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HomeMy WebLinkAboutBy-law 4298/93 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 4298/93 Being a by-law to authorize the execution of a Licence Agreement between Ga? Liddell and Robert Liddell, carrying on business as "The Turning Point" and The Corporation of the Town of Pickering respecting the operation of the pottery studio at the Pickering Recreation Complex from September. 7, 1993 to September 6, 199.5. WHEREAS, pursuant to section 207.57 of the Municipal Act, R.S.O. 1990, chapter M.45, the Council of The Corporation of the Town of Picke£mg may pass by-laws for the operation and management of places of recreation and similar buildings; and WHEREAS the Picketing Recreation Complex is a place of recreation containing a pottery studio therein; and WHEREAS Gay Liddell and Robert Liddell, carrying on business as "The Turning Point", wish to operate that pottery studio from September 7, 1993 to September 6, 1995, subject to certain terms and conditions; NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: I. The Mayor and Clerk are hereby authorized to execute a Licence Agreement, in the form attached hereto as Schedule A, between Gay Liddell and Robert Liddell, carrying on business as "The Turning Point", and The Corporation of the Town of Picketing respecting the operation of the pottery studio at the Pickering Recreation Complex from September 7, 1993 to September 6, 1995. BY-LAW read a first, second and third time and finally passed this 4th day of August, 1993. Bmce Taylor, Clerk TOWN OF APPROVED AS TO FORM LEGAL D~' P'F. SC~]EDULE A THIS LICENCE AGREEMENT made August 4, 1993, pursuant to the provisions of section 207.57 of the M.nici£alAcr, R.S.O. 1990, chapter M.45, BETWEEN: GAY LIDDELL and ROBERT LIDDELL, ca_,Tying on business as THE TURNING POINT. herein called the "Company", OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING herein called the "Town", OF THE SECOND PART. WHEREAS the Town is the owner of the Picketing Recreation Complex, located at 1867 Valley Farm Road, Pickering, which facility is a place of recreation containing a pottery studio; and WHEREAS the Company wishes to have the exclusive use of the pottery studio and certain equipment therein for the purpose of providing pottery instruction to the public subject to certain terms and conditions; NOW THEREFORE THIS AGREEMENT ~frNESSETH that, in consideration of the mutual covenants and agreements contained herein, the Parties hereto agree as follows: DEFINITIONS 1. In this Agreement, the term, (a) "Department" means the Town's Department of Community Services and Facilities; (b) "Picketing Recreation Complex" means the Town's Picketing Recreation Complex located at 1867 Valley Fa.rm Road, Pickering, Ontario; (c) "pottery studio" .means the pouery studio located on the fin'st floor of the Picketing Recreation Complex. TERM OF THE LICENCE 2. The Town grants to the Company the exclusive right to use and occupy the pottery studio for a period beginning September 7, 1993 and ending September 6, 1995 (herein called the "Term") for the purpose of providing pottery instruction to the public. FEE FOR THE LICENCE 3. The Company shall pay to the Town a fee of $12,000 for the exclusive right to use and occupy the pottery studio during the term, such fee being payable in cash or by certified cheque in 24 equal monthly installments of $500 beginning September 7, 1993. TEPdVlS AND CONDITIONS OF THE LICENCE 4. The Company, its servants, agents and employees, shall comply strictly with all applicable statutes, laws, by-laws, orders, mles, regulations and policies governing the operation of the Pickering Recreation Complex and the pottery studio and the conduct of the businesses of Company and of the Town, including but not limited to all applicable health and safety regulations governing the conduct and operation of the pottery studio. 5. The Company shall, (a) indemnify the Town for any costs, claims or damages from any loss, damage or injury, including loss of life, to any person or property at any time in or near the pottery studio or the Picketing Recreation Complex however such loss, damage or injury may occur; (b) provide at its expense and keep in force during ~he Term, for the benefit of the Company of the Town, general liability insurance in respect of injury to or death of one or more persons, or of damage to property, in an amount not less than $1,000,000; (c) deposit with the Town, before the beginning of the Term, a certificate of insurance verifying that a general liability insurance policy in the amount of at least $1,000,000 is in place in a form satisfactory to the Town; (d) obtain all necessary permits, licences and approvals; (e) keep the pottery studio in good repair and maintain the pottery studio and ail Town-owned equipment therein or related thereto at a high level of cleanliness; (t"/ leave the pottery studio in a neat, tidy and clean condition at the end of the Term and repair or