9. Lease - 2 Beaverbrook road - kanata beaverbrook community centre, outdoor pool and public tennis courts
LOCATION – 2, CHEMIN BEAVERBROOK – CENTRE COMMUNAUTAIRE KANATA BEAVERBROOK, PISCINE EXTÉRIEURE ET terrains DE TENNIS PUBLICS
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That Council:
1. Approve the Lease with Coplan Realty Company Limited and McKeen Foodmarkets Limited (Landlord) for the Kanata Beaverbrook Community Centre, Outdoor Pool and Public Tennis Courts located at 2 Beaverbrook Road for a term of twenty (20) years commencing 1 January 2012 and terminating 31 December 2031 at an estimated total cost of $1,344,170 plus HST;
2. Designate the community centre space, 4,640ft2, Outdoor Pool and Public Tennis Courts located at 2 Beaverbrook Road as a Municipal Capital Facility (MCF) as permitted by Section 110 of the Municipal Act, 2001 and as defined in Ontario Regulation 603/60 as amended to 88/10, and that this designation be implemented by way of a Municipal Capital Facilities Agreement between the City and the Landlord (refer to Document 1) and by the enactment of the associated by-law for the exemption of taxes for municipal and school purposes (refer to Document 2), both in accordance with the requirements of the Municipal Act and this report;
3. Declare that the Municipal Capital Facilities (MCF) located at 2 Beaverbrook Road are for the purposes of the municipality and for public use; and
4. Authorize the Deputy City Manager, City Operations to finalize and execute the Municipal Capital Facilities Agreement for the premises located at 2 Beaverbrook Road.
RECOMMANDATIONS DU COMITÉ
Que le Conseil:
1.
approuve la location auprès de Coplan
Realty Company Limited et McKeen Foodmarkets Limited (le Propriétaire) du
Centre communautaire Kanata Beaverbrook, de la piscine extérieure et des
terrains de tennis publics situés au 2, chemin Beaverbrook pour une durée de
20 ans débutant le 1er janvier 2012 et se terminant
le 31 décembre 2031 pour la somme estimée totale de
1 344 170 $, TVH en sus;
2.
désigne en tant qu’immobilisations
municipales (IM) l’espace du centre communautaire (4 640 pi2),
la piscine extérieure et les terrains de tennis publics situés au 2,
chemin Beaverbrook, comme l’autorise l’article 110 de la Loi de 2001
sur les municipalités et comme le définit le règlement de l’Ontario no 603/60
modifié par le règlement no 88/10. Que cette désignation soit
officialisée par une entente sur les immobilisations municipales entre la Ville
et le Propriétaire (voir le document 1) et que soit appliqué le règlement
associé au sujet de l’exemption de taxes municipales et scolaires (voir le
document 2), tous deux conformes aux exigences de la Loi de 2001 sur
les municipalités et du présent rapport;
3. déclare que les immobilisations municipales situées au 2, chemin Beaverbrook sont mises à la disposition de la municipalité et du public; et
4. autorise le directeur municipal adjoint des Opérations municipales à finaliser et à mettre en vigueur l’entente sur les immobilisations municipales concernant les installations situées au 2, chemin Beaverbrook.
