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HomeMy WebLinkAboutJune 15, 2020City 6h PICKE RiNG Executive Committee Meeting Agenda June 15, 2020 Electronic Meeting — 2:00 pm Chair: Councillor Cumming Due to COVID-19 and the Premier's Emergency Order to prohibit public events and limit gatherings, Pickering City Hall is currently closed to the public until further notice and this meeting will be held electronically. Members of the public may observe the meeting proceedings by accessing the livestream. A recording of the meeting will also be available on the City's website following the meeting. Page 1. Roll Call 2. Disclosure of Interest 3. Delegations Due to COVID-19 and the closure of City Hall, members of the public may provide a verbal delegation to Members of the Executive Committee via electronic participation. To register as a delegate, visit www.pickering.ca/deleqation, and complete the on-line delegation form or email clerks@pickering.ca. Delegation requests must be received by noon on the last business day before the scheduled meeting. All delegations for items not listed on the agenda shall register ten (10) days prior to the meeting date. The list of delegates who have registered to speak will be called upon one by one by the Chair and invited to join the meeting via audio connection. A maximum of 10 minutes shall be allotted for each delegation. Please ensure you provide the phone number that you wish to be contacted on. Please be advised that your name and address will appear in the public record and will be posted on the City's website as part of the meeting minutes. 4. Matters for Consideration 4.1 Chief Administrative Officer, Report CAO 03-20 COVID-19 Response - Pickering's Reopening Framework Recommendation: 1. That Council receive report CAO 03-20 regarding Pickering's Reopening Framework for information; and, 1 For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Cts og DICKERING Executive Committee Meeting Agenda June 15, 2020 Electronic Meeting — 2:00 pm Chair: Councillor Cumming 2. That the appropriate officials of the City of Pickering be authorized to take necessary actions as indicated in this report. 4.2 Director, Community Services & Deputy CAO, Report CS 12-20 Don Beer Arena Pro Shop - Licence Amending Agreement Recommendation: 1. That the Mayor and Clerk be authorized to execute the Don Beer Arena Pro Shop Licence Amending Agreement as set out in Attachment 1 to which XPRT Marketing & Promotions will be permitted to operate the Don Beer Arena Pro Shop from September 1, 2020 to April 30, 2022, subject to minor revisions acceptable to the Director, Community Services & Deputy CAO and the Director, Corporate Services & City Solicitor; and, 2. That the appropriate City officials be authorized to take the necessary actions as indicated in this report. 4.3 Director, Community Services & Deputy CAO, Report CS 25-20 Lease Agreements - Brougham Recreation Society Inc. - Greenwood Recreation Association - Mt. Zion Community Centre - Whitevale District Residents' Association 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; 29 42 For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca City 6h DICKERING Executive Committee Meeting Agenda June 15, 2020 Electronic Meeting — 2:00 pm Chair: Councillor Cumming 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. 4.4 Director, Community Services & Deputy CAO, Report CS 26-20 Whitevale District Residents' Association - Whitevale Arts & Cultural Centre Lease Agreement Recommendation: 1. That the Mayor and City Clerk be authorized to execute the Lease Agreement with Whitevale District Residents' Association 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; and, 2. That the appropriate City officials be authorized to take the necessary actions as indicated in this report. 4.5 Director, Finance & Treasurer, Report FIN 08-20 Annual Indexing — Development Charges and Seaton Financial Impacts Agreement Recommendation: 1. That Report FIN 08-20 of the Director, Finance & Treasurer be received; 2. That effective July 1, 2020 as provided for in By-law No. 7595/17, as amended by By-law No. 7727/19, the Development Charges (the 136 160 For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Cty oh DICKERING Executive Committee Meeting Agenda June 15, 2020 Electronic Meeting — 2:00 pm Chair: Councillor Cumming "DCs") referred to in Schedule "C" of that By-law be increased by 2.9 percent; 3. That effective July 1, 2020 as provided for in By-law No. 7595/17, as amended by By-law No. 7727/19, the DCs referred to in Schedule "D" of that By-law be increased by 2.9 percent; 4. That effective July 1, 2020 the payments related to "10 percent Soft Services" as provided for by the Seaton Financial Impacts Agreement (FIA) dated November 26, 2015 be increased by 2.9 percent; and, 5. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 4.6 Director, City Development & CBO, Report PLN 09-20 Local Enhancement and Appreciation of Forests (LEAF) Organization's Tree Planting Program Recommendation: 1. That Report PLN 09-20 of the Director, City Development & CBO, on the implementation of the Local Enhancement and Appreciation of Forests (LEAF) Organization's Tree Planting Program, be endorsed; 2. That the Deputy Mayor and City Clerk be authorized to execute the joint agreement between the Region of Durham, the Local Enhancement and Appreciation of Forests (LEAF) organization and participating municipalities, set out in Appendix I of this report, subject to minor revisions, to deliver the tree planting program in 2020 with terms and conditions satisfactory to Corporate Services and Finance from a legal services and insurance perspective; 3. That the appropriate City staff be directed take the necessary actions as indicated in this report; and, 4. That staff be directed to report back with a summary of the results, and if successful, consider continuing the program in subsequent years pending budget approval. 170 For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Cts og DICKERING Executive Committee Meeting Agenda June 15, 2020 Electronic Meeting — 2:00 pm Chair: Councillor Cumming 5. Other Business 6. Adjournment For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Cfy �t DICKERING Report to Executive Committee Report Number: CAO 03-20 Date: June 15, 2020 From: Tony Prevedel Chief Administrative Officer Subject: COVID-19 Response - Pickering's Reopening Framework - File: A-1440 Recommendation: 1. That Council receive report CAO 03-20 regarding Pickering's Reopening Framework for information; and, 2. That the appropriate officials of the City of Pickering be authorized to take necessary actions as indicated in this report. Executive Summary: On March 17, 2020, the Province of Ontario enacted a Declaration of an Emergency under s 7.0.1 (1) the Emergency Management and Civil Protection Act in response to the COVID-19 pandemic. Since that time, a number of successive emergency orders have been enacted by the Province of Ontario in an effort to curb the spread of COVID-19 and safeguard its citizens. In response, the City of Pickering has closed all public City facilities, playground structures and park amenities; cancelled all public City programs and facility permits; cancelled all sports field permits until; and, cancelled all City events (including community -organized events in City parks) until July 1, 2020 (inclusive), as per Council Resolution #278/20. In recent weeks, however, the Province of Ontario has been progressively unveiling their strategy to reopen the province. In fact, on April 27th, the Province of Ontario released the "Framework for Reopening Our Province" (as per Attachment 1) which outlines the principles the government will use to reopen businesses, services and public spaces in gradual stages. And, on May 14th, the Province of Ontario released a "Framework for Reopening Our Province — Stage 1" (as per Attachment 2) which announced the easing of restrictions in the areas of 1) Industry Service & Retail, 2) Outdoor Recreational and Seasonal Activities and 3) Care, Community and Household Services effective May 19, 2020. These efforts to reopen the province will require the City of Pickering to be prepared through the development of Pickering's Reopening Framework. The purpose of this report is to provide an overview of that framework and overall approach to Council, in the context of COVID-19 and the Province of Ontario's efforts to reopen. - 1 - CAO 03-20 June 15, 2020 Subject: COVID-19 Response Page 2 Financial Implications: Expenditures associated with the implementation of Pickering's Reopening Framework are not yet identified but will be itemized and tracked for reporting purposes. Discussion: In response to COVID-19, the Province of Ontario made an order declaring an emergency under s 7.0.1 (1) the Emergency Management and Civil Protection Act on March 17, 2020. As a result of this declaration, the following establishments were legally required to close immediately: • All facilities providing indoor recreational programs; • All public libraries; • All private schools as defined in the Education Act; • All licensed child care centres; • All bars and restaurants, except to the extent that such facilities provide takeout food and delivery; • All theatres including those offering live performances of music, dance, and other art forms, as well as cinemas that show movies; and, • Concert venues. Since that time, additional emergency orders have successively been enacted by the Province of Ontario, that particularly impact municipal operations, which includes but is not limited to: • closure of all outdoor recreational amenities O. Reg. 104/20; • prohibiting events and gatherings of more than five people O. Reg. 52/20; and, • closure of non-essential businesses O. Reg. 82/20. In compliance with the Province of Ontario Declaration of Emergency, the City of Pickering has taken the extraordinary measure to close all public City facilities, playground structures and park amenities; cancel all public City programs and facility permits; cancel all sports field permits; and, cancel all City events (including community -organized events in city parks) until July 1, 2020 (inclusive), as per Council Resolution #278/20. On April 27th, the Province of Ontario released a "Framework for Reopening Our Province" (as per Attachment 1) which outlines the principles the government will use to reopen businesses, services and public spaces in gradual stages. Within this report, three phases are identified as part of Ontario's Response to COVID-19. They include: Phase 1: Protect and Support which focuses on protecting the health and well-being of individuals and families, supporting frontline health care workers, essential workers and businesses, and providing immediate support to protect people and jobs; Phase 2: Restart which is a stage -by -stage approach to loosening emergency measures and reopening Ontario's economy. Public health and workplace safety will remain the top priority, while balancing the needs of people and businesses. Public health officials will carefully monitor each ▪ 2 - CAO 03-20 June 15, 2020 Subject: COVID-19 Response Page 3 stage for two -to -four weeks, as they assess the evolution of the COVID-19 outbreak to determine if it is necessary to change course to maintain public health; and, Phase 3: Recover which is intended to lead Ontario's economic recovery by focusing on creating jobs and opportunity across the province, while working to restore long-term prosperity for the benefit of every individual and family in Ontario. The government will reopen Ontario businesses and public spaces gradually based on the advice of the Chief Medical Officer of Health. Each stage will last for approximately two -to -four-week periods to allow for close monitoring of any impacts or potential resurgence of cases. After each two -to -four-week period, the Chief Medical Officer of Health may advise to: reapply or tighten certain public health measures in response to a surge in cases or outbreaks; maintain status quo and continue close monitoring of impacts; or, progress to the next two -to -four-week stage. On May 14th, the Province of Ontario released a "Framework for Reopening Our Province — Stage 1" (as per Attachment 2) which announced the easing of restrictions in the areas of 1) Industry Service & Retail, 2) Outdoor Recreational and Seasonal Activities and 3) Care, Community and Household Services effective May 19, 2020. This, and future Stage 1 announcements will have an impact on the City and our efforts to reopen in a timely and responsible manner. Therefore, as the Province of Ontario proceeds to restart our province, it is critical that the City of Pickering be prepared with a comprehensive Reopening Framework. To that end, a Corporate wide staff team led by HR and Community Services Departments have been working to outline the framework by which the municipality and its services can reopen. The framework will employ the following: 1. Prepare the Building • Reconfigure buildings to support post COVID-19 program delivery • Deep clean buildings • Ready mechanical, HVAC, electrical, fire and life safety systems • Inventory all cleaning and personal precautionary apparel and stockpile • Install hand sanitizer stations and wipes throughout buildings • Install Plexiglas shields at all customer facing desks • Install floor markers and signage that serve as reminders for risk mitigating behaviours 2. Control Access • Control main points of entry for staff, members of the public and deliveries • Reconfigure gathering spaces for physical distancing • Clearly communicate safe facility use procedures through clear signage and floor markings • Screen patrons for symptoms at main points of entry • Restrict inter -departmental access and contain staff to their designated work sections • Implement a Visitor Management System - 3 CAO 03-20 June 15, 2020 Subject: COVID-19 Response Page 4 3. Create a Physical Distancing Plan (Space Use Plan) • Reconfigure workstations to safeguard employees • Staff work areas only to the level of recommended occupancy limits • Stagger arrival/departure times of workers to reduce foot traffic in common areas • Limit number of staff re-entering during Phase 1 • Implement alternating in -office work schedules • Continue work -from -home arrangements • Set clear limits to in-person meetings and reduce capacity of meeting rooms 4. Reduce Touch Points and Increase Cleaning Protocols • Maintain enhanced cleaning and disinfecting practices • Disable user service touch screens • Close communal coffee stations • Remove high -touch shared office supplies 5. Prepare the Workforce • Mitigate anxiety of returning to the workplace through change management planning and communications • Communicate benefits of returning to work and working from home • Communicate clear guidelines for mitigating risk and protocols for reducing the spread of the virus • Ensure updated self -screening tools continue to be utilized 6. Develop and Implement a Communications Plan • Ensure employees and the public feel confidence in the City's efforts to re -open safely • Set clear expectations and guidelines • Convey an atmosphere of trust and transparency • Ensure consistent messaging from senior management 7. Integrate activities with Information Technology • Support working from home arrangements and update as necessary • Utilize virtual meetings • Implement pre -registration for all programs Staff expect to have Pickering's Reopening Framework and associated Plan complete and ready to implement by early June 2020. This timeline may be impacted by the Province's announcements and easing of restrictions to reopen the province and by our ability to receive the required goods (i.e. Plexi -shields) delivered and installed in our facilities. Staff will provide regular updates at the Executive Committee Management Meetings whose role it is to manage and oversee the City's response to this emergency. - 4 - CAO 03-20 June 15, 2020 