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HomeMy WebLinkAboutCS 24-18DICKERING Report to Executive Committee Report Number: CS 24-18 Date: June 18, 2018 From: Marisa Carpino Director, Community Services Subject: Community Association Lease Agreements - Tennis Clubs - File: A-1440 Recommendation: 1. That the Mayor and City Clerk be authorized to execute the Lease Agreement with Amberlea Tennis Club set out in Attachment 1 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; 2. That the Mayor and City Clerk be authorized to execute the Lease Agreement with Dunmoore Tennis Club set out in Attachment 2 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; 3. That the Mayor and City Clerk be authorized to execute the Lease Agreement with Rosebank Tennis Club set out in Attachment 3 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; and 4. That the appropriate City officials be authorized to take the necessary actions as indicated in this report. Executive Summary: On April 22, 2014, Council approved Resolution #224/14 authorizing staff to prepare written facility agreements with various community associations regarding exclusive and/or regular use of City owned facilities; with each such agreement to be brought back to Council for consideration and approval. As such, staff have prepared five year lease agreements with Amberlea Tennis Club for their exclusive use of the two tennis courts, practice area and a storage facility at Shadybrook Park; Dunmoore Tennis Club for their exclusive use of the four tennis courts, practice area and a storage room within the washroom facility at Dunmoore Park; and, Rosebank Tennis Club for their exclusive use of the two tennis courts at Rick Hull Memorial Park. The Community Services Department recommends that each of the lease agreements included as Attachments 1, 2 and 3 be initiated for a five year term beginning July 1, 2018 and ending June 30, 2023. CS 24-18 June 18, 2018 Subject: Tennis Club Lease Agreements Page 2 Financial Implications: The City of Pickering is responsible to fund the general operating costs (such as utilities, garbage removal, maintenance and cleaning) of the courts within these City parks which are reflected annually within the Community Services Department's Current Budget (cost centre 2718). The City is also responsible for the capital costs to resurface or reconstruct these municipally owned tennis courts which vary year-to-year depending on need. For instance, Rosebank Tennis courts are scheduled to be reconstructed later this year as per the 2018 approved Capital Budget. Each of the aforementioned Tennis Clubs are responsible to fund the day-to-day costs to operate the Club, which includes program/office supplies, administrative and insurance costs. The Clubs are also responsible to supply, maintain, repair and/or replace furniture, appliances and equipment at its expense, in order to operate its activities, The Club shall pay annual charges for hydro use to the City for each of the tennis courts on site as per the City's General Municipal Fees By-law. Discussion: Amberlea Tennis Club, Dunmoore Tennis Club and Rosebank Tennis Club offer a wide variety of leagues, events, lessons and community outreach programs for adults and juniors at all skill levels. Recently, these tennis clubs have dedicated significant time and effort into developing youth tennis programing. To date, these tennis clubs have operated their activities exclusively from activity and storage rooms located the aforementioned parks under a verbal agreement with the City of Pickering. During this time, all the Clubs have operated their activities in a diligent and conscientious manner that has satisfied the City. The City of Pickering offers two tennis courts that are available to the general public at no cost and they are located at Village East Park and Claremont Park. The City's recently approved Recreation and Parks Master Plan recommends that we explore potential amalgamation of tennis clubs and the consolidation of court supply so more courts are available to the general public at no cost. That said, Amberlea Tennis Club, Dunmoore Tennis Club and Rosebank Tennis Club are very active•clubs with significant memberships and as such were not among those recommended for consideration in the Master Plan. As per Council Resolution #224114, City staff have prepared written Lease Agreements to document these longstanding verbal agreements. As per the terms and conditions of the attached written agreements, the Tennis Clubs shall use the premises for non-profit, charity events or non- commercial receptions of the Clubs, at their costs. The Tennis Clubs will also maintain insurance in the amount of two million dollars. The City is responsible for all day-to-day operating expenses of the respective parks including garbage removal and regular maintenance, The City is also responsible for the capital replacement costs of the