replace any damages to the pottery studio and all Town-owned equipment therein or related thereto except reasonable wear and tear; (g) obtain the approval of the Department before altering, adding.to or varying in any way all or any pan of the pottery studio or the Town-owned equipment therein or related thereto, make any approved alteration, addition or variation at the Company's sole expense, and transfer ownership thereof to the Town at the end of the Term; (h) pay all realty, business or other taxes or rates that may be levied against the Town, the Picketing Recreation Complex or the pottery studio as a result of the Company's use or occupation of the pottery studio; (i) provide and pay for all personnel, equipment and supplies for the purpose of its operation of pottery programs in the pottery studio; (.j) keep the Town free from any costs originating from or associated with the Company's operation of pottery programs in the pottery studio; (k) ensure that it operates its pouery programs only during the operating hours of the Picketing Recreation Complex; and (1) provide a safe and good standard of service to the public panicipating in its pottery programs in the pottery studio. 6. The Town shall, (a) supply electrical power, heat, air conditioning and water to the pottery studio and make garbage removal facilities available to the Company at the Pickering Recreation Complex; (b) provide electrical, plumbing, F~e alarm and ah' conditioning maintenance and repair; (c) notify the Company in advance of any planned interruption to the supply of electrical power, heat, ah' conditioning and water to the pottery studio; (d) notify the Company as soon as possible of any unexpected interruption to the supply of electrical power, beat, air conditioning and waler to the pottery studio; (e) ensure that the pottery studio and all Town-owned equipment therein or related thereto is in good and safe working order at the beginning of the Term; (0 prohibit displays, tables, shows or barricades in front of the windows of the pottery studio, or blocking access to the pottery studio, except with the consent of the Company; and (g) Permit the Company to operate its pottery programs at any time or times during the operating hours of the Pickering Recreation Complex; · (h) Permit the Company, its servants, agents and employees, to have access to the pottery studio at any time during the Term, whether or not the Picketing Recreation Complex is operating, for the purpose of safely gaining access to the kiln or kilns during t"tring cycles; and (i) provide up to two pages in the Department's seasonal newsletters to promote the Company's pottery programs at the pottery studio. LIMITED LIABILITY OF THE TOWN 7. The Town shall not be liable to the Company for, (a) any loss of or damage to the Company's equipment, supplies or products, whether caused by F~re, theft, burglary or otherwise, unless such loss or damage was caused by the gross negligence of the Town, its servants, agents or employees; nor (b) the inability to provide access to the pottery studio or an interruption in the supply of electrical power, heat, air conditioning or water to the pottery studio as a result of an act of God, war, riot, insurrection, labour interruptions, strikes, walkouts or lockouts. mechanical failures, or other circumstances beyond the Town's control. EARLY TERMINATION 8. (1) Either party may terminate this Agreement upon three month's wrinen notice to the other. (2) Notice of early termination may be given by personal delivery or registered mail, (a) in the case of the Owner, to either Gay Lid&Il or Robert Liddell at 1750 Forbrock Street, R.R. #1, Picketing, Ontario LIV 2?8; and (b) in the case of the Town, to The Town Clerk, The Corporation of the Town of Picketing, Picketing Civic Complex, One The Esplanade, Picketing, Ontario LIV 6K7. (3) Each party may redesignate the person or the address, or both, to whom or to which such notice may be given by giving wriuen notice to the other. (4) 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. (5) In the event of early termination, the fee payable by the Company to the Town pursuant to section 3 shall be pro-rated to the date of early termination, and if necessary, the last installment shall be pro-rated accordingly. ASSIGNMENT, BI~/DING NATURE AND BENEFIT HEREOF 9. (1) This Agreement is not assignable by the Company without the consent of the Town, which consent may be arbitrarily refused. (2) This Agreement shall enure to the benefit of and be binding upon the Panics hereto and their respective heirs, administrators, executors, successors and assigns. IN WITNESS WHEREOF the persons comprising the Company have hereunto affixed their hands and seals and the Town has hereunto affLxed its corporate seal, arrested by the hands of its authorized officers. SIGNED, SEALED AND DELIVERED In the presence of (Se_al) Gay Liddell ($eal~ Robert Liddell THE CORPORATION OF THE TOWN OF PICKERI2NG Wayne Anhurs, Mayor Bmce Taylor, Clerk 3