HomeMy WebLinkAboutBy-law 2681/88 CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2681 /88
Being a by-law to authorize the execution of an
Agreement to Lease the Pickering Recreation
Complex Lobby Pro Shop to S.H.C. Sports Ltd.
from March 1, 1988 to February 28, 1991.
WHEREAS pursuant to the provisions of Section 193 of the Municipal Act, RoS.O.
1980, chapter 302, the Council of the municipal corporation may by by-law, ]ease
premises owned by it;
NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY
ENACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute an agreement
between The Corporation of the Town of Picketing and S.H.C. Sports
Ltd., for the leasing of the Picketing Recreation Complex Lobby Pro Shop
from March 1, 1988 to February 28, 1991.
BY-LAW read a first, second and third time and finally passed this 15th day of
February, 1988.
5
hn E. ~]ergon, Mayor
rui:e Taylor,
TOWN OF
PICKERII',IG
PPROVED
Lr~GAL DEPT.
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2681 /88
Being a by-law to authorize the execution of an
Agreement to Lease the Pickering Recreation
Complex Lobby Pro Shop to S.H.C. Sports Ltd.
from March 1, 1988 to February 28, 1991.
WHEREAS pursuant to the provisions of Section 193 of the Municipal Act, R.S.O.
1980, chapter 302, the Council of the municipal corporation may by by-law, lease
premises owned by it;
NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY
ENACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute an agreement
between The Corporation of the Town of Pickering and S.H.C. Sports
Ltd., for the leasing of the Picketing Recreation Complex Lobby Pro Shop
from March 1, 1988 to February 28, 1991.
BY-LAW read a first, second and third time and finally passed this 15th day of
February, 1988.
/Bru~e Taylor,
TOWN OF !
PiCKERI, NG i
APPROVED '!
LEGAL DEPt.. ~
SCHEDULE A
THIS AGREEMENT made as of February 29, 1988.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Lessor"
OF THE FIRST PART,
S.H.C. SPORTS LTD.
hereinafter called the "Lessee"
OF THE SECOND PART.
WITNESSETH THAT in consideration of the rents, covenants and agreements hereinaf-
ter reserved and contained on the part of the Lessee, the Lessor leases to the
Lessee, a certain facility (the "Facility"), outlined on the sketch attached hereto and
marked as Schedule "A", located in the Town of Picketing Recreation Complex ("the
Complex") Lobby, at 1867 Valley Farm Road in the Town of Picketing, in the Region
of Durham, together with all rights of ingress and egress required for the use of the
Facility for the purposes of a Pro Shop,
For a period of three years commencing on March 1, 1988 and expiring on February
28, 1991, unless earlier terminated;
At an annual rent of $4,800.00 payable at the rate of $400.00 per month in advance
commencing on March 1, 1988, and continuing monthly during the term of this Lease.
THE LESSEE covenants with the Lessor to pay rent and the Lessor covenants with the
Lessee for quiet enjoyment provided that the Lessor may re-enter on non-payment of
rent or non-performance of any covenant.
TIlE LESSOR and ~he Lessee hereby further covenant and agree as follows:
1. (1) The Facility referred to above shall be used for and occupied only for the
purp{ose of operating a Pro Shop, and the Lessee shall not use or permit
the Facility to be used for any other purpose or purposes.
(2) In the operation of the Pro Shop, the Lessee shall supply, rent or sell
only items or services relating to racquet sports, aquatics, combative
sports and weight or exercise training, and no others.
(3) The Lessee shall not rent, lease or loan, from the Pro Shop, any items
for use within the Complex unless such items have first been approved in
writing by the Town's Director of Parks and Recreation for use within the
Complex.
2. (1) The Lessee shall operate the Facility as a Pro Shop for the full term of
this Lease.
(2) The L~-~.~ee shall keep the Pro Shop open to the public every day during
the te*'~ hereof, between,
(a) 9:30 a.m. and 11:50 a.m., Monday through Friday,
(b) 6:00 p.m. and 9:00 p.m., Monday through Friday,
(c) 9:00 a.m. and 4:00 p.m., Saturday, and
(d) 1:30 p.m. and 3:30 p.m,, Sunday,
subject to variation for summer season, holidays and other reasons,
provided that any such variation has the prior written approval of the
Town's Director of Parks and Recreation.
(3) Despite the provisions of subsection (2), above,
(a) in no event shall the Pro Shop be open before 7:00 a.m., or after
11:00 p.m., on any day during the term hereof, and
(b) the Lessee may close the pro shop, at its discretion, during the
months of July and August during the term hereof.
(4) The amount and payment due dates of rent payable shall not be affected
by any closure of the Pro Shop under subsection (3), above, except for
a closure for the complete calendar month of July, 1988 or August, 1988,
or both, in which case no rent shall be payable for that month or
months, as the case may be.