perimeter fencing, lighting and the courts surfacing. The Community Services Department recommends that the Lease Agreements included as Attachment 1 to 3 be initiated for a five year term beginning July 1, 2018 and ending June 30, 2023. CS 24-18 June 18, 2018 Subject: Tennis Club Lease Agreements Page 3 Attachment: 1. Draft lease Agreement with Amberlea Tennis Club 2. Draft Lease Agreement with Dunmoore Tennis Club 3. Draft Lease Agreement with Rosebank Tennis Club Rob Gagen Supervisor, Parks Operations RG Approved/Endorsed By: Maris arpino Director, Community Services Recommended for the consideration of Pickering City Council Tony Pre • el, ng. Chief Administrative Officer CORP0227-07/O1 revised ACHh1EN41 #__LTO REPORT 4 ,D)14 1 Lease Agreement This Lease is made as of the 1st day of July, 2018. Between: The Corporation of the City of Pickering (the "City") - and Amberlea Tennis Club (the "Club") Article 1 Interpretation Definitions 1. In this Lease, (a) "Commencement Date" means July 1, 2018; (b) "Lease" means this lease as it may be amended from time to time; (c) "Premises" means that portion of the two tennis courts, practice area, storage bunkers,Twithin Shadybrook Park therein as shown on Schedule "A" attached hereto, located at 1905 Shadybrook Drive, in the City of Pickering, Regional Municipality of Durham; (d) "Rent" means the rent payable pursuant to Section 19; and (e) "Term" means the term of this Lease as set out in Section 15. 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. 2 Severability 3. 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 4. 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 5. This Lease shall be governed by, aha interpreted and enforced in accordance with, the laws in force in the Province of Ontario. Entire Agreement 6. 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 7. In consideration of the performance by the Club of its obligations under this Lease, the City leases the Premises to the Club for its use during the Term. The club acknowledges its right to use the seasonal, portable washrooms facilities is non-exclusive. Club Use of Premises 8. The Premises shall be used only for non-profit tennis club, at its expense and for no other purpose without the prior written consent of the City. Nuisance 9. The Club 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 or other users of Shadybrook Park. 3 City Use of Premises 10. Subject to section 8, the City shall have right of first refusal to use the Premises. The Club shall not be entitled to any rental fees or other remuneration associated with the use of the Premises by the City. Assignment and Subletting 11. The Club shall not assign this Lease or sublet all or any portion of the Premises without the prior written consent of the City. Licences 12. The Club may not grant licences to use the Premises. 13. The Club shall submit their annual financial statement to the City by December 1St of each year. 14. The Club shall submit a list of the Club Board of Directors and their contact information to the City by December 1st of each year. Article III Term Term 15. The term of this Lease shall be five (5) years from the Commencement Date to June 30, 2023. 16. The City may terminate this Lease at any time for any reason provided it has given the Club six (6) months prior notice in writing. 17. The Club may terminate this Lease at any time for any reason provided it has given the Club six (6) months prior notice in writing. Overholding 18. If the Club 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 Club 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. 4 Article IV Rent Rent 19. The Club shall pay to the City as rent for the entire the Term in lawful money of Canada the sum of One (1) Dollar ($1.00) Utilities 20. The club shall pay annual charges to the City for each of the tennis courts on site for hydro use. This amount shall be paid on or before April 1 in each year of the term. Annual charges are subject to The General Municipal Fees By-law Gross Lease 21. 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 22. The Club shall maintain and operate the Premises so that they shall always be of good appearance, safe and suitable for the proper operation of the Premises. 23. The Club shall provide general maintenance services to the Premises at its expense and shall provide all necessary cleaning and maintenance supplies and cleaning equipment related to the courts and any associated building under their exclusive use. The Club, at its sole expense shall provide the court nets and any shade screening. This would include installation, removal and storage each year. 24. The City or its designate, shall be responsible for all day-to-day operating expenses including garbage removal, bleachers, benches, fencing, any building associated with use of the courts, lighting and the court surface life cycle replacement. 25. 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. 