HomeMy WebLinkAboutBy-law 3914/92 THE CORPORATION OF T_HE TOWN OF PICKERING
B Y -J~W _NO. 3914/92
Being a by-law to authorize the execution of a
Community Centre Management Agreement between The
Corporation of the Town of Pickering and the Claremont
Lions Club respecting the continued management of the
Claremont Community Centre by the Claremont Lions
Club.
WHEREAS the Town owns and operates a conmmnity centre known as the Claremont Community
Centre in the Hmnlet of Claremont in the Town of Picketing; and
WHEREAS, the Claremont Lions Club has provided its services, on certain terms and conditions to the
Town as manager of the conununity centre and il is desirable to provide for the continued provision of
such services: and
WHEREAS, pursuant to the provisions of paragraph 208.57 of the Municipal Act, R.S.O. 1990, chapter
M.45, as ameuded, the Council of The Corporation of the Town of Picketing may pass by-laws for,
mnoug other things, maintaining, operating and managing community recreation centres;
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 a Cormnunity Centre Management
Ag~eemem, in the form attached hereto as Schedule A, between The Corporation of the Town
of Picketing 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 thne and finally passed this 20th day of January 1992.
TOWN OF
PICKERING
APPROVED
LEGAL DEPT.
THIS COMMUNITY CENTRE MANAGEMENT AGREEMENT made January 20, 1992,
BETWEEN:
T~:[]~O~A~_ON OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE FIRST PART,
- and -
THE CLAREMONT LIONS CLUB.
hereinafter called the "Club"
OF THE SECOND PART.
WHEREAS, the Town owns and operates a community centre (hereinafter referred to as the
"premises"), known as the Claremont Community Centre, in the Hamlet of Claremont, in the Town of
Picketing for the benefit of its citizens, particularly those residents in the Hamlet of Claremont and
surrounding area and;
WHEREAS since November 5th, 1979, the Club has provided its services, on certain ten'as and
conditions, to the Town, as a manager of the premises; and
WHEREAS it is deemed desirable that the Club continue to provide such services;
NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consideration of the mutual
covenants and agreements herein contained and subject to the terms and conditions hereinafter set out,
the Parties hereto agree as follows:
1. (1) Subject to the terms and conditions hereof, the Club shall continue to manage the
premises for the Town as a conununity centre for the use of the residents of the Hamlet
of Claremont a,~d surrounding area.
(2) For the purposes of this Agreement, the term "manage" shall include,
(a) leasing the premises, or parts thereof, from thne to time, to third parties for
Town approved functions; and
(b) providing, at the Club's expense, in and on the premises,
(i) interior and exterior cleaning services,
(ii) snow and ice clearance,
(iii) furnishings, and
(iv) minor repairs.
2. (1) In leasing the premises, or parts thereof, the Club shall,
(a) accept bookings from non-commercial lessees only;
(b) adhere to the Town's Alcohol Management Policy attached hereto as Schedule
A;'
(c) ensure that the Town's Alcohol Management Policy is complied with by all
lessees holding licensed functions as defmed therein;
(d) ensure that all existing or future community programs and Town programs are
not adversely affected, where such progrmns are previously booked through the
Club; and
(e) collect rents from lessees of the premises, or parts thereof, according to the
Rents Table attached hereto as Schedule B.
(2) All rents collected by the Club pursuant to this section shall be the property of the Club
mad shall he deemed to be the fee payable by the Town to the Club respecting the Club's
management of the premises.
3. In partial consideration of the Town granting to the Club the right to manage the premises, the
Club hereby agrees, at its sole expense, to provide the services referred to in section 1(2) (b),
above, to the satisfaction oftbe Town.
4. In partial consideration of the Club agreeing to manage the premises, the Town hereby agrees,
(a) at its expense, to provide electricity and heat in and for the premises;
(b) at its expense, to provide any major repairs to the premises which, in the Town's
opinion, are necessary for the continued operation of the premises as a community
centre,
(c) to permit thc Club to use, rent-free, a portion of the premises for its purposes as a
service organization, it being understood that, except for certain cupboards or display
areas, such permission is not intended to extend exclusive use of that portion to the Club
except dur'mg pre-booked meetings or other functions.
5. (1) The Town shall not be responsible in any way for any injury to any person or for any
loss or damage to any property belonging to the Club, or to its members or guests while
such persons or property are in or about the premises, nor for any damage caused by
anything done or omitted to be doue by the Town or any tenant of the Town.
(2) The Club covenants to save, defend, hold harmless and indemnify the Town of and from
all loss, costs, claims or demands in respect of any injuries or damages referred to in
subsection (1).
(3) The Club further covenants and agrees to save harmless and indemnify the Town
against any and all suits, claims, actions or demands of any nature or kind to which the
Town shall or may become liable for or suffer by reason of,
(a) any breach, violation or non-performance by the Club of any covenant, term or
provision hereof, or
(b) any injury occasioned to or suffered by any person or persons or any property
resulting from any wrongful act, neglect or default on the part of the Club, its
members, agents, servants or employees, or
(c) the use and occupation of the premises by the Club, its invitees and licensees.
