HomeMy WebLinkAboutBy-law 4014/92 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 4014/92 _
Being a by-law to authorize the execution of an Arena
Board Advertising Agreement with Street Level Media
Inc. for the period September 1, 1992 to August 31, 1997.
WHEREAS, the Don Beer Arena and the Recreation Complex Arena are community recreation centres
operated by the Town in accordance with the provisions of section 2 of the Communi~ Recreation
Centres Act, R.S.O. 1990, chapter C.22;
NOW THEREFORE the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS
FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute an Arena Board Advertising Agreement
with Street Level Media Inc., in the form attached hereto as Schedule A, between The
Corporation of the Town of Picketing and Street Level Media Inc., respecting advel~ising on
arena boards at the Don Beer Arena and the Recreation Complex from September 1, 1992 to
August 31, 1997.
BY-LAW read a first, second and third time and finally passed this 15th day of June, 1992.
~, ,cting Mayo~
Brace Taylor, Clerk
TOWN OF
~ICKERING
APPROVED
AS TO FORM
LEGAL OEPI,
SCHEDULE A
THIS ADVERTISING AGREEMENT made 1992,
BETWEEN:
STREET LEVEL MEDIA INC..
herein referred to as the "Company",
OF THE FIRST PART
- and o
THE CORPORATION OF THE TOWN OF PICIfI~RINC,?
herein referred to az the 'Town",
OF THE SECOND PART.
WHEREAS, pursuant to the provisions of the predecessor of section 2 of the Community Recreation
Centres Act, R.S.O. 1990, chapter C.22, the Council of the Town enacted on February 1, 1988, By-law
2662/88, establishing certain facilities, including the Don Beer Sports Arena and the Town of Picketing
Recreation Complex, az community recreation centres to be operated by the Town in accordance with
the Ac~;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT, in consideration of the sum of $2.00
now paid by each Party to the other, receipt of which by each is hereby acknowledged, the Parties hereto
ague az follows:
I. In this Agreementl the term,
(a) "Complex Arena" means that portion of the Town's Recreation Complex at 1867 Valley
Farm Road, Pickering, used for ice skating and ice hockey purposes, whether or not it is
actually being used for the purposes at any time;
(b) "Don Beer Arena" means those portions of the Town's Don Beer Sports Arena at 940
Dillingham Road, Pickering, used for ice skating and ice hockey purposes, whether or
not they are actually being used for the purposes at any time;
(c) "arena boards" means the playing surface side of the boards surrounding Ice Pads No. 1
and 2 at the Don Beer Arena and the ice pad at the Complex Arena.
2. The Town hereby grants to the Company the exclusive right to place advertisements in 2.4 metre
lengths on the arena boards from September 1, 1992 to August 31, 1997 (herein called the
"term") subjeci to the terms and conditions herein set forth.
3. The Company shall supply, at no cost to the Town, all labour, materials, tools, equipment,
appliances, travel and freight to perform the service herein described to implement its right to
advertise on Town arena boards.
4. Advertisements placed on the arena boards shall be made of a water resistant substance capable
of withstanding the normal wear and tear associated with such arena boards without tearing or
being damaged in such a manner as to affect adversely the surface of either the arena boards or
the ice.
5. The Company shall place all advertisements on the arena boards at its cost and at a time or times
and in a manner or manners satisfactory to the Town.
6. The Company shall be responsible for replacing any damaged or defaced signs and ensuring that
the signs are maintained in a good condition and pleasing appearance.
7. All advertising signs shall remain the propemy of the Company, despite the fact that they may be
affixed to the Town's premises.
8. (1) No advertisement placed on any arena boards pursuant to this agreement shall advertise,
promote or mention in any way,
(a) cigarettes, cigars or any other tobacco products;
(b) liquor, wine, beer or any other alcoholic beverage; or
(c) soft drinks, fruit drinks, potable waters, flavoured milks or any other
non-alcoholic beverage, including any syrup and preparation from which they
may be made, except those which from tirae to time are manufactured and sold
or distributed and sold by Coca-Cola Ltd.
(2) Any advertisements to be placed on the arena boards shall be of moral and reputable
character and the Company shall forthwith remove from any arena board any
advertisement that the Town, in the reasonable exercise of its discretion, desires
removed.
(3) The Town will not accept advertising of questionable .taste or which is irritating in its
content or method of presentation.
(4) Advertising must be free from offensive references or racial matters.
(5) Advertising calling for the advocacy of, or opposition to, a political point of view,
policy or action is prohibited.
(6) Advertising advocating the name of any political party is acceptable.
(7) Advertising advocating the candidacy of an individual may be accepted providing the
content is in keeping with all guidelines and that the message centres generally on the
candidate's name and party affiliation, the office being sought, election date or other
such information pertinent to the election.
(8) Advertising which tends to disparage a candidate or party or cause will not be allowed.
(9) Advertising informing the public of the specifics relating to a meeting, gathering or
event will be permitted if the information is confined to subject, name of speaker,
location, date and time of event.
