as needed. Level 2 charging stations are a common commercial standard, whereas level 3 chargers offer enhanced charging capability at a much faster rate. No other Durham municipalities currently offer level 3 chargers. Typically, level 2 chargers will add approximately 30-45 km range per hour of charging, whereas level 3 chargers will add 300 km range per hour. - 90 - March 14, 2023 Page 2 of 2 EV Charging Station Pilot Project User Fees and Costs User fees for these charging stations differ between levels 2 and 3, and have been set based on a survey of other local communities, reaching farther afield and including private sector examples for the level 3 chargers. The industry currently sets pricing based on time spent charging, rather than energy consumption. Recent changes by Measurement Canada will permit a more direct charge out rate linked directly to energy consumption. Staff will explore the opportunity to convert the units to this energy-billing model in the 2024 Capital Budget. The rates have been set at $1.40 per hour for level 2 charging, and $18.00 per hour for level 3. Note that these rates are fixed, whereas the City’s energy costs will fluctuate based o n time of day costs for power. Until usage trends are better understood, full cost recovery cannot be guaranteed. CHDRC charger fees are collected from the end-user by a third party, EVSTART, which deducts a five percent administrative fee. Due to existing equipment and contracts, Operations Centre charger fees are collected from the end-user by a different third party, ChargePoint, which deducts a ten percent administrative fee. The balance is provided to the City as revenue. The City remains responsible for all maintenance, software/network license, utility and capital replacement costs, including any vandalism and theft. All chargers have an estimated life span of ten years. An estimated revenue of $10,000.00 has been included in CHDRC budget for this pilot project. Community Notification PlugShare and ChargeHub are two independent user-verified public charging maps that track the location and operating status of every public charging station. Staff have set up a City of Pickering account on each of these two platforms. CHDRC and the Operations Centre’s stations are currently listed on these platforms as “Coming Soon”, which staff will update to “Available” once the stations are live and tested. Operations Services’ staff are working with Corporate Communications to build out a web page and related marketing materials to promote this new opportunity to Pickering’s residents, businesses and key stakeholders. The team will be coordinating photography and video of the new infrastructure as well as a scheduled photo opportunity for Mayor, Members of Council, CAO, and key staff, along with a demonstration electric vehicle. Pilot Project Evaluation Period The intended pilot period for this project is two years from the equipment in-service date. Evaluations will be conducted by site and by charger type (level 2 vs level 3). Energy usage and impact on peak electrical demand will be reviewed on a quarterly basis. Equipment uptime, utilization rates, network fees, maintenance costs, energy cost recovery, and user fees will be reviewed and reported annually. - 91 - Report to Executive Committee Report Number: CS 16-25 Date: June 9, 2025 From: Laura Gibbs Director, Community Services Subject: Mt. Zion Community Centre Association Licenc e Agreement Renewal File: A-1440-001 Recommendation: 1.That the Mayor and City Clerk be authorized to execute the Licence Agreement for a two year term commencing July 1, 2025 and ending June 30, 2027 with Mt. Zion Community Centre Association for the operation of the Mt. Zion Community Centre, set out in Attachment 1 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor ; and 2.That the appropriate City officials be authorized to take the necessary actions as indicated in this report. Executive Summary: The City of Pickering, through Resolution #350/20, has a five year licence agreement with the M t. Zion Community Centre Association (the Association) to operate the Mt. Zion Community Centre (the Community Centre) which expires on June 30, 2025. The Association has been responsible for coordinating facility rentals, maintaining regular operating hours, organizing community programs and events, and performing facility cleaning and maintenance at the Community Centre. Report CS 07-25 regarding Northern Community Halls, dated May 5, 2025, provided a summary of the condition of the Mt. Zion Community Centre. The report recommended a two year licence agreement renewal based on its current uses, facility condition assessment and close proximity (5.4 km) to the new Pickering Heritage & Community Centre that is set to open to the public in spring 2026. Staff met with the Association on January 27, 2025, and March 28, 2025 to review the terms of the licence agreement together . The Association confirmed with staff that they reviewed the updated licence agreement and had no revisions. Staff recommend that the licence agreement set out in Attachment 1 of this report be renewed for a two year term, beginning July 1, 2025 and ending June 30, 2027. The licence agreement has been updated to be consistent with the City’s active licence agreements, and to provide clarification on use of the facility . - 92 - CS 16-25 June 9, 2025 Subject: Mt. Zion Community Centre Association Licence Agreement Page 2 Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority of Strengthen Existing & Build New Partnerships. Financial Implications: Through the Facility Renewal Study, the City of Pickering has identified that the Community Centre has $681,923.00 in deferred maintenance. A structural engineering review of the Community Centre was completed in May, 2024 which identified potential decay and weakness in the floor structure. Additional investigations beneath the floor will be undertaken in 2025 to better determine existing conditions and determine if repairs, estimated at around $70,000.00, need to be done during the term of this licence agreement. The City ’s annual general maintenance and operating costs for the Community Centre is approximately $17,250.00 which includes: Oil Consumption $ 3,500.00 TSSA Oil Tank & Furnace Inspection $ 500.00 ESA Inspection $ 500.00 Furnace HVAC PM Service $ 1,000.00 Septic Holding Tank $ 2,000.00 UV System PM Service $ 1,200.00 Hydro $ 950.00 Building Repairs & Maintenance $ 2,500.00 Pest Control Services $ 600.00 Winter Control $ 4,500.00 Total: $17,250.00 T he Association Reported Financial Summary Year Revenue Earned Annual Expenses Cash balance, end of year 2021 $ 0.00 $ 9.00 $ 1,145.66 2022 $ 3,350.00 $ 514.50 $ 3,981.16 2023 $ 3,550.00 $ 691.20 $ 6,389.96 2024 $ 5,970.00 $ 3,066.15 $ 9,743.81 A ll revenues generated from the operation of the Community Centre are retained by the Association. D iscussion: The purpose of this report is to seek approval for the renewal of the licence agreement with the Association, for use of the Community Centre to operate various programs and events for residents of all ages. - 93 - CS 16-25 June 9, 2025 Subject: Mt. Zion Community Centre Association Licence Agreement Page 3 1.Use of the Community Centre In 2024, the Association hosted 52 permitted uses/rentals, primarily comprised of birthday parties, private social events and free ski patrol training events. In 2023, the Association reported 24 uses, in 2022 there were 27 uses, and there were no uses in 2021, primarily due to the COVID pandemic. There were no community -based programs or events that were operated by the Association in 2024. 2.Condition of the Community Centre The Community Centre, located at 4230 Sideline 6, was built in 1875 and was used as a one-room schoolhouse and used until its closure in 1965. By-law 8835 established Mt. Zion as a Community Hall in 1967. The facility was originally managed by a Board that was appointed by Council. The Community Centre had an FCI of 58 percent noted in the Facilities Renewal Study, which has risen to 65 percent as of January 1, 2025. A recently completed structural engineering assessment has also raised concerns about the condition of its floor framing and load-bearing masonry. The Community Centre currently has the fourth highest FCI among City facilities. The facility is going to require significant infrastructure repairs beyond the term of this licence agreement in order to keep it operational and safe for public use, including significant repairs related to its floor framing and load- bearing masonry. Due to the current condition of this facility, a two year licence agreement, which is shorter than the standard five year agreement is recommended. 3.Changes made to the Licence Agreement The language used throughout the agreement was updated to be consistent with the City’s active licence agreements, or to provide clarification. The following notable changes and updates have been made to the agreement: i.The term of the agreement was updated to a two year term, beginning July 1, 2025 and ending June 30, 2027. ii.G rant, Section 8, has been updated to provide clarification that the type of licence agreement non-exclusive for use of the premises. iii.A ssociation’s Use of Premises and accordance with the City’s Alcohol Management Policy , Section 10, has been removed and covered in Section 3. iv .Overholding, Section 23, has been removed. Due to the condition of the Community Centre, significant construction is required to address structural and building envelope repairs once this licence agreement expires. Additionally, Report CS 07-25 recommends that staff investigate options to reduce the net capital cost of the Community Centre and report back to Council with recommendations in Q1, 2026. Due to these two factors, the overholding clause - 94 - CS 16-25 June 9, 2025 Subject: Mt. Zion Community Centre Association Licence Agreement Page 4 has been removed, with an expectation that this licence agreement will terminate on June 20, 2027. v.A lterations, Section 33, has been updated to clarify that any alterations or additions made to the Community Centre shall be at the sole cost and expense of the Association and shall be added to the City’s inventory of fixtures, and shall form part of the City’s property. Any alteration or addition must receive prior written consent from the Director, Community Services. The City remains responsible for all inspections, preventative maintenance, and replacement at its sole discretion, as outlined in Maintenance of Premises, Section 29. v i.Insurance Risks, Section 38, was added to the licence agreement. The Association shall not do anything that is not permitted by the City’s insurance policy, or which would prevent the City from procuring a policy with companies acceptable to the City. If the conduct of the Association results in an increase in premiums for the City’s insurance policies, the Association shall pay such increase to the City. v ii.Right of Entry, Section 47, was deleted and updated in Section 41. Section 47 was deleted as the City reserves the right to enter the premises at any time for any reason without notice. v iii.The municipal alcohol policy was replaced in the appendix with the most recent version. A two year licence agreement is recommended to permit the Association to continue to operate the facility. During this time, additional investigation will be completed on the structural integrity of the floor along with investigations to reduce the net capital cost of the Community Centre. Staff will report back to Council with recommendations in Q1, 2026. Attachments: 1.Mt. Zion Community Centre Association Licenc e Agreement, with track changes 2.Mt. Zion Community Centre Association Licenc e Agreement, final version Prepared By: Approved/Endorsed By: Original Signed By Original Signed By Marilou Murray Laura Gibbs, MBA, MSc. Manager, Community Services Administration & Director, Community Services Strategic Initiatives - 95 - CS 16-25 June 9, 2025 Subject: Mt. Zion Community Centre Association Licence Agreement Page 5 Prepared By: Original Signed By Kim Bradley Special Advisor, Community Initiatives LG :kb Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 96 - Attachment 1 to Report CS 16-25 LicenceLease Agreement This Licenceease Agreement is effective made as of the 1st day of July, 20250. Between: The Corporation of the City of Pickering (the "City") - and - Mt. Zion Community Centre Association (the "Association") Article I Interpretation Definitions 1. In this Agreement Lease, (a) "Commencement Date" means July 1, 20250; (b) "Lease" means this lease as it may be amended from time to time; (b) "Premises" means the entire facility known as Mt. Zion Community Centre located at 4230 Salem Rd, in the City of Pickering, Regional Municipality of Durham; (c) Formatted: List Paragraph, Left, No bullets or numbering, Tab stops: Not at -1" Formatted: Font: Bold Formatted: Font: Bold “Licence Fee” means the fee(s) payable pursuant to Section 22; and (d) "Rent" means the rent payable pursuant to Section 24; and (e)(d) "Term" means the term of this Licence Agreementease as set out in Section 19. Headings 2. The division of this Licenceease Agreement into articles, sections, subsections and schedules and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this AgreementLease. - 97 - 2 Schedule 3. Schedule “A” (City’s Municipal Alcohol Management Policy) and Schedule “B” (City’s Conditions of Agreement) are incorporated into and form part of this AgreementLease. Severability 4. All of the provisions of this Licence Agreementease are to be construed as covenants even where not expressed as such. If any such provision is held to be or rendered invalid, unenforceable or illegal, then it shall be considered separate and severable from the rest of this AgreementLease and the remaining provisions of this AgreementLease shall remain in force. Number 5. Wherever a word importing the singular number only is used in this AgreementLease, such word shall include the plural. Words importing either gender or firms or corporations shall include the other gender and individuals, firms or corporation where the context so requires. Governing Law 6. This AgreementLease shall be governed by, and interpreted and enforced in accordance with, the laws in force in the Province of Ontario. and the laws of Canada applicable therein. Entire Agreement 7. This AgreementLease constitutes the entire aAgreement between the parties concerning the Premises and may only be amended or supplemented by an agreement in writing signed by both parties. Article II Grant and Use Grant 8. In consideration of the performance by the Association of its obligations under this AgreementLease, the City is granting a non-exclusive licenceleases to the Association to use the Ppremises for the purpose described herin. to the Association for its use during the Term. - 98 - 3 Association’s Use of Premises 9. The Premises shall be used only for functions by not-for-profit organizations, other organizations pre-approved in writing by the City, charity events, non- commercial receptions and for no other purpose without the prior written consent of the City which consent may be arbitrarily withheld. The Premises shall not be used for the delivery of programs, services, activities or events which are in directly or indirectly in competition with those offered by the City of Pickering. 10. The Association’s use of the Premises shall be in accordance with the City’s Alcohol Management Policy (Schedule “A”) and Conditions of Agreement (Schedule “B”). 11.10.The Association is only permitted to use the Premises when the Premises is open to the public. The Association is required to use the Premises within the same operating hours as the Premises’ operating schedules, which schedules shall be approveddetermined solely by the City from time to time. The City reserves the right, in its sole discretion, to alter the operating schedules and the City will not be responsible for any losses or damages including any lost revenues and/or expenses incurred by the Association due to operating schedule changes and/or Premises closures, for any reason whatsoever. Nuisance 12.11.The Association shall not carry on any activities or do or suffer any act or thing that constitutes a nuisance, or which is offensive or an annoyance to the City. City’s Use of Premises Takes Priority 13.12.The City shall always have first the right to use the Premises for its own purposes as required and, in such instances, shall give the Association reasonable notice of its intention to use the premises in order to minimize and avoid any scheduling conflicts. The City’s needs take priority.of refusal to use the Premises. The Association shall not be entitled to any rental fees or other remuneration associated with the use of the Premises by the City. Assignment and Subletting 14.13.Subject to Section 15, Tthe Association shall not assign this Licenceease or sublet all or any portion of the Premises without the prior written consent of the City, which consent may be arbitrarily withheld. - 99 - 4 Licences 15.14.The Association may grant permitslicences to other third parties to use the premises if licensees approved in writing by the City and to use the Premises provided, (a) the term of the permit licence does not exceed one (1) month; (b) the permit holder licensee agrees to comply with Sections 9 and 10 and 10 of this agreementLease; and (c) the AssociationClub agrees that it shall only charge such permit fees for the rental of the Premises at the rate that is approved by the City from time to time. The City and the AssociationClub shall establish the approved permitrental fee rate yearly throughout the Term. 16.15.The Association shall retain 100% of all permitlicence fees recovered for the use of the Premises. 17.16.The Association shall submit a written report to the City every four months documenting the source and amount of all permitlicence fees received by the Association for the Premises. 18.17.The Association shall submit their annual financial statement to the City by February 15th of each year of the Term. Article III Term Term 19.18.The term of this Licenceease Agreement shall be twofive (25) years commencing on the Commencement Date and expiring on June 30, 20275. 20.19.Notwithstanding anything else contained herein, this Agreement may be terminated by either party for any reason upon threesix month’s notice to the other in writing. 21.20.Upon the expiry or earlier termination of this AgreementLease, the Association shall surrender to the City possession of the Premises and all the rights of the Association under this AgreementLease shall terminate (but the Association - 100 - 5 shall, notwithstanding such termination, be liable to the City for any loss or damage suffered by the City by reason of any default of the Association). 22.21.If the City terminatesshall declare this AgreementLease to be terminated pursuant to Section 1920, the City will not be liable to the Association for any damage or loss occasioned thereby. Overholding 23. If the Association remains in possession of the Premises after the expiry of the Term, there shall be no tacit renewal of this Lease or the Term, notwithstanding statutory provisions or legal presumption to the contrary, and the Association shall be deemed to be occupying the Premises from month to month upon the same terms, covenants and conditions as are set forth in this Lease insofar as they are applicable to a monthly tenancy. Article IV Licence FeeRent Licence FeeRent 24.22.The Association shall pay to the City as a licence feerent for the entire Term in lawful money of Canada the sum of One (1) Dollar ($1.00). Gross Lease 25. The City acknowledges that this is a gross lease and agrees to pay all charges, impositions and outlays of every nature and kind relating to the Premises except as expressly set out in this Lease. Article V Maintenance, Repairs and Alterations Maintenance of Premises 26.23.The Association shall maintain and operate the Premises so that the Premises shall always be of good appearance and suitable for proper operation. 27.24.The Association shall provide general maintenance services to the Premises at its expense and shall provide all necessary cleaning and maintenance supplies such as cleaning products, related paper products and cleaning equipment. 28.25.In accordance with the Occupational Health and Safety Act and the WHMIS Regulation R.R.O. 1990, Reg 860, as amended by O. Reg 36/93, or its - 101 - 6 successors, the Club shall be responsible forto maintaining a binder containing safety data sheets for all hazardous products stored or used on the Premises. The said binder must be always kept current at all times and be available for reference by users of said products. 29.26.The Association shall be responsible forto providinge the City with: (a) WHMIS training certification of individuals working with cleaning products and/or hazardous materials on the Premises and of Association members working alone or overseeing any maintenance tasks performed on the Premises; and (b) Completed Ministry of Labour Health & Safety Awareness Training for Supervisors for those same individuals. 30.27.The Association shall be responsible for all day-to-day operating expenses, including, but not limited to, garbage removal from the facility. The Association shall not be responsible for utilities. 31.28.The City shall provide snow removal services for the parking lot. The Association shall be responsible for snow removal on all sidewalks, walkways and all other areas of pedestrian passage on the Premises. 32.29.(1) Subject to subsection (2), the City shall be responsible for all inspections, preventative maintenance, and replacement at its sole discretion, with respect to: (a) HVAC equipment; (b) electrical systems (including lighting); (c) water supply, treatment and septic systems; (d) plumbing system and fixtures; (e) roofs; (f) exterior cladding; (g) doors and hardware; (h) parking lots; and (i) lawn care, landscaping and pest control. (2) The Association shall be responsible for any damages or costs incurred due to the misuse or negligence of the Association, its employees, invitees, servants, agents, or others under its control and the Association shall pay to the City on demand the expense of any repairs including the City’s reasonable administration charge necessitated by such negligence or misuse. 33.30.The Association shall immediately notify the City of any damage or unsafe conditions on the Premises. - 102 - 7 Security 34.31.The Association shall be responsible for the security of the Premises. The AssociationClub will ensure that no copies of the keys to the Premises are made or given to third parties (even temporarily) without the prior written consent of the City. Only AssociationClub representatives that have signed for keys with the City, or parties granted written consent by the City, will be authorized to be in the possession of keys to the Premises. 35.32.Any keys provided to the Association, or its licensees, must be returned to the City immediately upon request. Alterations/Improvements to Premises 36.33.The Association shall not make any alteration or additions to the premises without prior written consent of the City’s Director of Community Services. Any such preapproved alterations, additions or fixtures shall be at the sole cost and expense of the Association and shall be added to the City’s inventory of fixtures and shall form part of the City’s property. The Association acknowledges that it has no claim to any such alteration, addition, or fixture upon termination. only be permitted to make alterations and improvements to the Premises that have been approved by the City. Article VI Insurance and Indemnity Association's Insurance 37.34.The Association, at its sole cost and expense, shall take out and keep in full force and effect throughout the Term, (a) insurance upon property owned by it which is located on the Premises; and (b) commercial general liability insurance pertaining to the Association’s liability to others in respect of injury, death or damage to property occurring upon, in or about the Premises, such insurance to be of an amount not less than five million dollars ($5,000,000.00) for claims per arising out of one occurrence. Such policy shall also name the City as an additional named insured and may not be cancelled unless prior notice by registered letter has been given to the City by the insurer 30 days in advance of the expiry date. 38.35.Prior to the Commencement Date, the Association shall file with the City a Certificate of Insurance in a form satisfactory to the City Treasurer, verifying that - 103 - 8 the commercial general liability insurance policy is in effect and setting out the essential terms and conditions of the insurance. 39.36.The provision of the insurance policy required by this Section shall not relieve the Association from liability for claims not covered by the policy or which exceed its limits, if any, for which the Association may be held responsible. 40.37.The Association is responsible for insuring all of their equipment, contents, and leasehold improvements. Insurance Risks 38. The Association shall not do, omit to do, or permit to be done or omitted to be done upon the Premises anything that may contravene or be prohibited by any of the City’s insurance policies in force from time to time covering or relevant to any part of the Premises or which would prevent the City from procuring its policies with companies acceptable to the City. If the conduct of business in the Premises or any acts or omission of the Association on the Premises causes or results in any increase in premiums for any of the City’s insurance policies, the Association shall pay such increase to the City. Limitation of City's Liability 41.39.The City shall not be liable for any bodily injury or death of any person, or loss or damage to any property belonging to the Association or its employees, invitees or licensees or its guests, or to any other person in, on or about the Premises, unless caused by the gross negligence of the City. Indemnification 42.40.The Association shall indemnify and save harmless the City, its directors, officers, employees, elected officials, agents, contractors and representatives from and against any and all actions, losses, damages, claims, costs and expenses (including, without limiting the generality of the foregoing, all claims for personal injury, death and/or property damage) and also damages arising from any breach of this AgreementLease by the Association or from any act or omission of the Association or those for whom the Association is at law responsible in or around the Premises arising from the Association’s use and occupation of the Premises pursuant to this Agreement. The City shall not be liable for any loss or damage to any property belonging to the Association or to any other persons or for any injury to any person while such person or property is on the Premises, unless such loss, damage or injury is caused directly by the wilful misconduct or negligence of the City, or those for whom the City is at law responsible. This provision shall survive the expiration or earlier termination of this Agreement Lease. Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Tab after: 0.75" + Indent at: 0.75" Formatted: Font: Bold - 104 - 9 Article VII Remedies on Default City's Right to Re-Enter 43.41. The City reserves the right to re-enter the premises at any time for any reason without notice. The City will provide reasonable notice if it deems practical to do so based on its sole discretion.If any amount payable to the City under this Lease shall remain unpaid for fifteen (15) days after the Association has received notice thereof, then it shall be lawful for the City at any time thereafter to re-enter the Premises. City's Right to Remedy Default 44.42.In addition to all other remedies the City may have under this AgreementLease and in law, if the Association is in default of any of its obligations under this AgreementLease, and such default has continued for a period of ten (10) days after receipt of notice by the Association (or such longer period as may be reasonably required in the circumstances to cure such default, except in an emergency where the City will not be required to give notice), the City, without prejudice to any other rights which it may have with respect to such default, may remedy such default and the Association shall be responsible for all such costs. Waiver 45.43.No condoning, excusing or overlooking by the City of any default, breach or non-observance by the Association at any time or times in respect of any covenant, obligation or agreement under this AgreementLease shall operate as a waiver of the City’s rights hereunder in respect of any continuing or subsequent default, breach or non-observance, or so as to defeat or affect in any way the rights of the City in respect of any such continuing or subsequent default or breach, and no waiver shall be inferred from or implied by anything done or omitted by the Association save only an express waiver in writing. Article VIII Miscellaneous Quiet Enjoyment 46. The City shall permit the Association to peaceably possess and enjoy the Premises during the Term without any interference from the City, or any person lawfully claiming by, from or under the City provided the Association is not in default. - 105 - 10 Right of Entry 47. The Association agrees to permit the City and authorized representatives of the Formatted: No bullets or numbering City to enter the Premises at any time for the purpose of inspecting the Premises. The City shall use its best efforts to minimize the disruption to the Association's use of the Premises during any such entry. Signs 48.44.The Association may only erect signs on the Premises with the City’s prior written approval. All such signs shall be removed from the Premises at the end of the Term. Compliance with Laws 49.45.The Association, at its sole cost and expense, shall comply with all legal requirements (including statutes, laws, by-laws, regulations, ordinances, orders, rules and regulations of every governmental authority having jurisdiction) that relate to the use of the Premises by the Association or the making of any improvements to the Premises by the Association. Notice 50.46.Any notice required to be given by the City to the Association under this AgreementLease shall be in writing and shall be delivered to the Premises or such other address of which the Association has notified the City in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this AgreementLease. 51.47.Any notice required to be given by the Association to the City under this AgreementLease shall be in writing and shall be delivered to The Corporation of the City of Pickering, Pickering Civic Complex, One The Esplanade, Pickering, Ontario, L1V 6K7 (Attention: City Clerk) or such other address of which the City has notified the Association in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this AgreementLease. Successors and Assigns 52.48.This AgreementLease shall enure to the benefit of and be binding upon the parties and their respective successors (including any successor by reason of amalgamation or statutory arrangement) and permitted assigns. Title 53.49.The Association hereby agrees to keep title to the Premises, including every part thereof, free and clear of any lien, encumbrance or security interest or notice - 106 - 11 thereof. The Association shall not enter into any agreements for the Premises which would run with the Premises and become an obligation of the City upon termination or expiration of this Agreement.Lease. Force Majeure 54.50.The City shall not be liable for any damages caused by any delay or failure to perform the whole or any part of this AgreementLease, where such performance is made impossible or impractical due to any cause direct or indirect, beyond the control of the City, including, but not limited to, labour disruptions, strikes, lockouts, fire, flood, storms, acts of nature, natural disasters, acts of war, insurrection and terrorism, outbreak, pandemic, epidemic, disease or emergency. Registration 55.51.The Association shall not have the right to register this AgreementLease or notice thereof against title to the Premises or any part thereof. - 107 - ________________________________ ________________________________ ________________________________ ________________________________ 12 In Witness Whereof the parties have executed this Lease as of the date first written above. The Corporation of the City of Pickering Kevin Ashe, Deputy Mayor Susan Cassel, City Clerk Mt. Zion Community Centre Association MurrayEvelyn Jones, President I have authority to bind the Association and I am also signing in my personal capacity. Ruth Taylor, Treasurer IWe have authority to bind the AssociationCorporation and I am also signing in my personal capacity. - 108 - Schedule “A” City’s Municipal Alcohol Policy The Corporation of the City of Pickering Community Services Department Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial September 28, 2004 Purpose: The purpose of this policy is to endeavour to ensure the appropriate management of the use and consumption of alcoholic beverages in municipally owned facilities; to avoid related problems and to ensure the safety and well-being of all participants and to protect the Corporation, its’ employees and volunteers. 1. Definitions Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial In this Policy, the term, (a) “Licensed function” means a function for which a permit has been issued by, or is otherwise licensed by, the Liquor License Board of Ontario at which alcoholic beverages may be consumed. (b) “Closed private licensed function” means a licensed function determined by the Director, Community Services to be closed to the public and of a private nature. (c) “Designated facility” means a city owned building, park, open space, and associated parking lot designated by this policy as suitable for an indoor or outdoor licensed function. (d) “User” means a person, group, or association to whom the city has granted permission to use a designated facility for a licensed function. (e) “Director” means the City’s Director of the Community Services Department or designated. 2. Designated Facilities Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial (1) The following are designated facilities for indoor licensed functions: a. Brougham Community Centre - 109 - b. Dr. Nelson F. Tomlinson Community Centre (Claremont CC) c. Don Beer Sports Facility Community Centre d. East Shore Community Centre e. Front Street Community Centre f. Green River Community Centre g. Greenwood Community Centre h. Mount Zion Community Centre i. Pickering Civic Complex j. Chestnut Hill Developments Recreation Complex (Pickering Recreation Complex) k. Seniors Activity Centre l. West Shore Community Centre m. Whitevale Community Centre n. Whitevale Arts & Cultural Centre o. George Ashe Library & Community Centre (Petticoat Creek CC) p. Pickering Museum Village (2) The following are designated facilities for outdoor licensed functions: a. Claremont Community Park b. Dunmoore Park c. Kinsmen Park Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial d. Alex Robertson Park e. Pickering Museum Village 3. Alcohol Restrictions within designated facilities: Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial All designated facilities defined in this policy shall be deemed a “public place” and as such, in accordance with Section 31 of the Liquor License Act, R.S.O. 1990 c.L 19, no person shall have or consume or sell liquor in any designated facility unless a license or permit is issued or unless specifically covered by an L.L.B.O. permit. 4. Safe Transportation: Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial (1) Only those users implementing a safe transportation strategy (i.e. designated driver program, an alternate home transportation option) to prevent - 110 - intoxicated participants from driving will be permitted to use designated facilities for a licensed function. Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial (2) The Director may require a potential user to demonstrate that such a strategy will be implemented by the user if written permission to use the designated facility for a licensed function is granted. 5. No Alcohol and Low Alcohol Drinks (1) Only users offering a sufficient quantity of no alcohol and low alcohol drinks will be permitted to use designated facilities for licensed functions. Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial (2) The Director may require a potential user to demonstrate that such a strategy will be implemented by the user if written permission to use the designated facility for a licensed function is granted. 6. “Statement of Intoxication” Sign Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial (1) User of designated facilities for licensed functions shall display prominently in the facility a sign or signs indicating that it is illegal to serve participants to a state of intoxication. Such signs shall read as follows: City of Pickering – Community Services Department Statement of Intoxication It is contrary to the Liquor License Act of Ontario to serve persons to intoxication. For this reason, servers in this facility are required to obey the law and not serve anyone to intoxication. Should you wish a no alcohol or low alcohol “breather” round, request a soft drink, coffee, or small than usual portion of alcohol. Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial (2) Signs shall be provided by the City to users for display by them in designated facility during licensed function. 7. Participant Control (1) Only users providing sufficient controls to prevent underage intoxicated or rowdy persons from entering the designated facility, to refuse service to such person, and to remove such persons from the designated facility will be permitted to use designated facilities for licensed functions. Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial (2) Such controls shall include the following: - 111 - Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial a. Having a supervisor in charge of the licensed function present in the designated facility at all times during the function, b. Having at least two monitors at each entrance to the licensed function at all times during the function, c. Accepting only an age of majority card, a photo driver’s license or a passport as identification for entry, d. Having a monitor or monitors (other than entrance monitor) in the designated facility at all times during the function at least one monitor for every 200 participants, e. Using monitors and servers who are 19 years of age or older, f. Using monitors and servers who do not consume alcohol during the function, g. Providing a list of names of supervisors, monitors and servers to the Director prior to the function. Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial (3) The Director may require a potential user to demonstrate that such controls will be imposed by the user if written permission to use the designated facility for a licensed function is granted. (4) Closed private licensed functions are exempt from this section of the policy; however, users of designated facilities for closed private licensed functions shall be encouraged to impose voluntarily the controls set out above since they are not exempt from responsibility for compliance with the law and for the sobriety (5) and safety of participants. 8. Supervisor, Monitor, and Server Training Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial (1) Only users providing sufficient numbers of supervisors, monitors and servers that have attended an appropriate training course in server intervention will be permitted to use designated facilities for licensed functions. (2) Such training should utilize the Addiction Research Foundation course material, and may be provided, at a reasonable cost, through the Director, Community Services (3) The Director may require a potential user to demonstrate that sufficient numbers of supervisors, monitors and servers that have attended such a course will be provided by the user if written permission to use the designated facility for a licensed function is granted. Formatted: Font: (Default) Arial, 12 pt - 112 - Formatted: Font: (Default) Arial (4) Closed private licensed functions are exempt from this section of the policy; however, users of designated facilities for closed private licensed functions shall be encouraged to provide voluntarily properly trained supervisors, monitors and servers since such users are not exempt from responsibility for compliance with the law and for the sobriety and safety of participants Formatted: Indent: Left: 0.5", Add space between paragraphs of the same style, Line spacing: single, No bullets or numbering, No widow/orphan control 9. Insurance Formatted: Font: (Default) Arial Formatted: Indent: Left: 0.5", No bullets or numbering Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial (1) Only users having a minimum of $1,000,000 third party general liability insurance coverage, naming the Corporation of the City of Pickering as an additional insured, will be permitted to use designated facilities for licensed functions. (2) The Director may require a potential user to demonstrate that such insurance coverage is in place before written permission to use the designated facility for a licensed function is granted. 10. Accountability Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial (1) Users of designated facilities for licensed functions shall display prominently in the facility a sign or signs informing participants of the following: a. The name, address and telephone number of the user b. The name, address and telephone number of the representative of the user responsible for the function, c. The address and telephone number of the nearest police station, d. The address and telephone number of the of the Liquor License Boar of Ontario, e. The address and telephone number of the Director, Community Services Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial (2) A user that contravenes any city policy or procedure or any application law may be refused permission to use designated facilities for licensed functions, at the Directors direction; a. Indefinitely, or b. Until the user can demonstrate to the Director satisfaction that further contravention shall now occur. 11. Promoting the Policy: Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial The Director, Community Services, shall design and implement, in consultation with the Addition Research Foundation, a strategy to orient all potential users to the requirements of this policy and to promote this policy to the community at large. - 113 - Schedule “B” - 114 - Failure to comply with the below will result in loss of damage deposits. A. All Facilities  No confetti/rice is permitted in City facilities, parking lots, or grounds.  Facilities must be vacated by 2:00 am, ensuring that all decorations and function supplies have been removed.  Smoking any type of tobacco product is not permitted in any City facility. All city facilities are designated non-smoking (Durham Region By-Law No. 66-2002).  The City of Pickering cannot supply ladders or lift equipment to any permit holder. If this service is required, it must be arranged with and approved by the City of Pickering one week prior to the event.  Caterers, bartenders, disc jockeys, entertainers, liquor licences, etc. are the renter’s responsibility.  Liquor Licence must always be visible on the bar wall during the function, and while alcohol is on the premises.  Unnecessary noise which disturbs the peace, quiet, or comfort of any person in any type of residence, place of business, etc. in proximity to the facility is not permitted.  Decorating is the sole responsibility of the renter. Staples, tape, nails, glue, etc. are not permitted. Helium balloons are permitted, provided they are securely anchored and removed following the event.  As per liquor regulations, all bars must close at 1:00 am sharp. Set up times for your event is as per your permit. Facility Rules and Regulations Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5" - 115 - Attachment 2 to Report 16-25 Licence Agreement This Licence Agreement is effective as of the 1st day of July , 2025. Between: The Corporation of the City of Pickering (the "City") -and - Mt. Zion Community Centre Association (the "Association") Ar ticle I Interpretation Definitions 1.In this Agreement, (a)"Commencement Date" means July 1, 2025; (b)"Premises" means the entire facility known as Mt. Zion Community Centre located at 4230 Salem Rd, in the City of Pickering, Regional Municipality of Durham; (c)“Licence Fee” means the fee(s) payable pursuant to Section 22; and (d)"Term" means the term of this Licence Agreement as set out in Section 19. Headings 2.The division of this Licence Agreement into articles, sections, subsections and schedules and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. - 116 - 2 Schedule 3.Schedule “A” (City’s Municipal Alcohol Policy) and Schedule “B” (City’s Conditions of Agreement) are incorporated into and form part of this Agreement. Severability 4.All of the provisions of this Licence Agreement are to be construed as covenants even where not expressed as such. If any such provision is held to be or rendered invalid, unenforceable or illegal, then it shall be considered separate and severable from the rest of this Agreement and the remaining provisions of this Agreement shall remain in force. Number 5.Wherever a word importing the singular number only is used in this Agreement, such word shall include the plural. Words importing either gender or firms or corporations shall include the other gender and individuals, firms or corporation where the context so requires. Governing Law 6.This Agreement shall be governed by, and interpreted and enforced in accordance with, the laws in force in the Province of Ontario. Entire Agreement 7.This Agreement constitutes the entire Agreement between the parties concerning the Premises and may only be amended or supplemented by an agreement in writing signed by both parties. Article II Grant and Use G rant 8.In consideration of the performance by the Association of its obligations under this Agreement, the City is granting a non-exclusive licence to the Association to use the premises for the purpose described herein. - 117 - 3 Association’s Use of Premises 9.The Premises shall be used only for functions by not-for-profit organizations, other organizations pre-approved in writing by the City, charity events, non- commercial receptions and for no other purpose without the prior written consent of the City which consent may be arbitrarily withheld. The Premises shall not be used for the delivery of programs, services, activities or events which are directly or indirectly in competition with those offered by the City of Pickering. 10.The Association is only permitted to use the Premises when the Premises is open to the public. The Association is required to use the Premises within the same operating hours as the Premises’ operating schedules, which schedules shall be approved by the City from time to time. The City reserves the right, in its sole discretion, to alter the operating schedules and the City will not be responsible for any losses or damages including any lost revenues and/or expenses incurred by the Association due to operating schedule changes and/or Premises closures, for any reason whatsoever. Nuisance 11. The Association shall not carry on any activities or do or suffer any act or thing that constitutes a nuisance, or which is offensive or an annoyance to the City. City’s Use of Premises Takes Priority 12.The City shall always have the right to use the Premises for its own purposes as required and, in such instances, shall give the Association reasonable notice of its intention to use the premises in order to minimize and avoid any scheduling conflicts. The City’s needs take priority. The Association shall not be entitled to any rental fees or other remuneration associated with the use of the Premises by the City. Assignment 13.The Association shall not assign this Licence without the prior written consent of the City, which consent may be arbitrarily withheld. Licences 14.The Association may grant permits to other third parties to use the premises if approved in writing by the City and provided, (a)the term of the permit does not exceed one (1) month; (b) the permit holder agr ees to comply with Sections 9 and 10 of this agreement; and - 118 - 4 (c )the Association agrees that it shall only charge such permit fees for the rental of the Premises at the rate that is approved by the City from time to time. The City and the Association shall establish the approved permit fee rate yearly throughout the Term. 15. The Association shall retain 100% of all permit fees recovered for the use of the Premises. 16. The Association shall submit a written report to the City every four months documenting the source and amount of all permit fees received by the Association for the Premises. 17.The Association shall submit their annual financial statement to the City by February 15th of each year of the Term . Article III Term T erm 18.The term of this Licence Agreement shall be two (2) years commencing on the Commencement Date and expiring on June 30, 2027. 19.N otwithstanding anything else contained herein, this Agreement may be terminated by either party for any reason upon three months’ notice to the other in writing. 20.U pon the expiry or earlier termination of this Agreement, the Association shall surrender to the City possession of the Premises and all the rights of the Association under this Agreement shall terminate (but the Association shall, notwithstanding such termination, be liable to the City for any loss or damage suffered by the City by reason of any default of the Association). 21.If the City terminates this Agreement pursuant to Section 19, the City will not be liable to the Association for any damage or loss occasioned thereby. A rticle IV Licence Fee Licence Fee 22. The Association shall pay to the City as a licence fee for the entire Term in lawful money of Canada the sum of One (1) Dollar ($1.00). - 119 - 5 Article V Maintenance, Repairs and Alterations Maintenance of Premises 23. The Association shall maintain and operate the Premises so that the Premises shall always be of good appearance and suitable for proper operation. 24. The Association shall provide general maintenance services to the Premises at its expense and shall provide all necessary cleaning and maintenance supplies such as cleaning products, related paper products and cleaning equipment. 25. In accordance with the Occupational Health and Safety Act and the WHMIS Regulation R.R.O. 1990, Reg 860, as amended by O. Reg 36/93, or its successors, the Club shall be responsible for maintaining a binder containing safety data sheets for all hazardous products stored or used on the Premises. The said binder must be always kept current and be available for reference by users of said products. 26. The Association shall be responsible for providing the City with: (a) WHMIS training certification of individuals working with cleaning products and/or hazardous materials on the Premises and of Association members working alone or overseeing any maintenance tasks performed on the Premises; and (b) Completed Ministry of Labour Health & Safety Awareness Training for Supervisors for those same individuals. 27. The Association shall be responsible for all day -to-day operating expenses, including, but not limited to, garbage removal from the facility . The Association shall not be responsible for utilities. 28. The City shall provide snow removal services for the parking lot. The Association shall be responsible for snow removal on all sidewalks, walkways and all other areas of pedestrian passage on the Premises. 29. (1) Subject to subsection (2), the City shall be responsible for all inspections, preventative maintenance, and replacement at its sole discretion, with respect to: (a) HVAC equipment; (b) electrical systems (including lighting); (c) water supply, treatment and septic systems; (d) plumbing system and fixtures; - 120 - 6 (e) roofs; (f) exterior cladding; (g) doors and hardware; (h) parking lots; and (i) lawn care, landscaping and pest control. (2) The Association shall be responsible for any damage or costs incurred due to the misuse or negligence of the Association, its employees, invitees, servants, agents, or others under its control and the Association shall pay to the City on demand the expense of any repairs including the City’s reasonable administration charge necessitated by such negligence or misuse. 