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HomeMy WebLinkAboutCS 16-26 Report to Council Report Number: CS 16-26 Date: June 22, 2026 From: Laura Gibbs Director, Community Services Subject: Licence Agreement for the use of space at Dr. Nelson F. Tomlinson Community Centre Between the City of Pickering and the Claremont Golden Age Seniors Club. File: A-1440-001 Recommendation: 1. That Report CS 16-26 regarding Licence Agreement with Claremont Golden Age Seniors Club for use of the Program Room at Dr. Nelson F. Tomlinson Community Centre be received; 2. That the Mayor and City Clerk be authorized to execute the Licence Agreement with the Claremont Golden Age Seniors Club as set out in Attachment 1 to this report, subject to minor revisions acceptable to the Director, Community Services and City Solicitor; and, 3. That the appropriate officials of the City of Pickering be authorized to take the actions necessary to implement the recommendations in this report. 1.0 Executive Summary: The purpose of this report is to execute the Licence Agreement with the Claremont Golden Age Seniors Club (the “Club”) for a five-year term beginning on July 1, 2026, and ending on June 30, 2031. The City of Pickering is committed to maintaining and strengthening its partnership with the Club and to supporting their contributions to the community by renewing a five-year Licence Agreement. This Agreement will permit the use of a program room within Dr. Nelson F. Tomlinson Community Centre in Claremont for the purpose of operating their Club activities. The Club has operated programs and activities in the program room within Dr Nelson F. Tomlinson to the satisfaction of the City and staff recommend the Licence Agreement set out in Attachment 1 of this report be renewed for another five-year term. CS 16-26 June 8, 2026 Page 2 2.0 Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority of Advocate for an Inclusive, Welcoming, Safe & Healthy Community; Strengthen Existing & Build New Partnerships; Foster an Engaged & Informed Community. 3.0 Financial Implications: Since the Dr. Nelson F. Tomlinson Community Centre is owned and operated by the City, the maintenance and upkeep of the building is already undertaken by the City. There are no additional costs resulting from the approval of this Licence Agreement. The terms of the licence agreement requires that the Club pay the City $1.00 for the term of the agreement. The Claremont Golden Age Seniors Club generate revenue from activities that occur within the licenced premises. The Club is required to provide a financial summary from their activities to the City by October 1 annually. For the term from August 2024 to August 2025, the Club reported total income of $2,413.25 and expenses totaling $3,327.02. 4.0 Discussion: The purpose of this report is to execute the Licence Agreement with the Club beginning on July 1, 2026, and ending on June 30, 2031. 4.1 Background of the Claremont Golden Age Seniors Club The Claremont Golden Age Seniors Club is a community hub for seniors aged 55+ and has been located at the Dr. Nelson F. Tomlinson Community Centre for over 25 years. The Club focuses on fostering social connection and physical health for older adults in the Durham Region, specifically in Claremont. The Club offers social and recreational opportunities which include card games, arts and crafts, afternoon social teas, potluck lunches and fitness programs. As part of Pickering’s 55+ community network, the Club offers a friendly, local setting for seniors to remain active and engaged in the community and is a key social resource for seniors in Claremont. 4.2 Licence Agreement Staff have consulted with the Club in the preparation of the draft Licence Agreement, and they are agreeable to its terms. The Agreement was reviewed with input from a Solicitor from Corporate Services. CS 16-26 June 8, 2026 Page 3 The following notable changes have been made to this agreement: i. Standardized Language: The agreement’s wording has been updated to align with similar licence agreements for consistency; ii. Licence Format: The document now reflects a licence agreement rather than a lease, ensuring accurate representation of space usage; iii. Alcohol Policy Update: References to the City’s Alcohol Management Policy (now the Municipal Alcohol Policy) were removed from the schedule; however, the policy remains applicable; iv. Annual General Meeting: A requirement to hold an Annual General Meeting has been added; v. Termination Notice: The termination notice period has been reduced from six months to three months for either party; vi. Overholding Clause: The overholding provision has been removed; vii. Maintenance Services: Responsibility for general maintenance has been transferred from the Club to the City. The City has been providing this service and will continue to clean and maintain the premises; and, viii. Weather Cancellations: A clause was added allowing the City to cancel operating dates and times due to unsafe weather conditions. Updates to the Licence Agreement continue to provide the same level of access to the premises that the Club had in the previous agreement. The Club is able to adjust their operating hours and activities during the operating hours of the facility (9:00 am to 5:00 pm Monday to Sunday), with notice provided to the City. A request to operate activities outside those hours can be made to the Director. Staff recommend that a Licence Agreement be executed with the Club to permit the operation of their community program within the program room at Dr. Nelson F. Tomlinson as outlined in Attachment 1. The proposed Agreement will be for a term commencing July 1, 2026, and ending on June 30, 2031. Attachments: 1. Claremont Golden Age Seniors Club Licence Agreement 2. Claremont Golden Age Seniors Club Licence Agreement – track changes CS 16-26 June 8, 2026 Page 4 Prepared By: Kim Bradley, Special Advisor, Community Initiatives Prepared By: Marilou Murray, Manager, Community Services Administration & Strategic Initiatives Approved/Endorsed By: Laura Gibbs, MBA, MSc., Director, Community Services LG:kb Recommended for the consideration of Pickering City Council By: Marisa Carpino, M.A. Chief Administrative Officer Attachment 1 to Report CS 16-26 Licence Agreement This Licence is made as of the 1st day of July, 2026. Between: The Corporation of the City of Pickering (the "City") -and - Claremont Golden Age Seniors Club (the "Club") Whereas the City is the owner of Dr. Nelson F. Tomlinson Community Centre located at 4941 Old Brock Road, Claremont, ON L1Y 1A9; Whereas the Claremont Golden Age Seniors Club wishes to use the Program Room for the purpose of operating their community program; and, Whereas the City is prepared to grant a licence to the Club to permit non-exclusive use of the Program Room and washrooms located in the Community Centre for such purpose; Now therefore the parties agree as follows: Article I Interpretation Definitions 1.In this Agreement, (a)Commencement Date: July 1, 2026; (b)Licence Agreement: this agreement as it may be amended from time totime; (c)Licence Fee: the fee(s) payable pursuant to Section 21; (d)Premises: the Seniors Club (Program Room) within Dr. Nelson F. Tomlinson Community Centre located at 4941 Old Brock Road, in the City of Pickering, Regional Municipality of Durham as