HomeMy WebLinkAboutCS 24-25Report to
Executive Committee
Report Number: CS 24-25
Date: September 2, 2025
From: Laura Gibbs
Director, Community Services
Subject: Community Association Licence Agreement
Pickering Pickleball Club
File: A-1440-001
Recommendation:
1. That the Mayor and City Clerk be authorized to execute the Licence Agreement with
Pickering Pickleball Club submitted as Attachment 1 of 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
action as indicated in this report.
Executive Summary: The purpose of this report is to enter into a new Licence Agreement
with the Pickering Pickleball Club Inc. (PPC) for the use of six new pickleball courts located at
Diana, Princess of Wales Park.
As set out in the attached Licence Agreement, City will grant PPC a non-exclusive seasonal
licence permitting the Club to access and use the pickleball courts for the purpose of operating
its non-profit pickleball club. Access to the six new pickleball courts at Diana, Princess of
Wales Park will be shared between the PPC and the general public . The schedule will be
determined by the City and will be subject to annual review, with the exact days and hours
determined and posted by April 1st each year. The courts will be open for use from May 1 to
October 31 each year (weather permitting). As the courts are unlit, start and end times may
vary throughout the season.
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 to fund the general operating
costs including garbage removal, bleachers, benches, fencing, any building associated with use
of the courts, and the court surface life cycle replacement. Costs are reflected annually within
the City Infrastructure Department’s Budget. The Club is responsible to maintain and operate
the premises for their PPC activities.
CS 24-25 September 2, 2025
Page 2
Discussion: The purpose of this report is to enter into a new Licence Agreement with PPC for
the use of outdoor pickleball courts at Diana, Princess of Wales Park.
Through Resolution #774/25, Council approved the tender award for the construction of six
outdoor pickleball courts at the Diana, Princess of Wales Park . Construction is currently
underway and is expected to be complete, weather permitting, mid to late September 2025.
1. The Pickering Pickleball Club is an active and growing club serving Pickering
residents
The PPC is an incorporated, not for profit, volunteer run club. PPC membership includes a
wide variety of lessons, house league, inter -club play and social events as well as affiliation
with Pickleball Ontario and Pickleball Canada. In addition, the Club v olunteers have dedicated
significant time to assisting in the operation of a very successful City drop-in pickleball program
(3 days per week ) at Chestnut Hill Developments Recreation Complex.
PPC is the largest and fastest growing pickleball club in Pickering. The PPC has an estimated
500 members and the PPC’s activities and programs directly serve Pickering residents. The
Recreation & Parks Ten Year Plan recommended that the primary focus of pickleball court
provision should be on dedicated courts within community park sites to accommodate
organized play. Diana, Princess of Wales Park was recommended for new outdoor pickleball
courts.
PPC has requested non-exclusive seasonal use of the six new pickleball courts at Diana,
Princess of Wales Park for the purpose of operating Club outdoor pickleball activities. Based
on this, staff recommend that the courts at Diana, Princess of Wales Park be licensed to the
PPC to provide pickleball instruction, league play, members drop-in play.
2. Conditions of the Licence Agreement reflect shared Club and Public use
Access to the six new pickleball courts at Diana, Princess of Wales Park will be shared
between the PPC and the general public . The schedule of court time allocations shall be
determined by the City and will be subject to annual review, with the exact days and hours
determined and posted by signage and on the City’s website by April 1 each year. The courts
will be open for use from May 1 to October 31 each year (weather permitting).
Public engagement for the construction of pickleball courts at Diana, Princess of Wales Park
indicated strong approval for the project. Respondents included PPC members as well as non-
members. Shared Club and free Public use will ensure fair use of a City facility, regardless of
skill level, age or income.
The Licence Agreement is recommended to commence on October 1, 2025 and end on
December 31, 2028. This term aligns with the Licence Agreements of six Tennis Clubs that
operate courts throughout Pickering. The harmonization of terms will allow staff to conduct a
review of court usage as recommended in the Recreation & Parks Ten Year Plan before the
terms end in 2028.
