10.    AGREEMENTS WITH UNIVERSITY OF OTTAWA AND COLISEUM INC. – SPORTS FIELD AT 200 LEES AVENUE

 

ENTENTES AVEC L’UNIVERSITÉ D’OTTAWA ET COLISEUM INC. – INSTALLATIONS SPORTIVES DU 200, AVENUE LEES

 

 

 

COMMITTEE RECOMMENDATIONS

 

That Council:

 

1.                  Authorize the City Manager to negotiate and execute a Joint Use Agreement with the University of Ottawa for access to a new sports field at 200 Lees Avenue as described in this report and further outlined in a Memorandum of Understanding dated 24 November 2011 attached as Document 1;

 

2.                  Authorize the City Manager to negotiate and execute a Use and Cost Sharing Agreement with Coliseum Inc. to relocate its dome to the new sports field at 200 Lees Avenue as described in this report and further outlined in a Memorandum of Understanding dated 24 November 2011 attached as Document 2; and

 

3.                  Subject to the completion of the sports field and the relocation of the Coliseum Inc. dome operations to 200 Lees Avenue by 15 November 2012, allocate funding in the amount of $2.123M for new sports field development at Ledbury Park as described in this report.

 

 

RECOMMANDATIONS DU COMITÉ

 

Que le Conseil:

 

1.                  autorise le directeur municipal à négocier et à exécuter un accord d’usage conjoint avec l’Université d’Ottawa pour avoir accès un nouveau terrain de sport au 200, avenue Lees, conformément au présent rapport et à un protocole d’entente conclu le 24 novembre 2011, ci-joint (document 1);

 

2.                  autorise le directeur municipal à négocier et à exécuter une entente de partage des coûts et de l’usage avec Coliseum Inc., afin de déplacer les opérations de son dôme au nouveau terrain de sport du 200, avenue Lees, conformément au présent rapport et à un protocole d’entente conclu le 24 novembre 2011, ci-joint (document 2); et

3.                  à condition que l’aménagement du terrain de sport et le déplacement des opérations du dôme de Coliseum Inc. au 200, avenue Lees soient terminés au plus tard le 15 novembre 2012, d’allouer un financement de 2,123 millions de dollars pour l’aménagement d’un nouveau terrain de sport au parc Ledbury, conformément au présent rapport.

 

 

 

DOCUMENTATION

 

1.      City Manager’s report dated 29 November 2011 (ACS2011-CMR-REP-0038).

 

 


 

Report to/Rapport au:

Finance and Economic Development Committee

Comité des finances et du développement économique

 

and Council / et au Conseil

 

29 November 2011 / 29 novembre 2011

 

Submitted by/Soumis par: Kent Kirkpatrick, City Manager / directeur municipal

 

Contact Person/Personne ressource : Gordon MacNair, Director Real Estate Partnerships and Development Office/Directeur, Partenariats et Développement en immobilier

(613) 580-2424 x 21217, Gordon.MacNair@ottawa.

 

Ward 17 (Capital), Ward 12 (Rideau-Vanier), and

Ward 16 (River)

                          Ref N°: ACS2011-CMR-REP-0038

 

SUBJECT:    AGREEMENTS WITH UNIVERSITY OF OTTAWA AND COLISEUM INC. – SPORTS FIELD AT 200 LEES AVENUE

 

OBJET :         ENTENTES AVEC L’UNIVERSITÉ D’OTTAWA ET COLISEUM INC. – INSTALLATIONS SPORTIVES DU 200, AVENUE LEES

 

 

REPORT RECOMMENDATIONS

 

That the Finance and Economic Development Committee recommend Council:

 

1.                  Authorize the City Manager to negotiate and execute a Joint Use Agreement with the University of Ottawa for access to a new sports field at 200 Lees Avenue as described in this report and further outlined in a Memorandum of Understanding dated 24 November 2011 attached as Document 1;

 

2.                  Authorize the City Manager to negotiate and execute a Use and Cost Sharing Agreement with Coliseum Inc. to relocate its dome to the new sports field at 200 Lees Avenue as described in this report and further outlined in a Memorandum of Understanding dated 24 November 2011 attached as Document 2; and

 

3.                  Subject to the completion of the sports field and the relocation of the Coliseum Inc. dome operations to 200 Lees Avenue by 15 November 2012, allocate funding in the amount of $2.123M for new sports field development at Ledbury Park as described in this report.

 


 

RECOMMANDATIONS DU RAPPORT

Que le Comité des finances et du développement économique recommande au Conseil :

 

1.              d’autoriser le directeur municipal à négocier et à exécuter un accord d’usage conjoint avec l’Université d’Ottawa pour avoir accès un nouveau terrain de sport au 200, avenue Lees, conformément au présent rapport et à un protocole d’entente conclu le 24 novembre 2011, ci-joint (document 1);

 

2.                  d’autoriser le directeur municipal à négocier et à exécuter une entente de partage des coûts et de l’usage avec Coliseum Inc., afin de déplacer les opérations de son dôme au nouveau terrain de sport du 200, avenue Lees, conformément au présent rapport et à un protocole d’entente conclu le 24 novembre 2011, ci-joint (document 2); et

 

3.                  à condition que l’aménagement du terrain de sport et le déplacement des opérations du dôme de Coliseum Inc. au 200, avenue Lees soient terminés au plus tard le 15 novembre 2012, d’allouer un financement de 2,123 millions de dollars pour l’aménagement d’un nouveau terrain de sport au parc Ledbury, conformément au présent rapport.

 

 

EXECUTIVE SUMMARY

 

The University of Ottawa (UO) and Coliseum Inc. (Coliseum) are currently users of facilities at Lansdowne Park (Lansdowne). UO rents and utilizes Frank Clair Stadium (Stadium) mainly for football games in the fall. In accordance with the terms of a Stadium Agreement, Coliseum has installed a dome over the Stadium field and utilized the field and the Coliseum Building for indoor sports use, mainly soccer, during the November to May period each year since 2000.  UO utilized Frank Clair Stadium for its 2011 football season and Coliseum is now operating on the site as of 15 November until May 2012. However, construction, related to the redevelopment of Lansdowne is scheduled to commence by the summer of 2012. As a result, the Lansdowne facilities will not be available in the fall of 2012 for use by both UO and Coliseum and City staff has been negotiating alternative arrangements with both parties.

 

The City has been working with Coliseum to relocate their operations from Lansdowne Park and has offered Coliseum an option to lease an alternate site at Ledbury Park from the City with funding in the amount of $5.023M being provided for a new sports field and facilities to accommodate the dome, but Coliseum has not agreed to relocate to this site and negotiations are ongoing.