Subject: COVID-19 Response Page 5 Attachments: 1. Framework for Reopening Our Province 2. Framework for Reopening Our Province — Stage 1 Prepared By: Original Signed By: Soula Christou Supervisor, Human Resources Approved/Endorsed By: Original Signed By: Michael Cain Corporate Security Specialist Recommended for the consideration of Pickering City Council Original Signed By: Tony Prevedel, P.Eng. Chief Administrative Officer 5 A Framework for Reopening our Province April 27, 2020 Contents A Framework for Reopening our Province 3 Ontario's Response to COVID-19 4 State of Play in Ontario's Response to COVID-19 5 Principles of the Framework 6 Determining When to Ease Public Health Measures 7 Phase 2: Restart — A Gradual, Staged Approach 8 Supporting Children and Parents 9 Reopening in Stages 9 Stage 1 9 Stage 2 10 Stage 3 10 Making Workplaces Safe 11 Protecting Vulnerable Populations 12 A Path to Recovery 13 2 7 A Framework for Reopening our Province The impacts of the COVID-19 outbreak have been felt across Ontario, by families, workers, businesses and communities. By working together and following the advice of public health experts, together we made steady progress in the fight against this deadly virus. Modelling in mid-April 2020 shows early signs that enhanced public health measures — including staying home, physical distancing and hand washing — are working to stop the spread of the virus and flatten the curve of the outbreak. By following these simple steps, everyone across the province is making a positive difference. It has been a slow and steady fight, but every victory Ontario has made against COVID-19 belongs to our heroic health care workers on the frontlines of this pandemic, essential businesses and workers, those stepping up to produce much-needed medical gear, and the regular people making extraordinary sacrifices to keep their families, friends and communities safe. While the situation is still evolving, Ontario continues to work with its partners to keep people healthy and provide support for the families, individuals and businesses struggling as a result of the necessary measures taken in response to COVID-19 and to plan for what comes next. And now, led by the Chief Medical Officer of Health and the work of the Ontario Jobs and Recovery Committee, the government is planning for what comes next. A Framework for Reopening our Province lays out the government's approach to the next chapter in the ongoing fight to defeat COVID-19. It outlines the principles the government will use to reopening businesses, services and public spaces in gradual stages. It also explains the criteria Ontario's Chief Medical Officer of Health will use to help advise the government on when it is safe to begin loosening public health restrictions. And it highlights the government's commitment to continue providing guidance and advice as workplaces prepare to reopen, including businesses deemed essential that voluntarily chose to temporarily shut down. Thanks to the hard work of public health professionals and frontline heroes, and the ongoing commitment of the people of this province, Ontario is confident that together we will continue to make progress in our fight to contain and defeat this deadly virus. This framework provides a roadmap for people and businesses, so they know what to look for as the province moves forward. Together, Ontario will emerge from this crisis — with a clear path to economic recovery that keeps people safe and healthy. 3 8 Ontario's Response to COVID-19 Phase 1: Protect and Support • The government's primary focus is on protecting the health and well-being of individuals and families, supporting frontline health care workers, essential workers and businesses, and providing immediate support to protect people and jobs. This is demonstrated through the $17 -billion Ontario's Action Plan: Responding to COVID-19 and ongoing government actions, such as increased pay for frontline workers during the pandemic. Emergency orders put in place to protect people include: the closure of non-essential workplaces, outdoor amenities in parks, recreational areas and public places, as well as bars and restaurants; restrictions on social gatherings; and limiting staff from working in more than one retirement home, long-term care home or congregate care setting. Phase 2: Restart The government will take a careful, stage -by -stage approach to loosening emergency measures and reopening Ontario's economy. Public health and workplace safety will remain the top priority, while balancing the needs of people and businesses. Public health officials will carefully monitor each stage for two -to -four weeks, as they assess the evolution of the COVID-19 outbreak to determine if it is necessary to change course to maintain public health. The government will also continue to issue guidelines for workplace safety. Stage 1 Phase 3: Recover Stage 2 Stage 3 • Ensuring the health and safety of the public and workers will continue to be a top priority as Ontario transitions to a "new normal." The government will partner with businesses and other sectors to lead Ontario's economic recovery. The focus will be on creating jobs and opportunity across the province, while working to restore long-term prosperity for the benefit of every individual and family in Ontario. 4 9 State of Play in Ontario's Response to COVID-19 The government acted immediately and decisively to slow the spread of COVID-19 and protect the health and safety of the people of Ontario. Thanks to these actions, the latest expert modelling projects that the wave of new community spread of COVID-19 cases has started to peak as Ontario's outbreak is now trending positively. lilitJanuary 24 Minister's Order made the novel coronavirus a reportable disease January 25 - ongoing Rapid testing ramp -up Aggressive case and contact management of all confirmed cases ei_ March 12 Closure of public schools March 13 Essential visitors only in long-term care and other congregate care settings Stop cycling of intermittent inmates and personal visits in correctional facilities Prohibit gatherings over 250 people March 16 Practice physical distancing Self -isolate for 14 days if travelled outside Canada Prohibit gatherings over 50 people Make virtual work arrangements where possible - March 17 Emergency Declaration Closure of public places and establishments March 21 Work deployment for health services providers - March 24 Closure of non-essential workplaces Work deployment for long-term care homes - March 25 Prohibit gatherings greater than five people Release of the $17 -billion Ontario's Action Plan: Responding to COVID-19 March 30 Closure of parks and outdoor recreational amenities Limit outings to essential needs Self -isolation for those over 70, with compromised immune systems or underlying medical conditions — April 2 Enhance capacity for contact -tracing — April 3 Revised essential workplaces list — April 9 Prohibit camping on Crown land — April 11 Work deployment for service organizations, municipalities and their service providers — April 14 Extension of Emergency Declaration for 28 days — April 15 Release of COVID-19 Action Plan for Long -Term Care Homes, including the Emergency Order restricting staff from working in more than one setting — April 22 Ontario requests military support for long-term care homes — April 23 Release of COVID-19 Action Plan for Vulnerable People — April 25 Ontario provides pandemic pay for frontline heroes — April 27 Release of A Framework for Reopening our Province Principles of the Framework Ontario's plan to begin to responsibly lift public health measures and restart the economy will be guided by the advice of the Chief Medical Officer of Health and public health officials, and will be based on the following principles: 0 Responsible: Public health and protecting the people of Ontario, especially those who are most vulnerable and at high-risk, will continue to be paramount and guide a gradual approach to loosening public health measures. Evidence -informed: Emerging scientific knowledge, public health data, defined criteria and consistent measures will inform the actions of the government, regions and sectors. Resourced: Sufficient health system capacity to respond to any resurgence in COVID-19 infections will be required to protect health care workers and the public and maintain the regular health system. Monitored: Public health capacity for rigorous testing, timely contact tracing and case management will need to be in place. Responsive and Effective: Measures will be implemented quickly, clearly and efficiently, based on health capacity, safety and economic needs, and the need to tighten or restrict measures if surges or further outbreaks occur. Clear: Plans and responsibilities for individuals, employers and the health care system will be clear, well -communicated by government and ready to implement. Flexibility and the ability to adapt to changing circumstances are essential to the province's continued success. As the situation evolves, these principles will guide the actions and direction the government takes to reopen Ontario and its economy. Determining When to Ease Public Health Measures Ontario's Chief Medical Officer of Health will consider the following criteria to advise when the province can begin to ease public health measures: Virus spread and containment Ensures loosening of measures is appropriately timed with the progression of the epidemic in Ontario. Health system capacity Ensures there is an effective response to any potential case resurgence. Public health system capacity Ensures there is an effective public health response to any potential case resurgence. • A consistent two -to -four week decrease in the number of new daily COVID-19 cases. • A decrease in the rate of cases that cannot be traced to a source. • A decrease in the number of new COVID-19 cases in hospitals. • Sufficient acute and critical care capacity, including access to ventilators, to effectively respond to potential surges. • Ongoing availability of personal protective equipment (PPE) based on provincial directives and guidelines. • Approximately 90 per cent of new COVID-19 contacts are being reached by local public health officials within one day, with guidance and direction to contain community spread. Incidence tracking capacity Ensures that any potential resurgence in cases can be identified promptly. • Ongoing testing of suspected COVID-19 cases, especially of vulnerable populations, to detect new outbreaks quickly. • A shift to new and other ways of testing and contact tracing to promote widespread tracking of cases. As the province eases public health measures, these criteria will also serve as the framework for ongoing monitoring of progress and identifying when a change in direction is required. For example, the Chief Medical Officer of Health may also advise reapplying certain public health measures to manage the risk of recurring surges, outbreaks or future waves. Phase 2: Restart — A Gradual, Staged Approach A Framework for Reopening our Province Protect Restart Recover Ontario will gradually reopen all workplaces and public spaces. 4114 Open select workplaces, allow some small gatherings Further relax the restrictions on public gatherings, opening all workplaces responsibly Open more workpLaces and outdoor spaces, allow some larger gatherings Continued protections for vulnerable populations and continued practice of physical distancing, hand washing, respiratory hygiene and significant mitigation plans to limit health risks. The government will reopen Ontario businesses and public spaces gradually. This will be based on the advice of the Chief Medical Officer of Health, including the criteria and thresholds detailed above. Each stage will Last for approximately two -to -four-week periods to allow for close monitoring of any impacts or potential resurgence of cases. After each two -to -four-week period, the Chief Medical Officer of Health may advise to: • Reapply or tighten certain public health measures in response to a surge in cases or outbreaks; • Maintain status quo and continue close monitoring of impacts; or • Progress to the next two -to -four-week stage. As public health measures are lifted and as economic activity resumes, the public will need to continue to maintain physical distancing and hand washing, along with self -isolation when experiencing COVID-19 symptoms. Remote work arrangements should continue where feasible. By taking this incremental approach, the government can ensure there are appropriate measures in place to reopen the province safely and limit any risks to people and public health. Each stage requires careful assessment and monitoring to know whether to adjust, tighten or loosen measures. Supporting Children and Parents The government is committed to keeping children across Ontario safe. In considering how to reopen Ontario's economy, the government recognizes the important needs of both parents and children in relation to public health decisions about when and how to open schools and child care centres. As with all other measures, the government will proceed slowly and in phases, based on the best advice from the Chief Medical Officer of Health. In reopening, the government will ensure the safety of children and educators by ensuring adherence to public health guidelines. Reopening in Stages Examples of the government's gradual approach to reopening Ontario include: Stage 1 Initially, consider: For businesses that were ordered to close or restrict operations, opening select workplaces that can immediately meet or modify operations to meet public health guidance and occupational health and safety requirements (e.g., curbside pick-up or delivery). Opening some outdoor spaces like parks and allow for a greater number of individuals to attend some events, such as funerals. Continued protections for vulnerable populations and the continued practice of physical distancing, hand washing and respiratory hygiene, and significant mitigation plans to limit health risks. Hospitals beginning to offer some non -urgent and scheduled surgeries and other health care services. Stage 2 If the initial loosening of public health measures is successful, consider: Opening more workplaces, based on risk assessments, which may include some service industries, and additional office and retail workplaces. Opening more outdoor spaces and allowing some larger public gatherings. Continued protections for vulnerable populations and the continued practice of physical distancing, hand washing and respiratory hygiene, and significant mitigation plans to limit health risks. Stage 3 If the loosening of public health measures continues to be successful, consider: Opening all workplaces responsibly Further relaxing the restrictions on public gatherings. Large public gatherings such as concerts and sporting events will continue to be restricted for the foreseeable future. Continued protections for vulnerable populations and the continued practice of physical distancing, hand washing and respiratory hygiene, and significant mitigation plans to limit health risks. This ongoing, gradual assessment of public health measures will continue until the post - pandemic period when a vaccine or treatment for COVID-19 is available. This staged approach reflects Ontario's "new normal." This framework allows the government to prioritize the needs of individuals and families across the province, while balancing economic and social benefits and keeping people safe. To help businesses and services restart, key factors the government will consider include the risk of spread of the virus and the ability to implement protective measures to keep workplaces safe. In the coming days, the Ontario Jobs and Recovery Committee, as well as Members of Provincial Parliament (MPPs), will begin holding discussions with business associations, chambers of commerce, municipal leaders, the postsecondary sector, corporate leaders, small business