CS 24-25 September 2, 2025
Page 3
3.Pickleball Courts at Diana, Princess of Wales Park
New pickleball courts at Diana, Princess of Wales will be the first courts dedicated strictly for
pickleball play in Pickering and the construction of the six new courts meets a key milestone
toward the target of 19 mostly dedicated pickleball courts to be constructed across the City by
2034. The courts will be open for play, weather permitting from May 1 to October 31 during
daylight hours starting at 8:00 am until dusk as the courts are unlit.
An acoustic study has been conducted to determine likely noise levels and inform design of the
courts to reduce noise where possible. Results of the acoustic study suggested that the
confirmed site location with existing setbacks from residential properties and the proximity to
Pickering Parkway and Highway 401 will assist in masking the noise.
Parking will be located in the lot adjacent to the courts, as well as the large gravel parking lot at
Chestnut Hill Developments Recreation Complex.
Staff recommends that the Mayor and City Clerk be authorized to execute the Licence
Agreement between the City and PPC, as set out in Attachment 1.
Attachment:
1.Pickering Pickleball Club Licence Agreement
Prepared By: Approved/Endorsed By:
Original Signed By Original Signed By
Karen Coleman, BA Laura Gibbs, MBA, MSc.
Manager, Recreation Services Director, Community Services
LG :kc
Recommended for the consideration
of Pickering City Council
Original Signed By
Marisa Carpino, M.A.
Chief Administrative Officer
Licence Agreement
This Licence Agreement is made as of the 1st day of October 2025
Between:
The Corporation of the City of Pickering (the "City")
-and -
Pickering Pickleball Club Inc (the "Club")
Article I Interpretation
Recitals:
1.The Club has requested to use the six pickleball courts within Diana, Princess of
Wales Park as shown on Schedule "A" attached hereto, located at 1550P Pickering
Parkway , in the City of Pickering, Region of Durham and these courts shall
hereinafter be referred to as the "licenced premises".
2.The Club has agreed to use the licenced premises on a non-exclusive seasonal basis
for the purpose of operating their non-profit pickleball club.
3.The City has agreed to grant to the Club a non-exclusive seasonal licence subject
to the terms and conditions contained in this agreement, permitting the Club to
access and use the licenced premises for the purpose of operating its non-
profit pickleball club. Therefore in this agreement the "City" is the Licensor and
the "Club" will be the Licensee.
Definitions
4.In this Agreement,
a)"Commencement Date" means October 1, 2025;
b)"Licenced Premises" means the pickleball courts and storage container
within Diana, Princess of Wales Park therein as shown on Schedule "A"
attached hereto, located at1550P Pickering Parkway , in the City of
Pickering, Regional Municipality of Durham;
c)"Licence Fee" means the fee payable pursuant to Section 22; and,
d)"Term" means the term of this Licence Agreement as set out in Section 18.
Headings
5.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 1 to Report CS 24-25
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Severability
6. 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 this Agreement and the remaining provisions of this
Agreement shall remain in force.
Governing Law
7. This Agreement shall be governed by and interpreted and enforced in
accordance with the laws in force in the Province of Ontario.
Entire Agreement
8. 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
9. (a) In consideration of the performance 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 non-exclusive seasonal
basis for the purpose of operating their non-profit Pickleball Club.
The Club acknowledges its licence and right to use the licenced
premises is non-exclusive.
(b) The Club acknowledges that this agreement does not create an
interest in the licenced premises nor does the Club claim any past or
present interest, howsoever arising, as a result of or connected in any
way with the use of the licenced premises.
(c) The licence granted herein is only for the duration of this agreement and
only for the purposes and uses stated herein. No other purposes or use
shall be permitted without prior written approval from the Director of
Community Services.
Club Use of Premises
The Premises shall be used only for Pickering Pickleball Club's non-profit pickleball
club, at its expense and for no other purpose without the prior written consent of the
City which consent may be withheld by the City in its sole discretion.
Nuisance
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10. The Club shall not carry on any activities or do or suffer any act or thing
that constitutes a nuisance or which, directly or indirectly, is offensive or
an annoyance to the City or other users of Diana, Princess of Wales Park.
City Use of Premises
11. It is acknowledged that if the City determines that 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 provide a Notice of Termination and shall then
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 Licenced Premises by the City or any other party.
Assignment
12. The Club shall not assign this Licence without the prior written consent of the City.
Licences
13. The Club may not grant a licence or permission to any other party to use the
Licenced Premises.