 

The City also met with UO to establish a go forward strategy in consideration of the current and future needs and resources of each party with respect to sports facilities. UO is pursuing the potential to provide a new sports field and bleacher facilities at its 200 Lees campus to accommodate its football requirements at an estimated cost of $7.9M.  UO indicated that the construction of a field by September 2012 would be highly dependent on the potential to receive revenues from the lease of the sports field and facilities from users outside of the UO.  Staff identified an opportunity to enhance programming while solidifying the UO business plan by providing a $2.9M contribution as prepaid rental revenue under a Joint Use Agreement between UO and the City.  In addition, the City would use a portion of the prepaid hours to relocate Coliseum as the new field will support a dome.

 

In view of the $5.023M estimated cost to provide a new sports field at Ledbury Park to accommodate the Coliseum dome, and the likely potential of further litigation with Coliseum in pursuing that option, the City’s ability to have joint use access to a new centrally located sports field adjacent to rapid transit and in a location satisfactory to Coliseum at cost of $2.9M would be a cost effective option and allow potential for the City to provide other much needed sports fields at Ledbury Park within the City’s $5.023M budget allocation.

 

Staff confirmed to UO its support for a strategy that would allow UO to move forward with a new sports field and bleachers at 200 Lees and provide the City with a facility to accommodate the relocation of the Coliseum dome and to accommodate other public use.  UO would construct the Lees Avenue stadium in time for completion by fall 2012 and the City and UO would enter into a Joint Use Agreement in which UO would operate the facility, lease blocks of time back to the City. The City would advance the $2.9M capital funds as a prepayment of rent and UO would charge the rental fees against the City’s investment of $2.9M.  The City would receive rents back from sports associations and groups, including the Coliseum Group, for the field as an offset to the capital payment.  

 

Coliseum has indicated its willingness to relocate its operations to 200 Lees based on the City entering into the proposed Joint Use Agreement with UO and a proposed Use and Cost Sharing Agreement with Coliseum for the stadium facilities and parking lot.  A joint use agreement with UO, at a cost of $2.9M to the City, would allow UO to undertake the work in 2012 in time to accommodate its 2012 football season and would save the City money in relocating the Coliseum operations and potentially provide for $2.123M in funding for sports field development at Ledbury Park from the $5.023M available.

 

The City is at risk for additional compensation costs to Coliseum until the matters with Coliseum are settled, so the $2.123M in funding being recommended for sports field development at Ledbury Park needs to be held in reserve as a “Plan B” until the field is actually constructed and available for the relocation of the Coliseum dome to 200 Lees.

 

As a result, staff have finalized Memorandums of Understanding (MOU) with UO and with Coliseum and are now recommending that authorization be given to negotiate and execute agreements with UO and Coliseum based on the respective MOUs, and that approval be given to allocate $2.123M in funding to sports field development at Ledbury Park.   

 

Financial Implications

Funds in the amount of $5.023M are available in Account #906232.

 

Consultation

Staff worked together in consultation with both UO and Coliseum Inc. to negotiate, and finalize, the MOUs attached to this report. In addition, staff briefed:  Councillor David Chernushenko as the proposed sports field will be located in Ward 17 (Capital); Councillor Mathieu Fleury, as the UO decision to construct its sports field and bleachers at 200 Lees has implications for the Nicholas Mann Gateway project which is located in Ward 12 (Rideau-Vanier); and Councillor Maria McRae, as the proposed relocation of the Coliseum dome and operations to 200 Lees rather than to Ledbury Park in Ward 16 (River) has significant implications on sports field development at Ledbury Park.  All above-mentioned Councillors indicated their support for the staff recommendations set out in this report.

 

 

RÉSUMÉ

 

L’Université d’Ottawa (U d’O) et la société Coliseum (Coliseum) sont actuellement des utilisateurs des installations du Parc Lansdowne. L’U d’O loue et utilise le Stade Frank-Clair (le Stade) principalement pour les parties de football à l’automne. Conformément aux conditions d’une entente conclue avec le Stade, Coliseum a installé un dôme au-dessus du terrain du Stade et utilisé ce terrain et l’édifice du Colisée pour des activités sportives intérieures, surtout le soccer, de novembre à mai chaque année depuis 2000. L’U d’O a utilisé le Stade Frank-Clair pendant la saison de football de 2011 et, depuis le 15 novembre 2011, Coliseum y organise ses activités, qui se dérouleront jusqu’en mai 2012. Cependant, la construction liée au réaménagement du Parc Lansdowne devrait commencer à l’été 2012 et, à l’automne 2012, les installations du Parc ne seront pas disponibles pour l’U d’O et Coliseum. L’administration municipale a donc négocié d’autres ententes avec les deux parties. 

 

La Ville a collaboré avec la société Coliseum pour lui trouver un autre lieu pour ses activités et a donné à la société l’option de louer un autre terrain de jeu au Parc Ledbury. La Ville verserait un montant de 5,023 millions de dollars pour aménager ce nouveau terrain et construire de nouvelles installations adaptées au dôme de Coliseum, mais la société n’a pas accepté cette offre et les négociations se poursuivent.

 

La Ville a également rencontré des représentants de l’U d’O afin d’établir une stratégie qui tienne compte des ressources et des besoins actuels et futurs de chaque partie en termes d’installations sportives. L’U d’O envisage la possibilité de répondre aux besoins du football en créant de nouvelles installations (terrain de jeu et gradins découverts) sur son campus situé au 200, avenue Lees, dont les coûts sont estimés à 7,9 millions de dollars. L’U d’O a indiqué que la réalisation de ce projet d’ici septembre 2012 dépendrait beaucoup des recettes que pourrait générer la location des installations et du terrain de jeu à des utilisateurs de l’extérieur de l’U d’O. Les responsables de l’U d’O y voit une occasion d’améliorer leur programme tout en solidifiant leur plan d’activités, à l’aide d’une contribution de 2,9 millions de dollars à titre de paiement anticipé des frais de location, dans le cadre d’une entente d’utilisation conjointe avec la Ville. De plus, la Ville réserverait une partie des heures prépayées pour les activités de Coliseum, car le nouveau terrain pourrait être recouvert d’un dôme.

 

Les coûts de l’aménagement au parc Ledbury d’un nouveau terrain de jeu adapté au dôme de Coliseum et d’autres poursuites judiciaires que Coliseum pourrait entreprendre sont estimés à 5,023 millions de dollars. Par conséquent, l’accès conjoint à un nouveau terrain de jeu dans un lieu central adjacent au réseau métropolitain de transports en commun et satisfaisant pour Coliseum, à des coûts de 2,9 millions de dollars, est une option rentable pour la Ville. En outre, elle donnerait à la Ville la possibilité d’aménager d’autres terrains de jeu dont le parc Ledbury a grand besoin, dans le cadre d’une allocation budgétaire de 5,023 millions de dollars.

