HomeMy WebLinkAboutCS 22-18ate ,{,
DICKERING
Report to
Executive Committee
Report Number: CS 22-18
Date: April 3, 2018
From: Brian Duffield
(Acting) Director, Community Services
Subject: Beach Volleyball Court Licence Agreement
- Ontario Volleyball Association
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 Ontario Volleyball Association will be permitted to
operate beach volleyball programs in Diana, Princess of Wales Park for a 5 year term
beginning May 1, 2018 and ending September 30, 2022, 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, 2017
and ending September 30, 2021 (5 months per term for a total of 25 months).
At this time, Solstice Sport Inc. is seeking to terminate their licence agreement to enable the City
of Pickering to enter into a new 5 year licence agreement with Ontario Volleyball Association to
provide beach volleyball programs in Diana, Princess of Wales Park.
Under the terms of the licence agreement, Ontario Volleyball Association will be 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. Ontario Volleyball Association is
also responsible to ensure that 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 Ontario Volleyball Association to operate beach volleyball programs
for the period May 1, 2018 to September 30, 2022.
CS 22-18 April 3, 2018
Subject: Beach Volleyball Court Licence Agreement Page 2
Financial Implications: The revenue to be generated from Ontario Volleyball Association will
be the following:
i. $3,500 (plus HST) in 5 equal monthly installments of $700 (plus HST) in Year 1 of the
agreement (May 2018 to September 2018).
ii. $3,750 (plus HST) in 5 equal monthly installments of $750 (plus HST) in Year 2 of the
agreement (May 2019 to September 2019).
iii. $4,000 (plus HST) in 5 equal monthly installments of $800 (plus HST) in Year 3 of the
agreement (May 2020 to September 2020).
iv. $4,250 (plus HST) in 5 equal monthly installments of $850 (plus HST) in Year 4 of the
agreement (May 2021 to September 2021).
v. $4,500 (plus HST) in 5 equal monthly installments of $900 (plus HST) in Year 5 of the
agreement (May 2022 to September 2022).
Discussion: Ontario Volleyball Association is seeking to enter into a licence agreement with
the City of Pickering to operate beach volleyball programs on the five outdoor volleyball courts
located in Diana, Princess of Wales Park. The existing licence agreement with Solstice Sport Inc.
for a 5 year term from May 1, 2017 to September 30, 2021 (5 months per term for a total of 25
months) will be terminated by mutual consent of the City of Pickering and Solstice Sport Inc. The
Ontario Volleyball Association will enter into an new licence agreement to operate the beach
volleyball programs for a 5 year term beginning May 1, 2018 and ending September 30, 2022.
The beach volleyball courts at Diana Park meet the demand for beach volleyball within the City of
Pickering. Ontario Volleyball Association offers residents an opportunity to participate in
organized leagues, tournaments, clinics and camps in a manner that is satisfactory to the City of
Pickering.
The Ontario Volleyball Association is the provincial governing body for both indoor and outdoor
play, including beach volleyball. The Ontario Volleyball Association was ranked as Ontario's top
provincial sports organization by the Ministry of Tourism, Culture & Sport in 2017. In 2016, the
Ontario Volleyball Association launched its five year strategic plan with the intent of seeing
volleyball become a sport of choice in Canada. In the past year it has driven social media
presence up by 16% and unique membership up by 7%. The Ontario Volleyball Association
facilitates opportunities from grassroots development through youth competitions, all the way up to
international events that keep players competitive and stimulates growth, making the association
the ideal partner for the City of Pickering and the best choice for the residents of our City.
The beach volleyball programs and leagues offered by Ontario Volleyball Association are
complimentary to the City's summer sports program schedule. They offer our residents the
opportunity to play volleyball in an outdoor setting (beyond the existing fall, winter and spring
registered indoor volleyball programs provided by the Community Services Department).
CS 22-18
Subject: Beach Volleyball Court Licence Agreement
April 3, 2018
Page 3
The Director, Community Services recommends that the revised licence agreement set out in
Attachment 1 be initiated for a 5 year term beginning May 1, 2018 and ending September 30,
2022.
Attachment:
1. Draft Licence Agreement for Ontario Volleyball Association (May 1, 2018 to September 30,
2022)
BD:nm
Prepared/Approved/Endorsed By:
Pfl
16,c,,/'' Mari --r
Director, Community Services
Recommended for the consideration
of Pickering City Council
Tony Prevedel, P.Eng.
Chief Administrative Officer
Vete.. 14.., 2018
ATTACHMENT # TO REPORT # (-6c
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 2018
BETWEEN:
ONTARIO VOLLEYBALL ASSOCIATION
(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, 2018 and ending September 30, 2022.
