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HomeMy WebLinkAboutCR 04-15 °0 Report to „' �' Executive Committee PI KERING Report Number: CR 04-15 Date: June 8, 2015 From: Marisa Carpino Director, Culture & Recreation Subject: Community Association Lease Agreements - Northern Community Centres - File: A-1440-001-15 Recommendation: 1. That Report CR 04-15 regarding Community Association Lease Agreements be received; 2. That the Mayor and City Clerk be authorized to execute the Lease Agreement with Brougham Recreation Association set out in Attachment 1 to this Report, subject to minor revisions acceptable to the Director, Culture & Recreation and the Director, Corporate Services & City Solicitor; 3. That the Mayor and City Clerk be authorized to execute the Lease Agreement with Greenwood Recreation Association set out in Attachment 2 to this Report, subject to minor revisions acceptable to the Director, Culture & Recreation and the Director, Corporate Services & City Solicitor; 4. That the Mayor and City Clerk be authorized to execute the Lease Agreement with Mt. Zion Community Centre Association set out in Attachment 3 to this Report, subject to minor revisions acceptable to the Director, Culture & Recreation and the Director, Corporate Services & City Solicitor; 5. That the Mayor and City Clerk be authorized to execute the Lease Agreement with Whitevale & District Residents' Association set out in Attachment 4 to this Report, subject to minor revisions acceptable to the Director, Culture & Recreation and the Director, Corporate Services & City Solicitor; and 6. That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect thereto. Executive Summary: On April 22, 2014, Council approved Resolution #224/14 authorizing staff to prepare written facility agreements with community associations that operate City owned facilities to be brought back to Council for consideration and approval. 10 CR 04-15 June 8, 2015 Subject: Community Association Lease Agreements Page 2 As such, staff have prepared draft lease agreements for the Brougham Recreation Association to continue to operate the Brougham Hall, Greenwood Recreation Association to continue to operate the Greenwood Community Centre, Mt. Zion Community Centre Association to continue to operate the Mt. Zion Community Centre, and Whitevale & District Residents Association to continue to operate Whitevale Community Centre. The Culture & Recreation Department recommends that the Lease Agreements included as Attachments 1, 2, 3 and 4 be initiated for a five year term beginning July 1, 2015 and ending June 30, 2020. Financial Implications: The City of Pickering would continue to fund general maintenance costs of these northern facilities such as utilities, water treatment systems, septic systems and snow removal for the parking lot which is approximately $11,000 annually for Brougham Hall, $21,000 annually for Greenwood Community Centre, $10,600 annually for Mt. Zion Community Centre and $8,000 annually for Whitevale Community Centre, which are reflected annually in the Culture & Recreation current budgets. Not included in these costs are capital projects that vary year-to-year depending on their need. The respective community association would continue to fund the day-to-day costs to operate these community facilities, which is often but not always offset by the nominal rental revenues generated through facility permits. Discussion: On April 22, 2014, Council approved Resolution #224/14 authorizing staff to prepare written facility agreements with community associations that operate City owned facilities to be brought back to Council for consideration and approval. As such, staff have prepared draft lease agreements for the Brougham Recreation Association to continue to operate the Brougham Hall, Greenwood Recreation Association to continue to operate the Greenwood Community Centre, Mt. Zion Community Centre Association to continue to operate the Mt. Zion Community Centre, Whitevale & District Residents Association to continue to operate the Whitevale Community Centre, for a five year period beginning July 1, 2015 and ending June 30, 2020 respectively. Staff have consulted with the community associations in the. preparation of their respective draft lease agreement and have collected their endorsement of the document. These associations have successfully operated the respective community centres for the City of Pickering for the past several years under a verbal facility agreement. Under the terms and conditions of the draft lease agreements, these associations are responsible for the day-to-day maintenance and operating expenses of the premises which includes caretaking, general supplies, garbage removal and snow 'removal on all CORP0227-07/01 revised 11 CR 04-15 June 8, 2015 Subject: Community Association Lease Agreements Page 3 sidewalks, walkways and other areas of pedestrian passage of the respective community centres, as applicable. They are also required to maintain 2 million of general liability insurance. As per the draft lease agreement, these associations will continue to book the premises for non-profit functions, charity events, receptions and any other City approved purpose, receiving 100% of the rental fees. The City of Pickering is responsible for utilities, water treatment systems, septic systems, snow removal for the parking lot and capital upgrades. More detailed information regarding community centre activities as well as community association responsibilities and costs are as follows: Brougham Recreation Association provides the Brougham Hall at no cost to a local church group for special events, Boy Scouts for annual sleep over and Backwoods Players for theatrical productions. The Brougham Hall is permitted for a fee for various private functions such as showers, anniversaries and Christmas parties. The association is responsible to clean the facility at their expense and coordinates all facility rentals, keeping 100% of rental revenue which totals $3,050 in 2014. The annual expenses of the Brougham Recreation Association totals $2,014 in 2014 and included cleaning supplies, cleaning services, equipment replacement and insurance. Greenwood Recreation Association uses the Greenwood Community Centre to host a variety of community events such as Summer Kick Off BBQ, Greenwood Skating Party, Greenwood Fling Dance and Christmas Pot Luck. The association permits the facility for a fee to a Karate group and for various private rentals that includes Act One School of Drama, Valley View School and filming.. The association is responsible to clean the facility at their expense and coordinates all facility rentals, keeping 100% of rental revenue which totals $4,575 in 2014. The association received a further$2,100 through the Karate program in 2014 and $330 through Tennis Memberships. The annual expenses of the Greenwood Recreation Association totals $8,184 in 2014 and included cleaning supplies, cleaning services, community events and insurance. Mt. 'Zion Community Centre Association use the community centre to host association meetings. They also provide free use of the community centre when the activity is for community use (i.e. craft and bake sale, funeral). The facility is permitted for a fee for various private functions such as bridal showers, baby showers and business meetings. . The association is responsible to clean the facility at their expense and coordinates all facility rentals, keeping 100% of rental revenue which totals $870 in 2014. The annual expenses of the Mt. Zion Community Centre Association totals $1,368 in 2014 and included cleaning services and insurance. CORP0227-07/01 revised 12 • CR 04-15 June 8, 2015 Subject: Community Association Lease Agreements Page 4 Whitevale & District Residents Association uses the Whitevale Community Centre to host their regular association meetings and a.variety of community events such as the Whitevale Spring Festival, Whitevale Fisherman's Breakfast, Summer Solstice Community BBQ and Whitevale Christmas Craft Show. The association also permits the facility for a fee for filming, Seaton Trail Race, scout groups and private rentals. The association is responsible to clean the facility at their expense and coordinates all facility rentals, keeping 100% of rental revenue which totals $2,005 in 2014. The association also generated approximately $6,054 in revenues from their 2014 Whitevale Spring Festival. The annual expenses of the Whitevale & District Residents Association totals $5,515 in 2014 and included cleaning supplies, cleaning services, community events and insurance. These long standing community associations have operated the respective community centres on behalf of the City for the past several years under a verbal agreement. During this time, they have maintained and operated these municipally owned facilities in a diligent and conscience manner that has satisfied the City. Their contributions relieve the City of Pickering from the responsibility and cost of managing the day-to-day activities, permitting and cleaning of the facility, while still providing access to valuable facility space for the local community. In return for their efforts, these community organizations aim to generate nominal net revenues and have the opportunity to access free, local, facility space to sustain and support their association's activities. As a result, the Culture & Recreation Department recommends that a Lease Agreement be initiated for the Brougham Recreation Association to continue to operate the Brougham Hall in the form included as Attachment 1, Greenwood Recreation Association to continue to operate the Greenwood Community Centre in the form included as Attachment 2, Mt. Zion Community Centre Association to continue to operate the Mt. Zion Community Centre in the form included as Attachment 3, and Whitevale & District Residents Association to continue to operate the Whitevale Community Centre in the form included as Attachment 4, for a five year term beginning July 1, 2015 and ending June 30, 2020 respectively. Attachments: 1. Draft License Agreement with Brougham Recreation Association for Brougham Hall. 2. Draft Licence Agreement with Greenwood Recreation Association for Greenwood Community Centre. 3. Draft Licence Agreement with Mt. Zion Community Centre Association for Mt. Zion Community Centre. . 4. Draft Licence Agreement with Whitevale & District Residents Association for Whitevale Community Centre. 5. Location Map of Brougham Hall. CORP0227-07/01 revised 13 CR 04-15 June 8, 2015 Subject: Community Association Lease Agreements Page 5 6. Location Map of Greenwood Community Centre: 7. Location Map of Mt. Zion Community Centre. 8. Location Map of Whitevale Community Centre. Prepared/Approved/Endorsed By: Marisa Carp' o Director, Culture & Recreation :mc s' Recommended for the consideration of Pickering City Council 614J Tony Prevedel, P.Eng. Chief Administrative Officer CORP0227-07/01 revised 14 ATTACHMENT# TCREPORT# - Lease Agreement This Lease is made as of the 1st day of July, 2015. Between: The Corporation of the City of Pickering (the "City") - and - Brougham Recreation Association (the "Association") Article I Interpretation Definitions 1. • In this Lease, (a) "Commencement Date" means July 1, 2015; (b) "Lease".means this lease as it may be amended from time to time; (c) "Premises" means the entire facility known as Brougham Hall in the City of Pickering, Regional Municipality of Durham; (d) "Rent" means the rent payable pursuant to Section 21; and (e) "Term" means the term of this Lease as set out in Section 18. Headings 2. The division of this Lease 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. • 15 2 Schedule 3. Schedule "A" (City's Alcohol Management Policy) and Schedule "B" (City's Conditions of Agreement) are incorporated into and form part of this Lease. Severability 4. All of the provisions of this Lease 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 and the remaining provisions of this Lease shall remain in force. Number 5. Wherever a word importing the singular number only is used in this Lease, 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 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 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 Association of its obligations under this Lease, the City leases the Premises to the Association for its use during the Term. • Association Use of Premises 9. The Premises shall be used only for functions by not-for-profit organizations, other organizations pre-approved in writing by the City, charity events, non= cornmercial receptions and for no other purpose without the prior written consent of the City which consent may be arbitrarily withheld. 16 1 3 10. The Association's use of the Premises shall be in accordance with the City's Alcohol Management Policy (Schedule "A") and Conditions of Agreement (Schedule "B"). Nuisance 11. The Association 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 12. The City shall have first right of refusal to use the Premises. The Association shall not be entitled to any rental fees or other remuneration associated with the use of the Premises by the City. Assignment and Subletting • 13. Subject to section 14, the Association shall not assign this Lease or sublet all or any portion of the Premises without the prior written consent.of the City, which consent may be arbitrarily withheld. Licences. 14. The Association may grant licences to licensees.approved in writing by the City to use the Premises provided, (a) the term of the licence does not exceed one (1) month; (b) the licensee agrees to comply with sections 9 and 10 of this Lease; and (c) The Association agrees that it shall only charge such fees for the rental of the Premises at the rate that is approved by the City from time to time. The City and the Association shall establish the approved rental fee rate yearly throughout the Term. 15. The Association shall retain 100% of all licence fees recovered for the use of the Premises. . 16. The Association shall submit a written report to the City every four months documenting the source and amount of all licence fees received by the Association for the Premises. 17. The Association shall submit their annual financial statement to the City by February 15th of each year. 17 4 Article Ill Term Term 18. The term of this Lease shall be five (5) years from the Commencement Date to June 30, 2020. 19. This Agreement may be terminated by either party upon six month's notice to the other in writing. Overholding 20. If the Association 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 Association 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 Rent Rent 21. The Association shall pay to the City as rent for the entire Term in lawful money of Canada the sum of One (1) Dollar ($1.00). 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 23. The Association shall maintain and operate the Premises so that they shall always be of good appearance and suitable for the proper operation of the Premises. 18 5 24. The Association shall provide general maintenance services 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. 25. As set out in WHMIS Regulation R.R.O. 1990, Reg. 860, as amended by: O. Reg 36/93 of the Occupational Health and Safety Act, or its successors, the Association shall be responsible to maintain a binder containing safety data sheets for all hazardous products stored or used on the Premises. Said binder must be kept current at all times and available for reference by users of said products. 