 

Le personnel a confirmé à l’U d’O son soutien à une stratégie qui permettrait la mise en œuvre de son projet d’aménagement d’un nouveau terrain de jeu et de gradins découverts au 200, avenue Lees et de fournir à la Ville des installations adaptées au dôme de la société Coliseum qui pourrait également servir à d’autres activités publiques. L’U d’O achèverait le stade de l’avenue Lees d’ici l’automne 2012 et conclurait une entente d’utilisation conjointe avec la Ville dans le cadre de laquelle l’Université assurerait la gestion des installations et les louerait à la Ville pendant certaines périodes. La Ville verserait à l’avance un montant de 2,9 millions de dollars pour les dépenses d’immobilisation, à titre de paiement anticipé pour la location des installations et l’U d’O éliminerait les frais de location de la Ville jusqu’à concurrence de 2,9 millions de dollars. De son côté, la Ville recevrait de diverses associations et groupes sportifs, dont Coliseum, des revenus locatifs pour couvrir ses dépenses d’immobilisations.  

 

La société Coliseum a indiqué qu’elle accepterait de transférer ses activités au 200, avenue Lees si la Ville concluait l’entente d’utilisation conjointe avec l’U d’O et une entente avec Coliseum sur le partage des coûts et l’utilisation des installations du stade et du stationnement. Une entente d’utilisation conjointe avec l’U d’O, aux coûts de 2,9 millions de dollars pour la Ville, permettrait à l’Université d’entreprendre les travaux assez tôt en 2012 pour les terminer avant la saison de football, épargnerait à la Ville les frais de déplacement des activités de Coliseum et apporterait une contribution potentielle de 2,123 millions de dollars pour l’aménagement de terrains de jeu au parc Ledbury, dans le cadre d’une allocation budgétaire de 5,023 millions de dollars.

 

La Ville risque d’avoir à verser d’autres indemnités à la société Coliseum jusqu’à ce qu’elle règle le différend avec cette dernière; c’est pourquoi le montant de 2,123 millions de dollars recommandé pour l’aménagement du parc Ledbury doit être mis en réserve pour un « Plan B », jusqu’à ce qu’un terrain de jeu soit aménagé et prêt à recevoir le dôme de la société Coliseum au 200, avenue Lees.

 

En conséquence, le personnel a mis au point des protocoles d’entente pour l’U d’O et la société Coliseum et recommande qu’on autorise des négociations avec ces deux organisations fondées sur leurs protocoles d’entente respectifs et qu’on approuve un crédit budgétaire de 2,123 millions de dollars pour l’aménagement du parc Ledbury.   

 

Incidence financière

Un montant de 5,023 millions de dollars a été versé au compte no 906232.

 

Consultation

Le personnel de l’administration municipale a consulté des représentants de l’U d’O et de la société Coliseum, afin de négocier et de mettre au point les protocoles d’entente liés au présent rapport. De plus, on a informé le personnel suivant : le conseiller David Chernushenko, parce que le terrain de jeu proposé sera situé dans le quartier municipal 17 (Capitale); le conseiller Mathieu Fleury, parce que la décision de l’U d’O de construire un terrain de jeu et des gradins au 200, avenue Lees a une incidence sur le projet de la porte d’entrée Nicholas-Mann mis en œuvre dans le quartier municipal 12 (Rideau-Vanier); et la conseillère Maria McRae, parce que le transfert du dôme et des activités de Coliseum au 200, avenue Lees plutôt qu’au parc Ledbury Park dans le quartier municipal 16 (Rivière) a des conséquences importantes sur l’aménagement d’un terrain de jeu au parc Ledbury. Tous les conseillers mentionnés ci-dessus ont indiqué leur appui aux recommandations formulées dans le présent rapport.

 

 

BACKGROUND

 

Overview

 

The University of Ottawa (UO) and Coliseum Inc. (Coliseum) are currently users of facilities at Lansdowne Park (Lansdowne). UO rents and utilizes Frank Clair Stadium (Stadium) mainly for football games in the fall.  In accordance with the terms of a Stadium Agreement between the City and Coliseum dated 8 November 2000, as amended by a further Settlement Agreement dated 29 June 2004, Coliseum has installed a dome over the Stadium field and utilized the field and the Coliseum Building for indoor sports use; mainly soccer during the November to May period each year.    

 

UO utilized Frank Clair Stadium for its 2011 football season and Coliseum is now operating on the site as of 15 November until May 2012.  However, construction related to the redevelopment of Lansdowne under the Lansdowne Partnership Plan (LPP) approved by Council on 28 June 2010 is scheduled to commence by the summer of 2012.  As a result, the Lansdowne facilities will not be available in the fall of 2012 for use by both UO and Coliseum and City staff has been negotiating alternative arrangements with both parties.

 

Coliseum Inc. Operations

 

As directed by Council upon approval of the LPP, the City has been working with Coliseum to relocate their operations from Lansdowne Park.  While Coliseum has been served with a notice of termination related to Lansdowne and an option to lease an alternate site at Ledbury Park from the City, Coliseum has not agreed to relocate to this site and negotiations are ongoing.

 

The City and Coliseum are parties to Minutes of Settlement dated 29 June 2004 which provide for the Stadium Agreement to be extended to 31 May 2015 with provision for a further three (3) year extension at the City’s option to 31 May 2018.   Under the Agreement, the City has the right, subject to certain conditions, to provide Coliseum with an alternate location within a ten (10) kilometre radius of Lansdowne Park if Frank Clair Stadium and/or the Coliseum Building are to be redeveloped.

 

In anticipation of the LPP proceeding, City staff has been working with Coliseum since April 2010 regarding the relocation of their operations.  Upon review of potential relocation sites under its control, the Ledbury Park extension was considered as the best city-owned site to accommodate additional sports fields. This vacant parcel, adjacent to Ledbury Park, was acquired from the NCC in 2006 for the express purpose of developing a sports field tournament site. However, this site was rejected by Coliseum because the location was considered to be not compatible with its business plan requirements. Coliseum proposed Mooney’s Bay as a viable option.  However, the City rejected this site due to issues with other client uses, turf design, and potential issues with the NCC over construction of the dome on land deemed to be of national interest.

 

The potential to utilize other public facilities such as the fields at the RA Centre and Carleton University was also considered by staff.  However these options were not pursued further as the RA Centre property is leased from the NCC presenting similar issues to those for Mooney’s Bay and Carleton University which already operates a dome on its property; and Coliseum operations would potentially be in competition with those of the University.

 

With the potential closure of Rideau High School, staff considered the possible acquisition of this property from the Ottawa Carleton District School Board (OCDSB) as a viable location for a City owned sports field and for the relocation of the Coliseum dome.  While OCDSB ultimately decided not to close this school, they agreed to the general business principles of a long-term lease to permit a dome facility at Rideau High School.  However, this option ultimately proved to be unworkable due to potential high costs and operational details.

