HomeMy WebLinkAboutCR 16-15 CL °0 : Report to
Executive Committee
PICKERING
Report Number: CR 16-15
Date: July 6, 2015
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From: Marisa Carpino
Director, Culture & Recreation
Subject: . Whitevale & District Residents' Association
- Lease Agreement
- File: A-1440
Recommendation:
1. That Report CR 16-15 of the Director, Culture & Recreation regarding the
Whitevale & District Residents' Association be received;
2. That the Mayor and City Clerk be authorized to execute the Lease Agreement with
Whitevale & District Residents' 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; and
3. That appropriate City of Pickering officials be authorized to take the necessary
action to give effect thereto.
Executive Summary: As per Council Resolution #47/15, staff have been
authorized to prepare a Lease Agreement to which Whitevale & District Residents'
Association (WDRA) will be permitted to repurpose the former Whitevale Library into the
Whitevale Arts & Cultural Centre to operate various arts and cultural community
programs, to be brought back to Council for consideration and approval.
As such, staff have prepared a draft Lease Agreement for Whitevale & District
Residents Association to operate the Whitevale Arts & Cultural Centre at the city owned
facility located at 475 Whitevale Road, formerly known as the Whitevale Library.
The Culture & Recreation Department recommends that the Lease Agreement included
' as Attachments 1 be initiated for a five year term beginning August 1, 2015 and ending
July 31, 2020.
Financial Implications: The City of Pickering's annual general maintenance and
operating costs to reopen the former Whitevale Library is estimated to be $6,525.
Hydro $1,475.00
Water Testing & Supplies $1,350.00
Septic Maintenance $1,100.00
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CR 16-15 July 6, 2015
Subject: Whitevale & District Residents' Association Page 2
Pest Control $ 500.00
General Maintenance $1,500.00
Contingency $ 600.00
Total $6,525.00
Please note that these costs exclude facility cleaning and leasehold improvements
which would be the responsibility of the Whitevale & District Resident's Association.
The City's costs also exclude any capital repairs (due to conditions of an aging facility)
because none have been identified at this time as an immediate need.
Discussion: . As per Council Resolution #47/15, staff have been authorized to
prepare a Lease Agreement to which Whitevale & District Residents' Association
(WDRA)will be permitted to repurpose the former Whitevale Library into the Whitevale
Arts & Cultural Centre to operate various arts and cultural community programs, to be
brought back to Council for consideration and approval.
As per the proposal of the Whitevale Arts & Cultural Centre Committee, the Whitevale
Arts & Cultural Centre will provide:
• meeting space for local and regional residents, arts and cultural groups
• display space to showcase local artists and their works
• workshop space for arts and cultural education programs
▪ facility space for media borrowing program
• focal point to enhance visitor,experience to the Hamlet of Whitevale
As such, staff have prepared a draft Lease Agreement for Whitevale & District
Residents' Association to operate the Whitevale Arts & Cultural Centre at the city owned
facility located at 475 Whitevale Road, which formerly functioned as the Whitevale
Library. Staff have consulted with the WDRA in the preparation of the draft Lease
Agreement.
Under the terms and conditions of the draft Lease Agreement, WDRA will be
responsible for the day-to-day maintenance and operating expenses of the premises
which includes caretaking, general supplies, telephone costs, garbage removal and
snow removal on all sidewalks, walkways and other areas of pedestrian passage.
WDRA will also be responsible for facility fixtures, equipment, furniture deemed
necessary to repurpose this facility for their use and for capital renovations
contemplated for their operation (subject to the approval of the City). WDRA are
required to maintain 5 million of general liability insurance.
The City of Pickering is responsible for utilities, water treatment systems and septic
systems which is estimated to be approximately$6,525 per year. Capital repairs are
dependent on the condition of the facility and, at this time, no capital upgrades have
been identified. But as the facility ages, capital repairs will be required to keep the
facility operational and suitable for public use.
CORP0227-07/01 revised
41
CR 16-15 July 6, 2015
Subject: Whitevale & District Residents' Association Page 3
The purpose of this report is to seek Council's authority to execute the Lease
Agreement with Whitevale & District Residents' 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.
Attachments:
1. Draft Whitevale & District Residents' Association Lease Agreement.
2. Whitevale Arts & Cultural Centre Committee proposal dated March 31, 2015.
3. Location Map.
Prepared/Approved/Endorsed By:
Marisa Car•-o
Director, Culture & Recreation
:mc
Recommended for the consideration
of Pickering City Council
ju,„, ,at a0(5
Tony Prevedel, P.Eng.
Chief Administrative Officer
CORP0227-07/01 revised
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ATTACHMENT# TO REPORT l�
Lease Agreement
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This Lease is made as of the 1st day of August, 2015.
