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HomeMy WebLinkAboutBy-law 4480/94 THE CORPORATION OF THE TOWN OF PICKER1NG BY-LAW NO. 4480/94 Being a by-law to authorize the execution of an Agreement with Pickering Hockey Association Incorporated for the operation of the Don Beer Arena Pro Shop from September 1, 1994 to August 30, 1999. WHEREAS, pursuant to the provisions of the Community Recreation Centres Act, R.S.O. 1990, chapter C.22, section 2, the Council of The Corporation of the Town of Picketing enacted on February 1, 1988, By-Law 2662/88, establishing certain facilities including the Don Beer Arena as Community Recreation Centres to be operated by the Town in accordance with that Act; and WHEREAS, pursuant to the provisions of the MunicipalAct, R.S.O. 1990, chapter M.45, section 207.58 the Council of the Corporation of the Town of Pickering may enact a by-law for, inter alia, operating places of recreation and arenas; NOW THEREFORE, the Council of the Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute an Agreement, in the form attached hereto as Schedule A, between The Corporation of the Town of Picketing and Pickering Hockey Association Incorporated, pursuant to which Pickering Hockey Association Incorporated will operate an arena pro shop in the Don Beer Sports Arena from September 1, 1994 to August 30, 1999. BY-LAW read a first, second and third time and finally passed this 2nd day of August, 1994. Bruce Taylor, Clerk Schedule A THIS AGREEMENT made August 2, 1994, BETWEEN: PICKERING HOCKEY ASSOCIATION INCORPORATED herein called the "PHA" OF THE FIRST PART, THE CORPORATION OF THE TOWN OF PICKER1NG herein called the "Town" OF THE SECOND PART. In consideration of the terms, covenants and conditions set out herein, the Town and PHA agree as follows: 1. In this Agreement, the term, (a) "Arena Pro Shop" means a facility for the supply, rent or sale of items and services relating to ice hockey, skating, figure skating and ringette; (b) "Director" mans the Town's Director of Parks and Facilities or any deputy thereof; and (c) "Don Beer Spots Arena" means the Town-owned two-pad ice arena located at 940 Dillingham Road, Picketing. 2. The Town hereby grants to PHA the right to operate an Arena Pro Shop at the Don Beer Sports Arena in space allocated from time to time for that purpose by the Director during the months of September to April, both inclusive, for a period beginning September 1, 1994 and ending August 30, 1999, herein called the "term" of this Agreement. 3. (1) PHA shall operate the Arena Pro Shop during the full term hereof, keeping it open to the public every day therein, between, (a) 6:00 p.m. and 10:00 p.m., local time, Monday through Friday, and (b) 8:00 a.m. and 9:00 p.m., local time, Saturday and Sunday, subject to alteration for holidays or other reasons only with the prior written approval of the Director. (2) Despite the provisions of subsection (1), in no event shall the Arena Pro Shop be open before 7:00 a.m. or after 11:00 p.m., local time, on any day. 4. (1) PHA shall supply all equipment required for the operation of the Arena Pro Shop at its own expense. (2) Thc Town shall provide electrical power for the operation of the Arena Pro Shop at its own expense. (3) PHA shall pay all realty, business or other taxes or rates that may be levied against the lands upon which the Don Beer Sports Arena is located, against the Arena Pro Shop or against PHA as a result of its operation of the Arena Pro Shop. 5. PHA shall comply with all reasonable standards set by the Director for the operation and maintenance of the Arena Pro Shop in keeping with the standards set for the operation and maintenance of the facility in which it is located. 6. PHA shall be solely responsible for the Arena Pro Shop and the maintenance thereof, and for all persons and property at any time therein; the Town shall not be liable for any loss, damage and injury, including loss of life, however occurring, unless caused or contributed to by the neglect or the default of the Town. 7. PHA shall, at its expense, arrange and maintain $1,000,000 of general liability insurance indemnifying the Town from and against all claims, demands, loss, costs, damages, actions, suits or other proceedings by whomsoever made, sustained, brought or prosecuted in any manner based upon, occasioned by or attributable to anything done or omitted to be done by PHA in its operation of the Pro Shop. 8. For the right granted to it herein, PHA shall pay to the Town the sum of $10,000, payable in equal monthly instalments of $250 on, the 1st of each of September, 1994 to April 1995, both inclusive, the 1st of each of September, 1995 to April, 1996, both inclusive, the 1st of each of September 1996 to April 1997, both inclusive, the I st of each of September, 1997 to April, 1998, both inclusive, and the 1st of each of September, 1998 to April, 1999, both inclusive, or as otherwise may be satisfactory to the Director. 9. (1) This Agreement shall expire at 11:00 p.m., local time, on April 30, 1999. (2) Either PHA or the town may terminate this Agreement prior to its expiry by giving 90 days written notice to the other. (3) Upon expiry or earlier termination of this Agreement, PHA shall cease the operation of the Arena Pro Shop and forthwith remove its equipment, shelving and supplies without causing any inconvenience to the Town and without causing any damage to the Don Beer Sports Arena. 10. (1) Any notice or application required to be given or made hereunder shall be given or made in writing and sent by prepaid first class mail or delivered to: the Town at: One The Esplanade, Picketing, Ontario L1V 6K7 Attention: Director of Parks and Facilities PHA at: 891 Finch Avenue Pickering, Ontario L1V 1J4 Attention: The President. Every notice or application given or made in accordance herewith shall be deemed to have been given or made on the second day after it is mailed or personally delivered. (2) This Agreement shall enure to and be binding upon the Parties hereto and is not assignable by either Party to any other person, including an unincorporated association. 2 IN WITNESS WHEREOF the Parties herein have hereunto affixed their respective corporate seals, attested to by the hands of their proper authorized officers. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKEKING Wayne Arthurs, Mayor Bruce Taylor, Clerk PICKERING HOCKEY ASSOCIATION INCORPORATED 3