1. City Manager’s report dated 28 November 2011 (ACS2011-CMR-REP-0036).
2. Extract of Finance and Economic Development Committee Minutes of 6 December 2011.
Finance and Economic Development Committee
Comité des finances et du développement économique
and Council / et au Conseil
28 November 2011 / le 28 novembre 2011
Submitted by/Soumis par : Kent Kirkpatrick, City Manager/Directeur municipal
Contact Person/Personne ressource : Robin Souchen, Manager, Realty Services
Real Estate Partnerships and Development Office/
Bureau des partenaires immobiliers et du développement
(613-) 580-2424 x 21549, robin.souchen@ottawa.ca
That the Finance and Economic Development Committee recommend that Council:
1. Approve the Lease with Coplan Realty Company Limited and McKeen Foodmarkets Limited (Landlord) for the Kanata Beaverbrook Community Centre, Outdoor Pool and Public Tennis Courts located at 2 Beaverbrook Road for a term of twenty (20) years commencing 1 January 2012 and terminating 31 December 2031 at an estimated total cost of $1,344,170 plus HST;
2. Designate the community centre space, 4,640ft2, Outdoor Pool and Public Tennis Courts located at 2 Beaverbrook Road as a Municipal Capital Facility (MCF) as permitted by Section 110 of the Municipal Act, 2001 and as defined in Ontario Regulation 603/60 as amended to 88/10, and that this designation be implemented by way of a Municipal Capital Facilities Agreement between the City and the Landlord (refer to Document 1) and by the enactment of the associated by-law for the exemption of taxes for municipal and school purposes (refer to Document 2), both in accordance with the requirements of the Municipal Act and this report;
3. Declare that the Municipal Capital Facilities (MCF) located at 2 Beaverbrook Road are for the purposes of the municipality and for public use; and
4. Authorize the Deputy City Manager, City Operations to finalize and execute the Municipal Capital Facilities Agreement for the premises located at 2 Beaverbrook Road.
Que le Comité des finances et du développement économique recommande au Conseil :
1. d’approuver la location auprès de Coplan Realty Company
Limited et McKeen Foodmarkets Limited (le Propriétaire) du Centre communautaire
Kanata Beaverbrook, de la piscine extérieure et des terrains de tennis publics
situés au 2, chemin Beaverbrook pour une durée de 20 ans débutant le 1er janvier 2012
et se terminant le 31 décembre 2031 pour la somme estimée totale de
1 344 170 $, TVH en sus;
2. de désigner en tant qu’immobilisations municipales (IM)
l’espace du centre communautaire (4 640 pi2), la piscine
extérieure et les terrains de tennis publics situés au 2, chemin
Beaverbrook, comme l’autorise l’article 110 de la Loi de 2001 sur les
municipalités et comme le définit le règlement de l’Ontario no 603/60
modifié par le règlement no 88/10. Que cette désignation soit
officialisée par une entente sur les immobilisations municipales entre la Ville
et le Propriétaire (voir le document 1) et que soit appliqué le règlement
associé au sujet de l’exemption de taxes municipales et scolaires (voir le
document 2), tous deux conformes aux exigences de la Loi de 2001 sur
les municipalités et du présent rapport;
3. de déclarer que les immobilisations municipales situées au 2, chemin Beaverbrook sont mises à la disposition de la municipalité et du public; et
4. d’autoriser le directeur municipal adjoint des Opérations municipales à finaliser et à mettre en vigueur l’entente sur les immobilisations municipales concernant les installations situées au 2, chemin Beaverbrook.
The former City of Kanata negotiated a long term Lease commencing 1 January 1988 and terminating 31 December 2011 with Coplan Realty Company Limited and McKeen Foodmarkets Limited with respect of the Kanata Beaverbrook Community Centre, outdoor pool and public tennis courts (2 Beaverbrook Road). Under the current lease, the City is responsible for all charges related to the community centre, outdoor pool and public tennis court operations, and its proportionate share of the operating costs for common/shared areas (i.e. parking lot maintenance). In 2010, the total paid to the Landlord for operating costs was $24,721 or $5.33/ft2 (refer to Document 3).
The City has a renewable recreation funding agreement with the Kanata Beaverbrook Community Association (KBCA) to manage and operate the community centre space within the building at 2 Beaverbrook Road, approximately 4,640ft2. The community centre space is well used, offering approximately 60,000 participant hours (hours of programming multiplied by average number of participants per program) per year. Programming includes: a nursery school, Irish dance, Scouts/Guides, fitness/wellness, cultural and general interest programs. In 2011, the KBCA is budgeted to receive $24,264 in City funding to support their management and operation of the community centre (over and above the lease and operating costs of the premises).
