HomeMy WebLinkAboutOES 36-02
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REPORT TO THE
FINANCE & OPERATIONS COMMITTEE
Report Number: OES 36-02
Date: September 11, 2002
From:
Stephen Reynolds
Division Head, Culture & Recreation
Subject:
Management Agreement with Claremont Lions Club
- Claremont Community Centre
- File: LS2004
Recommendation:
1. That Report OES 36-02 be received by Council and; that
2. A by-law be enacted to authorize the execution of a renewal management
agreement with the Claremont Lions Club to continue to provide management
services to the Corporation at the Claremont Community Centre for a three year
period.
Executive Summary:
The Claremont Lions Club have an existing Management Agreement for the Claremont
Community Centre. The Claremont Lions Club have requested to renew this
agreement for the next three years.
The Operations & Emergency Services Department recommend that a renewal
agreement be initiated with the Claremont Lions Club.
Financial Implications:
The City will receive 25% of the revenues generated from the Lions Club's use of the
facility every Saturday and on New Year's Eve throughout the term.
Background:
On August 8, 2002, Council enacted By-law 5726/02 to authorize the execution of a
Management Agreement with the Claremont Lions Club for the operation of the
Claremont Community Centre.
The Claremont Lions Club have requested to renew this agreement for the next three
years.
Report OES 36-02
Date: September 11, 2002
Subject: Management Agreement with Claremont Lions Club
03
Page 2
Although the City of Pickering has not received revenue from the Claremont Lions Club
in the previous agreement, the Lions Club have indicated their willingness to commence
tracking Saturday rentals at the Claremont Community Centre. The Claremont Lions
Club have agreed to pay the City 25% of the gross revenue collected for Saturday use
throughout the Term.
The Director of Operations & Emergency Services and Division Head, Culture &
Recreation recommend that a renewal agreement be initiated with the Claremont Lions
Club.
Enactment of the draft by-law attached will authorize the execution of a renewal lease
for a three year period in the form attached hereto as Schedule A. (Authority-
Municipal Act, R.S.O. 1990, c. MA5, Sections 191 (1) and 207(58)).
Attachments:
1. Draft By-law.
2. Schedule A.
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Steph~ R~~olds
Division 11ead, Culture & Recreation
Eve u
Director, Operations &
Services
SR:lg
Attachment
Copy: Chief Administrative Officer
Director, Corporate Services & Treasurer
City Solicitor
Recommended for the consideration of
Pickering City Council
I'
ATTACHMENT#--LTOREPORT# OE S 3~ ,-. Ó 2.
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THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO.
Being a by-law to authorize the execution of a
Management Agreement between The
Corporation of the City of Pickering and the
Claremont Lions Club respecting the
continued management of the Claremont
Community Centre by the Claremont Lions
Club.
WHEREAS, the City owns and operates a community centre known as the Claremont
Community Centre in the Hamlet of Claremont in the City of Pickering; and
WHEREAS, the Claremont Lions Club has provided its services, on certain terms and
conditions to the City as manager of the community centre and it is desirable to provide
for the continued provision of such services; and
WHEREAS, pursuant to the provisions of paragraph 207.58 and 191 of the Municipal
Act, R.S.O. 1990, chapter MA5, as amended, the Council of The Corporation of the City
of Pickering may pass by-laws for, among other things, maintaining, operating and
managing community recreation centres;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute a Management
Agreement in the form attached hereto as Schedule A, between the Corporation
of the City of Pickering and the Claremont Lions Club respecting the continued
management of the Claremont Community Centre by the Claremont Lions Club.
BY-LAW read a first, second and third time and finally passed this 7th day of October,
2002.
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
SCHEDULE A ATTACHHfNT# 2.. TOREPORT#.Ó~ S' 3~-02
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THIS MANAGEMENT AGREEMENT made October 7, 2002, pursuant to the provisions of sections
191(1) and 207.58 of the Municipal Act, RS.O. 1990, chapter MA5,
BET WEE N:
THE CLAREMONT LIONS CLUB
herein called the "Club"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE CITY OF PICKERING
herein called the "City"
OF THE SECOND PART.