30. The Association shall immediately notify the City of any damage or unsafe conditions on the Premises. Security 31. The Association shall be responsible for the security of the Premises. The Association will ensure that no copies of the keys to the Premises are made or given to third parties (even temporarily) without the prior written consent of the City. Only Association representatives that have signed for keys with the City, or parties granted written consent by the City, will be authorized to be in the possession of keys to the Premises. 32. Any keys provided to the Association, or its licensees, must be returned to the City immediately upon request. Alterations/Improvements to Premises 33. The Association shall not make any alteration or additions to the premises without prior written consent of the City’s Director of Community Services. Any such preapproved alterations, additions or fixtures shall be at the sole cost and expense of the Association and shall be added to the City’s inventory of fixtures and shall form part of the City’s property. The Association acknowledges that it has no claim to any such alteration, addition, or fixture upon termination. Article VI Insurance and Indemnity Association's Insurance 34. The Association, at its sole cost and expense, shall take out and keep in full force and effect throughout the Term, - 121 - 7 (a) insurance upon property owned by it which is located on the Premises; and (b) commercial general liability insurance pertaining to the Association’s liability to others in respect of injury, death or damage to property occurring upon, in or about the Premises, such insurance to be of an amount not less than five million dollars ($5,000,000.00) for claims per occurrence. Such policy shall also name the City as an additional named insured and may not be cancelled unless prior notice by registered letter has been given to the City by the insurer 30 days in advance of the expiry date. 35. Prior to the Commencement Date, the Association shall file with the City a Certificate of Insurance in a form satisfactory to the City Treasurer, verifying that the commercial general liability insurance policy is in effect and setting out the essential terms and conditions of the insurance. 36. The provision of the insurance policy required by this Section shall not relieve the Association from liability for claims not covered by the policy or which exceed its limits, if any, for which the Association may be held responsible. 37. The Association is responsible for insuring all their equipment, contents, and leasehold improvements. Insurance Risks 38. The Association shall not do, omit to do, or permit to be done or omitted to be done upon the Premises anything that may contravene or be prohibited by any of the City’s insurance policies in force from time to time covering or relevant to any part of the Premises or which would prevent the City from procuring its policies with companies acceptable to the City. If the conduct of business in the Premises or any acts or omission of the Association on the Premises causes or results in any increase in premiums for any of the City’s insurance policies, the Association shall pay such increase to the City. Limitation of City's Liability 39. The City shall not be liable for any bodily injury or death of any person, or loss or damage to any property belonging to the Association or its employees, invitees or licensees or its guests, or to any other person in, on or about the Premises, unless caused by the gross negligence of the City. Indemnification 40. The Association shall indemnify and save harmless the City , its directors, officers, employees, elected officials, agents, contractors and representatives - 122 - 8 from and against any and all actions, losses, damages, claims, costs and expenses (including, without limiting the generality of the foregoing, all claims for personal injury, death and/or property damage) and also damages arising from any breach of this Agreement by the Association or from any act or omission of the Association or those for whom the Association is at law responsible in or around the Premises arising from the Association’s use of the Premises pursuant to this Agreement. The City shall not be liable for any loss or damage to any property belonging to the Association or to any other persons or for any injury to any person while such person or property is on the Premises, unless such loss, damage or injury is caused directly by the wilful misconduct or negligence of the City, or those for whom the City is at law responsible. This provision shall survive the expiration or earlier termination of this Agreement. Article VII Remedies on Default City's Right to Re-Enter 41. The City reserves the right to re-enter the premises at any time for any reason without notice. The City will provide reasonable notice if it deems practical to do so based on its sole discretion. City's Right to Remedy Default 42. In addition to all other remedies the City may have under this Agreement and in law, if the Association is in default of any of its obligations under this Agreement (or such longer period as may be reasonably required in the circumstances to cure such default, except in an emergency where the City will not be required to give notice), the City, without prejudice to any other rights which it may have with respect to such default, may remedy such default and the Association shall be responsible for all such costs. Waiver 43. No condoning, excusing or overlooking by the City of any default, breach or non-observance by the Association at any time or times in respect of any covenant, obligation or agreement under this Agreement shall operate as a waiver of the City’s rights hereunder in respect of any continuing or subsequent default, breach or non-observance, or so as to defeat or affect in any way the rights of the City in respect of any such continuing or subsequent default or breach, and no waiver shall be inferred from or implied by anything done or omitted by the Association save only an express waiver in writing. - 123 - 9 Article VIII Miscellaneous Signs 44. The Association may only erect signs on the Premises with the City’s prior written approval. All such signs shall be removed from the Premises at the end of the Term. Compliance with Laws 45. The Association, at its sole cost and expense, shall comply with all legal requirements (including statutes, laws, by -laws, regulations, ordinances, orders, rules and regulations of every governmental authority having jurisdiction) that relate to the use of the Premises by the Association or the making of any improvements to the Premises by the Association. Notice 46. Any notice required to be given by the City to the Association under this Agreement shall be in writing and shall be delivered to the Premises or such other address of which the Association has notified the City in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Agreement. 47. Any notice required to be given by the Association to the City under this Agreement shall be in writing and shall be delivered to The Corporation of the City of Pickering, Pickering Civic Complex, One The Esplanade, Pickering, Ontario, L1V 6K7 (Attention: City Clerk) or such other address of which the City has notified the Association in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Agreement. Successors and Assigns 48. This Agreement shall enure to the benefit of and be binding upon the parties and their respective successors (including any successor by reason of amalgamation or statutory arrangement) and permitted assigns. Title 49. The Association hereby agrees to keep title to the Premises, including every part thereof, free and clear of any lien, encumbrance or security interest or notice thereof. The Association shall not enter into any agreements for the Premises which would run with the Premises and become an obligation of the City upon termination or expiration of this Agreement. - 124 - 10 Force Majeure 50. The City shall not be liable for any damages caused by any delay or failure to perform the whole or any part of this Agreement, where such performance is made impossible or impractical due to any cause direct or indirect, beyond the control of the City, including, but not limited to, labour disruptions, strikes, lockouts, fire, flood, storms, acts of nature, natural disasters, acts of war, insurrection and terrorism, outbreak, pandemic, epidemic, disease or emergency. Registration 51. The Association shall not have the right to register this Agreement or notice thereof against title to the Premises or any part thereof. - 125 - 11 In Witness Whereof the parties have executed this Lease as of the date first written above. The Corporation of the City of Pickering ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk Mt. Zion Community Centre Association ________________________________ Murray Jones, President I have authority to bind the Association and am also signing in my personal capacity. ________________________________ Ruth Taylor, Treasurer I have authority to bind the Association and am also signing in my personal capacity . - 126 - Schedule “A” City’s Municipal Alcohol Policy The Corporation of the City of Pickering Community Services Department September 28, 2004 Purpose: The purpose of this policy is to endeavour to ensure the appropriate management of the use and consumption of alcoholic beverages in municipally owned facilities; to avoid related problems and to ensure the safety and well-being of all participants and to protect the Corporation, its’ employees and volunteers. 1. Definitions In this Policy, the term, (a) “Licensed function” means a function for which a permit has been issued by, or is otherwise licensed by, the Liquor License Board of Ontario at which alcoholic beverages may be consumed. (b) “Closed private licensed function” means a licensed function determined by the Director, Community Services to be closed to the public and of a private nature. (c) “Designated facility” means a city owned building, park, open space, and associated parking lot designated by this policy as suitable for an indoor or outdoor licensed function. (d) “User” means a person, group, or association to whom the city has granted permission to use a designated facility for a licensed function. (e) “Director” means the City’s Director of the Community Services Department or designated. 2. Designated Facilities (1) The following are designated facilities for indoor licensed functions: a. Brougham Community Centre b. Dr. Nelson F. Tomlinson Community Centre (Claremont CC) c. Don Beer Sports Facility Community Centre - 127 - d. East Shore Community Centre e. Front Street Community Centre f. Green River Community Centre g. Greenwood Community Centre h. Mt. Zion Community Centre i. Pickering Civic Complex j. Chestnut Hill Developments Recreation Complex (Pickering Recreation Complex) k. Seniors Activity Centre l. West Shore Community Centre m. Whitevale Community Centre n. Whitevale Arts & Cultural Centre o. George Ashe Library & Community Centre (Petticoat Creek CC) p. Pickering Museum Village (2) The following are designated facilities for outdoor licensed functions: a. Claremont Community Park b. Dunmoore Park c. Kinsmen Park d. Alex Robertson Park e. Pickering Museum Village 3. Alcohol Restrictions within designated facilities: All designated facilities defined in this policy shall be deemed a “public place” and as such, in accordance with Section 31 of the Liquor License Act, R.S.O. 1990 c.L 19, no person shall have or consume or sell liquor in any designated facility unless a license or permit is issued or unless specifically covered by an L.L.B.O. permit. 4. Safe Transportation: (1) Only those users implementing a safe transportation strategy (i.e. designated driver program, an alternate home transportation option) to prevent intoxicated participants from driving will be permitted to use designated facilities for a licensed function. (2) The Director may require a potential user to demonstrate that such a strategy will be implemented by the user if written permission to use the designated facility for a licensed function is granted. - 128 - 5. No Alcohol and Low Alcohol Drinks (1) Only users offering a sufficient quantity of no alcohol and low alcohol drinks will be permitted to use designated facilities for licensed functions. (2) The Director may require a potential user to demonstrate that such a strategy will be implemented by the user if written permission to use the designated facility for a licensed function is granted. 6. “Statement of Intoxication” Sign (1) User of designated facilities for licensed functions shall display prominently in the facility a sign or signs indicating that it is illegal to serve participants to a state of intoxication. Such signs shall read as follows: City of Pickering – Community Services Department Statement of Intoxication It is contrary to the Liquor License Act of Ontario to serve persons to intoxication. For this reason, servers in this facility are required to obey the law and not serve anyone to intoxication. Should you wish a no alcohol or low alcohol “breather” round, request a soft drink, coffee, or small than usual portion of alcohol. (2) Signs shall be provided by the City to users for display by them in designated facility during licensed function. 7. Participant Control (1) Only users providing sufficient controls to prevent underage intoxicated or rowdy persons from entering the designated facility, to refuse service to such person, and to remove such persons from the designated facility will be permitted to use designated facilities for licensed functions. (2) Such controls shall include the following: a. Having a supervisor in charge of the licensed function present in the designated facility at all times during the function; b. Having at least two monitors at each entrance to the licensed function at all times during the function; c. Accepting only an age of majority card, a photo driver’s license or a passport as identification for entry ; - 129 - d. Having a monitor or monitors (other than entrance monitor) in the designated facility at all times during the function at least one monitor for every 200 participants; e. Using monitors and servers who are 19 years of age or older; f. Using monitors and servers who do not consume alcohol during the function; and g. Providing a list of names of supervisors, monitors and servers to the Director prior to the function. (3) The Director may require a potential user to demonstrate that such controls will be imposed by the user if written permission to use the designated facility for a licensed function is granted. (4) Closed private licensed functions are exempt from this section of the policy; however, users of designated facilities for closed private licensed functions shall be encouraged to impose voluntarily the controls set out above since they are not exempt from responsibility for compliance with the law and for the sobriety and safety of participants. 8. Supervisor, Monitor, and Server Training (1) Only users providing sufficient numbers of supervisors, monitors and servers that have attended an appropriate training course in server intervention will be permitted to use designated facilities for licensed functions. (2) Such training should utilize the Addiction Research Foundation course material, and may be provided, at a reasonable cost, through the Director, Community Services. (3) The Director may require a potential user to demonstrate that sufficient numbers of supervisors, monitors and servers that have attended such a course will be provided by the user if written permission to use the designated facility for a licensed function is granted. (4) Closed private licensed functions are exempt from this section of the policy; however, users of designated facilities for closed private licensed functions shall be encouraged to provide voluntarily properly trained supervisors, monitors and servers since such users are not exempt from responsibility for compliance with the law and for the sobriety and safety of participants. - 130 - 9.Insurance (1)O nly users having a minimum of $1,000,000 third party general liability insurance coverage, naming the Corporation of the City of Pickering as an additional insured, will be permitted to use designated facilities for licensed functions. (2)The Director may require a potential user to demonstrate that such insurance coverage is in place before written permission to use the designated facility for a licensed function is granted. 10.Accountability (1)U sers of designated facilities for licensed functions shall display prominently in the facility a sign or signs informing participants of the following: a.The name, address and telephone number of the user; b.The name, address and telephone number of the representative of the user responsible for the function; c.The address and telephone number of the nearest police station; d.The address and telephone number of the of the Liquor License Boar of Ontario; and e.The address and telephone number of the Director, Community Services. (2)A user that contravenes any city policy or procedure or any application law may be refused permission to use designated facilities for licensed functions, at the Directors direction; a.Indef initely, or b.Until the user can demonstrate to the Director satisfaction that further contravention shall now occur. 11.Promoting the Policy: The Director, Community Services, shall design and implement, in consultation with the Addition Research Foundation, a strategy to orient all potential users to the requirements of this policy and to promote this policy to the community at large. - 131 - Schedule “B” Conditions of Agreement 1) The City reserves the right to cancel any permit temporarily or permanently, should accommodation be required for special events, or in an emergency. 2) 50% of a payment is due at time of booking. This is a non-refundable deposit. The remaining 50% is due in full, 90 days prior to the permit date of the event. 3) Applicants must be members of authority I the organization seeking accommodation. Permit holders must be on site for the duration of the rental. 4) The facility is to be used only on the date(s) and time(s) specified, and only for the purpose names. No teen dances/parties, stags or stagettes are permitted in our halls. This permit is not transferrable. 5) The City will not be responsible for personal injury or damage or for the loss or theft of clothing or equipment of the applicants, or anyone attending on the invitation of the applicant or any persons contracted by the applicant. 6) The applicant shall be responsible for the conduct and supervision of all persons admitted the building(s) and grounds and shall see that all regulations contained herein are strictly observed. 7) Unnecessary noise which disturbs the peace, quiet, or comfort of any person in any type of residence, place of business, etc., in proximity to the facility shall not be permitted. 8) The exits must be kept free from obstruction in case of fire. a) The applicant must pay all damages arising from the use of the property. b) A damage/security deposit will be charged for all rentals, to be refunded at a later date, if no damage, excessive maintenance costs are incurred as a result of the facility rental. c) The applicant must pay such fees for extra work by custodians, etc., as the City may determine. 9) Games of chance, lottery, or gambling in any forms, contrary to law is strictly forbidden. 10) It shall be the responsibility of the applicant to see that all persons admitted to the function being held, have vacated the premises promptly by 2:00 am. 11) If liquor of any type is to be served, sold or available at the function, the applicant must obtain all necessary permits and licenses and must adhere to the City of Pickering ‘Alcohol Management Policy’. A copy of the liquor license must be posted on the wall during the function. 12) The City of Pickering requires every event have a minimum of $2,000.000 third party general liability insurance coverage. This insurance must be purchased as part of the rental process. - 132 - 13)For all special occasion permits, only monitors and servers that possess a server intervention program certificate will be permitted to use the designated facility. Information is available at www.smartserve.org. 14)The licensor reserves the right to provide security personnel or Pay -Duty Police at the expense of the licensee, should the Manager, Facility Programs and Administration deem it necessary. 15)Hall cancellations are subject to a $40.00 administration fee. 16)All cancellations must be received in writing ninety days prior to the function, or the entire rental fee will be forfeited. 17)All rental rates are subject to increase. Posts-dated cheques will not be accepted. 18)This contract is not valid unless it is signed and dated by the person renting the facility and returned as soon as possible to the Facility Booking Clerk. 19)Recreation Complex Staff will set-up the tables and chairs ‘provided’ a diagram of the layout is submitted one week preceding the function. You may obtain the diagrams at the Complex Information Desk. Any materials/articles dropped off prior to the function, or left after the function, must have prior approval from the Maintenance Department or designate. 20)If Complex Banquet Halls are rented, please use the outside entrance to Banquet Hall, do not use main Complex doors. Personal information contained on this form is collected pursuant to the Municipal Freedom of Information and Protection of Privacy Act and will be used for the purpose of administering facility rentals. Questions about this collection should be directed to the City Clerk, One the Esplanade, Pickering, ON L2qV K7, 905.420.4611. HST applies to this Rental – Registration No. 108078593 - 133 - Facility Rules and Regulations Failure to comply with the below will result in loss of damage deposits. A. All Facilities • No confetti/rice is permitted in City facilities, parking lots, or grounds. • Facilities must be vacated by 2:00 am, ensuring that all decorations and function supplies have been removed. • Smoking any type of tobacco product is not permitted in any City facility. All city facilities are designated non-smoking (Durham Region By -Law No. 66-2002). • The City of Pickering cannot supply ladders or lift equipment to any permit holder. If this service is required, it must be arranged with and approved by the City of Pickering one week prior to the event. • Caterers, bartenders, disc jockeys, entertainers, liquor licences, etc. are the renter’s responsibility. • Liquor Licence must always be visible on the bar wall during the function, and while alcohol is on the premises. • Unnecessary noise which disturbs the peace, quiet, or comfort of any person in any type of residence, place of business, etc. in proximity to the facility is not permitted. • Decorating is the sole responsibility of the renter. Staples, tape, nails, glue, etc. are not permitted. Helium balloons are permitted, provided they are securely anchored and removed following the event. • As per liquor regulations, all bars must close at 1:00 am sharp. • Set up times for your event is as per your permit. - 134 - Report to Executive Committee Report Number: ENG 10-25 Date: June 9, 2025 From: Richard Holborn Director, Engineering Services Subject: Proposed Community Safety Zone Liverpool Road File: A-1440 Recommendation: 1. That the attached draft by-law be enacted to amend Schedule “14” to By-law 6604/05 to provide for the regulation of Community Safety Zones on highways or parts of highways under the jurisdiction of The Corporation of the City of Pickering to provide for a Community Safety Zone on Liverpool Road, from Bushmill Street/Linwood Street to Halsey Lane; and, 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: The purpose of this report is to request Council to enact a by-law to establish a Community Safety Zone on Liverpool Road from Bushmill Street/Linwood Street to Halsey Lane. Area residents have expressed safety concerns with respect to speeding on Liverpool Road north of Bushmill Street/Linwood Street by Pine Ridge Secondary School. In response to these concerns, Engineering Services staff completed a traffic review on Liverpool Road. Based on the review completed, the proximity of two schools and parks in the area, the volume of pedestrians, and the current operating speed of the street, Engineering Services staff recommend approval of a Community Safety Zone on Liverpool Road, from Bushmill Street/Linwood Street to Halsey Lane. Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority of Advance Innovation & Responsible Planning to Support a Connected, Well-serviced Community. Financial Implications: The supply and installation of posts and Community Safety Zone signs can be accommodated within the 2025 Roads Current Budget. - 135 - ENG 10-25 June 9, 2025 Subject: Proposed Community Safety Zone Page 2 Discussion: The purpose of this report is to request Council to enact a by-law to establish a Community Safety Zone on Liverpool Road from Bushmill Street/Linwood Street to Halsey Lane. Area residents have expressed safety concerns with respect to speeding on Liverpool Road north of Bushmill Street/Linwood Street by Pine Ridge Secondary School. In response to these concerns, Engineering Services staff completed a traffic study on Liverpool Road, which included the following: •collection of traffic volumes and speed data using a portable speed tracker •review of signage and pavement markings Liverpool Road, north of Bushmill Street/Linwood Street, is a north/south local residential street with Pine Ridge Secondary School as a major traffic generator towards the north end. Liverpool Road has a 40 km/h posted speed limit. The City’s review indicated that the most recent speed study (June 2024) captured an average speed of 47 km/h, and an 85th percentile speed of 55 km/h. The 85th percentile speed is defined as the speed at which 85 percent of vehicles travel at or below. The traffic volume on Liverpool Road was measured at 3,541 vehicles per day for both the northbound and southbound directions, the majority of which arrived during the morning and afternoon school peak periods. All signs and markings are currently in accordance with the Ontario Traffic Manual. Based on the review, Engineering Services staff recommend that a Community Safety Zone be established on Liverpool Road, from Bushmill Street/Linwood Street to Halsey Lane, with the following justification: •Engineering Services staff recognize that there are many pedestrians using Liverpool Road, due to the proximity of Pine Ride Secondary School, Maple Ridge Public School, Maple Ridge Park, and Beverly Morgan Park. Pedestrians, especially children, walk and cycle to these schools. •Automated speed enforcement can be introduced on Liverpool Road with the introduction of a Community Safety Zone. This will lead to enforcement and an increase to adherence to the 40 km/h posted speed limit. Therefore, based on the proximity of two schools and parks in the area, the volume of pedestrians, and the current operating speed of the street, it is recommended that a Community Safety Zone be approved for Liverpool Road, from Bushmill Street/Linwood Street to Halsey Lane. The proposed Community Safety Zone on Liverpool Road is shown graphically in Attachment 1. The draft by-law amendment to Schedule 14 of By-law 6604/05, for the proposed Community Safety Zone can be found in Attachment 2. - 136 - ENG 10-25 June 9, 2025 Subject: Proposed Community Safety Zone Page 3 Attachments: 1.Proposed Community Safety Zone, Liverpool Road 2.Draft By-law Amendment to Schedule “14”, Community Safety Zones Prepared By: Approved/Endorsed By: Nathan Emery Richard Holborn, P. Eng. Coordinator, Traffic Programs & Operations Director, Engineering Services Nadeem Zahoor, P. Eng., M. Eng Manager, Transportation & Traffic NE:mjh Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Original signed by:Original signed by: Original signed by: Original signed by: - 137 - Attachment 1 to Report ENG 10-25 - 138 - The Corporation of the City of Pickering By-law No. Being a by-law to amend By-law 6604/05 providing for the regulating of traffic and parking, standing and stopping on highways or parts of highways under the jurisdiction of the City of Pickering and on private and municipal property. Whereas By-law 6604/05, as amended, provides for the regulating of community safety zones on highways, private property and municipal property within the City of Pickering; and Whereas, it is deemed expedient to amend Schedule 14 to By-law 6604/05 to provide for the regulation of community safety zones on highways or parts of highways under the jurisdiction of the Corporation of the City of Pickering. Specifically, this by-law is to provide for the inclusion of a Community Safety Zone on a portion of Liverpool Road. Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedule 14 to By-law 6604/05, as amended, is hereby further amended thereto by the following: Schedule 14 Community Safety Zones Column 1 Column 2 Column 3 Highway Limits (From/To) Prohibited Times or Days Add Liverpool Road Busmill Street / Anytime Linwood Street to Halsey Lane Attachment 2 to Report ENG 10-25 - 139 - By-law No. Page 2 By-law passed this 23rd day of June, 2025. ____________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk - 140 - Report to Executive Committee Report Number: ENG 11-25 Date: June 9, 2025 From: Richard Holborn Director, Engineering Services Subject: Proposed Parking and Stopping Restrictions, Various Locations Amendment to the Traffic and Parking By-law 6604/05 File: A-1440 Recommendation: 1. That the attached draft by-law be enacted to amend Schedule “1”, No Stopping, and Schedule “2”, No Parking, to By-law 6604/05 to provide for the regulation of stopping and parking restrictions on highways or parts of highways under the jurisdiction of The Corporation of the City of Pickering, specifically to address the proposed installation of stopping and parking restrictions on portions of Eyer Drive, Craighurst Court and Zents Drive; and, 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: The purpose of this report is to request Council to enact a by-law to allow for the inclusion of stopping and parking restrictions, specifically to address parking concerns on Eyer Drive, Craighurst Court and Zents Drive. In response to concerns from area residents and to promote traffic safety, Engineering Services staff propose stopping and parking restrictions at the following locations: • Eyer Drive – stopping restrictions are proposed to be extended by 50 metres on the west side, from Oklahoma Drive to 30 metres north of Hampton Court, 8:30 am to 4:30 pm, Monday to Friday. • Eyer Drive – parking restrictions are proposed at all times on the west side/south side of the curve on Eyer Drive from 30 metres north of Hampton Court to 55 metres north of Hampton Court. • Eyer Drive - parking restrictions are proposed at all times on the west side, from Oklahoma Drive to Stonebridge Lane. • Craighurst Court – parking restrictions are proposed from 315 metres east of Whites Road on the south side, around the bulb of the cul-de-sac, to 315 metres east of Whites Road on the north side, 7:00 am to 9:00 am, 3:00 pm to 5:00 pm, Monday to Friday, September 1st to June 30th. - 141 - ENG 11-25 June 9, 2025 Subject: Proposed Parking and Stopping Restrictions, Various Locations Page 2 • Zents Drive –parking restrictions are proposed on both sides of Zents Drive from Brock Road (R.R.#1) to 135 metres west thereof, anytime. Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority of Advance Innovation & Responsible Planning to Support a Connected, Well-Serviced Community. Financial Implications: The supply and installation of No Parking and No Stopping signs and posts can be accommodated within the 2025 Roads Current Budget. Discussion: The purpose of this report is to request Council to enact a by-law to allow for the inclusion of stopping and parking restrictions, specifically to address parking concerns on Eyer Drive, Craighurst Court and Zents Drive. In response to concerns from area residents and to promote traffic safety, Engineering Services staff propose the following modifications to Traffic and Parking By-law 6604/05: A. Parking and stopping restrictions are proposed on Eyer Drive to improve sightlines and congestion issues. Engineering Services staff have received on-street parking concerns from the residents of Eyer Drive stating that vehicles park on both sides of Eyer Drive north of Oklahoma Drive during Fairport Beach Public School arrival and dismissal times. Residents have also reported that vehicles park on both sides of Eyer Drive south of Oklahoma Drive on Sunday during the worship times of ServeCity Church as well as other times and throughout the week. This parking behaviour is causing congestion issues by reducing the width of Eyer Drive from two through lanes to one through lane. It is also causing sightline issues for drivers attempting to access Eyer Drive from side streets and residential driveways. In response to these concerns, staff investigated on-street parking on Eyer Drive and recommend increasing the length of stopping restrictions on the west side of Eyer Drive by 50 metres from Oklahoma Drive to 30 metres north of Hampton Court, 8:30 am to 4:30 pm, Monday to Friday. Restricting stopping on the west side on Eyer Drive during Fairport Beach Public School arrival and dismissal times will reduce congestion issues and sightlines for drivers accessing Eyer Drive from Hampton Court. Staff also recommend implementing parking restrictions (anytime) from 30 metres north of Hampton Court to 55 metres north of Hampton Court on the west side/south side of the curve on Eyer Drive. This will alleviate congestion issues and allow school buses to pass through with greater ease while also improving sightlines for drivers. Furthermore, staff recommended parking restrictions (anytime) on the west side of Eyer Drive, from Oklahoma Drive to Stonebridge Lane. These permanent parking restrictions will replace the temporary parking restrictions currently in place on Eyer Drive from Oklahoma Drive to 110 metres south of Oklahoma Drive. This will alleviate congestion issues during ServeCity - 142 - ENG 11-25 June 9, 2025 Subject: Proposed Parking and Stopping Restrictions, Various Locations Page 3 worship hours as well as from cars that park here throughout the week as reported by residents and confirmed by site visits conducted by staff. The proposed parking restrictions on Eyer Drive are shown graphically in Attachment 1 and Attachment 2. The draft by-law amendment to Schedule “1”, No Stopping and Schedule “2”, No Parking, of By-law 6604/05 is presented in Attachment 5. B. Parking Restrictions within the cul-de-sac of Craighurst Court to alleviate congestion issues and allow school buses to turn around. Engineering Services staff have received concerns from Durham Student Transportation Services that on-street parking prevents school buses from turning around within the cul-de- sac of Craighurst Court. Residents on Craighurst Court have also expressed concerns regarding on-street parking. This causes difficulty for the school bus drivers and delays the school bus. School buses only move in a forward direction and do not reverse as a best practice unless they have another staff member behind the school bus to guide the school bus and watch for obstructions. Engineering Services staff have investigated this concern and agree that Craighurst Court can be difficult for a school bus to navigate when there are vehicles parked around the perimeter of the cul-de-sac. Based on the investigation results, staff placed temporary parking restrictions (anytime) around the perimeter of the cul-de-sac on Craighurst Court. The temporary parking restrictions have been in place on Craighurst Court for over nine months. Engineering Services has received complaints from numerous residents indicating that parking restrictions within the cul-de-sac of Craighurst Court should be during school bus times only. Residents have stated having parking restrictions at all times is inconvenient for visitors and is unnecessary as the parking restrictions are intended to enable school buses to turn around. It is therefore recommended that permanent parking restrictions from 7:00 am to 9:00 am, 3:00 pm to 5:00 pm, Monday to Friday, September 1st to June 30th replace the temporary parking restrictions (anytime) within the cul-de-sac area of Craighurst Court, from 315 metres east of Whites Road on the south side, around the bulb of the cul-de-sac, to 315 metres east of Whites Road on the north side. The proposed parking restrictions on Craighurst Court are shown graphically in Attachment 3. The draft by-law amendment to Schedule “2”, No Parking, of By-law 6604/05 is presented in Attachment 5. C. Parking restrictions are proposed on Zents Drive Engineering Services staff was contacted by Fire Services staff from Fire Station #1 located at the intersection of Brock Road (R.R.#1) and Zents Drive with respect to impeded access to the fire station when vehicles are parked on Zents Drive. As such, Fire Services staff are requesting parking restrictions on Zents Drive in front of Fire Station #1. Therefore, it is recommended that permanent parking restrictions (anytime) on both sides of Zents Drive from Brock Road (R.R.#1) to 135 metres west be implemented - 143 - ENG 11-25 June 9, 2025 Subject: Proposed Parking and Stopping Restrictions, Various Locations Page 4 so that there are parking restrictions directly in front of Fire Station #1 and along the turn lanes on Zents Drive. The proposed parking restrictions on Zents Drive are illustrated in Attachment 4, and the draft by-law for the proposed parking restrictions on Zents Drive is provided in Attachment 5. Attachments: 1. Proposed Parking and Stopping Restrictions, Eyer Drive, north of Oklahoma Drive 2.Proposed Parking Restrictions, Eyer Drive, south of Oklahoma Drive 3. Proposed Parking Restrictions, Craighurst Court 4.Proposed Parking Restrictions, Zents Drive 5.Draft by-law Amendment to Schedule “1”, No Stopping, and Schedule “2”, No Parking to By-law 6604/05. Prepared By: Approved/Endorsed By: Ibrahim Aftab Richard Holborn, P. Eng. Technologist, Traffic Operations Director, Engineering Services Nathan Emery Coordinator, Traffic Programs & Operations Nadeem Zahoor, P. Eng., M. Eng Manager, Transportation & Traffic IA:mjh Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Original signed by:Original signed by: Original signed by: Original signed by: Original signed by: - 144 - Attachment 1 to Report ENG 11-25 - 145 - Attachment 2 to Report ENG 11-25 - 146 - Attachment 3 to Report ENG 11-25 - 147 - Attachment 4 to Report ENG 11-25 - 148 - The Corporation of the City of Pickering By-law No. Being a by-law to amend By-law 6604/05 providing for the regulating of traffic and parking, standing and stopping on highways or parts of highways under the jurisdiction of the City of Pickering and on private and municipal property. Whereas By-law 6604/05, as amended, provides for the regulating of traffic and parking on highways, private property and municipal property within the City of Pickering; and Whereas, it is deemed expedient to amend Schedule 1 and Schedule 2, to By-law 6604/05 to provide for the regulation of parking on highways or parts of highways under the jurisdiction of the Corporation of the City of Pickering. Specifically this by-law is to provide for the inclusion of stopping and parking restrictions on portions of Eyer Drive, Craighurst Court, Zents Drive. Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedule 1 to By-law 6604/05, as amended, is hereby further amended thereto by the following: Schedule 1 No Stopping Column 1 Column 2 Column 3 Column 4 Highway Side Limits (From/To) Prohibited Times or Days Delete Eyer Drive West Oklahoma Drive to Hampton Court 8:30 a.m. to 4:30 p.m. Monday to Friday Attachment 5 to Report ENG 11-25 - 149 - By-law No. Page 2 Schedule 1 No Stopping Column 1 Column 2 Column 3 Column 4 Highway Side Limits (From/To) Prohibited Times or Days Add Eyer Drive West Oklahoma Drive to 30 metres north of Hampton Court 8:30 a.m. to 4:30 p.m. Monday to Friday 2. Schedule 2 to By-law 6604/05, as amended, is hereby further amended thereto by the following: Schedule 2 No Parking Column 1 Column 2 Column 3 Column 4 Highway Side Limits (From/To) Prohibited Times or Days Add Craighurst Court Both 315 metres east of Whites Road to east limit (around the cul-de-sac) 7:00 am to 9:00 am 3:00 pm to 5:00 pm Monday to Friday September 1 to June 30 Eyer Drive West and South 30 metres north of Hampton Court to 55 metres north of Hampton Court Anytime Eyer Drive West Oklahoma Drive to Stonebridge Lane Anytime Zents Drive Both Brock Road (R.R.#1) to 130 west thereof Anytime - 150 - By-law No. Page 3 3. By-law passed this 23rd day of June, 2025. ____________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk - 151 - Report to Executive Committee Report Number: ENG 12-25 Date: June 9, 2025 From: Richard Holborn Director, Engineering Services Subject: Road Servicing Agreement with Ontario Power Generation Inc. Sandy Beach Road and Montgomery Park Road File: A-1440 Recommendation: 1. That the City of Pickering enter into a Road Servicing Agreement with Ontario Power Generation Inc. to facilitate the design, approvals and construction for the rehabilitation of Sandy Beach Road from south of Bayly Street to Montgomery Park Road, and the reconstruction of Montgomery Park Road from Sandy Beach Road to approximately 400m east and south of McKay Road; 2. That the Mayor and City Clerk are hereby authorized to execute the Road Servicing Agreement between the City of Pickering and Ontario Power Generation Inc. in substantially the same form as attached to this report, subject to revisions acceptable to the Director, Engineering Services, the Director, City Infrastructure and the Director, Corporate Services & City Solicitor; and, 3. That the appropriate officials of the City of Pickering be authorized to take the actions necessary to implement the recommendations in this report. Executive Summary: The purpose of this report is to receive Council approval to execute a Road Servicing Agreement with Ontario Power Generation Inc. (OPG) to facilitate the design, approvals and construction for the rehabilitation of Sandy Beach Road from south of Bayly Street to Montgomery Park Road, and reconstruction of Montgomery Park Road from Sandy Beach Road to approximately 400m east and south of McKay Road. OPG will be undertaking a significant refurbishment project for units 5 to 8 at the Pickering Nuclear Generating Station (PNGS) located at 1675 Montgomery Park Road. The refurbishment project is anticipated to commence early 2027 and be completed in 2034. To ensure successful completion of the on-site works, OPG requires the surrounding public roads, Sandy Beach Road and Montgomery Park Road, to be brought up to a standard suitable to support increased traffic from construction vehicles, trades, deliveries and staff personnel anticipated during the seven year refurbishment project. OPG requires the road work to be completed to base asphalt prior to the end of 2026 so that the work on-site can commence, unimpeded, in early 2027. - 152 - ENG 12-25 June 9, 2025 Subject: Road Servicing Agreement with Ontario Power Generation Inc. Page 2 OPG has agreed to undertake the road works in order to meet the required timeline, at their cost. By entering into a Road Servicing Agreement for design, approvals and construction, the City of Pickering will be able to facilitate the required works to be undertaken by OPG, meeting City of Pickering standards. In order for OPG to complete the works on Sandy Beach Road, in the required timeline, the City of Pickering’s project to urbanize the road will be paused until after the completion of the PNGS refurbishment project. The works to be undertaken by OPG on Sandy Beach Road primarily consists of rehabilitation of the existing granular road base and asphalt surface. Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority of Advance Innovation & Responsible Planning to Support a Connected, Well-Serviced Community. Financial Implications: The cost to undertake the preliminary engineering studies, reports and investigations, the detailed design and approvals, and the construction of both Sandy Beach Road and Montgomery Park Road will be at the expense of OPG and at no expense to the City. City of Pickering staff will endeavour to further the requirements for the Sandy Beach Road ultimate urbanization project by continuing to work with Elexicon, Bell and Rogers on completing the relocation of the utility pole line, pursuing the purchase of property required for the replacement of the cross road culvert south of Alyssum Street, and completing the design of the roadworks, as these processes are currently underway and are vital to undertaking the ultimate project in the future. The reconstruction of Montgomery Park Road between Sandy Beach Road and McKay Road is in the Capital Forecast to be undertaken in 2028. As OPG will be undertaking this work at their expense, the project will no longer need to be identified in the Capital Forecast or approved in a future Capital Budget. The project was estimated at $5.8 million to be funded 50% by Development Charges and 50% City share to cover the benefit to existing development. Discussion: The purpose of this report is to receive Council approval to execute a Road Servicing Agreement with OPG to facilitate the design, approvals and construction for the rehabilitation of Sandy Beach Road from south of Bayly Street to Montgomery Park Road, and reconstruction of Montgomery Park Road from Sandy Beach Road to approximately 400m east and south of McKay Road. OPG PNGS Refurbishment OPG will be undertaking a significant refurbishment project for the PNGS. This facility has been providing reliable, carbon-free energy to the province for over five decades, meeting approximately 14% of Ontario's electricity needs. The refurbishment project, approved by the Province of Ontario in January 2025, focuses on Units 5 to 8 of the station, and is expected to - 153 - ENG 12-25 June 9, 2025 Subject: Road Servicing Agreement with Ontario Power Generation Inc. Page 3 begin in early 2027. This initiative aims to extend the operational life of these units by an additional 30 years, thereby ensuring continued support for Ontario's economic growth, electrification, and decarbonization efforts. The refurbishment of the PNGS encompasses extensive engineering, design, and procurement activities aimed at upgrading and modernizing the facility. Key components, including turbine generators and boilers, will be replaced or enhanced to improve efficiency and reliability. This project will secure over 2,100 megawatts of clean, reliable nuclear power, sufficient to supply approximately 2 million homes. Furthermore, it will sustain thousands of highly skilled jobs and significantly contribute to the local and provincial economy by injecting $19 billion over the refurbishment period into the City of Pickering, Durham Region, and across the province, while boosting Canada’s GDP by over $40 billion. This initiative is essential for meeting Ontario's future energy demands and supporting the community's growth and sustainability. To ensure the timely completion and overall success of the refurbishment project, and to support the construction vehicles, trades, and staff personnel during the refurbishment, OPG requires the surrounding public roads, Sandy Beach Road and Montgomery Park Road, to be suitable for handling the increased traffic. As the City of Pickering does not have an approved budget or resources available to implement necessary improvements to these roads, nor the capacity to meet the timeline required by OPG to facilitate the commencement of refurbishment work, OPG is entering into a road servicing agreement with the City of Pickering. This agreement will enable OPG to take the lead in reconstructing these roads to meet the required standards, in collaboration with the City of Pickering. Through recent discussions regarding the PNGS Refurbishment Project, the OPG Team has indicated a need for Montgomery Park Road from Sandy Beach Road to east of McKay Road be reconstructed due to the anticipated truck traffic, and for Sandy Beach Road from south of Bayly Street to Montgomery Park Road to be rehabilitated due to anticipated additional traffic for the workers/contractors that will be coming to the site. OPG’s requirement is to have both road projects completed by the end of 2026 in order to commence refurbish operations commencing as early as January 2027. Sandy Beach Road The City, through its consultant TYLin International Canada Inc., is completing the design for the reconstruction and urbanization of Sandy Beach Road from Bayly Street to Montgomery Park Road. The anticipated construction timeline was to start in 2026 and be complete by end of year in 2027. Timing is dependent upon some external factors such as land acquisition and utility relocations which need to be completed in advance of Tendering the project. In order to have the roadworks completed earlier, by the end of 2026, to support the requirements of OPG, an interim solution such as rural cross section rehabilitation will have to be implemented. This will require the postponement of the City’s Sandy Beach Road reconstruction project for approximately 8-10 years, resulting in a level of service reduction and/or negative impacts to the following areas: - 154 - ENG 12-25 June 9, 2025 Subject: Road Servicing Agreement with Ontario Power Generation Inc. Page 4 • There is a major culvert replacement on Sandy Beach Road south of Alyssum Street that will support a corresponding project and minimize flood risk along Krosno Creek upstream of Sandy Beach Road. The replacement of this culvert will be delayed. • There is a proposed multi-use path as well as sidewalk for the entire extent of Sandy Beach Road as part of this project. This will provide pedestrian access and an active transportation route to the waterfront trail and other waterfront parks/amenities. These improvements will be delayed. • There are several sanitary sewer and watermain improvements on behalf of the Region of Durham that are included in the scope of the ultimate project that will be delayed. • Intersection improvements at Bayly Street and Sandy Beach Road to be undertaken by the Region will likely be postponed or constructed separately by the Region of Durham. • The City of Pickering will be subject to an increase in construction cost due to the delay of the ultimate Sandy Beach Road project. The interim solution for Sandy Beach Road that will be completed by OPG under this Road Servicing Agreement shall include but not be limited to the following: • replacement of asphalt surface and granular base to meet the requirements of a full load road; • ditch and drainage improvements where required to support adequate road drainage; • a temporary sidewalk to be installed along the east side of Sandy Beach Road from Bayly Street to the Waterfront Trail crossing at Kinsmen Park if grades and boulevard space allows; • roadside safety improvements as necessary to support the interim solution; and, • pavement markings and signage. Montgomery Park Road Montgomery Park Road is currently in the City’s Capital Forecast for 2028. The limits are from Sandy Beach Road to McKay Road. There is currently no approved funding available for improvements to this road. It has been identified by OPG that the current road condition will not support the estimated volume of truck and employee traffic for the duration of the PNGS Refurbishment Project. It has also been indicated by the OPG Team that Montgomery Park Road will be used as a main haul route to support soil movement from site (estimated at 500 trucks per day for a period of four years). This will cause a significant amount of stress on the City’s road structure in its current state. The scope of reconstruction that will be completed by OPG under this Road Servicing Agreement shall include but not be limited to the following: • full depth reconstruction of the road structure to meet the requirements of a full load road; • ditch and drainage improvements where required to support adequate road