HomeMy WebLinkAboutBy-law 3086/89 THE CORPORATION OF TIlE TOWN OF PICKERING
BY-LAW NO. 3086/89
Being a by-law to authorize the execution of an
Agreement with Pickering Hockey Association for
the operation of Arena Pro Shops at the Don Beer
Sport Arena and the Recreation Complex Arena,
November, 1988 to April 30, 1991.
WHEREAS pursuant to the Community Recreation Centres Act, R.S.O. 1980, chapter
80, section 2, the Council of The Corporation of the Town of Pickering enacted on
February 1, 1988, By-law 2662/88, establishing certain facilities including the Don
Beer Sports Arena and the Town of Pickering Recreation Complex, as Community
Recreation Centres to be operated by the Town in accordance with that Act; and
WHEREAS pursuant to the Municipal Act, R.S.O. 1980, chapter 302, section 208.57,
the Council of The Corporation of the Town of Pickering, may enact a by-law for,
inter alia, operating places of recreation and arenas;
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 Picketing Hockey
Association Incorporated, pursuant to which Pickering Hockey Association
Incorporated will operate arena pro shops in the Don Beer Sports Arena
and the Recreation Complex Arena from November, 1988 to April 1991.
BY-LAW read a first, second and third time and finally passed this 3rd day of April,
1989.
TOWN OF
PtCKER'ING
APPROVED
LEGAL DEPt.
Schedule A
THIS AGREEMENT made t~s 15th day of September, 1958.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
herein called the "Town",
OF THE FIRST PART,
and
PICKERING HOCKEY ASSOCIATION INCORPORATED
herein called "PHA"
OF THE SECOND PART,
In consideration of the terms, covenants and conditions set out herein, the Town and
PHA agree as follows:
1. In this Agreement, the term,
(a) "ArEna Pro Shop" means a facility for the supply, rent or sale of items
and services relating to ice hockey, skating, figure skating and ringette;
(b) "Director" means the Town*s Director of Parks and Recreation or any
deputy thereof;
(c) "Don Beer Sports Arena" means the Town-owned two-~ad ice arena locat-
ed at 940 Dillingham Road, Picketing;
(d) "Recreation Complex Arena" means the ice arena portion of the
Town-owned recreation complex located at 1867 Valley Farm Road, Picker-
ing.
2. The Town hereby grants to PHA the right to operate an Arena Pro Shop at
each of the Don Beer Sports Arena and the Recreation Complex Arena in space
allocated from time to time for that purpose by the Director during the following
periods:
(a) November 1, 1988 to April 30, 1989, both inclusive,
ih) September 1, 1989 to April 30, 1990, both inclusive, and
(c) September 1, 1990 to April 30, 1991, both inclusive,
herein collectively called the aterm" of this Agreement.
3. (1) PHA shall operate both Arena Pro Shops during the full term hereof,
keeping them open to the public every day therein, between,
(a) 6:00 p.m. and 10:00 p.m,, local time, Monday through Friday,
and
(b) 8:00 a.m. and 9:00 p.m., local time, Saturday and Sunday,
subject to alteration for holidays or other reasons only with the prior
written approval of the Director.
(2) Despite the provisions of subsection (1), in no event shall either Arena
Pro Shop be open before 7:00 a.m. or after 11:00 p.m., local time, on
any day.
4. (1) PHA shall supply all equipment required for the operation of the Arena
Pro Shops at its own expense.
(2) The Town shall provide electrical power for the operation of the Arena
Pro Shops at its own expense.
(3) PHA shall pay all realty, business or other taxes or rates that may be
levied against the lands upon which the Don Beer Sports Arena or the
Recreation Complex Arena are located, against the Arena Pro Shops or
against PHA as a result of its operation of the Arena Pro Shops.
5. PHA shall comply with sll reasonable standards set by the Director for the
operation and maintenance of each Arena Pro Shop in keeping with the stan-
dards set for the operation and maintenance of the facility in which it is locat-
ed.
6. PHA shall be solely responsible for each Arena Pro Shop and the maintenance
thereof, and for all persons and property at any time therein; the Town shall
not be liable for any loss, damage and injury, including loss of life, however
occurring, unless caused or contributed to by the neglect or the default of the
Town.
7. PHA 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 PHA in its operation of
either Arena Pro Shop.
8. For the right granted to it herein, PHA shall pay to the Town the sum of
$11,000, payable in equal monthly instalments of $500 on the lst of each of
November 1988 to March 1989; both inclusive; September 1989 to March 1990,
both inclusive; and September 1990 to March 1991, both inclusive, or as other-
wise may he satisfactory to the Director.
9. (1) This Agreement shall expire at 11:00 p.m., local time, on April 30, 1991.
(2) Either PHA or the Town may terminate this Agreement prior to its expiry
by giving 90 days written notice to the other.
(3) Upon expiry or earlier termination of this Agreement, PHA shall cease the
operation of both Arena Pro Shops and forthwith remove its equipment,
shelving and supplies without causing any inconvenience to the Town and
without causing any damage to the Don Beer Sports Arena or the Recre-
ation Complex Arena.
10. (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 Town at: (before October 15, 1989)
1710 Kingston Road
Picketing, Ontario
LiV 1C7
Attention: Director of Parks and Recreation
(on or after October 15, 1989)
One The Esplanade
Picketing, Ontario
LIV 6K7
Attention: Director of Parks and Recreation
PHA Box 247
Picketing, Ontario
Attention: The President
Every notice or application given or made in accordance herewith shall be
deemed to have been given or made on the second day after it is mailed
or personally 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 an
unincorporated association.
IN WITNESS WHEREOF the Town and PHA have hereunto affixed their corporate seals,
attested to by their duly authorized officers.
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Wayn'e Arthurs, Mayor
Bruce Taylor, Clerk
PICKERING HOCKEY
ASSOCIATION INCORPORATED