WHEREAS, the City owns and operates a multi-facility community centre known as the Claremont
Community Centre, in the Hamlet of Claremont, in the City of Pickering, hereinafter referred to as the
"Community Centre" for the benefit of its citizens, particularly those residents in the Hamlet of
Claremont and surrounding area;
WHEREAS, the Club has provided certain management services to the City with respect to other
City-owned facilities located within the Hamlet of Claremont since November 5, 1979 and wishes to
also provide management services at the Community Centre;
NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consideration of the mutual
covenants and agreements herein contained anq the sum of Two (2.00) Dollars paid by each party to
the other (the receipt and sufficiency of which is hereby acknowledged), subject in the terms and
conditions hereinafter set out, the Parties hereto agree as follows:
1. DEFINITIONS
(1) For the purpose of this Agreement "Premises" shall mean:
(a) that portion of the Community Centre being composed of the multi-purpose hall, the
kitchen, the meeting room and adjacent hallways, washroom facilities and public
changerooms.
(2) For the purpose of this Agreement, "Management Services" shall mean:
(a) the leasing of the Premises, or parts thereof, from time to time during the Term of
this Agreement, to non-commercialleasees and third parties for non-profit functions,
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charity events, receptions and any other City-approved purposes in accordance with
the rental rates agreed to between the parties hereto in accordance with paragraph
7(e) of this agreement;
(b) the provision of caretaking and general maintenance services to the Premises at the
Club's expense, together with the provisions of all necessary cleaning and
maintenance supplies such as cleaning products, related paper products and
cleaning equipment;
(c) snow removal on all sidewalks, walkways and all other areas of pedestrian passage
at the Community Centre.
2. TERM
The Club shall have use of the Premises and shall provide the City with Management Services
to the satisfaction of the City for a three-year Term (the "Term") commencing on November 1,
2002 and ending on October 31,2005, unless earlier terminated.
3. MAINTENANCE
(a) The City shall be responsible for all inspections and preventative maintenance with
respect to the exterior of the Community Centre, the heating equipment, transformer,
parking lot and lights, exterior landscaping and the physical structure of the building
provided, however, that the Club shall be responsible for any damages or costs
incurred due to the misuse or negligence of the Club, its employees, invitees, servants,
agents, or others under its control and the Club shall pay to the City on demand the
expense of any repairs including the City's reasonable administration charge
necessitated by such negligence or misuse.
(b) The City shall be responsible for all day-to-day operating expenses of the Premises
including, hydro, water, heating, air conditioning, sewage disposal (including periodic
emptying of the septic tank) and garbage removal. The City shall provide grass cutting
and landscaping services and snow removal for the parking lot of the Community
Centre only. The Club shall be responsible for snow removal on all sidewalks,
walkways and other areas of pedestrian passage at the Community Centre.
4. SECURITY
The Club shall be responsible for the security of the Premises. The Club shall be responsible
for any costs incurred or arising due to the misuse or negligence of the Club, its employees,
invitees, servants, agents or others under its control and the Club shall pay to the City on
demand the expense of any repairs including the City's reasonable administration charges
necessitated by such negligence or misuse. The Club will ensure that no copies of the keys to
the Premises are made without the prior written consent of the City.
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5. CITY USE OF PREMISES
(a) Notwithstanding any other provIsIon of this Agreement, the City and the Club
acknowledge and agree that the City will have first right of refusal to use the Premises,
for the City's Culture and Recreation Division programs including the Claremont and
District Community Association program purposes or for any other City purpose
Monday through Thursday from 7:00 a.m. to 11 :00 p.m. throughout the Term, at no cost
to the City. This right will be exercised by the City on an "as needed" basis, on terms to
be arranged between the parties hereto. The City agrees to provide the Club with the
specific dates and times that the Premises will be required for City use, or for use by the
Claremont and District Community Association, at least one month in advance of the
required date. The Club will not be entitled to any rental fees or other remuneration
associated with the said use of the Premises by the City or by the Claremont and
District Community Association.
(b) The parties further agree that the City will have exclusive use of the Premises for City
programs every Friday from 5:00 p.m. to 12:00 midnight at no cost to the City.
6. USE & OCCUPANCY OF PREMISES BY THE CLUB
The Club agrees to use, and ensure that the use of the Premises is in accordance with the
City's Alcohol Management Policy and the City's rules and regulations which are attached
hereto as Schedules A and B.