 

On the basis that implementation of the LPP would not allow for Coliseum to operate at Lansdowne between November 2011 and May 2012, the City initiated action in November 2010 to serve Coliseum with a notice of termination and an option to lease an alternate site from the City for the remaining four (4) years of the agreement, with Ledbury Park presented as the relocation site.  Funding in the total amount of $5.023M was then provided in the 2011 Capital Budget for Parks, Recreation and Culture for the provision of a new sports field and related facilities to accommodate the dome under Account number 906232 “Sports Development Lansdowne”.

 

Coliseum subsequently provided notice that it was proceeding to have the matter settled by arbitration.

Due to delays in implementing the LPP, the City then offered Coliseum the opportunity to operate at Lansdowne for the November 2011 to May 2012 period and to continue negotiations to find an alternate location that would meet both the City and Coliseum’s business requirements.

 

University of Ottawa Sports Stadium

 

In February 2007, Council approved the City’s participation with UO, the National Capital Commission, the Mobin Foundation (Iranian Cultural Society), and Action Sandy Hill in the preparation of a Precinct Design Plan for the Nicholas Mann Gateway (the area bounded by Mann Avenue, the Queensway and the Rideau River that presently incorporates the Sandy Hill Arena) with the objective of developing a strategy to transform this underutilized area into a functioning and attractive precinct of the City.

 

Public meetings were held in October 2007 to establish a “vision” for future development in the Nicholas Mann Gateway area and a design charrette was then carried out in December 2007 to create development options based on the results of the visioning exercise.

 

In February 2008, a public meeting was held to review four draft development plan options including one centred on a new sports stadium for UO, as proposed by UO, an option that received little support and much opposition from the participants.  In fact, there was feedback at the public meetings that a new UO field or stadium should be put on the parking lots at the former Algonquin College (200 Lees Avenue) site.

 

Between February 2008 and May 2009, additional planning work resulted in the development of two demonstration plans indicating how a proposed Precinct Design Plan might be implemented including the potential for a UO stadium, and the results were presented at a public meeting on 5 May 2009. Due to opposition at the meeting to the potential for a UO stadium and a subsequent motion by the Board of Action Sandy Hill (ASH) on 13 May 2009 that ASH reject the University’s desire for a stadium in the Gateway area, a public meeting scheduled for 29 June 2009 to present a draft version of the Precinct Design Plan for community input was cancelled, and the Precinct Design Plan process has since been put on hold pending resolution of the UO stadium issue.

 

City staff has been working with UO staff since 2010 to pursue a number of potential joint venture initiatives with UO along the LRT corridor from Rideau to Lees Stations as follows:

 

·         A black box theatre teaching facility for UO in the Arts Court project approved by Council on 13 July 2011;

·         Mutually beneficial opportunities for cultural facilities in the UO Arts and Theatre precinct of the Campus (block diagonally across street from Arts Court - Waller / Stewart / Cumberland / Wilbrod) and potential public parking garage opportunities below this facility and/or at Arts Court;

·         Options for converting Waller Street from Laurier Avenue to MacKenzie King Bridge, once the Light Rail Transit (LRT) project is completed, to a pedestrian plaza to tie into the UO internal pedestrian and bike system and improve intersection conditions at Waller and Nicholas Street for pedestrian crossings, as per the Downtown Ottawa Urban Design Strategy (DOUDS) recommendation, and connectivity to Arts Court and Rideau Centre;

·         Mutual cooperation in the redevelopment of Campus Station for LRT purposes; and

·         Mutually beneficial planning and development opportunities for the Nicholas Mann Gateway area and for the City and University properties around Lees Station including the development of sports facilities as part of the City’s transit oriented development (TOD) planning, associated with the LRT project, for the area around Lees Station.

 

Since the Stadium at Lansdowne is not going to be available to UO for the 2012 and 2013 football seasons and the Stadium is being refurbished under the LPP, UO has recently reassessed its need for a stadium facility in the Gateway area.  Instead, UO has decided to pursue the potential to provide a new sports field and bleacher facility at its 200 Lees campus to accommodate its football requirements in 2012 and 2013 and to preclude a stadium being required as part of a redevelopment of the Gateway area in order to allow for the Precinct Design Plan process to once again be moved forward in the interest of all parties.   

 

 

DISCUSSION

 

In September 2011, City staff met with UO staff to establish a go forward strategy in consideration of the current and future needs and resources of each party with respect to sports facilities.

 

The estimated cost for a sports field at 200 Lees Avenue is $7.9M ($5.5M related to the field and bleacher installations and $2.4M related to renovations of the existing building to accommodate locker rooms and washrooms); with the funding coming from the Athletic Department’s operations. The $5.5M in field and bleacher costs includes infrastructure to support a dome.  UO staff indicated that the construction of a field by September 2012 would be highly dependent on the potential for the Athletic Department to receive revenues from the lease of the sports field and facilities from users outside of the UO.  Central sports facilities of the quality proposed were viewed by City staff as integral to providing recreation programming in the core area.  Staff identified an opportunity to enhance programming while solidifying the UO business plan by providing a $2.9M contribution as prepaid rental revenue under a Joint Use Agreement between UO and the City.  In addition, the City would use a portion of the prepaid hours to relocate the Coliseum, as the new field will support a dome.  Coliseum will continue to pay rent to the City as per the existing agreement, and would be responsible for the costs to relocate the dome to 200 Lees Avenue and for storing the dome between operating seasons.

 

In view of the $5.023M estimated cost and related budget amount to provide a new sports field at Ledbury Park to accommodate the Coliseum dome, and the likely potential of further litigation with Coliseum in pursing that option, City staff indicated that the City’s ability to have joint use access to a new centrally located sports field adjacent to rapid transit and in a location satisfactory to Coliseum at a cost of $2.9M would be a cost effective option; and it would allow the City to provide other much needed sports fields at Ledbury Park within the City’s $5.023M budget allocation.  City staff also indicated that City owned lands adjacent to 200 Lees Avenue and to the Lees Station could be utilized to meet the parking requirements for Coliseum if the remaining parking facilities at 200 Lees Avenue after construction of the field and bleachers are not sufficient for this purpose.

