HomeMy WebLinkAboutOES 05/00171
�,� OF P/�
� ° REPORT TO COUNCIL
FROM: Everett Bunlsma DATE: February 11, 2000
Director, Operations and Emergency Services
REPORT NUMBER:OES OS-00
SUBJECI': Pickering/Ajax Italian Social Club
Request for Pertnission to Locate Portable Building in Centennial Park
Part Lot 19, Concession 2(west side Brock Road, south of Rossland Road)
Ciry of Pickering
RECOMMENDATION:
I. That the request of thc Pickcring/Ajax [talian Social Club for pertnission to
introduce a portable building into Centenninl Pazk for use in conjunction with Bocce recreational
nctivities in the park nnd for the purpose of a meeting place Cor club members bc APPROVED,
oniy for t6e purpase af uses directly related to bocce recreatfonal activides (n t6e Park,
subject to the condition that lhe Club enter into a liccnce ugrcement with thc Ciry, generally in
the form outlined in Attachmcnt No.4 to Rcport to Council OES OS-00.
2 That the City Solicitor be givcn authority to cntcr into an agreement with the
Pickering/Ajax Itulian Social Club on bchalf of the City.
3. That Councii considcr thc rcquest of thc Pickcring/Ajax Italian Social Club for
rclief to the Ciry's review fces associated wilh the proposal, and ndvise StuUnccordingly.
ORIGIN: Requcst of thc Pickcring/Ajax ttalian Social Club dalcd Octobcr 27, 1999
AUTHORITY:
Resolution 390/97 of the Town of Pickering Council, directing stnff to negotiate n mutually
ucceptuble dute with the Pickering/Ajax Italian Social Club for the future instnllation of a
portable building in Centennial Park, for use in azsociation with boccc recreationnl nctivities.
FINANCIAL IMPLICATIONS:
No direct costs to the Town are anticipated as a result of the proposed development.
EXECUTIVE SUMMARY:
The Pickering/Ajax Italinn Sociel Club (PAISC) have requestcd that Council authorizc thc
introduction of a portuble building into Centennial Park for use in nssociation with cument
recreationnl bocce activities, nnd for the purpose of n meeting placc for Club mcmbcrs. Tliis
rcquest is very similar to that endorsed by Town Council in 1997, wilh thc exccption that thc
Club now requests that the building ulso bc uscd ns a mecting pluce for Club mcmbcrs. The
building would be owned by the Club, but its use would bc regulutcd through a liccncc
agreement with the City, providing operntional restrictions nnd provisions, which protect the
City's interesta. (t is the Club's dcsirc to introduce the building into thc purk ns soon as possible.
�172� Report to Council: OES OS-00 Datc: February I l, 2000
Subject: Pickering/Ajax Italian Club peg� 2
Stuff have evnlunted the Ciub's request using the criteria set out in Planning Report No. 19/97
for considering portable structures in City Parks, and recommend that the request be approved
subject to the securement of an uppropriate licence agreement with the City, and subject to the
restriction that the building only be used for purposes directly related to bocce recreational
uctivities in the Park and not a socinl clubhouse.
BACKGROUND:
1.0 Previous Council Endorsement
In the spring of 1997 the Pickering/Ajax Italian Sociul Club (PAISC) npproached the Town oC
Pickering requesting permission to erect u portable sUucture in Centennial Park to be used for thc
purpose of storage of equipment relnted to the use of the bocce courts located within thc park,
and for the purpose of a meeting place for members of the Club while using the bocce courts.
Planning Report l9/97 wns prepazed by Stnff which cstublished criteria for the rcview of requests
for portnble structures in City parks, and which evnluated the request of PAISC for a portablc
building in Centennial Park. Council considered the Staff report in June 1997 and sanctioned the
request of the Club, subject to the enactment of an appropriate licence agreement between the
Town and the Club. A licence agreement was established (authorized through By-law 50G2/97)
but the Club did not procced to install the portable building for 5nancial reasons and the
ngreement was nevcr fully executed. Security dcposits anJ other monics held by the Town
related to the introduction of thc portable building wcre rctumed to thc Club, and Council
(through resolution 390/97, Attachment No. 5), dircctcd staff to negotiate n mutually acceptnblc
date with thc Club for thc futurc installation of a portablc building.