(a) Sharinq of Use with Community Association
The parties herein acknowledge and agree that the Club shall have the exclusive use of
the Premises every Saturday throughout the year and New Year's Eve of each year
throughout the Term;
(b) Appearance of Premises
The Club agrees to maintain and operate the Premises so that they shall always be of
good appearance and suitable for the proper operation of the uses required to be
carried on therein and comparable with the standards of the best such uses, and in so
doing, to keep both the interior and exterior of the Premises clean, orderly and tidy, and
clear of all refuse, snow and ice;
(c) By-Laws
The Club agrees to comply, at its own expense, with all Municipal, Federal and
Provincial, sanitary, fire, health and safety laws, regulations and requirements
pertaining to the occupation and use of the Premises, the condition of the
improvements, trade fixtures, furniture and equipment installed by or on behalf of the
Club therein and the making by the Club of any repairs, changes or improvements
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therein, which repairs, changes or improvements, shall be pre-approved by the City in
accordance with the provisions of Clause 3 herein.
7. RENTAL REVENUES
(a) The Club shall pay to the City a fee equal to 25% of the gross revenue collected by the
Club for their use of the Premises on Saturdays throughout the Term.
(b) The Club shall retain 100% of the rental fees recovered for the Premises from all
leasees other than the City and the Claremont and District Community Association,
Monday through Thursday from 12:00 noon to 12:00 midnight for the months of
September to June and Monday through Friday 6:00 p.m. to 12:00 midnight for the
months of July and August.
(c) The applicable fee, as set out in 7(a) above, shall be paid by the Club to the City, in
lawful money of Canada, on March 31st, June 30th, September 30th and December 1st
of each year throughout the Term and at the address of the City set out in section
16(3)(a) or at such other place as the City shall from time to time designate.
(d) The Club shall submit a written report to the City quarter-yearly which shall include
financial statements setting out the details of the funds received by the Club from the
rental of the Premises.
(e) 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.
8. GENERAL COVENANTS
(1) The City covenants with the Club:
(a) for quiet enjoyment; and
(b) to observe and perform all covenants and obligations of the City herein.
(2) The Club covenants with the City:
(a) to pay rent; and
(b) to pay all applicable taxes, including business taxes and goods and services taxes;
and
(c) to observe and perform all covenants and obligations of the Club herein.
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9. PROHIBITION AGAINST ASSIGNMENT AND SUB-LETTING
The Club shall not assign this Management Agreement without the prior written consent of the
City which consent may be arbitrarily withheld.
10. LEASEHOLD IMPROVEMENTS & TRADE FIXTURES
(1) Definition of Leasehold Improvements
For purposes of this Management Agreement, the Term "Leasehold Improvements"
includes without limitation all fixtures, improvements, installations, alterations and
additions from time to time made, erected or installed by or on behalf of the Club in or
on the Premises, and whether or not moveable, with the exception of furniture and
equipment not of the nature of fixtures.
(2) Installation of Improvements & Fixtures
The Club shall not make, erect, install or alter any Leasehold Improvements or trade
fixtures, including lighting, in or on the Premises without having first obtained the City's
written approval. The Club's request for any approval hereunder shall be in writing and
accompanied by an adequate description of the contemplated work and, where
appropriate, working drawings and specifications thereof. All work to be performed in
the Premises shall be performed by competent contractors and subcontractors of whom
the City shall have approved, such approval not to be unreasonably withheld. All such
work shall be subject to inspection by and the reasonable supervision of the City, and
shall be performed in accordance with any reasonable conditions or regulations
imposed by the City and completed in a good and workmanlike manner in accordance
with the description of work approved by the City.