The City directly operates the outdoor pool and the public tennis courts. The Beaverbrook Outdoor Pool hosts approximately 500 Learn to Swim registrations each summer as well as 11,565 Public Swim admissions. The public tennis courts are unsupervised and one of the two surfaces currently needs to be resurfaced. These are the only two public tennis courts in the community. The surface has also been used in the past by local residents for basketball and ball hockey.
In 2010, the actual operating costs to the City for the maintenance of the outdoor pool and tennis courts, in addition to the property leasing costs, were $66K which does not include programming and staff costs for outdoor pool.
The lease of these recreational facilities will maintain community access to parks and recreation services, thereby contributing to the overall health of the community. Research into alternatives for local access to community space revealed limited options. These parks and recreation facilities are situated proximate to rental accommodations and housing cooperatives.
Negotiations with the Landlord have resulted in a new lease for the Community Centre, of approximately 4,640ft2, and the Outdoor Pool and the Public Tennis Courts for a twenty (20) year term commencing 1 January 2012 and termination 31 December 2031. The base rent for the Community Centre space only for the term will be $8.00/ft2 plus HST per annum (or $37,120 annually). The operating rent for the first year of the term is estimated at $12,549 plus HST. This amount is subject to an annual increase and does not include realty taxes which it is anticipated will be waived under the Municipal Capital Facility Agreement. The City is also responsible for an annual payment of $6,000 plus HST per annum commencing 1 January 2012 and terminating 31 December 2021 for the land containing the Outdoor Pool and Public Tennis Courts. On 1 January 2022 this amount will increase to $7,000 plus HST per annum. The City is also responsible for the costs of replacement of the community centre roof which will be amortized over fifteen (15) years at fifteen percent (15%) interest on the declining balance with an annual payment of $3,789 plus HST(refer to Document 4).
In order to minimize the cost to the City of the proposed lease, it will be necessary to ensure that the community centre located at 2 Beaverbrook Road is treated as a Municipal Capital Facility (MCF) as set out in Section 110 of the Municipal Act, 2001 and as defined in Ontario Regulation 603/06 as amended to 88/10. In order for the community centre space to be designated as a MCF, the portion of the leased premises known as the community centre will be subject to a MCF Agreement between the City and the Landlord and the facility must be primarily used for local community activities, which Council has declared are for the purposes of the municipality and for public use.
The estimated 2012 operating budget pressure associated with this lease in year 1 is approximately $42,808 (cost of proposed lease in 2012 is $59,458 plus HST in Document 4 - minus 2011 budget of $25,000). It is anticipated that the annual savings from the tax exemption would be a portion of the anticipated $13,000 in realty taxes forecasted for 2012.
Other instances in which the City has sought to designate community and/or recreational facilities as MCFs in order to minimize the cost to taxpayers and to provide accessible parks/recreation services to the public include: (1) development of the sports dome in Ben Franklin Park (ACS2007-CPS-PAR-0001) and (2) development of the Bell Sensplex (ACS2003-CMR-OCM-0014).
While this facility is located in the Beaverbrook community and primarily services the suburban community, residents from the rural communities such as West Carleton and Goulbourn would continue to be permitted to participate in the programs/services offered through these facilities
Consultation has been undertaken with Parks, Recreation and Culture, Legal Services, the Kanata Beaverbrook Community Association and the Ward Councillor.
Ward 4 - Kanata North - Councillor Marianne Wilkinson is aware of and concurs with the recommendations in this report.
There are no legal impediments associated with the recommendations in this report. Subsections 110(1) and 110(6) of the Municipal Act, 2001 together with related Regulation under this Act, authorize the City to enter into a municipal capital facilities agreement with the Landlord, on the land leased by the City for the provision of municipal community centres where the facilities are used for local community activities for the purposes of the municipality and for public use and to exempt the facilities from municipal and school taxes as applicable. The Municipal Capital Facilities Agreement will continue for the term of the lease.
