HomeMy WebLinkAboutCS 25-20C4PICKE RiNG
Report to
Executive Committee
Report Number: CS 25-20
Date: June 15, 2020
From: Marisa Carpino
Director, Community Services & Deputy CAO
Subject: Lease Agreements
Brougham Recreation Society Inc.
Greenwood Recreation Association
Mt. Zion Community Centre
Whitevale District Residents' Association
File: A-1440
Recommendation:
1. That the Mayor and City Clerk be authorized to execute the Lease Agreement with
Brougham Recreation Society Inc. set out in Attachment 1 to this report, subject to minor
revisions as may be required by the Director, Community Services & Deputy CAO and the
Director, Corporate Services & City Solicitor;
2. That the Mayor and City Clerk be authorized to execute the Lease Agreement with
Greenwood Recreation Association set out in Attachment 2 to this report, subject to minor
revisions as may be required by the Director, Community Services & Deputy CAO and the
Director, Corporate Services & City Solicitor;
3. That the Mayor and City Clerk be authorized to execute the Lease Agreement with Mt. Zion
Community Centre set out in Attachment 3 to this report, subject to minor revisions as may
be required by the Director, Community Services & Deputy CAO and the Director, Corporate
Services & City Solicitor;
4. That the Mayor and City Clerk be authorized to execute the Lease Agreement with Whitevale
District Residents' Association set out in Attachment 4 to this report, subject to minor
revisions as may be required by the Director, Community Services & Deputy CAO and the
Director, Corporate Services & City Solicitor; and,
5. That the appropriate City officials be authorized to take the necessary actions as indicated in
this report.
Executive Summary: The City of Pickering has executed Lease Agreements with Brougham
Recreation Society Inc. to operate Brougham Hall; Greenwood Recreation Association to operate
the Greenwood Community Centre; Mt. Zion Community Centre Association to operate the Mt.
Zion Community Centre; and, Whitevale & District Residents Association to operate the Whitevale
Community Centre which are set to expire in the coming months. These respective community
associations are responsible to operate the municipally owned facilities which includes permitting
and cleaning the premises.
CS 22-20 June 15, 2020
Subject: Lease Agreements Page 2
The Community Services Department recommends that the Lease Agreements set out in
Attachments No. 1, 2, 3, and 4 of this report be initiated for a five year term beginning July 1, 2020
and ending June 30, 2025.
Financial Implications: The City of Pickering is responsible to fund general maintenance costs
of these northern facilities such as utilities, water treatment systems, septic systems and snow
removal for the parking lot which is approximately $11,550 annually for Brougham Hall, $23,100
annually for Greenwood Community Centre, $11,130 annually for Mt. Zion Community Centre and
$8,800 annually for Whitevale Community Centre, which are reflected annually in the Community
Services Current Budgets. Not included in these costs are capital projects that vary year-to-year
depending on their need.
The respective community association would continue to fund the day-to-day costs to operate
these community facilities, which is offset by the nominal rental revenues generated through
facility permits.
Discussion: On June 15, 2015, Council approved Resolution #56/15 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, the City of Pickering entered into lease
agreements with the Brougham Recreation Society Inc. to continue to operate the Brougham Hall;
Greenwood Recreation Association to continue to operate the Greenwood Community Centre; Mt.
Zion Community Centre Association to continue to operate the Mt. Zion Community Centre; and,
Whitevale & District Residents Association to continue to operate the Whitevale Community
Centre.
These lease agreements are set to expire in the coming months and therefore staff are seeking
approval from Council to enter into a lease agreement with each association for a new a five year
period beginning July 1, 2020 and ending June 30, 2025. Staff have consulted with the community
associations in the preparation of their respective draft lease agreement and have collected their
endorsement of the document. These associations have operated the respective community
centres to the satisfaction to the City.
As per the attached lease agreements, these community associations will continue to book the
premises for non-profit functions, charity events, receptions and any other City approved purpose,
receiving 100 percent of the rental fees. More detailed information regarding community centre
activities as well as community association responsibilities and costs are as follows:
Brougham Recreation Society Inc. provides the Brougham Hall at no cost to a local church
group for special events and Boy Scouts for annual events. The Brougham Hall is permitted for a
fee for various private functions such as showers, anniversaries and holiday parties. The
association is responsible to clean the facility at their expense and coordinates all facility rentals,
keeping 100 percent of rental revenue which totals $3,530 in 2019. The annual expenses of the
CS 22-20 June 15, 2020
Subject: Lease Agreements Page 3
Brougham Recreation Society Inc. totals $2,540 in 2019 and included cleaning supplies, cleaning
services, equipment replacement and insurance.
Greenwood Recreation Association uses the Greenwood Community Centre to host a variety of
community events such as Summer Kick Off BBQ, Novemberfest, Greenwood Fling Dance and
Christmas Pot Luck. The association permits the facility for a fee to a Karate group and for various
private rentals that includes Act One School of Drama, Valley View School and filming.
The association is responsible to clean the facility at their expense and coordinates all facility
rentals, keeping 100 percent of rental revenue which totals $10,000 in 2019. The association
received a further $2,100 through the Karate program in 2019 and $25 through Tennis
Memberships. The annual expenses of the Greenwood Recreation Association totals $7,459 in
2019 and included cleaning supplies, cleaning services, community events and insurance.
Mt. Zion Community Centre Association uses the community centre to host association
meetings. They also provide free use of the community centre when the activity is for community
use (i.e. craft and bake sale, funeral). The facility is permitted for a fee for various private functions
such as bridal showers, baby showers and business meetings.
The association is responsible to clean the facility at their expense and coordinates all facility
rentals, keeping 100 percent of rental revenue which totals $1,740 in 2019. The annual expenses
of the Mt. Zion Community Centre Association totals $560 in 2019 and included cleaning services
and insurance.
Whitevale & District Residents Association uses the Whitevale Community Centre to host their
regular association meetings and a variety of community events such as the Whitevale Spring
Festival, Whitevale Fisherman's Breakfast, Summer Solstice Community BBQ and Whitevale
Christmas Craft Show. The association also permits the facility for a fee for filming, Seaton Trail
Race, scout groups and private rentals.
The association is responsible to clean the facility at their expense and coordinates all facility
rentals, keeping 100 percent of rental revenue which totals $2,288 in 2019. The annual expenses
of the Whitevale & District Residents Association totals $1,965.21 in 2019 and included cleaning
supplies, cleaning services, community events and insurance.
These longstanding community associations have maintained and operated these municipally
owned facilities in a diligent and conscience manner that has satisfied the City. Their contributions
relieve the City of Pickering from the responsibility and cost of managing the day-to-day activities,
permitting and cleaning of the facility, while still providing access to valuable facility space for the
local community. In return for their efforts, these community organizations aim to generate
nominal net revenues and have the opportunity to access free, local, facility space to sustain and
support their association's activities.
As a result, the Community Services Department recommends that a Lease Agreement be
initiated for the Brougham Recreation Society Inc. to operate the Brougham Hall in the form
included as Attachment 1, Greenwood Recreation Association to continue to operate the
CS 22-20 June 15, 2020
Subject: Lease Agreements Page 4
Greenwood Community Centre in the form included as Attachment 2, Mt. Zion Community Centre
Association to continue to operate the Mt. Zion Community Centre in the form included as
Attachment 3, and Whitevale & District Residents Association to continue to operate the Whitevale
Community Centre in the form included as Attachment 4, for a five year term beginning July 1,
2020 and ending June 30, 2025 respectively.
Attachments:
1. Brougham Recreation Society Inc. Lease Agreement
2. Greenwood Recreation Association Lease Agreement
3. Mt. Zion Community Centre Lease Agreement
4. Whitevale District Residents' Association Lease Agreement
Prepared/Approved/Endorsed By:
Marisa Carpino
Director, Community Services & Deputy CAO
MC:as
Recommended for the consideration
of Pickering City Council
Tony Prevedel, P.Eng.
Chief Administrative Officer
Attachment #1 to Report CS 25-20
Lease Agreement
This Lease is made as of the 1St day of July, 2020.
Between:
The Corporation of the City of Pickering
(the "City")
- and -
Brougham Recreation Society Inc.
(the "Association")
Article I
Interpretation
Definitions
1. In this Lease,
(a) "Commencement Date" means July 1, 2020;
(b) "Lease" means this lease as it may be amended from time to time;
(c) "Premises" means the entire facility known as Brougham Hall located at
3545 Mowbray Street, in the City of Pickering, Regional Municipality of
Durham;
(d) "Rent" means the rent payable pursuant to Section 24; and
(e) "Term" means the term of this Lease as set out in Section 19.
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.
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Schedule
3. Schedule "A" (City's Alcohol Management Policy) and Schedule "B" (City's
Conditions of Agreement) are incorporated into and form part of this Lease.
Severability
4. 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
5. 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
6. This Lease shall be governed by, and interpreted and enforced in accordance
with, the laws in force in the Province of Ontario and the laws of Canada
applicable therein.
Entire Agreement
7. 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
8. In consideration of the performance by the Association of its obligations under
this Lease, the City leases the Premises to the Association for its use during the
Term.
Association's Use of Premises
9. The Premises shall be used only for functions by not-for-profit organizations,
other organizations pre -approved in writing by the City, charity events, non-
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commercial receptions and for no other purpose without the prior written consent
of the City which consent may be arbitrarily withheld.
10. The Association's use of the Premises shall be in accordance with the City's
Alcohol Management Policy (Schedule "A") and Conditions of Agreement
(Schedule "B").
11. The Association is only permitted to use the Premises when the Premises is
open to the public. The Association is required to use the Premises within the
same operating hours as the Premises' operating schedules, which schedules
shall be determined solely by the City from time to time. The City reserves the
right, in its sole discretion, to alter the operating schedules and the City will not
be responsible for any losses or damages including any lost revenues and/or
expenses incurred by the Association due to operating schedule changes and/or
Premises closures, for any reason whatsoever.
Nuisance
12. The Association 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.
City's Use of Premises
13. The City shall have first right of refusal to use the Premises. The Association
shall not be entitled to any rental fees or other remuneration associated with the
use of the Premises by the City.
Assignment and Subletting
14. Subject to Section 15, the Association shall not assign this Lease or sublet all or
any portion of the Premises without the prior written consent of the City, which
consent may be arbitrarily withheld.
Licences
15. The Association may grant licences to licensees approved in writing by the City
to use the Premises provided,
(a) the term of the licence does not exceed one (1) month;
(b) the licensee agrees to comply with Sections 9 and 10 of this Lease; and
(c) The Association agrees that it shall only charge such fees for the rental of
the Premises at the rate that is approved by the City from time to time.
The City and the Association shall establish the approved rental fee rate
yearly throughout the Term.
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16. The Association shall retain 100% of all licence fees recovered for the use of the
Premises.
17. The Association shall submit a written report to the City every four months
documenting the source and amount of all licence fees received by the
Association for the Premises.
18. The Association shall submit their annual financial statement to the City by
February 15th of each year of the Term.
Article III
Term
Term
19. The term of this Lease shall be five (5) years commencing on the
Commencement Date and expiring on June 30, 2025.
20. Notwithstanding anything else contained herein, this Lease may be terminated by
either party for any reason upon six month's notice to the other in writing.
21. Upon the expiry or earlier termination of this Lease, the Association shall
surrender to the City possession of the Premises and all the rights of the
Association under this Lease shall terminate (but the Association shall,
notwithstanding such termination, be liable to the City for any loss or damage
suffered by the City by reason of any default of the Association).
22. If the City shall declare this Lease to be terminated pursuant to Section 20, the
City will not be liable to the Association for any damage or loss occasioned
thereby.
Overholding
23. If the Association 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 Association
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.
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Article IV
Rent
Rent
24. The Association shall pay to the City as rent for the entire Term in lawful money
of Canada the sum of One (1) Dollar ($1.00).
Gross Lease
25. 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
26. The Association shall maintain and operate the Premises so that the Premises
shall always be of good appearance and suitable for proper operation.