(3) Liens & Encumbrances on Improvements & Fixtures
In connection with the making, erection, installation or alteration of Leasehold
Improvements and trade fixtures and all other work or installations made by or for the
Club in or on the Premises, the Club shall comply with all the provisions of the
Construction Lien Act, and other statutes from time to time applicable thereto, including
any provision requiring or enabling the retention by way of hold-back of portions of any
sums payable, and except as to any such hold-back shall promptly pay all accounts
relating thereto. The Club shall not create any mortgage, conditional sale agreement or
other encumbrance in respect of its Leasehold Improvements or, without the consent of
the City, with respect to its trade fixtures nor shall the Club take any action as a
consequence of which any such mortgage, conditional sale agreement or other
encumbrance would attach to the Premises or any part thereof. If and whenever any
lien for work, labour, services or materials supplied to or for the Club or for the cost of
which the Club may be in any way liable or claims therefore shall arise or be filed or any
such mortgage, conditional sale agreement or other encumbrance shall attach, the Club
shall within 20 days after receipt of notice thereof procure the discharge thereof,
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including any certificate of action registered in respect of any lien, by payment or giving
security or in such other manner as may be required or permitted by law, and failing
which the City may in addition to all other remedies hereunder avail itself of its remedy
under section 12 hereof and may make any payments required to procure the
discharge of any such liens or encumbrances, shall be entitled to be reimbursed by the
Club as provided in section 12, and its right to reimbursement shall not be affected or
impaired if the Club shall then or subsequently establish or claim that any lien or
encumbrance so discharged was without merit or excessive or subject to any
abatement, set-off or defence. This subsection shall not prevent the Club from
mortgaging or encumbering its chattels, furniture or equipment not of the nature of
fixtu res.
(4) Additions and Alterations
The Club shall not make any alterations or additions to the Premises without the prior
written consent of the City's Director of Operations & Emergency Services. Any such
pre-approved alterations, additions, or fixtures shall be added to the City's inventory of
fixtures, and shall form part of the City's property. The Club acknowledges that it has
no claim to any such alteration, addition or fixture upon the Termination of this
Agreement.
11. INSURANCE & LIABILITY
(1) Club's Insurance
The Club shall take out and keep in force during the Term:
(a) comprehensive insurance of the type commonly called general public liability,
which shall include coverage for personal liability, contractual liability, Club's
legal liability, non-owned automobile liability, bodily injury, death and property
damage, all on an occurrence basis with respect to the Club's use and
occupancy of the Premises, with coverage for anyone 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 Club as if the City were separately insured; and
(b) 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.
All insurance required to be maintained by the Club 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
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employees of the City, and shall also contain an undertaking by the insurer that no
material change adverse to the City or the Club 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 Club 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 Club and its renewal or continuation in
force, together with evidence as to the method of determination of full replacement cost
of the Club's Leasehold Improvements, trade fixtures, furniture and equipment, and if
the City reasonably concludes that the full replacement cost has been underestimated,
the Club shall forthwith arrange for any consequent increase in coverage required
hereunder. If the Club 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 Club written notice
requiring compliance with this section and specifying the respects in which the Club is
not then in compliance with this section. If the Club 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 Club shall have failed to obtain, without prejudice to any other
rights of the City under this Lease or otherwise, and the Club shall pay all premiums
and other expenses incurred by the City in that connection as additional rent pursuant
to section 12 hereof.
(2) Limitation of City's Liability
The City shall not be liable for any bodily injury or death of, or loss or damage to any
property belonging to the Club or its employees, invitees or licensees or its guests, or
to any other person in, on or about the Premises.
(3) Club's Indemnification of City
The Club shall indemnify and save harmless the City in respect of:
(a) all actions, causes of actions, suits, claims and demands whatsoever, which may
arise either directly or indirectly by reason of any act or omission of the Lessee,
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 Club of any of its covenants and obligations under this
Management Agreement; and
(c) all costs, expenses and reasonable legal fees that may be incurred or paid by
the City in enforcing against the Club the covenants, agreements and
representations of the Club set out in this Management Agreement.
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12. CITY'S ACCESS
(1) The Club shall be responsible for minor repairs to the Premises, at its expense,
reasonable wear and tear, fire damage, lightning damage and storm damage excepted.
(2) The City shall be permitted at any time and from time to time to enter and to have its
authorized agents, employees and contractors enter the Premises for the purposes of
inspection, maintenance or making repairs, and the Club shall provide free and
unhampered access for the purpose, and shall not be entitled to compensation for any
inconvenience, nuisance or discomfort caused thereby, but the City in exercising its
rights hereunder shall proceed to the extent reasonably possible so as to minimize
interference with the Club's use and enjoyment of the Premises.