2.0 Present Rcqucst of thc Pickerinx/Aiax Italian Social Club
The PAISC approached thc Town in latc Oclober 1999 and adviscd that they have been
succcssful in securing n por►abl^ building, which suits their nceds (825 square teet - 25 II. x 33
R.). The proposcd location of the portable building remains the same as proposed in 1997 (sce
location map, Attachmcnt No. t). The Club wishcs to move thc structure into Ccntennial Purk as
soon as possible. In addition to using thc building for purposes nssociated with boccc
recreational activities in the Park, the Club also rcquests that the building bc used for the purpose
of a meeting pincc Cor mcmbers oCthe Club. Further, duc to the ftnancial limitations of the Club,
they have requested thnt the City provide leniency in the application of review and agrcement
fees (see Club Ictter, Attachment No. 2).
3.0 Discussion
The request of the PA[SC is very similar to the proposal upproved by Town Council in 1997.
Thc Club wauld retain ownership of the portnble building, and would be required to enter into a
licence agreement with the City to set out operational restrictions for use of the building and
ensure that the Ciry's interests are protected. However, the request of the Club to use thc
building for the purpose of a meeting placc for members of the club, unrelated to bocce
activities, is not supported by Staff. Other locations in the City nre available for the
establishment of sociul cluhs, su�d should be sought Cor non-bocce related uses.
Staff inet with represcntativcs of the Club nnd have estublished a revised licencc agrecmcnt (scc
Attachment No. 4). The new licence agreement genemlly reflects the elements of thc previous
agreement. Kcy elemcnts of the new licence agreement include:
• five ycar term (expiring November I5, 2004)
• use of building restrictcd to period bctween April 15 nnd Novcmbcr 15, with opernting
hours of 8:00 am to 11:00 pm, Monduy through Sundny
• use of the building restricted to the purposc of the storngc of cquipment mluted to thc usc
of the bocce courts located within the Park, and for lhe putpose of n mectir,g ploce for
membere of thc club while uainu the bocce courts
Report to Council: OES OS-00 Date: February 1 I, 2000 1'%3
Subject: Pickering/Ajax ltalian Club Page 3
• prohibition af serving alcohol or allowing ►he consumption of alcohol within or around
the building unless liquor licence/pertnit hus been obtnined by Ciub
• security deposit of $2,000 to be held by the City
• requirement that the Club cover the cost of the providing one handicap accessible
porlable wushroom at Centennial Park for thc months of April to November inclusive for
euch year of the term (to comply with Building Code)
• requirement to cover the costs of all utilities related to the use of the portable building
• requirement to provide general liability insurance to the satisfaction of the City
• requirement to obtain all necessary pertnits, licences and approvals, including site plan
approval from the City and a building permit prior to locating the building in the park
The proposal to locute n portable building in Centennial Park has been evaluated against the
criteria set out in Planning Report l9/97 (Attachment No. 3) and continues to be generaily
acceptable. The proposed location of the portabie swcture does not impact existing park
functions, only marginally reduces the amount of passive open space aeailuble in the park, and
should not impact ndjacent uses. Sufficient parking is uvailable in the existing nn-site lot to
accommodate any increase in use that may result from having indoor space nva� lable for use by
Club members. The Club will be required to obtain site plan approval for the �:ortable building
(involving review by the Site Plan Advisory Committee), and a building pertnit for the structure
(requiring plans prcpared by an architect).
It is important that the use of thc proposcd building be restricted to activities, which are directiv
related to the recreational use of the boccc courts in thc Park. Thc usc of the building as a sociat
gathering pince for club members, unrclatcd to boccc uctivities, is not rccommended by stalf and
is not permitted by the drn(t liccnce agrecmcnt. Other locations in the City arc uvailablc for the
establishment of social clubs, and should be sought for non-bocce related uses. Staff are
concemcd with rcspcct to this aspect of thc Club's proposal and cncouragc Council to make this
distinction clear to Club represcntatives.
Should Council support thc rcquest of thc Pickering/Ajax Italian Social Club, StaR'recommend
that City Council uuthorizc smff to cnter into a liccncc agrccment with the Club, generally in thc
fortn attached to this report (Attachmcnt No. 4).