There is a risk that once the Kanata North Recreation Complex is completed, within the next five (5) years, users of the Beaverbrook Community Centre, Outdoor Pool and Tennis Courts will dwindle as they start using the new Recreation Complex. This could make the Beaverbrook Community Centre, Outdoor Pool and Tennis Courts non-viable. In order to minimize this risk there is a termination clause in the Lease that allows the City to terminate the Lease after the first five (5) years of the term upon providing six (6) months written notice. Should the City exercise its right to terminate at the end of the first five (5) years of the term, all amounts due and owing for the roof repairs which would be approximately $38K, will become payable.
The recommendations in this report relate to Council’s proposed strategic priorities related to health and quality of life and the goal in 2011-2014 of ensuring that all residents enjoy a high quality of life and contribute to community well-being.
There are no technical implications associated with the recommendations of this Report.
This lease represents a total estimated cost over the twenty (20) year term of approximately $1,344,170 plus HST. The funds for these costs will be paid from REIO 300526, Cost Centre 171148 and Cost Element 502610. Figures provided in this report do not include the operating costs of the exterior facilities (pool and tennis courts) or the programming of the facility.
The Draft 2012 Budget contains the funding to cover the proposed lease cost assuming the facility is designated a Municipal Capital Facility for property tax exemption. Subsequent to 2012, the increased costs associated with inflationary increases related to operating costs (estimated at 5% per annum) and the $1,000 per annum increase in the land rent commencing in 2022 will be submitted annually for budget deliberation by the Parks, Buildings and Grounds Operations Maintenance Branch of the Public Works Department for Committee and Council consideration.
The community centre space is not yet accessible but discussions with the Landlord have indicated their willingness to improve accessibility through installation of an elevator to the community centre space. Further discussions will occur during the term of the lease with a view to cost sharing between the Landlord and the City.
Document 1 - Municipal Capital Facility Agreement
Document 2 - Municipal Capital Facility By-law
Document 3 - Breakdown of 2010 Operating Costs
Document 4 - Financial Details of Lease
Upon approval by Council the following will be done:
- Real Estate Partnerships and Development Office will complete lease documentation;
- Parks, Recreation and Culture will complete Renewable Recreation Funding Agreement;
- Parks, Recreation and Culture and Legal Services will complete the Municipal Capital Facility Agreement. The City Clerk, in consultation with the Treasurer, will provide the notifications of the Municipal Capital Facility by-law to the Municipal Property Assessment Corporation, the Minister of Education and to the School Board having jurisdiction in the area, as required by the Municipal Act, 2001.
DOCUMENT 1
Municipal Capital Facility Agreement
THIS AGREEMENT dated the day of , 2011.
BETWEEN:
CITY OF OTTAWA
(hereinafter referred to as the “City”)
AND:
COPLAN REALTY COMPANY LIMITED AND
McKEEN FOODMARKETS LIMITED
(hereinafter referred to as “Landlord”)
WHEREAS:
A. The Landlord owns the lands known municipally as 2 Beaverbrook Road in the City of Ottawa, which lands are more particularly described in Annex “A” hereto (the “Lands”);
B. By Agreement dated , 2011 between the City and the Landlord, the Landlord agreed to lease portions of the Lands from January 1, 2012 to and including December 31, 2031 (the “Leased Lands”);
C. The Landlord wishes, pursuant to Section 110 of the Municipal Act, 2001, to enter into an Agreement with the City for use of the Leased Lands as municipal capital facilities; and
D. The City wishes, pursuant to Section 110 of the Municipal Act, 2001, to exempt the Leased Lands from taxation for municipal and school purposes;
E. The Leased Lands will be used for local community activities for the purposes of the City, thus qualifying the Leased Lands as community center class of municipal capital facilities described in Ontario Regulation 603/06;
THEREFORE, in consideration of the making of this Agreement and the mutual covenants contained herein, the parties undertake, covenant and agree as follows:
DESIGNATION
1. The City will by by-law (substantially in the form attached as Annex “B”) designate the Leased Lands a municipal capital facility.