drainage; - 155 - ENG 12-25 June 9, 2025 Subject: Road Servicing Agreement with Ontario Power Generation Inc. Page 5 • intersection improvements to include left turn lanes at Brock Road and Montgomery Park Road (to be determined and confirmed by the Region of Durham); • roadside safety improvements as necessary; • pavement markings and signage; and, • streetlighting modifications as required. The execution of a Road Servicing Agreement with OPG for the design, approvals, and construction required to rehabilitate Sandy Beach Road, and reconstruct Montgomery Park Road will protect the City by ensuring the works are completed to the City’s satisfaction. OPG has retained a project manager and design consultants to carry out all of the necessary engineering required pursuant to the agreement. OPG will be responsible for the procurement of construction services and to retain a qualified contractor to undertake and guarantee the works, workmanship, and materials for a period of two years following the issuance of the Completion Acceptance Certificate by the City. The Road Servicing Agreement also covers items such as insurance requirements, general indemnities and liability. As the roadworks will impact the general public who use Sandy Beach Road and Montgomery Park Road, City staff will work collaboratively with OPG staff to inform residents, user groups and businesses in the vicinity of construction throughout the duration of the project. Construction notices will be prepared and distributed to those affected, and information regarding the project will be published in the City’s social media channels. Attachments: 1. Draft Road Servicing Agreement 2. Location map - 156 - ENG 12-25 June 9, 2025 Subject: Road Servicing Agreement with Ontario Power Generation Inc. Page 6 Prepared By: Approved/Endorsed By: Kevin Heathcote, P. Eng. Richard Holborn, P. Eng. Division Head, Capital Projects & Infrastructure Director, Engineering Services Brian Duffield Director, City Infrastructure Fiaz Jadoon, EC.D., CEcD, MPM Director, Economic Development & Strategic Projects RH:mjh Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Original signed by:Original signed by: Original signed by: Original signed by: Original signed by: - 157 - This Agreement is made ____________________ (the “Effective Date”), B e t w e e n: ONTARIO POWER GENERATION INC. (“OPG”) and The Corporation of the City of Pickering (the “City”). Whereas OPG requires certain specific parts of roads servicing its Pickering Nuclear Generating Station (“PNGS”) to be constructed, rehabilitated and/or upgraded to a state of repair sufficient to support the vehicular traffic OPG anticipates as part of its refurbishment of Reactor Units 5-8 at PNGS (the “Project”); Whereas, the City wishes to retain OPG to perform, and OPG wishes to undertake, certain works described herein on certain lands described herein, subject to the terms and conditions of this Agreement; and Whereas, OPG intends the work to be done to roads under this Agreement will be completed to base course asphalt by November 1, 2026 and that the surface works on the Lands will be completed prior to June 30, 2027. Whereas, in this Agreement each of City and OPG is a “Party” and together they are the “Parties”. The Parties agree as follows: 1.Lands Affected (1)The lands and premises affected by this Agreement are: (a)Montgomery Park Road between Sandy Beach Road and Brock Road being the road allowance between Range 3, Concession Broken Front and Range 2, Concession Broken Front; the road allowance between Ranges 2 and 3, Concession Broken Front between Brock Road and McKay Road; Part of the road allowance between Ranges 2 and 3, Concession Broken Front; part of Lots 17 and 18, Range 2, Concession Broken Front, being Parts 1, 2 and 3, Plan 40R-12330, City of Pickering; and (b)Sandy Beach Road between Bayly Street and Montgomery Park Road, being the road allowance between Lots 20 and 21, Range 3, Concession Broken Front; Part Lot 20, Range 3, Concession Broken Front, being Part 1, Plan 40R-3953; Part Lot 21, Concession Broken Front as in PI6585, City of Pickering; (hereinafter referred to as the “Lands”). That portion of the Lands that is indicated in yellow highlight on Schedule C attached hereto is hereinafter the “OPG Work Lands”. (2)The City warrants and represents that the City is the sole legal and beneficial owner of the OPG Work Lands, free and clear of encrumbrances, encroachments or adverse interests of any kind, and the City has not subleased, assigned, licensed or otherwise granted to any person the right to use or occupy the OPG Work Lands or any portion thereof and that City has sufficient rights and authority to grant OPG the rights, authorizations and permissions purported to be granted by City to OPG under this Agreement, including without limitation under Section 9 hereof. OPG may rely on this representation and warranty for purposes of the OPG Works and this Agreement, without independent verification. For the purpose of clarification, nothing in this Agreement confers any interest in OPG in the OPG Work Lands or the Lands. Attachment 1 to Report ENG 12-25 - 158 - 2 2. Status of this Agreement (1) This Agreement is entered into and executed by OPG for the purpose of having each Party act in reliance on the covenants by the other Party contained herein. (2) Time shall be of the essence of this Agreement. 3. Interpretation (1) Whenever in this Agreement the pronoun “it” is used, it shall be read and construed as “he”, “she”, “they”, “him”, “her” or “them”, and the number of the verb agreeing therewith shall be construed accordingly. (2) Wherever in this Agreement the word “Director” is used, it shall mean the City’s Director, Engineering Services. 4. Notice (1) Any notice required in writing in this Agreement shall be delivered to the following address: to OPG at: Ontario Power Generation Inc. 889 Brock Road Pickering, Ontario L1W 3J2 Attention: Nahil Rahman Email: nahil.rahman@opg.com Pickering Nuclear Refurbishment Program With a copy to: Attention: Zeina Elhami, Chief Supply Officer 230 Westney Rd. S., 7th Floor Ajax, Ontario L1S 7J5 Email: zeina.elhami@opg.com Pickering Nuclear Refurbishment Program and to the City at: Attention: Richard Holborn, Director, Engineering Services Pickering Civic Complex One The Esplanade Pickering, ON L1V 6K7 Email: rholborn@pickering.ca (2) Notice shall be sufficiently given if delivered in person, sent by registered mail or electronic means using the electronic method set forth above. (3) Each notice shall be sent during normal business hours, on a business day and shall be deemed to have been received as follows: (a) delivered in person – on the day it was delivered; (b) sent by registered mail – on the third business day after it was mailed (excluding each business day during which there existed any general interruption of postal services due to strike, lockout or other cause); or (c) delivered by electronic means – at the time of such delivery. (4) OPG may change its address for notice by giving notice to the Director in the manner provided above. 5. Binding Parties - 159 - 3 This Agreement shall be enforceable by and against each of the Parties hereto, their heirs, executors, administrators, successors and assigns. 6. Right to Enter (1) The City reserves the right, by its officers, employees or agents (“City Personnel”), to enter on the OPG Work Lands, as well as any improvement(s) constructed by OPG on the OPG Work Lands as part of the OPG Works, to ensure that any such OPG Works required to be provided, constructed or installed by OPG on the OPG Work Lands comply with this Agreement. The City will endeavour to notify OPG in advance of entering the OPG Work Lands while OPG or its subcontractors are present carrying out the OPG Works. (2) If City Personnel enter on the OPG Work Lands pursuant to this Section 6 they shall not interfere with OPG and/or its subcontractors in their performance of the OPG Works or otherwise as they act in their role as “Constructor” under the Occupational Health and Safety Act (Ontario), the Regulation for Construction Projects (O. Reg. 213/91) or other applicable regulations, save and except that City or City Personnel may communicate any resulting requests or demands in connection with the OPG Works to OPG. 7. General Undertakings OPG shall complete the OPG Works, as defined in Section 10 below, at the OPG Work Lands under this Agreement in a good workmanlike manner for the City, subject to the terms and conditions of this Agreement. 8. OPG’s Expense The OPG Works which OPG is obligated in any way to perform under this Agreement shall be deemed to include the words "at the expense of OPG and at no expense to the City" unless expressly stated otherwise or the context requires otherwise. 9. Authorizations The City, in its capacity as the registered owner of the Lands and as the municipality in which the Lands are situate and at no charge or cost to OPG, hereby authorizes, permits and grants its consent to OPG and its contractors entering onto the OPG Work Lands and performing the OPG Works, as defined in Section 10 below, on and to the OPG Work Lands in accordance with this Agreement. 10. Construction, Upgrading and Installation of Works and Services (1) OPG shall, at its expense, perform the works to be completed by OPG on the OPG Work Lands in accordance with this Agreement including Schedule A and Schedule B attached hereto (hereinafter called the “OPG Works”). In performing the OPG Works, OPG is entitled to rely on the City’s representation and warranty provided under Section 1(2). (2) OPG agrees that the OPG Works shall be completed in accordance with the approved designs for the OPG Works that are outlined in the attached Schedule A and Schedule B. (3) The OPG Works shall be constructed and installed at the OPG Work Lands in a good and workmanlike manner under the supervision of OPG’s Consulting Engineer and under the observation of City Personnel. 11. Authorization to Commence Work OPG shall not commence the construction or installation of any of the OPG Works, without the written Authorization to Commence Work of the Director, which Authorization shall not be issued until all approvals required under applicable laws and regulations for the OPG Works have been obtained and, - 160 - 4 (a) two copies of this Agreement executed by OPG have been provided to the City; (b) all monies, securities and evidence of insurance requirements, as required from OPG under this Agreement, have been delivered to the City to the satisfaction of the Director, Corporate Services & Treasurer and the Director; (c) all approvals and permits have been obtained by OPG from the appropriate agencies, and from every owner of land adjacent to the Lands whose adjacent lands must be entered upon in order to carry out such OPG Works. The City shall use best efforts to facilitate and fast track the granting of the approvals and permits required for the OPG Works so that OPG can meet its intended timeline for completion of the OPG Works, at no cost or expense to OPG. 12. Consulting Engineers (1) OPG shall retain a Professional Engineer as the Consulting Engineer of OPG to carry out all the necessary engineering required as part of the OPG Works under this Agreement and to supervise the OPG Works required to be done pursuant to this Agreement. (2) Such Consulting Engineer, or any successor thereto, shall continue to be retained until the OPG Works are completed and formally accepted by the City. (3) OPG may change from one Consulting Engineer to another at any time or times during the undertaking of such OPG Works, so long as OPG has a Consulting Engineer retained at all times it is required to retain a Consulting Engineer under this Agreement. 13. Communications The City, and not OPG, shall be responsible to carry out all communications with the public, City constituents, owners of lands abutting the OPG Work Lands, third party users of the OPG Work Lands and their representatives with respect to the work done or to be done under this Agreement. OPG may direct any such communications to the City for response. 14. Guarantee of Works, Workmanship and Materials (1) Upon OPG completing the OPG Works, OPG shall notify the City and the City shall inspect the OPG Works and, provided OPG has complied in all respects with Section 10 hereof, issue to OPG, without undue delay and in any case within 30 days, a certificate certifying that the OPG Work has been completed in accordance with this Agreement (the “Completion Acceptance Certificate”). OPG shall guarantee that all workmanship and materials employed or used in the construction, installation or completion of the OPG Works and other requirements of OPG under this Agreement comply with the applicable requirements in this Agreement for a period of two years (the "Maintenance Period") following the issuance of the Completion Acceptance Certificate by the City, subject to Section 14(2). (2) Despite any other provisions of this Agreement, the responsibilities of OPG during the Maintenance Period shall include the maintenance of the OPG Works to the applicable requirements in this Agreement, including the rectification of any OPG Works that are inconsistent with the requirements for the OPG Work under Schedule A or Schedule B attached hereto. For certainty, such maintenance shall not require OPG to do snow plowing, cleaning, ditch clearing or similar activities during the Maintenance Period. (3) Prior to the end of the Maintenance Period, OPG's Consulting Engineer shall submit to the City, "as built" construction drawings for the OPG Works completed as per City standards, together with that Consulting Engineer's certificate that those drawings accurately depict the OPG Works as constructed. (4) Prior to the end of the Maintenance Period, the City will re-inspect the OPG Works and if, - 161 - 5 (a) the OPG Works are consistent with the applicable requirements under Schedule A or Schedule B attached hereto; and (b) OPG has performed all of its obligations under the terms of this Agreement as reasonably determined by the City, the City will issue to OPG a certificate (the “Final Acceptance Certificate”) without undue delay but in any case within 30 days, certifying that the condition in subsection 14(4) has been satisfied, at which time the City will assume municipal responsibility, care and control of the OPG Works and the operation and maintenance thereof, and the Maintenance Period will then end. 15. Failure to Complete / Improper Performance (1) If, in the opinion of the Director, acting reasonably, OPG is not constructing or installing the OPG Works, or causing them to be constructed or installed, within the specified time or so that they may be completed within the specified time, or is performing the OPG Works in breach of its obligations under this Agreement, or has neglected or abandoned them before completion, or has unreasonably delayed them so that the terms and conditions of this Agreement are being violated, or such Works are being executed carelessly or in bad faith, or has neglected or refused to renew or again perform OPG Works rejected by the Director as failing to comply with the requirements of this Agreement, or has in any other manner, in the reasonable opinion of the Director, defaulted in the performance of the terms and conditions of this Agreement, then the Director may notify OPG in writing of the default or neglect and if OPG then fails to commence diligent efforts to remedy the default or neglect within the next seven days, then the Director shall, upon written notice to OPG, have full authority to make any payment or do anything, including but not limited to obtaining materials, tools and machinery and employing persons, required for the proper completion of the OPG Works or rectification of the default, at the cost and expense of OPG or its surety, or both on notice to OPG. (2) In cases of emergency, in the opinion of the Director, such Director may act without prior notice but OPG shall be notified forthwith. (3) The City’s out of pocket expenses (which, for certainty, shall exclude overhead costs) of rectifying the default shall be calculated by the Director, acting reasonably and supported by paid invoices and other reasonable documentation, and may be charged to OPG for reimbursement, together with a 15 per-cent engineering and administration fee. 16. Occupational Health and Safety (1) OPG certifies that it is aware of its duties and obligations under the Occupational Health and Safety Act, or any successor thereto, and all Regulations thereunder (herein called the “Act”), and shall ensure that its employees, contractors, subcontractors and their employees, (b) are aware of their respective duties and obligations under the Act; and (c) have sufficient knowledge and training to perform all OPG Works and services OPG is required to perform pursuant to this Agreement safely and in compliance with the Act. (2) In the performance of all OPG Works required pursuant to this Agreement, OPG shall, (a) act safely and comply in all respects with the Act; and (b) ensure that its employees, contractors, subcontractors and their employees act safely and comply in all respects with the Act. (3) OPG shall rectify any unsafe act or practice and any non-compliance with the Act carried out as part of the performance of the OPG Works immediately upon being notified by any person of the existence of such act, practice or non-compliance. (4) OPG shall permit City personnel on the OPG Work Lands where any OPG Works or services required pursuant to this Agreement are being performed at any time or times for the purpose of inspection to determine compliance with this section. If City - 162 - 6 Personnel enter on the OPG Work Lands pursuant to this subsection 4 they shall not interfere with OPG and/or its subcontractors in their performance of the OPG Works or otherwise as they act in their role as “Constructor” for the OPG Works under the Occupational Health and Safety Act (Ontario), the Regulation for Construction Projects (O. Reg. 213/91) or other applicable regulations, save and except that City or any City representative may communicate any resulting requests or demands in connection with the OPG Work to OPG. (5) No act or omission by the City or any representative of the City (including the entering into of this Agreement) shall be deemed to be an assumption of any of the duties or obligations of OPG, its employees, contractors, subcontractors and their employees under the Act. (6) OPG shall indemnify and save harmless the City: (a) from any loss, damage or cost to the City which results from OPG or any of its employees, contractors, subcontractors and their employees failing to comply in all respects with the Act in the performance of any OPG Works or service performed by OPG pursuant to this Agreement; and (b) against any action or claim, or costs related thereto, brought by a third party against the City by any person arising out of any non-compliance with the Act by OPG or any of its employees, contractors, subcontractors and their employees in the performance of any OPG Works pursuant to this Agreement. 17. Road Maintenance and Repair (1) From the date that OPG commences the OPG Works at the OPG Work Lands until the Completion Acceptance Certificate is issued to OPG, OPG shall maintain all City roads inside the OPG Work Lands, including boulevards, in a mud and dust free condition and free of obstructions, where the source or cause of the mud, dust or obstruction is the OPG Works; and (2) repair all City roads inside the Lands, including boulevards, where damage has occurred as a result of the OPG Works OPG shall, within a reasonable time of written notification by the Director and/or the Director, Community Services or their designate to it or its representatives, undertake such OPG Works as are necessary to clean, clear or repair any City road within the OPG Work Lands requiring such OPG Works pursuant to Section 17(1). 18. Insurance Requirements (1) Beforethe Effective Date, OPG shall supply the City with a certificate of insurance verifying that a commercial general liability insurance policy is in place, naming the City as an additional insured with respect only to liability arising from the operations of OPG and its contractors, subcontractors, agents and employees in the performance of this Agreement covering loss arising from claims for damages to tangible property or injury to persons in connection with the OPG Works done by or on behalf of OPG on the OPG Work Lands. (2) The policy shall, (a) name the City of Pickering as an additional insured with respect only to liability arising from the operations of OPG and its contractors, subcontractors, agents and employees in the performance of this Agreement; (b) set the limit at $10,000,000.00 all inclusive for property damage and personal injury; (c) indicate “per occurrence”; (d) refer to “products and completed operations” only; if the policy contains an “aggregate amount”; (e) contain a clause including blasting, if blasting is to occur; and (f) remain in full force and effect until the Final Acceptance Certificate has been issued by the City. - 163 - 7 (3) The policy premium shall be paid initially for a period of one year and the policy shall be renewed for further one-year periods until the Final Acceptance Certificate has been issued by the City. (4) Without limitation to Section 19(4) of this Agreement, the provision of the insurance policy required by this section shall not relieve OPG from liability for claims not covered by the policy or which exceed its limits, if any, for which OPG may be held responsible. 19. General Indemnities and Limit of Liability (1) Until the Director, Engineering Services has issued the Final Acceptance Certificate for the OPG Works, OPG shall defend and indemnify the City and its employees, contractors and agents (the “City Parties”) from all losses, damages, costs, expenses, claims, demands and actions of every nature and kind whatsoever, including for death or injury (collectively referred to as ‘losses’), claimed by a third party against a City Party to the extent arising directly or indirectly from OPG breaching its obligations under this Agreement. (2) The City shall defend and indemnify OPG, its contractors, and their employees, contractors and agents (the “OPG Parties”), from and against all losses, damages, costs, expenses, claims, demands and actions of every nature and kind whatsoever, including for death or injury (collectively referred to in this paragraph as ‘losses’), claimed by a third party against any of the OPG Parties to the extent such losses arise in connection with this Agreement and do not arise directly or indirectly from OPG breaching its obligations under this Agreement. (3) When a Party (the “Indemnifying Party”) is required to indemnify anyone (the “Indemnitee”) under this Agreement, the Indemnifying Party will assume on behalf of the Indemnitee and conduct with due diligence and in good faith the defense of any subject claim (“Claim”) against the Indemnitee, whether or not the Indemnifying Party will be joined therein, and the Indemnitee will use not less than reasonable efforts to cooperate with the Indemnifying Party in such defense. The Indemnifying Party will have charge and direction of the defense and settlement of such Claim; provided, however, that without relieving the Indemnifying Party of its obligations hereunder or impairing the Indemnifying Party’s right to control the defense or settlement thereof; the Indemnitee may elect to participate in the negotiation, settlement or defense thereof through separate counsel in the defense of any such Claim, but the fees and expenses of such counsel will be at the expense of the Indemnitee. The Indemnifying Party will not settle any such Claim without the written consent of the Indemnitee, which consent will not be unreasonably withheld or delayed. (4) Notwithstanding any term in this Agreement, OPG’s maximum liability in connection with this Agreement (regardless of the legal theory upon which any such damages claim is based, even upon tort (including negligence), statute, regulation or any other theory of law or strict liability) will not exceed the total amount of insurance proceeds obtained by OPG under its policies of insurance to the extent required to be maintained under Section 18 of this Agreement. 