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Home My WebLink AboutCS 16-23 Report to Executive Committee Report Number: CS 16-23 Date: June 5, 2023 From: Sarah Douglas-Murray Director, Community Services Subject: Community Association Lease Agreements -Tennis Clubs -File: A-1440-001 Recommendation: 1. That the Mayor and City Clerk be authorized to execute the Lease Agreement with Amberlea Tennis Club set out in Attachment 1 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; 2. That the Mayor and City Clerk be authorized to execute the Lease Agreement with Dunmoore Tennis Club set out in Attachment 2 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; 3. That the Mayor and City Clerk be authorized to execute the Lease Agreement with Glendale Tennis Club set out in Attachment 3 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; 4. That the Mayor and City Clerk be authorized to execute the Lease Agreement with Rosebank Tennis Club set out in Attachment 4 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; 5. That the Mayor and City Clerk be authorized to execute the Lease Agreement with Maple Ridge Tennis Club set out in Attachment 5 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; 6. That the Mayor and City Clerk be authorized to execute the Lease Agreement with Sandy Beach Tennis Club set out in Attachment 6 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; and 7. That the appropriate City officials be authorized to take the necessary actions as indicated in this report. CS 16-23 June 5, 2023 Subject: Community Association Lease Agreements – Tennis Clubs Page 2 Executive Summary: On April 22, 2014, Council approved Resolution #224/14 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, staff have prepared five-year lease agreements with Amberlea Tennis Club for their exclusive use of the two tennis courts, practice area and a storage facility at Shadybrook Park; Dunmoore Tennis Club for their exclusive use of the four tennis courts, practice area and a storage room within the washroom facility at Dunmoore Park; Glendale Tennis Club for their exclusive use of the four tennis courts, patio area, practice area, storage facility, kitchenette and access walkways to the courts within David Farr Memorial Park; Rosebank Tennis Club for their exclusive use of the two tennis courts at Rick Hull Memorial Park; Maple Ridge Tennis Club for their exclusive use of the two tennis courts and storage facility at Maple Ridge Park; and, Sandy Beach Tennis Club for their exclusive use of the four tennis courts and storage facility at Bay Ridges Kinsmen Park. The Community Services Department recommends that each of the existing Lease Agreements included as Attachments 1, 2, 3 and 4 be renewed for a five-year term beginning July 1, 2023 and ending June 30, 2028, and that each of the new Lease Agreements included as Attachments 5 and 6 be initiated for a five-year term beginning July 1, 2023 and ending June 30, 2028. Financial Implications: The City of Pickering is responsible to fund the general operating costs (such as utilities, garbage removal and grounds maintenance) of the courts within these City parks which are reflected annually within the Operations Department’s Current Budget (cost centre 10320). The City is also responsible for the capital costs to resurface or reconstruct these municipally owned tennis courts which vary year-to-year depending on need. Each of the aforementioned Tennis Clubs are responsible to fund the day-to-day costs to operate the Club, which includes program/office supplies, administrative and insurance costs. The Clubs are also responsible to supply, maintain, repair and/or replace furniture, including netting and shade structures, appliances and equipment at its expense, in order to operate its activities. The Club shall pay annual charges for hydro use to the City for each of the tennis courts on site as per the City’s General Municipal Fees By-law. Discussion: Amberlea, Dunmoore, Glendale, Maple Ridge, Rosebank and Sandy Beach Tennis Clubs offer a wide variety of leagues, events, lessons and community outreach programs for adults and juniors at all skill levels. Recently, these tennis clubs have dedicated significant time and effort into developing youth tennis programing. Amberlea, Dunmoore, Glendale and Rosebank Tennis Clubs have an existing five-year lease agreement with the City and have operated their Clubs in a manner that has satisfied the City during the term of their agreements. To date, Maple Ridge and Sandy Beach tennis clubs have operated their activities under a verbal agreement with the City of Pickering. During the past several years, these two Clubs have operated in a diligent and conscientious