5 26. The Club shall immediately notify the City of any unsafe conditions on the Premises. Security 27. The Club shall be responsible for the gate lock and shall ensure that the gate is properly locked at the end of each day during the tennis season. The Club will ensure that any key or combination to any lock are provided to the City for maintenance and inspection access. Alterations/Improvements to Premises 28. The Club shall only be permitted to make alterations and improvements to the Premises that have been approved by the City. Article VI Insurance and Indemnity Club's Insurance 29. The Club, at its sole cost and expense, shall take out and maintain, (a) insurance upon property owned by it which is located on the Premises; and (b) commercial general liability insurance pertaining to the Club's liability to others in respect of injury, death or damage to property occurring upon, in or about the Premises. Such insurance to be of an amount which is reasonable and sufficient having regard to the scope of the risk and the current practice of prudent owners of similar premises for the carrying on of similar businesses, but in any event in an amount not less than two million dollars ($2,000,000.00) for claims arising out of one occurrence. Such policy shall also name the City as an additional named insured and may not be cancelled unless prior notice by registered letter has been given to the City by the insurer 30 days in advance of the expiry date. 30. Prior to the Commencement Date, the Club shall file with the City a Certificate of Insurance in a form satisfactory to the City Treasurer, verifying that the commercial general liability insurance policy is in effect and setting out the essential terms and conditions of the insurance. 31. The provision of the insurance policy required by this section shall not relieve the Club from liability for claims not covered by the policy or which exceed its limits, if any, for which the Club may be held responsible. 6 Insurance Risks 32. The Club shall not do, omit to do, or permit to be done or omitted to be done upon the Premises anything that may contravene or be prohibited by any of the City's insurance policies in force from time to time covering or relevant to any part of the Premises or which would prevent the City from procuring its policies with companies acceptable to the City. If the conduct of business in the Premises or any acts or omissions of the Club on the Premises causes or results in any increase in premiums for any of the City's insurance policies, the Club shall pay such increase to the City. Indemnification 33. Each of the City and the Club shall indemnify and save harmless the other from and against any and all actions, losses, damages, claims, costs and expenses (including solicitors' fees on a solicitor and client basis) to which the party being indemnified shall or may become liable by reason of any breach, violation or non-performance by the party so indemnifying of any covenant, term or provision of this Lease or by reason of any damage, injury or death occasioned to or suffered by any person or persons including the City or the Club, as the case may be, or any property by reason of any wrongful act, neglect or default on the part of the party so indemnifying or any of those persons for whom it is in law responsible. For greater certainty, the limitation of liability set out above in this section does not extend to claims, losses or damages resulting in whole or in part from the gross negligence or wilful misconduct of the party claiming indemnification, its employees or those for whom it is in law responsible. Article VII Remedies on Default City's Right to Re -Enter 34. If any amount payable to the City under this Lease shall remain unpaid for fifteen (15) days after the Club 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 35. In addition to all other remedies the City may have under this Lease and in law, if the Club 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 Club (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 Club shall be responsible for all such costs. 7 Waiver 36. No condoning, excusing or overlooking by the City of any default, breach or non -observance by the Club at any time or times in respect of any covenant, obligation or agreement under this Lease shall operate as a waiver of the City's rights hereunder in respect of any continuing or subsequent default, breach or non -observance, or so as to defeat or affect in any way the rights of the City in respect of any such continuing or subsequent default or breach, and no waiver shall be inferred from or implied by anything done or omitted by the Club save only an express waiver in writing. Article VIII Miscellaneous Quiet Enjoyment 37. The City shall permit the Club 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 Club is not in default. Right of Entry 38. The Club agrees to permit