13. DELAY & NON-WAVER
(1) Unavoidable Delav
Except as herein otherwise expressly provided, if and whenever and to the extent that
either the City or the Club shall be prevented, delayed or restricted in the fulfillment of
any obligation hereunder in respect of the making of any repair, the doing of any work
or any other thing, other than the payment of rent or other monies due, by reason of:
(i) strikes or work stoppages;
(ii) inability to obtain any material, service, utility or labour required to fulfill such
obligation;
(iii) any statute, law or regulation of, or inability to obtain any permission from, any
government authority having lawful jurisdiction preventing, delaying or restricting
such fulfillment; or
(iv) other unavoidable occurrence,
the time for fulfillment of such obligation shall be extended during the period in which
such circumstances operates to prevent, delay or restrict the fulfillment thereof, and the
other party shall not be entitled to compensation for any inconvenience, nuisance or
discomfort thereby occasioned.
(2) Waiver
If either the City or the Club shall overlook, excuse, condone or suffer any default,
breach or non-observance by the other of any obligation hereunder, this shall not
operate as a waiver of such obligation in respect of any continuing or subsequent
default, breach or non-observance, and no such waiver shall be implied but shall only
be effective if expressed in writing.
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14. REMEDIES OF CITY
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(1) In addition to all rights and remedies of the City available to it in the event of any default
hereunder by the Club through improper compliance or non-compliance with any
obligation arising either under this or any other provision of this Management
Agreement or under statute or the general law,
(a) the City shall have the right at all times to remedy or attempt to remedy any
default of the Club, and in so doing may make any payments due or alleged to
be due by the Club to third parties and may enter upon the Premises to do any
work or other things therein, and in such event all expenses of the City in
remedying or attempting to remedy such default shall be payable by the Club to
the City as additional rent forthwith upon demand;
(b) the City shall have the same rights and remedies in the event of any non-
payment by the Club of any amounts payable by the Club under any provision of
this Management Agreement as in the case of a non-payment of rent; and
(c) if the Club shall fail to pay any rent or other amount from time to time payable by
it to the City hereunder promptly when due, the City shall be entitled, if it shall
demand it, to interest thereon at a rate of three per cent per annum in excess of
the minimum lending rate to prime commercial borrowers from time to time
current at the City's bank from the date upon which the same was due until
actual payment thereof.
(2) Remedies Cumulative
The City may from time to time resort to any or all of the rights and remedies available
to it in the event of any default hereunder by the Club, through improper compliance or
non-compliance with any obligation arising either under any provision of this
Management Agreement or under statute or the general law, all of which rights and
remedies are intended to be cumulative and not alternative, and the express provisions
hereunder as to certain right and remedies are not to be interpreted as excluding any
other or additional rights and remedies available to the City by statute or the general
law.
(3) Riqht of Re-Entry on Default or Termination
If and whenever the rent hereby reserved or other monies payable by the Club or any
part thereof shall not be paid on the day appointed for payment thereof, whether
lawfully demanded or not, and the Club shall have failed to pay such rent or other
monies within five (5) business days after the City shall have given to the Club notice
requiring such payment, or if the Club shall breach or fail to observe and perform any of
the covenants, agreements, provisos, conditions and other obligations on the part of the
Club to be kept, observed or performed hereunder, or if this Management Agreement
shall have become Terminated pursuant to any provision hereof, or if the City shall
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have become entitled to Terminate this Management Agreement and shall have given
notice Terminating it pursuant to any provision hereof, then and in every such case it
shall be lawful for the City thereafter to enter into and upon the Premises or any part
thereof in the name of the whole and the same to have again, repossess and enjoy as
of its former estate, anything in this Management Agreement contained to the contrary
notwithstanding.
(4) Termination & Re-Entry
(a) If and whenever the City becomes entitled to re-enter upon the Premises under
any provision of this Management Agreement the City, in addition to all other
rights and remedies, shall have the right to Terminate this Management
Agreement forthwith by leaving upon the Premises notice in writing of such
Termination.
(b) The Term of this Agreement may be terminated by either Part upon six month's
notice to the other in writing.