owners, community and social service providers, Indigenous partners, Franco-Ontarians, entrepreneurs and others. This will enable Ontario to better understand the unique impacts of COVID-19 that each region and each sector is facing, as well as what they need to succeed as Ontario progresses through the stages of reopening toward the recovery phase. Making Workplaces Safe The health and safety of workers is the government's top concern. As public health measures are adjusted, ensuring workplaces are safe for employees and customers will be essential. All employers and workers will be required to follow directives and guidelines on COVID-19, including measures that may restrict certain activities. In fact, many key sectors deemed essential have remained open during the COVID-19 outbreak, following strict guidance to help their employees stay safe. It is vital that they continue to do so. The government will rely on their expertise and, in many cases, global experience to serve as a model for how other businesses adjust their operations for a new environment. The government will help with a range of advice and support. Safe workplaces must have a plan that promotes and adheres to strict hygiene and sanitation standards, and physical distancing to the extent possible. These are key factors to resume activities safely. The use of measures to limit risks include adjusting work practices and physical environments. This applies to workplaces that are allowed to reopen, as well as businesses deemed essential but that voluntarily chose to shut down, recognizing they may decide to resume operations before entering the first stage. The government, in partnership with Ontario's Health and Safety Associations and based on input from public health officials, will provide guidelines to employers on how to open safely and protect their employees and customers. Documents will be made available across many sectors, as well as training to provide guidance to workplaces entering the restart phase. This may include webinars and other distance learning tools. These resources will build on the guidelines provided to essential workplaces, which have enabled those businesses to adapt and remain open. Ontario has added more workplace inspectors and specialists to ensure workers continue to be protected on the job during the pandemic, including adding close to 60 new frontline officials to support employers and workers in the field. The capacity of Ontario's Health and Safety Call Centre has also been doubled. Workers who are worried their workplaces are unsafe can phone 1-877-202-0008. Regular updates will also be provided on the number of workplace inspections and work orders taking place across the province. Throughout the reopening phase, Ontario will continue the "Team Canada" approach to understand the measures and steps other jurisdictions are taking, to coordinate where possible, and reduce barriers to interprovincial business activities. Protecting Vulnerable Populations Nothing is more important than protecting the health and well-being of the people of Ontario, especially the province's most vulnerable populations. Seeing the impact of COVID-19 on seniors and vulnerable people has been heartbreaking. As Ontario gradually loosens public health restrictions and economic activity resumes, the government will continue to use every resource available to support the province's long-term care homes to stop the spread of COVID-19, with a special focus on those long-term care homes experiencing outbreaks and in need of urgent support. The COVID-19 Action Plan for Protecting Long -Term Care Homes is helping to stop and contain the spread of COVID-19 in the province's long-term care and retirement homes. The government has introduced more aggressive testing, screening and surveillance, deployed specialized teams from hospitals, public health and the home care sector, recruited additional frontline staff, and increased personal protective equipment. Ontario is also implementing its COVID-19 Action Plan for Vulnerable People to better protect people living in high-risk settings including homes serving those with developmental disabilities, shelters for survivors of gender-based violence and human trafficking, and children's residential settings. This includes Indigenous residential settings for children and youth, shelters and other high-risk settings on- and off -reserve. New measures have been put in place to enhance screening and testing, help reduce exposure to COVID-19, prevent the spread of the virus and increase infection control measures. This plan builds upon the initiatives that were put in place at the outset of the COVID-19 outbreak. A Path to Recovery Through each stage of A Framework to Reopening our Province, the government's number one priority will continue to be the health and well-being of the people of Ontario. But recovery from COVID-19 doesn't just mean stopping the spread — it also means setting up Ontario to help create jobs, prosperity and growth well into the future. As we prepare to reopen Ontario's economy, it is more important than ever to follow public health advice. Everyday actions to reduce exposure and protect people's health, such as physical distancing, frequent hand washing and staying home when ill, continue to be crucial in Ontario's fight against COVID-19. We cannot afford to let up our efforts now and undo all of the progress we have made. Together, we are making a difference. Ontario is resilient. With everyone doing their part and the heroic efforts of frontline health care workers, our efforts against COVID-19 are working. Now, the government is preparing for the weeks and months ahead, to responsibly lead Ontario's economy back to a strong position. The Ontario Spirit will continue to guide us through these challenging times. The perseverance of the people of Ontario has always been our province's strength. With a clear framework to help guide the loosening of emergency measures, and with the continued support of the people of this province, Ontario stands ready to tackle the next chapter in the fight against COVID-19. Additional resources • Learn more about the first phase of Ontario's Action Plan: Responding to COVID-19. • Learn more about the COVID-19 Action Plan for Vulnerable People. • Learn more about the COVID-19 Action Plan for Protecting Long -Term Care Homes. • Visit Ontario's website to learn more about how the province continues to protect the people of Ontario from COVID-19. • See how your organization can help fight COVID-19 through Ontario Together. • Information and advice to help your business navigate the economy during COVID-19. A Framework for Reopening our Province STAGE I. Aior M Y�O2 12U May14,24 Contents A Framework for Reopening our Province: Phase 2: Restart — Stage 1 3 What Stage 1 of the Restart Means for You 4 Keeping Workplaces Safe 4 What Stage 1 Means for Industry Services and Retail 5 What Stage 1 Means for Outdoor, Recreational and Seasonal Activities 6 What Stage 1 Means for Care, Community and Household Services 7 Beyond Stage 1 8 Staying Healthy and Safe: What You Need to Know 9 Working with our Partners 10 A Path to Recovery 10 Additional Resources 10 000 2 -20- A Framework for Reopening our Province: Phase 2: Restart — Stage 1 In A Framework for Reopening our Province, the government laid out Ontario's approach to reopening our province in order to get people back to work. The framework provided the principles the government will use to reopen businesses, services and public spaces in three stages, while maintaining the health and safety of the people of Ontario as our top priority. As with every step taken in the fight against COVID-19, Ontario will proceed with caution and in consultation with the Chief Medical Officer of Health and other health experts. Stage 1 of the framework provides businesses owners, workers and families with the information they need to reopen safely in this new environment and make the restart of Ontario's economy a success. Ontario's Action Plan in response to COVID-19 A FRAMEWORK FOR REOPENING OUR PROVINCE Phase 1: PROTECT AND SUPPORT $17 -billion in targeted support Phase 2: RESTART A gradual staged approach Phase 3: RECOVER Long-term growth 3 - 21 - 000 What Stage 1 of the Restart Means for You The first stage of reopening will focus on workplaces that are well-positioned to follow public health advice to maintain physical distancing, implement workplace safety guidance and limit gatherings. Stage 1 will also lessen the pressure on public transit and other services, giving them more time to safely prepare for future stages. As part of Ontario's cautious and responsible approach, protections for vulnerable people will continue to be maintained throughout each stage of restarting. A Framework for Reopening our Province PHASE 2: RESTART STAGE 1 ® 0 STAGE 2 2—t Weeks As noted in A Framework for Reopening our Province, key public health indicators will guide when Ontario progresses to each stage of the restart in order to help lower the risk of outbreaks and prevent a surge in the health system. Public health experts will carefully monitor each stage so that the province can benefit from best practices and lessons learned, and adjust measures as needed as we move towards Stage 2 and 3. The government will continue to plan for what comes next and provide more details on each stage of reopening when the time is right. Keeping Workplaces Safe Keeping workplaces, staff and the general public safe as Ontario gradually reopens is the government's primary focus. Key workplace safety considerations include: The risk of the spread of COVID-19 in each workplace or sector. The ability to conduct business and/or services remotely. The ability to adjust business and/or service practices to ensure physical distancing, enhanced hygiene and cleaning, monitoring of sick workers, and use of personal protective equipment, if necessary. The ability to clean workplaces, which may require restrictions on space available to employees and customers (e.g., curbside pick-up, closing sections). With key public health measures in place and workplace safety guidance available, Ontario can gradually begin to reopen workplaces, but working from home should continue as much as possible. The Chief Medical Officer of Health has provided guidance on how the openings of businesses and workplaces could be implemented safely. The government has also developed fact sheets for staying safe, including when and how to wear a face mask, how to take care of yourself and each other, and how to care for your pets. goo 4 -22- What Stage 1 Means for Industry Services and Retail Ontario will begin easing restrictions on industry services and retail by: 00 m • Lifting essential workplace Limits on construction and resuming all construction. • Opening retail located outside of shopping malls with a separate street -front entrance, with restrictions to enable physical distancing which can include: • limiting the number of customers in a store at any one time or by square metre • booking appointments beforehand or on the spot • continuing to encourage curbside pickup or deliveries Opening motor vehicle dealerships, including: • new and used cars and trucks • motorcycles, boats and other motor and recreational vehicles, such as ATVs Allowing media operations, specifically: • music recording, including production, distribution, publishing and studios • interactive digital media, including programming and development • film and television post -production and animation studios • publishing, including newspapers, video games and books • Opening non-essential professional services related to conducting research and experimental development in physical, engineering and life sciences, such as biotechnology, agriculture and industrial research and development labs • Allowing emissions inspection facilities to conduct heavy vehicle emissions testing. KEEPING EMPLOYEES AND CUSTOMERS SAFE The government and health and safety associations have released close to 90 health and safety guidance documents to provide advice to those working in multiple sectors, including: • construction • retail • film and TV Workplaces should review and adopt the safety guidelines to ensure measures are in place to protect workers, customers and the general public. Inspectors from the Ministry of Labour, Training and Skills Development will be visiting workplaces to ensure employers put proper safety measures in place for workers. 5 -23- aoo What Stage 1 Means for Outdoor, Recreational. and Seasonal Activities Ontario will begin to restart outdoor, recreational and seasonal activities by: Further opening seasonal businesses, activities and services, such as: o golf driving ranges o recreational services at marinas o rod and gun clubs o cycling tracks Allowing sport activity for individual/single competitors, including training and competitions conducted by a recognized Provincial Sport Organization, National Sport Organization, or recognized national provincial training centres. This includes indoor and outdoor non -team sport competitions that can be played while maintaining physical distancing and without spectators, such as: o water sports on lakes and outdoor bodies of water (no swimming pool sports), such as rowing and sailing o low -contact racquet sports like tennis, badminton, pickleball and ping pong o athletics, such as track and field, gymnastics and figure skating o animal -related sports, such as horse racing KEEPING OUTDOOR ACTIVITIES SAFE The government and health and safety associations have released close to 90 health and safety guidance documents to provide advice to those working in multiple sectors, including: • marinas • golf courses • facilities maintenance Workplaces should review and adopt the safety guidelines to ensure measures are in place to protect workers, customers and the general public. Inspectors from the Ministry of Labour, Training and Skills Development will be visiting workplaces to ensure employers put proper safety measures in place for workers. What Stage 1 Means for Care, Community and Household Services mh_ Ontario will gradually begin reopening health care, community and household services by: Gradually restarting health care services, which will need to ensure they maintain capacity to respond to COVID-19, including: o hospitals, independent health facilities, clinics and private practices providing scheduled surgeries and procedures, based on their ability to meet specified conditions, as outlined in A Measured Approach to Planning for Surgeries and Procedures During the COVID-19 Pandemic o supporting services for surgeries and procedures, such as diagnostics and post -acute rehab, based on their ability to meet specified conditions, as outlined in A Measured Approach to Planning for Surgeries and Procedures During the COVID-19 Pandemic o in-person counselling, including psychology and addictions counselling o resuming in-person services, in addition to virtual services, delivered by health professionals such as Children's Treatment Centres KEEPING PEOPLE SAFE The government and health and safety associations have released close to 90 health and safety guidance documents to provide advice to those working in multiple sectors, including: • equipment operators and general labourers • community labs • home care and community services Workplaces should review and adopt the safety guidelines to ensure measures are in place to protect workers, customers and the general public. Inspectors from the Ministry of Labour, Training and Skills Development will be visiting workplaces to ensure employers put proper safety measures in place for workers. Allowing services for animals and pets to resume, specifically: o pet care, including pet grooming, pet sitting and pet training o regular veterinary appointments Opening Libraries for pickup or deliveries. Allowing indoor and outdoor household services that can follow public health guidelines to resume, including: o domestic services, such as housekeepers and cooks o Lifting essential workplace limits on maintenance, repair and property management services, such as cleaning, painting, and pool maintenance 7 -25- 000 Beyond Stage 1 Based on the best practices and lessons Learned from Stage 1, the next stages of reopening Ontario will focus on opening more businesses, public spaces and services and enabling more people to return to work. Public health measures and workplace safety guidelines will remain in place and available. Working remotely and protections for vulnerable people are expected to continue throughout each stage. Stage 2 If Stage 1 of reopening the province is successful, Ontario will consider: • 0 Stage 3 Opening more workplaces, which may include some service industries, and additional office workplaces. Opening more community and outdoor spaces and allowing some larger public gatherings. Continuing to get back to full services with restrictions, such as more care services, courthouse and tribunal services, and more community spaces and visits. Maintaining protections for vulnerable populations and the continued practice of physical distancing, hand washing and respiratory hygiene, and significant mitigation plans to Limit health risks. If Stage 2 of reopening the province is successful, Ontario will consider: 001 0000 M Opening all workplaces responsibly. 