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HomeMy WebLinkAboutBy-law 2039/85THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2039/85 Being a by-law to authorize the execution of an Agreement between The Corporation of the Town of Picketing and the Pickering Panthers Junior Hockey, Inc. with respect to the rental of the Town of Picketing Recreation Complex arena. WHEREAS The Corporation of the Town of Picketing is the owner of the Town of Pickering Recreation Complex arena and is desirous of renting certain facilities there- in to the Pickering Panthers Junior Hockey, Inc. for certain purposes during the hockey season 1985/1986; NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a Rental Agreement, in the form attached hereto as Schedule A, between The Corporation of the Town of Pickering and the Picketing Panthers Junior Hockey, Inc. with respect to the rental of the Town of Pickering Recreation Complex arena for the hockey season 1985/1986. BY-LAW read a first, second and third time and finally passed this 3rd day of June, 1985. ~ C le~r k Schedule A THIS AGREEMENT made this 4th day of June, 1985. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE FIRST PART, - and - THE PICKERING PANTHERS JUNIOR HOCKEY, INC. hereinafter called the "Club" OF THE SECOND PART. WHEREAS the Town owns and operates an arena known as the Picketing Recreation Complex Arena on Valley Farm Road in the Town of Picketing; and WHEREAS the Club operates an Ontario Hockey Association (O.H.A.) Junior Hockey Team and is desirous of having its home ice at the Pickering Recreation Complex Arena; and WHEREAS the Town is prepared to permit the Club to use the Picketing Recreation Complex Arena as its home ice pursuant to certain conditions hereinafter set out; NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT in consideration of other good and valuable consideration and the sum of One Dollar now paid by each of the Parties hereto to the other, the receipt whereof by each is hereby acknowledged, the Parties covenant, promise and agree as follows: 1. The Club shall: (a) pay a fee to the Town of $70.00 per hour for all practices, and $85.00 per hour for playoff, regular season and exhibition games for the use of ice hockey facilities required; (b) reimburse the Town for the Town's cost of providing any staff, in addi- tion to its regular staff, deemed necessary by the Town; (c) provide and pay for all police, security officers, ticket takers, parking lot attendants, ushers and other personnel deemed necessary by the Town in addition to the Town's regular staff and any additional staff provided by the Town; (d) provide a combined fee payment deposit and damage deposit to the Town in the amount of $250.00 on or before August 1st, 1985; (e) make all fee payments one week in advance; (f) (g) (h) (i) (j) (k) (1) be responsible for the payment of all fees for ice hockey facility use time allocated, whether used by the Club, or by a team or teams designated by the Club; secure all other facility use time required for O.H.A. games and not provided by this Agreement through negotiations with hockey, ringette or figure skating organizations to which the facility use time bas been previ- ously allocated; fees for such facility use time shall be at the rates established by this Agreement and the Town shall be notified of such alterations in advance; keep the Town free or reimburse the Town for any costs originating with the O.H.A.; advise the Town at least 24 hours before game time of the anticipated attendance at the game; ensure that games conclude by 10:30 p.m. to enable the continuation of the Town ice rental program; indemnify the Town for any costs, claims or damages resulting from any loss, damage or injury (including loss of life) to any person or property at any time on the premises used by the Club, when a fee pursuant to this Agreement has been paid for such use, however such loss, damage or injury may occur; on or before September 1st, 1985, deposit with the Town a policy or a certificate of a policy of general public liability insurance wherein the Town is named as co-insured, in a form approved by the Town and in the aggregate sum of $5,000,000, covering the Town for public liability and property damage and keep such insurance in full force and effect at all times during the term of this Agreement. The designated ice hockey facility use time for the Club shall be as follows: Monday Wednesday Friday - Practice Time - Practice Time - Game Time 9:00 p.m. - 11:00 p.m. 9:30 p.m. - 11:00 p.m. 7:00 p.m. - 10:30 p.m. In the event the O.H.A. Schedule does not permit all the home game nights to be on Fridays, the Club will be required to meet with whatever organization has the facility use time which the Club requires. It is understood, however, that this in no way binds or requires the affected organization to give up its scheduled time. The Club further agrees that if it is able to reach a satisfac- tory arrangement with the affected organization, it will pay the Town the rates as set out in clause (a) of section 1 and to notify the Town of such arrange- ments. The Club's personnel, its members, employees, agents and representatives, when in or about the Pickering Recreation Complex and Arena, shall at all times during the term of this Agreement be subject to the direction and control of the Town, its employees, agents and representatives. The Town shall: (a) hold the following ice hockey facility use time for the Club each week: Monday 9:00 p.m. - 11:00 p.m. Wednesday 9:30 p.m. - 11:00 p.m. Friday ?:00 p.m. - 10:30 p.m. (h) provide the use of adequate lighting, goal nets, public address system, time clocks, player benches, penalty benches, goal judge's lights, Can- adian flag and dressing rooms for practices and games; (c) provide the Club with the exclusive use of a dressing room for the term of this Agreement; 2 (d) provide the Club with an equipment lock-up room of adequate size for the term of this Agreement; (e) provide the use of the arena ticket booth on game nights~ (f) provide the use of an area on game nights for the sale of programs and for promotions of future games; (g) provide clearly marked ice at ali times; (h) provide the O.H.A. Refereeing Officials with a dressing room on game nights with adequate washroom and shower facilities together with first aid supplies and equipment. (1) The term of this Agreement shall be from September 1st, 1985 to March Ist, 1986, both inclusive. (2) The terms of this Agreement shall be extended after March 1st, 1986 on a week to week basis but not after April 30th, 1986, should the Club be involved in the O.H.A. Junior Hockey playoff schedules during March or April, 1986. (3) The Club shall have the option to renew this Agreement for the 1986/1987 season subject to the imposition of such terms and conditions as may be agreed upon between the Parties prior to September 1st, 1986. The Town's obligations pursuant to this Agreement shall be dependent upon the availability of a satisfactory ice surface during the designated ice hockey facil- ity use times. The Club shall not hold the Town responsible, and the Town shall not be liable to the Club in any manner for the lack of ice hockey facility use time resulting from the Town's inability to provide an appropriate ice surface as a result of acts of God, mechanical failure or other circumstances beyond the Town's control. This Agreement and everything contained herein shall enure to the benefit of and be binding upon the Parties hereto and their successors and assigns. IN WITNESS WHEREOF, the Parties hereto have affixed their respective corporate seals, attested by their officers duly authorized in that behalf. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk THE PICKERiNG PANTHERS JUNIOR HOCKEY, INC. President Secretary - 3 -