the City and authorized representatives of the City to enter the Premises during normal business hours or in an emergency for the purpose of inspecting and or maintaining the Premises. The City shall use its best efforts to minimize the disruption to the Club's use of the Premises during any such entry. Signs 39. The Club 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 40. The Club, at its sole cost and expense, shall comply with all legal requirements (including statutes, laws, by-laws, regulations, ordinances, orders, rules and regulations of every governmental authority having jurisdiction) that relate to the use of the Premises by the Club or the making of any improvements to the Premises by the Club. Notice 41. Any notice required to be given by the City to the Club under this Lease shall be in writing and shall be delivered to or such other address of which the Club has 8 notified the City in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. 42. Any notice required to be given by the Club to the City under this Lease shall be in writing and shall be delivered to The Corporation of the City of Pickering, Pickering Civic Complex, One The Esplanade, Pickering, Ontario (Attention: City Clerk) or such other address of which the City has notified the Club in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. Successors and Assigns 43. This Lease shall enure to the benefit of and be binding upon the parties and their respective successors (including any successor by reason of amalgamation or statutory arrangement) and permitted assigns. Schedules 44. Schedules "A" attached hereto form part of this Agreement. In Witness Whereof the parties have executed this Lease. The Corporation of the City of Pickering David Ryan, Mayor Debbie Shields, City Clerk Amberlea Tennis Club Rosemary Aiken, President Sue Peschke, Secretary �r GARB. CAN GARB CAN BLEACHER PRECAST BLINKERS GARB. CAN 0 0 SPORT LIGHT (3) JR. Sc SR. — �. PLAY AREA WITH 0 0 7--F-( SWING BENCH SOCCER PffCH SJR.) PORT LIGHT (I) PORT IJGHT (2) G kB N 11 SOCCER PITCH (JR.) ASPHALT PATH #2 BENCH GARB. 'CAN CB0 GARB. CAN CONCRETE PATH • I FrcACHE7JLE =MAME P.11.11.ft SHADYBROOOK PARK WPM IN INdir �.W P-014 S4EET 1 OF 1 J J i I I ACHMEM #, - TO REPORTc. 2 1 1t9 Lease Agreement This Lease is made as of the 1st day of July, 2018. Between: Definitions 1. In this (a) (b) (c) (d) (e) Headings The Corporation of the City of Pickering (the "City") - and - Dunmoore Tennis Club (the "Club") Article 1 Interpretation Lease, "Commencement Date" means July 1, 2018; "Lease" means this lease as it may be amended from time to time; "Premises" means that portion of the four tennis courts, within Dunmoore Park therein as shown on Schedule "A" attached hereto, located at 680 Callahan Street, in the City of Pickering, Regional Municipality of Durham; "Rent" means the rent payable pursuant to Section 18; and "Term" means the term of this Lease as set out in Section 15. 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. 2 Severability 3. 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 4. 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 5, This Lease shall be governed by, and interpreted and enforced in accordance with, the laws in force in the Province of Ontario. Entire Agreement 6. 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 11 Grant and Use Grant 7. In consideration of the performance by the Club of its obligations under this Lease, the City leases the Premises to the Club for its use during the Term. The club acknowledges its right to use the washrooms facilities is non-exclusive. Club Use of Premises 8. The Premises shall be used only for non-profit tennis club, at its expense and for no other purpose without the prior written consent of the City, Nuisance 9. The Club 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 or other users of Dunmoore Park. 3 City Use of Premises 10. Subject to section 9, the City shall have right of first refusal to use the Premises. The Club shall not be entitled to any rental fees or other remuneration associated with the use of the Premises by the City. Assignment and Subletting 11. The Club shall not assign this Lease or sublet all or any portion of the Premises without the prior written consent of the City. Licences 12. The Club may not grant licences to use the Premises. 13. The Club shall submit their annual financial statement to the City by Novemberlst of each year. 14. The Club shall submit a fist of the Club Board of Directors and their contact information to the City by November 1St of each year. Article III Term Terre 15. The term of this Lease shall be five (5) years from the Commencement Date to June 30, 2023. 16. The City may terminate this Lease at any time for any reason provided it has given the Club six (6) months prior notice in writing. Overholding 17. If the Club 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 Club 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. 