Schedule B; (e)Term: the term of this Licence Agreement as set out in Section 19; 2 (f) Director: the Director of the Community Services Department or a designate; (g) Community Programs: all activities related to the delivery of the Claremont Golden Age Seniors Club, and the use of all equipment; (h) Club: the Claremont Golden Age Seniors Club is an unincorporated Club it is agreed and understood that when the term “Club” is used in this Agreement it means the unincorporated Club and all its members in their capacity as individuals. Headings 2. The division of this Licence Agreement into articles, sections, subsections and schedules and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. Schedule 3. Schedule “A” (Club Program/Activity Schedule) and Schedule “B” (Dr. Nelson F. Tomlinson Community Centre layout – Seniors Club Room) are incorporated into and form part of this Agreement. The Clubs use of the Premises shall be in accordance with Schedules A and B. Severability 4. All of the provisions of this Licence Agreement are to be construed as covenants even where not expressed as such. If any such provision is held to be or rendered invalid, unenforceable or illegal, then it shall be considered separate and severable from this Agreement and the remaining provisions of this Agreement shall remain in force. Number 5. Wherever a word importing the singular number only is used in this Agreement, such word shall include the plural. Words importing either gender or firms or corporations shall include the other gender and individuals, firms or corporation where the context so requires. Governing Law 6. This Agreement shall be governed by, and interpreted and enforced in accordance with, the laws in force in the Province of Ontario. 3 Entire Agreement 7. This Agreement constitutes the entire agreement between the parties concerning the Premises and may only be amended or supplemented by an Agreement in writing signed by both parties. Article II Grant and Use Grant 8. In consideration of the performance by the Club of their obligations under this Agreement, the City is granting a non-exclusive Licence to the Club to use the Premises for the purpose described herein. The Club acknowledges that this Agreement does not create an interest in the Licenced Premises, nor does the Club claim any past or present interest, howsoever arising, as a result of or connected in any way with the use of the Licenced Premises. Club Use of Premises 9. The Premises shall be used only for functions organized by the Club and not by not-for-profit organizations or other organizations pre-approved in writing by the Coty, including charity events or non-commercial receptions and for no other purpose without the prior written consent of the City which consent may be arbitrarily withheld. The Premises shall not be used for the delivery of programs, services, activities or events which are directly or indirectly in competition with those offered by the City of Pickering. 10. The Club is only permitted to use the Premises during the hours of 9:00 am to 5:00 pm Monday to Sunday. Club hours of use are outlined in Schedule A and are attached to this Agreement The Club may alter hours of use with written notice to the City during the operating hours of the facility. Club requests outside of facility operating hours are subject to the approval of the Director. 11. The City reserves the right, in its sole discretion, to alter the operating schedules and the City will not be responsible for any losses or damage including any lost revenues and/or expenses incurred by the Club due to operating schedule changes and/or Premises closure, for any reason whatsoever. Nuisance 12. The Club shall not carry on any activities or do or suffer any act or thing that constitutes a nuisance, or which is offensive or an annoyance to the City. 4 City Use of Premises Takes Priority 13. The City shall always have right to use the Premises for its own purposes as required and, in such instances, shall give the Club reasonable notice of its intention to use the Premises to minimize and avoid any scheduling conflicts. The City’s needs shall take priority. The Club shall not be entitled to any rental fees or other remuneration associated with the use of the Premises by the City. The City shall ensure the Premises are cleaned after such use should it occur. Assignment 14. The Club shall not assign this Licence without the prior written consent of the Director, which consent may be arbitrarily withheld. Licences 15. The Club shall hold an Annual General Meeting (AGM) in each calendar year of the Term. 16. The Club may not grant Licences to other third parties to use the Premises. 17. The Club shall submit their annual year-end financial statement and membership list (to include names and municipality of residence) to the City by October 1st of each year of the Term. 18. The Club shall submit an annual calendar of events or Club activities to the City by October 1st of each year of the Term. 19. The Club shall submit a list of the Club Board of Directors to the City by October 1st of each year of the Term. Article III Term Term 20. The term of this Licence Agreement shall be five (5) years from the Commencement Date to June 30, 2031. 21. Notwithstanding anything else contained herein, this Agreement may be terminated by either party for any reason upon three months’ notice to the other in writing. 22. Upon expiry or earlier termination of this Agreement, the Club’s right to use the Premises shall terminate and all the rights of the Club under this Agreement shall 5 terminate (but the Club shall, notwithstanding such expiry or termination, be liable to the City for any loss or damage suffered by the City by reason of any default of the Club of its obligations hereunder). 23. If the City terminates this Agreement pursuant to Section 20, the City will not be liable to the Club for any damage or loss occasioned thereby. Article IV Licence Fee Licence Fee 24. The Club shall pay to the City as a Licence Fee for the entire the Term in lawful money of Canada the sum of One (1) Dollar ($1.00). Article V Maintenance, Repairs and Alterations Maintenance of Premises 25. Subject to the obligations of the City pursuant to Sections 27 and 29, the Club shall maintain and operate the Premises so that the Premises shall always be of good appearance and suitable for the proper operation. 26. The Club shall ensure that the emergency exits are kept free from obstruction and debris in the case of a fire. 27. The City shall provide general maintenance services (i.e. cleaning, vacuuming, minor/cosmetic upgrades/supplies) to the Premises at its expense and shall provide all necessary cleaning and maintenance supplies such as cleaning products, related paper products and cleaning equipment. 28. The City, or its designate, shall provide snow removal services for the parking lot, sidewalks, walkways and all other areas of pedestrian passage on the Premises after the end of a snow event; The City reserves the right, in its sole discretion, to cancel any facility operating dates and times due to any emergency, inclement weather, snow accumulation or ice conditions. 