26. The Association shall be responsible to provide the City with WHMIS training certification of individuals working with cleaning products and/or hazardous materials on the Premises and of Association members working alone or overseeing any maintenance tasks performed on the Premises. 27. The Association shall be responsible to provide the City with: (a) WHMIS training certification of individuals working with cleaning products and/or hazardous materials on the Premises and of Association members working alone or overseeing any maintenance tasks performed on the Premises; and (b) completed Ministry of Labour Health & Safety Awareness Training for Supervisors for those same individuals. 28. The Association shall be responsible for all day-to-day operating expenses including garbage removal. The Association shall not be responsible for utilities. 29. The City shall provide snow removal services for the parking lot. The Association shall be responsible for snow removal on all sidewalks, walkways and all other areas of pedestrian passage on the Premises. 30. (1) Subject to subsection (2), the City shall be responsible for all inspections, • preventative maintenance, and replacement at its sole discretion, with respect to: (a) HVAC equipment; (b) electrical systems (including lighting); (c) water supply, treatment and septic systems; (d) plumbing system and fixtures; (e) roofs; (f) exterior cladding; (g) doors and hardware; (h) parking lots; (i). lawn care, landscaping and pest control. 19 6 (2) The Association shall be responsible for any damages or costs incurred due to the misuse or negligence of the Association, its employees, invitees, servants, agents, or others under its control and the Association 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. The Association shall immediately notify the City of any unsafe conditions on the Premises. Security ' 32. The Association shall be responsible for the security of the Premises. The Association 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 Association representatives that have signed for keys with the City or parties granted written consent by the City, will be authorized to be in the possession of keys to the Premises. 33. Any keys provided to the Association, or its licensees, must be returned to the City upon request. Alterations/Improvements to Premises 34. The Association shall only be permitted to make alterations and improvements to the Premises that have been approved by the City. Article VI Insurance and Indemnity Insurance & Liability 35. (1) The Association, at its sole cost and expense, shall take out and keep in force during the Term: (a) Insurance upon property owned by it which is located on the Premises; (b) Comprehensive insurance of the type commonly called general public liability, which shall include coverage for personal liability, contractual liability, Association's legal liability, non-owned automobile liability, abuse liability, bodily injury, death and property damage, all on an occurrence basis with respect to the Association's use and occupancy of the Premises, with coverage for any one occurrence or claim of not less than $2,000,000, or 20 7 such other amount as the City may reasonably require upon not less than six months notice at any time during the Term, which insurance shall include the City as a named insured and shall protect the.City in respect of claims by the Association as if the City were separately insured; and (c) Insurance against such other perils and in such amounts as the City may from time to time reasonably require upon not less than 90 days written notice, such requirement to be made on the basis , that the required insurance is customary at the time for prudent tenants of similar properties. 36. All insurance required to be maintained by the Association hereunder shall be on Terms and with insurers to which the City has no reasonable objection. Each policy shall contain a waiver by the insurer of any rights of subrogation or indemnity or any other claim over to which the insurer might otherwise be entitled against the City or the agents or employees of the City, and shall also contain an undertaking by the insurer that no material change adverse to the City or the Association will be made, and the policy will not lapse or be cancelled, except after not less than thirty days written notice to the City of the intended change, lapse or cancellation. The Association shall furnish to the City, if and whenever requested by it, certificates or other evidences acceptable to the City as to the insurance from time to time effected by the Association and its renewal or continuation in force, together with evidence as to the method of determination of full replacement cost of the Associations Leasehold Improvements, trade fixtures, furniture and equipment, and if the City reasonably concludes that the full replacement cost has been underestimated, the Association shall forthwith arrange for any consequent increase in coverage required hereunder. If the Association shall fail to take out, renew and keep in force such insurance, or if the evidences submitted to the City pursuant to the preceding sentence are unacceptable to the City or no such evidences are submitted within a reasonable period,after request therefore by the City then the City may give to the Association written notice requiring compliance with this section and specifying the respects in which the Association is not then in compliance with this section. If the Association does not, within 72 hours or such lesser period as the City may reasonably require having regard to the urgency of the situation, provide appropriate evidence of compliance with this section, the City may, but shall not be obligated to, obtain some or all of the additional coverage or other insurance which the Association shall have failed to obtain, without prejudice to any other rights of the City under this Lease or otherwise, and the Association shall pay all premiums and other expenses incurred by the City in that connection as additional rent pursuant to section 21 hereof. 21 _ i 8 • Limitation of City's Liability 37. The City shall not be liable for any bodily injury or death of any person, or loss or damage to any property belonging to the Association or its employees, invitees or licensees or its guests, or to any other person in, on or about the Premises, unless caused by the gross negligence of the City. • Association's Indemnification of City 38. The Association shall indemnify and save harmless the City in respect of: (a) all actions, causes of actions, suits, liens, claims and demands whatsoever, which may arise either directly or indirectly by reason of any act or omission of the Association, its servants, licensees, invitees, members, guests, contractors or agents in the use or occupation of the Premises; (b) any loss, cost, expense or damage suffered or incurred by the City arising from any breach by the Association of any of its covenants and obligations under this Lease; (c) all costs, expenses and reasonable legal fees that may be incurred or paid by the City in enforcing against the Association the covenants, agreements and representations of the Association set out in this Lease. Article VII Remedies on Default City's Right to Re-Enter 39. If any amount payable to the City under this Lease shall remain unpaid for fifteen (15) days after the Association has received notice thereof, then it shall be lawful for the City at any time thereafter to re-enter the Premises. City's Right to Remedy Default 40. In addition to all other remedies the City may have under this Lease and in law, if the Association is in default of any of its obligations under this Lease, and such default has continued for a period of ten (10) days after receipt of notice by the Association (or such longer period as may be reasonably required in the such default, except an emergency where the City will circumstances to cure suc p g y tY 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 Association shall be responsible for all such costs. 22 9 Waiver • 41. No condoning, excusing or overlooking by the City of any default, breach or non-observance by the Association at any time or times in respect of any covenant, obligation or agreement under this Lease 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 Association save only an express waiver in writing. Article VIII Miscellaneous Quiet Enjoyment 42. The City shall permit the Association 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 Association is not in default. Right of Entry 43. The Association agrees to permit the City and authorized representatives of the City to enter the Premises at any time for the purpose of inspecting the Premises. The City shall use its best efforts to minimize the disruption to the Association's use of the Premises during any such entry. Signs 44. The Association 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 45. The Association, 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 Association or the making of any improvements to the Premises by the Association. 23 10 • Notice 46. Any notice required to be given by the City to the Association under this Lease shall be in writing and shall be delivered to the Premises or such other address of which the Association has notified the City in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. 47. Any notice required to be given by the Association to 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 Association in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. 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. • In Witness Whereof the parties have executed this Lease. The Corporation of the City of Pickering • • David Ryan, Mayor Debbie Shields, City Clerk Brougham Recreation Association Gord McGregor, President 24 Schedule A THE CORPORATION OF THE CITY OF PICKERING Engineering & Public Works Department Culture & Recreation Department MUNICIPAL ALCOHOL POLICY December 17, 2014 Purpose The purpose of this policy is to endeavor to ensure the appropriate management of the use and consumption of alcoholic beverages in municipally owned facilities; to avoid related problems and to ensure the . safety and well being of all participants and to protect the Corporation, its employees and volunteers. 1. Definitions In this Policy, the term, (a) "Licensed function" means a function for which a permit has been issued by, or is otherwise licensed by, the Liquor License Board of Ontario at which alcoholic beverages may be consumed; (b) "Closed private licensed function" means a licensed function determined by the Director of Culture and Recreation to be closed to the general public and of a private nature; (c) "Designated facility" means a City owned building, park, open space and associated parking lot designated by this policy as suitable for an indoor or outdoor licensed function; (d) "User" means a person, group or association to whom the City has granted written permission to use a designated facility for a licensed function and; (e) , "Server" means any person serving alcohol 2. Designated Facilities (1) The following are designated facilities for indoor licensed functions: (a) Brougham Community Centre (b) Claremont Community Centre (c) Don Beer Sports Facility Community Centre - (d) East Shore Community Centre (e) Front Street Centre (f) Green River Community Centre (g) Greenwood Community Centre 25 (h) Mount Zion Community Centre (i) Pickering Civic Complex (j) Pickering Recreation Complex (k) Seniors Activity Centre (I) West Shore Community Centre (m) Whitevale Community Centre (n) Petticoat Creek Community Centre (o) Pickering Museum Village (2) The following are designated facilities for outdoor licensed functions: (a) Claremont Community Park (b) Dunmoore Park ' (c) Kinsmen Park (d) Pickering Museum Village 3. Alcohol Restrictions Within Designated Facilities All designated facilities defined in this policy shall be deemed a "public place" and as such, in accordance with Section 31 of the Liquor Licence Act, R.S.O. 1990, c.L. 19, no person shall have or consume or sell liquor in any designated facility unless a licence or permit is issued or unless specifically covered by an L.L.B.O. permit. 4. Safe Transportation (1) Only those users implementing a safe transportation strategy (e.g., a designated driver program, an alternate home transportation option) to prevent intoxicated participants from driving will be permitted to use designated facilities for licensed functions. - • (2) The Director may require a potential user to demonstrate that such a strategy will be implemented by the user if written permission to use the designated facility for a licensed function is granted. 5. No Alcohol and Low Alcohol.Drinks (1) Only users offering a sufficient quantity of no alcohol and low alcohol drinks will be permitted to use designated facilities for . licensed functions. V (2) The Director may require a potential user to demonstrate that such a strategy will be implemented by the user if written permission to use the designated facility for a licensed function is granted. 6. "Statement of Intoxication" Sign 'r (1) Users of designated facilities for licensed functions shall display prominently in the facility a sign or signs indicating that it is illegal to 26 2 serve participants to a state of intoxication. Such signs shall read as follows: City of Pickering — Department of Engineering and Public Works Services— Culture and Recreation Department. Statement of Intoxication It is contrary to the Liquor Licence Act of Ontario to serve persons to intoxication. For this reason, servers in this facility are required to obey the law and not serve anyone to intoxication. Should you wish a no alcohol or low alcohol "breather" round, request a soft drink, coffee or smaller than usual portion of alcohol. (2) Signs shall be provided by the City to users for display by them in the designated facility during the licensed function. 7. Participant Controls V (1) Only users providing sufficient controls to prevent underage, intoxicated or rowdy persons from entering the designated facility, to refuse service to such persons, and to remove such persons from the designated facility will be permitted to use designated facilities for licensed functions. (2) Such controls shall include the following: (a) Having a supervisor in charge of the licensed function present in the designated facility at all times during the function. • (b) Having at least two monitors at each entrance to the licensed function at all-times during the function; (c) Accepting only an age of majority card,.a photo driver's license - or a passport as identification for entry; . • (d) Having a monitor or monitors (other than entrance monitor) in the designated facility at all times during the function at least one monitor for every 200 participants; (e) Using monitors and servers who are 19 years of age or older; (f) Using monitors and servers who do not consume alcohol during the function; and (g) Providing a list of the names of supervisors, monitors and servers to the Director prior to the function. 3 27 (3) The Director may require a potential user to demonstrate that such controls will be imposed by the user if written permission to use the designated facility for a licensed function is granted. 