4 Article IV Rent Rent 18. The Club shall pay to the City as rent for the entire the Term in lawful money of Canada the sum of One (1) Dollar ($1.00) Utilities 19. The club shall annual charges to the City for each of the tennis courts on site for hydro use. This amount shall be paid on or before April 1 in each year of the term. Annual charges are subject to The General Municipal Fees By-law Gross Lease 20. 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 21. The Club shall maintain and operate the Premises so that they shall always be of good appearance, safe and suitable for the proper operation of the Premises. 22. The Club 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 related to the courts and any associated building under their exclusive use. 23. The Club, at its sole expense shall provide the court nets and any shade screening. This would include installation, removal and storage each year. 24. The City or its designate, shall be responsible for all day-to-day operating expenses including garbage removal, bleachers, benches, fencing, plumbing, any building associated with use of the courts, lighting and the court surface life cycle replacement. 25. 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 5 expense of any repairs including the City's reasonable administration charge necessitated by such negligence or misuse. 26. The Club shall immediately notify the City of any unsafe conditions on the Premises. Security 27. The Club shall be responsible for the security of the Premises. The Club will ensure that a key or combination to any lock are provided to the City for maintenance and inspection access. Alterations/Improvements to Premises 28. The Club shall only be permitted to make alterations and improvements to the Premises that have been approved by the City. Article VI Insurance and Indemnity Club's Insurance 29. The Club, at its sole cost and expense, shall take out and maintain, (a) insurance upon property owned by it which is located on the Premises; and (b) commercial general liability insurance pertaining to the Club's liability to others in respect of injury, death or damage to property occurring upon, in or about the Premises, and abuse insurance. Such insurance to be of an amount which is reasonable and sufficient having regard to the scope of the risk and the current practice of prudent owners of similar premises for the carrying on of similar businesses, but in any event in an amount not less than two million dollars ($2,000,000.00) for claims arising out of one occurrence. Such policy shall also name the City as an additional named insured and may not be cancelled unless prior notice by registered letter has been given to the City by the insurer 30 days in advance of the expiry date. 30. Prior to the Commencement Date, the Club shall file with the City a Certificate of Insurance in a form satisfactory to the City Treasurer, verifying that the commercial general liability insurance policy is in effect and setting out the essential terms and conditions of the insurance. 6 31. The provision of the insurance policy required by this section shall not relieve the Club from liability for claims not covered by the policy or which exceed its limits, if any, for which the Club may be held responsible. Insurance Risks 32. The Club shall not do, omit to do, or permit to be done or omitted to be done upon the Premises anything that may contravene or be prohibited by any of the City's insurance policies in force from time to time covering or relevant to any part of the Premises or which would prevent the City from procuring its policies with companies acceptable to the City. If the conduct of business in the Premises or any acts or omissions of the Club on the Premises causes or results in any increase in premiums for any of the City's insurance policies, the Club shall pay such increase to the City. Indemnification 33. Each of the City and the Club shall indemnify and save harmless the other from and against any and all actions, losses, damages, claims, costs and expenses (including solicitors' fees on a solicitor and client basis) to which the party being indemnified shall or may become liable by reason of any breach, violation or non-performance by the party so indemnifying of any covenant, term or provision of this Lease or by reason of any damage, injury or death occasioned to or suffered by any person or persons including the City or the Club, as the case may be, or any property by reason of any wrongful act, neglect or default on the part of the party so indemnifying or any of those persons for whom it is in law responsible. For greater certainty, the ;imitation of liability set out above in this section does not extend to claims, losses or damages resulting in whole or in part from the gross negligence or wilful misconduct of the party claiming indemnification, its employees or those for