 

On 29 September 2011 staff confirmed to UO its support for a strategy that would allow UO to move forward with a new sports field and bleachers at 200 Lees Avenue and provide the City with a facility to accommodate the relocation of the Coliseum dome and to accommodate other public use as outlined below:        

 

 

 

 

 

 

On 5 October 2011, Coliseum indicated to the City its willingness to relocate its operations to 200 Lees Avenue based on the City entering into the proposed Joint Use Agreement with UO and a proposed Use and Cost Sharing Agreement with Coliseum for the stadium facilities and parking lot.  Coliseum also indicated that it would require some further stipulations that have been reviewed and considered reasonable by staff to be incorporated into MOUs between the City and UO and the City and Coliseum prior to staff seeking Council approval with respect to these matters.  In that regard, Coliseum is looking to have the use of the field at 200 Lees Avenue for a twenty six (26) operational week period with a use of approximately 1,750 hours per year for 6 years = 10,500 total hours) with the extra year being compensation for the loss of the use of the Coliseum Building for the remainder of the term of the existing agreement and term of the option. The annual gross payment under the Stadium Agreement of approximately $260,000 (including parking) plus an annual CPI increase would be credited to Parks and Recreation account for the purpose of purchasing public use hours at 200 Lees Avenue thereby assuring that the majority of the City’s $2.9M in prepaid rent would be utilized for community use purposes.

 

On 24 October, the UO Board of Governors approved the construction of a new sports field and bleachers at 200 Lees Avenue subject to the funding coming from the Athletic Department operations. The construction of a field by September 2012 remains highly dependent on the potential for the Athletic Department to receive $2.9M from the City as prepaid revenue as proposed under a Joint Use Agreement with the City.

 

UO is currently finalizing a site plan application for the proposed sports field and bleachers, with input from Coliseum and will be submitting the application imminently in order to allow for construction to commence in early spring 2012.   

 

A new field and small stadium at the 200 Lees Avenue location would be a significant factor in moving forward with a proposed "big picture" plan between the City and UO for the LRT corridor (Arts Court to Lees) that provides, in phases over time, for arts and culture facilities, sports and recreation facilities, urban design improvements and gateway features, transit oriented/integrated development opportunities, and environmental sustainability and brownfield remediation initiatives including the redevelopment of a parking lot area with a sports field.  In this regard, the facility would be: geographically central, scenically located by the Rideau River, easily accessed from rapid transit and by car, and adjacent to other UO facilities on the site.  It would also preclude the need for UO to pursue a stadium option for the Nicholas-Mann Gateway project and therefore make it easier for the City to deal with the concerns of Action Sandy Hill and to move that project forward as part of the City’s transit oriented development (TOD) planning, associated with the LRT project for the area around Lees Station.  This would then allow the City and UO to identify and pursue joint venture initiatives on their properties to provide for better development in that vicinity.  In that regard, the City and the University staff have agreed to pursue the opportunity for a joint venture process to redevelop the lands around and above Lees Station.  

 

A Joint Use Agreement with UO at a cost of $2.9M to the City, would allow UO to undertake the work in 2012 in time to accommodate its 2012 football season and would save the City money in relocating the Coliseum operations and potentially provide for $2.123M in funding for sports field development at Ledbury Park from the $5.023M available in Account #906232.  In this regard, there is a potential opportunity to provide a premier sports field with irrigation and lighting facilities and several other full fields or mini-fields at Ledbury Park, on the lands acquired from the NCC in 2006 for this purpose, subject to the completion of a park master planning for these lands.

 

The City is at risk for additional compensation costs to Coliseum until the matters with Coliseum are settled either with the actual relocation of its operations to 200 Lees Avenue by 15 November 2012 or, in the event that such relocation is not completed as determined by the results of arbitration under the provisions of the agreements with Coliseum. As a result, the $2.123M in funding being recommended for sports field development at Ledbury Park needs to be held in reserve until the field is actually constructed and available for the relocation of the Coliseum dome to 200 Lees Avenue in the event of delays beyond 15 November 2012.  

 

As a result, staff have finalized a MOU with UO, attached as Document 1, and with Coliseum, attached as Document 2, and are now recommending that authorization be given to negotiate and execute agreements with UO and Coliseum based on the respective MOU’s and that approval be given to allocate $2.123M in funding, from Account #906232, to sports field development at Ledbury Park.   

 

 

ENVIRONMENTAL IMPLICATIONS

 

UO representatives have provided City staff with copies of environmental site assessment information sent to the Ontario Ministry of the Environment (MOE), including a legal opinion, that indicates that the construction of a new field and bleachers and the installation of a temporary dome on the field should not require a Record of Site Condition (RSC) with respect to the existing brownfield conditions on site.  The MOE has acknowledged receiving this information and noted they have not yet been able to examine the information, but would be available in January 2012 to review this matter with UO staff and their environmental consultants.

 

In 2006, when acquiring the additional lands for Ledbury Park from the NCC, the City undertook a peer review of the Phase I/II Environmental Site Assessment Reports, prepared on behalf of the NCC, for these lands and concluded there were no environmental issues of concern for the subject site and the proposed park use.

RURAL IMPLICATIONS

 

There are no rural implications resulting from implementing the recommendations in this report.

 

 

CONSULTATION

 

Staff of the Real Estate Partnerships and Development Office, Recreation and Parks, and Legal Services worked together in consultation with both UO and Coliseum Inc. to negotiate and finalize the MOU’s attached as Document 1 and 2 of this report.

 

 

COMMENTS BY THE WARD COUNCILLOR(S)

 

On 22 November 2011 staff briefed Councillor David Chernushenko on this matter, as the proposed sports field will be located in Ward 17 (Capital), and the Councillor indicated his support for the staff recommendations set out in this report.

 

On 22 November 2011 staff briefed Councillor Mathieu Fleury, as the UO decision to construct its sports field and bleachers at 200 Lees Avenue has implications for the Nicholas Mann Gateway project which is located in Ward 12 (Rideau-Vanier), and the Councillor indicated his support for the staff recommendations set out in this report.

 

On 22 November 2011 staff briefed Councillor Maria McRae, as the proposed relocation of the Coliseum dome and operations to 200 Lees Avenue rather than to Ledbury Park in Ward 16 (River) has significant implications on sports field development at Ledbury Park, and the Councillor indicated her support for the staff recommendations set out in this report.

 

 

LEGAL IMPLICATIONS

 

There are no legal impediments to implementing the recommendations in this report.

 

 

RISK MANAGEMENT IMPLICATIONS

 

The City is at risk for additional compensation costs to Coliseum until the matters with Coliseum are settled either with the actual relocation of its operations to 200 Lees Avenue by 15 November 2012 or, in the event that such relocation is not completed as determined by the results of arbitration under the provisions of the agreements with Coliseum.  As a result, the $2.123M in funding, being recommended for sports field development at Ledbury Park needs to be held in reserve until the field is actually constructed and available for the relocation of the Coliseum dome to 200 Lees Avenue in the event of delays beyond 15 November 2012.  

 

 

FINANCIAL IMPLICATIONS

 

There are no financial implications from the report recommendations.  Sufficient funds in the amount of $5.023M are available in Account #906232.