8. Supervisor, Monitor, and Server Training (1) Only users providing sufficient numbers of supervisors, monitors and servers that have attended an appropriate training course in server intervention will be permitted to use designated facilities for licensed functions. V • (2) Such training should utilize CAMH course material, and may be provided, at a reasonable cost, through the Department of Culture and Recreation. (3) The Director may require a potential user to demonstrate that sufficient numbers of supervisors, monitors and servers that have attended such a course will be provided by the user if written permission to use the designated facility for a licensed function is granted. • (4) Closed private licensed functions are exempt from this section of the policy; however, users of designated facilities for closed private licensed functions shall be encouraged to provide voluntarily properly trained supervisors, monitors and servers since such users are not exempt from responsibility for compliance with the law and for the sobriety and safety of participants. (5) All servers must be "Smart Serve Certified" 9. Insurance (1) Liability Insurance is a mandatory requirement for all individuals/community user groups utilizing city-owned or operated facilities-within the City of Pickering. All programs, meetings, recreational events, cultural and social events require liability insurance. Users groups can provide personal proof of insurance, a minimum of$2 million insurance, naming the City of Pickering as an additional insured, or purchase insurance through the City of Pickering, Facility User Group Program. Rates for insurance coverage will vary depending on risk factors, length of the activity, the number of participants, among other factors at the event. Any changes in activities by the user group must be reported to Facility Booking Staff for possible adjustments to the permit. Insurance information must be received and paid in full before the permit start date. Liability Insurance covers from the time and date reflected on the rental permit only. The extra fee for the liability insurance will be added to the rental agreement with the applicable taxes. 28. 4 (2) When a patron requests a facility/ice rental, facility booking staff -. members will confirm the event/function required on the permit. Facility staff will review the Liability Insurance User Group Rating Schedule to determine the appropriate fee to be charged to the individual/community user group. (3) Only users having a minimum of$2,000,000 third party general liability insurance coverage, naming the Corporation of the City of Pickering as an additional insured, will be permitted to use designated facilities for licensed functions. 10. Accountability (1) Users of designated facilities for licensed functions shall display prominently in the facility a sign or signs informing participants of the following: ' (a) The name, address and telephone number of the user; (b) The name, address and telephone number of the representative of the user responsible for the function; (c) The address and telephone number of the nearest Police Station; (d) The address and telephone number of the Liquor License Board of Ontario; and (e) The address and telephone number of the Department of Culture and Recreation (2) A user that contravenes any City policy or procedure or any applicable law may be refused permission to use designated • facilities for licensed functions, at the Director's discretion; Indefinitely, or (a) Until the user can demonstrate to the Director's satisfaction that a further contravention shall not occur. 11. Promoting the Policy The Department of Culture and Recreation shall design and implement, in consultation with CAMH, a strategy to orient all potential users to the • • requirements of this policy and to promote this policy to the community at large. J:IFACILRYIFAC1000WIISCWIunlapal Alcohol POficyDCC • • 5 • 29 Schedule B Qat 00 Facility Rental Application , PICKERING Conditions of Agreement 1) The City reserves the right to cancel any permit temporarily or permanently, should accommodation be required for special events, or in an emergency. 2) 50% of payment is due at time of booking. This is a non-refundable deposit. 3) Applicants must be members of authority in the organization seeking accommodation. 4) The facility is to be used only on the date(s) and time(s) specified, and only for the purpose named. No teen dances/parties, stags or stagettes are permitted in our halls. This permit is not transferrable. 5) The City will not be responsible for personal injury or damage or for the loss or theft of clothing or equipment of the applicants, or anyone attending on the invitation of the applicant or any persons contracted by the applicant. 6) The applicant shall be responsible for the conduct and supervision of all persons admitted to the building(s) and grounds and shall see that all regulations contained herein are strictly observed. 7) , Unnecessary noise which disturbs the peace, quiet, or comfort of any person in any type of residence, place of business, etc., in proximity to the facility shall not be permitted. 8) The exits must be kept free from obstruction in case of fire. a) The applicant must pay all damages arising from the use of the property. b) A damage/security deposit will be charged for all rentals, to be refunded at a later date, if no damage, excessive maintenance costs are incurred as a result of the facility rental. c) The applicant must pay such fees for extra work by custodians, etc., as the City may determine. 9) Games of chance, lottery, or gambling in any forms, contrary to law is strictly forbidden. 10) It shall be the responsibility of the applicant to see that all persons admitted to the function being held, have vacated the premises promptly by 2:00 am. 11) If liquor of any type is to be served, sold or available at the function, the applicant must obtain all necessary permits and licenses and must adhere to the City of Pickering `Alcohol Management Policy'. A copy of the liquor license must be posted on the wall during the function. 12) The City of Pickering requires every event have a minimum of$2,000,000 third party general liability insurance coverage. This insurance must be purchased as part of the rental process. 13) For all special occasion permits, only monitors and servers that possess a server intervention program certificate will be permitted to use the designated facility. Information is available at www.smartserve.orq. Page 3 of 6, C R 1101-04/28 30 (Hi/ co Facility Rental Application w= PI KERING 14) The licensor reserves the right to provide security personnel or Pay-Duty Police at the expense of the licensee, should the Supervisor, Facility Programs deem it necessary. 15) Hall cancellations are subject to a $35.00 administration fee. 16) All cancellations must be received in writing ninety days prior to the function, or the entire rental fee will be forfeited. 17) All rental rates are subject to increase. Post-dated cheques will not be accepted. 18) This contract is not valid unless it is signed and dated by the person renting the facility and returned as soon as possible to the Facility Booking Clerk. 19) Recreation Complex Staff will set-up the tables and chairs `provided' a diagram of the layout is submitted by the Monday preceding the function. You may obtain the diagrams at the Complex Information Desk. Any materials/articles dropped off prior to the function, or left after the function, must have prior approval from the Maintenance Department or designate. 20) If Complex Banquet Halls are rented, please use the outside entrance to Banquet Hall, do not use main Complex doors. Personal information contained on this form is collected pursuant to the Municipal Freedom of Information and Protection of Privacy Act and will be used for the purpose of administering facility rentals. Questions about this collection should be directed to the City Clerk, One The Esplanade, Pickering, ON L1V 6K7, 905.420.4611. HST applies to this Rental — Registration No. 108078593 Page 4 of 6 CR1101-04/28 • 31 ATTACHMENT ;`._ _„I oq v Lease Agreement This Lease is made as of the 1st day of July, 2015. Between: The Corporation of the City of Pickering (the "City") - and - Greenwood Recreation Association (the "Association") Article Interpretation Definitions 1. In this Lease, (a) "Commencement Date" means July 1, 2015; (b) "Lease" means this lease as it may be amended from time to time; • (c) "Premises" shall mean that portion of the Community Centre being composed of the first floor hallways, concession area, and storage rooms and the second floor multi-purpose hall with kitchen, adjacent hallways, and washroom facilities as shown on Schedule "A" attached hereto; (d) "Rent" means the rent payable pursuant to Section 21; and (e) "Term" means the term of this Lease as set out in Section 18. Headings 2. The division of this Lease 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. 32 2 Schedule 3. Schedule "B" (City's Alcohol Management Policy) and Schedule "C" (City's Conditions of Agreement).are incorporated into and form part of this Lease. Severability 4. All of the provisions of this Lease 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 and the remaining provisions of this Lease shall remain in force. Number 5. Wherever a word importing the singular number onlyis used in this Lease, 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 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 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 Association of its obligations under this Lease, the City leases the Premises to the Association for its use during the Term. Association Use of Premises 9. The Premises shall be used only for functions by not-for-profit organizations, other organizations pre-approved in writing by the City, charity events, non- commercial receptions and for no other purpose without the prior written consent of the City which consent may be arbitrarily withheld. 33 3 10. The Association's use of the Premises shall be in accordance with the City's Alcohol Management Policy (Schedule "B") and Conditions of Agreement (Schedule "C"). 11. The Greenwood Recreation Association shall have the exclusive use of the Premises every Saturday and Wednesday evening. Nuisance 12. The Association 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 13. The City shall have first right of refusal to use the Premises. The Association shall not be entitled to any rental fees or other remuneration associated with the use of the Premises by the City. Assignment and Subletting 14. Subject to section 15, the Association shall not assign this Lease or sublet all or any portion of the Premises without the prior written consent of the City, which consent may be arbitrarily withheld. Licences 15. The Association may grant licences to licensees approved in writing by the City to use the Premises provided, (a) the term of the licence does not exceed one (1) year; (b) the licensee agrees to comply with sections 9 and 10 of this Lease; and (c) The Club agrees that it shall only charge such fees for the rental of the Premises at the rate that is approved by the City from time to time. The City and the Club shall establish the approved rental fee rate yearly throughout the Term. 16. The Association shall retain 100% of all licence fees recovered for use'of the Premises. 17. The Association shall submit a written report to the City every six months documenting the source and amount of all licence fees received by the Association for the Premises. 34 4 18. The Association shall submit their annual financial statement to the City by February 15th of each year. Article Ill Term Term 19. The term of this Lease shall be five (5) years from the Commencement Date to June 30, 2020. 20. This Agreement may be terminated by either party upon six month's notice to the other in writing. Overholding 21. If the Association 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 Association 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 Rent Rent 22. The Association shall pay to the City as rent for the entire Term in lawful money of Canada the sum of One (1) Dollar ($1.00). Gross Lease 23. 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. 35 5 . Article V Maintenance, Repairs and Alterations Maintenance of Premises 24. The Association shall maintain and operate the Premises so that they shall always be of good appearance and suitable for the proper operation of the Premises. 25. The Association shall provide general maintenance services 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. 26. As set out in WHMIS Regulation R.R.O. 1990, Reg. 860, as amended by: O. Reg 36/93 of the Occupational Health and Safety Act, or its successors, the Club shall be responsible to maintain a binder containing safety data sheets for all hazardous products stored or used on the Premises. Said binder must be kept current at all times and available for reference by users of said products. 27. The Association shall be responsible to provide the City with WHMIS training certification of individuals working with cleaning products and/or hazardous materials on the Premises and of Club members working alone or overseeing any maintenance tasks performed on the Premises. 28. The Association shall be responsible to provide the City with: (a) WHMIS training certification of individuals working with cleaning products and/or hazardous materials on the Premises and of Association members working alone or overseeing any maintenance tasks performed on the Premises; and (b) completed Ministry of Labour Health & Safety Awareness Training for Supervisors for those same individuals. 29. The Association shall be responsible for all day-to-day operating expenses including garbage removal from the facility to the exterior storage bin. The Association shall not be responsible for utilities. 30. The City shall provide snow removal services for the parking lot, sidewalks, walkways and all other areas of pedestrian passage on the Premises. 31. (1) Subject to subsection (2), the City shall be responsible for all inspections, preventative maintenance, and replacement at its sole discretion, with respect to: (a) HVAC equipment; (b) electrical systems (including lighting); • 36 6 (c) water supply, treatment and septic systems; (d) plumbing system and fixtures; (e) roofs; (f) exterior cladding; (g) doors and hardware; (h) parking lots; (i) lawn care, landscaping and pest control. • (2) The Association shall be responsible forany damages or costs incurred due to the misuse or negligence of the Association, its employees, invitees, servants, agents, or others under its control and the Association 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 Association shall immediately notify the City of any unsafe conditions on the Premises. Security 33. The Association 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 the possession of keys to the Premises. 