3. (1) The Lessee shall, at its expense, provide telephone service to the Facility
and all equipment required for the operation of the Pro Shop.
(2) The Lessor shall, at its expense, provide heat, light, electricity and air
conditioning to the Facility.
(3) The Lessee shall pay all realty, business and other taxes levied from time
to time against the Complex, the Facility or the Lessee as a result of, or
in any way relating to, the Lessee's use of the Facility as a Pro Shop.
4. The Lessee shall comply with all reasonable standards set by the Director of
Parks and Recration for the operation and maintenance of the Pro Shop in
keeping with the standards set for the operation and maintenance of the Com-
plex as a whole.
5. The Lessee shall be solely responsible for the Facility and the maintenance
thereof, and for all persons and property at any time therein; the Lessor shall
not be liable for any loss, damage or injury, including loss of life, however
occurring, un]ess caused or contributed to by the neglect or the default of the
Lessor.
6. The Lessee shall, at its 'expense, arrange and maintain $1,000,000 of general
liability insurance indemnifying the Town from and against all claims, demands,
loss, costs, damages, actions, suits or other proceedings by whomsoever made,
sustained, brought or prosecuted in any manner based upon, occasioned by or
attributable to anything done or omitted to be done by the Lessee in its use
and maintenance of the Facility.
7. (1) The Lessor and the Lessee acknowledge that the Lessor has leased to a
third party another facility within the Complex for use as a pro shop but
subject to certain restrictions, namely, that that pro shop shall provide a
skate sharpening service and shall supply, rent or sell only items and
services relating to ice hockey, skating, figure skating and ringette, and
no others.
(2) The Lessor shall not knowingly permit any person, other than the Lessor
and the Lessee, to supply, rent or sell, within the Complex, items or
services relating to racquet sports, aquatics, combative sports and weight
or exercise training.
(5) The Lessor~s obligations under subsection (2) are limited to taking what-
ever action it deems necessary to investigate and stop the unauthorized
supply, rent or sale of the items and services referred to therein upon
receipt by the Lessor of written notification from the Lessee of such
unauthorized supply, rent or sale.
(4) The Lessor sh~l.! restrict its reserved rights to supply, rent or sell,
within the Complex, the items and services referred to in subsection (2)
to those items and services,
(al not stocked at the Lessee~s Pro Shop,
.(b) not available from the Lessee~s Pro Shop, or
(C) relating to a specific promotion of the Lessor.
8. (1) The Lessee may terminate this Lease at any time prior to its expiry upon
ninety days notice in writing to the Lessor.
(2) The Lessor may terminate this Lease prior to its expiry only if the Lessee
is in breach of a provision of this Lease, notice of which has been given
to the Lessee by the Lessor and rectification of which has not occurred
within sixty days (ten days in the case of a breach of Section 6) of the
giving of the notice.
9. Upon termination or expiry of this Lease, the Lessee shall be free to arrange
for the sale of equipment, shelving and supplies, to any new lessee; in the
event that no such arrangements are made within 10 days before such termin-
ation or expiry, the Lessee shall forthwith remove its equipment, shelving and
supplies without causing any inconvenience to the Lessor and without causing
any damage to the Complex building.
10. During the month of November, 1990, the Lessee may apply to the Lessor for a
renewal of this Lease for the period March 1, 1991 to February 28, 1994,
inclusive, upon such terms and conditions as may be agreed upon, and the
Lessor, at its sole option, may grant or refuse to grant such renewal.
11. (1) Any notice or application required to be given or made hereunder shall be
given or made in writing and sent by prepaid first class mail or delivered
to:
the Lessor at: (before July 1, 1989)
1710 Kingston Road
Picketing, Ontario LiV 1C7
Attention: Town Clerk
(on and after July 1, 1989)
1 The Esplanade
Pickering, Ontario
Attention: Town Clerk
and the Lessee at: 19 Garfella Drive
Rexdale, Ontario Mgv 2Gl
Attention: Nell Dempsey
Every notice or application given or made in accordance herewith shall be
deemed to have been given or made on the day after it is mailed or
persona, lly delivered.
(2) This Agreement shall enure to and be binding upon the Parties hereto
and is not assignable by either Party to any other person, including a
corporation.
IN WITNESS WHEREOF the Parties hereto have hereunto affixed their corporate seals,
attested to by their duly authorized officers.
SIGNED, SEALED & DELIVERED
T~PO~/ON OF THE TOWN OF PICKERING
Br ari ~E. A~nde~ofi, l~ayor
uce Taylor, Clerk
S.H.C. SPORTS LTD.
- 4 -
SCHEDULE A
PICKERING RECREATION cOMPLEX
1867 Valley Farm Road
Picketing Ontarlo
banquet hall
Facility
(pro shop)