4.0 Application Fces
Due to �nancial limitations of the Club nnd the costs to be incurred in acquiring the portnble
building, the Club have requested that thc City apply leniency in applying associated processing
fees. Fees that would be applied by the City to this project total $500.00 and include Lcgal fees
for preparation of the agreement (5200.00), Planning and Development fees for site plan review
($250.00), and a building pertnit fee ($50.00). My relief in the puyment of these fees would
require direction from Council.
ATTACHMENTS:
1. Property Location Map and Site Plan
2. Letter from Pickering/Ajax Italian Social Cfub dated October 27, 1999.
3. Review Criteria for Portable Swctures in City Parks (Appendix 1 to Plnnning Report
19/97)
4. By-Lnw
5. DraR Liccnce Agrcement
G. Council Resolution 390/97
� 1 rf � Report to Council: OES O�r00 Date: Februety 1 t, 2000
Subject: Pickering/Ajux Italian Club Page 4
P�� By� Endorsed by:
verett Buntsmu Neil nrro
Dircctor, Operations and Emergency Secvices Director, PI ng and Development
NC
Attachments
Copy: ChiefAdministrative0fficer
Recommended for the considcration of
Pickering City Co
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R.e: Pomblo Faeilf�Ie� at
Cen��i� P�.k Pickcri�g Ontario
Once ap�i4 tho Pictering Ajax Iplfen Saial C]ub, Lu o definim pouiallry of obrolning a pnrtable
for our o�W�Ilshmm�.
A liceace �greemenl wae pazsed end dnwa bauttn Ihe lown ond ouaetves with ehe te+m of
lianoo beginning the Iri d�y of Aueus� 1997 and ending on luly 7Ia;1002, The pocuWe will be uxd Por
� PuP� of non8o of a{uipmew �elaud w tha use ot the bocon eourts laaoed with3n �Ee jmrlc and for
the purpose ot a meatlng plue Cor memben of �he Uub.
We bad oeteed upen aU Ihe terms wd croadidons ot �Ee llaaa agreeroent and dave agrced w usume
�11 a'p�nus (excepl the baae rnurt IiPJ�tind ocpen�e) Ihat is imrolved with luving this porteWe
at thtt IocaQoa We hm provided wilh the f2,ppp.pp �ry. We 6ave yessed th�
}iealth DepuCnom, We have ban provided with the permit u it hu pns�ed di roquircment fmm
the Wxv R(Mt. ?Im Moorc). whieh I suppose 6 still wlid We prorlded proo( tba�
Pfcleeing Ajuc ]nlian Sod�l dub u� IeQaIIY Inaoryonted body. Md ptavidcd evidenct
that an ePP�P� �uunae polky au in pl�oe,vilh e SI.000,000.00 8�biliry.
And ws were alw in'sn tLe wthoriry for a pottable to be vanfported 6om tLe 9ite Deputment
(Mr. Chti: woag) �000rdlug �o tba P�miaB �eport ewDY macLedl and tbat it. wos wdicieat 'unul �tta
the poiLWe a� bewght w the site. We wcrc pven a wtin of time (unrcroin Eow lon� Ia oMer a
Produoe s profafimul dra�viaE wWcE muld lulade: dte plsn, landsape Plan. clevation o[[he swctum
ond ti�tlng
OCT 26 '99 32�25
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IU�CO'yy UI�SO(� l�V� !AE OILLLL fMlnlll'IV
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ATTACHMENTqa TOREPORTqolSA�/'�
17.7
WIW do we wW't we w�ns W taoyea �Il fila u4 `et 11il� porubie oato tN� Duk, bcfwe the
ead of November,1999, in otdu tLat our aaion ud other memben of Ihe elub wuld mat for �he
long �rluta arooWt Our pomMe is cnly 7 yeut p14 anld b �n exoellun conditloa It wiU cot Imafere
with the ext�dt� I�ad�apin8 �ad will aot effect tha �ppeuua ott4e putc
We will repalr W Aama�nn that mq' be awedbq truuyordnB tldt:t:ucaue w Ne P�k �++�Y. amf luing
lu look co i4 origtael atvus. We will na auce tlu Towa of PkkerinB �Y �xP�s in mPNdi ta thl:
truuactloa
Pleue, �odus4nd mY tiauNan, a+ the portable G bdng 6dd undl �he end u[ Noveroba, and 1 wuh
na to ctiuppotiu our elub uKmba� agairt I luw P��Y Bo� �ouPh all IAe obllgaUons ut by the
7'am of Pickaing aud fiurlly L�d w cancsl We delivery a! the Poaubl0. �e W lack of fundx. We �d
na hm monry IeR beause of the manY departmrnt chu8a kt by the Town. We waWd like wme , it
not all of thae tLar�d valvcd
I wst thu you will be ia coatocl with me. a I avuld ifke W make the nceeic�ry appointmeau aith tde
vatiocu dep�MKOt �uthorida lwotved ,uid 1 uouW Iike a Aave tlu rtquircd davments yfcpared as
woa u posudt I�m coa0deat Uut you will very twnpattimue toward� this matter.