27. The Association 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.
28. In accordance with the Occupational Health and Safety Act and the WHMIS
Regulation R.R.O. 1990, Reg 860, as amended by O. Reg 36/93, or its
successors, the Association shall be responsible to maintain a binder containing
safety data sheets for all hazardous products stored or used on the Premises.
The said binder must be kept current at all times and be available for reference
by users of said products.
29. The Association shall be responsible to provide the City with:
(a) WHMIS training certification of individuals working with cleaning
products and/or hazardous materials on the Premises and of
Association members working alone or overseeing any
maintenance tasks performed on the Premises; and
(b) Completed Ministry of Labour Health & Safety Awareness Training
for Supervisors for those same individuals.
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30. The Association shall be responsible for all day-to-day operating expenses,
including, but not limited to, garbage removal. The Association shall not be
responsible for utilities.
31. The City shall provide snow removal services for the parking lot. The Association
shall be responsible for snow removal on all sidewalks, walkways and all other
areas of pedestrian passage on the Premises.
32. (1) Subject to subsection (2), the City shall be responsible for all inspections,
preventative maintenance, and replacement at its sole discretion, with
respect to:
(a) HVAC equipment;
(b) electrical systems (including lighting);
(c) water supply, treatment and septic systems;
(d) plumbing system and fixtures;
(e) roofs;
(f) exterior cladding;
(g) doors and hardware;
(h) parking lots; and
(i) lawn care, landscaping and pest control.
(2) The Association shall be responsible for any damages or costs incurred
due to the misuse or negligence of the Association, its employees,
invitees, servants, agents, or others under its control and the Association
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.
33. The Association shall immediately notify the City of any unsafe conditions on the
Premises.
Security
34. The Association shall be responsible for the security of the Premises. The
Association will ensure that no copies of the keys to the Premises are made or
given to third parties (even temporarily) without the prior written consent of the
City. Only Association representatives that have signed for keys with the City or
parties granted written consent by the City, will be authorized to be in possession
of keys to the Premises.
35. Any keys provided to the Association, or its licensees, must be returned to the
City immediately upon request.
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Alterations/Improvements to Premises
36. The Association shall only be permitted to make alterations and improvements to
the Premises that have been approved by the City.
Article VI
Insurance and Indemnity
Association's Insurance
37. The Association, at its sole cost and expense, shall take out and keep in full force
and effect throughout the Term,
(a) insurance upon property owned by it which is located on the Premises;
and
(b) commercial general liability insurance pertaining to the Association'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 not less than five million dollars ($5,000,000.00) 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.
38. Prior to the Commencement Date, the Association 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.
39. The provision of the insurance policy required by this section shall not relieve the
Association from liability for claims not covered by the policy or which exceed its
limits, if any, for which the Association may be held responsible.
40. The Association is responsible for insuring all of their equipment, contents, and
leasehold improvements.
Insurance Risks
41. The Association 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 Association on the Premises causes or
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results in any increase in premiums for any of the City's insurance policies, the
Association shall pay such increase to the City.
Limitation of City's Liability
42. The City shall not be liable for any bodily injury or death of any person, or loss or
damage to any property belonging to the Association or its employees, invitees
or licensees or its guests, or to any other person in, on or about the Premises,
unless caused by the gross negligence of the City.
Indemnification
43. The Association shall indemnify and save harmless the City, its directors,
officers, employees, elected officials, agents, contractors and representatives
from and against any and all actions, losses, damages, claims, costs and
expenses (including, without limiting the generality of the foregoing, all claims for
personal injury, death and/or property damage) and also damages arising from
any breach of this Lease by the Association or from any act or omission of the
Association or those for whom the Association is at law responsible in or around
the Premises arising from the Association's use and occupation of the Premises.
The City shall not be liable for any loss or damage to any property belonging to
the Association or to any other persons or for any injury to any person while such
person or property is on the Premises, unless such loss, damage or injury is
caused directly by the negligence of the City, or those for whom the City is at law
responsible. This provision shall survive the expiration or earlier termination of
this Lease.
Article VII
Remedies on Default
City's Right to Re -Enter
44. If any amount payable to the City under this Lease shall remain unpaid for fifteen
(15) days after the Association 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
45. In addition to all other remedies the City may have under this Lease and in law, if
the Association 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
Association (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
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which it may have with respect to such default, may remedy such default and the
Association shall be responsible for all such costs.
Waiver
46. No condoning, excusing or overlooking by the City of any default, breach or
non -observance by the Association 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
Association save only an express waiver in writing.
Article VIII
Miscellaneous
Quiet Enjoyment
47. The City shall permit the Association 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 Association is not in
default.
Right of Entry
48. The Association agrees to permit the City and authorized representatives of the
City to enter the Premises at any time for the purpose of inspecting the Premises.
The City shall use its best efforts to minimize the disruption to the Association's
use of the Premises during any such entry.
Signs
49. The Association may only erect signs on the Premises with the City's prior written
approval. All such signs shall be removed from the Premises at the end of the
Term.
Compliance with Laws
50. The Association, 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 Association or the making of any
improvements to the Premises by the Association.
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Notice
51. Any notice required to be given by the City to the Association under this Lease
shall be in writing and shall be delivered to the Premises or such other address of
which the Association has notified the City in writing, and any such notice
delivered shall be deemed good and sufficient notice under the terms of this
Lease.
52. Any notice required to be given by the Association 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, L1V 6K7
(Attention: City Clerk) or such other address of which the City has notified the
Association in writing, and any such notice delivered shall be deemed good and
sufficient notice under the terms of this Lease.
Successors and Assigns
53. 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.
Title
54. The Association hereby agrees to keep title to the Premises, including every part
thereof, free and clear of any lien, encumbrance or security interest or notice
thereof. The Association shall not enter into any agreements for the Premises
which would run with the Premises and become an obligation of the City upon
termination or expiration of this Lease.
Force Majeure
55. The City shall not be liable for any damages caused by any delay or failure to
perform the whole or any part of this Lease, where such performance is made
impossible or impractical due to any cause direct or indirect, beyond the control
of the City, including, but not limited to, labour disruptions, strikes, lockouts, fire,
flood, storms, acts of nature, natural disasters, acts of war, insurrection and
terrorism, outbreak, pandemic, epidemic, disease or emergency.
Registration
56. The Association shall not have the right to register this Lease or notice thereof
against title to the Premises or any part thereof.
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In Witness Whereof the parties have executed this Lease as of the date first
written above.
The Corporation of the City of Pickering
Kevin Ashe, Deputy Mayor
Susan Cassel, City Clerk
Brougham Recreation Society Inc.
Gord McGregor, President
I have authority to bind the Corporation.
Schedule "A"
City's Alcohol Management Policy
The Corporation of the City of Pickering
Community Services Department
MUNICIPAL ALCOHOL POLICY
February 2020
Purpose
The purpose of this policy is to endeavor to ensure the appropriate
management of the use and consumption of alcoholic beverages in
municipally owned facilities; to avoid related problems and to ensure the
safety and well being of all participants and to protect the Corporation, its
employees and 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 License Board of
Ontario at which alcoholic beverages may be consumed;
(b) "Closed private licensed function" means a licensed function
determined by the Director of Community Services to be closed to
the general public and of a private nature;
(c) "Designated facility" means a City 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 City has
granted written permission to use a designated facility for a
licensed function and;
(e) "Server" means any person serving alcohol
2. Designated Facilities
(1) The following are designated facilities for indoor licensed functions:
(a) Brougham Community Centre
(b) Dr. Nelson F. Tomlinson Community Centre
(c) Don Beer Sports Facility Community Centre
(d) East Shore Community Centre
(e) Green River Community Centre
(f) Greenwood Community Centre
(g) Mount Zion Community Centre
(h) Pickering Civic Complex
Chestnut Hill Developments Recreation Complex
Seniors Activity Centre
West Shore Community Centre
Whitevale Community Centre
George Ashe Community Centre
Pickering Museum Village
(2) The following are designated facilities for outdoor licensed
functions:
(a) Dr. Nelson F. Tomlinson Community Park
(b) Dunmoore Park
(c) Kinsmen Park
(d) Pickering Museum Village
3. Alcohol Restrictions Within Designated Facilities
All designated facilities defined in this policy shall be deemed a "public
place" and as such, in accordance with Section 31 of the Liquor Licence
Act, R.S.O. 1990, c.L. 19, no person shall have or consume or sell liquor
in any designated facility unless a licence or permit is issued or unless
specifically covered by an L.L.B.O. permit.
4. Safe Transportation
(1) Only those users implementing a safe transportation strategy (e.g.,
a designated driver program, an alternate home transportation
option) to prevent intoxicated participants from driving will be
permitted to use designated 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 permission to
use the designated facility for a licensed function is granted.
5. No Alcohol and Low Alcohol Drinks
(1) Only users offering a sufficient quantity of no alcohol and low
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 strategy will be implemented by the user if written permission to
use the designated facility for a licensed function is granted.
6. "Statement 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:
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City of Pickering — Community Services Department.
Statement of Intoxication
It is contrary to the Liquor Licence Act of Ontario to serve persons
to intoxication. For this reason, servers in this facility 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 City to users for display by them in
the designated facility during the licensed function.
7 Participant Controls
(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 controls shall include the following:
(3)
(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 license
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.
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.
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8. 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.
Such training should utilize CAMH course material, and may be
provided, at a reasonable cost, through the Community Services
Department.
The Director may require a potential user to demonstrate that
sufficient numbers of supervisors, monitors and servers that have
attended such a course will be provided 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 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.
(5)
All servers must be "Smart Serve Certified"
9. Insurance
(1) Liability Insurance is a mandatory requirement for all
individuals/community user groups utilizing city -owned or operated
facilities within the City of Pickering. All programs, meetings,
recreational events, cultural and social events require liability
insurance. Users groups can provide personal proof of insurance,
a minimum of $2 million insurance, naming the City of Pickering as
an additional insured, or purchase insurance through the City of
Pickering, Facility User Group Program. Rates for insurance
coverage will vary depending on risk factors, length of the activity,
the number of participants, among other factors at the event. Any
changes in activities by the user group must be reported to Facility
Booking Staff for possible adjustments to the permit. Insurance
information must be received and paid in full before the permit start
date. Liability Insurance covers from the time and date reflected on
the rental permit only. The extra fee for the liability insurance will be
added to the rental agreement with the applicable taxes.
(2) When a patron requests a facility/ice rental, facility booking staff
members will confirm the event/function required on the permit.
Facility staff will review the Liability Insurance User Group Rating
Schedule to determine the appropriate fee to be charged to the
individual/community user group.
4
(3)
Only users having a minimum of $2,000,000 third party general
liability insurance coverage, naming the Corporation of the City of
Pickering as an additional insured, will be permitted to use
designated facilities for licensed functions.
10. Accountability
(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 License
Board of Ontario; and
(e) The address and telephone number of the Community
Services Department
(2) A user that contravenes any City policy or procedure or any
applicable law may be refused permission to use designated
facilities for licensed functions, at the Director's discretion;
Indefinitely, or
(a) Until the user can demonstrate to the Director's satisfaction
that a further contravention shall not occur.
11. Promoting the Policy
The Community Services Department shall design and implement, in
consultation with CAMH, a strategy to orient all potential users to the
requirements of this policy and to promote this policy to the community at
large.
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Schedule "B"
City's Conditions of Agreement
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DICKERING
Facility Rental Application
Conditions of Agreement
1) The City reserves the right to cancel any permit temporarily or permanently, should
accommodation be required for special events, or in an emergency.
2) 50% of payment is due at time of booking. This is a non-refundable deposit. The remaining
50% is due in full, 90 days prior to the permit date of the event.
3) Applicants must be members of authority in the organization seeking accommodation. Permit
holders must be on site for the duration of the rental.
4) The facility is to be used only on the date(s) and time(s) specified, and only for the purpose
named. No teen dances/parties, stags or stagettes are permitted in our halls. This permit
is not transferrable.
5) The City will not be responsible for personal injury or damage or for the loss or theft of clothing
or equipment of the applicants, or anyone attending on the invitation of the applicant or any
persons contracted by the applicant.
