ALTERNATIVES FOR CONSIDERATION. See Page 4 FINANCIAL – STAFFING – LEGAL IMPLICATIONS Financial: As outlined in Confidential Appendix “B” attached to Report PED19077. Fees payable outlined in Confidential Appendix “B” attached to Report PED19077 will be received into Account No. 46000-790016; Real Estate and Legal fees of $1,500 will be credited to Account No. 45408- 812036. Staffing: N/A Legal: Legal Services will be required to assist in the preparation of the necessary documents required to complete this transaction.
ALTERNATIVES FOR CONSIDERATION. Failure to secure a suitable location for the Navy League as contemplated by the subject Licence Agreement, the Navy League will have to source another location in which to operate its community-based programming. ALIGNMENT TO THE 2016 – 2025 STRATEGIC PLAN Community Engagement and Participation Xxxxxxxx has an open, transparent and accessible approach to City government that engages with and empowers all citizens to be involved in their community. Economic Prosperity and Growth Xxxxxxxx has a prosperous and diverse local economy where people have opportunities to grow and develop.
ALTERNATIVES FOR CONSIDERATION. Staff can be directed to enter into a dedicated tender process for the City of Xxxxxxxx. CORPORATE STRATEGIC PLAN Focus Areas: 1. Skilled, Innovative and Respectful Organization, 2. Financial Sustainability, 3. Intergovernmental Relationships, 4. Growing Our Economy, 5. Social Development,
ALTERNATIVES FOR CONSIDERATION. No other alternate considerations are being proposed at this time. If the Assignment and Assumption Agreement is not approved the bocce tent canopy will go into further disrepair. As a result, the public use of the facility will be greatly reduced and become a health and safety hazard. FINANCIAL/STAFFING/LEGAL IMPLICATIONS: Financial: The financial implications are the value to replace the tent canopy structure valued at $10,000. The Trieste Bocce Association is aware that the City of Xxxxxxxx is prepared to replace the structure this one-time only. The Trieste Bocce Association has agreed to sign the Assignment and Assumption Agreement in order to transfer the ownership of the tent canopy structure to the City of Xxxxxxxx. Staffing: There are no staffing implications associated with the recommendations of Report ECS08044. Legal: Staff have consulted and worked with Legal Services in the preparation of the Assignment and Assumption Agreement with Trieste Bocce Association. SUBJECT: Assignment and Assumption Agreement for Trieste Bocce Association (ECS08044) (Xxxx 7) – Page 4 of 4 POLICIES AFFECTING PROPOSAL: None. RELEVANT CONSULTATION: Recreation Division staff consulted with Risk Management, Legal Services and the Real Estate Services Division. CITY STRATEGIC COMMITMENT: By evaluating the “Triple Bottom Line”, (community, environment, and economic implications) we can make choices that create value across all three bottom lines, moving us closer to our vision for a sustainable community, and Provincial interests. Community Well-Being is enhanced. 🗹 Yes 🞏 No Recreation facilities are highly valued by Hamilton residents. Appropriate stewardship of these community assets is vital to community well-being. Environmental Well-Being is enhanced. 🗹 Yes 🞏 No Provides a physical infrastructure for outdoor recreational enjoyment in a park setting.
ALTERNATIVES FOR CONSIDERATION. See Page 5 FINANCIAL / STAFFING / LEGAL IMPLICATIONS Financial: Lease revenue is credited to the Confederation Park budget administered by HRCA on behalf of the City under a management agreement. Staffing: There are no staffing implications associated with the recommendations of this Report. Legal: Legal Services Division will be involved in the development of the Lease Renewal Agreement through to its completion. HISTORICAL BACKGROUND In 1993, 852850 Ontario Inc. was given a 15 year Lease by the City and HRCA. At that time the tenant spent approximately $2,000,000 on renovating and expanding a former schoolhouse into a lakeside restaurant operating as Barangas on the Beach. In 2008, the HRCA and 852850 Ontario Inc. agreed to a Lease Renewal Agreement with a 15 year term that was never approved by Council or signed by the City. The HRCA is authorized to approve any leases with less than a one year term. The 2008 Lease Renewal Agreement had a 15 year term which must be approved by Council prior to execution by all parties. It has been agreed by the tenant and HRCA that the base rent will triple from the $20,000, agreed to in the initial Lease (1993), to $60,000. Regardless, for many years the percentage rent equal to 6% of gross revenue has been triggered and net rental revenues have ranged from $75,000 to $85,000 per year. That trend is expected to continue under the Lease Renewal Agreement once ratified. POLICY IMPLICATIONS The recommendation is consistent with the City’s Real Estate Portfolio Management Strategy Plan as approved by City Council on November 24, 2004 and Procedural By- Law No. 04-299. On June 29, 2005, City Council approved the Delegation of Authority to staff for the acquisition, disposition or lease of properties as follows: General Manager or designate not exceeding $150,000, and; City Manager or designate not exceeding $250,000. Although the amount of the annual Lease payments is below the foregoing limits, Council approval is required for leases having a term of more than five (5) years, as mandated by Council. The term of the Lease Renewal Agreement is 15 years, maturing in 2023. RELEVANT CONSULTATION Confederation Park Master Plan Committee Management City Manager’s Office, Legal Services Division Public Works, Environment and Sustainable Infrastructure Division, Landscape Architectural Services Section Hamilton Regional Conservation Authority ANALYSIS / RATIONALE FOR RECOMMENDATION Barangas has been a success story for the ...