(4) For the pm'poses of subsections (2) and (3), the Club shall throughout the term of this
Agreement, provide at its own expense, and keep in force, for the benefit of the Town
and the Club,
(a) general liability insurance Jn respect of injury to or death of one or more
persons or property dmnage in an ~unount not less than $1,000,000; and
(b) insurance against loss or damage by f~re in respect of all improvements to the
premises and equipment appurtenant thereto to the full insurable value of same,
and in respect of the premises generally in the mnount of $1,000,000 and
containing the standard extended perils endorsements,
naming the Town as co-insured.
(6) The Club hereby acknowledges that the Town has granted permission to the Claremont
Co-.Operative Nursery School, Inc. to use the premises for nursery school purposes at
certain times and the Club hereby agrees to accept the granting of such permission as a
booking for the purposes of this Agreement, and the Club hereby waives any claim to
any remuneration collected by the Town in the granting of or as a condition of the
granting of such permission.
(7) The Town reserves the right to review, at the end of each calendar year during the term
of this Agreement, the balance of scbedtfling and bookings accepted by the Club and to
direct the Club accordingly.
(8) (1) The term of this Agreement shall begin December 31, 1991 and shall expire,
unless terminated earlier on December 30, 1996.
(2) Unless terminated before December 30, 1996, the term of this Agreement may
be extended for a furlher term of five years (i.e. December 30, 1996 Io
December 30, 2001), upon the agreement of both Parties.
(9) (1) The term of this Agreement may be terminated by either Party upon six
month's notice to the other in writing.
(2) The term of this Agreement may be terminated by the Town upon ten day's
notice to the Club in writing in the event that the insurance required to be
provided in section 5(4) is not provided or not kept in force.
(3) In the event that this Agreement is terminated by the Town pursuant to
subsection (1) or (2), above, the Town shall honour any bookings previously
made with the Club for the use of the premises after the effective date of
termination.
10. Nothing in this Agreement shall be construed so as to render the Club, its members,
servants, agents or contractors to be an employee of the Town.
11. Schedules A and B attached hereto shall form part of this Agreement.
12. This Agreement shall not be assignable by either Party in any circumstances.
IN WITNESS WHEREOF the Parties hereto have affixed their respective corporate seals duly attested
by the hands of their proper authorized officers.
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Atthurs, Mayor
Brace Taylor, Clerk
THE CLAREMONT LIONS CLUB
President
Treasurer
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SCHEDULE A
THE CORPORATION OF THE TOWN OF PICKERING
DEPARTMENT OF COMMUNITY SERVICES AND FACILITIES
ALCOHOL MANAGEMENT POLICY
The purpose of this Policy is to endeavour to ensure the appropriate management of the use and
consumption of alcoholic beverages in municipally-owned facilities, to avoid related problems attd to
ensure the safety and well-be#,g of all participat,ts and to protect the Corporation, its employees attd
volunteers.
1. DEFINITIONS
In this Policy, the term,
(a) "licensed function" means a function for which a permit has been issued by, or is
otherwise licensed by, the Liquor Licence Board of Ontario at which alcoholic
beverages may be consumed;
(b) "closed private licensed function" means a licensed function determined by the Director
to be closed to the general public and of a private nature;
(c) "designated facility" means a Town-owned building, park, open space and associated
parking lot designated by this Policy as suitable for an indoor or outdoor licensed
function;
(d) "user" means a person, group or association to whom the Town has granted written
permission to use a designated facility for a licensed function; mad
(e) "Director" means the Town's Director of Community Services and Facilities, or the
Director's designate.
2. DESIGNATED FACILITIES
(1) The following are designated facilities for indoor licensed functions:
(a) Brougham Community Centre,
(b) Claremont Con~nunity Centre,
(c) Don Beer Comanunity Centre,
(d) Dr. N. F. Tomlinson Cmmnunity Centre,
(e) East Shore Cmmnunity Centre,
(f) Green River Community Centre,
(g) Greenwood Community Centre,
(h) Mt. Zion Community Centre,
(i) Picketing Civic Complex,
(j) Picketing Recreation Complex,
(k) Seniors Centres,
(1) West Shore Community Centre,
(m) Whitevale Community Centre.
(2) The following are designated facilities for outdoor licensed functions:
(a) Claremont Park,
(b) Dunmoore Park,
(c) Kinsmen Park,
(d) Ontario Hydro Park.
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3. SAFE TRANSPORTATION
(1) Only users implementing a safe transportation strategy (e.g., a designated driver
programme, an alternate home transportation option) to prevent intoxicated participants
from driving will be permitted to use desil0mted facilities for licensed functions.
(2) The Director may require a potential user to demonstrate that such a strategy will be
implemented by the user if written pemfission to use the designated facility for a
licensed function is granted.
4. NO ALCOHOL AND LOW ALCOHOL DRINKS
(1) Only users offering a sufficiem quantity of no alcohol and Iow alcohol drinks will be
Permitted to use designated facilities for licensed functions.
