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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 , - �G. � � T mas 1. Qui , Chicf Administrative Officcr . Playground �'� Area � I � � �J�.J I Baseball Di� amond \ �_ �,� 4,� O� p�C 4 rR,p W � _ S � r �� � 1 Proposed Portabie Buflding I Existfng � Shed � � � o da \\ BG ��5 Baseball Diamond Centennial Park �� \ o� �o G� � IU-zG-99 ul:4nr� raux 1�n sia��e rnin��nu 1 �rs . .. � e� � ��G� 6199� ���c. P _)G� o�?�G��Sp�c � J0 \G�O Q Pickedng Civic Ceoter One the firylamde PickuiuC Onterio LIV 6K7 �: TyR{ oYllil{ SI. P�L7111Q T!O�t tvif. B8i11df: �, , �.�.�. �!� "r11 .; . ..,,,,! « Oanbtt 27th,1999 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 � 905509�.320 F'AGE.�l 6 IU�CO'yy UI�SO(� l�V� !AE OILLLL fMlnlll'IV � fUL 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. '��u�uCaue vxProria�m TelePbooe. (f903) 309•1251 Fu: (903) 509-0710 x fazed b: �Tim Moorc EvuqtB� r' OCT Z6 '99 lY•25 9059090320 P�GE.02 1!O w-to-ee ui.�oi� rw� ua au«� rn�niinu tw AIiACkIR1�ER1�%iti 2 tiA RT1iOESOk-00 MNNINO RErOpT I.L� � � •� ��:� � �.� IU-LO'99 U1:4tlYtl lau0 IKL SIlLLC YAIflIINU PU4 �9 � .._i _ ..._, . � �>`. -• •..�." �_1— : 2 �� �� , � � � � . _.�__ _ � . •-'.F.. i� . � - ---'{—. ! _..'''C i--.-- � i_ _' � I --' --'-�-�� _p _...r¢._ .-QG-a (j �� .-;•--•-�- --�_-•-••- : -; •;�-�-�• �--: q-�y-W-�-� , .... . `__�-.�. . ..- - -• - -�- �-y�.-- �• ' `-F� . � �� . ... .. _ . _ . � , � ' � � '.Y . . .: . . . �...� --- -. .. .. _ _. �_. �.,� � . . W _ � .. . _ . . � -�.- , . _ _ .j.�. T_..___'_ r••L-1•• -+a .�..}�. . � .� i •� •'t---- .. ,. . � ;. ._ ....__ _ : ,�� .' �j .. ..w- r E£- -� ��-,� - ..i.:� � ..` _ t— �... �.. � ' � _.i , _r...�. � �: ..�. � --�.�.�— OCT 26 ' 99 12 � c"6 •• ••� •?055090320 PFlGE. f34 '1 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 �.v�o� 4 ZR6 Proposed � Portable Buflding r Existing � Shed g � � a \\ CoU�s Playgroun� Area � �Q .4+ OF P�C 4 +pP V � �' _e�y,� O �vr Baseball Diamond Baseball Di�d Centenr�ial Park � ao \ � 0 � • 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