Between:
The Corporation of the City of Pickering
(the "City")
and -
Whitevale & District Residents' Association
(the "Association")
Article
Interpretation
Definitions
1. In this Lease,
(a) "Commencement Date" means August 1, 2015;
(b) "Leaase" means this lease as it may be amended from time to time;
(c) "Premises" means the entire facility known as Whitevale Library located
at 475 Whitevale Road, 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.
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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
City this Lease,
the Ci 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, display space for artists and workshop space for artists
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and educational and cultural programs, and for no other purpose without the
prior written consent of the City which consent may be arbitrarily withheld.
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 fees for the rental of the
Premises at rates approved from time to time by the City.
15. The Association shall retain 1006/0 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.
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Article Ill
Term
Term
18. The term of this Lease shall be five (5)years from the Commencement Date to
July 31, 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.
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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.
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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 telephone fees and garbage removal. The Association shall not be
responsible for utilities.
29. 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.
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(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:
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35. (a) The Tenant covenants and agrees to indemnify and hold harmless the
Landlord, its Mayor and Councillors, employees, contractors, invitees and
agents from and against any and all Claims suffered or incurred by the
Landlord or its Mayor and Councillors, employees, contractors, invitees or
agents arising out of or in any way connected to the use of the Leased
Premises by the Tenant or its employees, invitees, directors, officers,
contractors, subcontractors, agents and those for whom it is in law
responsible (collectively, the "Tenant's Agents") and/or the exercise of the
rights granted herein and/or any negligent act or omission of the Tenant or
the Tenant's Agents and/or any breach or default by the Tenant or the
Tenant's Agents in the performance of any of its obligations pursuant to this
Lease including without limitation any damage to property (including
environmental contamination such as the introduction of Pollutants on the
Lands) or injury to a person or persons, including death. This indemnity shall
not merge and shall survive any termination of the License for a period of
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two (2) years from the expiry of the Term. The foregoing indemnity shall not
• apply to any claims to the extent caused directly by the gross negligence or
wilful misconduct of the Landlord, its employees, agents and those persons
for whom the Landlord is in law responsible.
(b) The Tenant covenants and agrees to indemnify and hold harmless the
Landlord for any Claims or liens brought by the Tenant's Agents, and will
forthwith cause to be withdrawn, discharge or vacate any notices of lien or
liens against the.Leased Premises as a result of materials supplied or
services rendered to the Leased Premises by the Tenant or the Tenant's
Agents by the posting of security or otherwise, and if the Tenant is unable to
do so the Landlord may, at its option, discharge or vacate any liens by
paying money into court and shall be fully reimbursed by the Tenant for all
costs (including legal fees and disbursements) and the Landlord's right to
reimbursement shall not be diminished, affected or impaired if the Tenant
then subsequently establishes or claims that the lien so discharged was
without merit or was excessive or was subject to any abatement, set-off or
defense.
36. The Tenant covenants to take out and keep in full force and effect throughout
the Term of this Lease:
(a) Commercial General Liability insurance in respect of the Leased Premises
and the operations of the Tenant therein against claims for Personal Injury,
Death or Property Damage or loss on an Occurrence Form and extended to
include Contractual Liability, Owner's and Contractor's Protective Coverage',
Products-Completed Operations, Contingent Employer's Liability, Broad
Form Property Damage, Hostile Fire, Cross Liability and Severability of
Interest, All Risk Tenant's Legal Liability and Non-Owned Automobile,
indemnifying and protecting the Landlord, its respective employees,
servants, agents, invitees or licensees, for a limit of not less than Five Million
Dollars ($5,000,000.00) each Occurrence and Aggregate with respect to
Products and Completed Operations. Such insurance shall specifically state
by its wording or by endorsement that:
(i) The Landlord is included as an additional insured under the policy;
(ii) The policy contains a cross-liability clause which shall have the effect of
insuring each person, firm or corporation named in the policy as an
insured in the same manner and to the same extent as if a separate
policy had been issued to each;
(iii)The Policy(ies) identified above shall apply as primary insurance and not
excess to any other insurance available to the Additional Insured.
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(b) Property insurance coverage in such amounts as required to adequately
cover the Tenant's property, equipment and other such property in the care,
custody and control of the Tenant.
37. The Association is responsible for insuring all of their equipment, contents, and
leasehold improvements including all contents, artifacts and artwork that is
owned by any other party that is on display at the Whitevale Library building or
within the Association's possession.
Such policies shall not be terminated, cancelled or materially altered adversely to the
Landlord's interest unless written notice of such termination, cancellation or material
adverse alteration is given by the insurers to the Landlord at least thirty (30) clear days
before the effective date thereof.
Prior to any entry upon the Leased Premises, the Tenant shall deliver to the Landlord a
certificate of insurance to evidence the insurance required under this Lease.
Article VII
Remedies on Default
City's Right to Re-Enter
38. 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
39. 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
40. 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
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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
41. 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
42. 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.