14. The Club shall submit their annual financial statement to the City by December 1st
of each year.
15. The Club shall submit a list of the Club Board of Directors and their contact
information to the City by December 1st of each year.
Article Ill Term
Term
16. The term of this Licence shall be 3 years and 3 months from the Commencement
Date to December 31, 2028.
17. The City may terminate this Licence at any time for any reason provided it has
given the Club six (6) months prior notice in writing. If urgent circumstances or
unforeseen events require the City to terminate this licence the City may do so
on providing 30 days’ notice to the Club.
18. The Club may terminate this Licence at any time for any reason provided it has
given the City six (6) months prior notice in writing.
Following Expiration
19. If the Club continues to use the Premises after the expiry of the licence, 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.
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Article IV Licence Fee
Licence Fee
20. The Club shall pay to the City as a licence fee for the entire Term in lawful
money of Canada the sum of Ten Dollar s ($10.00)
Article V
Maintenance, Repairs and Alterations of the Licenced Premises
21. The Club shall maintain and operate the Premises so that they shall always
be of good appearance, tidy, clean, safe and suitable for the proper
operation of the Premises.
22. The Club shall provide general maintenance services to the Premises at its
expense and shall provide all necessary cleaning and maintenance supplies
and cleaning equipment related to the Licenced premises.
23. 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, and the court surface life cycle replacement.
24. The Club shall be responsible for any damages or costs incurred due to the
misuse or negligence of the Club, its employees, invitees, members, servants,
agents, or others 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.
25. The Club shall immediately notify the City of any unsafe conditions on the Premises.
Alterations/Improvements to Premises
26. The Club shall only be permitted to make alterations and improvements to the
Premises that have been approved by the City.
Article VI Insurance and Indemnity
Club's Insurance
27. The Club, at its sole cost and expense, shall take out and maintain,
a) insurance upon property owned by it which is located on the Premises; and,
b) commercial general liability insurance pertaining to the Club's liability to
others in respect of injury, death or damage to property occurring
upon, in or about the Licenced 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 or licensees of
similar premises for the carrying on of similar businesses, activities or
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purposes but in any event in an amount 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 cancelled unless prior notice by registered letter has been given to
the City by the insurer 30 days in advance of the expiry date.
28. Prior to the Commencement Date, the Club 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.
29. The provision of the insurance policy required by this section shall not
relieve the Club from liability for claims not covered by the policy or which
exceed its limits, if any, for which the Club may be held responsible.
Insurance Risks
30. The Club shall not do, omit to do, or permit to be done or omitted to be done
upon the Licenced 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. Damage caused
to the courts, resulting in the increase of premiums shall be the sole
responsibility of the Club and payable to the City.
Indemnification
31. 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 may become liable by reason of any
breach, violation or non-performance 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
negligence or willful misconduct of the party claiming indemnification, its
employees or those for whom it is in law responsible.
Article VII Remedies on Default
City's Right to Remedy Default
32. In addition to all other remedies the City may have under this Agreement and
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in law, if the Club is in default of any of its obligations under this Agreement,
and such default 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, may remedy such
default and the Club shall be responsible for all such 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
33. 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 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
Club save only an express waiver in writing.
Article VIII Miscellaneous
Quiet Enjoyment
34. The City shall permit the Club to peaceably use 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 Club is not in default and
only to the extent and limits of the rights conveyed by this licence.
Right of Entry
35. The Club agrees to permit the City and authorized representatives of the City
to enter the Licenced 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
36. The Club may only erect 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 Laws
37. The Club, at its sole cost and expense, shall comply with all legal
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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
38. Any notice required to be given 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 notified the City in writing, and any such notice delivered shall
be deemed good and sufficient notice under the terms of this Agreement.
Contact:
Email:
Mike Garvey, President
mikegarvey24@gmail.com
39. 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 Civic Complex, One 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.
Schedule of Use
40. It is acknowledged and agreed that the Club and the City will share use of the
six courts located at Diana, Princess of Wales Park . The schedule shall be
determined by the City and will be subject to annual review, with the exact days
and hours determined and posted by April 1st each year. The courts will be
open for use from May 1 to October 31 each year (weather permitting). As the
courts are unlit, start and end times may vary throughout the season Any
alteration of the days and hours during the season shall be determined and
approved by the Director of Community Services.