 

 

ACCESSIBILITY IMPACTS

 

There are no accessibility impacts to implementing the recommendations in this report

 

 

TECHNOLOGY IMPLICATIONS

 

There are no technological implications resulting from the recommendations in this report

 

 

CITY STRATEGIC PLAN

 

The recommendations in this report support City Council’s strategic priority: Healthy and Caring Communities, specifically the strategic objective to improve parks and recreation.

 

 

SUPPORTING DOCUMENTATION

 

Document 1: Proposed MOU with UO

Document 2: Proposed MOU with Coliseum

 

 

DISPOSITION

 

Subject to Committee and Council approval, staff will implement the recommendations as outlined in the report.

 

 

 


 

DOCUMENT 1

 

MEMORANDUM OF UNDERSTANDING

 

BETWEEN

THE UNIVERSITY OF OTTAWA

(Hereinafter called the “University”)

OF THE FIRST PART

 

and

 

CITY OF OTTAWA

(hereinafter called the “City”)

OF THE SECOND PART

 

 WHEREAS, the University of Ottawa (University) proposes to construct a sports field and supporting facilities on a site owned by the University at 200 Lees Avenue;

 

AND WHEREAS, a new University sports field and supporting facilities at the 200 Lees Avenue campus location would be a significant factor in moving forward with a proposed "big picture" plan between the City and University for the Light Rail Transit corridor (Arts Court to Lees Station) that is intended to provide, in phases over time, for arts and culture facilities, sports and recreation facilities, urban design improvements and gateway features, transit oriented/integrated development opportunities, and environmental sustainability and brownfield remediation initiatives;

 

AND WHEREAS the City wishes to assist in the advancement of the construction of the University’s proposed sports facility at 200 Lees Avenue;

 

AND WHEREAS, the City entered into a Stadium Agreement with Coliseum Inc. (Coliseum) dated November 8, 2000 with provisions, as amended to date, for Coliseum to install and operate a soccer dome on the playing field area of Frank Clair Stadium at Lansdowne Park for the period from November 15th to May 15th on an annual basis until May 15th, 2015 with further provision for an extension until May 15th, 2018 at the City’s option;

AND WHEREAS, the Council of the City on June 28th, 2010 approved the redevelopment of Lansdowne Park under Lansdowne Partnership Plan (the “LPP”) with the Ottawa Sports and Entertainment Group (OSEG);

 

AND WHEREAS, the construction for the LPP redevelopment is scheduled to commence by summer 2012 and Frank Clair Stadium and Coliseum Building facilities will no longer be available for Coliseum’s use after May 2012;

 

AND WHEREAS, the City wishes to enter into a joint use agreement with the University that provides for the potential relocation of Coliseum’s dome to the proposed new sports field by November 15th, 2012;

 

AND WHEREAS, Coliseum has indicated to the City its willingness to relocate its operations from Lansdowne Park to a new University sports field at 200 Lees Avenue subject to Coliseum negotiating and finalizing, with the City, the terms and conditions of a use and occupancy agreement acceptable to both parties and consistent with the provisions of the joint use agreement between the City and the University;

 

AND WHEREAS the City and the University have indicated their mutual desire to enter into a Memorandum of Understanding with respect to establishing a joint use agreement with respect to the University’s proposed sports field at 200 Lees Avenue;

 

THEREFORE, in consideration of the Memorandums hereinafter expressed, the parties agree as follows:

1.  The City will enter into a joint use agreement with the University for a sports field and related supporting facilities to be constructed, owned and maintained by the University at 200 Lees Avenue (the “UO Agreement”).

 

2. The initial term of the UO Agreement will be for a minimum of ten years (10) years with the term commencing on November 1st, 2012 with options for successive ten (10) year extensions to the term as mutually agreed to by the parties.

 

3. The University agrees that it will install, at its expense, one artificial turf field, with adequate support structures and mechanical/ electrical connection points suitable to accommodate the installation of a dome by Coliseum and carry out renovations to its existing buildings to provide locker room and washroom facilities to support the sports field use at 200 Lees Avenue (the “Improvements”).

 

4. The University will, at its cost, maintain the Improvements to appropriate standards during the term of the UO Agreement and be responsible for all lifecycle work.

 

5. The City will advance $2.9 million as part of the funding required by the University to construct the Improvements by November 1st, 2012 on the basis that the University will operate the Improvements; book and lease blocks of time back to the City for community use; and charge the rental fees against the City’s $2.9 million prepayment.

 

6. The University agrees that the City will also have access to the amenities that are part of the Improvements during all hours booked for community use, specifically the use of the locker rooms and the washrooms for user groups.

 

7. The 2011 rental rates that form the basis of the business case are $100.00 per hour for prime and $85.00 for nonprime time attributable to the sports field and for the provision of locker and washroom facilities. Extra ordinary costs incurred during City booking periods, such as night time field lighting, will be charged to the City on a cost recovery basis.

 

8.  The City and the University will negotiate and agree upon an annual booking schedule for the Improvements on the basis that the City will advise the University of the blocks of time required (spring, summer and fall) for the City’s community uses, including Coliseum’s use, and forecast the rates that would apply to this type of facility as per the City’s own operations and consider a bulk discount. The University will pre-schedule these hours and book them into its CLASS system to allow the City to allocate to the user groups for the number of years necessary to offset the City’s $2.9 million prepayment. The hours are to be the same times annually for the term of the agreement unless changes are mutually agreed upon. The City will consider a small number of hours being transferred to the University’s other turf field at 801 King Edward, during the fall for special events or to accommodate a major scheduling conflict and the requested transferred hours will be scheduled and agreed upon annually.

 

9. The City will receive rents from sports associations and groups, including Coliseum, for use of the blocks of time allocated to the City which the City, in its sole discretion, may apply as an offset to its $2.9 million prepayment or continue to purchase more hours for community use in accordance with the annual booking schedule during the initial term and subsequent option terms as may be applicable.

 

10. The City will provide, under a lease agreement to the University, the lands identified as PIN04203-0631, 193 Lees Avenue (0.317 Hectares) for inclusion in the site development plan. This area is to be only used for surface parking. The operating responsibility for this parking area will be mutually agreed upon taking into account the parking needs for the sports field as identified by both parties.

 

11. The University acknowledges and agrees that the City will enter into an agreement with Coliseum (the “New Agreement”) to provide Coliseum access to the Improvements for a term of six years expiring on May 31st, 2018, with no right to further extensions, based on Coliseum utilizing part of the blocks of time allocated to the City.

 

12. The University, in cooperation with City in establishing the annual booking schedule, will provide the City with the blocks of time required for the Coliseum Inc., use. Should Coliseum Inc. not relocate to the University site, the City will not block off the winter hours and may reallocate this time to other seasons, thereby extending use of the facility for a longer period.