6) The applicant shall be responsible for the conduct and supervision of all persons admitted to
the building(s) and grounds and shall see that all regulations contained herein are strictly
observed.
7) Unnecessary noise which disturbs the peace, quiet, or comfort of any person in any type of
residence, place of business, etc., in proximity to the facility shall not be permitted.
8) The exits must be kept free from obstruction in case of fire.
a) The applicant must pay all damages arising from the use of the property.
b) A damage/security deposit will be charged for all rentals, to be refunded at a later date, if
no damage, excessive maintenance costs are incurred as a result of the facility rental.
c) The applicant must pay such fees for extra work by custodians, etc., as the City may
determine.
9) Games of chance, lottery, or gambling in any forms, contrary to law is strictly forbidden.
10) It shall be the responsibility of the applicant to see that all persons admitted to the function
being held, have vacated the premises promptly by 2:00 am.
11) If liquor of any type is to be served, sold or available at the function, the applicant must obtain
all necessary permits and licenses and must adhere to the City of Pickering `Alcohol
Management Policy'. A copy of the liquor license must be posted on the wall during the
function.
12) The City of Pickering requires every event have a minimum of $2,000,000 third party general
liability insurance coverage. This insurance must be purchased as part of the rental process.
13) For all special occasion permits, only monitors and servers that possess a server intervention
program certificate will be permitted to use the designated facility. Information is available at
www.smartserve.org.
14) The licensor reserves the right to provide security personnel or Pay -Duty Police at the expense
of the licensee, should the Manager, Facility Programs and Administration deem it necessary.
15) Hall cancellations are subject to a $40.00 administration fee.
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DICKERING
Facility Rental Application
16) All cancellations must be received in writing ninety days prior to the function, or the entire
rental fee will be forfeited.
17) All rental rates are subject to increase. Post-dated cheques will not be accepted.
18) This contract is not valid unless it is signed and dated by the person renting the facility and
returned as soon as possible to the Facility Booking Clerk.
19) Recreation Complex Staff will set-up the tables and chairs `provided' a diagram of the layout is
submitted one week preceding the function. You may obtain the diagrams at the Complex
Information Desk. Any materials/articles dropped off prior to the function, or left after the
function, must have prior approval from the Maintenance Department or designate.
20) If Complex Banquet Halls are rented, please use the outside entrance to Banquet Hall, do not
use main Complex doors.
Personal information contained on this form is collected pursuant to the Municipal Freedom of
Information and Protection of Privacy Act and will be used for the purpose of administering
facility rentals. Questions about this collection should be directed to the City Clerk, One the
Esplanade, Pickering, ON L1V 6K7, 905.420.4611.
HST applies to this Rental — Registration No. 108078593
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DICKERING
Facility Rental Application
Facility Rules and Regulations
Failure to comply with the below will result in loss of damage deposits
A. All Facilities
• no confetti/rice is allowed in City facilities or parking lots
• facilities must be vacated by 2:00 am, ensuring that all decorations and function supplies
have been removed
• smoking of any type of tobacco product is not permitted in any City facility. All City
facilities are designated non-smoking (Durham Region By-law No. 66-2002)
• the City of Pickering cannot supply ladders or lift equipment to any permit holder. If this
service is required it must be arranged with and approved by the City of Pickering one
week prior to the event
• caterers, bartenders, disc jockeys, entertainers, liquor licenses, etc., are the renter's
responsibility
• keys for West Shore Community Centre may be obtained at the Chestnut Hill
Developments Recreation Complex during regular operating hours. Please call
905.831.1711 for hours
• liquor license must be visible on the bar wall at all times during the function
• unnecessary noise, which disturbs the peace, quiet, or comfort of any person in any type
of residence, place of business, etc., in proximity to the facility is not permitted
• daytime rental keys must be returned immediately following the function to the Recreation
Complex
• evening rentals (those finishing after 9:00 pm) must be returned before 12:00 pm the
following day to the Recreation Complex
• decorating is the sole responsibility of the renter. Staples, tape, nails, glue, etc., are not
permitted. Helium balloons are permitted, provided they are securely anchored
• as per liquor regulations all bars must close at 1:00 am sharp
• set-up times for your event is as per your permit
B. West Shore Community Centre
• garbage must be placed in the garbage bin at the back of the building
• renters are responsible for their own set-up
• tables and chairs must be put neatly away in the storage room
• no live bands are permitted
• renters must supply their own mix
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DICKERING
Facility Rental Application
C. George Ashe Community Centre
• the piano is the property of the Rouge Hill Senior Club. Please do not play
• renters must supply their own mix and ice
• City of Pickering staff will set-up the tables and chairs provided a diagram of the layout is
submitted on the Monday preceding the function. You may obtain the diagram at the
Recreation Complex Information Desk
Staples, tape, nails, glue, etc., are not permitted.
D. Don Beer Arena
• renters are responsible for their own set-up
• tables and chairs must be put neatly away in the storage room
• renters must supply their own mix and ice
E. Chestnut Hill Developments Recreation Complex East/West Salons and O'Brien Meeting
Rooms
• Recreation Complex Staff will set-up the tables and chairs provided a diagram of the
layout is submitted on the Monday preceding the function
• you may obtain the diagram at the Recreation Complex Information Desk
F. East Shore Community Centre
• renters are responsible for their own set-up
• tables and chairs must be neatly away in the storage room
• renters must supply their own mix and ice
For complete regulations, please see Conditions of Agreement.
Attachment #2 to Report CS 25-20
Lease Agreement
This Lease is made as of the 1St day of July, 2020.
Between:
The Corporation of the City of Pickering
(the "City")
- and -
Greenwood Recreation Association
(the "Association")
Article I
Interpretation
Definitions
1. In this Lease,
(a) "Commencement Date" means July 1, 2020;
(b) "Lease" means this lease as it may be amended from time to time;
(c) "Premises" shall mean that portion of Greenwood Community Centre
located at 3551 Greenwood Road, Pickering, ON LOH 1H0, being
comprised of the first floor hallways, concession area, and storage rooms,
and the second floor multi-purpose hall with kitchen, adjacent hallways,
and washroom facilities as shown on the sketch attached hereto as
Schedule "A";
(d) "Rent" means the rent payable pursuant to Section 25; and
(e) "Term" means the term of this Lease as set out in Section 20.
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
Schedule
3. Schedule "B" (City's Alcohol Management Policy) and Schedule "C" (City's
Conditions of Agreement) are incorporated into and form part of this Lease.
Severability
4. 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
5. 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
6. This Lease shall be governed by, and interpreted and enforced in accordance
with, the laws in force in the Province of Ontario and the laws of Canada
applicable therein.
Entire Agreement
7. 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
8. In consideration of the performance by the Association of its obligations under
this Lease, the City leases the Premises to the Association for its use during the
Term.
Association's Use of Premises
9. The Premises shall be used only for functions by not-for-profit organizations,
other organizations pre -approved in writing by the City, charity events, non-
3
commercial receptions and for no other purpose without the prior written consent
of the City which consent may be arbitrarily withheld.
10. The Association's use of the Premises shall be in accordance with the City's
Alcohol Management Policy (Schedule "B") and Conditions of Agreement
(Schedule "C").
11. The Association shall have the exclusive use of the Premises every Saturday and
Wednesday evening from 4 p.m. to 11 p.m.
12. Subject to Section 11, the Association is only permitted to use the Premises
when the Premises is open to the public. The Association is required to use the
Premises within the same operating hours as the Premises' operating schedules,
which schedules shall be determined solely by the City from time to time. The
City reserves the right, in its sole discretion, to alter the operating schedules and
the City will not be responsible for any losses or damages including any lost
revenues and/or expenses incurred by the Association due to operating schedule
changes and/or Premises closures, for any reason whatsoever.
Nuisance
13. The Association 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.
City Use of Premises
14. The City shall have first right of refusal to use the Premises. The Association
shall not be entitled to any rental fees or other remuneration associated with the
use of the Premises by the City.
Assignment and Subletting
15. Subject to Section 16, the Association shall not assign this Lease or sublet all or
any portion of the Premises without the prior written consent of the City, which
consent may be arbitrarily withheld.
Licences
16. The Association may grant licences to licensees approved in writing by the City
to use the Premises provided,
(a) the term of the licence does not exceed one (1) year;
(b) the licensee agrees to comply with Sections 9 and 10 of this Lease; and
4
(c) the Association agrees that it shall only charge such fees for the rental of
the Premises at the rate that is approved by the City from time to time.
The City and the Association shall establish the approved rental fee rate
yearly throughout the Term.
17. The Association shall retain 100% of all licence fees recovered for use of the
Premises.
18. The Association shall submit a written report to the City every six months
documenting the source and amount of all licence fees received by the
Association for the Premises.
19. The Association shall submit their annual financial statement to the City by
February 15th of each year of the Term.
Article III
Term
Term
20. The term of this Lease shall be four (4) years commencing on the
Commencement Date and expiring on June 30, 2024.
21. Notwithstanding anything else contained herein, this Lease may be terminated by
either party for any reason upon six month's notice to the other in writing.
22. Upon the expiry or earlier termination of this Lease, the Association shall
surrender to the City possession of the Premises and all the rights of the
Association under this Lease shall terminate (but the Association shall,
notwithstanding such termination, be liable to the City for any loss or damage
suffered by the City by reason of any default of the Association).
23. If the City shall declare this Lease to be terminated pursuant to Section 21, the
City will not be liable to the Association for any damage or loss occasioned
thereby.
Overholding
24. If the Association 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 Association
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.
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Article IV
Rent
Rent
25. The Association shall pay to the City as rent for the entire Term in lawful money
of Canada the sum of One (1) Dollar ($1.00).
Gross Lease
26. 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
27. The Association shall maintain and operate the Premises so the Premises shall
always be of good appearance and suitable for proper operation.
28. The Association shall provide general maintenance services to the Premises at
its expense and shall provide all necessary cleaning and maintenance supplies
such as cleaning products and cleaning equipment.
29. In accordance with the Occupational Health and Safety Act and the WHMIS
Regulation R.R.O. 1990, Reg 860, as amended by O. Reg 36/93, or its
successors, the Association shall be responsible to maintain a binder containing
safety data sheets for all hazardous products stored or used on the Premises.
The said binder must be kept current at all times and be available for reference
by users of said products.
30. The Association shall be responsible to provide the City with:
(a) WHMIS training certification of individuals working with cleaning
products and/or hazardous materials on the Premises and of
Association members working alone or overseeing any
maintenance tasks performed on the Premises; and
(b) Completed Ministry of Labour Health & Safety Awareness Training
for Supervisors for those same individuals.
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31. The Association shall be responsible for all day-to-day operating expenses,
including, but not limited to, garbage removal from the facility to the exterior
storage bin. The Association shall not be responsible for utilities.
32. The City shall provide snow removal services for the parking lot, sidewalks,
walkways and all other areas of pedestrian passage on the Premises.
33. (1) Subject to subsection (2), the City shall be responsible for all inspections,
preventative maintenance, and replacement at its sole discretion, with
respect to:
(a) HVAC equipment;
(b) electrical systems (including lighting);
(c) water supply, treatment and septic systems;
(d) plumbing system and fixtures;
(e) roofs;
(f) exterior cladding;
(g) doors and hardware;
(h) parking lots; and
(i) lawn care, landscaping and pest control.
(2) The Association shall be responsible for any damages or costs incurred
due to the misuse or negligence of the Association, its employees,
invitees, servants, agents, or others under its control and the Association
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.
34. The Association shall immediately notify the City of any unsafe conditions on the
Premises.
Security
35. The Association shall be responsible for the security of the Premises. The
Association will ensure that no copies of the keys to the Premises are made or
given to third parties (even temporarily) without the prior written consent of the
City. Only Association representatives that have signed for keys with the City, or
parties granted written consent by the City, will be authorized to be in possession
of keys to the Premises.