0Further relaxing the restrictions on recreational spaces and public gatherings. Large a. public gatherings such as concerts, night clubs and sporting events will continue to be restricted for the foreseeable future. Allowing full services to resume, such as fully opening Libraries to the public and jury proceedings. Maintaining protections for vulnerable populations and the continued practice of physical distancing, hand washing and respiratory hygiene, and significant mitigation plans to Limit health risks. 000 8 -26- Staying Healthy and Safe: What You Need to Know To ensure these first actions to reopen the province are a success, it will be critical to continue to follow public health guidelines to limit contact with others and maintain physical distancing in Stage 1 and beyond. The Chief Medical Officer of Health will closely monitor the evolving situation to determine when certain public health restrictions can be gradually loosened. We are all in this together. We all share a responsibility to stay informed, be prepared, be flexible and follow these measures throughout the COVID-19 pandemic and for each stage of reopening the province. You can make the first stage of restarting Ontario a success by: 0 e0 Staying at home and away from others if you are feeling ill Physical distancing of two metres from people in public Practising good hygiene (avoiding touching your face and covering your cough or sneeze) Limiting outings and public gatherings as per emergency orders Minimizing travel and self -isolating for 14 days after all international travel CD 9 -27- Washing your hands frequently with soap and water, or using an alcohol -based sanitizer if soap and water are not available Wearing a face covering in public where physical distancing is a challenge or not possible Increasing cleaning of frequently touched surfaces Working remotely or redesigning spaces and interactions to make them safer Protecting the most vulnerable 000 Working with our Partners Continued collaboration with our partners is essential for the effective reopening of our communities and the Launch of the economic recovery process. The Ontario Jobs and Recovery Committee will continue to meet with a diverse range of people across all regions and sectors of the province. Ontario will work closely with its municipal partners to understand the unique impacts of COVID-19 on each community, as well as what they need to succeed as the province continues to make progress on the recovery. The province is soliciting additional actions and measures that can be taken to further protect and support vulnerable people and staff in high-risk settings as we work to reopen the province in stages. The government will also work collaboratively with faith communities and the wedding industry to develop guidance that may enable safe gatherings for these events, including wedding ceremonies and religious occasions. Visit ontario.ca/reopen to provide your ideas about the restart and recovery phase. A Path to Recovery The path to recovery depends on our continued efforts in stopping the spread of this virus and the ability to adapt to changing circumstances on the ground. It is more important than ever to follow public health advice. Working from home and staying home when ill continue to be crucial to stopping this pandemic. Until COVID-19 is behind us, each of us must take simple yet critical steps to reduce exposure and protect each other, such as physical distancing, frequent hand washing and covering a cough or sneeze. If everyone across the province keeps doing their part, we will persevere in the fight against this virus and emerge ready for a strong recovery. Additional Resources • Find workplace safety guidance documents to prepare for reopening. • Learn more about A Framework for Reopening our Province. • Learn more about the first phase of Ontario's Action Plan: Responding to COVID-19. • Learn more about A Measured Approach to Planning for Surgeries and Procedures During the COVID-19 Pandemic, • Learn more about the COVID-19 Action Plan for Vulnerable People. • Learn more about the COVID-19 Action Plan for Protecting Long -Term Care Homes. • Provide your input on the economic impacts of COVID-19 and the next phase of Ontario's Action Plan. • Visit Ontario's website to learn more about how the government continues to protect people from COVID-19. ©00 10 -28- Cla 6/ DICKERING Report to Executive Committee Report Number: CS 12-20 Date: June 15, 2020 From: Marisa Carpino Director, Community Services & Deputy CAO Subject: Don Beer Arena Pro Shop - Licence Amending Agreement File: A-1440 Recommendation: 1. That the Mayor and Clerk be authorized to execute the Don Beer Arena Pro Shop Licence Amending Agreement as set out in Attachment 1 to which XPRT Marketing & Promotions will be permitted to operate the Don Beer Arena Pro Shop from September 1, 2020 to April 30, 2022, subject to minor revisions acceptable to the Director, Community Services & Deputy CAO and the Director, Corporate Services & City Solicitor; and, 2. That the appropriate City officials be authorized to take the necessary actions as indicated in this report. Executive Summary: The License Agreement permitting XPRT Marketing & Promotions to operate the Pro Shop in Don Beer Arena expired on April 30, 2020. A request has been made by XPRT Marketing & Promotions to extend the agreement for an additional 2 year term as per Section 2 of the current Licence Agreement. The Arena Pro Shop License Agreement was originally for a 3 year term beginning September 1, 2017 and ending April 30, 2020 (8 months per term, for a total of 24 months), with 2 optional 8 month term extensions. Under the terms of the agreement, XPRT Marketing & Promotions is responsible to operate the Pro Shop at Don Beer Arena for the purposes of selling items and services related to ice hockey, skating, figure skating and ringette. The Community Services Department recommends that the current Arena Pro Shop Licence Agreement be extended with XPRT Marketing & Promotions for a 2 year term beginning September 1, 2020 and ending April 30, 2022. Financial Implications: Within the existing Licence Agreement, fees to be paid for the 2 optional 8 month term extensions was to be $4,800.00 (plus HST) per year. However, a request was made to City staff by XPRT Marketing & Promotions to decrease the annual fee paid for the extension period due to declining sales. After discussion by both parties, it was negotiated that XPRT Marketing & Promotions pay -29- CS 12-20 June 15, 2020 Subject: Arena Pro Shop Licence Amending Agreement Page 2 $4,650.00 (plus HST) per year for the 2 year extension period of September 1, 2020 to April 30, 2022. As a result, the revenue to be generated from this Licence Amending Agreement is $9,300.00 (plus HST) for the 2 year term. Yearly fees will be paid in 8 equal payments at the first of each month made payable to the City of Pickering from September 1st to April 30th for the period from 2020 to 2022 inclusive. Discussion: The original Arena Pro Shop License Agreement permitting XPRT Marketing & Promotions to operate the Don Beer Pro Shop was originally dated September 1, 2006 and has been extended or re -awarded to XPRT Marketing & Promotions ever since. XPRT Marketing & Promotions is a family owned business that has had ties to the Pickering hockey community for over 25 years. The Arena Pro Shop is located on the first floor within the Don Beer Arena and provides daily services to facility users. The Arena Pro Shop sharpens skates, silk screens and embroiders jerseys, conducts skate and equipment repairs, and sells ice sports merchandise. The services and products offered at the Arena Pro Shop enhance the operation of Don Beer Arena as a full service destination. The current Arena Pro Shop License Agreement will expire on April 30, 2020 and therefore will require a 2 year term extension. Despite COVID-19, both parties are interested in extending the agreement at this time in order to ensure that services can resume as soon Don Beer Arena is permitted to reopen. Should arenas remain closed during the term of the extension due to COVID-19, XPRT Marketing & Promotions will not be required to pay their monthly rent as is current practice. Interestingly, as per the Licence Amending Agreement in Attachment 1, the terms of the Licence Agreement were updated to include clearer provisions for emergency closures, such as the current COVID-19 restrictions. Therfore, the Director, Community Services & Deputy CAO recommends that a 2 year extension to the current Arena Pro Shop Licence Agreement be initiated with XPRT Marketing & Promotions for a 2 year term beginning September 1, 2020 and ending April 30, 2022. -30- CS 12-20 June 15, 2020 Subject: Arena Pro Shop Licence Amending Agreement Page 3 Attachments: 1. Licence Amending Agreement (September 1, 2020 to April 30, 2022) 2. Licence Agreement (September 1, 2017 to April 30, 2020) Prepared By: Original Signed By: Kevin Hayes Supervisor, Facilities Operations KH:mc Approved/Endorsed By: Original Signed By: Marisa Carpino Director, Community Services & Deputy CAO Recommended for the consideration of Pickering City Council Original Signed By: Tony Prevedel, P.Eng. Chief Administrative Officer - 31 - Attachment No. 1 to Report CS 12-20 Licence Amending Agreement This Licence Amending Agreement is made as of the day of , 2020. Between: XPRT Marketing & Promotions (the "Operator") - and - The Corporation of the City of Pickering (the "City") WHEREAS pursuant to a licence agreement dated September 1, 2017 between the City and the Operator, a copy of which is attached hereto as Schedule "A" (the "Licence Agreement"), the City granted to the Operator the right to operate certain services in the arena pro shop facility in the Don Beer Arena located at 940 Dillingham Road, Pickering; AND WHEREAS the City and the Operator have agreed to amend the Licence Agreement as hereinafter set forth; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the sum of Two Dollars ($2.00) now paid by each party to the other, and for other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), the parties hereto agree as follows: 1. The foregoing recitals are true in substance and fact and are incorporated herein. 2. The Licence Agreement is hereby amended as follows: (a) Sections 3.4 and 3.5 are deleted in their entirety and replaced with the following: "4. September 1, 2020 ending April 30, 2021, $581.25 plus HST for a total of $4,650.00 plus HST. 5. September 1, 2021 ending April 30, 2022, $581.25 plus HST for a total of $4,650.00 plus HST." -32- (b) Section 4 is amended by adding a new subsection 11 as follows: "Notwithstanding anything else contained herein, the City reserves the right, in its sole discretion, to alter the operating schedule and the City will not be responsible for any losses or damages including any lost revenues and/or expenses incurred by the Operator due to operating schedule changes and/or Arena closures, for any reason whatsoever." (c) A new Section 19 is added as follows: "14. The City shall not be liable for any damages caused by any delay or failure to perform the whole or any part of this Agreement, 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." 3. Except as hereby amended, the parties confirm that the terms, covenants and conditions of the Licence Agreement remain unchanged and in full force and effect. 4. It is understood and agreed that all terms and expressions when used in this Licence Amending Agreement, unless a contrary intention is expressed herein, have the same meaning as they have in the Licence Agreement. 5. This Licence Amending Agreement, including any Schedules attached hereto, constitutes the entire agreement between the parties and may not be amended or modified in any respect except by written instrument signed by the parties hereto. 6. This Licence Amending Agreement may be executed in several counterparts, and/or by facsimile or email transmission, each of which shall constitute an original and all of which, taken together, shall constitute one and the same instrument. 7. This Licence Amending Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario. 3,3 8. If any covenant, obligation or provision contained in this Licence Amending Agreement, or the application thereof to any person or circumstance, shall, to the any extent, be invalid or unenforceable, the remainder of this Licence Amending Agreement or the application of such covenant, obligation or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby and each covenant, obligation or provision of this Licence Amending Agreement shall be separately valid and enforceable to the fullest extent permitted by law. 9. This Licence Amending Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors and permitted assigns, as the case may be. In witness whereof the parties have duly executed this Licence Amending Agreement as of the date first written above. XPRT Marketing & Promotions Name: Title: Name: Title: I/We have the authority to bind the Corporation. The Corporation of the City of Pickering David Ryan, Mayor Susan Cassel, City Clerk 314 Schedule "A" Licence Agreement [to be inserted] -345- Attachment No. 2 to Report CS 12-20 Licence Agreement This Licence Agreement is made as of September 15t 2017. Between: XPRT Marketing & Promotions (the "Operator") and The Corporation of the City of Pickering (the "City") Whereas the City is the owner of the Don Beer Arena located at 940 Dillingham Road, Pickering, Ontario, L1W 1Z6 (the "Arena"); And Whereas the Operator wishes to operate a Pro Shop in the Arena. Now Therefore the parties agree as follows: Definitions 1. In this Agreement, (a) "Arena Pro Shop" means the facility located in the Arena for the operation of the Services as hereinafter defined ; (b) "Director" means the Director of the City's Community Services Department or a designate; (c) "Services" means the supply, rent or sale of items and services relating to ice hockey, skating, figure skating and ringette; and (d) "Term" means the term of this Agreement, including any renewal, as set out in Section 2. Term 2. (1) The City grants to the Operator the right to operate the Services in the Arena Pro Shop for the period beginning September 1, 2017 and ending April 30, 2020 (a total of 24 months), with the option to extend the agreement for up to two additional one (1) year terms (a total of 16 months), ending April 30, 2022. The Operator shall provide the Services only during the months of September to April, both inclusive, during each term. The Operator shall not be permitted to sell any products