34. Any keys provided to the Association, or its licensees, must be returned to the City upon request. Alterations/Improvements to Premises 35. The Association shall only be permitted to make alterations and improvements to the Premises that have been approved by the City. Article VI Insurance and Indemnity Insurance & Liability 36. Association's Insurance (1) The Association, at its sole cost and expense, shall take out and keep in force during the Term: 37 7 (a) insurance upon property owned by it which is located on the Premises; (b) comprehensive insurance of the type commonly called general public liability, which shall include coverage for personal liability, contractual liability, Association's legal liability, non-owned automobile liability, abuse liability, bodily injury, death and property damage, all on an occurrence basis with respect to the Association's use and occupancy of the Premises, with coverage for any one occurrence or claim of not less than $2,000,000, or such other amount as the City may reasonably require upon not less than six months notice at any time during the Term, which insurance shall include the City as a named insured and shall • protect the City in respect of claims by the Association as if the City were separately insured; and (c) insurance against such other perils and in such amounts as the City may from time to time reasonably require upon not less than 90 days written notice, such requirement to be made on the basis that the required insurance is customary at the time for prudent tenants of similar properties. 37. All insurance required to be maintained by the Association hereunder shall be on Terms and with insurers to which the City has no reasonable objection. Each policy shall contain a waiver by the insurer of any rights of subrogation or indemnity or any other claim over to which the insurer might otherwise be entitled against the City or the agents or employees of the City, and shall also contain an undertaking by the insurer that no material change adverse to the City or the Association will be made, and the policy will not lapse or be cancelled, except after not less than thirty days written notice to the City of the intended change, lapse or cancellation. The Association shall furnish to the City, if and whenever requested by it, certificates or other evidences acceptable to the City as to the insurance from time to time effected by the Association and its renewal or continuation in force, together with evidence as to the method of determination of full replacement cost of the Associations Leasehold Improvements, trade fixtures, furniture and equipment, and if the City reasonably concludes that the full replacement cost has been underestimated, the Association shall forthwith arrange for any consequent increase in coverage required hereunder. If the Association shall fail to take out, renew and keep in force such insurance, or if the evidences submitted to the City pursuant to the preceding sentence are unacceptable to the City or no such evidences are submitted within a reasonable period after request therefore by the City then the City may give to the Association written notice requiring compliance with this section and specifying the respects in which the Association is not then in compliance with this section. If the Association does not, within 72 hours or such lesser period as the City may reasonably require having regard to the urgency of the situation, provide 38 8 appropriate evidence of compliance with this section, the City may, but shall not be obligated to, obtain some or all of the additional coverage or other insurance - which the Association shall have failed to obtain, without prejudice to any other rights of the City under this Lease or otherwise, and the Association shall pay all premiums and other expenses incurred by the City in that connection as additional rent pursuant to section 21 hereof. Limitation of City's Liability 38. The City shall not be liable for any bodily injury or death of any person, or loss or damage to any property belonging to the Association or its employees, invitees or licensees or its guests, or to any other person in, on or about the Premises, unless caused by the gross negligence of the City. Association's Indemnification of City 39. The Association shall indemnify and save harmless the City in respect of: (a) all actions, causes of actions, suits, liens, claims and demands whatsoever, which may arise either directly or indirectly by reason of any act or omission of the Association, its servants, licensees, invitees, members, guests, contractors or agents in the use or occupation of the Premises; (b) any loss, cost, expense or damage suffered or incurred by the City arising from any breach by the Association of any of its covenants and obligations under this Lease; (c) all costs, expenses and reasonable legal fees that may be incurred or paid by the City in enforcing against the Association the covenants, agreements and representations of the Association set out in this Lease. Article VII Remedies on Default City's Right to Re-Enter 40. If any amount payable to the City under this Lease shall remain unpaid for fifteen (15) days after the Association has received notice thereof, then it shall be lawful for. the City at any time thereafter to re-enter the Premises. 39 9 City's Right to Remedy Default 41. In addition to all other remedies the City may have under this Lease and in law, if the Association is in default of any of its obligations under this Lease, and such default has continued for a period of ten (10) days after receipt of notice by the Association (or such longer period as 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 Association 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 Association at any time or times in respect of any covenant, obligation or agreement under this Lease 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 Association save only an express waiver in writing. Article VIII Miscellaneous Quiet Enjoyment 43. The City shall permit the Association 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 Association is not in default. . Right of Entry 44. The Association agrees to permit the City and authorized representatives of the City to enter the Premises at any time for the purpose of inspecting the Premises. The City shall use its best efforts to minimize the disruption to the Association's use of the Premises during any such entry. Signs 45. The Association 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. 40 10 Compliance with Laws 46. The Association, 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 Association or the making of any improvements to the Premises by the Association. Notice 47. Any notice required to be given by the City to the Association under.this Lease shall be in writing and shall be delivered to the Premises or such other address of which the Association has notified the City in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this • Lease. 48. Any notice required to be given by the Association to 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 Association in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. • Successors and Assigns 49. 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 50. Schedules "A", "B" and "C" attached hereto form part of this Agreement. - I 41 11 In Witness Whereof the parties have executed this Lease. The Corporation of the City of Pickering David Ryan, Mayor Debbie Shields, City Clerk Greenwood Recreation Association Rick Hyatt, President 42 1 O U) n m I m . m z m m • O o D 0 z z O 0 0 m r- r O 00 C x Z_ . H C) . m z --I 70 m . : � . ..., , T il OW___\ . 73 . 17\V - \\NN,'• m lib N 1 \\‘ k,: \\\\\ ,1' • • . 1. &21\‘1 k--! . m v, N \Ns \., . Xi. 1 zap ' 1os v . \ I....m.A , 6. ,.......■ elow■ Z , _ . 43 • Schedule B THE CORPORATION OF THE CITY OF PICKERING Engineering & Public Works Department Culture & Recreation Department MUNICIPAL ALCOHOL POLICY December 17, 2014 Purpose The purpose of this policy is to endeavor to ensure the appropriate management of the use and consumption of alcoholic beverages in municipally owned facilities; to avoid related problems and to ensure the safety and well being of all participants and to protect the Corporation, its • employees and volunteers. 1. Definitions In this Policy, the term, • (a) "Licensed function" means a function for which a permit has been issued by, or is otherwise licensed by, the Liquor License Board of Ontario at which alcoholic beverages may be consumed; (b) "Closed private licensed function" means a licensed function determined by the Director of Culture and Recreation to be closed to the general public and of a private nature; (c) "Designated facility" means a City owned building, park, open space and associated parking lot designated by this policy as suitable for an indoor or outdoor licensed function; (d) "User" means a person, group or association to whom the City has granted written permission to use a designated facility for a licensed function and; (e) "Server" means any person serving alcohol 2. Designated.Facilities (1) The following are designated facilities for indoor licensed functions: (a). Brougham Community Centre (b) Claremont Community Centre (c) . Don Beer Sports Facility Community Centre (d) East Shore Community Centre (e) Front Street Centre (f) Green River Community Centre Greenwood Community Centre 44 (h) Mount Zion Community Centre (i) Pickering Civic Complex (j) Pickering Recreation Complex (k) Seniors Activity Centre (I) West Shore Community Centre (m) Whitevale Community Centre (n) Petticoat Creek Community Centre (o) Pickering Museum Village (2) The following are designated facilities for outdoor licensed functions: (a) Claremont Community Park (b) Dunmoore Park (c) Kinsmen Park (d) Pickering Museum Village 3. Alcohol Restrictions Within Designated Facilities All designated facilities defined in this policy shall be deemed a'public place" and as such, in accordance with Section 31 of the Liquor Licence Act, R.S.O. 1990, c.L. 19, no person shall have or consume or sell liquor in any designated facility unless a licence or permit is issued or unless specifically covered by an L.L.B.O. permit. 4. Safe Transportation (1) Only those users implementing a safe transportation strategy (e.g., a designated driver program, an alternate home transportation option) to prevent intoxicated participants from driving will be permitted to use designated facilities for licensed functions. (2) The Director may require a potential user to demonstrate that such a strategy will be implemented by the user if written permission to use the designated facility for a licensed function is granted. 5. No Alcohol and Low Alcohol.Drinks • (1) Only users offering a sufficient quantity of no alcohol and low alcohol drinks will be permitted to use designated facilities for licensed functions. • (2) The Director may require a potential user to demonstrate that such a strategy will be implemented by the user if written permission to use the designated facility for a licensed function is granted. 6. "Statement of Intoxication" Sign (1) Users of designated facilities for licensed functions shall display prominently in the facility a sign or signs indicating that it is illegal to 2 45 serve participants to a state of intoxication. Such signs shall read as follows: City of Pickering — Department of Engineering and Public Works Services — Culture and Recreation Department. Statement of Intoxication It is contrary to the Liquor Licence Act of Ontario to serve persons to intoxication. For this reason, servers in this facility are required • to obey the law and not serve anyone to intoxication. Should you wish a no alcohol or low alcohol "breather" round, request a soft drink, coffee or smaller than usual portion of alcohol. (2) Signs shall be provided by the City to users for display by them in the designated facility during the licensed function. 7. Participant Controls (1) Only users providing sufficient controls to prevent underage, intoxicated or rowdy persons from entering the designated facility, to refuse service to such persons, and to remove such persons from the designated facility will be permitted to use designated facilities for licensed functions. (2) Such controls shall include the following: (a) Having a supervisor in charge of the licensed function present in the designated facility at all times during the function. (b) Having at least two monitors at each entrance to the licensed function at all times during the function; (c) Accepting only an age of majority card, a photo driver's license • or a passport as identification for entry; (d) Having a monitor or monitors (other than entrance monitor) in the designated facility at all times during the function at least one monitor for every 200 participants; (e) Using monitors and servers who are 19 years of age or older; (f) Using monitors and servers who do not consume alcohol during the function; and list of the names of supervisors, monitors and (g) Providing a t p , servers to the Director prior to the function. 3 46 (3) The Director may require a potential user to demonstrate that such controls will be imposed by the user if written permission to use the designated facility for a licensed function is granted. 8. Supervisor, Monitor, and Server Training (1) Only users providing sufficient numbers of supervisors, monitors and servers that have attended an appropriate training course in server intervention will be permitted to use designated facilities for licensed functions. (2) Such training should utilize CAMH course material, and may be provided, at a reasonable cost, through the Department of Culture and Recreation. (3) The Director may require a potential user to demonstrate that sufficient numbers of supervisors, monitors and servers that have attended such a course will be provided by the user if written permission to use the designated facility for a licensed function is granted. (4) Closed private licensed functions are exempt from this section of the policy; however, users of designated facilities for closed private licensed functions shall be encouraged to provide voluntarily properly trained supervisors, monitors and servers since such users are not exempt from responsibility for compliance with the law and for the sobriety and safety of participants. (5) All servers must be "Smart Serve Certified" 9. Insurance (1) Liability Insurance is a mandatory requirement for all individuals/community user groups utilizing city-owned or operated facilities-within the City of Pickering. All programs, meetings, recreational events, cultural and social events require liability insurance. Users groups can provide personal proof of insurance, a minimum of$2 million insurance, naming the City of Pickering as an additional insured, or purchase insurance through the City of Pickering, Facility User Group Program. Rates for insurance coverage will vary depending on risk factors, length of the activity, the number of participants, among other factors at the event. Any changes in activities by the user group must be reported to Facility Booking Staff for possible adjustments to the permit. Insurance information must be received and paid in full before the permit start date. Liability Insurance covers from the time and date reflected on the rental permit only. The extra fee for the liability insurance will be added to the rental agreement with the applicable taxes. 4 47 (2) When a patron requests a facility/ice rental, facility booking staff members will confirm the event/function required on the permit. Facility staff will review the Liability Insurance User Group Rating Schedule to determine the appropriate fee to be charged to the individual/community user group. (3) Only users having a minimum of$2,000,000 third party general liability insurance coverage, naming the Corporation of the City of Pickering as an additional insured, will be permitted to use designated facilities for licensed functions. 