Youn wly.
Picketing q�c im8an Soail Club.
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Fu: (903) 509-0710
x fazed b: �Tim Moorc
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ATfACHMENT A 3 TO REPORT q0� ���
nrr�tvu�x � To
PLANNING ItLI'OItT NO.17/97
Review Criteria for considcring requesls to locnte portnblc structures in Town parks.
A. Imnpct on Park Function
. Docs the locntion of thc proposcd porwble swcturc impcde thc continucd usc
of cxisting pnrk functions or result in the lowl loss of an cxisting function.
. Does the proposcd portnble structurc rosult in an increased Ievel of usc that
rcquires nddilional facililics in tlic park (c.g. waslirooms or parking), and cun
thcsc fncilitics bc accommaluted in thc park.
. Does the proposec! location oC the portable structuro dctract from thc overall
visunl quality of thc park.
p. �ecton AJiaccnf Uses
. Docs thc location und d�:sign of thc proposcJ portablc slructure impnct
ndjaccnt uscs (c.g. loss of privncy, spillovcr lighting, ovcrshadowing etc.).
. Will Ihc proposcd poMblc strucmrc incrcasc park usc to levcls Iliat result in
impacts on adjncent uscs (c.g. increascd noisc Icvcls, truffic tlows ctc.).
C. Ac�thclic quaHfv
. Is thc sizc, hcight, anJ matcriuls of thc proposcJ portablc strucwrc compntible
with Ihc ovcrull chamcicr of Ihc park anJ surrounding nrw.
. Will any proposcJ signagc on thc �wrtublc slructurc Jclruct from tlic visual
quality of Ihc park.
D. Sccurilv and Acccs�iliilily
. Will thc lucalion of thc proposcJ portablc slructurc proJucc unsafc conditions _
for club/organiration membcrs and gcncral park uscrs,
. Can nppropriatc acccss bc providcd to thc proposcd portnblc structurc for
cmcrgcncy vchicles (i.e. police, fire, ambulancc). _
. Will improvcments to existing park inGastructurc bc rcquircd to ensure
appropriatc acccssibility und personnl safety (c.g. incrcascd lighling, cnhanccd
wnikwnys or drivcwuys cicJ.
Municipnl Rcvic�v Proccss for considcring rcqucsts lo locatc portnblc structures in Town
parks.
. Rcqucst submittcJ to thc Dircctor of Purks anJ Pacilitics (administrotivc
processing fec ussesscd);
. Iicqucst circulnlcd to Direclor of Plwming for dctnilcJ rcvicw through Sitc
1'Inn Rcvicw Proccss (includcs p�cscntntion to Sitc Plnn AJvisory
Cummiltec);
. IZccommcnJution Rcport to Council rcgnnling proposul prcpurcd by
Dcpnrtmcnt of Pnrks and rncililics;
. If approveJ by Council, prcpamtion anJ cxccution of Liccncc Agrccmcnt by
Town Solicitor.
ATTACHMH�ITN�TO ItB01CTN � �
1'HE CORPORATION OF THG CI7'Y OF PICKGRING I 81
BY-LAW NO.