36. Notwithstanding the foregoing, the City authorizes the Association to temporarily
provide existing keys to permit holders of the Premises to permit access to the
facility for setup, events and clean up. The Association remains responsible for
issuance and prompt collection of these keys from such permitted parties. Lost
or missing keys shall be reported promptly to the City, which may, at its
7
discretion, recover the cost of replacement keys or cylinders from the
Association.
37. Any keys provided to the Association, or its licensees, must be returned to the
City immediately upon request.
Alterations/Improvements to Premises
38. The Association shall only be permitted to make alterations and improvements to
the Premises that have been approved by the City.
Article VI
Insurance and Indemnity
Association's Insurance
39. The Association, at its sole cost and expense, shall take out and keep in full force
and effect throughout the Term,
(a) insurance upon property owned by it which is located on the Premises;
and
(b) commercial general liability insurance pertaining to the Association'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 not less than five million dollars ($5,000,000.00) 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.
40. Prior to the Commencement Date, the Association 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.
41. The provision of the insurance policy required by this Section shall not relieve the
Association from liability for claims not covered by the policy or which exceed its
limits, if any, for which the Association may be held responsible.
42. The Association is responsible for insuring all of their equipment, contents, and
leasehold improvements.
8
Insurance Risks
43. The Association 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 Association on the Premises causes or
results in any increase in premiums for any of the City's insurance policies, the
Association shall pay such increase to the City.
Limitation of City's Liability
44. The City shall not be liable for any bodily injury or death of any person, or loss or
damage to any property belonging to the Association or its employees, invitees
or licensees or its guests, or to any other person in, on or about the Premises,
unless caused by the gross negligence of the City.
Indemnification
45. The Association shall indemnify and save harmless the City, its directors,
officers, employees, elected officials, agents, contractors and representatives
from and against any and all actions, losses, damages, claims, costs and
expenses (including, without limiting the generality of the foregoing, all claims for
personal injury, death and/or property damage) and also damages arising from
any breach of this Lease by the Association or from any act or omission of the
Association or those for whom the Association is at law responsible in or around
the Premises arising from the Association's use and occupation of the Premises.
The City shall not be liable for any loss or damage to any property belonging to
the Association or to any other persons or for any injury to any person while such
person or property is on the Premises, unless such loss, damage or injury is
caused directly by the negligence of the City, or those for whom the City is at law
responsible. This provision shall survive the expiration or earlier termination of
this Lease.
Article VII
Remedies on Default
City's Right to Re -Enter
46. If any amount payable to the City under this Lease shall remain unpaid for fifteen
(15) days after the Association has received notice thereof, then it shall be lawful
for the City at any time thereafter to re-enter the Premises.
9
City's Right to Remedy Default
47. In addition to all other remedies the City may have under this Lease and in law, if
the Association 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
Association (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
Association shall be responsible for all such costs.
Waiver
48. No condoning, excusing or overlooking by the City of any default, breach or
non -observance by the Association 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
Association save only an express waiver in writing.
Article VIII
Miscellaneous
Quiet Enjoyment
49. The City shall permit the Association 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 Association is not in
default.
Right of Entry
50. The Association agrees to permit the City and authorized representatives of the
City to enter the Premises at any time for the purpose of inspecting the Premises.
The City shall use its best efforts to minimize the disruption to the Association's
use of the Premises during any such entry.
Signs
51. The Association may only erect signs on the Premises with the City's prior written
approval. All such signs shall be removed from the Premises at the end of the
Term.
10
Compliance with Laws
52. The Association, 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 Association or the making of any
improvements to the Premises by the Association.
Notice
53. Any notice required to be given by the City to the Association under this Lease
shall be in writing and shall be delivered to the Premises or such other address of
which the Association has notified the City in writing, and any such notice
delivered shall be deemed good and sufficient notice under the terms of this
Lease.
54. Any notice required to be given by the Association 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, L1V 6K7
(Attention: City Clerk) or such other address of which the City has notified the
Association in writing, and any such notice delivered shall be deemed good and
sufficient notice under the terms of this Lease.
Successors and Assigns
55. 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.
Title
56. The Association hereby agrees to keep title to the Premises, including every part
thereof, free and clear of any lien, encumbrance or security interest or notice
thereof. The Association shall not enter into any agreements for the Premises
which would run with the Premises and become an obligation of the City upon
termination or expiration of this Lease.
Force Majeure
57. The City shall not be liable for any damages caused by any delay or failure to
perform the whole or any part of this Lease, where such performance is made
impossible or impractical due to any cause direct or indirect, beyond the control
of the City, including, but not limited to, labour disruptions, strikes, lockouts, fire,
flood, storms, acts of nature, natural disasters, acts of war, insurrection and
terrorism, outbreak, pandemic, epidemic, disease or emergency.
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Registration
58. The Association shall not have the right to register this Lease or notice thereof
against title to the Premises or any part thereof.
Schedules
59. Schedules "A", "B" and "C" attached hereto form part of this Lease.
In Witness Whereof the parties have executed this Lease as of the date first
written above.
The Corporation of the City of
Pickering
Kevin Ashe, Deputy Mayor
Susan Cassel, City Clerk
Greenwood Recreation Association
Lucy Wetherall, President
I have authority to bind the Corporation.
Schedule "A"
Sketch of Premises
SCHEDULE 'A'
SECOND FLOOR
STAIRWELL
HT
illi
I I I
I I I
GROUND FLOOR
GREENWOOD COMMUNITY CENTRE
PREMISES
0
5 10
METRES
NORTH
Schedule "B"
City's Alcohol Management Policy
The Corporation of the City of Pickering
Community Services Department
MUNICIPAL ALCOHOL POLICY
February 2020
Purpose
The purpose of this policy is to endeavor to ensure the appropriate
management of the use and consumption of alcoholic beverages in
municipally owned facilities; to avoid related problems and to ensure the
safety and well being of all participants and to protect the Corporation, its
employees and 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 License Board of
Ontario at which alcoholic beverages may be consumed;
(b) "Closed private licensed function" means a licensed function
determined by the Director of Community Services to be closed to
the general public and of a private nature;
(c) "Designated facility" means a City 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 City has
granted written permission to use a designated facility for a
licensed function and;
(e) "Server" means any person serving alcohol
2. Designated Facilities
(1) The following are designated facilities for indoor licensed functions:
(a) Brougham Community Centre
(b) Dr. Nelson F. Tomlinson Community Centre
(c) Don Beer Sports Facility Community Centre
(d) East Shore Community Centre
(e) Green River Community Centre
(f) Greenwood Community Centre
(g) Mount Zion Community Centre
(h) Pickering Civic Complex
Chestnut Hill Developments Recreation Complex
Seniors Activity Centre
West Shore Community Centre
Whitevale Community Centre
George Ashe Community Centre
Pickering Museum Village
(2) The following are designated facilities for outdoor licensed
functions:
(a) Dr. Nelson F. Tomlinson Community Park
(b) Dunmoore Park
(c) Kinsmen Park
(d) Pickering Museum Village
3. Alcohol Restrictions Within Designated Facilities
All designated facilities defined in this policy shall be deemed a "public
place" and as such, in accordance with Section 31 of the Liquor Licence
Act, R.S.O. 1990, c.L. 19, no person shall have or consume or sell liquor
in any designated facility unless a licence or permit is issued or unless
specifically covered by an L.L.B.O. permit.
4. Safe Transportation
(1) Only those users implementing a safe transportation strategy (e.g.,
a designated driver program, an alternate home transportation
option) to prevent intoxicated participants from driving will be
permitted to use designated 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 permission to
use the designated facility for a licensed function is granted.
5. No Alcohol and Low Alcohol Drinks
(1) Only users offering a sufficient quantity of no alcohol and low
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 strategy will be implemented by the user if written permission to
use the designated facility for a licensed function is granted.
6. "Statement 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:
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City of Pickering — Community Services Department.
Statement of Intoxication
It is contrary to the Liquor Licence Act of Ontario to serve persons
to intoxication. For this reason, servers in this facility 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 City to users for display by them in
the designated facility during the licensed function.
7 Participant Controls
(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 controls shall include the following:
(3)
(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 license
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.
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.
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8. 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.
Such training should utilize CAMH course material, and may be
provided, at a reasonable cost, through the Community Services
Department.
The Director may require a potential user to demonstrate that
sufficient numbers of supervisors, monitors and servers that have
attended such a course will be provided 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 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.
(5)
All servers must be "Smart Serve Certified"
9. Insurance
(1) Liability Insurance is a mandatory requirement for all
individuals/community user groups utilizing city -owned or operated
facilities within the City of Pickering. All programs, meetings,
recreational events, cultural and social events require liability
insurance. Users groups can provide personal proof of insurance,
a minimum of $2 million insurance, naming the City of Pickering as
an additional insured, or purchase insurance through the City of
Pickering, Facility User Group Program. Rates for insurance
coverage will vary depending on risk factors, length of the activity,
the number of participants, among other factors at the event. Any
changes in activities by the user group must be reported to Facility
Booking Staff for possible adjustments to the permit. Insurance
information must be received and paid in full before the permit start
date. Liability Insurance covers from the time and date reflected on
the rental permit only. The extra fee for the liability insurance will be
added to the rental agreement with the applicable taxes.
(2) When a patron requests a facility/ice rental, facility booking staff
members will confirm the event/function required on the permit.
Facility staff will review the Liability Insurance User Group Rating
Schedule to determine the appropriate fee to be charged to the
individual/community user group.
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(3)
Only users having a minimum of $2,000,000 third party general
liability insurance coverage, naming the Corporation of the City of
Pickering as an additional insured, will be permitted to use
designated facilities for licensed functions.
10. Accountability
(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 License
Board of Ontario; and
(e) The address and telephone number of the Community
Services Department
(2) A user that contravenes any City policy or procedure or any
applicable law may be refused permission to use designated
facilities for licensed functions, at the Director's discretion;
Indefinitely, or
(a) Until the user can demonstrate to the Director's satisfaction
that a further contravention shall not occur.
11. Promoting the Policy
The Community Services Department shall design and implement, in
consultation with CAMH, a strategy to orient all potential users to the
requirements of this policy and to promote this policy to the community at
large.
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Schedule "C"
City's Conditions of Agreement
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DICKERING
Facility Rental Application
Conditions of Agreement
1) The City reserves the right to cancel any permit temporarily or permanently, should
accommodation be required for special events, or in an emergency.
2) 50% of payment is due at time of booking. This is a non-refundable deposit. The remaining
50% is due in full, 90 days prior to the permit date of the event.
3) Applicants must be members of authority in the organization seeking accommodation. Permit
holders must be on site for the duration of the rental.
4) The facility is to be used only on the date(s) and time(s) specified, and only for the purpose
named. No teen dances/parties, stags or stagettes are permitted in our halls. This permit
is not transferrable.
5) The City will not be responsible for personal injury or damage or for the loss or theft of clothing
or equipment of the applicants, or anyone attending on the invitation of the applicant or any
persons contracted by the applicant.
6) The applicant shall be responsible for the conduct and supervision of all persons admitted to
the building(s) and grounds and shall see that all regulations contained herein are strictly
observed.
7) Unnecessary noise which disturbs the peace, quiet, or comfort of any person in any type of
residence, place of business, etc., in proximity to the facility shall not be permitted.
8) The exits must be kept free from obstruction in case of fire.
a) The applicant must pay all damages arising from the use of the property.
b) A damage/security deposit will be charged for all rentals, to be refunded at a later date, if
no damage, excessive maintenance costs are incurred as a result of the facility rental.
c) The applicant must pay such fees for extra work by custodians, etc., as the City may
determine.
9) Games of chance, lottery, or gambling in any forms, contrary to law is strictly forbidden.
10) It shall be the responsibility of the applicant to see that all persons admitted to the function
being held, have vacated the premises promptly by 2:00 am.
11) If liquor of any type is to be served, sold or available at the function, the applicant must obtain
all necessary permits and licenses and must adhere to the City of Pickering `Alcohol
Management Policy'. A copy of the liquor license must be posted on the wall during the
function.