29. (1) The City shall be responsible for all inspections and preventative maintenance and replacement at its sole discretion, to with respect to: (a) HVAC equipment; (b) Electrical systems (c) water supply, treatment, and septic systems 6 (d) plumbing system and fixtures (e) roofs; (f) exterior cladding; (g) doors and hardware (h) parking lots; and (i) lawn care, landscaping, and pest control. (2) The Club shall be responsible for any damages or costs incurred due to the misuse or negligence of the Club, its employees, invitees, servants, agents, or others under its control and the Club shall pay to the City on demand the expense of any repairs including the City’s reasonable administration charge necessitated by such negligence or misuse. 30. The Club shall immediately notify the City of any unsafe conditions on the Premises. Security 31. The Club shall be responsible for the security of the Premises. The Club will ensure that no copies of the keys to the Premises are made or given to third parties (even temporarily) without the prior written consent of the City. Only Club representatives that have signed for keys with the City, or parties granted written consent by the City, will be authorized to be in possession of keys to the Premises. 32. Any keys provided to the Club must be returned to the City immediately upon request. Alterations/Improvements to Premises 33. The Club shall not make alterations or additions to the Premises without prior written consent of the Director. Any such pre-approved alterations, additions or fixtures shall be at the sole cost and expense of the Club and shall be added to the City’s inventory of fixtures and shall form part of the City’s property. The Club acknowledges that is has no claim to any such alteration, addition, or fixture upon termination of this Agreement. Article VI Insurance and Indemnity Insurance 34. The Club, at its sole cost and expense, shall take out and keep in full force and effect throughout the Term: 7 (a) insurance upon property owned by it which is located on the Premises; and, (b) commercial general liability insurance pertaining to the Club's liability to others in respect of injury, death or damage to property occurring upon, in or about the Premises,. Such insurance to be of an amount not less than two million dollars ($2,000,000.00) for claims per occurrence. Such policy shall also name the City as an additional named insured, shall contain a cross-liability clause and may not be cancelled unless prior notice by registered letter has been given to the City by the insurer 30 days in advance of the expiry date. 35. Prior to the Commencement Date, the Club shall file with the City a Certificate of Insurance in a form satisfactory to the City Treasurer, verifying that the commercial general liability insurance policy is in effect and setting out the essential terms and conditions of the insurance. 36. The provision of the insurance policy required by this section shall not relieve the Club from liability for claims not covered by the policy or which exceed its limits, if any, for which the Club may be held responsible. 37. The Club is responsible for insuring all of its own property including any property owned by any other party and which is brought to the Premises. 38. The Club shall not do, omit to do, or permit anything to be done that causes any insurance premium of the City to be increased, and if any insurance premium shall be so increased, the Club shall pay to the City forthwith upon demand the amount of such increase. If notice of cancellation or lapse shall be given respecting any insurance policy of the City or if any insurance policy shall be cancelled or refused to be renewed by the insurer by reason of the use of occupation of the Premises, the Club shall forthwith remedy or rectify such use or occupation upon being required to do so in writing by the City and if the Club shall fail to do so the City may, at its option, terminate this Agreement forthwith by notice to the Club and the Club shall immediately vacate the Premises. Liability and Indemnification 39. The Club shall indemnify, defend and and save harmless the City, its directors, officers, employees, elected officials, agents, contractors and representatives from and against any and all actions, losses, damages, claims, costs and expenses (including, without limiting the generality of the foregoing all claims for personal injury, death, and/or property damage and also damages arising from an breach of this Agreement by the Club or from any act or omission of the Club or those for whom the Club is at law responsible) in or around the Premises arising from the Club’s use and occupation of the Premises pursuant to this 8 Agreement. This provision shall survive the expiration of earlier termination of this Agreement. The City shall not be liable for any loss or damage to any property belonging to the Club or to any persons or for any injury or death to any person while such person or property is on the Premises, unless such loss, damage or injury is caused directly by the wilful misconduct or negligence of the City, or those for whom the City is at law responsible. This provision shall survive the expiration or earlier termination of this Agreement.) Article VII Remedies on Default City's Right to Re-Enter 40. The City reserves the right to re-enter the Premises at any time for any reason without notice. The City will provide reasonable notice if it deems practical to do so based on its sole discretion. City's Right to Remedy Default 41. In addition to all other remedies the City may have under this Agreement and in law, if the Club is in default of any of its obligations under this Agreement, and such default has continued for a period of ten (10) days after receipt of notice by the Club (or such longer period as the City deems may be reasonably required in the circumstances to cure such default, except in an emergency where the City will not be required to give notice), the City, without prejudice to any other rights which it may have with respect to such default, may remedy such default and the Club shall be responsible for all such costs. Waiver 42. No condoning, excusing or overlooking by the City of any default, breach or non-observance by the Club at any time or times in respect of any covenant, obligation or agreement under this Agreement shall operate as a waiver of the City’s rights hereunder in respect of any continuing or subsequent default, breach or non-observance, or so as to defeat or affect in any way the rights of the City in respect of any such continuing or subsequent default or breach, and no waiver shall be inferred from or implied by anything done or omitted by the Club save only an express waiver in writing. 9 Article VIII General Operations Signs 43. The Club shall not exhibit or allow to be exhibited on the exterior of the Premises any sign, notice, noticeboard, painting, design or advertisement without the prior written consent of the City. Internal signs can be erected within the Premises that include notices, program information, and advertising that relate to the programs and services offered by the Club. All such signs shall be removed from the Premises at the end of the Term. Compliance with Laws 44. The Club, at its sole cost and expense, shall comply with all legal requirements (including statutes, laws, by-laws, regulations, ordinances, orders, rules and regulations of every governmental authority having jurisdiction) that relate to the use of the Premises by the Club or the making of any improvements to the Premises by the Club. 45. This Agreement shall enure to the benefit of and be binding upon the parties and their respective successors (including any successor by reason of amalgamation or statutory arrangement) and permitted assigns. 