10. Accountability (1) Users of designated facilities for licensed functions shall display prominently in the facility a sign or signs informing participants of the following: (a) The name, address and telephone number of the user; (b) The name, address and telephone number of the representative of the user responsible for the function; (c) The address and telephone number of the nearest Police Station; (d) The address and telephone number of the Liquor License Board of Ontario; and (e) The address and telephone number of the Department of Culture and Recreation (2) A user that contravenes any City policy or procedure or any applicable law may be refused permission to use designated facilities for licensed functions, at the Director's discretion; Indefinitely, or (a) Until the user can demonstrate to the Director's satisfaction that a further contravention shall not occur. 11. Promoting the Policy The Department of Culture and Recreation shall design and implement, in consultation with CAMH, a strategy to orient all potential users to the . requirements of this policy and to promote this policy to the community at large. J:\FACILUTYFFAC1000UAISCUAUniapal Alcohol Policy.DOC 48 5 Schedule C Ci Facility Rental Application PICKERING Conditions of Agreement 1) The City reserves the right to cancel any permit temporarily or permanently, should accommodation be required for special events, or in an emergency. 2) 50% of payment is due at time of booking. This is a non-refundable deposit. 3) Applicants must be members of authority in the organization seeking accommodation. 4) The facility is to be used only on the date(s) and time(s) specified, and only for the purpose named. No teen dances/parties, stags or stagettes are permitted in our halls. This permit is not transferrable. 5) The City will not be responsible for personal injury or damage or for the loss or theft of clothing or equipment of the'applicants, or anyone attending on the invitation of the applicant or any persons contracted by the applicant. 6) The applicant shall be responsible for the conduct and supervision of all persons admitted to the building(s) and grounds and shall see that all regulations contained herein are strictly observed. 7) Unnecessary noise which disturbs the peace, quiet, or comfort of any person in any type of residence, place of business, etc., in proximity to the facility shall not be permitted. 8) The exits must be kept free from obstruction in case of fire. a) The applicant must pay all damages arising from the use of the property. b) A damage/security deposit will be charged for all rentals, to be refunded at a later date, if no damage, excessive maintenance costs are incurred as a result of the facility rental. c) The applicant must pay such fees for extra work by custodians, etc., as the City may determine. 9) Games of chance, lottery, or gambling in any forms, contrary to law is strictly forbidden. 10) It shall be the responsibility of the applicant to see that all persons admitted to the function being held, have vacated the premises promptly by 2:00 am. 11) If liquor of any type is to be served, sold or available at the function, the applicant must obtain all necessary permits and licenses and must adhere to the City of Pickering `Alcohol Management Policy'. A copy of the liquor license must be posted on the wall during the function. 12) The City of Pickering requires every event have a minimum of$2,000,000 third party general liability insurance coverage. This insurance must be purchased as part of the rental process. 13) For all special occasion permits, only monitors and servers that possess a server intervention program certificate will be permitted to use the designated facility. Information is available at www.smartserve.org. Page 3 of 6 CR1101-04/28 49 City. e4 Facility Rental Application PICKERING 14) The licensor reserves the right to provide security personnel or Pay-Duty Police at the expense of the licensee, should the Supervisor, Facility Programs deem it necessary. 15) Hall cancellations are subject to a $35.00 administration fee. 16) All cancellations must be received in writing ninety days prior to the function, or the entire rental fee will be forfeited. 17) All rental rates are subject to increase. Post-dated cheques will not be accepted. 18) This contract is not valid unless it is signed and dated by the person renting the facility and returned as soon as possible to the Facility Booking Clerk. 19) Recreation Complex Staff will set-up the tables and chairs `provided' a diagram of the layout is submitted by the Monday preceding the function. You may obtain the diagrams at the Complex Information Desk. Any materials/articles dropped off prior to the function, or left after the function, must have prior approval from the Maintenance Department or designate. 20) If Complex Banquet Halls are rented, please use the outside entrance to Banquet Hall, do not use main Complex doors. Personal information contained on this form is collected pursuant to the Municipal Freedom of Information and Protection of Privacy Act and will be used for the purpose of administering facility rentals. Questions about this collection should be directed to the City Clerk, One The Esplanade, Pickering, ON L1V 6K7, 905.420.4611. HST applies to this Rental — Registration No. 108078593 Page 4 of 6 CR 1101-04/28 50 ATTACHMENT# 9--" TO REPORT# .— C' Lease Agreement This Lease is made as of the 1st day of July, 2015. Between: The Corporation of the City of Pickering (the "City") and Mt. Zion Community Centre Association (the "Association") Article Interpretation Definitions 1. In this Lease, (a) "Commencement Date" means July 1, 2015; (b) "Lease" means this lease as it may be amended from time to time; (c) "Premises" means the entire facility known as Mt. Zion Community Centre in the City of Pickering, Regional Municipality of Durham; (d) "Rent" means the rent payable pursuant to Section 21; and (e) "Term" means the term of this Lease as set out in Section 18. Headings 2. The division of this Lease 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. 51 2 _ Schedule 3. Schedule "A" (City's Alcohol Management Policy) and Schedule "B" (City's Conditions of Agreement) are incorporated into and form part of this Lease. Severability 4. All of the provisions of this Lease 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 and the remaining provisions of this Lease shall remain in force. Number 5. Wherever a word importing the singular number only is used in this Lease, 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 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 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 Association of its obligations under this Lease, the City leases the Premises to the Association for its use during the Term. Association Use of Premises 9. The Premises shall be used only for functions by not-for-profit organizations, other organizations pre-approved in writing by the City, charity events, non- commercial receptions and for no other purpose without the prior written consent of the City which consent may be arbitrarily withheld. 52 3 10. The Association's use of the Premises shall be in accordance with the City's Alcohol Management Policy (Schedule "A") and Conditions of Agreement (Schedule "B"). Nuisance 11. The Association 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 12. The City shall have first right of refusal to use the Premises. The Association shall not be entitled to any rental fees or other remuneration associated with the use of the Premises by the City. Assignment and Subletting 13. Subject to section 14, the Association shall not assign this Lease or sublet all or any portion of the Premises without the prior written consent of the City, which consent may be arbitrarily withheld. . Licences 14. The Association may grant licences to licensees approved in writing by the City to use the Premises provided, (a) the term of the licence does not exceed one (1) month; (b) the licensee agrees to comply with sections 9 and 10 of this Lease; and (c) The Club agrees that it shall only charge such fees for the rental of the Premises at the rate that is approved by the City pp Y tY from time to time. The City and the Club shall establish the approved rental fee rate yearly throughout the Term. 15. The Association shall retain 100% of all licence fees recovered for the use of the Premises. 16. The Association shall submit a written report to,the City every four months documenting the source and amount of all licence fees received by the Association for the Premises. 17. The Association shall submit their annual financial statement to the City by February 15th of each year. 53 4 Article Ill Term Term 18. The term of this Lease shall be five (5) years from the Commencement Date to June 30, 2020. 19. This Agreement may be terminated by either party upon six month's notice to the other in writing. Overholding 20. If the Association 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 Association 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 Rent Rent 21. The Association shall pay to the City as rent for the entire Term in lawful money of Canada the sum of One (1) Dollar ($1.00). 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 23. The Association shall maintain and operate the Premises so that they shall always be of good appearance and suitable for the proper operation of the Premises. 54 5 24. The Association shall provide general maintenance services 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. 25. As set out in WHMIS Regulation R.R.O. 1990, Reg. 860, as amended by: O. Occupational Health and Safety Act, or its successors, the Club Reg 36/93 of the tY 9 p shall be responsible to maintain a binder containing safety data sheets for all hazardous products stored or used on the Premises. Said binder must be kept current at all times and available for reference by users of said products. 26. The Association shall be responsible to provide the City with WHMIS training, certification of individuals working with cleaning products and/or hazardous materials on the Premises and of Club members working alone or overseeing any maintenance tasks performed on the Premises. 27. The Association shall be responsible to provide the City with: (a) WHMIS training certification of individuals working with cleaning products and/or hazardous materials on the Premises and of Association members working alone or overseeing any maintenance tasks performed on the Premises; and (b) completed Ministry of Labour Health & Safety Awareness Training for Supervisors for those same individuals. 28. The Association shall be responsible for all day-to-day operating expenses including garbage removal. The Association shall not be responsible for utilities. 29. The City shall provide snow removal services for the parking lot. The Association shall be responsible for snow removal on all sidewalks, walkways and all other areas of pedestrian passage on the Premises. 30. (1) Subject to subsection (2), the City shall be responsible for all inspections, preventative maintenance, and replacement at its sole discretion, with respect to: (a) HVAC equipment; • (b) electrical systems (including lighting); • (c) water supply, treatment and septic systems; (d) plumbing system and fixtures; (e) roofs; (f) exterior cladding; (g) doors and hardware; (h) parking lots; (i) lawn care, landscaping and pest control. 55 6 (2) The Association shall be responsible for any damages or costs incurred due to the misuse or negligence of the Association, its employees, invitees, servants, agents, or others under its control and the Association 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. The Association shall immediately notify the City of any unsafe conditions on the Premises. Security 32. The Association 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 the possession of keys to the Premises. 33. Any keys provided to the Association, or its licensees, must be returned to the City upon request. Alterations/Improvements to Premises 34. The Association shall only be permitted to make alterations and improvements to the Premises that have been approved by the City. Article VI Insurance and Indemnity Insurance & Liability 35. Association's Insurance (1) The Association, at its sole cost and expense, shall take out and keep in force during the Term: (a) insurance upon property owned by it which is located on the Premises; • 56 7 (b) comprehensive insurance of the type commonly called general public liability, which shall include coverage for personal liability, contractual liability, Association's legal liability, non-owned automobile liability, abuse liability, bodily injury, death and property damage, all on an occurrence basis with respect to the Association's use and occupancy of the Premises, with coverage or claim of not less than $2,000,000, or for an one occurrence o Y such other amount as the City may reasonably require upon not less than six months notice at any time during the Term, which insurance shall include the City as a named insured and shall protect the City in respect of claims by the Association as if the City were separately insured; and (c) insurance against such other perils and in such amounts as the City may from time to time reasonably require upon not less than 90 days written notice, such requirement to be made on the basis that the required insurance is customary at the time for prudent tenants of similar properties. 