12) The City of Pickering requires every event have a minimum of $2,000,000 third party general
liability insurance coverage. This insurance must be purchased as part of the rental process.
13) For all special occasion permits, only monitors and servers that possess a server intervention
program certificate will be permitted to use the designated facility. Information is available at
www.smartserve.org.
14) The licensor reserves the right to provide security personnel or Pay -Duty Police at the expense
of the licensee, should the Manager, Facility Programs and Administration deem it necessary.
15) Hall cancellations are subject to a $40.00 administration fee.
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DICKERING
Facility Rental Application
16) All cancellations must be received in writing ninety days prior to the function, or the entire
rental fee will be forfeited.
17) All rental rates are subject to increase. Post-dated cheques will not be accepted.
18) This contract is not valid unless it is signed and dated by the person renting the facility and
returned as soon as possible to the Facility Booking Clerk.
19) Recreation Complex Staff will set-up the tables and chairs `provided' a diagram of the layout is
submitted one week preceding the function. You may obtain the diagrams at the Complex
Information Desk. Any materials/articles dropped off prior to the function, or left after the
function, must have prior approval from the Maintenance Department or designate.
20) If Complex Banquet Halls are rented, please use the outside entrance to Banquet Hall, do not
use main Complex doors.
Personal information contained on this form is collected pursuant to the Municipal Freedom of
Information and Protection of Privacy Act and will be used for the purpose of administering
facility rentals. Questions about this collection should be directed to the City Clerk, One the
Esplanade, Pickering, ON L1V 6K7, 905.420.4611.
HST applies to this Rental — Registration No. 108078593
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DICKERING
Facility Rental Application
Facility Rules and Regulations
Failure to comply with the below will result in loss of damage deposits
A. All Facilities
• no confetti/rice is allowed in City facilities or parking lots
• facilities must be vacated by 2:00 am, ensuring that all decorations and function supplies
have been removed
• smoking of any type of tobacco product is not permitted in any City facility. All City
facilities are designated non-smoking (Durham Region By-law No. 66-2002)
• the City of Pickering cannot supply ladders or lift equipment to any permit holder. If this
service is required it must be arranged with and approved by the City of Pickering one
week prior to the event
• caterers, bartenders, disc jockeys, entertainers, liquor licenses, etc., are the renter's
responsibility
• keys for West Shore Community Centre may be obtained at the Chestnut Hill
Developments Recreation Complex during regular operating hours. Please call
905.831.1711 for hours
• liquor license must be visible on the bar wall at all times during the function
• unnecessary noise, which disturbs the peace, quiet, or comfort of any person in any type
of residence, place of business, etc., in proximity to the facility is not permitted
• daytime rental keys must be returned immediately following the function to the Recreation
Complex
• evening rentals (those finishing after 9:00 pm) must be returned before 12:00 pm the
following day to the Recreation Complex
• decorating is the sole responsibility of the renter. Staples, tape, nails, glue, etc., are not
permitted. Helium balloons are permitted, provided they are securely anchored
• as per liquor regulations all bars must close at 1:00 am sharp
• set-up times for your event is as per your permit
B. West Shore Community Centre
• garbage must be placed in the garbage bin at the back of the building
• renters are responsible for their own set-up
• tables and chairs must be put neatly away in the storage room
• no live bands are permitted
• renters must supply their own mix
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DICKERING
Facility Rental Application
C. George Ashe Community Centre
• the piano is the property of the Rouge Hill Senior Club. Please do not play
• renters must supply their own mix and ice
• City of Pickering staff will set-up the tables and chairs provided a diagram of the layout is
submitted on the Monday preceding the function. You may obtain the diagram at the
Recreation Complex Information Desk
Staples, tape, nails, glue, etc., are not permitted.
D. Don Beer Arena
• renters are responsible for their own set-up
• tables and chairs must be put neatly away in the storage room
• renters must supply their own mix and ice
E. Chestnut Hill Developments Recreation Complex East/West Salons and O'Brien Meeting
Rooms
• Recreation Complex Staff will set-up the tables and chairs provided a diagram of the
layout is submitted on the Monday preceding the function
• you may obtain the diagram at the Recreation Complex Information Desk
F. East Shore Community Centre
• renters are responsible for their own set-up
• tables and chairs must be neatly away in the storage room
• renters must supply their own mix and ice
For complete regulations, please see Conditions of Agreement.
Attachment #3 to Report CS 25-20
Lease Agreement
This Lease is made as of the 1St day of July, 2020.
Between:
The Corporation of the City of Pickering
(the "City")
- and -
Mt. Zion Community Centre Association
(the "Association")
Article I
Interpretation
Definitions
1. In this Lease,
(a) "Commencement Date" means July 1, 2020;
(b) "Lease" means this lease as it may be amended from time to time;
(c) "Premises" means the entire facility known as Mt. Zion Community Centre
located at 4230 Salem Rd, in the City of Pickering, Regional Municipality of
Durham;
(d) "Rent" means the rent payable pursuant to Section 24; and
(e) "Term" means the term of this Lease as set out in Section 19.
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.
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Schedule
3. Schedule "A" (City's Alcohol Management Policy) and Schedule "B" (City's
Conditions of Agreement) are incorporated into and form part of this Lease.
Severability
4. 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
5. 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
6. This Lease shall be governed by, and interpreted and enforced in accordance
with, the laws in force in the Province of Ontario and the laws of Canada
applicable therein.
Entire Agreement
7. 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
8. In consideration of the performance by the Association of its obligations under
this Lease, the City leases the Premises to the Association for its use during the
Term.
Association's Use of Premises
9. The Premises shall be used only for functions by not-for-profit organizations,
other organizations pre -approved in writing by the City, charity events, non-
commercial receptions and for no other purpose without the prior written consent
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of the City which consent may be arbitrarily withheld. The Premises shall not be
used for the delivery of programs, services, activities or events which are in direct
competition with those offered by the City of Pickering.
10. The Association's use of the Premises shall be in accordance with the City's
Alcohol Management Policy (Schedule "A") and Conditions of Agreement
(Schedule "B").
11. The Association is only permitted to use the Premises when the Premises is
open to the public. The Association is required to use the Premises within the
same operating hours as the Premises' operating schedules, which schedules
shall be determined solely by the City from time to time. The City reserves the
right, in its sole discretion, to alter the operating schedules and the City will not
be responsible for any losses or damages including any lost revenues and/or
expenses incurred by the Association due to operating schedule changes and/or
Premises closures, for any reason whatsoever.
Nuisance
12. The Association 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.
City's Use of Premises
13. The City shall have first right of refusal to use the Premises. The Association
shall not be entitled to any rental fees or other remuneration associated with the
use of the Premises by the City.
Assignment and Subletting
14. Subject to Section 15, the Association shall not assign this Lease or sublet all or
any portion of the Premises without the prior written consent of the City, which
consent may be arbitrarily withheld.
Licences
15. The Association may grant licences to licensees approved in writing by the City
to use the Premises provided,
(a) the term of the licence does not exceed one (1) month;
(b) the licensee agrees to comply with Sections 9 and 10 of this Lease; and
(c) the Club agrees that it shall only charge such fees for the rental of the
Premises at the rate that is approved by the City from time to time. The
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City and the Club shall establish the approved rental fee rate yearly
throughout the Term.
16. The Association shall retain 100% of all licence fees recovered for the use of the
Premises.
17. The Association shall submit a written report to the City every four months
documenting the source and amount of all licence fees received by the
Association for the Premises.
18. The Association shall submit their annual financial statement to the City by
February 15th of each year of the Term.
Article III
Term
Term
19. The term of this Lease shall be five (5) years commencing on the
Commencement Date and expiring on June 30, 2025.
20. Notwithstanding anything else contained herein, this Agreement may be
terminated by either party for any reason upon six month's notice to the other in
writing.
21. Upon the expiry or earlier termination of this Lease, the Association shall
surrender to the City possession of the Premises and all the rights of the
Association under this Lease shall terminate (but the Association shall,
notwithstanding such termination, be liable to the City for any loss or damage
suffered by the City by reason of any default of the Association).
22. If the City shall declare this Lease to be terminated pursuant to Section 20, the
City will not be liable to the Association for any damage or loss occasioned
thereby.
Overholding
23. If the Association 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 Association
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.
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Article IV
Rent
Rent
24. The Association shall pay to the City as rent for the entire Term in lawful money
of Canada the sum of One (1) Dollar ($1.00).
Gross Lease
25. 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
26. The Association shall maintain and operate the Premises so that the Premises
shall always be of good appearance and suitable for proper operation.
27. The Association 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.
28. In accordance with the Occupational Health and Safety Act and the WHMIS
Regulation R.R.O. 1990, Reg 860, as amended by O. Reg 36/93, or its
successors, the Club shall be responsible to maintain a binder containing safety
data sheets for all hazardous products stored or used on the Premises. The said
binder must be kept current at all times and be available for reference by users of
said products.
29. The Association shall be responsible to provide the City with:
(a) WHMIS training certification of individuals working with cleaning products
and/or hazardous materials on the Premises and of Association members
working alone or overseeing any maintenance tasks performed on the
Premises; and
(b) Completed Ministry of Labour Health & Safety Awareness Training for
Supervisors for those same individuals.
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30. The Association shall be responsible for all day-to-day operating expenses,
including, but not limited to, garbage removal. The Association shall not be
responsible for utilities.
31. The City shall provide snow removal services for the parking lot. The Association
shall be responsible for snow removal on all sidewalks, walkways and all other
areas of pedestrian passage on the Premises.
32. (1) Subject to subsection (2), the City shall be responsible for all inspections,
preventative maintenance, and replacement at its sole discretion, with
respect to:
(a) HVAC equipment;
(b) electrical systems (including lighting);
(c) water supply, treatment and septic systems;
(d) plumbing system and fixtures;
(e) roofs;
(f) exterior cladding;
(g) doors and hardware;
(h) parking lots; and
(i) lawn care, landscaping and pest control.
(2) The Association shall be responsible for any damages or costs incurred
due to the misuse or negligence of the Association, its employees,
invitees, servants, agents, or others under its control and the Association
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.
33. The Association shall immediately notify the City of any unsafe conditions on the
Premises.
Security
34. The Association shall be responsible for the security of the Premises. The Club
will ensure that no copies of the keys to the Premises are made or given to third
parties (even temporarily) without the prior written consent of the City. Only Club
representatives that have signed for keys with the City, or parties granted written
consent by the City, will be authorized to be in the possession of keys to the
Premises.
35. Any keys provided to the Association, or its licensees, must be returned to the
City immediately upon request.
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Alterations/Improvements to Premises
36. The Association shall only be permitted to make alterations and improvements to
the Premises that have been approved by the City.
Article VI
Insurance and Indemnity
Association's Insurance
37. The Association, at its sole cost and expense, shall take out and keep in full force
and effect throughout the Term,
(a) insurance upon property owned by it which is located on the Premises;
and
(b) commercial general liability insurance pertaining to the Association'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 not less than five million dollars ($5,000,000.00) 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.
38. Prior to the Commencement Date, the Association 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.
39. The provision of the insurance policy required by this Section shall not relieve the
Association from liability for claims not covered by the policy or which exceed its
limits, if any, for which the Association may be held responsible.
40. The Association is responsible for insuring all of their equipment, contents, and
leasehold improvements.
Limitation of City's Liability
41. The City shall not be liable for any bodily injury or death of any person, or loss or
damage to any property belonging to the Association or its employees, invitees
or licensees or its guests, or to any other person in, on or about the Premises,
unless caused by the gross negligence of the City.
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Indemnification
42. The Association shall indemnify and save harmless the City, its directors,
officers, employees, elected officials, agents, contractors and representatives
from and against any and all actions, losses, damages, claims, costs and
expenses (including, without limiting the generality of the foregoing, all claims for
personal injury, death and/or property damage) and also damages arising from
any breach of this Lease by the Association or from any act or omission of the
Association or those for whom the Association is at law responsible in or around
the Premises arising from the Association's use and occupation of the Premises.