Being a by-law fo aulhorJzc 1hc execufion of a Licence
Agreemen� 6ehveen Tlie Pickering AJar /(alian Social
Gu6 and The Corpo�afion oJ tlre Ciry oj PJckerfng
respeclJng fhe placenien► oJ a porla6le s(ruc�ure !n
Cen�ennlal Park
WtiEREAS, pursunnt to the provisions of sections 191 of the Municlpal Act, R.S.O. 1990, chaptcr
M.45, thc Councii of lhe Corporation of lhe City of Pickering dccros it desirable to entcr into a Licence
Agrcemcnt, rcspccting the pineemcnt of a portable swcturc o�vncd by ihe Pickcring Ajax Itulinn Social
Club wilhin Centcnnial Pnrk to bc uscd by thc Club for thc purposcs of storing cyuipmcnt nnd for the
purpose of u mceting pluce for Club mcmbers while using thc boccc courts locnted within Centcnnial
Pnrk;
NOW THL•RG[�ORG, tl�c Councii of Thc Corpomtion of thc Ciry of Pickcring IIGIt�DY ENACTS AS
1'OLLOWS:
Thc Mayor anJ Clcrk am hcrcby uuthorizcd to cxccutc n Liccncc Agrcemcnt bctwccn thc
Pickering Ajax Itnlian Sa:ial Club unJ Thc CorEwmtion of lhc City of Pickcring for lhc purposc
of allowing thc Club to pince n poAubic structurc owned by thc Club into Ccntcnniul Park, to be
uscd for the purpose oC storing cyuipmcnt owncd by the Club nnd for thc purpose of n mccting
placc for thc Club's mcmbcrs whilc using thc boccc courts IocatcJ within Ccnlcnnial Purk,
which ngrcement shall be prcp:ued substnntially in accordnncc wiUi thc fortn nttached as
Schcdulc "A" hcreto.
[3Y-LAW read u first, sccond anJ third timc and finally passcd ihis 6th dny of March, 2000,
Wnync Arihurs, Mayor
Bruce Taylor, Clcrk
L9706
. SCHEDULE p ATTACHMENTN S TppEpppTpacs p�,,pp
182
7'FllS LICENCE AaREEMENf mudc this I Sth dny of Pebrunry, 2000.
BGTWEEN:
PICICERIN(3 NAX ITALIAN SOCIAL CLUB
(hereinnftcr called Ihc "Club'7
Of THE fIRST PART,
nnd
THE CORPORATION OF THE CITY 0� PICKERING
(hcreinnfter culicd thc "City")
OF T[iG SECOND PART.
WHGREAS the Ciry is the Owner of Ccntcnninl Pnrk locnted on f3lcxk 92, Plan 40M-1440,
Pickcring;
AND WHCREAS lhc Club is n Icgnlly inwry�oratcd non•profit associntion which operntcs boccc
courts locatcd in Centcnnial Park for lhc bcncfit of its mcmbcrs;
AND Wf{ERF.AS thc Club is lhc solc txneficial Owncr oC n portablc building which thc Club
wishcs to pincc in Ccnlcnnial {'nrk for cxclusivc usc by thc Club, subjcct to ccrtain tcrtns nnd
conditions;
NOW TIiGREfORE TFI1S AGREGMIiNT WI7'NGSS['sTH that in considcrotion of thc mutual
covenanls and agrccmcnts containcd hcrcin, thc Partics hercto agrcc as foilows:
I. 7'he parties hereto ncknowlcJge and confirm that Ihc rccitnls containcd hcrein are tnie in
substancc anJ in fact.
2. !n this Agrccmcnt, thc tcrtn,
(a) "Dcpartmcnt" mcans thc City's Dcpartmcnt of Operations and Gmcrgcncy Serviccs; .
(b) "Pnrk" mcans that portion of Centennial Park locntcd on Block 92, Plan 40M-
1440, Pickcring, as sct out by hatchcd lines on thc skctch nttnchcd hcrcto and
morkcd ns Schcdulc A lo lhis agrccmcnt;
(c) "Portnblc" mcans thc portablc building bcing approximutcly 25 fect widc by 35
fcel long, owned by the Club.
3. Thc Cily grants to thc Club thc cxclusivc right to pincc thc Potinblc wilhin lhc Park nnd
to thc exclusivc usc of thnt portion of lhc Park us outlincd in Schcdulc A altnchcd hcrclo,
for thc period:
April I5� to Novembcr 15°, 2000
April I5� tn Novcmbcr 15°, 2001
April I S'� to Novcmbcr 15ih, 2002
April IS° to Novcmber 15", 2003
April IS" to Novcmbcr 15", 2004
hcreinu(icr called Ihe "'1'ertn" and only betwcen thc hours of 8:00 n.m. and I 1:00 p.m.,
Mondny tluough Sunday, throughout thc 1'crtn.