36. All insurance required to be maintained by the Association hereunder shall be on Terms and with insurers to which the City has no reasonable objection. Each policy shall contain a waiver by the insurer of any rights of subrogation or indemnity or any other claim over to which the insurer might otherwise be entitled against the City or the agents or employees of the City, and shall also contain an undertaking by the insurer that no material change adverse to the City or the Association will be made, and the policy will not lapse or be cancelled, except after not less than thirty days written notice to the City of the intended change, lapse or cancellation. The Association shall furnish to the City, if and whenever requested by it, certificates or other evidences acceptable to the City as to the insurance from time to time effected by the Association and its renewal or continuation in force, together with evidence as to the method of determination of full replacement cost of the Associations Leasehold Improvements, trade fixtures, furniture and equipment, and if the City reasonably concludes that the full replacement cost has been underestimated, the Association shall forthwith arrange for any consequent increase in coverage required hereunder. If the Association shall fail to take out, renew and keep in force such insurance, or if the evidences submitted to the City pursuant to the preceding sentence are unacceptable to the City or no such evidences are submitted within a reasonable period after request therefore by the City then the City may give to the Association written notice requiring compliance with this section and specifying the respects in which the Association is not then in compliance with this section. If the Association does not, within 72 hours or such lesser period as the City may reasonably require having regard to the urgency of the situation, provide appropriate evidence of compliance with this section, the City may, but shall not be obligated to, obtain some or all of the additional coverage or other insurance which the Association shall have failed to obtain, without prejudice to any other 57 8 rights of the City under this Lease or otherwise, and the Association shall pay all premiums and other expenses incurred by the City in that connection as additional rent pursuant to section 21 hereof. Limitation of City's Liability 37. The City shall not be liable for any bodily injury or death of any person, or loss or • damage to any propertybelonging to the Association or its employees, invitees or licensees or its guests, or to any other person in, on or about the Premises, unless caused by the gross negligence of the City. Association's Indemnification of City 38. The Association shall indemnify and save harmless the City in respect of: (a) all actions, causes of actions, suits, liens, claims and demands whatsoever, which may arise either directly or indirectly by reason of any act or omission of the Association, its servants, licensees, invitees, members, guests, contractors or agents in the use or occupation of the Premises; (b) any loss, cost, expense or damage suffered or incurred by the City arising from any breach by the Association of any of its covenants and obligations under this Lease; (c) all costs, expenses and reasonable legal fees that may be incurred or paid by the City in enforcing against the Association the covenants, agreements and representations of the Association set out in this Lease. Article VII Remedies on Default City's Right to Re-Enter 39. If any amount payable to the City under this Lease shall remain unpaid for fifteen (15) days after the Association has received notice thereof, then it shall be lawful for the City at any time thereafter to re-enter the Premises. City's Right to Remedy Default 40. In addition to all other remedies the City may have under this Lease and in law, if the Association is in default of any of its obligations under this Lease, and such default has continued for a period of ten (10) days after receipt of notice by the Association (or such longer period as may be reasonably required in the 58 9 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 Association shall be responsible for all such costs. Waiver • 41. No condoning, excusing or overlooking by the City of any default, breach or non-observance by the Association at any time or times in respect of any covenant, obligation or agreement under this Lease 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 Association save only an express waiver in writing. Article VIII Miscellaneous Quiet Enjoyment 42. The City shall permit the Association 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 Association is not in default. Right of Entry 43. The Association agrees to permit the City and authorized representatives of the City to enter the Premises at any time for the purpose of inspecting the Premises. The City shall use its best efforts to minimize the disruption to the Association's use of the Premises during any such entry. Signs 44. The Association 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. 59 - i 10 Compliance with Laws 45. The Association, 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 Association or the making of any improvements to the Premises by the Association. Notice 46. Any notice required to be given by the City to the Association under this Lease shall be in writing and shall be delivered to the Premises or such other address of which the Association has notified the City in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. 47. Any notice required to be given by the Association to 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 Association in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. 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. In Witness Whereof the parties have executed this Lease. The Corporation of the City of Pickering David Ryan, Mayor Debbie Shields, City Clerk 60 11 Mt. Zion Community Centre Association • Evelyn Jones, President Ruth Taylor, Treasurer 61 Schedule A THE CORPORATION OF THE CITY OF PICKERING Engineering & Public Works Department Culture & Recreation Department MUNICIPAL ALCOHOL POLICY December 17, 2014 Purpose The purpose of this policy is to endeavor to ensure the appropriate management of the use and consumption of alcoholic beverages in municipally owned facilities; to avoid related problems and to ensure the safety and well being of all participants and to protect the Corporation, its employees and volunteers. 1. Definitions In this Policy, the term, (a) "Licensed function" means a function for which a permit has been issued by, or is otherwise licensed by, the Liquor License Board of Ontario at which alcoholic beverages may be consumed; (b) "Closed private licensed function" means a licensed function determined by the Director of Culture and Recreation to be closed to the general public and of a private nature; (c) "Designated facility" means a City owned building, park, open space and associated parking lot designated by this policy as suitable for an indoor or outdoor licensed function; (d) "User" means a person, group or association to whom the City has granted written permission to use a designated facility for a licensed function and; (e) "Server" means any person serving alcohol 2. Designated Facilities (1) The following are designated facilities for indoor licensed functions: (a) Brougham Community Centre (b) Claremont Community Centre (c) Don Beer Sports Facility Community Centre (d) East Shore Community Centre (e) Front Street Centre (f) Green River Community Centre (g) Greenwood Community Centre 62 (h) Mount Zion Community Centre (i) Pickering Civic Complex (j) Pickering Recreation Complex (k) Seniors Activity Centre (I) West Shore Community Centre (m) Whitevale Community Centre (n) Petticoat Creek Community Centre (o) Pickering Museum Village (2) The following are designated facilities for outdoor licensed functions: (a) Claremont Community Park (b) Dunmoore Park (c) Kinsmen Park (d) • Pickering Museum Village 3. Alcohol Restrictions Within Designated Facilities All designated facilities defined in this policy shall be deemed a'public place" and as such, in accordance with Section 31 of the.Liquor Licence Act, R.S.O. 1990, c.L. 19, no person shall have or consume or sell liquor in any designated facility unless a licence or permit is issued or unless specifically covered by an L.L.B.O. permit. 4. Safe Transportation (1) Only those users implementing.a safe transportation strategy (e.g., a designated driver program, an alternate home transportation option) to prevent intoxicated participants from driving will be permitted to use designated facilities for licensed functions. • (2) The Director may require a potential user to demonstrate that such a strategy will be implemented by the user if written permission to use the designated facility for a'licensed function is granted. 5. No Alcohol and Low Alcohol.Drinks (1) Only users offering a sufficient quantity of no alcohol and low alcohol drinks will be permitted to use designated facilities for . licensed functions. (2) The Director may require a potential user to demonstrate that such a strategy will be implemented by the user if written permission to . use the designated facility for a licensed function is granted. 6. "Statement of Intoxication" Sign (1) Users of designated facilities for licensed functions shall display prominently in the facility a sign or signs indicating that it is illegal to 2 63 serve participants to a state of intoxication. Such signs shall read as follows: City of Pickering — Department of Engineering and Public.Works Services— Culture and Recreation Department. Statement of Intoxication It is contrary to the Liquor Licence Act of Ontario to serve persons • to intoxication. For this reason, servers in this facility are required to obey the law and not serve anyone to intoxication. Should you wish a no alcohol or low alcohol "breather" round, request a soft drink, coffee or smaller than usual portion of alcohol. (2) Signs shall be provided by the City to users for display by them in the designated facility during the licensed function. 7. Participant.Controls (1) Only users providing sufficient controls to prevent underage, intoxicated or rowdy persons from entering the designated facility, to refuse service to such persons, and to remove such persons from the designated facility will be permitted to use designated facilities for licensed functions. (2) Such controls shall include the following: (a) Having a supervisor in charge of the licensed function present in the designated facility at all times during the function. (b) Having at least two monitors at each entrance to the licensed function.at all times during the function; . (c) Accepting only an age of majority card, a photo driver's license • or a passport as identification for entry; (d) Having a monitor or monitors (other than entrance monitor) in the designated facility at all times during the function at least one monitor for every 200 participants; (e) Using monitors and servers who are 19 years of age or older; (f) Using monitors and servers who do not consume alcohol during the function; and (g) Providing a list of the names of supervisors, monitors and servers to the Director prior to the function. 64 3 (3) The Director may require a potential user to demonstrate that such controls will be imposed by the user if written permission to use the designated facility for a licensed function is granted. 8. Supervisor, Monitor, and Server Training (1) Only users providing sufficient numbers of supervisors, monitors and servers that have attended an appropriate training course in server intervention will be permitted to use designated facilities for licensed functions. • (2) Such training should utilize CAMH course material, and may be provided, at a reasonable cost, through the Department of Culture • and Recreation. (3) The Director may require a potential user to demonstrate that sufficient numbers of supervisors, monitors and servers that have attended such a course will be provided by the user if written permission to use the designated facility fora licensed function is granted. • (4) Closed private licensed functions are exempt from this section of the policy; however, users of designated facilities for closed private licensed functions shall be encouraged to provide voluntarily properly trained supervisors, monitors and servers since such users are not exempt from responsibility for compliance with the law and for the sobriety and safety of participants. • (5) All servers must be "Smart Serve Certified" 9. Insurance . (1) Liability Insurance is a mandatory requirement for all individuals/community user groups utilizing city-owned or operated facilities-within the City of Pickering. All programs, meetings, recreational events, cultural and social events require liability insurance. Users groups can provide personal proof of insurance, a minimum of$2 million insurance, naming the City of Pickering as an additional insured, or purchase insurance through the City of Pickering, Facility User Group Program. Rates for insurance coverage will vary depending on risk factors, length of the activity, the number of participants, among other factors at the event. Any changes in activities by the user group must be reported to Facility Booking Staff for possible adjustments to the permit. Insurance information must be received and paid in full before the permit start date. Liability Insurance covers from the time and date reflected on the rental permit only. The extra fee for the liability insurance will be added to the rental agreement with the applicable taxes. 4 65 (2) When a patron requests a facility/ice rental, facility booking staff -. members will confirm the event/function required on the permit. Facility staff will review the Liability Insurance User Group Rating Schedule to determine the appropriate fee to be charged to the individual/community user group. (3) Only users having a minimum of$2,000,000 third party general liability insurance coverage, naming the Corporation of the City of . Pickering as an additional insured, will be permitted to use designated facilities for licensed functions. 10. Accountability (1) Users of designated facilities for licensed functions shall display prominently in the facility a sign or signs informing participants of the following: (a) The name, address and telephone number of the user; (b) The name, address and telephone number of the representative of the user responsible for the function; (c) The address and telephone number of the nearest Police Station; (d) The address and telephone number of the Liquor Licerise Board of Ontario; and (e) The address and telephone number of the Department of Culture and Recreation (2) A user that contravenes any City policy or procedure or any applicable law may be refused permission to use designated facilities for licensed functions, at the Director's discretion; Indefinitely, or (a) Until the user can demonstrate to the Director's satisfaction that a further contravention shall not occur. 11. Promoting the Policy The Department of Culture and Recreation shall design and implement, in consultation with CAMH, a strategy to orient all potential users to the requirements of this policy and to promote this policy to the community at large. J:TACILJTY\FAC1OOD1MISC\Munidpal Alcohol PohcyDOC 66 5 Schedule B C',fr 00 Facility Rental Application --- PICKERING Conditions of Agreement 1) The City reserves the right to cancel any permit temporarily or permanently, should accommodation be required for special events, or in an emergency. 2) 50% of payment is due at time of booking. This is a non-refundable deposit. 3) Applicants must be members of authority in the organization seeking accommodation. 4) The facility is to be used only on the date(s) and time(s) specified, and only for the purpose named. No teen dances/parties, stags or stagettes are permitted in our halls. This permit is not transferrable. . 5) The City will not be responsible for personal injury or damage or for the loss or theft of clothing or equipment of the applicants, or anyone attending on the invitation of the applicant or any persons contracted by the applicant. 6) The applicant shall be responsible for the conduct and supervision of all persons admitted to the building(s) and grounds and shall see that all regulations contained herein are strictly observed. . 7) Unnecessary noise which disturbs the peace, quiet, or comfort of any person in any type of residence, place of business, etc., in proximity to the facility shall not be permitted. 8) The exits must be kept free from obstruction in case of fire. a) The applicant must pay all damages arising from the use of the property. b) A damage/security deposit will be charged for all rentals, to be refunded at a later date, if no damage, excessive maintenance costs are incurred as a result of the facility rental. c) The applicant must pay such fees for extra work by custodians, etc., as the City may determine. . 9) Games of chance, lottery, or gambling in any forms, contrary to law is strictly forbidden. 10) It shall be the responsibility of the applicant to see that all persons admitted to the function being held, have vacated the premises promptly by 2:00 am. 11) If liquor of any type is to be served, sold or available at the function, the applicant must obtain all necessary permits and licenses and must adhere to the City of Pickering `Alcohol Management Policy'. A copy of the liquor license must be posted on the wall during the function. 