sold in the snack bar concession located in the Arena. -36- (2) This Agreement may be extended at the end of the term subject to the City being satisfied with the provision of the Services by the Operator and subject to terms mutually agreeable to the City and the Operator. Operator shall advise the City no later than April 1, 2020 of its desire to extend the term. (3) Either the Operator or the City may terminate this Agreement prior to its expiry date by providing ninety (90) days' written notice to the other. Fees 3. The Operator shall pay to the City monthly installments on the first day of each month in the amount of: 1. September 1, 2017 ending April 30, 2018, $575.00 plus HST for a total of $4,600.00 plus HST. 2. September 1, 2018 ending April 30, 2019, $575.00 plus HST fora total of $4,600.00 plus HST. 3. September 1, 2019 ending April 30, 2020, $575.00 plus HST for a total of $4,600.00 plus HST. If agreement is to be extended for a further term(s) (up to 16 months total), the optional pricing submitted for each term shall be in effect until April 30, 2022: 4. September 1, 2020 ending April 30, 2021, $600.00 plus HST for a total of $4,800.00 plus HST. 5. September 1, 2021 ending April 30, 2022, $600.00 plus HST for a total of $4,800.00 plus HST. Operation 4. (1) The Operator shall operate the Services during the term, seven days per week, between: (a) 5:00 pm and 10:00 pm Monday through Friday; and (b) 7:00 am and 9:00 pm Saturdays and Sundays, subject to closing for statutory holidays or any other reasons, only with the prior written approval of the Director. (2) In no event shall the Arena Pro Shop be open before 7:00 am or after 11:00 pm on any day. (3) The Operator shall supply all equipment required for the operation of the Services at its expense. (4) The City shall provide heat and electrical power for the operation of the Arena Pro Shop at its expense. -37- (5) The Operator shall pay all realty, business or other taxes or rates that may be levied against the lands upon which the Arena is located, against the Arena Pro Shop or against as a result of the Services. (6) The Operator shall comply with all reasonable standards set by the Director for the operation and maintenance of the Arena Pro Shop, in keeping with the standards set for the operation and maintenance of the Arena. (7) The Operator shall not alter any part of the Arena Pro Shop, nor install any fixtures thereto without the prior permission in writing of the Director. (8) The Operator shall comply with all applicable statutes, laws, by-laws and regulations, whether federal, provincial, municipal or otherwise at any time in effect during the term of the agreement. (9) The Operator shall maintain the Arena Pro Shop in a safe, clean and neat condition and shall maintain all equipment used in providing the Services in good repair. (10) The Operator shall operate the Services in a proficient way, and shall employ trained and courteous staff. Insurance 5. Prior to occupying the Arena Pro Shop, the Operator; at its own expense, shall provide, (a) comprehensive general public liability insurance, identifying the City as an additional insured, including coverage for personal injury, contractual liability, tenant's legal liability, non -owned automobile liability, death and property damage, on an occurrence basis with respect to the business carried on at the Arena Pro Shop and The Operators' use and occupancy of the Arena Pro Shop, with coverage for any one occurrence or claim of not less than $2,000,000 CDN, which insurance shall protect the City in respect of claims by The Operators as if the City was separately insured; (b) All Risk Property insurance coverage for all equipment, furniture and property owned by the Operator while occupying the Arena Pro Shop; (c) the Operator shall provide proof of automobile insurance for any and all vehicles used for the purpose of any works arising out of the occupation of the Arena Pro Shop; and -38- (d) a certificate of insurance coverage in a form satisfactory to the City, prior to the Operator occupying the Arena Pro Shop, which insurance coverage shall be kept in full force and effect throughout the term. 6. The Operator shall not do or omit or permit to be done anything which causes any insurance premium of the City to be increased, and if any insurance premium shall be so increased, the Operator shall pay to the City forthwith upon demand the amount of such increase. If notice of cancellation or lapse shall be given respecting any insurance policy of the City or if any insurance policy shall be cancelled or refused to be renewed by an insurer by reason of the use or occupation of the Arena Pro Shop, the Operator shall forthwith remedy or rectify such use or occupation upon being requested to do so in writing by the City and if shall fail to do so the City may, at its option, terminate this Agreement forthwith by notice to the Operator and the Operator shall immediately vacate the Arena Pro Shop. Liability of the City 7. The City shall not be liable to the Operator for any loss of or damage to the Arena Pro Shop or any equipment or inventory contained therein, whether caused by fire, theft, burglary or otherwise, unless such loss or damage was caused by the negligence of the City, its servants, agents or employees. 8. The Operator shall indemnify the City and each of its servants, employees and agents from and against all actions, suits, claims and demands which may be brought against any of them, and from and against all losses, costs, charges, damages and expenses which may be sustained by any of them as a result of the use and occupation of the Arena Pro Shop by the Operator or those persons for who the Operator is responsible at law. Default 9. If at any time the Operator is in default in the performance of any of the obligations under this Agreement and such default continues for fifteen (15) days after the receipt by the Operator of notice from the Director setting out the particulars of such default, the City shall have the right to terminate this Agreement forthwith, and thereupon all the rights of the Operator under this Agreement shall immediately cease and the City shall not be liable for payment to the Operator of any moneys whatsoever by reason of such termination. 10. If any outstanding fees are not paid as required by this Agreement, the City shall be entitled to retain and dispose of any equipment installed in the Arena Pro Shop in order to satisfy the outstanding fees and the costs of collecting them. -39- 11. Notwithstanding the termination of this Agreement, the provisions of Section 8 shall continue to bind the Operator and the Operator shall continue to be obligated to pay to the City all monies due to the City. General 12. The Director or Designate shall have the right to enter the Arena Pro Shop at any time for any reason, provided all reasonable efforts are made to minimize any disruption to the Operator's use of the Arena Pro Shop. 13. The Operator shall not exhibit or allow to be exhibited in the Arena Pro Shop any sign, notice, notice board, painting, design or advertisement without the prior consent of the Director. 14. This Agreement shall not be assignable by the Operator without the consent of the City, which consent may be arbitrarily refused. 15. This Agreement shall enure to the benefit of and be binding upon the parties and their respective successors and permitted assigns. 16. No amendment to this Agreement shall be effective unless it is in writing and signed by both parties. 17. The Operator shall not sublet the management/services of the Pro Shop at any time during this agreement. 18. (1) Any notice to the City under this Agreement shall be in writing and shall be delivered to the following address: Pickering Civic Complex One The Esplanade Pickering, Ontario L1 V 6K7 Attention: City Clerk (2) Any notice to the Operators under this Agreement shall be in writing and shall be delivered to the following address: XPRT Marketing & Promotions 1161 Cedarcroft Crescent Pickering, ON L1X 1R9 Attention: Bill Dawson -40- (3) Notice sha be sufficiently given if delivered in person or sent by registered mail, or sent by facsimile transmission during normal business hours on a business day. Business day shall mean Monday to Friday inclusive, excluding statutory holidays. (4) Each notice sent shall be deemed to have been received on the day it was delivered or on the third business day after it was mailed. (5) The parties may change their address for notice by giving notice to the other in the manner provided in this section. IN WITNESS WHEREOF the parties have signed this Agreement. XPRT Marketing & Promotions Bill Dawson, Owner/Manager The Corporation of the City oft -Pickering: tiF -z I -Rya !! �3� ti ����; r� i €: 0 : ailcy Debbie Shields, City Clerk We have authority to bind the Corporation - 41 - C4PICKE 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. -42- 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 -43- 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 -44- 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: Original Signed By: Marisa Carpino Director, Community Services & Deputy CAO MC:as Recommended for the consideration of Pickering City Council Original Signed By: Tony Prevedel, P.Eng. Chief Administrative Officer -45- 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. -46- 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- -47- 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 "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. -48- 4 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. -49- 5 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. -50- 6 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. - 51 - 7 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 -52- 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 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 -53- 9 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. -54- 10 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. -55- 11 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. -56- Schedule "A" City's Alcohol Management Policy [to be inserted] - 57 - 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 -58- 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: 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. 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. (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. Schedule "B" City's Conditions of Agreement [to be inserted] -63- GGg �/, 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 aGlisil-ation fee. Gly 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 -65- Gly 4 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 -66- Gly 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. -67- 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. -68- 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- -69- 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 -70- 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. - 71 - 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. 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. - 72 - 6 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 -73- 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. -74- 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. -75- 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. -76- 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. - 77 - 11 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. -78- Schedule "A" Sketch of Premises [to be inserted] 79 - SCHEDULE 'A' SECOND FLOOR STAIRWELL HT illi I I I I I I GROUND FLOOR GREENWOOD COMMUNITY CENTRE PREMISES 80 - 0 5 10 METRES NORTH Schedule "B" City's Alcohol Management Policy [to be inserted] - 81 - 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 -82- 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: 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. 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. (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. Schedule "C" City's Conditions of Agreement [to be inserted] -87- GGg �/, 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 isil-ation fee. Gly 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 89 - Gly 4 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 -90- Gly 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. - 91 - 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. -92- 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 -93- 3 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 -94- 4 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. -95- 5 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. -96- 6 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. _97_ 7 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. _98- 8 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 _99- 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 - 100 - 10 (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. - 101 - 11 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. - 102 - Schedule "A" City's Alcohol Management Policy [to be inserted] - 103 - 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 - 104 - 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: 2 - 105 - 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. 3 - 106 - 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 - 107 - (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. 5 - 108 - Schedule "B" City's Conditions of Agreement [to be inserted] - 109 - GGg �/, 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 $40700 id nstmation fee. Gly 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 Gly 4 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 - 112 - Gly 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. - 113 - 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. - 114 - 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. - 115 - 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. - 116 - 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. - 117 - 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. - 118 - 6 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. - 119 - 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 - 120 - 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 - 121 - 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. - 122 - 10 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. - 123 - 11 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. - 124 - Schedule "A" City's Alcohol Management Policy [to be inserted] - 125 - 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 - 126 - 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: 2 - 127 - 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. 3 - 128 - 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 - 129 - (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. 