TERM
2. The term of this Agreement and the designation of the Leased Lands municipal capital facilities shall be from January 1, 2012 to the earliest of:
(a) December 31, 2031; and
(b) the day the Lease expires, is surrendered or terminates; and
(c) the day the City ceases to use the Leased Lands as municipal capital facilities as that term is described in Ontario Regulation 603/06 or amendments thereto.
TAX EXEMPTION
3. The City shall, pursuant to subsection 110(6) of the Municipal Act, 2001, exempt the Leased Lands from property taxation for municipal and school purposes.
ZONING
4. For the purposes of clarity, the City acknowledges and agrees that neither this Agreement nor the proposed by-law shall in any way affect the zoning of the Lands or the permitted uses of the Lands under applicable laws.
REGISTRATION
5. The by-law referred to in section 1 of this Agreement shall be registered by the City on title of the Lands.
OBLIGATIONS AS COVENANTS
6. Each obligation expressed in this Agreement, even though not expressed as a covenant, is considered to be a covenant for all purposes.
ENTIRE AGREEMENT
7. This Agreement contains all the covenants, Agreements and understandings between the parties concerning its subject matter.
ENUREMENT
8. This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
PARTIAL INVALIDITY
9. If any provision of this Agreement or the application of it to any person or circumstances is held to any extent invalid or unenforceable, the remainder of this Agreement or the application of the provisions to persons or circumstances other than those as to which it is held invalid or unenforceable is not affected.
FURTHER ASSURANCES
10. The parties shall do and execute all such further acts, deeds, instruments or things as may be necessary or desirable for the purpose of carrying out the intent of this Agreement.
IN WITNESS WHEREOF the parties hereto have duly executed this Agreement.
CITY OF OTTAWA
Per:
Name: Steve Kanellakos
Title: Deputy City Manager,
Community and Protective Services
COPLAN REALTY COMPANY LIMITED
Per:
Name:
Title:
I have authority to bind the Corporation.
McKEEN FOODMARKETS LIMITED
Per:
Name:
Title:
I have authority to bind the Corporation.
DOCUMENT 2
Municipal Capital Facility By-law
BY-LAW NO. 2011-
A by-law of the City of Ottawa to designate certain lands as a municipal capital facility.
WHEREAS Section 110 of the Municipal Act, 2001, S.O., c.25, as amended (the “Municipal Act, 2001”) permits a municipality to enter into Agreements for the provision of municipal capital facilities;
AND WHEREAS Section 110 of the Municipal Act, 2001 permits a Council of a municipality to designate lands within the classes of lands described in Ontario Regulation 603/06 as a municipal capital facility and may exempt the eligible portion of the facilities from taxation for municipal and school purposes;
AND WHEREAS 2 Beaverbrook Road is the location of municipal capital facilities, where the property leased by the City is used for local community activities, for the purposes of the City and are for public use;
AND WHEREAS the City and Coplan Realty Company Limited and McKeen Foodmarkets Limited have entered into a Municipal Capital Facilities Agreement dated , 2011 substantially in the form attached as Schedule “B” describing the facilities provided and used for local community activities, for the purposes of the City and for public use, to be exempt from taxes for municipal and school purposes;
AND WHEREAS City Council, on , 2011 approved the above Agreement and the passing of a by-law to designate eligible portions of 2 Beaverbrook Road as municipal capital facilities;
THEREFORE the Council of the City of Ottawa enacts as follows:
1. The Council hereby designates the eligible portion of the facilities more particularly described on Schedule “A” (the “Lands”) and all improvements thereto located at 2 Beaverbrook Road in the City of Ottawa and as municipal capital facilities for community center purposes of the City and confirms the Agreement between the City and Coplan Realty Company Limited and McKeen Foodmarkets Limited, by which such designation is implemented, and which Agreement is attached as Schedule “B” to this by-law.
