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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