whom it is in law responsible. Article VII Remedies on Default City's Right to Re -Enter 34. If any amount payable to the City Under this Lease shall remain unpaid for fifteen (15) days after the Club 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 35. In addition to all other remedies the City may have under this Lease and in law, if the Club 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 Club (or 7 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 Club shall be responsible for all such costs. Waiver 36. No condoning, excusing or overlooking by the City of any default, breach or non -observance by the Club at any time or times in respect of any covenant, obligation or agreement under this Lease shall operate as a waiver of the City's rights hereunder in respect of any continuing or subsequent default, breach or non -observance, or so as to defeat or affect in any way the rights of the City in respect of any such continuing or subsequent default or breach, and no waiver shall be inferred from or implied by anything done or omitted by the Club save only an express waiver in writing. Article VIII Miscellaneous Quiet Enjoyment 37. The City shall permit the Club 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 Club is not in default. Right of Entry 38. The Club agrees to permit the City and authorized representatives of the City to enter the Premises during normal business hours or in an emergency for the purpose of inspecting and or maintaining the Premises. The City shall use its best efforts to minimize the disruption to the Club's use of the Premises during any such entry. Signs 39. The Club may only erect signs on the Premises with the City's prior approval. All such signs shalt be removed from the Premises at the end of the Term. 8 Compliance with Laws 40. The Club, at its sole cost and expense, shall comply with all legal requirements (including statutes, laws, by-laws, regulations, ordinances, orders, rules and regulations of every governmental authority having jurisdiction) that relate to the use of the Premises by the Club or the making of any improvements to the Premises by the Club. Notice 41. Any notice required to be given by the City to the Club under this Lease shall be in writing and shall be delivered to or such other address of which the Club has notified the City in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. 42, Any notice required to be given by the Club to the City under this Lease shall be in writing and shall be delivered to The Corporation of the City of Pickering, Pickering Civic Complex, One The Esplanade, Pickering, Ontario (Attention: City Clerk) or such other address of which the City has notified the Club in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. Successors and Assigns 43. This Lease shall enure to the benefit of and be binding upon the parties and their respective successors (including any successor by reason of amalgamation or statutory arrangement) and permitted assigns. Schedules 44. Schedules "A" attached hereto form part of this Agreement. In Witness Whereof the parties have executed this Lease. The Corporation of the City of Pickering David Ryan, Mayor Debbie Shields, City Clerk 9 Dunmoore Tennis Club Craig Rowsell, President Debbie Woods, Secretary (r r1 PLAY ARE CAN WITH SWING ASPHALT PARKING LOT H LIGHT 0 - a SPORT LIGHT (I ) CALLAHAN SPORT LIGHT (24) SPORT uGHT (is) SPORT ucHr (s5) BASERALL DIAMOND (`X-) SPORT MKT (11) MH❑ STREET 0141H PORT LIGHT (23) SOCCER PITCH (SR.) SPORT LIGHT (14) SPORT QuOatT (25) SPORT AUGHT (2g) SPORT emir (27) SPORT AUGHT (2C) GRAV. PARKING LOT trAse 6RE-E-44,eiv; UNE- 1 ., 9tiSERALL BENCH OWAONO (JR.) m cn a 8 DUNIMOORE PARK .. .,. a2 AO ••• ~ P-025 SHEET 2 OF 2 Arl HCHIviEN t iL ? ft REPOFO # O -/ Lease Agreement This Lease is made as of the V day of July, 2018. Between: The Corporation of the City of Pickering (the "City") - and - Rosebank Tennis Club (the "Club") Article I Interpretation Definitions 1. In this Lease, (a) "Commencement Date" means July 1, 2018; (b) "Lease" means this lease as it may be amended from time to time; (c) "Premises" means that portion of the two tennis courts, on Durham District School Board Property abutting Rick Hull Memorial Park therein as shown on Schedule "A" attached hereto, located at 575 Rosebank Road, in the City of Pickering, Regional Municipality of Durham; (d) "Rent" means the rent payable pursuant to Section 18; and (e) "Term" means the term of this Lease as set out in Section 15. 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. 2 Severability 3. 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 4. 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 5. This Lease shall be governed by, and interpreted and enforced in accordance with, the laws in force in the Province of Ontario. Entire Agreement 6. 