Title
Community Association - Licenses
Proposed Motion
That Council approve the replacement of all current land lease agreements between Parkland County and its Community Associations with Licenses of Occupation.
Body
Administration Recommendation
Administration supports the replacing of land lease agreements with Licenses of Occupation as presented.
Purpose
Council previously approved 25 year land lease renewals with 12 Community Associations along with a new land lease with an additional Community Association, therefore the shift from lease to license must be approved in the same manner.
Summary
In 2013, Parkland County renewed its land leases with 12 Community Associations (Amity Bayshore Betterment Society, Blueberry Community League, Clymont Community League, Entwistle Community League, Graminia Community League and Social Society, Hycrest Place Community Association, Magnolia Community Club (1978) Inc, Sandhills Community League, Smithfield Community Hall Society, Tomahawk and District Sports Agra Society, Westland Park Community League and Woodbend Community Association) and in 2014 agreed to lease land to Parkland Big Lake Area Community Association. At the time of the renewals, advice was sought from legal counsel with regards to the leases and no direction was given indicating that Parkland County should consider shifting to a license rather than a lease for the lands.
In the fall of 2014, at the Alberta Recreation and Parks Association annual conference, a session was presented on licenses vs leases when it came to public lands, particularly referencing the Municipal Government Act and the provisions that would be required if municipalities were to lease municipal reserve lands to external bodies. Most notable of these would be requirement, as per the Municipal Government Act, to hold a public hearing when consideration is given to lease land, and that the leasee could also then be added to the title of the property. In the case of a license, neither of these would apply. Late in 2014, specific advice was sought again from legal counsel, specifically whether or not Parkland County should shift from lease to license. The recommendation from legal counsel is that Parkland County transition from lease to license on any and all agreements pertaining to municipal reserve lands.
Moving from lease to license does not change the fundamental terms of the agreements currently in place with our Community Associations. The terms and conditions along with the approved uses will all remain the same. Most of the changes are in the wording (see attached showing the changes from a current lease to the proposed license) the intent of the agreement remaining the same. The only substantial change is an additional clause regarding termination. Should Council approve the motion as presented, Administration will make the necessary changes to the agreements, inform all Community Associations of the reasons for the change and have the licenses duly executed.
Strategic Plan/Policy/Legal/Staff Implications
Community: Elevate the sense of community among residents
Enhance recreational and cultural opportunities for residents and visitors
Governance: Form strong and meaningful partnerships
Financial Impact:
Cost: 0
Source of Funding: N/A