CHDRC Indoor Court Use
41. Should the Club require the use of the indoor pickleball court(s) at the
Chestnut Hill Developments Recreation Complex for league play, tryouts
and/or weather - related reasons and the use can be accommodated; the
Club will be charged for their usage as per the current approved fees &
charges.
Schedules
42. Schedules "A" and "B" attached hereto form part of this Agreement.
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In Witness Whereof the parties have executed this Licence Agreement.
The Corporation of the City of Pickering
Kevin Ashe, Mayor
Susan Cassel, City Clerk
________________________________
Mike Garvey , President
(I have the authority to bind the Corporation)
Pickering Pickleball Club Inc
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FINCH R
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7318
Schedule "A"
Drawings and specifications, as instruments of service, are the property of the City of Pickering, the copyright in
the same being reserved to them. no reproduction may be made without the permission of the City of Pickering.
The contractor is to verify dimensions and data noted herein with conditions on the site and is held responsible
for reporting discrepancies to the City of Pickering for adjustment. no variation or modifications to work shown
shall be implemented without prior written approval from the City of Pickering.
Do not scale drawings.
KEY PLAN
SITE AREA
HYDRO ONE
TRANSMISSION
CORRIDOR
EXISTING
TRANSMISSION TOWER
- C
EXISTING
TRANSMISSION TOWER
- D
HYDRO CORRIDOR BOUNDARY
ENLARGEMENT AREA
TREE TO BE PRESERVED
EXISTING
TRANSMISSION TOWER
- B
15m MAINTENANCE EXCLUSION ZONE
10m MAINTENANCE EXCLUSION ZONE
OVERHEAD TRANSMISSION LINE
EXISTING TRANSMISSION TOWER
NETS & POSTS
1.2m HEIGHT WOOD DIVIDER FENCE
GROUNDING LOCATION
COURT GATE
3m HEIGHT WHITE VINYL CHAIN LINK FENCE
ASPHALT PAVING - LIGHT DUTY
ACRYLIC COURT SURFACING - TYPE B
ACRYLIC COURT SURFACING - TYPE A
PROPOSED PICKLEBALL COURTS
6 COURTS
PROPOSED ASPHALT WALKWAY
EXISTING BEATEN PATH
TO REMAIN INFILTRATION TRENCH & DRAINAGE
SEE SHEET L-04
EXISTING GRAVEL DRIVEWAY
EXISTING GRAVEL
PARKING LOT
EXISTING MUNICIPAL SIDEWALK
HYDRO ONE TRANSMISSION CORRIDOR BOUNDARY
LEGEND
REVISIONS / ISSUED FOR
7.SITE MAP FOR AGREEMENT 25/08/13 JD
6 RE-SCALED 25/07/25 JD
5 ISSUED FOR TENDER 25/04/14 JD
4 ISSUED FOR 4TH HYDRO ONE PERMIT SUBMISSION 25/03/31 JD
3 ISSUED FOR 3RD HYDRO ONE PERMIT SUBMISSION 25/01/29 JD
2 ISSUED FOR 2ND HYDRO ONE PERMIT SUBMISSION 24/06/14 JD
1 ISSUED FOR HYDRO ONE PERMIT SUBMISSION 24/01/17 JD
No. Description Date By
1500 O/C
1.
5
%
ENGINEERING SERVICES
RICHARD HOLBORN, P. ENG.
DIRECTOR, ENGINEERING SERVICES
1550P Pickering Parkway,
Pickering, Ontario, L1V 3V9
SCALE 1:300 PROJECT NO.
DRAWN JD P-030
CHECKED AM DRAWING NO.
DIANA PRINCESS OF
WALES PARK
DIANA - PICKLEBALL COURTS
DATE 2023-10-20
CONTRACT NO. T2025-8 L-01
Schedule “B”
Anticipated Schedule of Use for Diana, Princess of Wales Pickleball Courts
Pickering Pickleball Club Inc may be permitted to use the six pickleball courts during the
following times:
Mondays, Tuesdays, Wednesdays, Thursdays from 8:00 am to 12:00 pm and 4:00 pm to 9:00
pm or Dusk *
Fridays and Saturdays from 12:00 pm to 4:00 pm
Sundays from 4:00 pm to 9:00pm or Dusk *