12) The City of Pickering requires every event have a minimum of$2,000,000 third party general liability insurance coverage. This insurance must be purchased as part of the rental process. 13) For all special occasion permits, only monitors and servers that possess a server intervention program certificate will be permitted to use the designated facility. Information is available at www.smartserve.orq. Page 3 of 6 CR1101-04/28 67 Qat 00 Facility Rental Application • PICKERING 14) The licensor reserves the right to provide security personnel or Pay-Duty Police at the expense of the licensee, should the Supervisor, Facility Programs deem it necessary. 15) Hall cancellations are subject to a $35.00 administration fee. 16) All cancellations must be received in writing ninety days prior to the function, or the entire rental fee will be forfeited. 17) All rental rates are subject to increase. Post-dated cheques will not be accepted. 18) This contract is not valid unless it is signed. and dated by the person renting the facility and • returned as soon as possible to the Facility Booking Clerk. 19) Recreation Complex Staff will set-up the tables and chairs 'provided' a diagram of the,layout is submitted by the Monday preceding the function. You may obtain the diagrams at the Complex Information Desk. Any materials/articles dropped off prior to the function, or left after the function, must have prior approval from the Maintenance Department or designate. 20) If Complex Banquet Halls are rented, please use the outside entrance to Banquet Hall, do not use main Complex doors. Personal information contained on this form is collected pursuant to the Municipal Freedom of Information and Protection of Privacy Act and will be used for the purpose of administering facility rentals. Questions about this collection should be directed to the City Clerk, One The Esplanade, Pickering, ON L1V 6K7, 905.420.4611. HST applies to this Rental — Registration No. 108078593 • Page 4 of 6 CR 1101-04/28 68 . I - ATTACHMENT# `I TO REPORT ... o Lease Agreement This Lease is made as of the 1st day of July, 2015. Between: The Corporation of the City of Pickering (the "City") - and - Whitevale & District.Residents' Association (the "Association") Article I Interpretation Definitions 1. In this Lease, (a) "Commencement Date" means July 1, 2015; (b) "Lease" means this lease as it may be amended from time to time; (c) "Premises" means the entire.facility known as Whitevale Community Centre in the City of Pickering,. Regional Municipality of Durham; (d) "Rent" means the rent payable pursuant to Section 21; and • (e) "Term" means the term of this Lease as set out in Section 18. Headings 2. The division of this Lease 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. 69 2 Schedule 3. Schedule "A" (City's Alcohol Management Policy) and Schedule "B" (City's Conditions of Agreement) are incorporated into and form part of this Lease. Severability 4. All of the provisions of this Lease 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 and the remaining provisions of this Lease shall remain in force. Number 5. Wherever a word importing the singular number only is used in this Lease, 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 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 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 ll Grant and Use Grant 8. In consideration of the performance by the Association of its obligations under this Lease, the City leases the Premises to the Association for its use during the Term. Association Use of Premises 9. The Premises shall be used only for functions by not-for-profit organizations, other organizations pre-approved in writing by the City, charity events, non- commercial receptions and for no other purpose without the prior written consent of the City which consent may be arbitrarily withheld. 70 3 10. The Association's use of the Premises shall be in accordance with the City's Alcohol Management Policy (Schedule "A") and Conditions of Agreement (Schedule "B"). Nuisance 11. The Association 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 12. The City shall have first right of refusal to use the Premises: The Association shall not be entitled to any rental fees or other remuneration.associated with the use of the Premises by the City. Assignment and Subletting 13. Subject to section 14, the Association shall not assign this Lease or sublet all or any portion of the Premises without the prior written consent of the City, which consent may be arbitrarily withheld. • Licences 14. The Association may grant licences to licensees approved in writing by the City to use the Premises provided, (a) the term of the licence does not exceed one (1) month; (b) the licensee agrees to comply with sections 9 and 10 of this Lease; and (c) the Association agrees that it shall only charge such fees for the rental of the Premises at the rate that is approved by the City from time to time. The City and the Association shall establish the approved rental fee rate yearly throughout the Term. 15. The Association shall retain 100% of all licence fees recovered for the use of the Premises. 16. The Association shall submit a written report to the City every four months documenting the source and amount of all licence fees received by the Association for the Premises. 17. The Association shall submit their annual financial statement to the City by February 15th of each year. 71 4 Article III Term Term 18. The term of this Lease shall be five (5) years from the Commencement Date to June 30, 2020. 19. This Agreement may be terminated by either party upon six month's notice to the other in writing. Overholding 20. If the Association 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 Association 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 Rent Rent 21. The Association shall pay to the City as rent for the entire Term in lawful money of Canada the sum of One (1) Dollar ($1.00). 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 23. The Association shall maintain and operate the Premises so that they shall always be of good appearance and suitable for the proper operation of the Premises. 72 5 24. The Association shall provide general maintenance services 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. 25. As set out in WHMIS Regulation R.R.O. 1990, Reg. 860, as amended by: O. Reg 36/93 of the Occupational Health and Safety Act, or its successors, the i Association shall be responsible to maintain a binder containing safety data sheets for all hazardous products stored or used on the Premises. Said binder must be kept current at all times and available for reference by users of said products. 26. The Association shall be responsible to provide the City with WHMIS training certification of individuals working with cleaning products and/or hazardous materials on the Premises and of Association members working alone or overseeing any maintenance tasks performed on the Premises. 27. The Association shall be responsible to provide the City with: (a) WHMIS training certification of individuals working with cleaning products and/or hazardous materials on the Premises and of Association members working alone or overseeing any maintenance tasks performed on the Premises; and (b) completed Ministry of Labour Health & Safety Awareness Training for Supervisors for those same individuals. 28. The Association shall be responsible for all day-to-day operating expenses including garbage removal. The Association shall not be responsible for utilities. 29. The City shall provide snow removal services for the parking lot. The Association shall be responsible for snow removal on all sidewalks, walkways and all other areas of pedestrian passage on the Premises. 30. (1) Subject to subsection (2), the City shall be responsible for all inspections, preventative maintenance, and replacement at its sole discretion, with respect to: (a) HVAC equipment; (b) electrical systems (including lighting); (c) water supply, treatment and septic systems; (d) plumbing system and fixtures; (e) roofs; (f) exterior cladding; (g) doors and hardware; (h) parking lots; (i) lawn care, landscaping and pest control. 73 • 6 (2) The Association shall be responsible for any damages or costs incurred due to the misuse or negligence of the Association, its employees, invitees, servants, agents, or others under its control and the Association 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. The Association shall immediately notify the City of any unsafe conditions on the Premises. Security 32. The Association shall be responsible for the security of the Premises. The Association 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 Association representatives that have signed for keys with the City or parties granted written consent by the City, will be authorized to be in the possession of keys to the Premises. 33. Any keys provided to the Association, or its licensees, must be returned to the City upon request. Alterations/Improvements to Premises 34. The Association shall only be permitted to make alterations and improvements to the Premises that have been approved by the City. Article VI Insurance and Indemnity Insurance & Liability 35. Association's Insurance (1) The Association, at its sole cost and expense, shall take out and keep in force during the Term: (a) insurance upon property owned by it which is located on the Premises; (b) comprehensive insurance of the type commonly called general public liability, which shall include coverage for personal liability, contractual liability, Association's legal liability, non-owned automobile liability, abuse liability, bodily injury, death and property damage, all on an occurrence basis with respect to the Association's use and occupancy of the Premises, with coverage 74 7 for any one occurrence or claim of not less than $2,000,000, or such other amount as the City may reasonably require upon not less than six months notice at any time during the Term, which insurance shall include the City as a named insured and shall protect the City in respect of claims by the Association as if the City were separately insured; and (c) insurance against such other perils and in such amounts as the City may from time to time reasonably require upon not less than 90 days written notice, such requirement to be made on the basis that the required insurance is customary at the time for prudent tenants of similar properties. 36. All insurance required to be maintained by the Association hereunder shall be on Terms and with insurers to which the City has no reasonable objection. Each policy shall contain a waiver by the insurer of any rights of subrogation or indemnity or any other claim over to which the insurer might otherwise be entitled against the City or the agents or employees of the City, and shall also contain an undertaking by the insurer that no material change adverse to the City or the Association will be made, and the policy will not lapse or be cancelled, except after not less than thirty days written notice to the City of the intended change, lapse or cancellation. The Association shall furnish to the City, if and whenever requested by it, certificates or other evidences acceptable to the City as to the insurance from time to time effected by the Association and its renewal or continuation in force, together with evidence as to the method of determination of full replacement cost of the Associations Leasehold Improvements, trade fixtures, furniture and equipment, and if the City reasonably concludes that the full replacement cost has been underestimated, the Association shall forthwith arrange for any consequent increase in coverage required hereunder. If the Association shall fail to take out, renew and keep in force such insurance, or if the evidences submitted to the City pursuant to the preceding sentence are unacceptable to the City or no such evidences are submitted within a reasonable period after request therefore by the City then the City may give to the Association written notice requiring compliance with this section and specifying the respects in which the Association is not then in compliance with this section. If the Association does not, within 72 hours or such lesser period as the City may reasonably require having regard to the urgency of the situation, provide appropriate evidence of compliance with this section, the City may, but shall not be obligated to, obtain some or all of the additional coverage or other insurance which the Association shall have failed to obtain, without prejudice to any other rights of the City under this Lease or otherwise, and the Association shall pay all premiums and other expenses incurred by the City in that connection as additional rent pursuant to section 21 hereof. Limitation of City's Liability 37. The City shall not be liable for any bodily injury or death of any person, or loss or • 75 8 damage to any property belonging to the Association or its employees, invitees or licensees or its guests, or to any other person in, on or about the Premises, unless caused by the gross negligence of the City. Association's Indemnification of City 38. The Association shall indemnify and save harmless the City in respect of: (a) all actions, causes of actions, suits, liens, claims and demands whatsoever, which may arise either directly or indirectly by reason of any act or omission of the Association, its servants, licensees, invitees, members, guests, contractors or agents in the use or occupation of the Premises; (b) any loss, cost, expense or damage suffered or incurred by the City arising from any breach by the Association of any of its covenants and obligations under this Lease; (c) all costs, expenses and reasonable legal fees that may be incurred or paid by the City in enforcing against the Association the covenants, agreements and representations of the Association set out in this Lease; (d) The Association shall ensure that all permit holders using the Premises have a minimum of $2,000,000 third party general liability insurance that must be arranged through the permit application process and paid for by the permit holder. Article VII Remedies on Default City's Right to Re-Enter 39. If any amount payable to the City under this Lease shall remain unpaid for fifteen (15) days after the Association has received notice thereof, then it shall be lawful for the City at any time thereafter to re-enter the Premises. City's Right to Remedy Default 40. In addition to all other remedies the City may have under this Lease and in law, if the Association is in default of any of its obligations under this Lease, and such default has continued for a period of ten (10) days after receipt of notice by the Association (or such longer period as 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 • 76 9 which it may have with respect to such default, may remedy such default and the Association shall be responsible for all such costs. Waiver 41. No condoning, excusing or overlooking by the City of any default, breach or non-observance by the Association at any time or times in respect of any covenant, obligation or agreement under this Lease 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 Association save only an express waiver in writing. Article VIII Miscellaneous Quiet Enjoyment 42. The City shall permit the Association 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 Association is not in default. Right of Entry 43. The Association agrees to permit the City and authorized representatives of the City to enter the Premises at any time for the purpose of inspecting the Premises. The City shall use its best efforts to minimize the disruption to the Association's use of the Premises during any such entry. Signs 44. The Association 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 45. The Association, 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 Association or the making of any improvements to the Premises by the Association. . 