(2) The Director may require a potential user to demonstrate that such a quantity of no
alcohol and low alcohol dr'inks will be provided by the user ff written permission to use
the designated facility for a licensed function is granted.
5. "$TATI~MENT OF INTOXICATION" SIGN
(1) Users of designated facilities for licensed functions shall display prominently in the
facility a sign or signs indicating that it is illegal to serve participants to a state of
intoxication. Such signs shall read as follows:
Town of Picketing - Department of Community Services attd Facilities
Statement of lntoxication
It is contrary to the Liquor Licence Act of Ontario to serve persons to intoxication. For
this reason, servers in this facili~ are required to obey the law and not serve anyone to
intoxication. Should you wish a no alcohol or low alcohol "breather" round, request a
soft drink, coffee, or smaller than usual portion of alcohol.
(2) Signs shall be provided by the Town to users for display by them in the designated
facility during the licensed function.
6. PARTICIPANT CONTROL
(1) Only users providing sufficient controls to prevent underage, intoxicated or rowdy
persons from entering the designated facility, to refuse service to such persons, and to
remove such persons from the designated facility will be permitted to use designated
facilities for licensed functions.
(2) Such comrols shall include the following:
(a) having a supervisor in charge of the licensed function present in the designated
facility at all times during the function;
(b) having at least two monitors at each entrance to the licensed function at all
times during the function;
(c) accepting only an age of majority card, a photo driver's licence or a passport as
identification for entry;
(d) having a monitor or monitors (other than entrance monitor) in the designated
facility at all times during the function, at least one monitor for every 200
participants;
(e) using monitors and servers who are 19 years of age or older;
(f) using monitors and servers who do not consume alcohol during the function;
and
(g) providing a list of the names of supervisors, monitors and servers to the
Director prior to the function.
(3) The Director may require a potential user to demonstrate that such controls will be
imposed by the user if written permission to use the designated facility for a licensed
function is granted,
(4) Closed private licensed functions are exempt from this section of the Policy; however,
users of designated facilities for closed private licensed functions shall be encouraged to
ilnpose voluntarily the controls set out above since they are not exempt from
responsibility for compliance with the law and for the sobriety and safety of participants.
7. SUPERVISOR. MONITOR AND SERVER TRAINING
(1) Only users providing sufficient numbers of supervisors, monitors and servers that have
attended an appropriate training course in server intervention will be permitted to use
designated facilities for licensed functions.
(2) Such training should utilize the Addiction Research Foundation course material, and
may be provided, at reasonable cost, tln'ough the Deparm~ant of Community Services
and Facilities.
(3) The Director may require a potential user to demonstrate that sufficient numbers of
supervisors, monitors mad servers that have attended such a course will be provided by
the user ff written permission to use the designated facility for a licensed function is
granted.
(4) Closed private licensed functions are exempt from this section of the Policy; however,
users of designated facilities for closed private licensed functions shall be encouraged to
provide voluntarily properly trained supervisors, monitors and servers since such users
are not exempt from responsibility for compliance with the law and for the sobriety and
safety of participants.
8. INSURANCE
(1) Only users having a minimum of $1,000,000 third party general liability insurance
coverage, naming "The Corporation of the Town of Pickering" as a co~insured, will be
pemfitted to use designated facilities for licensed functions.
(2) The Director may require a potential user to demonstrate that such insurance coverage
is in place before written permission to use the designated facility for a licensed
function is granted.
(1) Users of designated facilities for licensed functions shall display prominently in the
facility a sign or signs informing participants of the following:
(a) the name, address and telephone number of the user;
(b) the name, address and telephone number of the representative of the user
responsible for the function;
(c) the address and telephone number of the nearest Police Station;
(d) the address and telephone number of the Liquor Licence Board of Ontario; and
(e) the address and telephone number of the Department of Community Services
and Facilities.
(2) A user that contravenes any Town policy or procedure or any applicable law may be
refused permission to use designated facilities for licensed functions, at the Director's
discretion,
(a) indefinitely, or
(b) until the user can demonstrate to the Director's satisfaction that a further
contravention shall not occur.
10. PROMOTING THE POLICY
The Department of Community Services and Facilities shall design and implement, in
consultation with the Addiction Research Foundation, a strategy to orient all potential users to
the requirements of this Policy and to promote this Policy to the cormnunity at large.
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Item Lessee Functio~ Rent Payable
1. Non-profit community
organization or association Community Program Nil
Meeting Nil
Other Nil
2. Town, Town agency or board Recreation Program Nil
Meeting Nil
Other Nil
3. All others Any Town approved
function See Note
Flote: Where the function does t~gt involve the sale or consumption of alcoholic beverages, the
rent payable shall be equal to 40% of the rent that would be payable to the Town if the
function were being held in the Town's West Shore Conununity Centre.
Where the function does involve the sale or consumption of alcoholic beverages, the rent
payable shall be equal to 60% of the rent that would be payable to the Town if the
function were being held in the Town's West Shore Community Centre.
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