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HomeMy WebLinkAboutBy-law 2681/88 CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2681 /88 Being a by-law to authorize the execution of an Agreement to Lease the Pickering Recreation Complex Lobby Pro Shop to S.H.C. Sports Ltd. from March 1, 1988 to February 28, 1991. WHEREAS pursuant to the provisions of Section 193 of the Municipal Act, RoS.O. 1980, chapter 302, the Council of the municipal corporation may by by-law, ]ease premises owned by it; NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute an agreement between The Corporation of the Town of Picketing and S.H.C. Sports Ltd., for the leasing of the Picketing Recreation Complex Lobby Pro Shop from March 1, 1988 to February 28, 1991. BY-LAW read a first, second and third time and finally passed this 15th day of February, 1988.  5 hn E. ~]ergon, Mayor rui:e Taylor, TOWN OF PICKERII',IG PPROVED Lr~GAL DEPT. THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2681 /88 Being a by-law to authorize the execution of an Agreement to Lease the Pickering Recreation Complex Lobby Pro Shop to S.H.C. Sports Ltd. from March 1, 1988 to February 28, 1991. WHEREAS pursuant to the provisions of Section 193 of the Municipal Act, R.S.O. 1980, chapter 302, the Council of the municipal corporation may by by-law, lease premises owned by it; NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute an agreement between The Corporation of the Town of Pickering and S.H.C. Sports Ltd., for the leasing of the Picketing Recreation Complex Lobby Pro Shop from March 1, 1988 to February 28, 1991. BY-LAW read a first, second and third time and finally passed this 15th day of February, 1988. /Bru~e Taylor, TOWN OF ! PiCKERI, NG i APPROVED '! LEGAL DEPt.. ~ SCHEDULE A THIS AGREEMENT made as of February 29, 1988. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Lessor" OF THE FIRST PART, S.H.C. SPORTS LTD. hereinafter called the "Lessee" OF THE SECOND PART. WITNESSETH THAT in consideration of the rents, covenants and agreements hereinaf- ter reserved and contained on the part of the Lessee, the Lessor leases to the Lessee, a certain facility (the "Facility"), outlined on the sketch attached hereto and marked as Schedule "A", located in the Town of Picketing Recreation Complex ("the Complex") Lobby, at 1867 Valley Farm Road in the Town of Picketing, in the Region of Durham, together with all rights of ingress and egress required for the use of the Facility for the purposes of a Pro Shop, For a period of three years commencing on March 1, 1988 and expiring on February 28, 1991, unless earlier terminated; At an annual rent of $4,800.00 payable at the rate of $400.00 per month in advance commencing on March 1, 1988, and continuing monthly during the term of this Lease. THE LESSEE covenants with the Lessor to pay rent and the Lessor covenants with the Lessee for quiet enjoyment provided that the Lessor may re-enter on non-payment of rent or non-performance of any covenant. TIlE LESSOR and ~he Lessee hereby further covenant and agree as follows: 1. (1) The Facility referred to above shall be used for and occupied only for the purp{ose of operating a Pro Shop, and the Lessee shall not use or permit the Facility to be used for any other purpose or purposes. (2) In the operation of the Pro Shop, the Lessee shall supply, rent or sell only items or services relating to racquet sports, aquatics, combative sports and weight or exercise training, and no others. (3) The Lessee shall not rent, lease or loan, from the Pro Shop, any items for use within the Complex unless such items have first been approved in writing by the Town's Director of Parks and Recreation for use within the Complex. 2. (1) The Lessee shall operate the Facility as a Pro Shop for the full term of this Lease. (2) The L~-~.~ee shall keep the Pro Shop open to the public every day during the te*'~ hereof, between, (a) 9:30 a.m. and 11:50 a.m., Monday through Friday, (b) 6:00 p.m. and 9:00 p.m., Monday through Friday, (c) 9:00 a.m. and 4:00 p.m., Saturday, and (d) 1:30 p.m. and 3:30 p.m,, Sunday, subject to variation for summer season, holidays and other reasons, provided that any such variation has the prior written approval of the Town's Director of Parks and Recreation. (3) Despite the provisions of subsection (2), above, (a) in no event shall the Pro Shop be open before 7:00 a.m., or after 11:00 p.m., on any day during the term hereof, and (b) the Lessee may close the pro shop, at its discretion, during the months of July and August during the term hereof. (4) The amount and payment due dates of rent payable shall not be affected by any closure of the Pro Shop under subsection (3), above, except for a closure for the complete calendar month of July, 1988 or August, 1988, or both, in which case no rent shall be payable for that month or months, as the case may be. 3. (1) The Lessee shall, at its expense, provide telephone service to the Facility and all equipment required for the operation of the Pro Shop. (2) The Lessor shall, at its expense, provide heat, light, electricity and air conditioning to the Facility. (3) The Lessee shall pay all realty, business and other taxes levied from time to time against the Complex, the Facility or the Lessee as a result of, or in any way relating to, the Lessee's use of the Facility as a Pro Shop. 4. The Lessee shall comply with all reasonable standards set by the Director of Parks and Recration for the operation and maintenance of the Pro Shop in keeping with the standards set for the operation and maintenance of the Com- plex as a whole. 5. The Lessee shall be solely responsible for the Facility and the maintenance thereof, and for all persons and property at any time therein; the Lessor shall not be liable for any loss, damage or injury, including loss of life, however occurring, un]ess caused or contributed to by the neglect or the default of the Lessor. 6. The Lessee shall, at its 'expense, arrange and maintain $1,000,000 of general liability insurance indemnifying the Town from and against all claims, demands, loss, costs, damages, actions, suits or other proceedings by whomsoever made, sustained, brought or prosecuted in any manner based upon, occasioned by or attributable to anything done or omitted to be done by the Lessee in its use and maintenance of the Facility. 7. (1) The Lessor and the Lessee acknowledge that the Lessor has leased to a third party another facility within the Complex for use as a pro shop but subject to certain restrictions, namely, that that pro shop shall provide a skate sharpening service and shall supply, rent or sell only items and services relating to ice hockey, skating, figure skating and ringette, and no others. (2) The Lessor shall not knowingly permit any person, other than the Lessor and the Lessee, to supply, rent or sell, within the Complex, items or services relating to racquet sports, aquatics, combative sports and weight or exercise training. (5) The Lessor~s obligations under subsection (2) are limited to taking what- ever action it deems necessary to investigate and stop the unauthorized supply, rent or sale of the items and services referred to therein upon receipt by the Lessor of written notification from the Lessee of such unauthorized supply, rent or sale. (4) The Lessor sh~l.! restrict its reserved rights to supply, rent or sell, within the Complex, the items and services referred to in subsection (2) to those items and services, (al not stocked at the Lessee~s Pro Shop, .(b) not available from the Lessee~s Pro Shop, or (C) relating to a specific promotion of the Lessor. 8. (1) The Lessee may terminate this Lease at any time prior to its expiry upon ninety days notice in writing to the Lessor. (2) The Lessor may terminate this Lease prior to its expiry only if the Lessee is in breach of a provision of this Lease, notice of which has been given to the Lessee by the Lessor and rectification of which has not occurred within sixty days (ten days in the case of a breach of Section 6) of the giving of the notice. 9. Upon termination or expiry of this Lease, the Lessee shall be free to arrange for the sale of equipment, shelving and supplies, to any new lessee; in the event that no such arrangements are made within 10 days before such termin- ation or expiry, the Lessee shall forthwith remove its equipment, shelving and supplies without causing any inconvenience to the Lessor and without causing any damage to the Complex building. 10. During the month of November, 1990, the Lessee may apply to the Lessor for a renewal of this Lease for the period March 1, 1991 to February 28, 1994, inclusive, upon such terms and conditions as may be agreed upon, and the Lessor, at its sole option, may grant or refuse to grant such renewal. 11. (1) Any notice or application required to be given or made hereunder shall be given or made in writing and sent by prepaid first class mail or delivered to: the Lessor at: (before July 1, 1989) 1710 Kingston Road Picketing, Ontario LiV 1C7 Attention: Town Clerk (on and after July 1, 1989) 1 The Esplanade Pickering, Ontario Attention: Town Clerk and the Lessee at: 19 Garfella Drive Rexdale, Ontario Mgv 2Gl Attention: Nell Dempsey Every notice or application given or made in accordance herewith shall be deemed to have been given or made on the day after it is mailed or persona, lly delivered. (2) This Agreement shall enure to and be binding upon the Parties hereto and is not assignable by either Party to any other person, including a corporation. IN WITNESS WHEREOF the Parties hereto have hereunto affixed their corporate seals, attested to by their duly authorized officers. SIGNED, SEALED & DELIVERED T~PO~/ON OF THE TOWN OF PICKERING Br ari ~E. A~nde~ofi, l~ayor uce Taylor, Clerk S.H.C. SPORTS LTD. - 4 - SCHEDULE A PICKERING RECREATION cOMPLEX 1867 Valley Farm Road Picketing Ontarlo banquet hall Facility (pro shop)