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Staff Report
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Report To: General Government Committee
Date of Meeting: November 6, 2023 Report Number: LGS-029-23
Submitted By: Rob Maciver, Deputy CAO/Solicitor
Reviewed By: Mary -Anne Dempster, CAO Resolution#: GG-184-23
File Number:
By-law Number:
Report Subject: Amendment to OPG License Agreement for Playing Fields
Recommendations:
1. That Report LGS-029-23, and any related delegations or communication items, be
received;
2. That the Deputy CAO/Solicitor be authorized to execute the "Third Licence
Amending Agreement" with the Ontario Power Generation, on terms and conditions
substantially consistent with the contents of Report LGS-029-23;
3. That the Deputy CAO/Municipal Solicitor be authorized to execute any future
amendments to the Licence Agreement required to accommodate the operational
needs of either OPG or the Municipality; and
4. That all interested parties listed in Report LGS-029-23, and any delegations, be
advised of Council's decision.
Municipality of Clarington
Report LGS-029-23
Report Overview
Page 2
This report provides background and recommendations to amend a licensing agreement for
property owned by Ontario Power Generation and used by Clarington for public recreational
purposes.
1. Background
Initial Agreement and Amendments
1.1 In 1977, Clarington and Ontario Hydro (which later transferred to the Ontario Power
Generation (OPG) entered into an agreement with respect to the social, economic and
financial impacts on the municipality arising out of the construction and operation of the
Darlington Generating Station. This agreement provided that Ontario Hydro would
compensate the municipality for such things as advancing community facilities and
providing such community services as recreational activities.
1.2 In 1990, Clarington entered into a non-exclusive license agreement with OPG, for 50
years from June 1, 1990, to allow Clarington to enter and construct upon a portion of
OPG's lands, for public recreational uses (the "License Agreement").
1.3 In 1997, arising out of Report WD-50-97, OPG and Clarington entered into an amending
agreement (first amending agreement) (By-law 97-171) which expanded the boundaries
of the lands and where OPG agreed to advance funds for the construction and
installation of soccer facilities. This change arose out of discussions with the Darlington
Youth Soccer League (DYSL). The DYSL assumed the cost of construction and the
Municipality assumed the cost of the maintenance. In recent years, Clarington entered
into an agreement with the DYSL to provide them with autonomy over booking the fields
based on their agreement to provide on -going upkeep, and payment for electricity and
water use.
1.4 In 2000, arising out of Report WD-24-00, the parties entered into a second amending
agreement (By-law 2000-70) to include additional lands involving the Darlington
Baseball Field and the former "Solina Farm House Lands". The Municipality of
Clarington was responsible for grass cutting, fencing, bleachers, garbage pickup,
amongst other obligations. OPG was responsible for the electrical system, the electrical
shed, and sprinkler system.
1.5 In 2002, via a letter, the Municipality released OPG of its maintenance obligations for
the electrical system and lights associated with the baseball field.
Municipality of Clarington
Report LGS-029-23
Page 3
1.6 In 2013, arising out of Report OPD-008-13, the second amending agreement was
rescinded and Clarington relinquished the use of the Darlington Baseball Field for the
purpose of additional parking for the Darlington Nuclear Generating Station. This
termination was due to security and maintenance reasons and the fact that the lands
had not been available for public use for several years. OPG was also in need of the
lands for vehicular parking to accommodate the needs of the Refurbishment Project.
2. Proposed Third Amending Agreement
2.1 OPG has requested a modification to the License Agreement to enable OPG to use the
lower field parking lots for a snow storage area during the winter months. The playing
fields are not in use during winter, and so Staff have no reservations about
recommending this change.
2.2 This additional agreement will also formally remove the upper soccer fields from the
scope of the License Agreement to confirm what was previously agreed upon. This
amendment is a "housekeeping" item as the upper soccer field has not been in
existence for many years. A map illustrating the licensed area is included as Attachment
"A" to this Report.
3. Future Amendments
3.1 This agreement and its accompanying amendments fall within the "real estate portfolio"
of the Legal Division and have no monetary value or larger community impact. As such,
Staff are recommending that the details and execution of this, and future amendments
to this agreement, be delegated to the Deputy CAO/Solicitor.
4. Financial Considerations
4.1 Not applicable.
5. Concurrence
This report has been reviewed by the Director of Public Works who concurs with the
recommendations.
Municipality of Clarington
Report LGS-029-23
6. Conclusion
Page 4
It is respectfully recommended that Council authorize the execution of the proposed
third amending agreement with OPG, and delegate the authority for future changes, to
the Deputy CAO/Municipal Solicitor.
Staff Contact: Rob Maciver, Deputy CAO/Solicitor, 905-623-3379 or rmaciver@clarington.net.
Attachments:
Attachment A = Map showing licensed area
Interested Parties:
The following interested parties will be notified of Council's decision:
Nick Bryan, Sr. Real Estate Associate, Ontario Power Generation
Izsak Dewar, Real Estate Associate, Ontario Power Generation
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