The City shall not be liable for any loss or damage to any property belonging to
the Association or to any other persons or for any injury to any person while such
person or property is on the Premises, unless such loss, damage or injury is
caused directly by the negligence of the City, or those for whom the City is at law
responsible. This provision shall survive the expiration or earlier termination of
this Lease.
Article VII
Remedies on Default
City's Right to Re -Enter
43. If any amount payable to the City under this Lease shall remain unpaid for fifteen
(15) days after the Association 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
44. In addition to all other remedies the City may have under this Lease and in law, if
the Association 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
Association (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
Association shall be responsible for all such costs.
Waiver
45. No condoning, excusing or overlooking by the City of any default, breach or
non -observance by the Association 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
9
no waiver shall be inferred from or implied by anything done or omitted by the
Association save only an express waiver in writing.
Article VIII
Miscellaneous
Quiet Enjoyment
46. The City shall permit the Association 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 Association is not in
default.
Right of Entry
47. The Association agrees to permit the City and authorized representatives of the
City to enter the Premises at any time for the purpose of inspecting the Premises.
The City shall use its best efforts to minimize the disruption to the Association's
use of the Premises during any such entry.
Signs
48. The Association may only erect signs on the Premises with the City's prior written
approval. All such signs shall be removed from the Premises at the end of the
Term.
Compliance with Laws
49. The Association, 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 Association or the making of any
improvements to the Premises by the Association.
Notice
50. Any notice required to be given by the City to the Association under this Lease
shall be in writing and shall be delivered to the Premises or such other address of
which the Association has notified the City in writing, and any such notice
delivered shall be deemed good and sufficient notice under the terms of this
Lease.
51. Any notice required to be given by the Association 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, L1V 6K7
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(Attention: City Clerk) or such other address of which the City has notified the
Association in writing, and any such notice delivered shall be deemed good and
sufficient notice under the terms of this Lease.
Successors and Assigns
52. 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.
Title
53. The Association hereby agrees to keep title to the Premises, including every part
thereof, free and clear of any lien, encumbrance or security interest or notice
thereof. The Association shall not enter into any agreements for the Premises
which would run with the Premises and become an obligation of the City upon
termination or expiration of this Lease.
Force Majeure
54. The City shall not be liable for any damages caused by any delay or failure to
perform the whole or any part of this Lease, where such performance is made
impossible or impractical due to any cause direct or indirect, beyond the control
of the City, including, but not limited to, labour disruptions, strikes, lockouts, fire,
flood, storms, acts of nature, natural disasters, acts of war, insurrection and
terrorism, outbreak, pandemic, epidemic, disease or emergency.
Registration
55. The Association shall not have the right to register this Lease or notice thereof
against title to the Premises or any part thereof.
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In Witness Whereof the parties have executed this Lease as of the date first
written above.
The Corporation of the City of
Pickering
Kevin Ashe, Deputy Mayor
Susan Cassel, City Clerk
Mt. Zion Community Centre
Association
Evelyn Jones, President
Ruth Taylor, Treasurer
We have authority to bind the
Corporation.
Schedule "A"
City's Alcohol Management Policy
The Corporation of the City of Pickering
Community Services Department
MUNICIPAL ALCOHOL POLICY
February 2020
Purpose
The purpose of this policy is to endeavor to ensure the appropriate
management of the use and consumption of alcoholic beverages in
municipally owned facilities; to avoid related problems and to ensure the
safety and well being of all participants and to protect the Corporation, its
employees and 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 License Board of
Ontario at which alcoholic beverages may be consumed;
(b) "Closed private licensed function" means a licensed function
determined by the Director of Community Services to be closed to
the general public and of a private nature;
(c) "Designated facility" means a City 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 City has
granted written permission to use a designated facility for a
licensed function and;
(e) "Server" means any person serving alcohol
2. Designated Facilities
(1) The following are designated facilities for indoor licensed functions:
(a) Brougham Community Centre
(b) Dr. Nelson F. Tomlinson Community Centre
(c) Don Beer Sports Facility Community Centre
(d) East Shore Community Centre
(e) Green River Community Centre
(f) Greenwood Community Centre
(g) Mount Zion Community Centre
(h) Pickering Civic Complex
Chestnut Hill Developments Recreation Complex
Seniors Activity Centre
West Shore Community Centre
Whitevale Community Centre
George Ashe Community Centre
Pickering Museum Village
(2) The following are designated facilities for outdoor licensed
functions:
(a) Dr. Nelson F. Tomlinson Community Park
(b) Dunmoore Park
(c) Kinsmen Park
(d) Pickering Museum Village
3. Alcohol Restrictions Within Designated Facilities
All designated facilities defined in this policy shall be deemed a "public
place" and as such, in accordance with Section 31 of the Liquor Licence
Act, R.S.O. 1990, c.L. 19, no person shall have or consume or sell liquor
in any designated facility unless a licence or permit is issued or unless
specifically covered by an L.L.B.O. permit.
4. Safe Transportation
(1) Only those users implementing a safe transportation strategy (e.g.,
a designated driver program, an alternate home transportation
option) to prevent intoxicated participants from driving will be
permitted to use designated 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 permission to
use the designated facility for a licensed function is granted.
5. No Alcohol and Low Alcohol Drinks
(1) Only users offering a sufficient quantity of no alcohol and low
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 strategy will be implemented by the user if written permission to
use the designated facility for a licensed function is granted.
6. "Statement 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:
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City of Pickering — Community Services Department.
Statement of Intoxication
It is contrary to the Liquor Licence Act of Ontario to serve persons
to intoxication. For this reason, servers in this facility 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 City to users for display by them in
the designated facility during the licensed function.
7 Participant Controls
(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 controls shall include the following:
(3)
(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 license
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.
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.
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8. 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.
Such training should utilize CAMH course material, and may be
provided, at a reasonable cost, through the Community Services
Department.
The Director may require a potential user to demonstrate that
sufficient numbers of supervisors, monitors and servers that have
attended such a course will be provided 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 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.
(5)
All servers must be "Smart Serve Certified"
9. Insurance
(1) Liability Insurance is a mandatory requirement for all
individuals/community user groups utilizing city -owned or operated
facilities within the City of Pickering. All programs, meetings,
recreational events, cultural and social events require liability
insurance. Users groups can provide personal proof of insurance,
a minimum of $2 million insurance, naming the City of Pickering as
an additional insured, or purchase insurance through the City of
Pickering, Facility User Group Program. Rates for insurance
coverage will vary depending on risk factors, length of the activity,
the number of participants, among other factors at the event. Any
changes in activities by the user group must be reported to Facility
Booking Staff for possible adjustments to the permit. Insurance
information must be received and paid in full before the permit start
date. Liability Insurance covers from the time and date reflected on
the rental permit only. The extra fee for the liability insurance will be
added to the rental agreement with the applicable taxes.
(2) When a patron requests a facility/ice rental, facility booking staff
members will confirm the event/function required on the permit.
Facility staff will review the Liability Insurance User Group Rating
Schedule to determine the appropriate fee to be charged to the
individual/community user group.
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(3)
Only users having a minimum of $2,000,000 third party general
liability insurance coverage, naming the Corporation of the City of
Pickering as an additional insured, will be permitted to use
designated facilities for licensed functions.
10. Accountability
(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 License
Board of Ontario; and
(e) The address and telephone number of the Community
Services Department
(2) A user that contravenes any City policy or procedure or any
applicable law may be refused permission to use designated
facilities for licensed functions, at the Director's discretion;
Indefinitely, or
(a) Until the user can demonstrate to the Director's satisfaction
that a further contravention shall not occur.
11. Promoting the Policy
The Community Services Department shall design and implement, in
consultation with CAMH, a strategy to orient all potential users to the
requirements of this policy and to promote this policy to the community at
large.
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Schedule "B"
City's Conditions of Agreement
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DICKERING
Facility Rental Application
Conditions of Agreement
1) The City reserves the right to cancel any permit temporarily or permanently, should
accommodation be required for special events, or in an emergency.
2) 50% of payment is due at time of booking. This is a non-refundable deposit. The remaining
50% is due in full, 90 days prior to the permit date of the event.
3) Applicants must be members of authority in the organization seeking accommodation. Permit
holders must be on site for the duration of the rental.
4) The facility is to be used only on the date(s) and time(s) specified, and only for the purpose
named. No teen dances/parties, stags or stagettes are permitted in our halls. This permit
is not transferrable.
5) The City will not be responsible for personal injury or damage or for the loss or theft of clothing
or equipment of the applicants, or anyone attending on the invitation of the applicant or any
persons contracted by the applicant.
6) The applicant shall be responsible for the conduct and supervision of all persons admitted to
the building(s) and grounds and shall see that all regulations contained herein are strictly
observed.
7) Unnecessary noise which disturbs the peace, quiet, or comfort of any person in any type of
residence, place of business, etc., in proximity to the facility shall not be permitted.
8) The exits must be kept free from obstruction in case of fire.
a) The applicant must pay all damages arising from the use of the property.
b) A damage/security deposit will be charged for all rentals, to be refunded at a later date, if
no damage, excessive maintenance costs are incurred as a result of the facility rental.
c) The applicant must pay such fees for extra work by custodians, etc., as the City may
determine.
9) Games of chance, lottery, or gambling in any forms, contrary to law is strictly forbidden.
10) It shall be the responsibility of the applicant to see that all persons admitted to the function
being held, have vacated the premises promptly by 2:00 am.
11) If liquor of any type is to be served, sold or available at the function, the applicant must obtain
all necessary permits and licenses and must adhere to the City of Pickering `Alcohol
Management Policy'. A copy of the liquor license must be posted on the wall during the
function.
12) The City of Pickering requires every event have a minimum of $2,000,000 third party general
liability insurance coverage. This insurance must be purchased as part of the rental process.
13) For all special occasion permits, only monitors and servers that possess a server intervention
program certificate will be permitted to use the designated facility. Information is available at
www.smartserve.org.
14) The licensor reserves the right to provide security personnel or Pay -Duty Police at the expense
of the licensee, should the Manager, Facility Programs and Administration deem it necessary.
15) Hall cancellations are subject to a $40.00 administration fee.
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DICKERING
Facility Rental Application
16) All cancellations must be received in writing ninety days prior to the function, or the entire
rental fee will be forfeited.
17) All rental rates are subject to increase. Post-dated cheques will not be accepted.
18) This contract is not valid unless it is signed and dated by the person renting the facility and
returned as soon as possible to the Facility Booking Clerk.
19) Recreation Complex Staff will set-up the tables and chairs `provided' a diagram of the layout is
submitted one week preceding the function. You may obtain the diagrams at the Complex
Information Desk. Any materials/articles dropped off prior to the function, or left after the
function, must have prior approval from the Maintenance Department or designate.
20) If Complex Banquet Halls are rented, please use the outside entrance to Banquet Hall, do not
use main Complex doors.
Personal information contained on this form is collected pursuant to the Municipal Freedom of
Information and Protection of Privacy Act and will be used for the purpose of administering
facility rentals. Questions about this collection should be directed to the City Clerk, One the
Esplanade, Pickering, ON L1V 6K7, 905.420.4611.