Sig ns
43. 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
n at its sole cost and expense, shall comply with all legal
44. The Association, p P Y 9
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
45. 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.
46. 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
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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
47. 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
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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
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(g) Greenwood Community Centre
(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 Onl 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
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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.
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(3) The Director may require a potential user to demonstrate that such
be imposed by the user if written
permission to use the
controls will b p
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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
vary coverage will va 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.
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(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\FACILfl FAC1000\MISC\Muniapal Alcohol Poky.DOC
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Schedule B •
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C1-6100 A . _ ,
• Facilit 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 of 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. f
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) Th.e 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.
1.0) Itshall 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 '
58 '
i;T`i ACHMEN`t"# 2 T O REPORT# GR ( ° t
March 31st,2015
'
WHITEVALE ARTS AND CULTURE CENTRE
Objective
To repurpose the former City of Pickering Whitevale Library Branch Building at 475 Whitevale Road in the Hamlet
of Whitevale so that it can re-establish its role as an invaluable cultural resource in the heart of our community.
Rationale
To create a dedicated space and secure facility for activities that cannot take place in the community centre,which is
available to be rented to the community and is therefore not suitable for the following activities:
• local book and media exchange,requiring permanent storage and display
• art(multimedia) display space for local artists •
• workshop space for art and culture programs,requiring storage of some supplies and equipment
Organization
• The.WDRA(Whitevale Residents and District Association)will oversee the operation of this facility
• Leadership will be provided by the existing working group (Don Anderson, Patricia Lowe, Betty Michaud and
Brigitte Sopher)representing the WDRA.
• The working group or Whitevale Art and Culture Centre Committee will be responsible for implementing the
proposed business plan and providing in-kind interior and exterior maintenance services including security,waste
management,shovelling,housekeeping,operating hours,fundraising activities and minor facility upgrades.
• A Whitevale Arts and Culture Centre membership program will be initiated giving members access to the facility,
programs and resources.
Proposed Operations (1st year will be a pilot year and operations may be adjusted to community use/needs)
• Open Thursday,Friday(2PM-5PM)and Saturday(10AM-4PM)providing access to media borrowing/art displays.
• Operate a storefront art display and space for small group activities (art talks,workshops on knitting, sketching or
drawing).Volunteer presenters work pro bono in first year (possibly for % of fee later on,with surplus going to
WDRA).
• Host literary activities,such as book and film clubs,readings and writing workshops.
Budget
The facility will operate on a fee for service model to ensure that the day to day operating and program costs are cov-
ered at no additional cost to the City above the general building operating costs approximated in this report.
•
59
•
•
•
•
Whitevale Arts and Culture Centre
2015
Expenditures Cash($) In-kind Comments
($)
Insurance Liability covered under WDRA insurance/art work covered by
artists
Promotion 150 . 300 Facebook Page,Web Page, Newsletter,Sign
Water Cooler,food service 150 150 Donation of coffee maker,etc...
Cleaning Supplies 100
Cleaning Costs 500 Provided by volunteers
Furnishing . 250 Donations from residents
Lighting,displays 400 •
Program operations/ 7200 Provided by volunteers($12.00 x 12 hrs x 50 weeks)
supervision
Internet and phone 1320 Note:based on 2011 costs of$1,248 adjusted to inflation
-could be run for first year from volunteer home at no cost
Media materials 1500 Donations of heritage resources, books and DVD's
Building Operations $6525 Operating costs provided by City of Pickering
$2120 $16425
•
Revenue
Membership 400 20 family memberships @$20
Workshop Fees 900 3 workshops given pro bono by volunteers with 6 participants @
$50(as a start for year 1).Goal is to give presenter a percentage
of fees in year 2
Benefactors 500 Secure$100 from 5 benefactors
Financial Donations 100 Donation Box to be used at openings and workshops •
Seed Money from WDRA 300 To be reimbursed to WDRA when program is well established
$2200
i I
60
Measurement of Success
• use of book and media borrowing program will' be 20/week by December 31, 2015
• number of memberships will reach 20 by December 31, 2015
• number of participants in workshops (minimum of 6) and visitors at art shows (75
visitors for each)
• financial self-sufficiency
Benefits to Pickering Community
• historical building is used, maintained and showcased
• book and media exchange
• variety of cultural community events offered in Whitevale
• support local community
This proposal has been prepared by the Whitevale Arts and Culture Centre Committee
(D.Anderson, P.Lowe, B. Michaud and B. Sopher)
61
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ENGINEERING&PUBLIC ATTACHMENT FOR CULTURE &
WORKS DEPARTMENT Cifg
CAPITAL PROJECTS& RECREATION REPORT CR 16-15
INFRASTRUCTURE WHITEVALE& DISTRICT RESIDENTS'
) SCALE ASSOCIATION V RICAN NIIC 7
N.T.S Ile 12/2015
62