5 - 130 - Schedule "B" City's Conditions of Agreement [to be inserted] - 131 - GGg �/, 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 $40700 id32strAtion fee. Gly 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 - 133 - Gly 4 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 - 134 - Gly 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. - 135 - Cf� ei? DICKERING Report to Executive Committee Report Number: CS 26-20 Date: June 15, 2020 From: Marisa Carpino Director, Community Services & Deputy CAO Subject: Whitevale District Residents' Association - Whitevale Arts & Cultural Centre Lease Agreement - File: A-1440 Recommendation: 1. That the Mayor and City Clerk be authorized to execute the Lease Agreement with Whitevale District Residents' Association 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; and, 2. That the appropriate City officials be authorized to take the necessary actions as indicated in this report. Executive Summary: The City of Pickering has a Lease Agreement with the Whitevale & District Residents Association (WDRA) to operate the Whitevale Arts & Cultural Centre (WACC) for a period of August 1, 2015 to July 31, 2020, through Report CR 16-15 at the Executive Committee meeting of July 6, 2015. As per the terms of this lease agreement, WDRA is responsible to operate the premises in order to provide public arts and cultural services, events and activities. Since that time, WDRA has been operated to the satisfaction of the City. As such, the Community Services Department recommends that the Lease Agreement set out in Attachment 1 of this report be initiated for a five year term beginning August 1, 2020 and ending July 31, 2025. Financial Implications: The City of Pickering's annual general maintenance and operating costs for the Whitevale Arts & Cultural Centre is approximately $6,823.00 to include: Hydro $1,523.00 Water Testing & Supplies $1,600.00 Septic Maintenance $1,100.00 Pest Control $ 500.00 General Maintenance $1,500.00 Contingency $ 600.00 Total $6,823.00 - 136 - CS 26-20 June 15, 2020 Subject: Whitevale Arts & Cultural Centre Lease Agreement Page 2 Please note that these costs exclude facility cleaning and leasehold improvements which would be the responsibility of the Whitevale & District Resident's Association. Discussion: As per Council Resolution #65/15, staff have been authorized to prepare a Lease Agreement to which Whitevale & District Residents' Association (WDRA) will be permitted to repurpose the former Whitevale Library (located at 475 Whitevale Road) into the Whitevale Arts & Cultural Centre (WACC) to operate various arts and cultural community programs, to be brought back to Council for consideration and approval. As such, Council received and approved the Lease Agreement for WDRA to operate the WACC, through report CR 16-15 at the Executive Committee Meeting dated July 6, 2015. Since 2015, WDRA offers a number of public arts and cultural events, activities and events at WACC for people of all ages. The facility has been operated in a manner that satisfies the City. As such, the Community Services Department recommends that the Lease Agreement set out in Attachment 1 of this report be initiated for a five year term beginning August 1, 2020 and ending July 31, 2025. Attachments: 1. Whitevale District Residents' Association Lease Agreement Prepared/Approved/Endorsed By: Original Signed By: Marisa Carpino Director, Community Services & Deputy CAO MC:as Recommended for the consideration of Pickering City Council Original Signed By: Tony Prevedel, P.Eng. Chief Administrative Officer CORP0227-07/01 revised - 137 - Lease Agreement This Lease is made as of the 1St day of August, 2020. Between: Attachment #1 to Report CS 26-20 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 August 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 Library located at 475 Whitevale Road, 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. - 138 - 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, display space for artists and workshop space for artists - 139 - 3 and educational and cultural programs, 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 fees for the rental of the Premises at rates approved from time to time by the City. - 140 - 4 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 July 31, 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 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). 22. 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 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. - 141 - 5 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. 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 proper operation of the Premises. 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. - 142 - 6 30. The Association shall be responsible for all day-to-day operating expenses, including, but not limited to, telephone fees and garbage removal. The Association shall not be responsible for utilities. 31. 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. 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. - 143 - 7 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 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. 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 including all contents, artifacts and artwork that is owned by any other party that is on display at the Premises or within the Association's possession. 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 results in any increase in premiums for any of the City's insurance policies, the Association shall pay such increase to the City. - 144 - 8 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 wilful misconduct or gross negligence of the City or those for whom the City is at law responsible. 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 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 wilful misconduct or 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 which it may have with respect to such default, may remedy such default and the Association shall be responsible for all such reasonable costs. - 145 - 9 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. - 146 - 10 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. In Witness Whereof the parties have executed this Lease as of the date first written above. - 147 - 11 The Corporation of the City of Pickering Kevin Ashe, Deputy Mayor Susan Cassel, City Clerk Whitevale & District Residents' Association Julia Schembri, President I have authority to bind the Corporation. - 148 - Schedule "A" City's Alcohol Management Policy [to be inserted] - 149 - 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 - 150 - 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: 2 - 151 - 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. 3 - 152 - 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 - 153 - (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. 5 - 154 - Schedule "B" City's Conditions of Agreement [to be inserted] - 155 - GGg �/, 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 $40700 id5OstrAtion fee. Gly 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 - 157 - Gly 4 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 - 158 - Gly 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. - 159 - Cly 4 DICKERING Report to Executive Committee Report Number: FIN 08-20 Date: June 15, 2020 From: Stan Karwowski Director, Finance & Treasurer Subject: Annual Indexing — Development Charges and Seaton Financial Impacts Agreement Recommendation: 1. That Report FIN 08-20 of the Director, Finance & Treasurer be received; 2. That effective July 1, 2020 as provided for in By-law No. 7595/17, as amended by By-law No. 7727/19, the Development Charges (the "DCs") referred to in Schedule "C" of that By-law be increased by 2.9 percent; 3. That effective July 1, 2020 as provided for in By-law No. 7595/17, as amended by By-law No. 7727/19, the DCs referred to in Schedule "D" of that By-law be increased by 2.9 percent; 4. That effective July 1, 2020 the payments related to "10 percent Soft Services" as provided for by the Seaton Financial Impacts Agreement (FIA) dated November 26, 2015 be increased by 2.9 percent; and 5. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: The Development Charges Act 1997 and Ontario Regulation 82/98, and By-law No. 7595/17, as amended by By-law No. 7727/19 provide for an automatic annual adjustment to the City's development charges based on the Building Construction Price Index in order to keep development charges revenues current with construction costs. The Building Construction Price Index for the non-residential buildings construction for the annual period ending March 31, 2020 is 2.9 percent. Adoption of Recommendations 2 and 4 of this report will put into effect the higher rate for the period of July 1, 2020 to June 30, 2021. Adoption of Recommendation 3 for the residential apartments dwelling units for the defined area as amended by By-law No. 7727/19 will put into effect the higher rate for the period of July 1, 2020 to December 14, 2020. - 160 - FIN 08-20 June 15, 2020 Subject: Annual Indexing and Development Charges for Page 2 City -Wide and Seaton Lands Attachment 1 provides the DCs by service category for the City-wide area in Pickering excluding the Seaton lands with the new rates reflecting the annual indexing of 2.9 percent. Attachment 2 provides the DCs by service category for the Seaton lands, and the new rates with the indexing of 2.9 percent as well as additional charges applicable to development in Seaton as approved in the Seaton Financial Impacts Agreement (FIA). Attachment 5 provides the DCs by service category for the residential apartments dwelling units for the area defined in Schedule "E" of By-law No. 7727/19 for the remaining period of July 1 to Dec. 14, 2020. Financial Implications: Increasing the development charges based on an increase in the construction price index will assist in keeping the revenues generated in line with current construction costs. The table below provides a comparison of residential development charges for Durham Lakeshore municipalities. Comparison of Durham Lakeshore Municipalities Residential Development Charge Fee Single Detached Dwelling Ajax $26,277 Oshawa 24,629 Whitby 23,868 Clarington 18,148 Pickering (New) 16,994 As the above table indicates, after applying Pickering's proposed rate increase, the City still has the lowest DC rate among its Durham Lakeshore neighbours. Discussion: As provided for in Ontario Reg. 82/98, s.7, and in section 16 of the City's By-law No. 7595/17, as amended by By-law No. 7727/19, the development charges charged by the City for all types of development shall be indexed annually without amending the by-laws. Adoption of the recommendations contained in this report will allow that increase to take effect July 1, 2020, thereby assisting in keeping revenues in line with the costs that development charges fund. Statistics Canada indicates that the non-residential buildings construction price index (an indicator of our costs of construction) for the Toronto area has increased by 2.9 percent for the annual period from April 1, 2019 to March 31, 2020. The change is reflected in the tables attached. - 161 - FIN 08-20 June 15, 2020 Subject: Annual Indexing and Development Charges for Page 3 City -Wide and Seaton Lands The 2017 DC Background Study was completed in December 2017, and further updated by the 2019 DC Update Study. DC By-law No. 7595/17, section 16(1)(ii) provides that commencing on July 1, 2019, the rates in Schedule "C" shall be adjusted annually in accordance with the change in the index for the most recently available annual period ending March 31. Schedule "C" is applicable to the new DCs rates effective on January 1, 2018 as a result of the 2017 DC Background Study, and as amended by the 2019 DC Update Study, effective Dec. 17, 2019. Attachment 4 provides the change in rates in Schedule "C" from Dec. 17, 2019 to July 1, 2020 based on the 2.9 percent indexing. The same by-law, under section 16(1) (iii) provides that the rates in Schedule "D" shall be adjusted on July 1, 2018, July 1, 2019 and July 1, 2020 in accordance with the change in index for the most recently available annual period ending March 31. Schedule "D", as amended by DC By-law No. 7727/19; effective December 17, 2019 is applicable to residential apartments dwelling units for the area defined in Schedule "E" of this same by-law . Attachment 5 provides the change in rates in Schedule "D" from Dec. 17, 2019 to July 1, 2020 based on the 2.9 percent indexing. The implementation of new DCs rates for the defined area of the residential apartment dwellings units was delayed to accommodate the long-term planning and construction cycle associated with the development. Note that DC By-law 7727/19 has amended By-law 7595/17, Schedule "D" to the effective period of January 1, 2018 to December 14, 2020. Continuing from previous years, City staff are including in the DCs annual indexing report, additional charges applicable to development in Seaton lands as approved in the Seaton FIA. Sections 4 - 6 of the FIA outline the DC -related financial terms of the agreement. Note that of all the 3 services collectible based on the Seaton FIA, the "10% Soft Services" is the only service to be indexed. Attachment 3 provides further details on these charges with the 2.9 percent indexing. The Seaton DC rates are lower than the City-wide DC rates to reflect the fact that the Seaton Landowner Group (SLG) is responsible to design, build and pay for the Seaton internal roads network. Upon Council's approval of the recommendations contained in this report, the development charges brochure will be updated to reflect the approved rates. The updated brochure will be posted on the City's website and made available at various counters throughout the Civic Complex. Attachments: 1. City -Wide Development Charges (excludes Seaton Lands) - Effective July 1, 2020 2. Seaton Lands Development Charges and Financial Impacts Agreement (FIA) Charges -Effective July 1, 2020 3. Seaton Lands — Financial Impacts Agreement (FIA) Charges, Section 5.1 4. Schedule "C" — City of Pickering Schedule of Development Charges - 162 - FIN 08-20 June 15, 2020 Subject: Annual Indexing and Development Charges for Page 4 City -Wide and Seaton Lands 5. Schedule "D" — City of Pickering Schedule of Development Charges for Residential Apartments Dwelling Units for the Area defined in Schedule "E" of By- law No. 7727/19 6. Residential Development Charges for the Greater Toronto Area Municipalities as of February 18, 2020 Prepared By: Original Signed By: Caryn Kong, CPA, CGA Senior Financial Analyst — Capital & Debt Management Approved/Endorsed By: Original Signed By: Stan Karwowski, CPA, CMA, MBA Director, Finance & Treasurer Recommended for the consideration of Pickering City Council Original Signed By: Tony Prevedel, P.Eng. Chief Administrative Officer - 163 - Attachment #1 to Report # FIN 08-20 City of Pickering City -Wide Development Charges (Excludes Seaton Lands) Development Charges By-law No. 7595/17, as amended by By-law No. 7797/19 Effective July 1, 2020 to June 30, 2021 1 Does not apply to Seaton Lands. Seaton Lands subject to a separate agreement outside of the Development Charges Act concerning provision of the Transportation requirements in addition to other funding contributions. - 164 - Per Residential Dwelling Unit By Type Non -Residential Charges Service Category Singles or Semi- Detached Apt Dwellings with 2 or more bdrms Apt Dwellings with less than 2 bdrms Other Dwellings Non -Residential per Sq. Ft of Total Floor Area Other Services Related to a Highway Protection Services Parks and Recreation Services Library Services Administration Studies Stormwater Management Transportation 1 $483 983 6,638 1,100 315 316 7,159 $307 621 4,192 695 200 201 4,523 $216 439 2,971 493 141 142 3,203 $391 795 5,358 889 253 255 5,780 $0.17 0.36 0.53 0.07 0.12 0.11 2.02 Total $16,994 $10,739 $7,605 $13,721 $3.38 1 Does not apply to Seaton Lands. Seaton Lands subject to a separate agreement outside of the Development Charges Act concerning provision of the Transportation requirements in addition to other funding contributions. - 164 - Attachment #2 to Report # FIN 08-20 City of Pickering Seaton Lands Development Charges and Financial Impacts Agreement (FIA) Charges Development Charges (DC) By-law No. 7595/17, as amended by By-law No. 7727/19 and FIA Article 5 Effective July 1, 2020 to June 30, 2021 DC By-law No. 7595/17, as amended by By- law No. 7727/19 Per Residential Dwelling Unit By Type Non -Residential Charges Apt Dwellings Apt Dwellings Non -Residential per Prestige Employment Singles or Semi- with 2 or with less than Other Sq. Ft of Total Floor Land in Seaton (per Service Category Detached more bdrms 2 bdrms Dwellings Area 5 Net Hectare) Other Services Related to a Highway $483 $307 $216 $391 $0.17 $5,983 Protection Services 983 621 439 795 0.36 12,647 Parks and Recreation Services 6,638 4,192 2,971 5,358 0.53 17,602 Library Services 1,100 695 493 889 0.07 2,631 Administration Studies 315 200 141 253 0.12 4,035 Stormwater Management 316 201 142 255 0.11 3,846 Transportation 1 0 0 0 0 0.00 0 Total DC By-law No.7595/17 (as amended) $9,835 $6,216 $4,402 $7,941 $1.36 $46,744 Per Sq. Ft of Total SLG FIA Floor Area 10% Soft Services 2 $870 $397 $397 $689 $0.101 $0.101 Non Indexed Municipal Buildings 3 189 86 86 150 n/a n/a Community Uses 4 300 137 137 238 n/a n/a Total SLG FIA $1,359 $620 $620 $1,077 $0.101 $0.101 $46,744/ha & Total Charges -Seaton Lands $11,194 $6,836 $5,022 $9,018 $1.461 $0.101/sq. ft 1 Does not apply to Seaton Lands. Seaton Lands subject to a separate agreement outside of the Development Charges Act concerning provision of the Transportation requirements in addition to other funding contributions. 