HST applies to this Rental — Registration No. 108078593
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DICKERING
Facility Rental Application
Facility Rules and Regulations
Failure to comply with the below will result in loss of damage deposits
A. All Facilities
• no confetti/rice is allowed in City facilities or parking lots
• facilities must be vacated by 2:00 am, ensuring that all decorations and function supplies
have been removed
• smoking of any type of tobacco product is not permitted in any City facility. All City
facilities are designated non-smoking (Durham Region By-law No. 66-2002)
• the City of Pickering cannot supply ladders or lift equipment to any permit holder. If this
service is required it must be arranged with and approved by the City of Pickering one
week prior to the event
• caterers, bartenders, disc jockeys, entertainers, liquor licenses, etc., are the renter's
responsibility
• keys for West Shore Community Centre may be obtained at the Chestnut Hill
Developments Recreation Complex during regular operating hours. Please call
905.831.1711 for hours
• liquor license must be visible on the bar wall at all times during the function
• unnecessary noise, which disturbs the peace, quiet, or comfort of any person in any type
of residence, place of business, etc., in proximity to the facility is not permitted
• daytime rental keys must be returned immediately following the function to the Recreation
Complex
• evening rentals (those finishing after 9:00 pm) must be returned before 12:00 pm the
following day to the Recreation Complex
• decorating is the sole responsibility of the renter. Staples, tape, nails, glue, etc., are not
permitted. Helium balloons are permitted, provided they are securely anchored
• as per liquor regulations all bars must close at 1:00 am sharp
• set-up times for your event is as per your permit
B. West Shore Community Centre
• garbage must be placed in the garbage bin at the back of the building
• renters are responsible for their own set-up
• tables and chairs must be put neatly away in the storage room
• no live bands are permitted
• renters must supply their own mix
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DICKERING
Facility Rental Application
C. George Ashe Community Centre
• the piano is the property of the Rouge Hill Senior Club. Please do not play
• renters must supply their own mix and ice
• City of Pickering staff will set-up the tables and chairs provided a diagram of the layout is
submitted on the Monday preceding the function. You may obtain the diagram at the
Recreation Complex Information Desk
Staples, tape, nails, glue, etc., are not permitted.
D. Don Beer Arena
• renters are responsible for their own set-up
• tables and chairs must be put neatly away in the storage room
• renters must supply their own mix and ice
E. Chestnut Hill Developments Recreation Complex East/West Salons and O'Brien Meeting
Rooms
• Recreation Complex Staff will set-up the tables and chairs provided a diagram of the
layout is submitted on the Monday preceding the function
• you may obtain the diagram at the Recreation Complex Information Desk
F. East Shore Community Centre
• renters are responsible for their own set-up
• tables and chairs must be neatly away in the storage room
• renters must supply their own mix and ice
For complete regulations, please see Conditions of Agreement.
Attachment #4 to Report CS 25-20
Lease Agreement
This Lease is made as of the 1St day of July, 2020.
Between:
The Corporation of the City of Pickering
(the "City")
- and -
Whitevale & District Residents' Association
(the "Association")
Article I
Interpretation
Definitions
1. In this Lease,
(a) "Commencement Date" means July 1, 2020;
(b) "Lease" means this lease as it may be amended from time to time;
(c) "Premises" means the entire facility known as Whitevale Community
Centre located at 405 Whitevale Rd, Whitevale, ON LOH 1 MO, in the City
of Pickering, Regional Municipality of Durham;
(d) "Rent" means the rent payable pursuant to Section 24; and
(e) "Term" means the term of this Lease as set out in Section 19.
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
Schedule
3. Schedule "A" (City's Alcohol Management Policy) and Schedule "B" (City's
Conditions of Agreement) are incorporated into and form part of this Lease.
Severability
4. 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
5. 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
6. This Lease shall be governed by, and interpreted and enforced in accordance
with, the laws in force in the Province of Ontario and the laws of Canada
applicable therein.
Entire Agreement
7. 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
8. In consideration of the performance by the Association of its obligations under
this Lease, the City leases the Premises to the Association for its use during the
Term.
Association's Use of Premises
9. The Premises shall be used only for functions by not-for-profit organizations,
other organizations pre -approved in writing by the City, charity events, non-
commercial receptions and for no other purpose without the prior written consent
of the City which consent may be arbitrarily withheld.
3
10. Pursuant to Section 9, the Premises shall not be used for the delivery of
programs, services, activities or events which are in direct competition with those
offered by the City of Pickering.
11. The Association's use of the Premises shall be in accordance with the City's
Alcohol Management Policy (Schedule "A") and Conditions of Agreement
(Schedule "B").
12. The Association is only permitted to use the Premises when the Premises is
open to the public. The Association is required to use the Premises within the
same operating hours as the Premises' operating schedules, which schedules
shall be determined solely by the City from time to time. The City reserves the
right, in its sole discretion, to alter the operating schedules and the City will not
be responsible for any losses or damages including any lost revenues and/or
expenses incurred by the Association due to operating schedule changes and/or
Premises closures, for any reason whatsoever.
Nuisance
13. The Association 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.
City Use of Premises
14. The City shall have first right of refusal to use the Premises. The Association
shall not be entitled to any rental fees or other remuneration associated with the
use of the Premises by the City.
Assignment and Subletting
15. Subject to Section 15, the Association shall not assign this Lease or sublet all or
any portion of the Premises without the prior written consent of the City, which
consent may be arbitrarily withheld.
Licences
16. The Association may grant licences to licensees approved in writing by the City
to use the Premises provided,
(a) the term of the licence does not exceed one (1) month;
(b) the licensee agrees to comply with Sections 9 and 10 of this Lease; and
(c) the Association agrees that it shall only charge such fees for the rental of
the Premises at the rate that is approved by the City from time to time.
4
The City and the Association shall establish the approved rental fee rate
yearly throughout the Term.
17. The Association shall retain 100% of all licence fees recovered for the use of the
Premises.
18. The Association shall submit a written report to the City every four months
documenting the source and amount of all licence fees received by the
Association for the Premises.
19. The Association shall submit their annual financial statement to the City by
February 15th of each year of the Term.
Article III
Term
Term
20. The term of this Lease shall be five (5) years commencing on the
Commencement Date and expiring on June 30, 2025.
21. Notwithstanding anything else contained herein, this Lease may be terminated by
either party for any reason upon six month's notice to the other in writing.
22. Upon the expiry or earlier termination of this Lease, the Association shall
surrender to the City possession of the Premises and all the rights of the
Association under this Lease shall terminate (but the Association shall,
notwithstanding such expiry or termination, as the case may be, be liable to the
City for any loss or damage suffered by the City by reason of any default of the
Association of its obligations hereunder).
23. If the City shall declare this Lease to be terminated pursuant to Section 21, the
City will not be liable to the Association for any damage or loss occasioned
thereby.
Overholding
24. If the Association 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 Association
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.
5
Article IV
Rent
Rent
25. The Association shall pay to the City as rent for the entire Term in lawful money
of Canada the sum of One (1) Dollar ($1.00).
Gross Lease
26. 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
27. Subject to the obligations of the City pursuant to Sections 32 and 33, the
Association shall maintain and operate the Premises so the Premises shall
always be of good appearance and in a condition suitable for the proper
operation of the Premises.
28. The Association 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.
29. In accordance with the Occupational Health and Safety Act and the WHMIS
Regulation R.R.O. 1990, Reg 860, as amended by O. Reg 36/93, or its
successors, the Association shall be responsible to maintain a binder containing
safety data sheets for all hazardous products stored or used on the Premises.
The said binder must be kept current at all times and available for reference by
users of said products.
30. The Association shall be responsible to provide the City with:
(a) WHMIS training certification of individuals working with cleaning products
and/or hazardous materials on the Premises and of Association members
working alone or overseeing any maintenance tasks performed on the
Premises; and
(b) Completed Ministry of Labour Health & Safety Awareness Training for
Supervisors for those same individuals.
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31. The Association shall be responsible for all day-to-day operating expenses,
including, but not limited to, garbage removal. The Association shall not be
responsible for utilities.
32. The City shall provide snow removal services for the parking lot. The Association
shall be responsible for snow removal on all sidewalks, walkways and all other
areas of pedestrian passage on the Premises. The City shall provide cleaning
services to the common areas of the Community Centre once per week
exclusively when City of Pickering Camps operate on the premises. The common
areas apply to the main hall and the washroom facility located on the first floor.
33. (1) Subject to subsection (2), the City shall be responsible for all inspections,
preventative maintenance, and replacement at its sole discretion, with
respect to:
(a) HVAC equipment;
(b) electrical systems (including lighting);
(c) water supply, treatment and septic systems;
(d) plumbing system and fixtures;
(e) roofs;
(f) exterior cladding;
(g) doors and hardware;
(h) parking lots; and
(i) lawn care, landscaping and pest control.
(2) The Association shall be responsible for any damages or costs incurred
due to the misuse or negligence of the Association, its employees,
invitees, servants, agents, or others under its control and the Association
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.
34. The Association shall immediately notify the City of any unsafe conditions on the
Premises.
Security
35. The Association shall be responsible for the security of the Premises. The
Association will ensure that no copies of the keys to the Premises are made or
given to third parties (even temporarily) without the prior written consent of the
City. Only Association representatives that have signed for keys with the City or
parties granted written consent by the City, will be authorized to be in the
possession of keys to the Premises.
36. Any keys provided to the Association, or its licensees, must be returned to the
City immediately upon request.
7
Alterations/Improvements to Premises
37. The Association shall only be permitted to make alterations and improvements to
the Premises that have been approved by the City.
Article VI
Insurance and Indemnity
Association's Insurance
38. The Association, at its sole cost and expense, shall take out and keep in full force
and effect throughout the Term,
(a) insurance upon property owned by it which is located on the Premises;
and
(b) commercial general liability insurance pertaining to the Association'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 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.
39. Prior to the Commencement Date, the Association 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.
40. The provision of the insurance policy required by this Section shall not relieve the
Association from liability for claims not covered by the policy or which exceed its
limits, if any, for which the Association may be held responsible.
41. The Association is responsible for insuring all of their equipment, contents, and
leasehold improvements.
Insurance Risks
42. The Association 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 Association on the Premises causes or
8
results in any increase in premiums for any of the City's insurance policies, the
Association shall pay such increase to the City.
Limitation of City's Liability
43. The City shall not be liable for any bodily injury or death of any person, or Toss or
damage to any property belonging to the Association or its employees, invitees
or licensees or its guests, or to any other person in, on or about the Premises,
unless caused by the wilful misconduct or gross negligence of the City or those
for whom the City is at law responsible.
Indemnification
44. The Association shall indemnify and save harmless the City, its directors,
officers, employees, elected officials, agents, contractors and representatives
from and against any and all actions, losses, damages, claims, costs and
expenses (including, without limiting the generality of the foregoing, all claims for
personal injury, death and/or property damage) and also damages arising from
any breach of this Lease by the Association or from any act or omission of the
Association or those for whom the Association is at law responsible in or around
the Premises arising from the Association's use and occupation of the Premises
pursuant to this Lease. The City shall not be liable for any loss or damage to any
property belonging to the Association or to any other persons or for any injury to
any person while such person or property is on the Premises, unless such loss,
damage or injury is caused directly by the wilful misconduct or negligence of the
City, or those for whom the City is at law responsible. This provision shall
survive the expiration or earlier termination of this Lease.
Article VII
Remedies on Default
City's Right to Re -Enter
45. If any amount payable to the City under this Lease shall remain unpaid for fifteen
(15) days after the Association 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
46. In addition to all other remedies the City may have under this Lease and in law, if
the Association 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
Association (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
9
which it may have with respect to such default, may remedy such default and the
Association shall be responsible for all such reasonable costs.
Waiver
47. No condoning, excusing or overlooking by the City of any default, breach or
non -observance by the Association 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
Association save only an express waiver in writing.
Article VIII
Miscellaneous
Quiet Enjoyment
48. The City shall permit the Association 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 Association is not in
default.
Right of Entry
49. The Association agrees to permit the City and authorized representatives of the
City to enter the Premises at any time for the purpose of inspecting the Premises.
The City shall use its best efforts to minimize the disruption to the Association's
use of the Premises during any such entry.
Signs
50. The Association may only erect signs on the Premises with the City's prior written
approval. All such signs shall be removed from the Premises at the end of the
Term.
Compliance with Laws
51. The Association, 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 Association or the making of any
improvements to the Premises by the Association.
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Notice
52. Any notice required to be given by the City to the Association under this Lease
shall be in writing and shall be delivered to the Premises or such other address of
which the Association has notified the City in writing, and any such notice
delivered shall be deemed good and sufficient notice under the terms of this
Lease.
53. Any notice required to be given by the Association 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, L1V 6K7
(Attention: City Clerk) or such other address of which the City has notified the
Association in writing, and any such notice delivered shall be deemed good and
sufficient notice under the terms of this Lease.