(c) The Term of this Agreement may be terminated by the City upon ten day's notice
to the Club in writing in the event that the insurance required to be provided in
section 11 of this Agreement is not provided or not kept in force.
(d) In the event that this Agreement is terminated by the City pursuant to subsection
(a), (b) or (c) above, the City shall honour any bookings previously made with the
Club for the use of the Premises after the effective date of termination.
(5) Payment of Rent, etc. on Termination
Upon the giving by the City of a notice, in writing, terminating this Management
Agreement, whether pursuant to this or any other provision of this Management
Agreement, this Management Agreement and the Term shall Terminate, rent and any
other payments for which the Club is liable under this Management Agreement shall be
computed, apportioned and paid in full to the date of such Termination, and the Club
shall immediately deliver up possession of the Premises to the City, and the City may
re-enter and take possession of them.
15. IMPROPER USE OF PREMISES; BANKRUPTCY
In case without the written consent of the City the Premises shall be used for any purpose
other than that for which they were leased, or occupied by any persons whose occupancy is
prohibited by this Management Agreement, or if the Premises shall be vacated or abandoned,
or remain unoccupied for fifteen (15) days or more while capable of being occupied; or if the
balance of the Term or any of the goods and chattels of the Club shall at any time be seized in
execution or attachment, or if the Club shall make any assignment for the benefit of creditors
or any bulk sale, become bankrupt or insolvent or take the benefit of any statute now or
hereafter in force for bankrupt or insolvent debtors, then in any such case the City may at its
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option Terminate this Management Agreement by leaving upon the Premises notice in writing
of such Termination and thereupon, in addition to the payment by the Club of rent and other
payments for which the Club is liable under this Management Agreement, rent for the current
month and the next ensuing 3 months shall immediately become due and paid by the Club.
16. MISCELLANEOUS PROVISIONS
(1) ReQistration of ManaQement AQreement
Neither the Club nor the City shall register this Management Agreement or a notice of
this Management Agreement.
(2) ManaQement AQreement Constitutes Entire AQreement
There are no covenants, representations, warranties, agreements or conditions express
or implied, collateral or otherwise forming part of or in any way affecting or relating to
this Management Agreement save as expressly set out in this Management Agreement;
this Management Agreement constitutes the entire agreement between the City and the
Club and may not be modified except as herein explicitly provided or except by
agreement in writing executed by the City and the Club.
(3) Notices
Any notice required or contemplated by any provision hereof shall be given in writing,
and
(a) if to the City, either delivered to the City Clerk personally or mailed by prepaid
registered mail addressed to The City Clerk, The Corporation of the City of
Pickering, Pickering Civic Complex, One The Esplanade, Pickering, Ontario L 1V
6K7;and
(b) if to the Club, either delivered to The Claremont Lions Club, c/o the President or
Secretary, at 1722 Joseph Street, Claremont, Ontario, L 1 Y 1 B5
Every such notice shall be deemed to have been given when delivered or, if mailed as
aforesaid, upon the third day after the day it is mailed. Either party may from time to
time by notice in writing to the other, designate another address in Canada as the
address to which notices are to be mailed to it.
(4 ) Interpretation
All of the provisions of this Management Agreement are to be construed as covenants
and agreements as though words importing such covenants and agreements were used
in each separate provision hereof, and the titles and captions appearing for the
provisions of this Management Agreement have been inserted as a matter of
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convenience and for reference only and in no way define, limit or enlarge the scope or
meaning of this Management Agreement or of any provision hereof.
(5) Extent of ManaQement AQreement ObliQations
This Management Agreement and everything herein contained shall enure to the
benefit of and be binding upon the respective heirs, executors, administrators and other
legal representatives, as the case may be, of each party hereto, and every reference
herein to any party hereto shall include the heirs, executors, administrators, and other
legal representatives of such party.
(6) Schedules
Schedules "A" and "B" attached hereto form part of this Agreement.
IN WITNESS WHEREOF the Parties hereto have executed this Indenture.
SIGNED, SEALED AND DELIVERED
THE CLAREMONT LIONS CLUB
THE CORPORATION OF THE CITY OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, City Clerk
],ILEGALSYClLS2004ILIONCLARIMGMT AGRE.DOC
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