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
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Park and the conduct of the businesses of the Club and of the City, including but
not limited to all applicable health and safety regulations governing the conduct
and operation of the Park.
5. The Club shall,
(a) be responsible for all costs related to or arising from the five (5) beach
volleyball courts;
(b) be responsible for all construction, maintenance, repair and operation
costs for all five (5) beach volleyball courts throughout the term of this
Agreement;
(c) deposit with the City, by April 1st of each Term, a certificate of insurance
verifying that a general liability insurance policy that includes non -owned
auto coverage in the amount of at least $2,000,000 is in place in respect of
injury to or death of one or more persons, or of damage to property, in a
form satisfactory to the City. The City must be added as an Additional
Insured to the general liability insurance policy;
(d) obtain consent from the City for its subcontractors and ensure that each of
its contractors and subcontractors complies with the insurance
requirements set out in this Agreement by obtaining similar types of
insurance and providing the Club with any policy of insurance or certificate
thereof. No subcontract entered into by the Club shall impose any
obligation or liability upon the City;
(e) indemnify the City from and against any and all costs, claims, liabilities
expenses, damages or injuries, including but not limited to any personal
injury, loss of life or damage to property occurring at any time in or on the
Park, however such loss, damage or injury may occur;
(f) keep the beach volleyball courts in good repair and safe conditions and to
maintain the courts and all lands comprising the Park at a high level of
cleanliness and safety;
(g) ensure that it uses the beach volleyball courts only during the operating
hours of 8:00 am to 10:00 pm, Monday through Sunday, in each calendar
year throughout the Term;
(h) refrain from serving alcohol or allowing the consumption of alcohol within
or around the Park unless the required liquor license/permit necessary to
permit the sale of alcohol for special occasions has been obtained by the
Club;
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(i)
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)
(m)
refrain from interfering with the enjoyment of Diana, Princess of Wales
Park by any member of the public;
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 in which 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 between May 1 and September 30 in each year
of the Term; and
(t) provide the City with a list of all the said programs.
6. The Operator shall pay license fees to the City the sum of the following:
(a) $3,500 (plus HST) in equal monthly installments of $700 (plus HST) on the
first day of the month for the first term (May 2018 to September 2018);
(b) $3,750 (plus HST) in equal monthly installments of $750 (plus HST) on the
first day of the month for the second term (May 2019 to September 2019);
3
(c) $4,000 (plus HST) in equal monthly installments of $800 (plus HST) on the
first day of the month for the third term (May 2020 to September 2020); and,
(d) $4,250 (plus HST) in equal monthly installments of $850 (plus HST) on the
first day of the month for the fourth term (May 2021 to September 2021).
(e) $4,500 (plus HST) in equal monthly installments of $900 (plus HST) on the
first day of the month for the fifth term (May 2022 to September 2022).
7. The City shall not be liable to the Club for any loss of or damage to the beach
volleyball courts, the Club's equipment, supplies or products, whether caused by
fire, theft, burglary or otherwise.
8. All property of the Club or members of the public at any time in the Park shall be
at the sole risk of the Club (or members of the public, as the case may be
provided that such member of the public has voluntarily assumed such risk which
transfer or risk shall be the responsibility of the Club) and the City shall not be
liable for any loss or damage thereto however occurring and the Club releases
the City from all claims and demands in respect of any such loss or damage.
9. The Club shall assume all liability and obligation for any and all loss, damage, or
injury, including death, to persons or property that happens as a result of or
arises out of the use and occupation of the Park by the Club or its members and
the Club shall at all times indemnify and save harmless the City from and against
all such loss, damage, or injury and all actions, suits, proceedings, costs,
charges, damages, expenses, claims or demands arising therefrom or connected
therewith.
10. (a) Notwithstanding the provisions of this Agreement, either party may
terminate this Agreement without cause upon thirty (30) days prior written
notice to the other provided that the Club shall remain liable to the City for
any damages, costs, losses and expenses incurred by the City as a result
of any breach of this Agreement by the Club;
(b) Notice of early termination may be given by personal delivery or registered
mail,
(i) in the case of the Club, to Ontario Volleyball Association c/o Jo-
Anne Ljubicic, 111-60 Scarsdale Road, Toronto, Ontario, M3B 2R7.
(ii) in the case of the City, to The City Clerk, The Corporation of the
City of Pickering, Pickering Civic Complex, One The Esplanade,
Pickering, ON L1V 6K7;
4
(c) Each party may re -designate 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
5
Ontario Volleyball Association
Jo -Anne Ljubicic, Executive Director
I have the authority to bind the corporation.
6
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Attachment for Community Services
Department Report CS -22-18
Sport Inc.
Ca, 4
PICKE R1 NG
SCALE: OAT.
N.T.S April 3, 2018
Beach Volleyball Court Licence Agreement - Solstice