Successors and Assigns
54. 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.
Title
55. The Association hereby agrees to keep title to the Premises, including every part
thereof, free and clear of any lien, encumbrance or security interest or notice
thereof. The Association shall not enter into any agreements for the Premises
which would run with the Premises and become an obligation of the City upon
termination or expiration of this Lease.
Force Majeure
56. The City shall not be liable for any damages caused by any delay or failure to
perform the whole or any part of this Lease, where such performance is made
impossible or impractical due to any cause direct or indirect, beyond the control
of the City, including, but not limited to, labour disruptions, strikes, lockouts, fire,
flood, storms, acts of nature, natural disasters, acts of war, insurrection and
terrorism, outbreak, pandemic, epidemic, disease or emergency.
Registration
57. The Association shall not have the right to register this Lease or notice thereof
against title to the Premises or any part thereof.
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In Witness Whereof the parties have executed this Lease as of the date first
written above.
The Corporation of the City of Pickering
Kevin Ashe, Deputy Mayor
Susan Cassel, City Clerk
Whitevale & District Residents' Association
Nicole Brewster, President
I have authority to bind the Corporation.
Schedule "A"
City's Alcohol Management Policy
The Corporation of the City of Pickering
Community Services Department
MUNICIPAL ALCOHOL POLICY
February 2020
Purpose
The purpose of this policy is to endeavor to ensure the appropriate
management of the use and consumption of alcoholic beverages in
municipally owned facilities; to avoid related problems and to ensure the
safety and well being of all participants and to protect the Corporation, its
employees and 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 License Board of
Ontario at which alcoholic beverages may be consumed;
(b) "Closed private licensed function" means a licensed function
determined by the Director of Community Services to be closed to
the general public and of a private nature;
(c) "Designated facility" means a City 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 City has
granted written permission to use a designated facility for a
licensed function and;
(e) "Server" means any person serving alcohol
2. Designated Facilities
(1) The following are designated facilities for indoor licensed functions:
(a) Brougham Community Centre
(b) Dr. Nelson F. Tomlinson Community Centre
(c) Don Beer Sports Facility Community Centre
(d) East Shore Community Centre
(e) Green River Community Centre
(f) Greenwood Community Centre
(g) Mount Zion Community Centre
(h) Pickering Civic Complex
Chestnut Hill Developments Recreation Complex
Seniors Activity Centre
West Shore Community Centre
Whitevale Community Centre
George Ashe Community Centre
Pickering Museum Village
(2) The following are designated facilities for outdoor licensed
functions:
(a) Dr. Nelson F. Tomlinson Community Park
(b) Dunmoore Park
(c) Kinsmen Park
(d) Pickering Museum Village
3. Alcohol Restrictions Within Designated Facilities
All designated facilities defined in this policy shall be deemed a "public
place" and as such, in accordance with Section 31 of the Liquor Licence
Act, R.S.O. 1990, c.L. 19, no person shall have or consume or sell liquor
in any designated facility unless a licence or permit is issued or unless
specifically covered by an L.L.B.O. permit.
4. Safe Transportation
(1) Only those users implementing a safe transportation strategy (e.g.,
a designated driver program, an alternate home transportation
option) to prevent intoxicated participants from driving will be
permitted to use designated 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 permission to
use the designated facility for a licensed function is granted.
5. No Alcohol and Low Alcohol Drinks
(1) Only users offering a sufficient quantity of no alcohol and low
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 strategy will be implemented by the user if written permission to
use the designated facility for a licensed function is granted.
6. "Statement 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:
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City of Pickering — Community Services Department.
Statement of Intoxication
It is contrary to the Liquor Licence Act of Ontario to serve persons
to intoxication. For this reason, servers in this facility 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 City to users for display by them in
the designated facility during the licensed function.
7 Participant Controls
(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 controls shall include the following:
(3)
(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 license
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.
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.
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8. 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.
Such training should utilize CAMH course material, and may be
provided, at a reasonable cost, through the Community Services
Department.
The Director may require a potential user to demonstrate that
sufficient numbers of supervisors, monitors and servers that have
attended such a course will be provided 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 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.
(5)
All servers must be "Smart Serve Certified"
9. Insurance
(1) Liability Insurance is a mandatory requirement for all
individuals/community user groups utilizing city -owned or operated
facilities within the City of Pickering. All programs, meetings,
recreational events, cultural and social events require liability
insurance. Users groups can provide personal proof of insurance,
a minimum of $2 million insurance, naming the City of Pickering as
an additional insured, or purchase insurance through the City of
Pickering, Facility User Group Program. Rates for insurance
coverage will vary depending on risk factors, length of the activity,
the number of participants, among other factors at the event. Any
changes in activities by the user group must be reported to Facility
Booking Staff for possible adjustments to the permit. Insurance
information must be received and paid in full before the permit start
date. Liability Insurance covers from the time and date reflected on
the rental permit only. The extra fee for the liability insurance will be
added to the rental agreement with the applicable taxes.
(2) When a patron requests a facility/ice rental, facility booking staff
members will confirm the event/function required on the permit.
Facility staff will review the Liability Insurance User Group Rating
Schedule to determine the appropriate fee to be charged to the
individual/community user group.
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(3)
Only users having a minimum of $2,000,000 third party general
liability insurance coverage, naming the Corporation of the City of
Pickering as an additional insured, will be permitted to use
designated facilities for licensed functions.
10. Accountability
(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 License
Board of Ontario; and
(e) The address and telephone number of the Community
Services Department
(2) A user that contravenes any City policy or procedure or any
applicable law may be refused permission to use designated
facilities for licensed functions, at the Director's discretion;
Indefinitely, or
(a) Until the user can demonstrate to the Director's satisfaction
that a further contravention shall not occur.
11. Promoting the Policy
The Community Services Department shall design and implement, in
consultation with CAMH, a strategy to orient all potential users to the
requirements of this policy and to promote this policy to the community at
large.
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Schedule "B"
City's Conditions of Agreement
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DICKERING
Facility Rental Application
Conditions of Agreement
1) The City reserves the right to cancel any permit temporarily or permanently, should
accommodation be required for special events, or in an emergency.
2) 50% of payment is due at time of booking. This is a non-refundable deposit. The remaining
50% is due in full, 90 days prior to the permit date of the event.
3) Applicants must be members of authority in the organization seeking accommodation. Permit
holders must be on site for the duration of the rental.
4) The facility is to be used only on the date(s) and time(s) specified, and only for the purpose
named. No teen dances/parties, stags or stagettes are permitted in our halls. This permit
is not transferrable.
5) The City will not be responsible for personal injury or damage or for the loss or theft of clothing
or equipment of the applicants, or anyone attending on the invitation of the applicant or any
persons contracted by the applicant.
6) The applicant shall be responsible for the conduct and supervision of all persons admitted to
the building(s) and grounds and shall see that all regulations contained herein are strictly
observed.
7) Unnecessary noise which disturbs the peace, quiet, or comfort of any person in any type of
residence, place of business, etc., in proximity to the facility shall not be permitted.
8) The exits must be kept free from obstruction in case of fire.
a) The applicant must pay all damages arising from the use of the property.
b) A damage/security deposit will be charged for all rentals, to be refunded at a later date, if
no damage, excessive maintenance costs are incurred as a result of the facility rental.
c) The applicant must pay such fees for extra work by custodians, etc., as the City may
determine.
9) Games of chance, lottery, or gambling in any forms, contrary to law is strictly forbidden.
10) It shall be the responsibility of the applicant to see that all persons admitted to the function
being held, have vacated the premises promptly by 2:00 am.
11) If liquor of any type is to be served, sold or available at the function, the applicant must obtain
all necessary permits and licenses and must adhere to the City of Pickering `Alcohol
Management Policy'. A copy of the liquor license must be posted on the wall during the
function.
12) The City of Pickering requires every event have a minimum of $2,000,000 third party general
liability insurance coverage. This insurance must be purchased as part of the rental process.
13) For all special occasion permits, only monitors and servers that possess a server intervention
program certificate will be permitted to use the designated facility. Information is available at
www.smartserve.org.
14) The licensor reserves the right to provide security personnel or Pay -Duty Police at the expense
of the licensee, should the Manager, Facility Programs and Administration deem it necessary.
15) Hall cancellations are subject to a $40.00 administration fee.
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DICKERING
Facility Rental Application
16) All cancellations must be received in writing ninety days prior to the function, or the entire
rental fee will be forfeited.
17) All rental rates are subject to increase. Post-dated cheques will not be accepted.
18) This contract is not valid unless it is signed and dated by the person renting the facility and
returned as soon as possible to the Facility Booking Clerk.
19) Recreation Complex Staff will set-up the tables and chairs `provided' a diagram of the layout is
submitted one week preceding the function. You may obtain the diagrams at the Complex
Information Desk. Any materials/articles dropped off prior to the function, or left after the
function, must have prior approval from the Maintenance Department or designate.
20) If Complex Banquet Halls are rented, please use the outside entrance to Banquet Hall, do not
use main Complex doors.
Personal information contained on this form is collected pursuant to the Municipal Freedom of
Information and Protection of Privacy Act and will be used for the purpose of administering
facility rentals. Questions about this collection should be directed to the City Clerk, One the
Esplanade, Pickering, ON L1V 6K7, 905.420.4611.
HST applies to this Rental — Registration No. 108078593
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DICKERING
Facility Rental Application
Facility Rules and Regulations
Failure to comply with the below will result in loss of damage deposits
A. All Facilities
• no confetti/rice is allowed in City facilities or parking lots
• facilities must be vacated by 2:00 am, ensuring that all decorations and function supplies
have been removed
• smoking of any type of tobacco product is not permitted in any City facility. All City
facilities are designated non-smoking (Durham Region By-law No. 66-2002)
• the City of Pickering cannot supply ladders or lift equipment to any permit holder. If this
service is required it must be arranged with and approved by the City of Pickering one
week prior to the event
• caterers, bartenders, disc jockeys, entertainers, liquor licenses, etc., are the renter's
responsibility
• keys for West Shore Community Centre may be obtained at the Chestnut Hill
Developments Recreation Complex during regular operating hours. Please call
905.831.1711 for hours
• liquor license must be visible on the bar wall at all times during the function
• unnecessary noise, which disturbs the peace, quiet, or comfort of any person in any type
of residence, place of business, etc., in proximity to the facility is not permitted
• daytime rental keys must be returned immediately following the function to the Recreation
Complex
• evening rentals (those finishing after 9:00 pm) must be returned before 12:00 pm the
following day to the Recreation Complex
• decorating is the sole responsibility of the renter. Staples, tape, nails, glue, etc., are not
permitted. Helium balloons are permitted, provided they are securely anchored
• as per liquor regulations all bars must close at 1:00 am sharp
• set-up times for your event is as per your permit
B. West Shore Community Centre
• garbage must be placed in the garbage bin at the back of the building
• renters are responsible for their own set-up
• tables and chairs must be put neatly away in the storage room
• no live bands are permitted
• renters must supply their own mix
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DICKERING
Facility Rental Application
C. George Ashe Community Centre
• the piano is the property of the Rouge Hill Senior Club. Please do not play
• renters must supply their own mix and ice
• City of Pickering staff will set-up the tables and chairs provided a diagram of the layout is
submitted on the Monday preceding the function. You may obtain the diagram at the
Recreation Complex Information Desk
Staples, tape, nails, glue, etc., are not permitted.
D. Don Beer Arena
• renters are responsible for their own set-up
• tables and chairs must be put neatly away in the storage room
• renters must supply their own mix and ice
E. Chestnut Hill Developments Recreation Complex East/West Salons and O'Brien Meeting
Rooms
• Recreation Complex Staff will set-up the tables and chairs provided a diagram of the
layout is submitted on the Monday preceding the function
• you may obtain the diagram at the Recreation Complex Information Desk
F. East Shore Community Centre
• renters are responsible for their own set-up
• tables and chairs must be neatly away in the storage room
• renters must supply their own mix and ice
For complete regulations, please see Conditions of Agreement.