(10) Religious advertising which promotes a specific ideology, ethic, point of view, policy or
action, which in the opinion of the Town is deemed prejudicial to other religious groups
or offensive to users of the community centres, is not permitted. Religious advertising
will be permitted if the information is designed to promote a specific meeting, gathering
or event, ff the information is confmod to subject, name of speaker, location, date and
time of event.
(11) Although the Town is guided by the Canadian Code of Advertising Standards, the Town
is the sole and final arbiter in all matters relating to the Don Beer Arena and Complex
Arena advertising acceptance. The Town may refuse or order removal of any message
at any time, at its discretion.
(12) The Company shall indemnify and save the Town harmless against any and all claims
for damages and from all liability, loss and expenses arising from or caused by an
alleged libellous or obscene advertisement or notice or any alleged copyrighted matter
in any advertisement or notice.
9.. (1) For the right hereby granted to it, the Company shall pay to the Town the amount of
$21.00 ~er month plus G.S.T. for each 2.4 mel~e arena board advertisement placed by it
at any tune during the term hereof.
(2) The payment of amounts payable by the Company under subsection (1) shall be made in
quarterly instalments, commencing on the lust day of December, 1992.
(3) If default of any payment to the Town shall continue for a period of thirty days, the
Town may elect to terminate the agreement and remove all advertising from the arena
boards without notice to the Company.
10. The Company agrees that in the performance of this agreement it will abide by the terms hereof
from which no change, alterations, or modification shall be made or binding upon the Town
unless authority has been given by the Town in writing to the Company.
11. The Company agrees to indemnify and save harmless the Town for all actions, suits, claims,
demands and costs arising by reason of injury or death to any person resulting from the work
herein described.
12. The Company will render the Town free from any liability which might arise from any breach of
the municipal, provincial or federal regulations, ordinances, by-laws and laws and from any
debts or obligations contracted by the Company or its employees in conjunction with the
performance of this agreement.
13. (I) The Company agrees to maintain during the term of this agreement the following
insurance with insurance companies satisfactory to the Town:
(a) Comprehensive liability insurance which shall include contractual liability
coverage for liability including claims that might be brought against the Town
by any employee of the Company or any sub-contractor and Company's
protective coverage for all sub-contracted operations; and
(b) Advertiser's liability insurance which shall include contractual liability
coverage for liability including claims arising out of libel, slander,
unauthorized use of ideas or other material, invasion of privacy.
(2) Each insurance policy shall provide a combined single limit of at least one million
dollars ($1,000,000) for any one occurrence or accident for all claims arising out of
personal injuries (including death) and damage to the property of others and shall
include the Town as a named insured.
(3) Prior to the commencement of the agreement, the Company shall furnish the Town with
an original certified copy or certificate of each policy with an undertaking from the
insurance company that such insurance will not be cancelled or reduced in coverage
without thirty days (30) prior notice by registered mail to the Town. Should the Town
be of the opinion that the insurance taken by the Company is inadequate in any respect
for any reason whatsoever, it shall forthwith advise the Company of such opinion and
the reasons therefor. The Company shall forthwith take out insurance of a character
satisfactory to the Town. The taking out of ~ insurance as ~foresaid shall no~ relieve
the Company of any of its obligations under the agreement.
14. (1) Any notice, document or other communication required or penni,ed to be given
hereunder shall be in writing and shall be sufficiently given if sent by prepaid mail or
delivered,
(a) in the case of the Company, to
The President
Street Level Media Inc.
Suite 216
445 Applecreek Boulevard
Markham, Ontario
L3R 9X7
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 6K?
(2) Each Party may redesignate the person or the address, or both, to whom or at which
such notice, document or other communication shall be given by giving written notice
to the other in accordance with this section.
(3) Any notice, document or other communication given in accordance with this section
shall be deemed to have been given on the first business day following the day of
mailing or the day of delivery, as the case may be.
14. Should a dispute arise from the terms and conditions of this agreement regarding meaning, intent
or ambiguity, the decision of the Town shall be final.
15. Upon the expiry of the term of this agreement or any renewal thereof, the Company agrees to
remove all advertisements placed by it within 30 days. If such advertisements are not so
removed, the Town may do so charging the Company with all reasonable expenses for so doing.
16. (1) This Agreement and everything herein contained shah extend to, bind and enure to the
benefit of the Parties hereto.
(2) This Agreement is not assignable, in whole or in part, by either Party.
IN WITNESS WHEREOF, the Parties hereto have hereunto affrxed their respective corporate seals,
duly attested by their proper authorized officers.
SIGNED, SEALED & DF. LIVERED
STREET LEVEL MEDIA INC.
Barry Sambrook, President
Mike Riddeli, Secretary-Treasurer
THE CORPORATION OF THE TOWN OF PICKER1NG
Wayne Arthurs, Mayor
Brace Taylor, Clerk
4