HomeMy WebLinkAboutCS 05-17DICKERING
Report to
Council
Report Number: CS 05-17
Date: April 11, 2017
From: Marisa Carpino
Director, Community Services
Subject: Beach Volleyball Court Licence Agreement
- Solstice Sport Inc.
- File: A-1440-001
Recommendation:
1. That the Mayor and City Clerk be authorized to execute the Licence Agreement set out in
Attachment 1 of this Report to which Solstice Sport Inc. will be permitted to operate beach
volleyball programs in Diana, Princess of Wales Park for a 5 year term beginning May 1,
2017 and ending September 30, 2021, subject to minor revisions acceptable to the Director,
Community Services and the Director, Corporate Services & City Solicitor.
2. That the appropriate City officials be authorized to take the necessary actions as indicated in
this report.
Executive Summary: Solstice Sport Inc. operates Beach Volleyball programs on five outdoor
volleyball courts located in Diana, Princess of Wales Park. The existing licence agreement
between Solstice Sport Inc. and the City of Pickering is for a 5 year term beginning May 1, 2013
and ending April 30, 2018 (5 months per term for a total of 25 months).
At this time, Solstice Sport Inc. is seeking to execute a revised licence agreement for another 5
year term beginning May 1, 2017 and ending September 30, 2021 (5 months per term for a total of
25 months). This request is being made 1 year in advance of their current termination date
because Solstice Sports Inc. wishes to make upgrades to the beach volleyball courts this year but
would first like to enter into another 5 year commitment with the City before making this
investment.
Under the terms of the revised licence agreement, Solstice Sport Inc. is responsible to develop
youth and adult beach volleyball programs and to operate them from 8 am to 10 pm, Monday to
Sunday from May 1st to September 30th each year. Solstice Sport Inc. is also responsible to
ensure the courts are kept in a clean and tidy condition and to perform any necessary repairs that
result from the use of the beach volleyball courts.
The Community Services Department recommends that the licence agreement set out in
attachment 1 be initiated with Solstice Sport Inc. to operate beach volleyball programs for the
period May 1, 2017 to September 30, 2021.
CS 05-17 April 11, 2017
Subject: Beach Volleyball Court Licence Agreement Page 3
Attachments:
1. Draft Licence Agreement for Solstice Sport Inc. (May 1, 2017 to September 30, 2021)
2. Location Map
Prepared/Approved/Endorsed By:
Marisa Carping
Director, Community Services
:mc
Recommended for the consideration
of Pickering City Council
Tony Prevedel, P.Eng.
Chief Administrative Officer
QAC 1,2a�7
CORP0227-07/01 revised
ATIACHNENT #
TO REPORT # i 4
THIS LICENCE AGREEMENT made pursuant, to the provisions of Section 110 of the
Municipal Act, 2001, chapter 25 as of the 1st day of May 2017
BETWEEN:
SOLSTICE SPORT INC.
(hereinafter called the "Club")
OF THE FIRST PART
and
THE CORPORATION OF THE CITY OF PICKERING
(hereinafter called the "City")
OF THE SECOND PART
WHEREAS the City is the Owner of Diana, Princess of Wales Park, located at 1550
Diefenbaker Court, Pickering,
AND WHEREAS the Club is incorporated pursuant to the laws of the Province of
Ontario,
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the
mutual covenants and agreements contained herein, the parties hereto agree as
follows:
1. The parties hereto acknowledge and confirm that the recitals contained herein
are true in substance and in fact.
2. In this Agreement, the term,
(a) "Department" means the City's Community Services Department; and
(b) "Park" means that portion of Diana Princess of Wales Park as set out by
hatched lines on the sketch attached hereto and marked as Schedule A to
this agreement.
3. The City grants to the Club the exclusive use of the Park for beach volleyball
during the months of May 1St to September 30th both inclusive for the period
beginning May 1, 2017 and ending September 30, 2021.
4. The Club, its servants, contractors, subcontractors, agents and employees, shall
comply strictly with all applicable statutes, laws, by-laws, orders, rules,
regulations and policies now or hereinafter in force governing the operation of the
(1)
supply electrical power to the beach volleyball courts if required, at its own
expense, provided that in doing so it shall not interfere with any use of any
part of Diana, Princess of Wales Park (other than the Park);
(j) obtain the approval of the City's Director, Community Services before
altering, adding to or varying in any way all or any part of the Park;
(k) not advertise or place signage of any kind on the outside of the beach
volleyball courts, or on the fencing surrounding the courts, without the prior
approval of the City;
(1) refrain from interfering with the enjoyment of Diana, Princess of Wales
Park by any member of the public;
(m)
indemnify the City from and against any and all costs arising directly or
indirectly from or associated with the Club's operation including the use of
the Park by the Club;
(n) permit the City, its servants, agents and employees, to have access to the
Park at any time during the Term, whether or not the Club is operating, for
the purpose of conducting inspections of the courts;
(o) leave the Park in a neat, tidy and clean condition at the end of the Term,
and immediately repair or replace any damage to the Park resulting from
the placement or use of the beach volleyball courts;
(p)
be responsible for the development of and be the official organizer for
adult and youth beach volleyball programs — the Club will have exclusive
rights to these programs;
(q) be responsible, at its own expense, for all marketing of the said programs;
(r) monitor and control revenues for adult and youth registrations;
(s) operate the said programs from June 1 -mid September in each year of the
Term; and
(t) provide the City with a list of all the said programs.
The. Operator shall pay license fees to the City the sum of the following:
(a) $3,250 (plus HST) in equal monthly installments of $650 (plus HST) on the
first day of the month for the first term (from May 2017 to September 2017);
(b) $3,500 (plus HST) in equal monthly installments of $700 (plus HST) on the
first day of the month for the second term (May 2018 to September 2018);
3
(c) Each party may redesignate the person or the address, or both, to whom
or to which such notice may be given by giving written notice to the other;
(d) Any notice given in accordance with this section shall be deemed to have
been given on the second day following the day of delivery or the day of
mailing, as the case may be.
11. The Club shall not assign or sub -licence all or any portion of this Licence
Agreement without the City's written consent, which consent may be arbitrarily
withheld. Notwithstanding any permitted assignment or sub -licence, the Club
shall remain liable for compliance with all the requirements of this Licence
Agreement, including the payment of fees (paragraph 6) and the indemnification
of the City (paragraph 9).
12. This Agreement shall enure to the benefit of and be binding upon the parties
hereto and their respective heirs, administrators, executors, successors and
assigns.
IN WITNESS WHEREOF the parties have each executed this Agreement and have
affixed their respective corporate seals as of the date first written above.
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE CITY OF PICKERING
Debbie Shields, City Clerk
David Ryan, Mayor
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ENGINEERING SERVICES
Attachment for Community Services
Department Report CS 05-17
Beach Volleyball Court Licence Agreement - Solstice Sport Inc.
4
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PICKERING
SCALE:
N.T.S
DATE:
March 30 /2017