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 7. In consideration of the performance by the Club of its obligations under this Lease, the City leases the Premises to the Club for its use during the Term. Club Use of Premises 8. The Premises shall be used only for non-profit tennis activities, at its expense and for no other purpose without the prior written consent of the City. Nuisance 9. The Club 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 or other users of Rick Hull Memorial Park. 3 City Use of Premises 10. Subject to section 9, the City shall have right of first refusal to use the Premises. The Club shall not be entitled to any rental fees or other remuneration associated with the use of the Premises by the City. Assignment and Subletting 11. The Club shall not assign this Lease or sublet all or any portion of the Premises without the prior written consent of the City. Licences 12. The Club may not grant licences to use the Premises. 13. The Club shall submit their annual financial statement to the City by November 1St of each year. 14. The Club shall submit a list of the Club Board of Directors and their contact information to the City by November 1st of each year. Article III Term Term 15. The term of this Lease shall be five (5) years from the Commencement Date to June 30, 2023. 16. The City may terminate this Lease at any time for any reason provided it has given the Club six (6) months prior notice in writing. Overholding 17. If the Club 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 Club 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. 4 Article 1V Rent Rent 18. The Club shall pay to the City as rent for the entire Term in lawful money of Canada the sum of One (1) Dollar ($1.00) Utilities 19. The club shall pay annual charges to the City for the tennis courts on site for hydro use. This amount shall be paid on or before April 1 in each year of the term, Annual charges are subject to the City's Approved User Fee By-law. Gross Lease 20. 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 21. The Club shall maintain and operate the Premises so that they shall always be of good appearance, safe and suitable for the proper operation of the Premises, 22. The Club shall provide general, routine maintenance services to the Premises at its expense and shall provide all necessary cleaning and maintenance supplies such as cleaning equipment related to the tennis courts and any associated building under theft exclusive use. 23. The Club, at its sole expense shall provide the court nets and any wind screening. This would include installation, removal and storage each year. 24. The City or its designate, shall be responsible for all day-to-day operating expenses including garbage removal, bleachers, benches, fencing, any building associated with use of the courts, lighting and the court surface life cycle replacement. 25. 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 5 expense of any repairs including the City's reasonable administration charge necessitated by such negligence or misuse. 26. The Club shall immediately notify the City of any unsafe conditions on the Premises. Security 27. The Club shall be responsible for the secured access to the Premises. The Club will ensure that a key or combination to any lock are provided to the City for maintenance and inspection access. The City staff will be responsible for locking the gate after accessing the courts for maintenance and/or inspection. Alterations/Improvements to Premises 28. The Club shall only be permitted to make alterations and improvements to the Premises that have been approved by the City. Article VI Insurance and Indemnity Club's Insurance 29. The Club, at its sole cost and expense, shall take out and maintain, (a) insurance upon property owned by it which is located on the Premises; and (b) commercial general liability insurance pertaining to the Club's liability to others in respect of injury, death or damage to property occurring upon, in or about the Premises. Such insurance to be of an amount which is reasonable and sufficient having regard to the scope of the risk and the current practice of prudent operators of similar premises for the carrying on of similar businesses, but in any event in an amount not less than two million dollars ($2,000,000.00) for claims arising out of one occurrence. Such policy shall also name the City as an additional named insured and may not be cancelled unless prior notice by registered letter has been given to the City by the insurer 30 days in advance of the expiry date. 30. Prior to the Commencement Date, the Club shall file with the City a Certificate of Insurance in a form satisfactory to the City Treasurer, verifying that the commercial general liability insurance policy is in effect and setting out the essential terms and conditions of the insurance. 