20. Confidential Information (1) In preparation for, and in the course of, providing the Works, OPG or City (as the case may be, a “Disclosing Party”) may disclose to the other Party (a “Receiving Party”) certain information which is confidential, a trade secret or otherwise proprietary to a Disclosing Party, including this Agreement and the fact that OPG is providing the Works (collectively, the “Confidential Information”). For certainty, the Receiving Party will be fully responsible and liable for any disclosure of Disclosing Party’s Confidential Information to or by any of its employees or its subcontractors or their employees. Confidential Information does not include, however, information that a Receiving Party is able to demonstrate to a Disclosing Party’s satisfaction, acting reasonably: (a) was or becomes generally known to the public through no fault of a Receiving Party or their respective shareholders, directors, officers, partners, members, representatives, agents, advisors or any of the Receiving Party’s personnel or any other person for whom the Receiving Party is responsible at law; - 164 - 8 (b) was specifically known by the Receiving Party before disclosure by the Disclosing Party and was not subject to any confidentiality obligation; (c) was developed or ascertained independently without reference to the other Party’s Confidential Information; or (d) was received from a third party without such third party being under a duty of confidentiality. (2) All Confidential Information remains, at all times, the exclusive property of the respective Disclosing Party. Except as expressly set out in this subsection 20(2), a respective Receiving Party has no license or other right to use or disclose any Confidential Information for any purpose whatsoever. Such Receiving Party may use Confidential Information only in respect of the preparation for, and the providing of, the Works and services to be performed under this Agreement, including in negotiations with proposed subcontractors. Such Receiving Party will ensure that none of its or its subcontractors’ current or former shareholders, directors, officers, partners, members, representatives, agents and advisors or any of its personnel or any other person for whom such Receiving Party or any subcontractor is responsible at law will use any of the Confidential Information for any purposes other than those expressly set out in subsections 20(1) and 20(2). (3) At any time after completion of the Works and expiry of the Maintenance Period, at a Disclosing Party’s request, a respective Receiving Party will deliver promptly to such Disclosing Party all, or such Disclosing Party-specified portion of, the Confidential Information, together with all copies, extracts or other reproductions in whole or in part of such Confidential Information. In addition, at any time, at such Disclosing Party’s request, such Receiving Party will destroy, demonstrably, promptly and irrevocably: (a) all such copies, extracts or other reproductions of Confidential Information, or a Disclosing Party-specified portion of Confidential Information, which cannot, because of the device on which such Confidential Information is stored, be removed from the possession of such Receiving Party by delivery to such Disclosing Party; and (b) all documents, designs, drawings, specifications, plans, reports, information and other deliverables or data whatsoever (regardless of the form, medium or device on or in which such Confidential Information is written, recorded, stored or reproduced) prepared in respect of the Services and which is based on any of the Confidential Information. (4) Notwithstanding the foregoing, (i) OPG and City may each keep one copy of the other Party’s Confidential Information for purposes of submitting such Confidential Information to a governmental authority or for such other purposes to the extent reasonably necessary and where permitted under this Agreement; and (ii) each Receiving Party will not be obligated to erase or destroy the Disclosing Party’s Confidential Information that is contained in an archived computer system back up system, provided that in respect of (i) and (ii), such retained copies of Confidential Information will: (a) continue to be considered Confidential Information and continue to be subject to the provisions of this Section 20 for the duration of their retention; (b) be retained and destroyed in accordance with the Receiving Party’s standard retention, security or disaster recovery procedures, and (c) with respect I(c), be subject to restricted access, with no attempts being made to recover such retained copies of Confidential Information from such archived computer system back up system. Following such delivery and destruction, the Receiving Party will promptly provide the Disclosing Party with written confirmation of completion. (5) Each Receiving Party acknowledges that each Disclosing Party would not have an adequate remedy at law for money damages if the Receiving Party fails to fulfil any of - 165 - 9 its obligations under this Section 20. Accordingly, in addition to any other remedies under this Agreement, each Disclosing Party will be entitled to seek any injunction, specific performance or other remedy in law or equity (without being required to post a bond or other security), in respect of any breach or threatened breach of this Section 20 and in which case, each Receiving Party consents to any such injunction, specific performance or other remedy in law or equity. (6) To the extent a Party, or its subcontractor, collects, handles, uses or discloses personal information in connection with this Agreement, each such Party covenants and agrees that it and/or its designee will adhere to and comply with all applicable laws and regulations regarding privacy and protection of personal information including Canada’s Personal Information Protection and Electronic Documents Act and Ontario’s Municipal Freedom of Information and Protection of Privacy Act. (7) City acknowledges and agrees that OPG is subject to the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31, as amended from time to time (“FIPPA”), the Ontario Energy Board Act, S.O. 1998, c. 15, as amended from time to time, and the Ontario Energy Board Rules of Procedure (collectively, “FIPPA and OEB Legislation”). OPG will comply with its obligations under the FIPPA and OEB Legislation. OPG acknowledges and agrees that City is subject to the Municipal Freedom of Information and Protection of Privacy Act (Ontario), as amended from time to time (“MFIPPA”). City will comply with its obligations under the MFIPPA. (8) Subject to the provisions of FIPPA and OEB Legislation, OPG will use reasonable commercial efforts to safeguard the confidentiality of any information identified by City as confidential but will not be liable in any way whatsoever to City if such information is disclosed based on an order or decision of the Information and Privacy Commissioner of Ontario, Ontario Energy Board or otherwise as required by Applicable Law. (9) City acknowledges that OPG is subject to supervision and regulation by governmental authorities and may be required to provide such governmental authorities with explanations or information that is supplemental to the information that OPG is required to provide under applicable laws and regulations. Accordingly, City agrees that OPG will have the right to: (i) provide a governmental authority with valid jurisdiction over the matter, or another person as directed by such a governmental authority, with access to and copies of any documents (including Confidential Information) prepared by or for City, a subcontractor or OPG in respect of the Works or services to be performed under this Agreement, including audit reports and associated working papers and recommendations; and (ii) with respect to any audit, monitoring or inspection rights of OPG under this Agreement, permit such a governmental authority to attend with OPG or, at the request of OPG, attend independently. 21. Force Majeure (1) In this Agreement, “Force Majeure Event” means fire, flood, tidal wave, lightning, earthquake, cyclone, tornado, hurricane, explosion, severe ice-storm, epidemic or pandemic disease, embargo, sanction, boycott, legal strike or lockout (excluding lockouts initiated solely by City or its employees, or work to rule activities), war, riot or act of public enemies, including terrorists, or site related blockades (other than labour related events). (2) If either Party is prevented or delayed by the occurrence of a “Force Majeure Event” from carrying out any of its obligations hereunder, the obligations of such Party, insofar as its obligations are affected by the Force Majeure Event, will be suspended while (but only for so long as) the Force Majeure Event continues to prevent or delay the performance of such obligations. Any Party intending to rely on the occurrence of a Force Majeure Event for the suspension of its obligations will promptly give the other Party notice of the Force Majeure Event, including reasonably full particulars in respect thereof. 22. Termination (1) The term of this Agreement shall commence on the Effective Date and shall continue until the date the City delivers the Final Acceptance Certificate to OPG (the “Term”). - 166 - 10 (2) OPG may terminate this Agreement for convenience by giving written notice to City within 45 days after 100% of the design submission has been completed for the work described in the Appendices attached hereto. (3) Upon expiry or termination of this Agreement OPG shall promptly remove its equipment from the OPG Work Lands. All obligations under this Agreement which, by their nature, survive termination of this Agreement shall survive termination or expiry of this Agreement in accordance with their terms. 23. Entire Agreement This Agreement, including for certainty all Schedules hereto, constitutes the entire agreement between the parties regarding the subject matter and, except for any amendment, supersedes all other agreements, negotiations, discussions, undertakings, representations, warranties and understandings, whether written or verbal, including any request for proposals, any bid proposal and any amendments or restatements of any such request or bid. Specifically, except as expressly provided in this Agreement, OPG has not made any representations, warranties or guarantees whatsoever respecting the Works or this Agreement, including any statements or other information previously provided to City or respecting any physical conditions, labour conditions or scheduling. 24. Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which taken together shall be deemed to constitute one and the same document. The execution of this Agreement will not become effective until counterparts hereof have been executed by all the parties hereto. Counterparts may be executed either in original or electronic form and the parties adopt any signatures received in electronic form as original signatures of the parties. [The remainder of this page is intentionally blank.] - 167 - 11 In witness whereof OPG and the City have duly executed this Agreement as of the date first written above. Ontario Power Generation Inc. __________________________________________ Name: Title: __________________________________________ Name: Title: I/We have the authority to bind the Corporation. The Corporation of the City of Pickering __________________________________________ Kevin Ashe, Mayor __________________________________________ Susan Cassel, City Clerk - 168 - 12 Schedule ‘A’ City of Pickering Sandy Beach Road Rehabilitation Scope of Work Requirement: Engineering consultant services to complete the civil and associated design for the rehabilitation of Sandy Beach Road in Pickering, Ontario. Project: Rehabilitation of Sandy Beach Road to a full load Type ‘C’ Arterial rural road standard from south of Bayly Street to Parkham Crescent and a full load Local Collector rural road standard from approximately 180m south of Parkham Crescent to Montgomery Park Road. The project includes all items listed under Scope of Work. Scope of Work: The Consultant will prepare detailed road reconstruction design drawings for Sandy Beach Road referencing all applicable City of Pickering, Region of Durham and Provincial design standards. The Consultant will also prepare all associated design drawings for asphalt sidewalk installation (where feasible), drainage modifications improvements as necessary, roadside safety modifications as necessary, pavement markings and signage, complete with all required reports, permits, approvals, cost estimates and specifications required for construction. Scope of Services for Detailed Design -Undertake geotechnical investigation, as required, to inform recommended rehabilitation treatment and road structure for proposed traffic volumes and full load requirements -Complete all excess soil management planning requirements to satisfy O.Reg. 406/19, including but not limited to Assessment of Past Uses, Sampling and Analysis Plan, Soil Characterization Report, Excess Soil Destination Assessment Report and Registry filing through RPRA. -Undertake subsurface utility engineering investigation as required including utility coordination for any associated relocations. -Undertake road design for the rehabilitation of Sandy Beach Road to a full load rural Type ‘C’ Arterial road standard from south of Bayly Street to Parkham Crescent and a full load rural Local Collector road standard from approximately 180m south of Parkham Crescent to Montgomery Park Road with a minimum pavement width of 6.7 metres with granular shoulders. -If feasible, undertake design of minimum 1.5m wide asphalt sidewalk in locations where no sidewalk exists from south of Bayly Street connecting to the existing sidewalk south of Streamside Courtnorth of Kinsmen Park. -Undertake photometric analysis to review existing streetlights. -Undertake / prepare traffic analysis, construction staging and traffic management plan ensuring access maintained to businesses, park facilities and residents as required. -Undertake stormwater management review to ensure ditch sizing, outlet locations to facilitate road drainage, etc. -Coordination and submission of all associated agency approvals. -The consultant shall work in conjunction with the City to contact adjacent landowners for any permission of entry / access to private property as necessary for investigation, detailed design or construction purposes. -The design package shall be submitted to the City of Pickering at the following stages - 169 - 13 o Preliminary design submission (50%) o Detailed design submission (90%) o Final design submission (100%) -Attend meetings with the City and associated stakeholders on a monthly basis to review proposed design, assess any opportunities for enhancements, efficiencies, or cost savings, co-ordinate reviews, identify issues and obtain approvals. -Prepare preliminary and final cost estimates for proposed works. -The final design package shall include but not be limited to the following drawings: o Removal plans, erosion and sediment control plans, plan & profile drawings, cross-sections (20m), typical sections and construction details, `intersection grading plans, pavement marking and signage plans, construction staging / traffic management plans, and landscaping / environmental / restoration drawings, - 170 - 14 Schedule ‘B’ City of Pickering Montgomery Park Road Reconstruction Scope of Work Requirement: Engineering consultant services to complete the civil and associated design for the reconstruction of Montgomery Park Road in Pickering, Ontario. Project: Reconstruction of Montgomery Park Road to a full load Local Collector rural road standard from Sandy Beach Road to 80m east of McKay Road and 320m southerly following the current configuration of Montgomery Park Road The project includes all items listed under Scope of Work. Scope of Work: The Consultant will prepare detailed road reconstruction design drawings for Montgomery Park Road referencing all applicable City of Pickering, Region of Durham and Provincial design standards. The consultant will also prepare all associated design drawings for Waterfront Trail modifications, drainage modifications as necessary, roadside safety modifications as necessary, pavement markings and signage, streetlighting modifications deemed necessary complete with all required reports, permits, approvals, cost estimates and specifications required for construction. Scope of Services for Detailed Design -Undertake topographic survey as required to update existing information provided by City of Pickering including creation of digital terrain model for design purposes. -Undertake geotechnical investigation to inform recommended road structure for proposed traffic volumes and full load requirements. -Complete all excess soil management planning requirements to satisfy O.Reg. 406/19, including but not limited to Assessment of Past Uses, Sampling and Analysis Plan, Soil Characterization Report, Excess Soil Destination Assessment Report and Registry filing through RPRA. -Undertake subsurface utility engineering Investigation as required including utility coordination for any associated relocations. -Undertake road design for the reconstruction of Montgomery Park Road to a full load rural Local Collector road standard with minimum 8.0 metre pavement width with gravel shoulder, where practical. -Undertake design of improvements and temporary modifications to the Waterfront Trail to accommodate truck movements from site. -Undertake photometric analysis to review existing streetlights including streetlighting design and associated approvals if modifications are necessary. -Undertake / prepare traffic analysis, construction staging and traffic management plan ensuring access maintained to businesses and residents as required. -Undertake stormwater management review to ensure ditch sizing, outlet locations, etc. -Coordination and submission of all associated agency approvals. -The consultant shall work in conjunction with the City to contact adjacent landowners for any permission of entry / access to private property as necessary for investigation, detailed design or construction purposes. - 171 - 15 -The design package shall be submitted to the City of Pickering at the following stages o Preliminary design submission (50%) o Detailed design submission (90%) o Final design submission (100%) -Attend meetings with the City and associated stakeholders on a monthly basis to review proposed design, assess any opportunities for enhancements, efficiencies, or cost savings, co-ordinate reviews, identify issues and obtain approvals. -Prepare preliminary and final cost estimates for proposed works. The final design package shall include but not be limited to the following drawings: o Removal plans, erosion and sediment control plans, plan & profile drawings, cross- sections (20m), typical sections and construction details, intersection grading plans, pavement marking and signage plans, construction staging / traffic management plans, streetlight electrical drawings (as required), and landscaping / environmental / restoration drawings. - 172 - 16 SCHEDULE C Lands [Attach drawing showing the Lands specifying the OPG Work Lands in yellow highlight] - 173 - - 174 - - 175 - Report to Executive Commitee Report Number: SUS 03-25 Date: June 9, 2025 From: Kyle Bentley Director, City Development & CBO Subject: Local Enhancement and Appreciation of Forests Tree Planting Program Update and Extension File: D-7001-031 Recommendation: 1. That Report SUS 03-25 regarding an update on Local Enhancement and Appreciation of Forests Backyard Tree Planting program results, and the proposed extension be received; 2. That the Mayor and City Clerk be authorized to execute a two-year extension to the joint agreement between the Region of Durham, the Local Enhancement and Appreciation of Forests organization, and participating municipalities, as set out in Attachment 1 of this report, to deliver the tree planting program from July 1, 2025, to June 30, 2027, subject to the terms and conditions satisfactory to Director, City Development & CBO, and Director, Corporate Services & City Solicitor; 3. That appropriate City staff be directed to take the necessary actions as indicated in this report; and 4. That staff report back on program results and proposed next steps at the conclusion of the agreement term. Executive Summary: The purpose of this report is to provide an update on the City’s participation in the Local Enhancement and Appreciation of Forests (LEAF) Backyard Tree Planting Program to date. The report also serves to seek Council approval to execute a two- year extension of the agreement with the LEAF, continuing the program from July 1, 2025 to June 30, 2027. The LEAF Backyard Tree Planting program provides Pickering community members with an accessible and subsidized opportunity to plant native trees and shrubs on private property. Since the City joined the program in 2020, the aim has been to plant a minimum of 40 native trees (or equivalent using 3-shrubs-to-1-tree ratio) each year, helping to enhance the urban tree canopy. Participant feedback from those engaged in this program has been positive based on survey responses (see Attachment 2). By the end of June 2025, it is anticipated that a total of 210 trees and shrubs (reflecting 3-shrubs-to-1-tree ratio) will have been planted. In Pickering, the program has been actively promoted through the City’s website, social media, community events, digital signage, print materials, and the Sustainable Pickering eNewsletter. - 176 - SUS 03-25 June 9, 2025 Subject: Local Enhancement and Appreciation of Forests Tree Planting Page 2 As per Resolution #350/20, the City of Pickering initially joined the LEAF Backyard Tree Planting program in 2020 as a pilot program. Through Resolution #623/21, Council authorized a four--year joint agreement (2021–2025) between the Region of Durham, LEAF, and participating municipalities. This agreement concludes on June 30, 2025. Due to community interest and continued uptake of the program, staff recommend that Council extend the agreement for two years (July 1, 2025 to June 30, 2027). The Region of Durham staff prepared the attached agreement (see Attachment 1) for the participating municipalities of Pickering, Whitby, Oshawa, Ajax, Scugog, and Clarington. The City of Pickering’s Corporate Services Department reviewed the agreement, and City staff are seeking Council approval to execute. Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority of Lead & Advocate for Environmental Stewardship, Innovation & Resiliency. Financial Implications: A funding allocation of $15,000.00 was approved in the 2025 Current Budget under Consulting and Professional Services 502230.10115.0000. This amount supports the first year of program implementation from July 1, 2025 to June 30, 2026. Funding the second year of the agreement would be subject to future annual budget processes. As per the agreement, Whitby, Oshawa, and Ajax are each investing $15,000.00 for their respective communities. Scugog is contributing $8,000.00 for a lower participation level, and Clarington is contributing $30,000.00 for a higher contribution level. The Region of Durham identified $80,000.00 in their budget to offset the balance of the cost. As per the agreement, in the event that a municipal partner is not able to secure funds through their respective budget process, they may opt out of the agreement at any time with a minimum of three months’ notice to all parties. Discussion: The purpose of this report is to provide an update on the City’s participation in the LEAF Backyard Tree Planting Program to date, and to seek Council approval to execute the agreement (see Attachment 1) for the City of Pickering’s continued participation in the LEAF Backyard Tree Planting program for an additional two years (July 1, 2025 to June 30, 2027). 1. Summary of Program Results for 2020 – 2024 The following summary outlines participation and planting metrics from the start of the program in July 2020 to December 2024. It does not include the complete data set for Year 5, as plantings scheduled in 2025 up to June 30, 2025, are still underway. Tree totals include shrub substitutions based on a ratio of three shrubs equating to one tree. - 177 - SUS 03-25 June 9, 2025 Subject: Local Enhancement and Appreciation of Forests Tree Planting Page 3 Program Results for Pickering, July 2020 to December 2024 Target during 5-year timeframe 210 Total trees & shrubs planted (including 3 -shrubs-to-1-tree ratio) 182 Scheduled plantings up to June 2025 28 Trees planted 134 Shrubs planted 143 Type of Service Number of Participants in Pickering Full-service participants 96 DIY participants 17 Multi-unit & businesses participants 2 1.1 Participant Feeback Participant feedback has been overwhelmingly positive, highlighting the program’s affordability, knowledgeable staff, seamless service delivery, and environmental value. New and multi-year participants consistently praised the expertise of the LEAF arborists, the health of the native species, and convenience of the planting process. Many expressed appreciation for the opportunity to contribute to urban greening and biodiversity on their own properties. A full summary of participant testimonials is provided in Attachment 2. These testimonials demonstrate strong community interest and underscore the benefit of continued program delivery. The LEAF Backyard Tree Planting program has proven to be a valuable initiative that supports the City’s environmental priorities, adaptation goals, and community engagement/education efforts. Its extension through 2027 will enable continued growth of Pickering’s urban forest and enhance private green spaces throughout the City. By leveraging this regional partnership, the City can continue to offer a tree planting opportunity for community members to take part. For the extension period, the annual target remains to plant a minimum of 40 large caliper trees per year (or the equivalent shrub-to-tree ratio) and engage property owners through education on tree care and the benefits of planting. Native shrubs will also continue to be offered at a subsidized cost. 2. Program Background LEAF is a non-profit organization dedicated to protecting and expanding the urban forest throughout the Greater Toronto Area. LEAF delivers tree planting services with a focus on native species, environmental education, and long-term care. Authorized by Council through Resolution #350/20, Pickering initially joined the LEAF Backyard Tree Planting program in 2020 as a pilot partnership coordinated by the Region of Durham, in collaboration with participating municipalities. Through Resolution #623/21, Council authorized the execution of a four-year joint agreement between the Region of Durham, LEAF, and participating municipalities. This agreement will conclude on June 30, 2025 and staff from all participating municipalities recommend the program continue. - 178 - SUS 03-25 June 9, 2025 Subject: Local Enhancement and Appreciation of Forests Tree Planting Page 4 The proposed extension maintains the existing service model, through which LEAF provides residents, businesses, and multi-unit properties with access to: • online pre-visit questionnaire to ensure that the property owner qualifies for the program, has adequate space to plant, and is committed to long-term tree care • on-site consultation with a LEAF arborist to determine appropriate species and planting location • full delivery and planting by LEAF professionals • follow-up questionnaire to assess participant satisfaction and/or follow-up visit to assess tree health This framework helps to remove key barriers to planting, such as cost, access to appropriate transportation, and limited planting ability, tools, and knowledge. 3. Policy and Strategic Alignment The LEAF Backyard Tree Planting program supports multiple municipal and regional strategies related to sustainability, adaptation, and urban forestry. 3.1 Regional Alignment In particular, the program aligns with the Durham Community Climate Adaptation Plan, endorsed by Pickering Council. It supports regional efforts to help expand the urban forest canopy, reduce heat impacts, manage stormwater, and promote the use of native, resilient species to enhance ecosystems. 