2 Breakdown by service category is available upon request. Not applicable to lands owned by the Province. For residential development, payment is due at subdivision registration except for mixed-use or multi -use or multi -residential development blocks subject to site plan approval. For all other development, payment is due prior to building permit issuance. Subject to annual indexing. 3 Applicable to the first 11,280 S.D.Es built on SPL Lands, due prior to building permit issuance. No indexing 4 Applicable to the first 11,280 S.D.Es built on SPL Lands to a maximun payment of $3.3 million; due prior to building permit issuance. No indexing 5 Does not apply to prestige employment land in Seaton, as that development is subject to the per net Ha land area charge instead. Applies to non-residential development in the non -prestige employment land in Seaton. Attachment #3 to Report # FIN 08-20 City of Pickering Seaton Lands - Financial Impacts Agreement (FIA) Charges, Section 5.1 Section 5.1: 10% Soft Services Contribution* Effective July 1, 2020 to June 30, 2021 * This contribution is to be indexed with the construction price index prescribed by the DC Act. FIA version (October 28, 2013) subsection 5.1 and 5.2 permits the City to charge an additional DC to compensate for the 10% soft services deduction. The calculation is based on the DC rate multiplied by 11.11°/0 as stated in the FIA agreement subsection 5.2. 1 19.0% of the DC Recoverable share for the Development Related Studies is comprised of costs that are subject to the 10% deduction. - 166 - Per Residential Dwelling Unit By Type ** Non -Residential Charges Apt Prestige Dwellings Non -Residential Employment Land Singles or Semi- with 2 or Apt Dwellings with Other per Sq. Ft of in Seaton (per Sq. Service Category Detached more bdrms less than 2 bdrms Dwellings Total Floor Area Ft) Development -Related Studies 1 $4.64 $2.11 $2.11 $3.67 0.002 0.002 Parks Development & Trails 220.59 100.81 100.81 174.94 0.019 0.019 Indoor Recreation Facilities 460.19 209.73 209.73 364.02 0.038 0.038 Library 110.49 50.49 50.49 87.62 0.009 0.009 Operations Facilities & Vehicles 74.09 33.86 33.86 58.75 0.033 0.033 Total $870.00 $397.00 $397.00 $689.00 0.101 0.101 * This contribution is to be indexed with the construction price index prescribed by the DC Act. FIA version (October 28, 2013) subsection 5.1 and 5.2 permits the City to charge an additional DC to compensate for the 10% soft services deduction. The calculation is based on the DC rate multiplied by 11.11°/0 as stated in the FIA agreement subsection 5.2. 1 19.0% of the DC Recoverable share for the Development Related Studies is comprised of costs that are subject to the 10% deduction. - 166 - Attachment #4 to Report # FIN 08-20 Schedule "C" City of Pickering Schedule of Developement Charges -DC By-law No. 7595/17, as amended by By-law No. 7727/19 Effective December 17, 2019 Effective July 1, 2020 Indexed at 2.9% Per Residential Dwelling Unit By Type $175 Non -Residential Charges $224 $0.04 $1,317 Apt Non- Prestige Apt Dwellings $479 Residential Employment $387 Singles or Dwellings with less per Sq. Ft of Land in Semi- with 2 or than 2 Other Total Floor Seaton (per Service Category Detached more bdrms bdrms Dwellings Area Net Hectare) Other Services Related to a Highwe $470 $298 $210 $380 $0.16 $5,814 Protection Services 955 604 427 772 0.35 12,291 Parks and Recreation Services 6,451 4,074 2,887 5,207 0.51 17,106 Library Services 1,069 676 479 864 0.07 2,557 Administration Studies 306 194 137 246 0.12 3,921 Stormwater Management 307 195 138 248 0.11 3,738 Total Municipal Wide Services $9,558 $6,041 $4,278 $7,717 $1.32 $45,427 Outside of Seaton Lands: Transportation 1 6,957 4,395 3,113 5,617 1.96 0 Total Services Outside of Seaton Lands $6,957 $4,395 $3,113 $5,617 $1.96 $0 Seaton $9,558 $6,041 $4,278 $7,717 $1.32 $45,427 Rest of Pickering -City wide $16,515 $10,436 $7,391 $13,334 $3.28 Effective July 1, 2020 Indexed at 2.9% $ Increase - Seaton Lands Per Residential Dwelling Unit By Type $175 Non -Residential Charges $224 $0.04 $1,317 Apt Non- Prestige Apt Dwellings $479 Residential Employment $387 Singles or Dwellings with less per Sq. Ft of Land in Semi- with 2 or than 2 Other Total Floor Seaton (per Service Category Detached more bdrms bdrms Dwellings Area Net Hectare) Other Services Related to a Highwe $483 $307 $216 $391 $0.17 $5,983 Protection Services 983 621 439 795 0.36 12,647 Parks and Recreation Services 6,638 4,192 2,971 5,358 0.53 17,602 Library Services 1,100 695 493 889 0.07 2,631 Administration Studies 315 200 141 253 0.12 4,035 Stormwater Management 316 201 142 255 0.11 3,846 Total Municipal Wide Services $9,835 $6,216 $4,402 $7,941 $1.36 $46,744 Outside of Seaton Lands: Transportation 1 7,159 4,523 3,203 5,780 2.02 0 Total Services Outside of Seaton Lands $7,159 $4,523 $3,203 $5,780 $2.02 0 Seaton Lands $9,835 $6,216 $4,402 $7,941 $1.36 $46,744 Rest of Pickering -City wide $16,994 $10,739 $7,605 $13,721 $3.38 $ Increase - Seaton Lands $277 $175 $124 $224 $0.04 $1,317 $ Increase - Rest of Pickering - City wide $479 $303 $214 $387 $0.10 N/A Does not apply to Seaton Lands. Seaton Lands subject to a separate agreement outside of the Development Charges Act concerning provision of the Transportation requirements in addition to other funding contributions. - 167 - Schedule "D" City of Pickering Schedule of Development Charges for Residential Apartments Dwelling Units for the Area defined in Schedule "E" of By-law No. 7727/19 Effective Dec. 17, 2019 Attachment #5 to Report # FIN 08-20 DC By-law No. 7595/17, as amended by By-law No. 7727/19 Effective July 1,2020 Indexed at 2.9% Effective July 1 - Dec. 14, 2020 RESI DENTIAL RESI DENTIAL Apt Dwellings with 2 Apt Dwellings with Apt Dwellings with 2 Apt Dwellings with Service Category less than 2 bdrms or more bdrms less than 2 bdrms Other Services Related to a Highway Protection Services $242 $177 Protection Services 2,735 487 357 Parks and Recreation Services 450 2,658 1,950 Library Services Stormwater Management 595 437 Administration Studies $4,417 153 112 Stormwater Management 158 117 Total Municipal Wide Services Total Services Outside of Seaton Lands $4,293 $3,150 Outside of Seaton Lands: $8,091 $5,938 Transportation 1 $ Increase - Rest of Pickering -City wide $228 3,570 2,621 809 $3,570 $2,621 Rest of Pickering -City wide $7,863 $5,771 Effective July 1,2020 Indexed at 2.9% Effective July 1 - Dec. 14, 2020 '• Does not apply to Seaton Lands. Seaton Lands subject to a separate agreement outside of the Development Charges Act concerning provision of the Transportation requirements in addition to other funding contributions. RESI DENTIAL Apt Dwellings with 2 Apt Dwellings with Service Category or more bdrms less than 2 bdrms Other Services Related to a Highway $249 $182 Protection Services 501 367 Parks and Recreation Services 2,735 2,007 Library Services 612 450 Administration Studies 157 115 Stormwater Management 163 120 Total Municipal Wide Services $4,417 $3,241 Outside of Seaton Lands: Transportation 1 3,674 2,697 Total Services Outside of Seaton Lands $3,674 $2,697 Rest of Pickering -City wide $8,091 $5,938 $ Increase - Rest of Pickering -City wide $228 $167 '• Does not apply to Seaton Lands. Seaton Lands subject to a separate agreement outside of the Development Charges Act concerning provision of the Transportation requirements in addition to other funding contributions. Attachment #6 to Report # FIN08-20 $140,000 $120,000 $100,000 $80,000 d $60,000 $40,000 $20,000 Residential Development Charges Per Single Detached Dwelling for Greater Toronto Area Municipalities as of February 18, 2020 ■Upperil er ®Lower/SingleTer EE&ucation i 1 J fffffffi ��cV Hca a,�c�44.6 4,cP etipe s e 00. a�pY xe,t,p�` �Lr�� 2�) s� g1�0� Lry411s`G41 Q7' ae{° f`C+F� e �,oc`� y`0m� '�4 �e �$ot` �`ae> \a6e `6gl 5�' �' Py `cp1 �a r GA' „,46 E" o�°F *da P S�oa Dnp cP 5 �� c �� rib` �ti� o eco` \\* �a t� 5+°` e _ 4,t {" 0% egg< ot. BB= Built Boundary & GF -Greenfield. 1. A component of the charge has been converted from a per hectare charge to a hypothetical single detached unit 2. Upper tier charges reflect proposed 2020 charges, - 169 - Cfy �t DICKERING Report to Executive Committee Report Number: PLN 09-20 Date: June 15, 2020 From: Kyle Bentley Director, City Development & CBO Subject: Local Enhancement and Appreciation of Forests (LEAF) Organization's Tree Planting Program File: D-7300 Recommendation: 1. That Report PLN 09-20 of the Director, City Development & CBO, on the implementation of the Local Enhancement and Appreciation of Forests (LEAF) Organization's Tree Planting Program, be endorsed; 2. That the Deputy Mayor and City Clerk be authorized to execute the joint agreement between the Region of Durham, the Local Enhancement and Appreciation of Forests (LEAF) organization and participating municipalities, set out in Appendix! of this report, subject to minor revisions, to deliver the tree planting program in 2020 with terms and conditions satisfactory to Corporate Services and Finance from a legal services and insurance perspective; 3. That the appropriate City staff be directed take the necessary actions as indicated in this report; and 4. That staff be directed to report back with a summary of the results, and if successful, consider continuing the program in subsequent years pending budget approval. Executive Summary: Local Enhancement and Appreciation of Forests (LEAF) is a non-profit organization, dedicated to the protection and enhancement of the urban forest. They offer programs that help subsidize residents' planting and caring for trees. The program has been successfully delivered in a number of municipalities in the Greater Toronto Area, and more locally in the Town of Ajax. Municipalities across Durham Region, including the City of Pickering, Town of Whitby, City of Oshawa and the Township of Scugog, are proposing to pilot the LEAF Tree Planting Program in 2020, evaluate the results, and if successful, offer the program in subsequent years pending budget approval. To date, the Councils in Whitby, Oshawa and the Region of Durham have approved their respective corporations to enter into the joint agreement with LEAF. The Town of Ajax has offered the LEAF program to their residents since 2015 and will continue into 2020 at a reduced level (their contribution is listed in Table 1), however, they have entered into their own agreement. - 170 - PLN 09-20 June 15, 2020 Subject: LEAF Tree Planting Program Page 2 LEAF's Tree Planting Program offers residents a convenient, accessible and affordable way to obtain new trees and shrubs for their yard. Through the LEAF program, homeowners purchase native species that will help to both beautify their yards and enhance the City's overall urban tree canopy coverage. The cost for program participants is subsidized to reduce barriers to participation. Multi -unit residential buildings and businesses with adequate planting space may also participate in the program, although the majority of participants tend to be homeowners. Program delivery will comply with current COVID-19 regulations and recommendations. As such, LEAF can accept applications in the summer. In-person consultations will be modified to comply with physical distancing and planting will occur in the fall of 2020. The goal for the first year of this program is to work with 40 Pickering families to plant a minimum of 40 large -growing native trees in the City (158 across the participating municipalities) and engage with property owners to raise awareness of the benefits of tree planting and maintenance. The program has been successfully delivered in Toronto, Vaughan, Richmond Hill, Aurora, Newmarket, East Gwillimbury, Whitchurch-Stouffville, Georgina, King, Markham and Ajax. The partnership Agreement set out in Appendix I of this Report was reviewed and amended by staff in City Development, Legal Services, and Finance from an insurance coverage perspective. It is recommended Council authorize the Deputy Mayor and City Clerk to enter into this partnership agreement. Financial Implications: $15,000.00 for the LEAF Tree Planting program was included under Consulting and Professional account 2620.2392.0000 of the approved 2020 City of Pickering Current Budget. No additional financial resources will be required for this year. Pickering, Whitby and Oshawa are each investing $15,000.00 and Scugog is contributing $3,000.00 for a lower participation level. The Region of Durham staff identified $80,000 in their 2020 budget to offset the balance of the cost. Discussion The City of Pickering leads and undertakes a number of planting and tree maintenance programs, mainly focused on public lands, including boulevards, ravines, greenspaces and parks. Although trees on public lands are valuable to the City's overall tree canopy, plantings on private property represent the greatest proportion of plantable area across the City. These targeted plantings offer the following benefits to municipalities and residents: • enhancement of the urban forest • owner participation in sustainability initiatives • increased property value and aesthetics • energy savings and comfort from shade • improved privacy and reduced ambient noise • carbon sequestration • habitat enhancement • reduction in stormwater run-off • urban heat island attenuation - 171 - PLN 09-20 June 15, 2020 Subject: LEAF Tree Planting Program Page 3 City of Pickering staff have been in discussions with the Region of Durham, Whitby, Oshawa, Ajax and Township of Scugog to offer a subsidized public outreach and backyard tree planting program. The program will be operated by Local Enhancement and Appreciation of Forests (LEAF) on behalf of participating municipalities. LEAF is a non-profit organization dedicated to the protection and enhancement of the urban forest. They have been working with many municipalities across the Greater Toronto Area since the early 2000s. LEAF is uniquely positioned to deliver this program across Durham Region and has demonstrated a positive track -record for meeting program objectives with a high tree survival rate after a 10 -year period. The program has already been offered in the Town of Ajax since 2015. This new collaboration extends the opportunity to Pickering and other Durham Region residents. Staff would like to pilot the program in 2020, evaluate the results, and if successful recommend its continuation subject to future budget approval. The Tree Planting Program complements the City of Pickering's sustainability and community planting efforts, represents an effective local measure to address the 2019 climate change emergency declaration, and aligns with actions outlined in the Durham Community Climate Change Local Action Plan that was endorsed by Pickering Council. The program also supports the goals outlined in the Pickering Official Plan Policy 10.15 regarding urban forests and their importance to maintaining a healthy ecosystem, managing stormwater, providing wildlife habitat and community aesthetics, reducing the urban heat island effect and improving air quality. Tree Planting Program Details Through LEAF's Tree Planting Program applicants will receive the following: 1. Online pre -visit questionnaire to ensure that the property owner qualifies for the program, has adequate space to plant and is committed to long term tree care. 2. On-site consultation with a LEAF arborist to determine appropriate species and planting location. 