ALTERNATIVES FOR CONSIDERATION. The City had considered agreeing to a Lease extension with only a five (5) year term until 2017; however, Legal Services has advised that the City is basically committed to honouring the existing unsigned agreement. The tenant had requested that a new 15 year agreement be devised to extend until 2027, however, that was considered imprudent by the City as the Confederation Master Plan is still unresolved. CORPORATE STRATEGIC PLAN Focus Areas: 1. Skilled, Innovative and Respectful Organization, 2. Financial Sustainability, 3. Intergovernmental Relationships, 4. Growing Our Economy, 5. Social Development, 6. Environmental Stewardship, 7. Healthy Community
ALTERNATIVES FOR CONSIDERATION. Not Applicable FINANCIAL / STAFFING / LEGAL IMPLICATIONS (for Recommendation(s) only) Financial: None Staffing: None Legal: The legal implications of the Agreement include privacy and other statutory obligations and the duration of the Agreement: The MOH for the Board of Health and the OAHPP are both Health Information Custodians (HIC) pursuant to PHIPA and are subject to the provisions of PHIPA. XXXXX specifically authorizes the MOH to disclose personal health information to the OAHPP if the disclosure is made for a purpose of the Ontario Agency for Health Protection and Promotion Act. Further details are provided under the Policy Implications of this report. The City, as a Board of Health, is subject to the provisions of the Health Protection and Promotion Act. While the Agreement will be between the MOH for the Board and the OAHPP, the Agreement will need to be mindful of the City’s statutory obligations. The draft Agreement provides the MOH for the Board and the OAHPP with the right to terminate the Agreement on at least 3 months’ notice and further provides the MOH for the Board with the option to stop disclosing one or more data sets, without cause, at any time. HISTORICAL BACKGROUND (Chronology of events) The OAHPP mandate includes providing scientific advice and guidance to support PHUs in their role. The Agreement provides the foundation for the OAHPP to achieve this aim. Development of the Agreement was done as a health unit – OAHPP collaboration which began in February 2010. The steps taken to-date are: February 2010: The consultation process began when the OAHPP introduced the concept of developing the Agreement at the Council of Medical Officers of Health (COMOH) meeting. Recognizing the different governance structures in public health, a working group was established with representatives from four PHUs to work with OAHPP legal and privacy staff to draft a template Agreement and provide feedback on its structure and content. April - August 2010: The OAHPP implemented a collaborative development and review process for the draft Agreement with working group participants from Toronto Public Health; Simcoe-Muskoka District Health Unit; Niagara Region Public Health; and Algoma Public Health;. August 2010: The draft Agreement was sent to the Office of the Information and Privacy Commissioner (IPC) for comment. October 2010: The semi-final draft, incorporating many of the key recommendations from IPC, was circulated to the working group for feedback....
ALTERNATIVES FOR CONSIDERATION. See Page 4 FINANCIAL – STAFFING – LEGAL IMPLICATIONS Financial: Operational and maintenance costs for the property, as outlined in the Lease Agreement, will be borne by Green Venture. As in the previous Lease Agreement, longer term Capital improvements, as a responsibility of the City, will be incorporated into the 10-year Capital Plan for the Tourism and Culture Division. Staffing: There are no staffing implications associated with the recommendations of Report PED15005. Legal: Legal Services Division will be involved in the development of the Lease Agreement through to its completion.
ALTERNATIVES FOR CONSIDERATION. Not Applicable FINANCIAL – STAFFING – LEGAL IMPLICATIONS Financial: Ratification of the Letter of Agreement is a condition of the City of Xxxxxxxx becoming eligible for an estimated $11,192,903 in provincial funding relating to 2017 / 2018 as part of the 2017 / 2018 program. This represents an increase of 4.9% over the previous 12-month total allocation of $10,669,638. Staffing: None. Legal: The enacting of the supporting By-law per Appendix “C” to Report FCS18013 is a requirement to receive funding under the Dedicated Gas Tax Funds for Public Transportation Program.
ALTERNATIVES FOR CONSIDERATION. The alternative to the recommendation in this report is to allow the Transit Passenger Shelter Amending Agreement to terminate on December 31, 2017 and assume ownership and day to day operational responsibilities related to all 670 shelters. This would result in a revenue loss from the termination date of the existing contract until the effective date of a new licence agreement can be procured and awarded. It would also result in the new costs to the City for maintenance (i.e. – broken glass) and the bi-weekly cleaning of existing shelters as the responsibility for maintenance and cleaning are currently covered in the existing Agreement. ALIGNMENT TO THE 2016 – 2025 STRATEGIC PLAN Community Engagement & Participation Xxxxxxxx has an open, transparent and accessible approach to City government that engages with and empowers all citizens to be involved in their community. Economic Prosperity and Growth Xxxxxxxx has a prosperous and diverse local economy where people have opportunities to grow and develop.