77 10 Notice 46. Any notice required to be given by the City to the Association under this Lease shall be in writing and shall be delivered to the Premises or such other address of which the Association has notified the City in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. • 47. Any notice required to be given by the Association to 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 notifie d t he Association in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. 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. In Witness Whereof the parties have executed this Lease. The Corporation of the City of Pickering David Ryan, Mayor Debbie Shields, City Clerk Whitevale & District Residents' Association Scott Finlayson, President 78 Schedule A THE CORPORATION OF THE CITY OF PICKERING Engineering & Public Works Department Culture & Recreation Department MUNICIPAL ALCOHOL POLICY December 17, 2014 Purpose The purpose of this policy is to endeavor to ensure the appropriate management of the use and consumption of alcoholic beverages in municipally owned facilities; to avoid related problems and to ensure the safety and well being of all participants and to protect the Corporation, its employees and volunteers. 1. Definitions In this Policy, the term, (a) "Licensed function" means a function for which a permit has been issued by, or is otherwise licensed by, the Liquor License Board of Ontario at which alcoholic beverages may be consumed; (b) "Closed private licensed function" means a licensed function determined by the Director of Culture and Recreation to be closed to the general public and of a private nature; • (c) "Designated facility" means a City owned building, park, open space and associated parking lot designated by this policy as suitable for an indoor or outdoor licensed function; (d) "User" means a person, group or association to whom the City has granted written permission to use a designated facility for a licensed function and; (e) "Server" means any person serving alcohol 2. Designated Facilities (1) The following are designated facilities for indoor licensed functions: (a) Brougham Community Centre (b) Claremont Community Centre (c) Don Beer Sports Facility Community Centre (d) East Shore Community Centre (e) Front Street Centre (f) Green River Community Centre (g) Greenwood Community Centre 79 (h) Mount Zion Community Centre , (i) Pickering Civic Complex (j) Pickering Recreation Complex (k) Seniors Activity Centre (I) West Shore Community Centre (m) Whitevale Community Centre (n) Petticoat Creek Community Centre (o) Pickering Museum Village (2) The following are designated facilities for outdoor licensed functions: (a) Claremont Community Park (b) Dunmoore Park (c) Kinsmen Park (d) Pickering Museum Village 3. Alcohol Restrictions Within Designated Facilities All designated facilities defined in this policy shall be deemed a"public place" and as such, in accordance with Section 31 of the Liquor Licence Act, R.S.O. 1990, c.L. 19, no person shall have or consume or sell liquor in any designated facility unless a licence or permit is issued or unless specifically covered by an L.L.B.O. permit. 4. Safe Transportation (1) Only those users implementing a safe transportation strategy (e.g., a designated driver program, an alternate home transportation option) to prevent intoxicated participants from driving will be permitted to use designated facilities for licensed functions. (2) The Director may require a potential user to demonstrate that such a strategy will be implemented by the user if written permission to use the designated facility for a licensed function is granted. 5. No Alcohol and Low Alcohol.Drinks (1) Only users offering a sufficient quantity of no alcohol and low alcohol drinks will be permitted to use designated facilities for . licensed functions. (2) The Director may require a potential user to demonstrate-that such a strategy will be implemented by the user if written permission to use the designated facility for a licensed function is granted. 6. "Statement of Intoxication" Sign (1) Users of designated facilities for licensed functions shall display prominently in the facility a sign or signs indicating that it is illegal to • 2 80 • serve participants to a state of intoxication. Such signs shall read as follows: City of Pickering — Department of Engineering and Public Works Services— Culture and Recreation Department. Statement of Intoxication It is contrary to the Liquor Licence Act of Ontario to serve persons to intoxication. For this reason, servers in this facility are required to obey the law and not serve anyone to intoxication. Should you wish a no alcohol or low alcohol "breather" round, request a soft drink, coffee or smaller than usual portion of alcohol. (2) Signs shall be provided by the City to users for display by them in the designated facility during the licensed function. 7. Participant Controls (1) Only users providing sufficient controls to prevent underage, intoxicated or rowdy persons from entering the designated facility, to refuse service to such persons, and to remove such persons from the designated facility will be permitted to use designated facilities for licensed functions. (2) Such controls shall include the following: (a) Having a supervisor in charge of the licensed function present in the designated facility at all times during the function. (b) Having at least two monitors at each entrance to the licensed function at all-times during the function; (c) Accepting only an age of majority card, a photo driver's license or a passport as identification for entry; . (d) Having a monitor or monitors (other than entrance monitor) in the designated facility at all times during the function at least one monitor for every 200 participants; • (e) Using monitors and servers who are 19 years of age or older; (f) Using monitors and servers who do not consume alcohol during the function; and. (g) Providing a list of the names of supervisors, monitors and servers to the Director prior to the function. • 3 81 (3) The Director may require a potential user to demonstrate that such controls will be imposed by the user if written permission to use the designated facility for a licensed function is granted. 8. Supervisor, Monitor, and Server Training (1) Only users providing sufficient numbers of supervisors, monitors and servers that have attended an appropriate training course in server intervention will be permitted to use designated facilities for licensed functions. • (2) Such training should utilize CAMH course material, and mayy be provided, at a reasonable cost, through the Department of Culture and Recreation. (3) The Director may require a potential user to demonstrate that sufficient numbers of supervisors, monitors and servers that have attended such a course will be provided by the user if written permission to use the designated facility fora licensed function is granted. (4) Closed private licensed functions are exempt from this section of the policy; however, users of designated facilities for closed private licensed functions shall be encouraged to provide voluntarily properly trained supervisors, monitors and servers since such users are not exempt from responsibility for compliance with the law and for the sobriety and safety of participants. (5) All servers must be "Smart Serve Certified" 9. Insurance (1) Liability Insurance is a mandatory requirement for all individuals/community user groups utilizing city-owned or operated facilities-within the City of Pickering. All programs, meetings, recreational events, cultural and social events require liability insurance. Users groups can provide personal proof of insurance, a minimum of$2 million insurance, naming the City of Pickering as an additional insured, or purchase insurance through the City of Pickering, Facility User Group Program. Rates for insurance coverage will vary depending on risk factors, length of the activity, the number of participants, among other factors at the event. Any changes in activities by the user group must be reported to Facility Booking Staff for possible adjustments to the permit. Insurance information must be received and paid in full before the permit start date. Liability Insurance covers from the time and date reflected on the rental permit only: The extra fee for the liability insurance will be added to the rental agreement with the applicable taxes. 4 82 . (2) When a patron requests a facility/ice rental, facility booking staff members will confirm the event/function required on the permit. Facility staff will review the Liability Insurance User Group Rating •Schedule to determine the appropriate fee to be charged to the individual/community user group. users having a minimum of 2 000 000 third party general (3) Only $ , ( ) Y 9 p Y9 liability insurance coverage, naming the Corporation of the City of Pickering as an additional insured, will be permitted to use designated facilities for licensed functions. 10. Accountability • (1) Users of designated facilities for licensed functions shall display prominently in the facility a sign or signs informing participants of the following: • (a) The name, address and telephone number of the user; (b) The name, address and telephone number of the representative of the user responsible for the function; (c) The address and telephone number of the nearest Police Station; (d) The address and telephone number of the Liquor License Board of Ontario; and (e) The address and telephone number of the Department of Culture and Recreation • (2) A user that contravenes any City policy or procedure or any applicable law may be refused permission to use designated facilities for licensed functions, at the Director's discretion; Indefinitely, or • (a) Until the user can demonstrate to the Director's satisfaction that a further contravention shall not occur. 11. Promoting the Policy The Department of Culture and Recreation shall design and implement, • in P 9 consultation with CAMH, a strategy to orient all potential users to the requirements of this policy and to promote this policy to the community at large. . J:IFACILTMFAC1000WDSCWIunicipal Alcohol Polcy.DOC • 5 • 83 Schedule B Citti 00 Facility Rental Application PICKERING Conditions of Agreement 1) The City reserves the right to cancel any permit temporarily or permanently, should accommodation be required for special events, or in an emergency. 2) 50% of payment is due at time of booking. This is a non-refundable deposit. 3) Applicants must be members of authority in the organization seeking accommodation. 4) The facility is to be used only on the date(s) and time(s) specified, and only for the purpose named. No teen dances/parties, stags or stagettes are permitted in our halls. This permit is not transferrable. 5) The City will not be responsible for personal injury or damage or for,the loss or theft of clothing or equipment of the applicants, or anyone attending on the invitation of the applicant or any persons contracted by the applicant. 6) The applicant shall be responsible for the conduct and supervision of all persons admitted to the building(s) and grounds and shall see that all regulations contained herein are strictly observed. 7) Unnecessary noise which disturbs the peace, quiet, or comfort of any person in any type of residence, place of business, etc., in proximity to the facility shall not be permitted. 8) The exits must be kept free from obstruction in case of fire. a) The applicant must pay all damages arising from the use of the property. b) A damage/security deposit will be charged for all rentals, to be refunded at a later date, if no damage, excessive maintenance costs are incurred as a result of the facility rental. c) The applicant must pay such fees for extra work by custodians, etc., as the City may determine. 9) Games of chance, lottery, or gambling in any forms, contrary to law is strictly forbidden. • 10) It shall be the responsibility of the applicant to see that all persons admitted to the function being held, have vacated the premises promptly by 2:00 am. 11) If liquor of any type is to be served, sold or available at the function, the applicant must obtain all necessary permits and licenses and must adhere to the City of Pickering 'Alcohol Management Policy'. A copy of the liquor license must be posted on the wall during the function. 12) The City of Pickering requires every event have a minimum of$2,000,000 third party general liability insurance coverage. This insurance must be purchased as part of the rental process. 13) For all special occasion permits, only monitors and servers that possess a server intervention program certificate will be permitted to use the designated facility. Information is available at www.smartserve.org. Page 3 of 6 CR1101-04/28 84 Cm/ 00 A Facility Rental Application • PICKERING . 14) The licensor reserves the right to provide security personnel or Pay-Duty Police at the expense of the licensee, should the Supervisor, Facility Programs deem it necessary. 15) Hall cancellations are subject to a $35.00 administration fee. 16) All cancellations must be received in writing ninety days prior to the function, or the entire rental fee will be forfeited. 17) All rental rates are subject to increase. Post-dated cheques will not be accepted. 18) This contract is not valid unless it is signed and dated by the person renting the facility and returned as soon as possible to the Facility Booking Clerk. 19) Recreation Complex Staff will set-up the tables and chairs `provided' a diagram of the layout is submitted by the Monday preceding the function. You may obtain the diagrams at the Complex Information Desk. Any materials/articles dropped off prior to the function, or left after the function, must have prior approval from the Maintenance Department or designate. 20) If Complex Banquet Halls are rented, please use the outside entrance to Banquet Hall, do not use main Complex doors. Personal information contained on this form is collected pursuant to the Municipal Freedom of Information and Protection of Privacy Act and will be used for the purpose of administering facility rentals. Questions about this collection should be directed to the City Clerk, One The Esplanade, Pickering, ON L1V 6K7, 905.420.4611. HST applies to this Rental — Registration No. 108078593 • Page 4 of 6 CR 1101-04/28 • 85 A,I IACHMEN i 4, TO RE ORT#_,C..- C) _ S. v ‘., Vilie BROUGHAM o d . 1 IS% ,,,,. 0 0 \G 0 O(J 11111 S-c 10 O Y oo r SP ,NG . O ° a o O 2 1410 4 0 O �// � o SUBJECT BUILDING io Q SI 'C '• lb • 0 Q • it • ' • 0 O BROUG•AM CREEK i iii o 'CY' ENGINEERING&PUBLIC ATTACHMENT FOR CULTURE & WORKS DEPARTMENT CAPITAL PROJECTS& RECREATION REPORT CR 04-15 __ ��: INFRASTRUCTURE COMMUNITY ASSOCIATION LEASE AGREEMENTS N.T.S April 16/2015 BROUGHAM COMMUNITY HALL V CM CI N 1 I oC • 86 ATIA.CHMENT#_Co TO iEPOR #� 0'4 ^ ' S G F c, 0 <3 LAO � o 0 0 0 0 PLAY 0 0 . O . AREA r BASEBALL CI:3 RI DIAMOND SUBJECT BUILDING Q • P TENNIS • COURTS 9� Z PICKERING vlUSEU VI ��/,� VILLAGE •// . 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