46. The Club hereby agrees to keep the title to the Premises, including every part thereof, free and clear of any lien, encumbrance or security interest or notice thereof. The Club shall not enter into any agreements for the Premises which would run with the Premises and become an obligation of the City upon termination or expiration of this Agreement General 48. (1) The Club shall, (a) operate the Club on the days outlined in Schedule A of this Agreement; (b) be responsible for all day-to-day operating expenses and program related equipment and supplies (c) obtain all necessary licenses and approvals that may be required in connection with the operation of the Club’s programs; (d) ensure that games of chance, lottery, or gambling in any form, contrary to law is strictly forbidden; and, 10 (e) maintain the Premises in a clean, sanitary and attractive condition satisfactory to the City throughout the Term and, at the end of the Term, repair or replace any damage to the Premises and save and except reasonable wear and tear, at its sole cost and expense. The Club shall leave the Premises in the same state in which they were at the commencement of the Term. (2) The City shall provide, (a) all necessary electrical power, heat and other utilities; and (b) The City assumes no responsibility to the Club and shall not be liable for any loss or damage incurred by the Club arising from temporary or unavoidable interruption of the supply of electrical power, heat, or other utilities due to any cause whatsoever. The City shall use reasonable diligence to restore any such services whenever they are interrupted. 50. The City shall not be liable for any damages caused by any delay or failure to perform the whole or any part of this Agreement, where such performance is made impossible or impractical due to any cause direct or indirect, beyond the control of the City, including, but not limited to, labour disruptions, strikes, lockouts, fire, flood, storms, acts of nature, natural disasters, acts of war, insurrection and terrorism, outbreak, pandemic, epidemic, disease or emergency. 51. The Club shall not have the right to register this Agreement or notice thereof against title to the Premises or any part thereof. 52. This Licence and any information or documents that are provided hereunder may be released pursuant to the provisions of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.M.56, as amended. This acknowledgement shall not be construed as a waiver of any right to object to the release of this Licence or of any information or documents. 53. The Club covenants and agrees to advise all members of the Club that the City is not the provider of the program and that all associated activities are provided solely by the Club. 11 Notice 54. Any notice to the City under the Licence shall be in writing and shall be delivered to the following address: Pickering Civic Complex One the Esplanade Pickering, Ontario, L1V 6K7 Attention: City Clerk 55. Any notice of the Club under this Licence shall be in writing and shall be delivered to the following address: Claremont Golden Age Seniors Club 1761 Joseph Street Pickering, Ontario, L1Y 1B5 Attention: Club President 56. Notice shall be sufficiently given if delivered in person or sent by registered mail during normal business hours on a business day. 57. Each notice sent shall be deemed to have been received on the day it was delivered or on the third (3rd) business day after it was mailed. 58. The parties may change their address for notice by giving notice to the other in the manner provided in this Section. 59. No amendment to this Licence shall be effective unless it is in writing and signed by both parties, except for the hours outlined in Schedule A which may be altered at any time as per clause 10. 12 In Witness Whereof the parties have executed this Licence Agreement as of the date first written. The Corporation of the City of Pickering ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk Claremont Golden Age Seniors Club ________________________________ Barbara Twiner, President I have the authority to bind the Club and am also signing in my personal capacity. ________________________________ Linda Lusted, Treasurer I have the authority to bind the Club and am also signing in my personal capacity. Attachment 2 to Report CS 16-26 Lease Licence Agreement This Lease Licence is made as of the 1st day of July, 20216. Between: Formatted: Not Highlight Formatted: English (United States) The Corporation of the City of Pickering (the "City") - and - Claremont Golden Age Seniors Club (the "Club") Whereas the City is the owner of Dr. Nelson F. Tomlinson Community Centre located at 4941 Old Brock Road, Claremont, ON L1Y 1A9; Whereas the Claremont Golden Age Seniors Club wishes to use the Program Room for the purpose of operating their community program; and, Whereas the City is prepared to grant a licence to the Club to permit non-exclusive use of the Program Room and washrooms located in the Community Centre for such purpose; Now therefore the parties agree as follows: Article I Interpretation Definitions 1. In this LeaseAgreement, (a) "Commencement Date": means July 1, 20216; (b) "LeaseLicence Agreement": means this lease agreement as it may be amended from time to time; Formatted: English (United States) Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Not Highlight Formatted: Font: Bold Formatted: List Paragraph, No bullets or numbering, Tab stops: Not at -1"(b)(c) Licence Fee: the fee(s) payable pursuant to Section 21; Formatted: Font: Bold Formatted: Font: Bold (c) "Premises": means that portion of thethe Seniors Club (Program Room) within Claremont Community CentreDr. Nelson F. Tomlinson Community Centre located at 4941 Old Brock Road, in the City of Pickering, Regional Municipality of Durham as Schedule B; considered to be the Claremont Seniors Centre composed of the first floor seniors activity room and 2 storage room therein as shown on Schedule “A” attached hereto, located at 4941 Old Brock Road, in the City of Pickering, Regional Municipality of Durham; Formatted: Indent: Hanging: 0.5", Numbered + Level: 2 + (d) (d) "Rent" means the rent payable pursuant to Section 21; and (e) "Term": means the term of this Lease Licence Agreement as set out in Section 189; Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left +Aligned at: 0.75" + Tab after: 1" + Indent at: 1" Formatted: List Paragraph, No bullets or numbering, Tab stops: Not at -1" Formatted: Font: Bold Formatted: List Paragraph, No bullets or numbering, Tab stops: Not at -1" Formatted: Font: Bold (f) Director: .the Director of the Community Services Department or a designate; (g) Community Programs: all activities related to the delivery of the Claremont Golden Age Seniors Club, and the use of all equipment; (e)(h) Club: the Claremont Golden Age Seniors Club is an unincorporated Club it is agreed and understood that when the term “Club” is used in this Agreement it means the unincorporated Club and all its members in their capacity as