A7TACHMEN7 �; Jr r, ; ,tcppRTq�SCY�-Q6
1�3
4. Tho Club� lI8 BCCVW118� agcnts nnd employcca, ehnll comply siricqy wilh all applicablc
stalutes, laws, by-laws, ordcra, rules, rcguletions and policics governing the operation of
lho Park and lhc Portublc end tho conduct of lhc buainesscs of thc Club and of thc City,
including but not limited to all npplicable hcullh und safety regulations govcming lhe
conduct und operation of thc Park.
5. The Club shnll,
(a) obtain all neccssary permits, licences and upprovals, including site plan approval
from lhe City and a building permit prior to locating thc Pociablc in the Park;
(b) deposit with the City, before the beginning of the Term, n ccriificate of insurancc
verifying that n general liubility insurunce policy in the amount of at Ieast
$1,000,000 is in place in respect of injury to or death of one or more persons, or of
damage to property, in n fortn satisfactory to thc City;
(c) indemnify the Ciry for any costs, claims or damages from any loss, damage or
injury, including loss of lifc, to nny person or property at any time in or ncar the
Portable howcver such loss, dnmage or injury may occur;
(d) keep the Portab(c in good repair and mainGtin thc Portable and lands surrounding
the Portable at u high levcl of cleanliness;
(c) use thc Portablc for storngc of equipment rclatcd to thc use di the bocce couris
locatcd within the Park and for thc purpose of a mceting place for mcmbcrs of thc
Club whilc using thc boccc courts;
(� cnsure that it uscs thc Portablc only during Oic opernting hours of 8:00 a.m. to
11:00 p.m., Monday throuyh Sunday, in each calendar year throughout lhe Tcrm;
(g) reCrain from serving alcohol or allowing the consumption of ulcohoi within or
around thc Portable unless the required liquor licencc/pertnit necessary to permit
the sale of alcohol Cor special occasions has been obtuined by the Club;
(h) supply clectrical powcr and heat to the Portabie, at its own expcnse;
(i) obtain the approval of the City's Director, Operations and Emergency Serviccs
before altcring, adding to or varying in nny way nll or any part of the Portable;
Q) not advertise or pluce signnge of any kind on thc outside of the Portable or in the
windows of the Portable, without the prior approval of Pickcring Council;
(k) rcfrain from interfcring with lhc cnjoymcnt of the Park by any mcmber of Uic
public;
(I) keep the Ciry free hom uny costs originating from or associutcd wiU� thc Ciub's
operation or thc operation of lhe Club's programs in thc Portublc;
(m) pertnit thc City, its servnnts, ngcnts and cmployccs, lo huvc ucccss to thc Portublc
nt s�ny time during the Tertn, whether or not thc Club is operating, for the purpose
of conducting inspections in the Portabic;
(n) provido ono hanJicap ucccssiblc poAnblc wasluoom nt U�c Pnrk for U�c monlhs af
April lo Novcmbcr inclusivc, for wch year of thc Tcrtn nt thc Ciub's cxpcnsc;
(o) cicnr enow und icc from Uio Portablc atcps, porking arcas, Jrivcwny and from any
wnikwnya Icading to thc Portabic whicli ia bcing usnl by lhc club mcmbcrs, at its
own cxpcnsc.
2
184
ATTACHMENTN 5 TOREPORTt��'���
(p) remove lhe Poriable from the Park nt the end of the Term; and
(c� leave the Park in u neat, tidy nnd clean condition at the enJ of the Term, and
immediately rcpnir or replace any damagcs lo the Pnrk from ihe pluccmcnt or
removnl of ihc Portuble from the Park;
The Club shall provide the City, prior to the issuance of a building pertnit a�id prior w
locnting the Portuble in the Pnrk, n security in tha form of eithe� cash or an imvocnble
letter of credit issucd by n chartercd bank in Canadn in thc n►nount of 52,000, Such
sccurity may be drawn upon by thc City in such nmounts, anJ at such times as the City, in
its sole discrctian decros udvisablc, for the purpose of maintaining thc Portnblc on the
Pnrk should thc Owncr fail to mnintain thc Portnblc und/or thc Park to the City's
sutisfnclion. The City shall also be entiAed to drnw upon Uie sccurity to cover any costs
incurted by the City in removing the Portnble from the Pnrk, disposing of the Porlable
nnd restoring thc Park, should it become nccessnry for the City to do so �s a result of a
breach of this Agreement by the Ciub, or in the event that the Club abandons the Portablc
at thc cnd of the Tcrm.