2. The municipal capital facilities located on the Lands which are leased by the City and used for the purposes of the City for local community activities are hereby exempted from taxation for municipal and school purposes for the period January 1, 2012 to December 31, 2031 or until such time as the City ceases to use the Lands as a municipal capital facility as that term is definite in Ontario Regulation 603/06, whichever occurs first.
ENACTED AND PASSED this day of , 2011.
CITY CLERK MAYOR
SCHEDULE “A”
Legal Description of Lands
All and Singular that certain parcel or tract of land and premises situate, lying and being in the City of Kanata, formerly the Township of March, in the Regional Municipality of Ottawa-Carleton (City of Ottawa) and BEING COMPOSED of:
Firstly: Part of the Block P on a plan registered in the Registry Office for the Registry Division of Ottawa-Carleton (No.5) as No. 786 and designated as Parts 9 and 10 on Plan 5R-6681 registered in the said Land Registry Office (No. 5).
Secondly: Part of Block X on a plan registered in the Registry Office for the Registry
Division
of Ottawa-Carleton (No.5) as No. 815 and designated as Parts 6 and 7 on Plan
5R-6681 registered in the said Land Registry Office (No.5).
DOCUMENT 3
Breakdown of 2010 Operating Costs
Realty taxes |
$12,770 |
Janitorial |
$ 3,188 |
Hydro |
$ 1,513 |
Maintenance shared areas (snow plowing, garbage) |
$ 3,459 |
Insurance |
$ 1,035 |
Fire Inspections |
$ 262 |
Graffiti Removal |
$ 212 |
Garbage Removal |
$ 477 |
Water |
$ 1,305 |
Admin Fee |
$ 500 |
TOTAL |
$24,721 |
DOCUMENT 4
Financial Details of Lease
2012 to 2031
Lease - 2 Beaverbrook road - kanata beaverbrook community centre, outdoor pool and public tennis courts
LOCATION – 2, CHEMIN BEAVERBROOK – CENTRE COMMUNAUTAIRE KANATA BEAVERBROOK, PISCINE EXTÉRIEURE ET terrains DE TENNIS PUBLICS
ACS2011-CMR-REP-0036 KANATA NORTH/KANATA NORD (4)
REPORT RECOMMENDATIONS
That the Finance and Economic Development Committee recommend Council:
1. Approve the Lease with Coplan Realty Company Limited and McKeen Foodmarkets Limited (Landlord) for the Kanata Beaverbrook Community Centre, Outdoor Pool and Public Tennis Courts located at 2 Beaverbrook Road for a term of twenty (20) years commencing 1 January 2012 and terminating 31 December 2031 at an estimated total cost of $1,344,170 plus HST;
2. Designate the community centre space, 4,640ft2, Outdoor Pool and Public Tennis Courts located at 2 Beaverbrook Road as a Municipal Capital Facility (MCF) as permitted by Section 110 of the Municipal Act, 2001 and as defined in Ontario Regulation 603/60 as amended to 88/10, and that this designation be implemented by way of a Municipal Capital Facilities Agreement between the City and the Landlord (refer to Document 1) and by the enactment of the associated by-law for the exemption of taxes for municipal and school purposes (refer to Document 2), both in accordance with the requirements of the Municipal Act and this report;
3. Declare that the Municipal Capital Facilities (MCF) located at 2 Beaverbrook Road are for the purposes of the municipality and for public use; and
4. Authorize the Deputy City Manager, City Operations to finalize and execute the Municipal Capital Facilities Agreement for the premises located at 2 Beaverbrook Road.
Staff responded to questions from Committee members with respect to the proposed agreement and the impact on recreational facilities in neighbouring communities.
The report recommendations were then put to Committee and CARRIED as presented.