individuals. Formatted: List Paragraph, No bullets or numbering, Tab stops: Not at -1" Formatted: Font: Bold Headings 2. The division of this Lease Licence Agreement into articles, sections, subsections and schedules and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this LeaseAgreement. Schedule 3. Schedule “AB” (City’s Alcohol Management PolicyClub Program/Activity Schedule) and Schedule “BC” (City’s Conditions of AgreementDr. Nelson F. Tomlinson Community Centre layout – Seniors Club Room) are incorporated into and form part of this LeaseAgreement. The Clubs use of the Premises shall be in accordance with Schedules A and B. Severability 4. All of the provisions of this Lease Licence Agreement are to be construed as covenants even where not expressed as such. If any such provision is held to be or rendered invalid, unenforceable or illegal, then it shall be considered separate and severable from this Lease Agreement and the remaining provisions of this Lease Agreement shall remain in force. Formatted: Tab stops: 0.5", Left Formatted: Tab stops: 0.5", Left 3 Number 5. Wherever a word importing the singular number only is used in this LeaseAgreement, such word shall include the plural. Words importing either gender or firms or corporations shall include the other gender and individuals, firms or corporation where the context so requires. Governing Law 6. This Lease Agreement shall be governed by, and interpreted and enforced in accordance with, the laws in force in the Province of Ontario. Entire Agreement 7. This Lease Agreement constitutes the entire agreement between the parties concerning the Premises and may only be amended or supplemented by an aAgreement in writing signed by both parties and is a renewal of lease agreement for which the previous term was from July 1, 2016 to June 30, 2021. Article II Grant and Use Grant 8. In consideration of the performance by the Club of its their obligations under this LeaseAgreement, the City leases is granting a non-exclusive Licence the Premises to the Club to use the Premises for the purpose described herein. The Club acknowledges that this Agreement does not create an interest in the Licenced Premises, nor does the Club claim any past or present interest, howsoever arising, as a result of or connected in any way with the use of the Licenced Premises for its use during the Term. Club Use of Premises 9. The Premises shall be used only for non-profit functions organized by the Club and not by not-for-profit organizations or other organizations pre-approved in writing by the Coty, including, charity events or non-commercial receptions of the Club at its expense and for no other purpose without the prior written consent of the City which consent may be arbitrarily withheld. The Premises shall not be used for the delivery of programs, services, activities or events which are directly or indirectly in competition with those offered by the City of Pickering.. 10. The Club’s is only permitted to use of the Premises during the hours of 9:00 am to 5:00 pm Monday to Sunday. Club hours of use are outlined in Schedule A and are attached to this Agreement shall be in accordance with the City’s Alcohol Formatted: Tab stops: 0.5", Left Formatted: Tab stops: 0.5", Left Formatted: Tab stops: 0.5", Left Formatted: Tab stops: 0.5", Left Formatted: Tab stops: 0.5", Left 4 Management Policy (Schedule “B”) and Conditions of Agreement (Schedule “C”). The Club may alter hours of use with written notice to the City during the operating hours of the facility. Club requests outside of facility operating hours are subject to the approval of the Director, or a designate. Formatted: List Paragraph, No bullets or numbering, Tab stops: Not at 0.75"10.11. The City reserves the right, in its sole discretion, to alter the operating schedules and the City will not be responsible for any losses or damage including any lost revenues and/or expenses incurred by the Club due to operating schedule changes and/or Premises closure, for any reason whatsoever. Nuisance 11.12.The Club shall not carry on any activities or do or suffer any act or thing that constitutes a nuisance, or which is offensive or an annoyance to the City. City Use of Premises Takes Priority 12.13.Subject to section 9, tThe City shall always have right of first refusal to use the Premises for its own purposes as required and, in such instancesinstances, shall give the Club reasonable notice of its intention to use the Premises to minimize and avoid any scheduling conflicts. The City’s needs shall take priority. The Club shall not be entitled to any rental fees or other remuneration associated with the use of the Premises by the City. The City shall ensure the Premises are cleaned after such use should it occur. Assignment and Subletting 13.14.The Club shall not assign this Lease Licence or sublet all or any portion of the Premises without the prior written consent of the CityDirector, which consent may be arbitrarily withheld. Licences 15. The Club shall hold an Annual General Meeting (AGM) in each calendar year of the Term. 14.16.The Club may not grant Llicences to other third parties to use the Premises. 15.17.The Club shall submit their annual year endyear-end financial statement and membership list (to include names and municipality of residence) to the City by October 1st of each year of the Term. 16.18.The Club shall submit an annual calendar of events or Club activities to the City by December October 1st of the previouseach year of the Term. Formatted: Tab stops: 0.5", Left Formatted: Tab stops: 0.5", Left Formatted: Tab stops: 0.5", Left Formatted: Tab stops: 0.5", Left Formatted: Indent: Left: 0.5", No bullets or numbering Formatted: Tab stops: 0.5", Left Formatted: Tab stops: 0.5", Left Formatted: Tab stops: 0.5", Left 5 17.19.The Club shall submit a list of the Club Board of Directors to the City by October 1st of each year of the Term. Article III Term Term 20. The term of this Lease Licence Agreement shall be five (5) years from the Commencement Date to June 30, 203126. 21. Notwithstanding anything else contained herein, this Agreement may be terminated by either party for any reason upon three months’ notice to the other in writing. 18.22. Upon expiry or earlier termination of this Agreement, the Club’s right to use the Premises shall terminate and all the rights of the Club under this Agreement shall terminate (but the Club shall, notwithstanding such expiry or termination, be liable to the City for any loss or damage suffered by the City by reason of any default of the Club of its obligations hereunder). Formatted: Tab stops: 0.5", Left Formatted: Tab stops: 0.5", Left Formatted: Indent: Left: 0.5", No bullets or numbering Formatted: Tab stops: 0.5", Left Formatted: List Paragraph, No bullets or numbering Formatted: Tab stops: 0.5", Left Formatted: Tab stops: 0.5", Left Formatted: French (France) Formatted: French (France) Formatted: Tab stops: 0.5", Left 19.23. The City may terminate this Lease at any time for any reason provided it has given the Club six (6) months prior noticeIf the City terminates this Agreement pursuant to Section 20, the City will not be liable to the Club for any damage or loss occasioned thereby. Overholding 20. If the Club remains in possession of the Premises after the expiry of the Term, there shall be no tacit renewal of this Lease or the Term, notwithstanding statutory provisions or legal presumption to the contrary, and the Club shall be deemed to be occupying the Premises from month to month upon the same terms, covenants and conditions as are set forth in this Lease insofar as they are applicable to a monthly tenancy. Article IV RentLicence Fee RentLicence Fee 21.24.The Club shall pay to the City as rent a Licence Fee for the entire the Term in lawful money of Canada the sum of One (1) Dollar ($1.00). 6 Gross Lease 22. The City acknowledges that this is a gross lease and agrees to pay all charges, impositions and outlays of every nature and kind relating to the Premises except as expressly set out in this Lease. Article V Maintenance, Repairs and Alterations Maintenance of Premises 25. Subject to the oblifagationsobligations of the City pursuant to Sections 27 and 29(1), Tthe Club shall maintain and operate the Premises so that they the Premises shall always be of good appearance and suitable for the proper operation of the Premises. 23.26. The Club shall ensure that the emergency exits are kept free from obstruction and debris in the case of a fire. 24. The Club CituCity shall provide general maintenance services (i.e. cleaning, vacuuming, minor/cosmetic upgrades/supplies) to the Premises at its expense and shall provide all necessary cleaning and maintenance supplies such as cleaning products, related paper products and cleaning equipment. Formatted: Tab stops: 0.5", Left Formatted: English (United Kingdom) Formatted: Indent: Left: 0.5", No bullets or numbering Formatted: Tab stops: 0.5", Left Formatted: Tab stops: 0.5", Left Formatted: Indent: Left: 0", Numbered + Level: 1 + 25.27.The City, or its designate, shall be responsible for all day-to-day operating expenses including garbage removal and furniture/appliance life cycle replacement. The Club shall not be responsible for utilities. 26.28.The City, or its designate, shall provide snow removal services for the parking lot, sidewalks, walkways and all other areas of pedestrian passage on the Premises after the end of a snow event; The City reserves the right, in its sole discretion, to cancel any facility operating dates and times due to any emergency, inclement weather, snow accumulation or ice conditions. 29. (1) Subject to subsection (2), tThe City shall be responsible for all inspections and preventative maintenance and replacement at its sole discretion, to wwithwith respect to: (a) the heatingHVAC equipment;, Formatted: List Paragraph, No bullets or numbering, Tab stops: Not at 0.5" Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Tab after: 0.75" + Indent at: 0.75", Tab stops: 0.5", Left + Not at 0.75" Formatted: Tab stops: 0.5", Left Formatted: Tab stops: 0.5", Left (b) Electrical systems (c) water supply, treatment, and septic systems (d) plumbing system and fixtures (e) roofs; (f) exterior cladding; (g) doors and hardware Formatted: Indent: First line: 0" 7 (h) parking lots; and (i) lawn care, landscaping, and pest controltransformer, parking lot, lights and exterior grass cutting and landscaping. 27. (2) The Club shall be responsible for any damages or costs incurred due to the misuse or negligence of the Club, its employees, invitees, servants, agents, or others under its control and the Club shall pay to the City on demand the expense of any repairs including the City’s reasonable administration charge necessitated by such negligence or misuse. 28.30.The Club shall immediately notify the City of any unsafe conditions on the Premises. Security 31. The Club shall be responsible for the security of the Premises. The Club will ensure that no copies of the keys to the Premises are made or given to third parties (even temporarily) without the prior written consent of the City. Only Club representatives that have signed for keys with the City, or parties granted written consent by the City, will be authorized to be in possession of keys to the Premises. 29.32. Any keys provided to the Club must be returned to the City immediately upon request. Alterations/Improvements to Premises 30.33. The Club shall only be permitted tonot make alterations or additions to the Premises without prior written consent of the City’s Director, Community Services or a designate. Any such pre-approved alterations, additions or fixtures shall be at the sole cost and expense of the Club and shall be added to the City’s inventory of fixtures and shall form part of the City’s property. The Club acknowledges that is has no claim to any such alteration, addition, or fixture upon termination of this Agreement.and improvements to the Premises that have been approved by the City. Article VI Insurance and Indemnity Club's Insurance 31.34.The Club, at its sole cost and expense, shall take out and keep in full force and effect throughout the Term maintain:, Formatted: Indent: Left: 1", No bullets or numbering Formatted: Tab stops: 0.5", Left Formatted: Tab stops: 0.5", Left Formatted: English (United Kingdom) Formatted: Indent: Left: 0.5", No bullets or numbering Formatted: Tab stops: 0.5", Left Formatted: Tab stops: 0.5", Left Formatted: Tab stops: 0.5", Left 8 (a) insurance upon property owned by it which is located on the Premises; and, (b) commercial general liability insurance pertaining to the Club's liability to others in respect of injury, death or damage to property occurring upon, in or about the Premises, and includes coverage for abuse insuranceand tenants legal liability. Such insurance to be of an amount which is reasonable and sufficient having regard to the scope of the risk and the current practice of prudent owners of similar premises for the carrying on of similar businesses, but in any event in an amount not less than two million dollars ($2,000,000.00) for claims arising out of oneper occurrence. Such policy shall also name the City as an additional named insured, shall contain a cross liabilitycross-liability clause and may not be cancelled unless prior notice by registered letter has been given to the City by the insurer 30 days in advance of the expiry date. 32.35.Prior to the Commencement Date, the Club shall file with the City a Certificate of Insurance in a form satisfactory to the City Treasurer, verifying that the commercial general liability insurance policy is in effect and setting out the essential terms and conditions of the insurance. 36. The provision of the insurance policy required by this section shall not relieve the Club from liability for claims not covered by the policy or which exceed its limits, if any, for which the Club may be held responsible. 33.37. The Club is responsible for insuring all of its own property including any property owned by any other party and which is brought to the Premises. Insurance Risks Formatted: Tab stops: 0.5", Left Formatted: Tab stops: 0.5", Left Formatted: English (United Kingdom) Formatted: List Paragraph, No bullets or numbering Formatted: Tab stops: 0.5", Left Formatted: Tab stops: 0.5", Left 34.38. The Club shall not do, omit to do, or permit anything to be done or omitted to be done upon ththat causes Premises anything that may contravene or be prohibited by any of the City's insurance policies in force from time to time covering or relevant to any part of the Premises or which would prevent the City from procuring its policies with companies acceptable to the City. If the conduct of business in the Premises or any acts or omissions of the Club on the Premises causes or results in any insuranceincrease in premiums for any of the City to be increased, and if any insurance premium shall be so increased, the Club shall pay to the City forthwith upon demand the amount of such increase. If notice of cancellation or lapse shall be given respecting any insurance policy of the City or if any insurance policy shall be cancelled or refused to be renewed by the insurer by reason of the use of occupation of the Premises, the Club shall forthwith remedy or rectify such use or occupation upon being required to do so in writing by the City and if the Club shall fail to do so the City may, at its option, terminate this Agreement forthwith by notice to the Club and the Club shall immediately 9 vacate the Premises's insurance policies, the Club shall pay such increase to the City. Liability and Indemnification 39. Each of the City and Tthe Club shall indemnify, defend and and save harmless the other City, its directors, officers, employees, elected officials, agents, contractors and representatives from and against any and all actions, losses, damages, claims, costs and expenses (including, without limiting the generality of the foregoing all claims for personal injury, death, and/or property damage and also damages arising from an breach of this Agreement by the Club or from any act or omission of the Club or those for whom the Club is at law responsible) in or around the Premises arising from the Club’s use and occupation of the Premises pursuant to this Agreement. This provision shall survive the expiration of earlier termination of this Agreement. Formatted: Tab stops: 0.5", Left Formatted: Indent: Left: 0.5", No bullets or numbering The City shall not be liable for any loss or damage to any property belonging to the Club or to any persons or for any injury or death to any person while such personsuch person or property is on the Premises, unless such loss, damage or injury is caused directly buby the wilful misconduct or negligence of the City, or those for whom the City is at law responsible. This provision shall survive the expiration or earlier termination of this Agreement.solicitors' fees on a solicitor and client basis) to which the party being indemnified shall or may become liable by reason of any breach, violation or non-performance by the party so indemnifying of any covenant, term or provision of this Lease or by reason of any damage, injury or death occasioned to or suffered by any person or persons including the City or the Club, as the case may be, or any property by reason of any wrongful act, neglect or default on the part of the party so indemnifying or any of those persons for whom it is in law responsible. For greater certainty, the limitation of liability set out above in this section does not extend to claims, losses or damages resulting in whole or in part from the gross negligence or wilful misconduct of the party claiming indemnification, its employees or those for whom it is in law responsible. Article VII Remedies on Default City's Right to Re-Enter 40. If any amount payable to tThe City under this Lease shall remain unpaid for fifteen (15) days after the Club has received notice thereof, then it shall be lawful for the City at any time thereafter to re-enter the Premises.reserves the right to re-enter the Premises at any time for any reason without notice. The City will Formatted: Indent: Left: 0.5" Formatted: No bullets or numbering Formatted: Indent: Left: 0.5", Tab stops: Not at 3.25" Formatted: Tab stops: 0.5", Left 10 provide reasonable notice if it deems practical to do so based on its sole discretion. 35. City's Right to Remedy Default 36.41. In addition to all other remedies the City may have under this Lease Agreement and in law, if the Club is in default of any of its obligations under this LeaseAgreement, and such default has continued for a period of ten (10) days after receipt of notice by the Club (or such longer period as may be reasonablythe City deems may be reasonably required in the circumstances to cure such default, except in an emergency where the City will not be required to give notice), the City, without prejudice to any other rights which it may have with respect to such default, may remedy such default and the Club shall be responsible for all such costs. Waiver Formatted: Indent: Left: 0.5", No bullets or numbering Formatted: Tab stops: 0.5", Left Formatted: Tab stops: 0.5", Left 37.42. No condoning, excusing or overlooking by the City of any default, breach or non-observance by the Club at any time or times in respect of any covenant, obligation or agreement under this Lease Agreement shall operate as a waiver of the City’s rights hereunder in respect of any continuing or subsequent default, breach or non-observance, or so as to defeat or affect in any way the rights of the City in respect of any such continuing or subsequent default or breach, and no waiver shall be inferred from or implied by anything done or omitted by the Club save only an express waiver in writing. Article VIII MiscellaneousGeneral Operations Quiet Enjoyment 38. The City shall permit the Club to peaceably possess and enjoy the Premises during the Term without any interference from the City, or any person lawfully claiming by, from or under the City provided the Club is not in default. Right of Entry 39. The Club agrees to permit the City and authorized representatives of the City to enter the Premises during normal business hours for the purpose of inspecting the Premises. The City shall use its best efforts to minimize the disruption to the Club's use of the Premises during any such entry. Signs 11 43. The Club shall not exhibit or allow to be exhibited oan the exterior of the Premises any sign, notice, noticeboard, painting, design or advertisement without the prior written consent of the City. Internal signs can be erected within the Premises that include notices, program information, and advertising that relate to the programs and services offered by the Club. All such signs shall be removed from the Premises at the end of the Term. 40. The Club may only erect signs on the Premises with the City’s prior approval. All such signs shall be removed from the Premises at the end of the Term. Compliance with Laws 41.44.The Club, at its sole cost and expense, shall comply with all legal requirements (including statutes, laws, by-laws, regulations, ordinances, orders, rules and regulations of every governmental authority having jurisdiction) that relate to the use of the Premises by the Club or the making of any improvements to the Premises by the Club. Notice Any notice required to be given by the City to the Club under this Lease shall be in writing and shall be delivered to the Premises or such other address of which the Club has notified the City in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. 45. This Agreement shall enure to the benefit of and be binding upon the parties and their respective successors (including any successor by reason of amalgamation or statutory arrangement) and permitted assigns. 42. 46. Any notice required to be given by tThe Club hereby agrees to keep the title to the Premises, including every part thereof, free and clear of any lien, encumbrance or security interest or notice thereof. The Club shall not enter into any agreements for the Premises which would run with the Premises and become an obligation of the City upon termination or expiration of this Agreement 43. the City under this Lease shall be in writing and shall be delivered to The Corporation of the City of Pickering, Pickering Civic Complex, One The Esplanade, Pickering, Ontario (Attention: City Clerk) or such other address of which the City has notified the Club in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. Successors and Assigns Formatted: Indent: Hanging: 0.75", Tab stops: 0.5", List tab + Not at 0.75" Formatted: Indent: Left: 0.5", No bullets or numbering Formatted: Indent: Left: 0.5", No bullets or numbering Formatted: Tab stops: 0.5", Left Formatted: Indent: Left: 0.5", No bullets or numbering Formatted: Tab stops: 0.5", Left Formatted: Don't hyphenate, Tab stops: -0.5", Left Formatted: Tab stops: 0.5", Left Formatted: List Paragraph, No bullets or numbering 12 44. This Lease shall enure to the benefit of and be binding upon the parties and their respective successors (including any successor by reason of amalgamation or statutory arrangement) and permitted assigns. General 498. (1) The Club shall, Formatted: Font: Not Bold Formatted: Font: Not Bold (a) operate the Club on the days outlined in Schedule A of this Agreement; (b) be responsible for all day-to-day operating expenses and program related equipment and supplies (c) obtain all necessary licenses and approvals that may be required in connection with the operation of the Club’s programs; (d) ensure that games of chance, lottery, or gambling in any formsform, contrary to law is strictly forbidden; and, (e) maintain the Premises in a clean, sanitary and attractive condition satisfactory to the City throughout the Term and, at the end of the Term, repair or replace any damage to the Premises and save and except reasonable wear and tear, at its sole cost and expense. The Club shall leave the Premises in the same state in which they were at the commencement of the Term. (2) The City shall provide, (a) all necessary electrical power, heat and other utilities; and (b) The City assumes no responsibility to the Club and shall not be liable for any loss or damage incurred by the Club arising from temporary or unavoidable interruption of the supply of electrical power, heat, or other utilities due to any cause whatsoever. The City shall use reasonable diligence to restore any such services whenever therethey are interrupted. 50. The City shall not be liable for any damages caused by any delay or failure to perform perform the whole or any part of this Agreement, where such performance is made impossible or impractical due to any cause direct or indirect, beyond the control of the City, including, but not limited to, labour disruptions, strikes, lockouts, fire, flood, storms, acts of nature, natural disasters, acts of war, insurrection and terrorism, Formatted: Indent: Left: 1", Hanging: 0.5", Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 1" + Indent at: 1.25" Formatted: Indent: Left: 1", Hanging: 0.5" Formatted: List Paragraph, Line spacing: single, No bullets or numbering, Tab stops: Not at 0.5" + 1" + 1.5" + 2" + 7.38" Formatted: Indent: Left: 1", Hanging: 0.5" Formatted: List Paragraph, Line spacing: single, No bullets or numbering, Tab stops: Not at 0.5" + 1" + 1.5" + 2" + 7.38" Formatted: Indent: Left: 1", Hanging: 0.5" Formatted: List Paragraph, Line spacing: single, No bullets or numbering, Tab stops: Not at 0.5" + 1" + 1.5" + 2" + 7.38" Formatted: Indent: Left: 1", Hanging: 0.5" Formatted: List Paragraph, Line spacing: single, No bullets or numbering, Tab stops: Not at 0.5" + 1" + 1.5" + 2" + 7.38" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1.25", No bullets or numbering Formatted: Indent: Left: 1", Hanging: 0.5" Formatted: List Paragraph, Line spacing: single, No bullets or numbering, Tab stops: Not at 0.5" + 1" + 1.5" + 2" + 7.38" Formatted: Indent: Left: 0.06", Hanging: 0.5", Tab stops: 0.56", Left Formatted: Indent: Left: 0", Hanging: 0.5" 13 outbreak, pandemic, epidemic, disease or emergency. 51. The Club shall not have the right to register this Agreement or notice thereof against title to the Premises or any part thereof. 52. This Licence and any information or documents that are provided hereunder may be released pursuant to the provisions of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.M.56, as amended. This acknowledgement shall not be construed as a waiver of any right to object to the release of this Licence or of any information or documents. 53. The Club covenants and agrees to advise all members of the Club that the City is not the provider of the program and that all associated activities are provided solely by the Club. Notice 54. Any notice to the City under the Licence shall be in writing and shall be delivered to the following address: Pickering Civic Complex One the Esplanade Pickering, Ontario, L1V 6K7 Attention: City Clerk 55. Any notice of the Club under this Licence shall be in writing and shall be delivered to the following address: Claremont Golden Age Seniors Club 1761 Joseph Street Pickering, Ontario, L1Y 1B5 Attention: Club President Formatted: Indent: Left: 0", Hanging: 0.5" Formatted: Indent: Left: 0", Hanging: 0.5", Tab stops: 0.25", Left + 0.63", Left Formatted: Indent: Left: 0.5" Formatted: Font: Bold Formatted: Indent: Left: 0", Hanging: 0.5" Formatted: Indent: First line: 0.5" Formatted: Indent: Left: 0", Hanging: 0.5", Tab stops: Not at 1" Formatted: Indent: First line: 0.5" ________________________________ ________________________________ 14 56. Notice shall be sufficiently given if delivered in person or sent by registered mail during normal business hours on a business day. 57. Each notice sent shall be deemed to have been received on the day it was delivered or on the third (3rd) business day after it was mailed. 58. The parties may change their address for notice by giving notice to the other in the manner provided in this Section. 59. No amendment to this Licence shall be effective unless it is in writing and signed by both parties, except for the hours outlined in Schedule A which may be altered at any time as per clause 10. Schedules 45. Schedules “A”, “B” and “C” attached hereto form part of this Agreement. In Witness Whereof the parties have executed this LeaseLicence Agreement as of the date first written. The Corporation of the City of Pickering David RyanKevin Ashe, Mayor Debbie ShieldsSusan Cassel, City Clerk Formatted: Indent: Left: 0", Hanging: 0.5" Formatted: Indent: Left: 0", Hanging: 0.5" Formatted: Superscript Formatted: Indent: Left: 0", Hanging: 0.5" Formatted: Indent: Left: 0", Hanging: 0.5" Formatted: Font: Not Bold Formatted: Indent: Left: 0", First line: 0" Formatted: Indent: First line: 0" Formatted: Font: Bold Formatted: Indent: Left: 3.5", First line: 0" ________________________________ ________________________________ 15 Claremont Golden Age Seniors Club Linda LustedBarbara Twiner, President I have the authority to bind the Club and am also signing in my personal capacity. Barb TranLinda Lusted, Treasurer I have the authority to bind the Club and am also signing in my personal capacity. Formatted: Font: Bold Formatted: Indent: Left: 3.5"