7. Thc Ciry shnll not be linbic to the Club for any loss of or dnmage to the Portablc, the
Club's cquipmcnt, supplics or products, whether cnuscd by fire, theR, burglary, or by the
remova! of the Portable damuged by the City or othenvise.
8. All properly of the Club or membcts of lhc public nt any timc on lhc land shnll be at the
sole risk of the Club (or members of the public, as Uie case muy be provided that such
mcmber of thc public hns voluntnrily ussumcd such risk which tmnsfcr or risk shnll be thc
responsibility of thc Club) and thc City shull not bc liublc for nny loss or dmm�ge lhcrcto
howcver occumng and thc Club releascs the City Gom ull claims nnd demands in respect
of ony such loss or dnmogc.
9. Thc Club shnll assumc all linbility nnd obiigntion for any nnd all loss, damugc, or injury,
including death, to persons or property thnt hnppcns as n result of or arises out of thc use
nnd occupation of thc Purk by the Club or its mcmbcrs and thc club shnll nt nll timcs
indcmnify und savc hnrmicss thc City from and ngainst uil such loss, damagc, or injury
und all actions, suits, procecdings, cosls, charges, damuges, cxpcnses, claims or demands
nrising thcrcfrom or conncctcd thcrewiU�.
]0. (a) Notwithslnnding thc provisions of Lhis Agrcemcnt, cithcr party may tcrminatc this
Agrcemcnt upon thirty (30) dnys prior written noticc to thc other.
(b) Notice of curly tcrtninalion may bc given by personnl dclivcry or registcrcd muil,
(i) in thc case ofthe Club,to The Pickcring Ajnx Itnlinn Social Club, do 70
Flildcnboro Squarc, Scarborough, Ontnrio MIW IY3, Attention: Dnnda
Morinndo; und
(ii) in thc cosc of thc City, to Thc City Clcrk, Thc Corpomlion of the City oC
Pickedng, Pickering Civic Complex, One The Gsplanude, Pickering,
Ontnrio, L1V 6K7.
(c) Gach pariy may rcdesignntc thc person or thc nddrcss, or both, to whom or to
which such notice may bc given by giving writtcn noticc to tl�c othcr.
(d) Any noticc givcn in accordancc with this scclion shnll bc dccmcd to hnvc bccn
givcn on thc sccond day following thc dny of dclivcry or 1hc duy of mniling, as thc
casc mny bc.
(a) 'I'his Agrccmcnt is not assignablc by Uie Club wiUioul thc prior writtcn conscnt of
the Ciry, which conscnt may bc tubitrarily williluld.
. ATTACHMENTq S TOREPORT �l�.pp
(b) This Agrcement shell enure to the benefit of nnd bc binding upon tho Parties 1$5
hereto and their respectivc heirs, udministrators, executors, successors end
assigns.
IN WIITIESS WHEREOF the persons wmpdsing the Club tmve hercunto ofiixcd thcir hands
and seals and lhe City has hereunto affixed its corporale seal, attested by lhe hends oF its
imthoriud officers.
SIGNED, SEALED AND DGLIVERED
PICKGRING AJAX ITALIAN SOCIAL CLUB
UWe hnve the nuthoriry to bind the corporation.
TEIE CORI'ORA7'ION OP THE ClTY OF PICKERING
Wnync Arihurs, Mayor
Drucc Taylor, City Clcrk
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4
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• 4
A��M�#: � TO REPORT q OE�S 0!s
1R7
INTER-DEPARTMENTAL MEMOItANDUM
CLFRK'S DEPARTMENT
DATE: October 14,1997
TO:
• Neil Carroll, D'uector of Planning
FROM: Bruce Taylor, Town Clerk
Please be advised that the Council of the Town of Pickering pessed Resolution H390/97 at a
� Regular Cauncil Mceting of Octobcr 6, 1997.
17�at stafTbe directed to negotiate a mutually acceptable date wfth the Pickering/Aja:
Itallan Sociai Club to install a portable structure in Centennial Park to be used for
atoring equipment and for the purpose of a meeting placc for Club members while
u�ing the bocce courb and that the S2,000 securily deposit and any other moneys be
returncd to tl�e Club until such time as a date for installing thc portablc is agrced to.
This resolution is sent to you Co your infortnation.
Bruce Taylor, Town Clerk