3. Full delivery and planting by LEAF professionals in the fall. 4. Follow-up questionnaire to assess participant satisfaction and/or follow-up visit to assess tree health. The partnership with LEAF will provide residents the opportunity to add native trees or shrubs to their property at a discounted rate. The program removes barriers to successful tree planting often experienced by homeowners such as time, physical ability, knowledge, transportation and cost. The homeowner's financial contribution helps to ensure a vested interest. The program also facilitates residents selecting tree species that are best suited for their property, which often improves survivability. The goal for the first year of this program is to plant a minimum of 40 large growing trees in Pickering and educate property owners on the benefits of tree planting and proper care. For sites that cannot accommodate a tree, native shrubs are available at a reduced cost. If interest is greater than availability, LEAF will consult with the respective property owners. Pending program review and approval those residents would be contacted first for participation the following spring. The program does not plant on public land. - 172 - PLN 09-20 June 15, 2020 Subject: LEAF Tree Planting Program Page 4 The program focuses on education, providing property owners with the necessary guidance and support to ensure that the trees not only survive but thrive. LEAF works with each property owner to consider the specific site conditions, such as sunlight, soil quality, ability to do maintenance and distance to property lines and infrastructure. This helps ensure the establishment of large -growing native trees, whose dense canopies can provide maximum environmental benefits. LEAF strives to offer as much locally sourced material as possible. Doing so enables them to provide genetically appropriate stock, which makes for more resilient trees able to withstand the harsh conditions of urban environments. Once the tree is planted, the homeowner will receive tips and resources through a seasonal electronic newsletter and follow up tree care advice by phone and email. LEAF provides extensive metrics and reporting back to each municipality for staff to evaluate success and satisfaction of property owners. Program Promotion LEAF provides a number of pre -developed communication and marketing materials for the City to use to promote the backyard tree planting program such as pre -developed brochures, social media posts and graphics based on our specifications for the community page ad, leisure guide, family calendar and electronic message boards. City staff prepared a draft communication plan in consultation with Corporate Communications to ensure consistent messaging. Contributions from the City of Pickering, Region of Durham, and other participating municipalities will be recognized on all promotional materials for the program. Funding City of Pickering's contribution is leveraging additional funding from the Region of Durham, local area municipalities, and property owners, for a total 2020 program budget of over $170,000.00. The City of Pickering will be invoiced for its contribution by the Region of Durham. Table 1 Total LEAF Program Contributions and Tree Planting Targets Partner Funding Tree Target Pickering $15,000.00 40 Whitby 15,000.00 40 Oshawa 15,000.00 40 Ajax 11,000.00 30 Scugog 3,000.00 8 Durham Region 80,000.00 N/A — program grant — fixed program costs, planning, staffing, marketing, educational materials, tracking, reporting, admin, insurance, WSIB, etc. Private property owners (*$220 per tree/ -158 trees) 34,760.00 158 Total $173,760.00 *average cost of a tree. The actual total program value will be determined by the number of trees planted and species selected. - 173 - PLN 09-20 June 15, 2020 Subject: LEAF Tree Planting Program Page 5 As part of the 2021 budget process, this funding allocation will be reviewed as part of a detailed program evaluation to determine the merit of continued program delivery and future contributions by the City of Pickering, Region of Durham and local area municipal partners. Appendix Appendix I Durham Local Enhancement and Appreciation of Forests (LEAF) Organization's Program Agreement 2020 Prepared By: Original Signed By Approved/Endorsed By: Original Signed By Chantal Whitaker, BESc (Hons), CSR -P Kyle Bentley, P. Eng. Supervisor, Sustainability CW:Id Director, City Development & CBO Recommended for the consideration of Pickering City Council Original Signed By Tony Prevedel, P.Eng. Chief Administrative Officer - 174 - Appendix I to Report PLN 09-20 Durham Local Enhancement and Appreciation of Forests (LEAF) Organization's Program Agreement 2020 - 175 - LEAF BACKYARD TREE PLANTING PROGRAM AGREEMENT Effective the 1st day of July, 2020 BETWEEN: Local Enhancement and Appreciation of Forests ("LEAF") LEAF is a corporation without share capital, incorporated under the Ontario Corporations Act AND The Regional Municipality of Durham The Corporation of the City of Oshawa The Corporation of the City of Pickering The Corporation of the Town of Whitby The Corporation of the Township of Scugog (with the foregoing collectively referred to as the "Municipal Partners") RECITALS A. WHEREAS the Municipal Partners each have a mandate that includes the stewardship and environmental enhancement on private land through tree planting; B. AND WHEREAS the Municipal Partners wish to work cooperatively with LEAF in programs which assist in the fulfillment of their mandates; C. AND WHEREAS the parties have a mutual interest in private land stewardship and tree planting; D. AND WHEREAS LEAF offers a program which supports the various climate change and urban forest strategies of the Municipal Partners; E. AND WHEREAS the Municipal Partners approved a grant totaling $128,000 so LEAF can offer the Backyard Tree Planting Program (the "Program") to residents in an effort to increase urban tree planting. NOW THEREFORE, for good consideration as provided for in this Agreement, the parties hereby agree as follows: - 176 - Section 1: THE VISION la) LEAF and the Municipal Partners agree to cooperate in the implementation of the Program, and to undertake the following activities: I. To promote the Program to property owners through all available channels; II. To raise awareness of the environmental, social and economic benefits of the urban forest and canopy cover; and, III. To facilitate the planting of trees and shrubs on private property. Section 2: TERM OF AGREEMENT 2a) This Agreement shall commence on July 1, 2020 and terminate on June 30, 2021 (the "Term"). The parties may extend the Term of the Agreement at any time, by mutual agreement. Section 3: RESPECTIVE ROLES OF LEAF AND PARTNERS 3a) LEAF covenants and agrees to do the following: I. Recognize the Municipal Partners' support of the Program through any promotional material produced by LEAF as approved by the respective Municipal Partner; II. Use the funding provided by the Municipal Partners to support the Program's activities within the boundaries of the Region of Durham during the Term of this Agreement; III. Administer the Program by reviewing candidate properties for eligibility, ensuring property owners understand they own and are responsible for care of the trees, obtaining waivers of liability from each private property owner to protect LEAF and the Municipal Partners and by arranging and implementing planting on private property accordingly;; IV. Sell trees and shrubs, as well as related consultation and delivery/planting services through the Program to Region of Durham property owners at a subsidized price; V. Monitor the success of the Program and implement contingencies and/or modify plans accordingly; and, VI. Track and report to the Municipal Partners on the number of Program participants and trees/shrubs planted. 3b) The Municipal Partners covenant and agree to do the following: I. To support the Program by providing the financial contributions set out in this Agreement; and, - 177 - II. To offer Program feedback and work collaboratively with LEAF to ensure Program success. Section 4: 2020 DELIVERABLES 4a) LEAF agrees to achieve, at a minimum, the following deliverables during the Term of this Agreement: plant at least 128 trees (3 shrubs equals 1 tree) according to the distribution set out in Section 6a); II. reach at least 500 residents through outreach/educational activities; III. provide recognition for the Municipal Partners' support on LEAF's website, print materials and through social media as approved by the respective Municipal Partner; and, IV. provide promotional content for the Municipal Partners' use, as approved by the respective Municipal Partner, including website content, brochures, posters, advertisements and social media content. Section 5: ADMINISTRATION AND REPORTING 5a) LEAF and the Municipal Partners shall each appoint one representative who shall be responsible for the management and administration of the terms of this Agreement. 5b) The parties shall meet at least once during the Term of this Agreement for the purpose of discussing the status of the Program. 5c) LEAF covenants and agrees to provide a Summary Report to the Municipal Partners by December 15, 2020 which will include the following information: I. List of addresses where trees/shrubs have been planted, including numbers and species (conditional on property owner permission); II. Summary of total annual plantings, including total number of trees and shrubs planted; and, III. Summary of promotional/outreach activities. 5c) The parties agree to communicate regularly and provide updates on the status of the Program from time to time, as each party may require. Section 6: FUNDING AND TARGETS 6a) The Municipal Partners covenant and agree to the following payment schedule and LEAF agrees to complete the following tree targets during the Term of this Agreement: - 178 - Partner Funding Pay to Pickering $15,000 Durham Region Payment Tree Target Deadline July 15 Whitby $15,000 Durham Region July 15 Oshawa $15,000 Durham Region July 15 Scugog $3000 Durham Region $128,000 Durham Region LEAF July 15 40 40 40 8 Aug 1 Total Trees 128 6b) LEAF covenants and agrees to administer the $128,000 provided by the Municipal Partners in support of the Program (the "Grant") as follows: 10% of funds allocated to Program administration; and, II. 90% of funds allocated for the cost of promoting and delivering the Program and related education/communication activities. Section 7: OWNERSHIP AND MAINTENANCE OF TREES 7a) The trees planted in connection with this Program are owned by the private property owner. The Municipal Partners do not have any ownership or jurisdiction over the trees at any time. 7b) Any maintenance of the trees is the responsibility of the private property owner. Section 8: INDEMNITY AND INSURANCE 8a) LEAF shall defend, indemnify and save harmless the Municipal Partners and its elected officials, officers, employees and agents from and against all claims of any nature, actions, causes of action, losses, expenses, fines, costs, interest or damages of every nature and kind whatsoever, arising out of or allegedly attributable to the negligent acts, errors, omissions, misfeasance, nonfeasance, fraud or willful misconduct of LEAF, its directors, officers, employees, agents, contractors and subcontractors, or any of them, in connection with or in any way related to the delivery or performance of this Agreement. This indemnity shall be in addition to and not in lieu of any insurance to be provided by the LEAF in accordance with this Agreement, and shall survive this Agreement. 8b) LEAF shall continuously maintain throughout the Term of the Agreement and pay for Commercial General Liability insurance including personal injury, broad form contractual liability, owners and contractors protective, completed operations, and non -owned automotive liability in an amount of not less than two million dollars ($2,000,000.00) applying to all contracts for claims arising out of one occurrence. The Commercial General Liability policy shall include the Municipal Partners as additional insureds in respect of all operations performed by or on behalf of LEAF in relation to the Agreement requirements and be endorsed to provide the Municipal Partners with not less than thirty (30) days written notice in advance of any cancellation, change or amendment restricting coverage. LEAF shall provide an updated Certificate of Insurance on the Region's standard form, or on a form acceptable to the Region of Durham and - 179 - the Municipal Partners. Section 9: DEFAULT, TERMINATION AND REPAYMENT: 9a) If any of the following events occur, all of the Municipal Partners acting unanimously shall be entitled to immediately terminate this Agreement upon written notice to LEAF, and request the repayment of unspent funds associated with the Grant: I. LEAF breaches any of the terms and conditions of this Agreement; II. LEAF ceases operating, ceases to operate as a non-profit organization, winds up or dissolves, commences or has commenced against it any proceedings in bankruptcy, or is adjudged a bankrupt; or, III. LEAF uses the Grant for a purpose not approved by this Agreement Section 10: GENERAL 10a) This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 10b) Any notice, demand or acceptance required to be given hereunder in writing, shall be deemed to be given if either personally delivered, emailed, or mailed by registered mail, postage prepaid, (at any time other than during a general discontinuance of postal services due to a strike, lockout, or otherwise) and addressed to the parties as follows, or such change of address as the parties have by written notification forwarded to each other: LEAF Artscape Wychwood Barns 601 Christie St, Suite 253 Toronto, ON M6G 4C7 Janet McKay, Executive Director 416-413-9244 1 1-888-453-6504 Lanet@yourleaf.org The Regional Municipality of Durham 605 Rossland Rd. E. Whitby, ON L1N 6A3 Ian McVey, Manager of Sustainability Office of the Regional Chair & CAO 905-668-7711 ext. 3803 Ian.McVey@durham.ca - 180 - The Corporation of the City of Oshawa 199 Wentworth St. E., Oshawa, ON L1H 3V6 Michelle Whitbread, Parks and Environmental Services Coordinator 905-436-3311 Ext. 2811 1 1-800-667-4292 mwhitbread@oshawa.ca The Corporation of the City of Pickering One The Esplanade Pickering, ON L1V 6K7 Chantal Whitaker Supervisor, Sustainability, City Development 905-420-4660 ext. 2170 1 1-866-683-2760 cwhitaker@pickering.ca The Corporation of the Town of Whitby 575 Rossland Road East Whitby, ON L1N 2M8 Jade Schofield Project Manager- Sustainability & Climate Change Strategic Initiatives- Office of the CAO 905-444-3167 schofieldj©whitby.ca Chris Harris Town Clerk 905-668-5803 clerk@whitby.ca The Corporation of the Township of Scugog 181 Perry Street P.O. Box 780 Port Perry, ON L9L 1A7 Cameron Murphy Public Works Technologist 905-985-7346 x150 cmurphy(@,scugoq.ca The duly authorized representatives of LEAF and the Municipal Partners, having authority to bind their respective organizations and having read and understood the terms and conditions of this Agreement, agree to the terms and conditions and execute this Agreement as of the date first written above. LOCAL ENHANCEMENT AND APPRECIATION OF FORESTS Name: Title: - 181 - Janet McKay Execut Signature: Date: May 19, 2020 - 182 - THE REGIONAL MUNICIPALITY OF DURHAM Name: Title: Signature: Date: THE CORPORATION OF THE CITY OF OSHAWA Name: Title: Signature: Date: THE CORPORATION OF THE CITY OF PICKERING Name: Title: Signature: Date: - 183 - THE CORPORATION OF THE TOWN OF WHITBY Name: Matthew Gaskell Title: Chief Administrative Officer Signature: Date: Name: Kenneth R. Nix Title: Commissioner of Corporate Services / Treasurer Signature: Date: THE CORPORATION OF THE TOWNSHIP OF SCUGOG Name: Title: Signature: Date: - 184 -