 

13. The University will, during the term of the New Agreement, provide for the Improvements to be available for installation of Coliseum’s dome, in a field ready state for dome installation, by no later than November 15 or forty-eight (48) hours after the University’s varsity football team’s last regular season or playoff game in each year of the term, whichever is earlier, and for Coliseum not to be required to remove the dome earlier than May 15 of each year. In the event that Coliseum is unable to remove the dome by May 15th, due to inclement weather, Coliseum will make best efforts to remove the dome at the earliest possible day after May 15th. In the event Coliseum remains on the field after May 15th, the University agrees to negotiate a reasonable compensation for the overholding period used by Coliseum.

 

14. The University will, in making the Improvements available for the installation of Coliseum’s dome, ensure that the field is in field-ready condition (goalposts down, grade beam exposed, and cleared of boards), and Coliseum is provided access to furnaces, airlocks, cables and doors stored on the site, and to electrical and gas sources.

 

15. The University acknowledges and agrees that under the New Agreement with the City that:

a)  The Coliseum group will install and operate, at its cost, a seasonal dome over the artificial turf field for the entire term of the New Agreement. The dome will be of sufficient size to enable Coliseum to operate a comparable business as currently being operated under the Stadium Agreement.

 

b)  The Coliseum group will be responsible for removing, installing and storing the dome and undertaking the maintenance of, and lifecycle work for, the dome at its sole cost.

 

c)  The Coliseum group will pay for all dome internal operating costs (hydro and gas), and the extra ordinary costs associated with the dome operation on a cost recovery basis during the operational period of November to May.

 

d)  The Coliseum group will increase the operational hours of the dome to include the period from 3:00 p.m. to 5:00 p.m. on weekdays to accommodate programming by the University subject to the University booking these hours for 24 weeks at a rental rate of $334 per hour with an adjustment equal to the CPI increase, on an annual cumulative basis.

 

e)  The Coliseum group will make available the prime time hours from 5:00 p.m. to midnight on Tuesday and Thursdays to accommodate programming by the University subject to the University booking these hours for 24 weeks at a rental rate of $557 per hour with an adjustment equal to the CPI increase, on an annual cumulative basis.

 

f)   The Coliseum group to increase available prime time hours to accommodate programming by the University by seven hours (one playing field on a given night) beginning in year two (2013/14) of the agreement with Coliseum.  In each subsequent year of the agreement, the University will agree to take on an additional seven hours (one additional playing field) for its programming.  The prime time hours will be at a rental rate which is the prevailing rate charged by Coliseum to its other customers for prime time hours, which for the 2011/2012 year is $250 per hour per playing field.

 

g)   The Coliseum group will guarantee the continued operation of the dome at the 200 Lees Avenue site for the term of the New Agreement and, in the event that the dome does not function to 100% capacity during the stipulated time frame of November to May in each year of the term, Coliseum will indemnify the City and UO for all losses incurred.

 

h)  The Coliseum group will be responsible for the winter snow removal off the dome and winter maintenance in respect of the dome. The City will be responsible for the cost of the snow removal away from the dome, Coliseum will be responsible to repair any and all damage caused by winter snow removal off the dome to the Improvements to the University’s satisfaction.

 

16. The parties hereto agree to continue pursue a number of potential joint-venture initiatives along the Light Rail Transit (LRT) corridor from Rideau to Lees Stations and to enter into further memorandum of understandings or agreements, as may be required, with respect to the following matters:

 

a)      A black box theatre teaching facility for UO in the Arts Court project approved by Council on 13 July 2011;

b)      Mutually beneficial opportunities for cultural facilities in the UO Arts and Theatre precinct of the Campus (block diagonally across street from Arts Court - Waller / Stewart / Cumberland / Wilbrod) and potential public parking garage opportunities below this facility and/or at Arts Court;

c)      Options for converting Waller Street from Laurier Avenue to MacKenzie King Bridge, once the Light Rail Transit (LRT) project is completed, to a pedestrian plaza to tie into the UO in-ternal pedestrian and bike system and improve intersection conditions at Waller and Nicholas Street for pedestrian crossings, as per the Downtown Ottawa Urban Design Strategy (DOUDS) recommendation, and connectivity to Arts Court and Rideau Centre;

d)     Mutual cooperation in the redevelopment of Campus Station for LRT purposes; and

e)      Mutually beneficial planning and development opportunities for the Nicholas Mann Gateway area and for the City and University properties around Lees Station including the development of sports facilities as part of the City’s transit oriented development (TOD) planning, associated with the LRT project, for the area around Lees Station and in  that regard, City and the University staff have agreed to pursue the opportunity for a joint-venture process to redevelop the lands around and above Lees Station

 

17. The Parties hereto agree that the provisions of this Memorandum of Understanding are intended to be used solely for the purposes of facilitating the establishment of a joint use agreement for the Improvements between the parties and are, therefore non-binding.

 

IN WITNESS WHEREOF the University has executed this document on this _____                                                                day of November 2011.

 

  THE UNIVERSITY OF OTTAWA

 

   ____________________________________ 

   Name:

   Title:

 

 

IN WITNESS WHEREOF the City has executed this document on this   _______ day of November 2011.

 

 

 CITY OF OTTAWA 

 

 

 ___________________________________    

 Name:

 Title:

 


 

DOCUMENT 2

 

MEMORANDUM OF UNDERSTANDING

 

BETWEEN

 

THE COLISEUM INC.

(Hereinafter called the “Coliseum”)

OF THE FIRST PART

 

and

 

CITY OF OTTAWA

(hereinafter called the “City”)

OF THE SECOND PART

 

WHEREAS, Coliseum and the City entered into a Stadium Agreement dated November 8, 2000 with provisions, as amended to date (the “Stadium Agreement”) for Coliseum to install and operate a soccer dome on the playing field area of Frank Clair Stadium at Lansdowne Park for the period from November 15th to May 15th on an annual basis until May 15th, 2015 with further provision for an extension until May 15th, 2018 at the City’s option;

 

AND WHEREAS, Coliseum also rents from the City, facilities known as the “Coliseum Building” through an annual occupation permit and addendum in order to provide a variety of indoor sport, including soccer until March 15th, 2015 (the “Coliseum Agreement”);

AND WHEREAS, the Stadium and Coliseum Agreements, as amended to date, also include provisions that the City has the right, subject to certain conditions, to provide Coliseum with an alternate location within a 10 kilometre radius of Lansdowne Park and to terminate the Stadium Agreement and the Coliseum Agreement subject to any bona fide  redevelopment plans the City may have in relation to Frank Clair Stadium and/or the Coliseum Building that would prevent Coliseum’s use of these two facilities for its operation;

AND WHEREAS, the Council of the City on June 28th, 2010 approved the redevelopment of Lansdowne Park  under Lansdowne Partnership Plan (the “LPP”) with the Ottawa Sports and Entertainment Group (OSEG);

