HomeMy WebLinkAboutCS 23-25Report to
Executive Committee
Report Number: CS 23-25
Date: September 2, 2025
From: Laura Gibbs
Director, Community Services
Subject: Community Association Licence Agreements
Amberlea Tennis Club
File: A-1440-001
Recommendation:
1. That the Mayor and City Clerk be authorized to execute the Licence Agreement with
Amberlea Tennis Club submitted as 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 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 provide an updated Licence
Agreement with the Amberlea Tennis Club (ATC).
As per Resolution #694/25, that the Pickering Pickleball Club Inc. (PPC) be provided with six
months’ notice of the termination of the Licence Agreement for pickleball courts at Shadybrook
Park no later than April 1, 2025 and that following the notice for the termination of the Licence
Agreement, the remaining pickleball lines be removed and the court will revert to tennis only
courts, an update to the existing ATC Licence Agreement is required.
This decision has necessitated an updated Licence Agreement with ATC which is before
Council, through this report, for approval.
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 City of Pickering is responsible for funding the general
operating costs of the courts at Shadybrook Park. Costs are reflected annually within the City
Infrastructure Departm ent Budget. The City is also responsible for the capital costs to
resurface or reconstruct the tennis courts, varying year-to-y ear depending on need.
CS 23-25 September 2, 2025
Page 2
Discussion: The purpose of this report is to provide an updated Licence Agreement with
the ATC.
ATC is an incorporated, not for profit volunteer run club with 359 members, including 244
adults and 115 juniors in the 2025 season. Membership to ATC provides access to social and
non-competitive drop-in play and house league, lessons, tournaments and inter-club play and
events for all ages and all skill levels. ATC has also dedicated tim e for the development of
youth tennis players with Club junior after school drop in and summer camp programs as well
as providing courts for the St Mary’s High School tennis team .
Decision History
a) At the Council meeting of February 28, 2022, Council received correspondence Corr.
11-22 (Resolution #814/22) from ATC requesting the design and construction of a third
court at Shadybrook Park to be used jointly for tennis and pickleball. Through
Resolution #825/22, Council directed staff to discuss ATC’s proposal; conduct an
engagement of the residents who reside in the A mberlea community near Shadybrook
Park; identify possible funding sources for construction; and, to report back to Council
through the Executive Committee no later than the June 6, 2022 meeting.
b) At the Council meeting of June 27, 2022 Council approved the recommendations in
Report CS 11-22 to expand the courts at Shadybrook Park with a third court to be
shared between tennis and pickleball (Resolution #935/22).
c) At the Council meeting on June 26, 2023, Council approved the recommendations in
Report CS 16-23 that recommended the renewal of six lease agreements with Tennis
Clubs, including the ATC for the operation of the Shadybrook Park Tennis Courts.
d) At the Council meeting of March 24, 2024 Council approved the recommendations in
Report ENG 03-24 to approve the Licence Agreements for the ATC and the PPC f or
shared use of a third court; and the award of the construction tender for the third court
expansion (Resolution #435/24)
e) At the Council meeting of March 24, 2025, Council provided through a motion
(Resolution #694/25) that due to the frequency and volume of noise arising from
pickleball play, that staff be directed to terminate the Licence Agreement with the PPC
with a notice period of six months; the number of pickleball courts be reduced from four
to two by taking the two eastern pickleball courts out of play; that noise panels be
installed on two to three sides of the court; that at the end of the six months’ notice
period, that all remaining pickleball lines be removed and for the courts to revert back to
tennis only; and that all stakeholders including residents adjacent to Shadybrook Park
and the PPC be notified of these changes.
There is c ontinued operations of the Shadybrook Park Courts by the Amberlea Tennis Club.
As such, an updated Licence Agreement with ATC is required which is set out in Attachment
for a term beginning October 1, 2025 and ending December 31, 2028. The purpose of this
report is to seek approval of the Licence Agreement.
CS 23-25 September 2, 2025
Page 3
Attachment:
1. Amberlea Tennis Club Licence Agreement
Prepared By: Approved/Endorsed By:
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Karen Coleman, BA Laura Gibbs, MBA, MSc.
Manager, Recreation Services Director, Community Services
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Recommended for the consideration
of Pickering City Council
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Marisa Carpino, M.A.
Chief Administrative Officer
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Licence Agreement
This Licenc e Agreem ent is m ade as of the 1st day of October 2025
Betw een:
T he Corporation of the City of Pickering (the "City")
-and -
Amberlea Tennis Club (the "Club")
Article I Interpretation
Recitals:
1. Whereas the pickleball courts at Shadybrook Park are being removed and
transitioned back to a tennis court, a new licence agreement is required to replace
the previous agreement that was dated April 1st , 2024; and
2. Whereas the Club has requested to use all three of the tennis courts practic e area,
and stor age bunkers, within Shadybrook Park as show n on Schedule “A” attac hed
hereto, located at 1905 Shadybrook Driv e, in the City of Pickering, Region of
Durham and wher eas these tennis courts shall hereinafter be referred to as the
“licenc ed premises”; and
3. Whereas the Club wishes to use the licenc ed premises on a seasonal basis f or the
purpose of operating their non-profit tennis club.
4. Whereas the City has agreed to grant to the Club a seasonal licenc e subjec t to the
term s and conditions contained in this agreement, permitting the Club to access
and use the licenced premises f or the purpose of operating its non-profit tennis
club. Therefore in this agreement the “City” is the Licensor and the “Club” will be
the Licensee.
Definitions
5. In this Agreement,
a) "Commencement Date" m eans October 1st , 2025 ;
b) "Licenced Premises" means that portion of the three tennis courts , practic e
area, storage bunkers, within Shadybrook Park therein as shown on Schedule
“A” attached hereto, located at 1905 Shadybrook Drive, in the City of
Pickering, Regional Municipality of Durham;
c) "Licence Fee" m eans the f ee payable pursuant to Section 22; and
d) "Term" m eans the term of this Licenc e Agreem ent as set out in Section 18.
Headings
6. The division of this Agreem ent into articles, sections, subsections and schedules and
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the insertion of headings are for convenience of reference only and shall not affect
the construction or interpretation of this Agreement.
Severability
7. A ll of the provisions of this Agreem ent ar e 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 this
Agreement and the remaining provisions of this Agreement shall remain in force.
Governing Law
8. This Agreem ent shall be gover ned by , and interpreted and enforc ed in accordance
with, the laws in force in the Province of Ontario.
Entire Agreement
9. 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 of Licence
10. (a) In consideration of the performanc e by the Club of its obligations under this
Agreement, the City grants permission to the Club to use the licenced
premises during the Term on a seasonal basis. The Club acknowledges its
right to use the seasonal, portable washrooms facilities is non-exclusive.
(b) The Club acknowledges that this agreem ent does not create an interest in the
licenced premises nor does the Club claim any past or present interest,
howsoev er arising, as a result of or connected in any w ay with the use of the
licenced premises.
(c) The licenc e granted herein is only f or the duration of this agreem ent and only f or
the purposes and uses stated herein. No other purposes or use shall be
permitted without prior written approv al from the Director of Community
Services.
Club U se of Premises
11. The Premises shall be used only for Amberlea’s non-profit tennis club, at its
expense and f or no other purpose without the prior written consent of the City which
consent may be withheld by the City in its sole discretion.
Nuisance
12. The Club shall not carry on any activities or do or suffer any act or thing that
constitutes a nuisanc e or whic h is offensiv e or an annoyanc e to the City or other
users of Shadybrook Park.
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City U se of Premises
13. It is acknowledged that if the Club for whatever reason is not actively using the
licenced premises then this agreement shall be considered to be terminated and the
City shall be free to use the licenced premises for its own purposes. The Club shall
not be entitled to receive any rental fees or any other type of remuneration associated
with the use of the Premises by the City or any other party.
Assignment
14. The Club shall not assign this Licenc e without the prior written consent of the City .
Licences
15. The Club m ay not grant licenc es to any other party to use the licenc ed Premises.
16. The Club shall submit their annual financial statem ent to the City by Decem ber 1st of
each year.
17. The Club shall submit a list of the Club Board of Directors and their contac t
information to the City by December 1st of each year.
Article III Ter m
Ter m
18. The term of this Licenc e shall be three years and 3 months from the
Commencement Date to Decem ber 31st , 2028.
19. The City m ay terminate this Licenc e at any tim e f or any reason provided it has given
the Club six (6) months prior notice in writing.
20. The Club m ay terminate this Licenc e at any tim e f or any reason provided it has given
the City six (6) months prior notice in writing.
Overholding
21. If the Club continues to use the Premises after the expiry of the Term, there shall be
no tacit renewal of this Agreement or the Term, notwithstanding statutory provisions
or any legal presumption to the contrary, and the Club shall be deemed to be
trespassing.
Article IV Licence Fee
Licence Fee
22. The Club shall pay to the City as a licenc e f ee f or the entire Term in lawf ul m oney of
Canada the sum of One (1) Dollar ($1.00)
Utilities
23. The Club shall pay annual charges to the City f or eac h of the tennis courts on site f or
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hydro use. This amount shall be paid on or before April 1st in each year of the term.
Annual charges are subject to The General Municipal Fees By -law.
Article V
Maintenance, Repair s and Alterations of the Licenced Premises
24. The Club shall maintain and operate the Premises so that they shall alway s be of
good appearance, tidy, clean, safe and suitable for the proper operation of the
Premises.
25. The Club shall provide general maintenanc e servic es to the Premises at its expense
and shall provide all necessary cleaning and maintenance supplies and cleaning
equipment related to the courts and any associated building under their exclusive
use.
26. The Club, at its sole expense shall provide the cour t nets and any shade screening.
This would include installation, removal and storage each year.
27. The City or its designate, shall be responsible for all day -to-day operating expenses
including garbage removal, bleachers, benches, fencing, any building associated with
use of the courts, lighting and the court surface life cycle replacement.
28. The Club shall be responsible f or any dam ages or costs incurred due to the misuse
or negligenc e of the Club, its employees, invitees, servants, agents, or other s under
its control and the Club 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.
29. The Club shall immediately notif y the City of any unsaf e conditions on the Premises.
Securit y
30. The Club shall be responsible f or the gate loc k and shall ensure that the gate is
properly locked at the end of each day during the tennis season. The Club will
ensure that any key or combination to any lock are provided to the City for
maintenance and inspection access.
Alterations/Improvements to Premises
31. The Club shall only be permitted to mak e alterations and improvements to the
Premises that hav e been approv ed by the City .
Article VI Insurance and Indemnity
Club's Insurance
32. The Club, at its sole cost and expense, shall tak e out and maintain,
a) insuranc e upon property ow ned by it whic h is located on the Premises; and
b) commercial general liability insuranc e pertaining to the Club's liability to other s
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in respect of injury, death or damage to property occurring upon, in or about
the Premises. Such insurance to be of an amount which is reasonable and
sufficient having regard to the scope of the risk and the current practice of
prudent owners of similar premises for the carrying on of similar businesses,
but in any ev ent in an am ount not less than two million dollars ($2,000,000.00)
for claims arising out of one occurrence. Such policy shall also name the City
as an additional named insured and may not be c ancelled unless prior notice
by registered letter has been given to the City by the insurer 30 days in
advance of the expiry date.
33. Prior to the Commencement Date, the Club shall file with the City a Certificate of
Insuranc e in a for m satisfactor y 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.
34. The provision of the insurance policy required by this section shall not relieve the
Club from liability f or claim s not covered by the polic y or whic h exc eed its limits, if
any, for which the Club may be held responsible.
Insurance Risks
35. The Club 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 Club on the Premises causes or results in any increase in premiums
for any of the City's insurance policies, the Club shall pay such increase to the City.
Indemnification
36. Each of the City and the Club shall indemnify and save harmless the other from and
against any and all actions, losses, damages, claims, costs and expenses (including
solicitors' fees on a solicitor and client basis) to which the party being indemnified
shall or m ay becom e liable by reason of any breac h, violation or non-performanc e by
the party so indemnifying of any covenant, term or provision of this Licence
agreement or by reason of any damage, injury or death occasioned to or suffered by
any person or persons including the City or the Club, as the case may be, or any
property by reason of any wrongful act, neglect or default on the part of the party so
indemnifying or any of those persons for whom it is in law responsible. For greater
certainty, the limitation of liability set out above in this section does not extend to
claims, losses or damages resulting in whole or in part from the gross negligence or
will ful misconduct of the party c laiming indemnification, its employees or those for
whom it is in law responsible.
Article VII Remedies on Default
City's R ight to Remedy Default
37. In addition to all other remedies the City m ay hav e under this Agreem ent and in law , if
the Club is in default of any of its obligations under this Agreement, and such default
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has continued for a period of ten (10) days after receipt of notice by the Club (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, m ay rem edy suc h default and the Club shall be responsible f or all suc h costs.
In addition, if the Licensee fails to remedy any default or breach within 10 days of
being notified of the default or breach the Licensor may then immediately terminate
this agreement.
Waiver
38. No condoning, excusing or overlooking by the City of any default, breach or non-
observance by the Club at any time or times in respect of any covenant, obligation
under this Agreement shall operate as a waiver of the City’s rights hereunder in
respec t of any continuing or subsequent default, breac h or non-observanc e, 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 Club save only an express waiver in writing.
Article VIII Miscellaneous
Quiet Enjoyment
39. The City shall permit the Club to peaceably use and enjoy the Premises during the
Ter m without any interferenc e fr om the City , or any person lawfully claiming by , fr om
or under the City provided the Club is not in default.
Right of Entry
40. The Club agrees to permit the City and authorized representativ es of the City to enter
the Premises as the City deems necessary, including for the purpose of inspecting
and maintaining the premises.. The City shall use its best efforts to minimize the
disruption to the Club's use of the Premises during any such entry.
Signs
41. The Club m ay only erec t signs on the Premises with the City ’s prior approval. All
such signs shall be removed from the Premises at the end of the Term.
Compliance with Law s
42. The Club, 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 Club or the making of any improvements to the Premises by
the Club.
Notice
43. Any notic e required to be giv en by the City to the Club under this Agreement shall be
in writing and shall be delivered to or such other address of which the Club has
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notified the City in writing, and any such notice delivered shall be deemed good and
sufficient notice under the terms of this Lease.
Contact: Henrik Villumsen, President
Email: Villumsen_henrik@yahoo.dk
44. Any notice required to be given by the Club to the City under this Agreement shall be
in writing and shall be delivered to The Corporation of the City of Pickering, Pickering
Civ ic Complex , O ne The Esplanade, Pickering, Ontario (Attention: City Clerk) or such
other address of which the City has notified the Club in writing, and any such notice
delivered shall be deemed good and sufficient notice under the terms of this
Agreement.
CHDRC Indoor Court U se
45. Should the Club require the use of the indoor tennis court(s) at the Chestnut Hill
Developments Recreation Complex for league play, tryouts and/or weather - related
reasons and the use c an be accommodated; the Club w ill be charged for their usage
as per the current approved fees & charges.
Schedules
46. Schedule “A”, attac hed hereto for m part of this Agreement.
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In Witness Whereof the parties hav e executed this Licence Agreement.
T he Corporation of the City of
Pickering
Kevin Ashe, May or
Susan Cassel, City Cler k
Amberlea Tennis Club
Henrik Villumsen, President
(I have authority to bind the corporation)
Sue Peschke, Vice-President/ Secretary
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