6 31. The provision of the insurance policy required by this section shall not relieve the Club from liability for claims not covered by the policy or which exceed its limits, if any, for which the Club may be held responsible. Insurance Risks 32. The Club shall not do, omit to do, or permit to be done or omitted to be done upon the Premises anything that may contravene or be prohibited by any of the City's insurance policies in force from time to time covering or relevant to any part of the Premises or which would prevent the City from procuring its policies with companies acceptable to the City. If the conduct of business in the Premises or any acts or omissions of the Club on the Premises causes or results in any increase in premiums for any of the City's insurance policies, the Club shall pay such increase to the City. Indemnification 33. Each of the City and the Club shall indemnify and save harmless the other from and against any and all actions, losses, damages, claims, costs and expenses (including solicitors' fees on a solicitor and client basis) to which the party being indemnified shall or may become liable by reason of any breach, violation or non-performance by the party so indemnifying of any covenant, term or provision of this Lease or by reason of any damage, injury or death occasioned to or suffered by any person or persons including the City or the Club, as the case may be, or any property by reason of any wrongful act, neglect or default on the part of the party so indemnifying or any of those persons for whom it is in law responsible. For greater certainty, the limitation of liability set out above in this section does not extend to claims, losses or damages resulting in whole or in part from the gross negligence or wilful misconduct of the party claiming indemnification, its employees or those for whom it is in law responsible. Article VII Remedies on Default City's Right to Re -Enter 34. If any amount payable to the City under this Lease shall remain unpaid for fifteen (15) days after the Club 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 35. In addition to all other remedies the City may have under this Lease and in law, if the Club 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 Club (or 7 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 Club shall be responsible for all such costs. Waiver 36. No condoning, excusing or overlooking by the City of any default, breach or non -observance by the Club at any time or times in respect of any covenant, obligation or agreement under this Lease shall operate as a waiver of the City's rights hereunder in respect of any continuing or subsequent default, breach or non -observance, or so as to defeat or affect in any way the rights of the City in respect of any such continuing or subsequent default or breach, and no waiver shall be inferred from or implied by anything done or omitted by the Club save only an express waiver in writing. Article VIII Miscellaneous Quiet Enjoyment 37. The City shall permit the Club 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 Club is not in default. Right of Entry 38. The Club agrees to permit the City and authorized representatives of the City to enter the Premises during normal business hours or in an emergency for the purpose of inspecting and or maintaining the Premises. The City shall use its best efforts to minimize the disruption to the Club's use of the Premises during any such entry. Signs 39. The Club 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. 8 Compliance with Laws 40. The Club, at its sole cost and expense, shall comply with all legal requirements (including statutes, laws, by-laws, regulations, ordinances, orders, rules and regulations of every governmental authority having jurisdiction) that relate to the use of the Premises by the Club or the making of any improvements to the Premises by the Club. Notice 41. Any notice required to be given by the City to the Club under this Lease shall be in writing and shall be delivered to or such other address of which the Club has notified the City in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. 42. Any notice required to be given by the Club to the City under this Lease shall be in writing and shall be delivered to The Corporation of the City of Pickering, Pickering Civic Complex, One The Esplanade, Pickering, Ontario (Attention: City Clerk) or such other address of which the City has notified the Club in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. Successors and Assigns 43. This Lease shall enure to the benefit of and be binding upon the parties and their respective successors (including any successor by reason of amalgamation or statutory arrangement) and permitted assigns. Schedules 44. Schedules "A" attached hereto form part of this Agreement. In Witness Whereof the parties have executed this Lease. The Corporation of the City of Pickering David Ryan, Mayor Debbie Shields, City Clerk 9 Rosebank Tennis Club Catalin Codita, President Sofica Mocanu, Secretary (fr CRESCENT r 141.1i MA .13.1m1 RICK HULL MEMORIAL PARK N