3.2 Municipal Planning and Strategic Policy At the local level, the program supports Policies 10.15, 10.11(b), and 14.5(i)(iii) of the Pickering Official Plan, which recognize the importance of urban forests for ecosystem services, community aesthetics, and stormwater management. As noted near the top of the report, it also advances the City’s Corporate Strategic Plan priority to lead and advocate for environmental stewardship, innovation, and resiliency. 3.3 Climate Adaptation and Urban Forest Planning The program aligns with actions outlined in the Community Climate Adaptation Plan (anticipated for Council approval in May as of this writing), which identifies urban forest expansion as a key strategy to help foster resiliency and mitigate urban heat island effects. It also contributes to the objectives of the Urban Forest Study and Canopy Cover Assessment, which the City is currently updating to guide long-term, evidence- based planning for tree canopy growth. 4. Environmental and Community Benefits Tree planting programs can contribute to Pickering’s local environment and community with benefits such as: - 179 - SUS 03-25 June 9, 2025 Subject: Local Enhancement and Appreciation of Forests Tree Planting Page 5 • urban heat island mitigation • improved air quality, carbon sequestration, and stormwater infiltration • habitat creation to enhance biodiversity • improved aesthetics and noise reduction in neighbourhoods 4.1 Benefits for Residents, Businesses, and Multi-Unit Property Owners The program offers accessible, professional, and subsidized tree planting services for a broad range of property types, with benefits including: • Access to native trees and shrubs at subsidized rates: A variety of locally sourced native species are available. Costs are subsidized through municipal and regional partners to make planting more accessible. • Customized arborist advice and planting guidance: Whether through an on-site consultation or virtual/online planning tools, participants receive expert advice to help select appropriate species and determine optimal planting locations based on sun exposure, soil, space constraints, and long-term maintenance objectives of the property owner. • Flexible delivery and planting options: Plants are either delivered and planted by trained professionals or picked up and planted by participants themselves with instructions and resources provided. • Ongoing care and maintenance support: Participants receive educational resources, including planting and care guides, to support the long-term health of their trees and shrubs. Follow-up support can be provided to assess tree survival and offer further guidance as needed. 5. Program Promotion and Outreach Over the term of the program, the City of Pickering promoted the planting opportunity through a variety of communication channels to raise awareness and encourage participation. Program details were shared on the City’s website and social media platforms, and featured in the Sustainable Pickering eNewsletter, the Family Calendar, and the City’s Leisure Guide. Promotional materials, including brochures and posters, were distributed at community events and City facilities, with the program also featured on the Civic Complex electronic board. The program was further promoted through media releases, helping to inform residents of the opportunity. 6. Conclusion Staff believe the LEAF tree planting program has successfully met the objectives of several City and Regional policies and has been beneficial to Pickering and its residents. Accordingly, staff recommend the City continue its participation in this program. The Region of Durham staff prepared the attached agreement (see Attachment 1) that was reviewed by City of Pickering Legal Services, and staff are seeking Council’s authorization to execute. - 180 - SUS 03-25 June 9, 2025 Subject: Local Enhancement and Appreciation of Forests Tree Planting Page 6 Attachments: 1.Durham LEAF Program Agreement 2.LEAF Participant Testimonials (2020 – 2024) Prepared By: Original Signed By Melanie Edmond, HBSc. Coordinator, Sustainability Original Signed By Chantal Whitaker, BESc (Hons), CSR-P Manager, Sustainability & Strategic Environmental Initiatives Approved/Endorsed By: Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO ME:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 181 - Attachment 1 to Report SUS 03-25 LEAF BACKYARD TREE PLANTING PROGRAM AGREEMENT Effective the 1st day of July, 2025 B E T W E E N: Local Enhancement and Appreciation of Forests (“LEAF”) LEAF is a corporation without share capital, incorporated under the Ontario Corporations Act AND The Regional Municipality of Durham The Corporation of the City of Oshawa The Corporation of the City of Pickering The Corporation of the Town of Whitby The Corporation of the Township of Scugog The Corporation of the Town of Ajax The Municipality of Clarington (with the foregoing collectively referred to as the “Municipal Partners”) RECITALS A.WHEREAS the Municipal Partners each have a mandate that includes the stewardship and environmental enhancement on private land through tree planting; B.AND WHEREAS the Municipal Partners wish to work cooperatively with LEAF in programs which assist in the fulfillment of their mandates; C.AND WHEREAS the Municipal Partners previously partnered with LEAF from 2021 to 2025 and now wish to continue their collaborative efforts. D.AND WHEREAS the parties have a mutual interest in private land stewardship and tree planting; E.AND WHEREAS LEAF offers a program which supports the various climate change and urban forest strategies of the Municipal Partners; F.AND WHEREAS the Municipal Partners approved an annual grant totaling $178,000 so LEAF can offer the Backyard Tree Planting Program (the “Program”) to residents in an effort to increase urban tree planting. NOW THEREFORE, for good consideration as provided for in this Agreement, the parties hereby agree as follows: - 182 - Section 1: THE VISION 1a) LEAF and the Municipal Partners agree to cooperate in the implementation of the Program, and to undertake the following activities: I. To promote the Program to property owners through all available channels; II. To raise awareness of the environmental, social, and economic benefits of the urban forest and canopy cover; and, III. To facilitate the planting of trees and shrubs on private property. Section 2: TERM OF AGREEMENT 2a) This Agreement shall commence on July 1, 2025 and terminate on June 30, 2027 (the “Term”). In the event that individual Municipal Partners are not able to secure funds through their respective budget approval process, they may opt out of the Agreement at any time with a minimum of 3 months’ notice to all parties. In the event that LEAF can no longer deliver the Program effectively with the resources available, they may opt out of the Agreement at any time with a minimum of 3 months’ notice to all parties. The parties may extend the Term of the Agreement at any time, by mutual agreement. Section 3: RESPECTIVE ROLES OF LEAF AND MUNICIPAL PARTNERS 3a) LEAF covenants and agrees to do the following: I. Recognize the Municipal Partners’ support of the Program through any promotional material produced by LEAF as approved by the respective Municipal Partner; II. Use the funding provided by the Municipal Partners to support the Program’s activities within the boundaries of the Region of Durham during the Term of this Agreement; III. Administer the Program by reviewing candidate properties for eligibility, ensuring property owners understand they own and are responsible for care of the trees, obtaining waivers of liability from each private property owner to protect LEAF and the Municipal Partners and by arranging and implementing planting on private property accordingly; IV. Sell trees and shrubs, as well as related consultation and delivery/planting services through the Program to Region of Durham property owners at a subsidized price; V. Monitor the success of the Program and implement contingencies and/or modify plans accordingly; and, VI. Track and report to the Municipal Partners on the number of Program participants and trees/shrubs planted. 3b) The Municipal Partners covenant and agree to do the following: - 183 - I. To support the Program by providing the financial contributions set out in this Agreement; and, II. To offer Program feedback and work collaboratively with LEAF to ensure Program success. Section 4: DELIVERABLES 4a) LEAF agrees to achieve, at a minimum, the following deliverables during the Term of this Agreement: I. plant at least 262 trees (3 shrubs equals 1 tree) annually according to the distribution set out in Section 6a); II. reach at least 500 residents annually through outreach/educational activities; III. provide recognition for the Municipal Partners’ support on LEAF’s website, print materials and through social media as approved by the respective Municipal Partner; and, IV. provide promotional content for the Municipal Partners’ use, as approved by the respective Municipal Partner, including website content, brochures, posters, advertisements, and social media content. Section 5: ADMINISTRATION AND REPORTING 5a) LEAF and the Municipal Partners shall each appoint one representative who shall be responsible for the management and administration of the terms of this Agreement. 5b) The parties shall meet at least once during the Term of this Agreement for the purpose of discussing the status of the Program. 5c) LEAF covenants and agrees to provide a Summary Report to the Municipal Partners by July 31st of each year which will include the following information: I. List of addresses where trees/shrubs have been planted, including numbers and species (conditional on property owner permission); II. Summary of total annual plantings, including total number of trees and shrubs planted; and, III. Summary of promotional/outreach activities. 5d) The parties agree to communicate regularly and provide updates on the status of the Program from time to time, as each party may require. Section 6: FUNDING AND TARGETS 6a) The Municipal Partners covenant and agree to the following annual payment schedule and LEAF agrees to complete the following tree targets during the Term of this Agreement: - 184 - Partner Annual Funding Payable to Annual Payment Deadline Annual Tree Target Pickering $15,000 LEAF July 15 40 Whitby $15,000 LEAF July 15 40 Oshawa $15,000 LEAF July 15 40 Ajax $15,000 LEAF July 15 40 Clarington $30,000 LEAF July 15 80 Scugog $8,000 LEAF July 15 22 Durham Region $80,000 LEAF July 15 Annual Totals $178,000 262 6b) LEAF covenants and agrees to administer the $178,000 provided by the Municipal Partners in support of the Program (the “Grant”) as follows: I. 10% of funds allocated to Program administration; and, II. 90% of funds allocated for the cost of promoting and delivering the Program and related education/communication activities. 6c) The parties may increase the funding and planting targets at any time, by mutual agreement. Section 7: OWNERSHIP AND MAINTENANCE OF TREES 7a) The trees planted in connection with this Program are owned by the private property owner. The Municipal Partners do not have any ownership or jurisdiction over the trees at any time. 7b) Any maintenance of the trees is the responsibility of the private property owner. Section 8: INDEMNITY AND INSURANCE 8a) LEAF shall defend, indemnify and save harmless the Municipal Partners and its elected officials, officers, employees and agents from and against all claims of any nature, actions, causes of action, losses, expenses, fines, costs, interest or damages of every nature and kind whatsoever, arising out of or allegedly attributable to the negligent acts, errors, omissions, misfeasance, nonfeasance, fraud or willful misconduct of LEAF, its directors, officers, employees, agents, contractors and subcontractors, or any of them, in connection with or in any way related to the delivery or performance of this Agreement. This indemnity shall be in addition to and not in lieu of any insurance to be provided by the LEAF in accordance with this Agreement and shall survive this Agreement. - 185 - 8b) LEAF shall continuously maintain throughout the Term of the Agreement and pay for Commercial General Liability insurance including personal injury, broad form contractual liability, owners, and contractors protective, completed operations, and non-owned automotive liability in an amount of not less than two million dollars ($2,000,000.00) applying to all contracts for claims arising out of one occurrence. The Commercial General Liability policy shall include the Municipal Partners as additional insureds in respect of all operations performed by or on behalf of LEAF in relation to the Agreement requirements and be endorsed to provide the Municipal Partners with not less than thirty (30) days written notice in advance of any cancellation, change or amendment restricting coverage. LEAF shall provide an updated Certificate of Insurance on the Region’s standard form, or on a form acceptable to the Region of Durham and the Municipal Partners. Section 9: DEFAULT, TERMINATION AND REPAYMENT: 9a) If any of the following events occur, all of the Municipal Partners acting unanimously shall be entitled to immediately terminate this Agreement upon written notice to LEAF, and request the repayment of unspent funds associated with the Grant: I. LEAF breaches any of the terms and conditions of this Agreement; II. LEAF ceases operating, ceases to operate as a non-profit organization, winds up or dissolves, commences or has commenced against it any proceedings in bankruptcy, or is adjudged a bankrupt; or, III. LEAF uses the Grant for a purpose not approved by this Agreement. Section 10: GENERAL 10a) This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 10b) Any notice, demand or acceptance required to be given hereunder in writing, shall be deemed to be given if either personally delivered, emailed, or mailed by registered mail, postage prepaid, (at any time other than during a general discontinuance of postal services due to a strike, lockout, or otherwise) and addressed to the parties as follows, or such change of address as the parties have by written notification forwarded to each other: • LEAF – Local Enhancement and Appreciation of Forests - Artscape Wychwood Barns, 601 Christie St, Suite 253 Toronto, ON M6G 4C7 c/o Janet McKay, Executive Director 416-413-9244 | 1-888-453-6504; janet@yourleaf.org • The Regional Municipality of Durham, 605 Rossland Rd. East, Whitby, ON L1N 6A3 c/o Ian McVey, Manager of Sustainability, 905-668-4113 ext. 3803; Ian.McVey@durham.ca - 186 - • The Corporation of the City of Oshawa, 199 Wentworth St. East, Oshawa, ON L1H 3V6 c/o Michelle Whitbread, Manager, Policy and Partnerships, 905-436-3311, ext.2811, mwhitbread@oshawa.ca • The Corporation of the City of Pickering One The Esplanade, Pickering, ON L1V 6K7 c/o Chantal Whitaker, Manager, Sustainability & Strategic Environmental Initiatives, 905-420-4660 ext. 2170, cwhitaker@pickering.ca • The Corporation of the Town of Whitby, 575 Rossland Road East Whitby, ON L1N 2M8 c/o Sarah Shields, Project Manager- Sustainability & Climate Change Strategic Initiatives, 905-391-4439, shieldss@whitby.ca • The Corporation of the Township of Scugog 181 Perry Street, P.O. Box 780, Port Perry, ON L9L 1A7 c/o Robert Frasca, Manager of Public Works and Infrastructure Services, 905-985-7346 ext.107, rfrasca@scugog.ca • The Corporation of the Town of Ajax, 800 Salem Rd North, Ajax, ON L1Z 0J1 c/o Craig Blencowe, Supervisor, Forestry & Horticulture, 905-619 2529 ext.4210, Craig.Blencowe@ajax.ca • The Municipality of Clarington, 40 Temperance Street, Bowmanville, ON, L1C 3A6 Natalie Ratnasingam, Project Manager, Energy and Climate Change Response, 905-623-3379, NRatnasingam@clarington.net 10c) The Parties agree that should any other local area municipality wish to join the Program, that they may do so by agreement in writing between the local area municipality, the Regional Municipality of Durham and LEAF, and that a formal amendment signed by all Parties is unnecessary. The local area municipality will agree to abide by substantially the same terms and conditions and will receive approximately the same share of the Deliverables, as the other Municipal Partners. The duly authorized representatives of LEAF and the Municipal Partners, having authority to bind their respective organizations and having read and understood the terms and conditions of this Agreement, agree to the terms and conditions, and execute this Agreement as of the date first written above. LOCAL ENHANCEMENT AND APPRECIATION OF FORESTS Per: _______________________________ Name: Title: Per: _______________________________ Name: Title: I/We have authority to bind the Corporation - 187 - THE REGIONAL MUNICIPALITY OF DURHAM Per: _______________________________ Name: Title: Per: _______________________________ Name: Title: I/We have authority to bind the Corporation THE CORPORATION OF THE CITY OF OSHAWA Per: _______________________________ Name: Title: Per: _______________________________ Name: Title: I/We have authority to bind the Corporation THE CORPORATION OF THE CITY OF PICKERING Per: _______________________________ Name: Title: Per: _______________________________ Name: Title: I/We have authority to bind the Corporation THE CORPORATION OF THE TOWN OF WHITBY Per: _______________________________ Name: Title: Per: _______________________________ Name: Title: I/We have authority to bind the Corporation - 188 - THE CORPORATION OF THE TOWNSHIP OF SCUGOG Per: _______________________________ Name: Title: Per: _______________________________ Name: Title: I/We have authority to bind the Corporation THE CORPORATION OF THE TOWN OF AJAX Per: _______________________________ Name: Title: Per: _______________________________ Name: Title: I/We have authority to bind the Corporation THE MUNICIPALITY OF CLARINGTON Per: _______________________________ Name: Title: Per: _______________________________ Name: Title: I/We have authority to bind the Corporation - 189 - Attachment 2 to Report SUS 03-25 LEAF Participant Testimonials (2020 – 2024) The following testimonials were gathered through LEAF’s post-participation surveys, which are distributed to program participants following their involvement in the Backyard Tree Planting program. The comments reflect individual experiences from Pickering property owners who received trees or shrubs through the program between 2020 and 2024. Survey participation was voluntary but from those that opted to complete the survey, it provided municipal staff with valuable feedback, highlighting the value participants derived from the program in terms of service quality, environmental impact, affordability, and participant satisfaction. 1.Excellent Customer Experience and Service Delivery •“All good. Staff were very friendly and helpful. Plants arrived in good condition and I am hoping to keep them that way! Looking forward to years of enjoyment of my backyard ecosystem!” (2020) •“LEAF is a great community-based program, with knowledgeable, helpful staff from the arborist to the team who planted the trees in my yard. I recommend this program for anyone looking to plant native trees or shrubs at their home.” (2020) •“Every step of the way, my experience has been so positive. Talking on the phone, meeting the arborist, even the tree planters provided service with a smile! The value of this program is unreal, you just get so much service for such a minor cost. I can't wait to watch our new tree grow. The backyard birds are already interested! Thank you so very much!” (2021) •“The LEAF team was professional and friendly. The arborist provided expert advice on our options. When the tree arrived, it was healthy and well cared-for. The planting process was done quickly and expertly. Our new tree looks fantastic in our yard!” (2021) •“Special thanks to the women who delivered our shrubs. I had a question about shrubs I had purchased last year through LEAF and they were accommodating, courteous and knowledgeable.” (2023) 2.Quality of Plant Material and Planting Process •“LEAF provides great service! We love that the kit we received will attract bees! Everything was very seamless – ordering, delivering, and planting (the planting guide was very helpful). Can't wait to order more plants in the future :)” (2020) •“The tree arrived healthy and well cared-for.” (2021) •“The planters were so careful and hard working. Great program. Can’t wait to participate again next year!” (2021) •“My trees were planted professionally and look healthy. I look forward to watching them grow and to see the changes they will go through as the seasons change.” (2023) 3.Ease and Convenience •“Ordering and delivery was smooth and professional.” (2020 - full quote below) •“Delivery was as stated.” (2021) •“So convenient that I didn't have to lift a finger to get my tree purchased, delivered, and planted.” (2023) - 190 - 4. Environmental Motivation and Native Species Appreciation • “The selection of native trees, shrubs, and plants appropriate to my region is broad.” (2020 – full quote below) • “We are thrilled with our beautiful tree which was a reasonable price and a native species. The environmental factor played significantly into our deciding to buy a tree.” (2022 – full quote below) 5. Program Value and Affordability • “Professional consultation and delivery at an affordable price plus community driven from friendly people. I was very impressed.” (2021) • “Overall a great experience and worth every penny!” (2021) • “The price for the service was incredibly reasonable and I will definitely recommend this service to others.” (2023) 6. Expert Consultation and Overall Satisfaction • “The selection of native trees, shrubs, and plants appropriate to my region is broad. They provide lots of support information to ensure success. Ordering and delivery was smooth and professional. I will continue adding native plants each year, and will definitely rely on LEAF for this.” (2020) • “Great service and great arborist recommendations and delivery was as stated.” (2021) • “Amazing program and people. The consultation was very informative and they took the time to learn what we wanted.” (2021) • “I was delighted to find this program. It was a wonderful experience with expert and pleasant staff support and consultation. We are thrilled with our beautiful tree which was a reasonable price and a native species. The environmental factor played significantly into our deciding to buy a tree. The whole process was outstanding from initial contact to planting and we recommend this service wholeheartedly!” (2022) • “Friendly and informative consultation. Very well-organized program. Delivery, planting and clean-up was efficient and well done.” (2022) • “As I am an elderly person it was a wonderful opportunity to get expert advice on the selection of a tree and its care.” (2023) • “Black Maple wasn’t in my list of preferred tree but I am very satisfied picking it after James explains the difference of that compared to what I initially asked.” (2024) • “We recommend this service wholeheartedly!” (2022) • “I will definitely recommend this service to others.” (2023) - 191 - Report to Executive Committee Report Number: SUS 04-25 Date: June 9, 2025 From: Kyle Bentley Director, City Development & CBO Subject: 2024 Sustainable Year-in-Review File: D-7003-001 Recommendation: 1.That Report SUS 04-25, regarding the 2024 Sustainable Pickering Year-in-Review, be received for information. Executive Summary: The purpose of this report is to share the 2024 Sustainable Pickering Year-in-Review, as outlined in Attachment 1. For the past six years, the City has produced a reader-friendly summary of Pickering’s sustainability-related achievements, programs, and community partnerships. The 2024 edition highlights the City’s ongoing work to advance environmental stewardship, waste reduction, enhancements to the natural environment, energy efficiency, sustainable development, and community engagement within these areas. It also showcases the contributions of local organizations, volunteers, and residents who helped deliver meaningful work and/or related actions throughout the year for the betterment of Pickering. The 2024 Sustainable Pickering Year-in-Review will be made available on the City’s website and promoted through various corporate communication channels to inform and inspire public involvement. Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority of Lead & Advocate for Environmental Stewardship, Innovation & Resiliency; and Strengthen Existing & Build New Partnerships. Financial Implications: Not applicable to this report. Discussion: The purpose of this report is to share the 2024 Sustainable Pickering Year-in- Review. The City of Pickering continues to advance its commitment to sustainability through a wide range of initiatives. In 2024, staff delivered programs that enabled community participation in tree plantings, pollinator initiatives, litter cleanups, the Pickering Farmers’ Market, youth-focused environmental education, and sustainability workshops. These efforts were supported by strong partnerships with schools, non-profit organizations, and agencies such as Toronto and Region Conservation Authority, Ontario Power Generation, and the Pickering Public Library. - 192 - SUS 04-25 June 9, 2025 Subject: 2024 Sustainable Year-in-Review Page 2 Beyond these, the City also implemented broader corporate initiatives that are critical to long- term environmental and community health. These included the adoption of the Recreation & Parks Ten Year Plan, restoration of the Bruce Handscomb Waterfront Trail, ongoing climate adaptation planning, and the implementation of the Integrated Sustainable Design Standards. Together, these initiatives reflect the City’s commitment to embedding sustainability into municipal decision-making and planning processes. Public awareness of these actions is essential. To support this goal, staff used a range of communication tools such as the City website, social media, eNewsletters, Let’s Talk Pickering, public events, and signage to reach residents. In a communications environment where residents receive information from many sources, the 2024 Sustainable Pickering Year- in-Review is intended to provide a concise, engaging, and accessible summary of some key activities and measurable impacts. The 2024 Sustainable Pickering Year-in-Review will be published on the City’s website and promoted through various corporate communication channels. Attachment: 1.2024 Sustainable Pickering Year-in-Review Prepared By: Original Signed By Melanie Edmond, HBSc. Coordinator, Sustainability Original Signed By Chantal Whitaker, BESc (Hons), CSR-P Manager, Sustainability & Strategic Environmental Initiatives Approved/Endorsed By: Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO ME:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 193 - Attachment 1 to Report SUS 04-25 Sustainable Pickering Year-in-Review 2024 1 - 194 - Table of Contents Message from the Mayor 03 Message from the CAO 04 Enhancing the Natural Environment 05 Fostering Community Engagement 09 Reducing Waste 13 Growing Urban Agriculture 14 Becoming More Energy Efficient 16 Looking Towards the Future 17 2 - 195 - Message from the Mayor This year, we celebrate a remarkable milestone as Pickering marks 25 years as a city. From the moment we stepped into the new millennium, we embraced a future built on bold vision, smart planning, and a strong commitment to progress. That same determination continues to guide us as we move forward, shaping a greener, more resilient Pickering. Sustainability is the foundation upon which we build our future. As one of Canada’s fastest-growing cities, we are intentional in balancing growth with environmental responsibility, ensuring Pickering remains a place where innovation, opportunity, and community well-being go hand in hand. For two consecutive years, The Globe and Mail has named Pickering one of Canada’s most liveable cities, underscoring our burgeoning reputation as a place where people want to live, work, and thrive. The 2024 Sustainable Pickering Year-in-Review is more than a record of our progress. It is a blueprint for the future, showcasing our achievements in sustainability, innovation, and community-building while reinforcing the choices we must continue to make. Through thoughtful planning and responsible development, we are protecting our natural spaces, strengthening our economic foundation, and fostering a connected, engaged community. I hope you enjoy this year’s report and take the opportunity to learn more about the exciting programs and initiatives that make Pickering truly special. From the Mayor’s Monarch Pledge, to the revitalized Waterfront Trail, to Take Pride in Pickering Day, these initiatives reflect our commitment to environmental stewardship and community engagement. Our journey is one of ambition, action, and collective success. As we look ahead, we do so with confidence, knowing Pickering is leading the way in sustainability and building a powerful legacy for the next 25 years and beyond. Kevin Ashe Mayor, City of Pickering 3 - 196 - Message from the CAO As the City of Pickering continues to advance its sustainability journey, I am proud to share our 2024 Sustainable Year in Review Report – an inspiring reflection of our collective progress toward a more livable, inclusive, and resilient city. This past year was a remarkable one – marked by innovation, collaboration, and meaningful progress. Our Integrated Sustainable Design Standards remained a cornerstone of our planning and development review process, embedding forward-thinking technologies and practices that align with our vision for a more sustainable future. We were proud to see these efforts recognized externally, as the City of Pickering received a certificate of recognition from the Sustainable Housing Foundation for our leadership in advancing sustainable community design through the ISDS. In collaboration with our community partners, we expanded tree planting efforts, supported local food resilience through vibrant farmers’ markets and community gardens, and introduced new initiatives such as the Seed Library. As well, over 2,600 volunteers participated in community clean-ups, and we saw strong engagement in our environmental webinars, reinforcing the importance of civic engagement in building a sustainable Pickering for generations to come. These actions demonstrate how thoughtful design and grassroots engagement can work in harmony to strengthen ecosystems and enrich community life. As outlined in our Corporate Strategic Plan, sustainability is not a single initiative, but a guiding principle that shapes every decision we make. We remain focused on building a sustainable, connected, and caring community through continuous innovation, responsible growth, and meaningful collaboration. I invite you to explore this report in full to learn more about the important work underway – and how you, too, are part of Pickering’s leadership in sustainability. I extend my sincere thanks to Council for its continued support, to City staff, and Pickering’s dedicated volunteers, partners, and community members who are helping to turn our shared vision into reality. Marisa Carpino Chief Administrative Officer, City of Pickering 4 - 197 - Enhancing the Natural Environment In 2024, Pickering expanded tree planting, pollinator habitats, and invasive species control to support biodiversity, shade opportunities, Valley Farm Ravine Project To support urban tree canopy growth, the City collaborated with the Toronto and Region Conservation Authority (TRCA) to identify new planting opportunities through a desktop analysis. Valley Farm Ravine emerged as a priority site due to its existing canopy gaps. As part of the restoration effort, 100 bare root trees and 200 bare root shrubs were planted to strengthen and enhance the surrounding natural area. Enhancing Parks and Boulevards As part of the City's annual tree planting program, over 350 large caliper trees were planted across City boulevards and parks including: Douglas Park, Mitchell Park, Village East Park, Rick Johnson Memorial Park, Canadian Green, and Chestnut Hill Developments Recreation Complex. These efforts were completed to help increase tree canopy and shade opportunities around play-units and walkways. and healthier ecosystems in parks and natural spaces. 5 - 198 - Recreation & Parks Ten Year Plan The 2024 - 2034 Recreation & Parks Ten Year Plan is a long-range planning study for the City of Pickering’s recreation, parks, arts & culture facilities, programs, and services. The new Plan provides direction and guidance on how best to manage current needs and identifies service improvements and future infrastructure needs to support Pickering’s growing community. Backyard Tree Planting Program In partnership with Local Enhancement and Appreciation of Forests (LEAF), neighbouring municipalities, and the Region of Durham, the City completed its fourth year of the Backyard Tree Planting program. This program provides residents the opportunity to add native trees or shrubs to their property at a discounted rate. The program includes on-site consultation, free delivery and tree planting, as well as follow-up tree assessments. Some benefits from tree planting include urban heat island mitigation, improved air quality, carbon sequestration, stormwater infiltration, habitat creation for enhanced biodiversity, and improved aesthetics and noise reduction in neighbourhoods. Bring Back the Salmon The City, in partnership with the Ontario Federation of Anglers and Hunters, and the Pickering Public Library, supported a salmon hatchery at the Central Library. Patrons observed and learned about the Atlantic Salmon’s lifecycle and the importance of biodiversity. The hatchery resulted in the release of 200 Atlantic Salmon into Duffins Creek. To date, the program has helped release almost 1,000 Atlantic Salmon into Duffins Creek. 6 - 199 - Mayors’ Monarch Pledge Pollinators like butterflies, birds, and bees are essential to a healthy environment and sustainable food systems. In 2024, as a Leadership Circle member of the Mayors’ Monarch Pledge, the City reaffirmed its commitment to protecting pollinator species by completing 12 targeted actions. These included for example, planting native plants, removing invasive species, distributing native seeds, engaging local garden groups, and running public education campaigns to raise awareness. The City extends its thanks and appreciation to community garden volunteers, Dunbarton High School students, and the Toronto Conservation Youth Corps for their support in planting and maintaining pollinator gardens across Pickering. Invasive Species Management The City advanced its invasive species control efforts in 2024, focusing on phragmites. Targeted spot treatments were conducted along Sandy Beach Road, Montgomery Road, and Brock Ridge Park, with TRCA leading treatment at the park for a second year. Staff treated areas using native seed blends and completed a full inventory of phragmites in City parks. Future control efforts will focus on stormwater management ponds. 7 - 200 - Take Pride in Pickering As part of the City’s Take Pride in Pickering Day initiative, community cleanups and tree planting events were held in both the spring and fall. In the spring, over 120 volunteers participated in a two- hour event at Alex Robertson Park, where they collected litter and planted 400 trees. In the fall, the City partnered with Ontario Power Generation (OPG), 10,000 Trees, and the TRCA to host an additional planting event, at which 100 volunteers did a community cleanup and planted 100 trees and 200 aquatic plants. These events were delivered through Environmental Stewardship Pickering - a collaborative initiative between the City of Pickering, OPG, and TRCA. Reopening of Revitalized Waterfront Trail In 2024, the City of Pickering reopened the revitalized Waterfront Trail at Bruce Handscomb Memorial Park, in partnership with TRCA and Trans Canada Trail (TCT). The $765,000 project addressed long-standing safety and erosion concerns with a new accessible asphalt path, upgraded lighting, erosion controls, and native plantings. Supported by grants from TCT and TRCA, the improved trail enhances safety, accessibility, and connection to the Great Lakes Waterfront Trail. “With the generous support of the Trans Canada Trail and in collaboration with our valued partner, the City of Pickering, the trail at Bruce Handscomb Memorial Park has undergone significant upgrades to improve safety and accessibility, including essential erosion mitigation and habitat restoration measures.” John MacKenzie, Chief Executive Officer, TRCA 8 - 201 - Fostering Community Engagement In 2024, hands-on programs, workshops, and civic events connected residents to local sustainability efforts and encouraged broad community participation. Winter Wonderland The City, in partnership with OPG, TRCA, and PineRidge Arts Council, hosted a free family workshop event to kick-off the winter. At this event, 50 attendees had the opportunity to paint a wooden ornament, make a wreath from natural materials, explore wildlife up-close, and more. Everything Maple Syrup The Everything Maple Syrup event was a hands- on educational program hosted by the City, TRCA, and the Pickering Public Library. Designed for children aged 6 to 12, the March Break event aimed to teach participants about the origins of maple syrup and the environmental significance of maple trees. 9 - 202 - Earth Month In celebration of Earth Month, the City of Pickering hosted a series of free educational webinars and workshops featuring expert guest speakers. Over 275 participants took part in sessions covering a range of sustainability and nature-focused topics, including rain gardens, seed saving, container vegetable gardening, and the birds of Pickering. Pickering Prom Boutique To support high school students with formal clothing for their prom and graduation, Pickering Public Library, hosted a Prom Boutique. The event encouraged residents to donate their gently used dresses, suits, and formal wear at the library, so that students could shop for free. Thanks to the community’s generosity, the two- day event supported students to find a special outfit for their upcoming important day. Community Litter Cleanups The City of Pickering continues to support residents, schools, businesses, places of worship, and community groups in their efforts to help reduce litter and keep the community clean. The City provides cleanup supplies, including gloves and bags, and coordinates the disposal of collected waste. In 2024, over 2,665 volunteers participated in 50 community cleanups across the city through initiatives such as Pickering’s 20- Minute Makeover, the Plastics & Litter Challenge, and the Provincial Day of Action on Litter. “I have a lifelong commitment to cleaning up in the neighbourhood I live and want to encourage other residents and groups to do the same. Littering causes such destruction to the environment and there is no reason for it. We should all have respect for the land and our neighbours.” Madelyn Graetz Litter Free Communities Pickering is no place for littering! 10 - 203 - Recycled Craft Fun The City in partnership with the Pickering Public Library hosted the Recycled Craft Fun workshop at the George Ashe Library, engaging 43 children aged 6 to 10. Participants repurposed everyday recyclable materials like cardboard and plastic containers into creative crafts, learning about sustainability while having fun. The event inspired creativity and raised awareness about the importance of reusing materials. Birds in Pickering The City in partnership with TRCA and the Pickering Public Library hosted a Birds in Pickering workshop at the George Ashe Library, engaging 27 children aged 6 to 12. Participants designed and painted birdhouses while learning about local wildlife. The session also included a community cleanup activity, encouraging young residents to help care for local habitats. Park Stewardship Program The Park Stewardship program encourages businesses and community groups to help keep their local parks clean. As of 2024, 21 groups have become Park Stewards by committing to regular litter cleanups and promoting a positive image in their neighbourhood parks. 11 - 204 - "Having our students actively involved with the design and planting of the Butterfly Gardens provided real-life experiential learning about the importance of conservation and the value of every creature in the ecosystem around us. Our students absolutely loved this activity and we thank the City of Pickering for allowing us to make this happen!" Elizabeth B. Phin Public School Civic Awards The Civic Awards program recognize members of the Pickering community who have made significant contributions to the city. The Environment Award was presented to We Grow Food for their leadership in advancing urban agriculture and building resilient local food systems. We Grow Food empowers residents through the creation of community gardens and educational programs. Daniels Corporation was awarded the Sustainability Award for their Daniels FirstHome™ Pickering project, a compact, transit-oriented community featuring high- performance building materials, sustainable stormwater management, active transportation infrastructure, and community gardens to support food security and environmental stewardship. Environmental Schools Grants Established in 2019, the City of Pickering’s Environmental Schools Grant provides funding to enhance student-led environmental projects. In 2024, the grant enabled nine local schools to undertake various initiatives. Key projects included: creating butterfly garden boxes with native plants, installing community garden beds to grow flowers and food, and planting trees to provide shade. Schools also built outdoor learning environments using materials such as solar panels, wood, and garden beds. Students participated in seed-growing workshops with We Grow Food. Eco Ambassadors delivered interactive workshops on climate change, and additional materials were used to expand vegetable gardens and support outdoor learning. 12 - 205 - Reducing Waste In 2024, Pickering helped residents reduce waste through practical programs like battery recycling, compost giveaways, and textile diversion. Battery Recycling Program In 2024, the Battery Recycling program continued to offer residents convenient drop- off locations at the Chestnut Hill Developments Recreation Complex, East Shore Community Centre, George Ashe Library, and the Pickering Central Library. Through these efforts, 412 kilograms of batteries were collected and recycled responsibly. Compost Giveaway and Bin Exchange In 2024, the City partnered with the Region of Durham to host a well-attended compost and recycling bin exchange event. More than 640 participants took part, to swap out old bins, and pick up free compost for their gardens. Textile Waste Diversion The City of Pickering partnered with Diabetes Canada to implement a Textile Diversion Program in late 2023, reducing household waste. In the first year of the program, the community diverted over 8,600 kilograms of textiles. Bins are located at the Chestnut Hill Developments Recreation Complex (arena entrance), Dunmoore Park, and Esplanade South (municipal parking lot). 13 - 206 - Growing Urban Agriculture In 2024, the City continued its commitment to urban agriculture by advancing its Action Plan and expanding opportunities for local food growing. Through new tools, partnerships, and community programs, Pickering is supporting a more resilient and locally connected community. Pickering 55+ Plot to Plate Program The 55+ Plot to Plate program supports healthy aging by helping seniors grow vegetables in raised garden plots and prepare nutritious meals. Hosted at the George Ashe Library & Community Centre, it promotes wellness, food literacy, and community connection. Pickering City Centre Farmers’ Market The City of Pickering hosted another successful season of the Farmers’ Market, helping residents connect with local farmers, bakers, artisans, and small businesses. Running for 17 weeks, the market welcomed approximately 2,400 visitors and supported 29 vendors. Residents also enjoyed weekly entertainment from local artists. Thanks to strong community support, the Farmers Market earned 1st Place – Diamond Winner in the Ajax Pickering Readers’ Choice Awards for the sixth consecutive year, highlighting its continued impact and popularity in the community. 14 - 207 - “Valley Plentiful Community Garden is pleased to support the local food bank. Our four food bank plots gave St. Paul's on the Hill Food Bank about 40 to 80 pounds of food twice a week for most of July to mid-September. We would like to thank the City of Pickering for the installation of the new parking lot next to the north gardens, three raised garden beds, bike racks, and for providing wood chips for our walkways.” Bob Bracht Chair of the Valley Plentiful Garden Committee Pickering Public Library - Seed Library In February 2024, the Pickering Public Library launched a Seed Library at the George Ashe Branch, supported by the TD Friends of the Environment grant. The program encourages residents to borrow, grow, and return seeds, promoting local gardening, food security, and environmental stewardship. Community donations help replenish the seed supply each season, while volunteers assist with sorting and labelling. The Seed Library supports biodiversity, gardening, and food literacy in Pickering. Pickering Museum Village - Gather & Grow Initiative In 2024, Pickering Museum Village launched Gather & Grow, a travelling exhibit that explores the cultural, historical, and sustainable aspects of food. Featuring community-contributed stories and recipes, the exhibit highlights food’s role in connecting people across generations and cultures. With stops at the Chestnut Hill Developments Recreation Complex and Pickering Public Library, Gather & Grow celebrated local traditions, sustainable practices, and shared culinary heritage. Valley Farm Community Garden Expansion In 2024, the Valley Plentiful Community Garden received a major expansion to support urban agriculture and improve access for program participants, including the local food bank volunteers for weekly donation pickups. Located at Diana, Princess of Wales Park, the upgrades included a 13-car parking lot with accessible spaces, 3 raised garden beds, bike racks, and landscaping. The project enhances food security and affordability, and community connection in Pickering. 15 - 208 - Becoming More Energy Efficient In 2024, municipal retrofits reduced emissions, while energy workshops helped residents learn more about energy efficiency and how to reduce their own costs. Energy Workshops In 2024, the City hosted a series of free workshops to educate residents and staff on a variety of energy- efficient home upgrades. Over 100 participants learned about incentive programs from Durham Greener Homes, Enbridge, Save on Energy, and others. To support continued action, the City maintains a list of residential and commercial incentives at pickering.ca/energysavings, helping the community take advantage of available financial support when doing improvements. Energy Retrofits The City has been increasing its energy efficiency efforts across its facilities. Highlights in 2024 included: Replacing the Fire Station 5 boiler, resulting in decreased natural gas usage. Awarding the construction for the Chestnut Hill Developments Recreation Complex and Civic Complex variable speed heating circulators. Completing the design for the George Ashe Library and Community Centre energy recovery ventilator and hybrid heat pump units. Completing the design for the East Shore Community Centre air conditioning and heating unit replacements, including a new hybrid heat pump. 16 - 209 - Looking Towards the Future Pickering advances sustainability in planning and development by implementing sustainable design standards, updating by-laws to clarify definitions and reduce barriers, and launching a new Green Builder Award in 2024. Modernizing Sustainability Tools to Support Sustainability In 2024, the City strengthened its planning framework to align with the ISDS. Through Official Plan Amendment 23-005/P, Council required all new development to meet ISDS criteria. Updates to the draft Zoning By-law introduced definitions for green roofs, solar structures, and bike parking, and removed height barriers for green roof parapets, supporting more efficient, climate-resilient development. Continued Rollout of the Integrated Sustainable Design Standards Adopted by Council in 2022, the Integrated Sustainable Design Standards (ISDS) replaced the 2007 Sustainable Design Guidelines. Since then it has provided a framework to embed best practices into development projects, subject to Provincial legislative requirements, as may be amended from time-to-time. The ISDS is grounded in seven core principles including education, energy & resilience, neighbourhood, land & nature, transportation, waste management, and water. This approach helps the City to encourage innovative sustainable design, technology, and construction practices in the community. 17 - 210 - Using the ISDS to Help with Green Building Certifications The ISDS checklist helps new developments in Pickering meet major green building certifications across Canada by promoting energy efficiency, water conservation, and resilient design early in the planning process. This streamlines certification for projects such as an office building and warehouse along Bayly Street pursuing Building Owners and Managers Association Building Environmental Standards (BOMA BEST) certification through energy- efficient design and renewable systems. Similarly, Mattamy’s Seaton Whitevale development is targeting Canadian Home Builders’ Association (CHBA) Net Zero Ready certification by incorporating heat pumps, energy recovery ventilators, and solar-ready wiring. ISDS supporting certifications such as: BOMA BEST Canada Green Building Council Zero Carbon Certification (CaGBC Zero) Leadership in Energy and Environmental Design Canada (LEED Canada) EnerGuide Rating System by Natural Resources Canada CBHA Net Zero Home Labelling Program Home Energy Rating System (HERS) and HERS H2O 18 - 211 - Green Builder Award Category Introduced in 2024, as part of the Civic Awards program, the Green Builder Award celebrates development projects that show outstanding commitment to sustainable design, energy efficiency, and environmental innovation. The award will help highlight those who lead by example, helping to advance green building practices and align new development with the City’s sustainability objectives. 2024 Tree Protection By-law Update In 2024, the City adopted Tree Protection By-law No. 8073/24 to better preserve Pickering’s urban tree canopy and protect environmentally sensitive areas. The updated by-law includes improved definitions, revised permit processes, and updated fees and fines, making it easier to enforce. It prohibits the injury, destruction, or removal of trees 2.5 centimetres or more in diameter within designated Tree Protection Areas without a permit. Ontario Stakeholder Council Durham Event In 2024, the Ontario Stakeholder Council hosted a regional event in Pickering focused on retrofitting existing buildings for climate resiliency. With over 80 attendees, the session featured insights from Sustainable Buildings Canada, the Institute for Catastrophic Loss Reduction, and the Independent Electricity System Operator on energy-efficient upgrades and resilient design strategies. Breakout discussions explored municipal tools like Community Improvement Plans and engaging stakeholders in established subdivisions to support retrofits. “Recognized by the Globe and Mail as one of the ‘Most Livable Cities in Canada,’ Pickering is developing a strong reputation as a preferred destination for both new residents and businesses alike.“ Mayor Kevin Ashe 19 - 212 - In 2025, the City of Pickering will continue its longstanding commitment to create a more sustainable community. Join us on the journey to become one of the most sustainable cities in Canada. There are many fun and inspiring ways to make Pickering a better place socially, environmentally, and economically. To learn how you can get involved, visit: pickering.ca/sustainable. We welcome your feedback. Please contact the City's Sustainability staff at sustainability@pickering.ca Alternate formats available upon request at 905.683.7575 customercare@pickering.ca 20 - 213 -