AND WHEREAS, the construction for the LPP redevelopment is scheduled to commence by summer 2012 and Frank Clair Stadium and Coliseum Building facilities will no longer be available for Coliseum’s use after May 2012;

 

AND WHEREAS, the City has provided notice of termination to Coliseum of the Stadium Agreement and Coliseum Agreement;

AND WHEREAS, the City has entered into a Memorandum of Understanding(“UO MOU”) with the University of Ottawa (the “University”) with respect to a proposed joint use agreement for a proposed new sports field to be constructed by the University in 2012 at 200 Lees Avenue;

AND WHEREAS, the City and the University have agreed to provisions in the UO MOU for the proposed joint use agreement that provide for the potential relocation of the Coliseum dome to  the proposed new field by November 15th 2012;

AND WHEREAS, Coliseum has indicated to the City its willingness to relocate its operations from Lansdowne Park to a new University sports field at 200 Lees Avenue subject to Coliseum negotiating and finalizing, with the City, the terms of a use and occupancy agreement acceptable to both parties and consistent with the provisions of the joint use agreement between the City and the University; 

THEREFORE, in consideration of the Memorandums hereinafter expressed, the parties agree as follows:

1.    The City will enter into a joint use agreement with the University for a sports field and related supporting facilities to be constructed, owned and maintained by the University at 200 Lees Avenue (the “UO Agreement”).

 

2.    The term of the UO Agreement will be for a minimum of eight (8) years with the term commencing on November 1st, 2012. 

 

3.       The UO Agreement will provide for the University to install, at its expense, one artificial turf field, with adequate support structures and mechanical/ electrical connection points suitable to accommodate the installation of a dome by Coliseum and for the University to carry out renovations to its existing buildings to provide locker room and washroom facilities to support the sports field use at 200 Lees Avenue (the “Improvements”), and maintain the Improvements to appropriate standards during the term of the UO Agreement.

 

4.       The City and the University will negotiate a booking schedule for the Improvements and establish related use and cost sharing provisions in the UO Agreement.

 

5.      The UO Agreement will provide for the sports field at 200 Lees Avenue to be available for installation of Coliseum’s dome by no later than November 15 in a field ready state for dome installation or forty-eight (48) hours after the University’s varsity football team’s last regular season or playoff game in each year of the term, whichever is earlier, and for Coliseum not to be required to remove the dome earlier than May 15 of each year.  n the event that Coliseum is unable to remove the done by May 15th due to inclement weather, Coliseum will make best efforts to remove the dome at the earliest possible date after May 15th.  In the event that Coliseum remains on the field after May 15th the University agrees to negotiate a reasonable compensation for the overholding period used by Coliseum.

 

6.      The City will enter into an agreement with Coliseum to provide access to the Improvements for a term of six (6) years expiring on May 31st, 2018 (the ‘New Agreement”).

 

7.      The City, in cooperation with the University, will assign a portion of the use and cost sharing provisions for the Improvements to Coliseum to match the term and the hours of operation under the Stadium Agreement.

 

8.      The Coliseum group will, at its sole cost, install and operate a seasonal dome over the artificial turf field for the entire term of the New Agreement on the basis of the terms of the Stadium Agreement. The dome will be of sufficient size to enable Coliseum to operate a comparable business as currently being operated under the Stadium Agreement.

 

9.      Coliseum will be solely responsible for removing, installing and storing the dome at its cost.

 

10.  The City will enter into a non-competition Agreement with Ottawa Sports and Entertainment Group (OSEG), or its assigns and successors, to prohibit the development of a dome facility at Frank Clair Stadium for a term of five (5) years from the date of completion of the Stadium’s renovation.

 

11.  Coliseum will pay an annual rent for utilizing the Improvements, based on the rent calculated under the Stadium Agreement for the 2012-2013 period attributable to the artificial turf field at Frank Clair stadium, with an adjustment equal to the CPI increase, on an annual cumulative basis.

 

12.  Coliseum agrees that it will increase the operational hours of the dome to include the period from 3:00 p.m. to 5:00 p.m. on weekdays to accommodate programming by the University subject to the University booking these hours for 24 weeks at a rental rate of $334 per hour with an adjustment equal to the CPI increase, on an annual cumulative basis.

 

13.  Coliseum agrees it will make available the prime time hours from 5:00 p.m. to midnight on Tuesday and Thursdays to accommodate programming by the University subject to the University booking these hours for 24 weeks at a rental rate of $557 per hour with an adjustment equal to the CPI increase, on an annual cumulative basis.

 

14.  Coliseum agrees to increase available prime time hours to accommodate programming by the University by seven hours (one playing field on a given night) beginning in year two (2013/14) of the agreement with Coliseum.  In each subsequent year of the agreement, the University will agree to take on an additional seven hours (one additional playing field) for its programming.  The prime time hours will be at a rental rate which is the prevailing rate charged by Coliseum to its other customers for prime time hours, which for the 2011/2012 year is $250 per hour per playing field. 

 

15.  Coliseum will guarantee the continued operation of the dome at the 200 Lees Avenue site for the term of the New Agreement and, in the event that the dome does not function to 100% capacity during the stipulated time frame of November to May in each year of the term, Coliseum will indemnify the City and UO for all losses incurred.

 

16.  Coliseum will undertake the maintenance of, and lifecycle work for, the dome at its sole cost.

 

17.  Coliseum will pay for all dome internal operating costs (hydro and gas) and all field support facility operating costs, (excluding routine turf maintenance, and janitorial expenses) during the operational period of November to May.

 

18.  Coliseum will be responsible for the winter snow removal off the dome and winter maintenance in respect of the dome.  The removal of the snow away from the dome is included in the rent as per the Stadium Agreement.   Coliseum will be responsible to repair any and all damage caused by winter snow removal off the dome to the Improvements to the University’s satisfaction.

 

19.     Under the terms of the UO Agreement, parking facilities will be made available for use of Coliseum and its clients under conditions similar to the Stadium Agreement. For the final 4 years of the agreement, the cost of parking will be increased but in no event will the cost of parking exceed the night-time parking charge then in effect by UO.  This matter will be negotiated as a term of the final agreement between the City and Coliseum.

 

20.  The City agrees to pay the Coliseum reasonable compensation, to be negotiated, for the Coliseum's loss of use of the Old Coliseum space over the remaining six year term of the Stadium Agreement.

 

21.  The Parties hereto agree that the provisions of this Memorandum of Understanding are non-binding.

 

IN WITNESS WHEREOF COLISEUM has executed this document on this _____                                                                day of November 2011.

                          

                          THE COLISEUM INC.

 

                                                                              ___________________________________    

 Name:

Title:

 

IN WITNESS WHEREOF the City has executed this document on this   _______ day of November 2011.

                        CITY OF OTTAWA

 

                                                                              ___________________________________    

  Name:

Title: