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HomeMy WebLinkAboutCS 21-26 Report to Council Report Number: CS 21-26 Date: July 23, 2026 From: Laura Gibbs Director, Community Services Subject: Licence Agreement for the use of space at Centennial Park Between the City of Pickering and the Pickering Ajax Italian Social Club File: A-1440-001 Recommendation: 1. That Report CS 21-26 regarding the Licence Agreement for use of space at Centennial Park between the City of Pickering and the Pickering Ajax Italian Social Club be received; 2. That the Mayor and City Clerk be authorized to execute the Licence Agreement with the Pickering Ajax Italian Social 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 a Licence Agreement with the Pickering Ajax Italian Social Club (the “Club”) for a five-year term beginning on June 1, 2026, and ending on May 30, 2031. The City of Pickering is committed to maintaining a strong partnership with the Club and supporting their contributions to the community by renewing a non-exclusive five-year Licence Agreement. This Agreement permits the use of space at Centennial Park including four bocce courts for the purpose of operating their Club activities. The Club has operated programs and activities in the portable building and on the bocce courts at Centennial Park 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 21-26 July 23, 2026 Page 2 2.0 Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priorities of Advocate for an Inclusive, Welcoming, Safe & Healthy Community; Strengthen Existing & Build New Partnerships; and Foster an Engaged & Informed Community. 3.0 Financial Implications: The maintenance and upkeep of the park is already undertaken by the City and the Club pays for annual lighting fees. As such, there are no additional costs resulting from the approval of this Licence Agreement. The conditions of the Licence Agreement require that the Club pay the City $1.00 for the term of the agreement. Additionally, the Agreement requires the Club to pay the City annual charges for the bocce courts on site for hydro use. This amount shall be paid on or before April 1st in each year of the Term. Annual charges are subject to the General Municipal Fees By- Law. The Pickering Ajax Italian Social Club generate a revenue from activities that occur within the licenced premises. The Club is required to provide a financial summary of their activities to the City by February 1st annually. The Club’s 2025 financial statement confirms a starting balance of $24,193.73 and reports total expenses of $24,157.28 and total revenues of $14,633.28. Their closing balance as of January 1, 2026, was $14,668.73. 4.0 Discussion: The purpose of this report is to execute the Licence Agreement with the Club beginning on June 1, 2026, and ending on May 30, 2031. 4.1 Background of the Pickering Ajax Italian Social Club The Pickering Ajax Italian Social Club is a community hub for members of the Italian community in Pickering and Ajax and has been located at Centennial Park for over 20 years. The Club focuses on fostering social connections and physical health for its members, specifically Pickering and Ajax. The Club offers social and recreational opportunities which include bocce, afternoon socials and potlucks. The Club offers a friendly, local setting for members to remain active and engaged in the community and is a key social resource. CS 21-26 July 23, 2026 Page 3 The Club has a total of 80 active members. They host league play three times per week on Monday, Wednesday, and Fridays from approximately 7:00 pm – 10:00 pm beginning in mid- May through until early October. In addition to their game schedule, they host various other annual club activities, including two social events (Summer Picnic and Corn Roast), Park Spring Clean-up, Dinner & Dance (off site), and Christmas Potluck. They host their Annual General Meeting each year in February. Pickering Ajax Italian Social Club – Schedule of Events 2026 Date Activity Time Wednesday, January 14 Elections Wednesday, February 18 Annual General Meeting 7:30 pm Saturday, April 25 – Sunday, April 26 Spring Clean up **Weather permitting 1:00 pm – 4:00 pm Wednesday, May 13 Bocce Summer League Starts 7:00 pm – 10:00 pm Friday, May 15 Bocce Summer League 7:00 pm – 10:00 pm Monday, May 25 Bocce Summer League 7:00 pm – 10:00 pm Wednesday, June 17 General Meeting 7:30 pm Sunday, July 12 Summer Picnic 10:00 am – 6:00 pm Wednesday, September 2 General Meeting 7:30 pm Sunday, September 13 Corn Roast 10:00 am – 6:00 pm Friday, October 2 Bocce Summer League last Friday 7:00 pm – 10:00 pm Monday, October 5 Bocce Summer League last Monday 7:00 pm – 10:00 pm Wednesday, October 7 Bocce Summer League ends 7:00 pm – 10:00 pm Friday, October 16 Dinner Dance Belvue Manor, Vaughan Wednesday, November 11 General Meeting 7:30 pm November 11 – December 31 Nominations for Vice President & Membership Chair Sunday, December 6 Christmas Potluck 3:00 pm Wednesday, January 13, 2027 Club Elections 7:30 pm 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. The following notable changes have been made to this Agreement: CS 21-26 July 23, 2026 Page 4 a. Standardized language: The agreements wording has been updated to align with similar Licence Agreements for consistency; b. Licence Format: the document now reflects a Licence Agreement rather than a lease, ensuring accurate representation of space usage; c. Annual General Meeting: a requirement to hold an Annual General Meeting has been added; d. Termination Notice: the termination notice period has been reduced from six months to three months for either party; and, e. Overholding Clause: The overholding provision has been removed. Updates to the Licence Agreement continue to provide the same level of access to the premises that the Club had in the previous agreement. Staff recommend that a Licence Agreement be executed with the Club to permit the operation of their community program within Centennial Park as outlined in Attachment 1. The proposed Agreement will be for a term commencing June 1, 2026, and ending on May 30, 2031. Attachments: 1. Pickering Ajax Italian Social Club Licence Agreement – Clean Version 2. Pickering Ajax Italian Social Club Licence Agreement – Track Changes Prepared By: Kim Bradley, Special Advisor, Community Services 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 21-26 Licence Agreement This Licence is made as of the 1st day of June 1, 2026 Between: The Corporation of the City of Pickering (the "City") -and - Pickering Ajax Italian Social Club (the "Club") Whereas the City is the owner of Centennial Park located at 2250 Brock Road, Pickering, ON, L1X 2C6; Whereas the Pickering Ajax Italian Social Club wishes to supply and use a portable building, kitchenette and external storage room, as well the bocce courts for the purpose of operating their community program; and, Whereas the City is prepared to grant a Licence to the Club to permit exclusive use of the portable building, kitchenette and external storage room, as well as non-exclusive use of the bocce courts at Centennial Park for such purpose. Now therefore the parties agree as follows: Article I Interpretation Definitions 1.In this Lease, (a)"Commencement Date" means June 1, 2026; (b)"Licence Agreement" this agreement as it may be amended from time totime; (c)Licence Fee: the fee payable pursuant to Section 21; (d)"Premises" means that portion of the Centennial Park comprising of theportable building (Club House), the kitchenette and external storage room;and, the outdoor grounds which include 4 Bocce Courts as shown on 2 Schedule “A” attached hereto, located at 2250 Brock Road, in the City of Pickering, Regional Municipality of Durham; and, (e) "Term" the Term of this Agreement as set out in Section 19. 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” site map is incorporated into and forms part of this Agreement. Severability 4. All 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. 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. 3 Article II Grant and Use Grant 8. In consideration of the performance by the Club of its obligations under this Agreement, the City is granting a non-exclusive Licence to the Club to use the Bocce Courts and Washroom Facilities and an exclusive licence for use of the Club House 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 or other community organizations pre-approved in writing by the City, including small gatherings, meetings and 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 or 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 when the Premises are open to the public (Parks By-Law). The Club is required to use the Premises within the same operating hours as the Premises’ operating schedules, which schedules shall be approved by the City from time to time. 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. (a) The Club shall not carry on any activities, do, or suffer any act or thing that constitutes a nuisance or which is offensive or an annoyance to the City. (b) The Club may not sell, give away or in any manner dispense alcoholic beverages to any person. No alcoholic beverages will be permitted on the Premises. City Use of Premises Takes Priority 12. The City shall always have the right to use the Premises, save and except the portable building, 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 4 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 13. The Club shall not assign this Licence without the prior written consent of the Director, which consent may be arbitrarily withheld. Licences 14. The Club shall hold an Annual General Meeting (AGM) in each calendar year of the Term. 15. The Club may not grant licences to other third parties to use the Premises. 16. The Club shall submit an annual calendar ) of Club activities to the City by February 1st of each year of the Term. 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 February 15th of each year of the Term. 18. The Club shall submit a list of their Board of Directors and their contact information to the City by February 15th of each year of the Term. Article III Term Term 19. The term of this Licence Agreement shall be five (5) years from the Commencement Date to May 31, 2031. 20. Notwithstanding anything else contained herein, this Agreement may be terminated by either party upon three (3) months prior notice to the other in writing. 21. Upon expiry or early termination of this agreement the Clubs rights to use the licenced premises shall be terminated 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. Upon expiry or early termination, the Club shall be responsible to remove their property, including the portable building, stairs and storage room at their expense within a 90-day period. 5 Article IV Licence Fee Licence Fee 22. 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). Utilities 23. The club shall pay annual charges for the on-site bocce courts for hydro use. This amount shall be paid on or before April 1st in each year of the Term. Annual charges are subject to the General Municipal Fees By-law. Article V Maintenance, Repairs and Alterations Maintenance of Premises 24. The Club shall maintain and operate the Premises so that the Premises shall always be of good appearance and suitable for the proper operation. 25. The club shall provide general maintenance services (cleaning, 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 related to the portable building, the storage room, the kitchenette and to the area inside the fence largely comprised of the Bocce courts. 26. The Club shall be responsible for the portable building in its entirety, at its expense and shall keep it in good repair. The Club shall be responsible for all day- to-day operating expenses, including but not limited to, garbage removal from the facility. 27. The Club shall have use of the washrooms for its members for events held between November 1 to April 30 each year and the Club shall be responsible for cleaning during this time. 28. The club shall be responsible for winter maintenance to the stairs, accessibility ramp and the pathway from the parking lot to the kitchenette and the portable building at their sole expense and liability when used by the club or its members in the winter season from November 1 to April 30. 6 29. The City, or its designate, shall be responsible for all day-to-day maintenance and maintenance expenses including garbage removal, washroom maintenance from May 1 to October 31, benches, fencing, plumbing, picnic shelter, asphalt pathways, parking lot and the washroom building. 30. The City shall provide snow removal services for the parking lot only. 31. (1) Subject to subsection (2), the City shall be responsible for all inspections and preventative maintenance and replacement at its sole discretion with respect to: (a) HVAC equipment; (b) Water supply and plumbing; (c) Electrical transformer, parking lot, portable building lights; and, (d) Lawn care and exterior grass cutting and landscaping to the park area. (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. 32. The Club shall immediately notify the City of any damage or unsafe conditions on the Premises. Security 33. The Club shall be responsible for the security of the Premises. The Club will ensure that no copies of the keys are provided to third parties (even temporarily) without prior written consent of the City. Only Club representatives that have signed for the keys with the City, or parties granted written consent by the City, will be authorized to be in possession of keys to the Premises. The Club will provide the City with copies of the keys for maintenance and inspection access. Alterations/Improvements to Premises 34. The Club shall not make alterations or additions to the Premises without prior written consent of the Director 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 it has no claim to any such alteration, addition or fixture upon termination or expiration of this Agreement. 7 Article VI Insurance and Indemnity Insurance 35. The Club, at its sole cost and expense, shall take out and keep in full force and effect through the Term, (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 tenants’ legal liability. Such insurance to be of an amount not less than five million dollars ($5,000,000.00) for claims per occurrence and shall contain a cross-liability clause. Such policy shall also name the City as an additional named insured 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. 36. 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. 37. 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. 38. 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. 39. The Club shall not do or omit, or permit anything to be done that causes any insurance premium to the City to be increased, and if any insurance premium shall be so increased, the Club shall pay to the City forth with 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 options, terminate the Agreement forthwith by notice to the Club and the Club shall immediately vacate the Premises. 40. The City shall not be liable for any loss or damage to any property belonging to the club or to any other persons or for any injury or death to any person while 8 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 early termination of this agreement. Indemnification 41. The Club shall indemnify 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 any 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 of the Premises pursuant to this Agreement. The City shall not be liable for any loss or damage to any property belonging to the Club or to any other persons or for injury 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 in 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 42. 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 43. 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. 9 Waiver 44. 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. Article VIII General Operations Signs 45. 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 City’s prior written consent. 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 46. 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. 47. 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. 48. The Club hereby agrees to keep 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 49. The Club shall, 10 (a) Operate the Club in the space(s) 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 licences and approvals that may be required in connection with the operation of Club program(s); (d) Ensure that games of chance, lottery, or gambling in any form(s) contrary to law is strictly forbidden; (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 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; (f) The City shall provide all necessary electrical power, heat and other utilities; and, (g) 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 or 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, visitors, and guests 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 this Licence shall be in writing and shall be delivered to the following address : Pickering Civic Complex One the Esplanade Pickering, ON L1V 6K7 Attention: City Clerk 55. Any notice to the Club under this Licence shall be in writing and shall be delivered to the following address: Pickering Ajax Italian Social Club 2250 Brock Road Pickering, ON, L1X 2R2 Attention: John Conte 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 of such new address in witing and delivering it to the other party. 59. No amendment to this Licence shall be effective unless it is in writing and signed by both parties. Schedules 60. Schedule “A” attached hereto form part of this Agreement. __________________________________ __________________________________ __________________________________ ________________________________ 12 In Witness Whereof, the parties have executed this Lease. The Corporation of the City of Pickering Kevin Ashe, Mayor Susan Cassel, City Clerk Pickering Ajax Italian Social Club Giovanni Conte, President I have the authority to bind the Club. Filomena Tomei, Treasurer I have the authority to bind the Club. BR O C K RO A D DR I V E DU B E R R Y CENTENNIAL PARK P-008 PARK INFO. BOCCE COURTS PORTABLE BUILDING WASHROOM BUILDING (SEE ENLARGEMENT) PARKING LOT WASHROOM BUILDING KITCHENETTE TOILETS TOILETS UT I L I T Y SHELTER BASEBALL DIAMOND PLAYGROUND STORAGE SCHEDULE "A" TOILETS TOILETS WASHROOM BUILDING KITCHENETTE STORAGE U T I L I T Y WASHROOM BUILDING TOILETS TOILETS WASHROOM BUILDING KITCHENETTE STORAGE U T I L I T Y Attachment 2 to Report CS 21-26 Lease Licence Agreement This Lease Licence is made as of the 1st day of June 1, 20212026 Between: The Corporation of the City of Pickering (the "City") - and - Formatted: English (United States) Pickering Ajax Italian Social Club (the "Club") Whereas the City is the owner of Centennial Park located at 2250 Brock Road, Pickering, ON, L1X 2C6; Whereas the Pickering Ajax Italian Social Club wishes to supply and use thea portable building, kitchenette and external storage room, as well the bocce courts 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 portable building, kitchenette and external storage room, as well as non-exclusive use of the bocce courts at Centennial Park for such purpose.; Now therefore the parties agree as follows: Formatted: English (United States) Article I Interpretation Definitions 1.In this Lease, (a)"Commencement Date" means June 1, 20212026; (b)"LeaseLicence Agreement" means this lease agreement as it may be amended from time to time; (b)(c) Licence Fee: the feerent payable pursuant to Section 21; and (c)(d) "Premises" means that portion of the Centennial Park comprising of the pPortable building (Club House), the Ktitchenettekitchenette and external Formatted: List Paragraph, No bullets or numbering, Tab stops: Not at -1" Formatted: Font color: Black 2 sStorage rRoom; and, the outdoor grounds which include 4 Bocce Courts as shown on Schedule “A” attached hereto, located at 2250 Brock Road, in the City of Pickering, Regional Municipality of Durham; and, (d) "Rent" means the rent payable pursuant to Section 21; and (e) "Term" means the Tterm of this Lease Agreement as set out in Section 189. 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 Lease.Agreement. Schedule 3. Schedule “A” site map is incorporated into and forms part of this LeaseAgreement. 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. 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 Aagreement between the parties concerning the Premises and may only be amended or supplemented by an Aagreement in writing signed by both parties. 3 Formatted: Centered Formatted: Not Highlight Article II Grant and Use Grant 8. In consideration of the performance by the Club of its obligations under this LeaseAgreement, the City leases is granting a non-exclusive Licence to the Club to use the Bocce Courts and Washroom Facilities and an exclusive licence for use of the Club HousePremises to the Club for its use during the Termfor 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 non-profit functions organized by the Club or other community organizations pre-approved in writing by the City, including small gatherings, meetings and non commercialnon-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 or programs, services, activities or events which are directly or indirectly in competition with those offered by the City of Pickering. , 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. Formatted: Indent: Left: 0.5", No bullets or numbering 9.10. The Club is only permitted to use the Premises when the Premises are open to the public (Parks By-Law). The Club is required to use the Premises within the same operating hours as the Premises’ operating schedules, which schedules shall be approved by the City from time to time. 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 10.11. (a) The Club shall not carry on any activities, do, or suffer any act or thing that constitutes a nuisance or which is offensive or an annoyance to the City. Formatted: Indent: Left: 0", Hanging: 1" 4 (b) The Club may not sell, give away or in any manner dispense alcoholic beverages to any person. No alcoholic beverages will be permitted on the Premises. City Use of Premises Takes Priority 11.12.Subject to section 11, theThe City shall always have first the right of refusal to use the Premises, save and except the portable building, which are non-exclusive (bocce courts and washrooms) 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 and Subletting 12.13.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 14. The Club shall hold an Annual General Meeting (AGM) in each calendar year of the Term. Formatted: Indent: Left: 0.5", Hanging: 0.5" Formatted: Indent: Left: 0.5", No bullets or numbering 13.15. The Club may not grant licences to other third parties to use the Premises. 14.16. The Club shall submit an annual calendar (February 1 to January 31) of Club activities to the City by February 1st of each year of the Term. 15.17. The Club shall submit their annual year-end financial statement and membership list (to include names and municipality of residence) to the City by February 15th of each year of the Term. 16.18. The Club shall submit a list of their Board of Directors and their contact information to the City by February 15th of each year of the Term. Article III Term Term 17.19.The term of this Lease Licence Agreement shall be five (5) years from the Commencement Date to May 31, 202316. 5 20. The City mayNotwithstanding anything else contained herein, this Agreement may be terminated this Leaseby either party at any time for any reason provided it has given the Clubupon three six (36) months prior notice to the other in writing. 18.21. Upon expiry or early termination of this agreement the Clubs rights to use the licenced premises shall be terminated 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. Upon expiry or early termination, the Club shall be responsible to remove their property, including the portable building, stairs and storage room at their expense within a 90 day90-day period. Over holding 19. 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 Formatted: List Paragraph, No bullets or numbering Formatted: French (France) Formatted: French (France) 20.22.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). Utilities 21.23. The club shall pay $200.00 plus HST in annual charges for the on-site bBocce cCourts lighting for hydro use. This amount shall be paid on or before April 1st in each year of the Term. Annual charges are subject to the General Municipal Fees By-law. 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. Formatted: Superscript 6 Article V Maintenance, Repairs and Alterations Maintenance of Premises 23.24. The Club shall maintain and operate the Premises so that they Premises shall always be of good appearance and suitable for the proper operation of the Premises. 24.25. The club shall provide general maintenance services (cleaning, minor/cosmetic upgrades/supplies) to the Ppremises at its expense and shall provide all necessary cleaning and maintenance supplies such as cleaning products, related paper products and cleaning equipment related to the portable building, the storage room, the kitchenette and to the area inside the fence largely comprised of the Bocce courts. 25.26. The Club shall be responsible for the portable building in its entirety, at its expense and shall keep it in good repair. The Club shall be responsible for all day- to-day operating expenses, including but not limited to, garbage removal from the facility. 26.27. The cClub shall have use of the washrooms for its members for events held between November 1 to April 30 each year and the Cclub shall be responsible for cleaning during this time. 27.28.The club shall be responsible for winter maintenance to the stairs, accessibility ramp and the pathway from the parking lot to the kKitchenette and the Pportable building at their sole expense and liability when used by the club or its members in the winter season from November 1 to April 30. 28.29. The City, or its designate, shall be responsible for all day-to-day operating expensesmaintenance and maintenance expenses including garbage removal, washroom maintenance from May 1 to October 31, benches, fencing, plumbing, picnic shelter, asphalt pathways, parking lot and the washroom building. 29.30. The City shall provide snow removal services for the parking lot only. 31. (1) Subject to subsection (2), the City shall be responsible for all inspections and preventative maintenance and replacement at its sole discretion with respect to: (a) HVAC equipment; to the heating equipment (b) Water supply and , plumbing; (c) Electrical , transformer, parking lot, portable building lights; and, Formatted: Indent: Hanging: 0.5" Formatted: List Paragraph, No bullets or numbering, Tab stops: Not at 0.5" Formatted: Indent: First line: 0" 7 30.(d) Lawn care and, and exteriorand exterior grass cutting and landscaping to the park area. (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. 31.32. The Club shall immediately notify the City of any damage or unsafe conditions on the Premises. Security 32.33. The Club shall be responsible for the security of the Premises. The Club will ensure that no copies of the keys are provided to third parties (even temporarily) without prior written consent of the City. Only Club representatives that have signed for the keys with the City, or parties granted written consent by the City, will be authorized to be in possession of keys to the Premises. The Club will ensure that keys are provided to the City with copies of the keys for maintenance and inspection access. Alterations/Improvements to Premises 33.34. The Club shall not only be permitted to make alterations or additions to the Premises without prior written consent of the Director 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 it has no claim to any such alteration, addition or fixture upon termination or expiration of this Agreement and improvements to the Premises that have been approved by the City. Article VI Insurance and Indemnity Club's Insurance 34.35. The Club, at its sole cost and expense, shall take out and keep in full force and effect through the Termmaintain,, (a) insurance upon property owned by it which is located on the Premises; and, Formatted: Indent: Left: 1", Hanging: 0.5", Tab stops: 1.5", List tab + Not at 1" 8 (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 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 five twofive million dollars ($525,000,000.00) for claims arising out of oneper occurrence and shall contain a cross liabilitycross-liability clause. Such policy shall also name the City as an additional named insured 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. 35.36. 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. 37. 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. 36.38. 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 39. The Club shall not do or, omit to do, or permit to be done or omittedanything to be done upon the 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 increase insurance premiums for any ofto the City's insurance policies, the Club shall pay such to be increased, and if any insurance premium shall be so increased, the Club shall pay to the City forth with upon demand the amount of such increase. to the City. 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 options, terminated the Agreement forthwith by notice to the Club and the Club shall immediately vacate the Premises. Formatted: Not Highlight Formatted: Not Highlight Formatted: List Paragraph, No bullets or numbering Formatted: Font color: Auto, English (United Kingdom) Formatted: List Paragraph, No bullets or numbering 9 37.40. The City shall not be liable for any loss or damage to any property belonging to the club or to any other 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 early termination of this agreement. Indemnification 38.41.Each of the City and tThe Club shall indemnify 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) solicitors' fees on a solicitor and client basis) to which the party being indemnified shall or may become liable by reason of anyand also damages arising from any breach of this Agreement, violation or non-performance by the party so indemnifying of any covenant, term or provision of this Lease or by reason of any damageby the Club, 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 responsibleor 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 of the Premises pursuant to this Agreement. The City shall not be liable for any such For greater certainty, the limitation of liability set out above in this section does not extend to claims, losses or damages to any property belonging to the Club or to any other persons or for injury to any person while such person or property is on the Premises, unless such loss, damage or injury is caused directly by the resulting in whole or in part from the gross negligence or wilful misconduct or negligence of the party City claiming indemnification, its employees or those for whom the City it is in 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 39.42. 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.If any amount payable to the 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. Formatted: Font color: Black 10 City's Right to Remedy Default 40.43.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 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 41.44. 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 AgreementLease 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 42. The City shall permit the Club to peaceably possess and enjoy the Premises during the Term and during facility operating hours without any interference from the City, or any person lawfully claiming by, from or under the City provided the Club be not in default. Right of Entry 43. 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 44.45. The Club 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 Termnot exhibit or allow to be exhibited on the exterior of the Premises, any sign, notice, noticeboard, painting, design or advertisement without the City’s prior written consent. 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 46. 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. 47. This Agreement shall enure to the benefit of and be bouinding upon the parties and their respective successors including any successor by reason of amalgamation or statutory arrangement and permitted assigns. 48. The Club hereby agrees to keep 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 49. T(1) the Club shall, (a) Operate the Club in the space(s) 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 licences and approvals that may be required in connection with the operation of Club program(s); and (d) Ensure that games of chance, lottery, or gambling in any form(s) contrary to law is strictly forbidden;. (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 save and except reasonable Formatted: Indent: Left: 0.5", No bullets or numbering Formatted: List Paragraph, No bullets or numbering, Don't keep with next, Don't keep lines together Formatted: Indent: Left: 0", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Tab after: 0.75" + Indent at: 0.75", Keep with next, Keep lines together, Tab stops: Not at 0.75" Formatted: Font: Not Bold, Font color: Auto Formatted: Indent: Hanging: 0.5" Formatted: Indent: Hanging: 0.5" Formatted: Indent: Hanging: 0.5" Formatted: Indent: Hanging: 0.5" Formatted: Indent: Hanging: 0.5" 12 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;. (a) (a) The City shall provide all necessary electrical power, heat and other utilities; and, (f) (g) (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 asor 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 or any right to object to the release of this Licence or of any information or documents. 45.53. The Club covenants and agrees to advise all members, visitors, and guests 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 required to be given byto the City to the Club under this Licence Lease shall be in writing and shall be delivered to the Premises or such otherfollowing 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: Pickering Civic Complex One the Esplanade Pickering, ON L1V 6K7 Formatted: Indent: Hanging: 0.5", Tab stops: 1", Left + Not at 0.75" Formatted: Indent: Hanging: 0.5", Space After: 12 pt, Tab stops: 1", Left Formatted: Indent: Left: 0.5", No bullets or numbering Formatted: Don't keep with next, Don't keep lines together Formatted: Font color: Black Formatted: Indent: Left: 0.5", No bullets or numbering 13 Attention: City Clerk 46. . 55.Any notice required to be given by the Club to the City under this Lease Licence 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.the following address: Pickering Ajax Italian Social Club 2250 Brock Road Pickering, ON, L1X 2R2 Attention: John Conte 47. 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 of such new address in witing and delivering it to the other party. 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. Successors and Assigns 48. 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. Schedules 60. Schedules “A” attached hereto form part of this Agreement. 49. Formatted: Indent: Left: 0.5", No bullets or numbering Formatted: Not Expanded by / Condensed by Formatted: Indent: Left: 0.5", No bullets or numbering Formatted: Indent: First line: 0.5" Formatted: No bullets or numbering Formatted: No bullets or numbering __________________________________ 14 In Witness Whereof, the parties have executed this Lease. The Corporation of the City of Pickerii ng Formatted: Font: Bold Formatted: Indent: Left: 2.5" Formatted: Indent: Left: 2.5" David RyanKevin Ashe, Mayor __________________________________ __________________________________ ________________________________ 15 Susan Cassel, City Clerk Pickering Ajax Italian Social Club Insert NameGiovanni Conte, TitlePresident I have the authority to bind the Club. Insert NameFilomena Tomei, TitleTreasurer I have the authority to bind the Club. Formatted: Indent: Left: 2.5" Formatted: Indent: Left: 2.5" Formatted: Indent: Left: 2.5" Formatted: Indent: Left: 3" Formatted: Indent: First line: 0" Formatted: Indent: Left: 2.5" BR O C K RO A D DR I V E DU B E R R Y CENTENNIAL PARK P-008 PARK INFO. BOCCE COURTS PORTABLE BUILDING WASHROOM BUILDING (SEE ENLARGEMENT) PARKING LOT WASHROOM BUILDING KITCHENETTE TOILETS TOILETS UT I L I T Y SHELTER BASEBALL DIAMOND PLAYGROUND STORAGE SCHEDULE "A" TOILETS TOILETS WASHROOM BUILDING KITCHENETTE STORAGE U T I L I T Y WASHROOM BUILDING TOILETS TOILETS WASHROOM BUILDING KITCHENETTE STORAGE U T I L I T Y