manner that has satisfied the City. CS 16-23 June 5, 2023 Subject: Community Association Lease Agreements – Tennis Clubs Page 3 The City of Pickering offers two tennis courts that are available to the general public at no cost which are located at Village East Park and Claremont Park. Amberlea, Dunmoore, Glendale, Rosebank, Maple Ridge and Sandy Beach Tennis Clubs are very active community-based clubs with significant existing memberships and as such would not be recommended for consideration as being returned to the City for free public play. As per Council Resolution #224/14, City staff have prepared four renewal lease agreements in order to continue our relationship with Amberlea, Dunmoore, Glendale and Rosebank Tennis Clubs. City staff have also prepared two written lease agreements to document the longstanding verbal agreements with Maple Ridge and Sandy Beach Tennis Clubs. As per the terms and conditions of the attached written agreements, the Tennis Clubs shall use the premises for non-profit, community and charity based events or non-commercial receptions of the Clubs, at their costs. The Tennis Clubs will also maintain insurance in the amount of two million dollars, naming the City as an additional insured. The City is responsible for all day-to- day operating expenses of the respective parks including garbage removal and regular maintenance. The City is also responsible for the capital replacement costs of the perimeter fencing, lighting and the courts surfacing. The Community Services Department recommends that each of the existing Lease Agreements included as Attachments 1, 2, 3 and 4 be renewed for a five-year term beginning July 1, 2023 and ending June 30, 2028, and that each of the new Lease Agreements included as Attachments 5 and 6 be initiated for a five-year term beginning July 1, 2023 and ending June 30, 2028. Attachments: 1. Draft Lease Agreement with Amberlea Tennis Club 2. Draft Lease Agreement with Dunmoore Tennis Club 3. Draft Lease Agreement with Glendale Tennis Club 4. Draft Lease Agreement with Rosebank Tennis Club 5. Draft Lease Agreement with Maple Ridge Tennis Club 6. Draft Lease Agreement with Sandy Beach Tennis Club Prepared By: Approved/Endorsed By: Original Signed By: Original Signed By: Suzanne Moore Supervisor, Community Services Administration Sarah Douglas-Murray Director, Community Services SDM:sm CS 16-23 June 5, 2023 Subject: Community Association Lease Agreements – Tennis Clubs Page 4 Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer Attachment 1 to Report CS 16-23 Lease Agreement This Lease is made as of the 1st day of July, 2023. Between: The Corporation of the City of Pickering (the "City") -and - Amberlea Tennis Club (the "Club") Article I Interpretation Definitions 1. In this Lease, (a) "Commencement Date" means July 1, 2023; (b) "Lease" means this lease as it may be amended from time to time; (c) "Premises" means that portion of the two tennis courts (three tennis courts once the expansion is complete), practice area, storage bunkers, within Shadybrook Park therein as shown on Schedule “A” attached hereto, located at 1905 Shadybrook Drive, in the City of Pickering, Regional Municipality of Durham; (d) "Rent" means the rent payable pursuant to Section 19; and (e) "Term" means the term of this Lease as set out in Section 15. Headings 2. The division of this Lease into articles, sections, subsections and schedules and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Lease. 2 Severability 3. 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 4. 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 5. This Lease shall be governed by, and interpreted and enforced in accordance with, the laws in force in the Province of Ontario. Entire Agreement 6. 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 7. In consideration of the performance by the Club of its obligations under this Lease, the City leases the Premises to the Club for its use during the Term. The Club acknowledges its right to use the seasonal, portable washrooms facilities is non-exclusive. Club Use of Premises 8. The Premises shall be used only for non-profit tennis club, at its expense and for no other purpose without the prior written consent of the City. Nuisance 9. The Club 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 or other users of Shadybrook Park. 3 City Use of Premises 10. Subject to section 8, the City shall have right of first refusal to use the Premises. The Club shall not be entitled to any rental fees or other remuneration associated with the use of the Premises by the City. Assignment and Subletting 11. The Club shall not assign this Lease or sublet all or any portion of the Premises without the prior written consent of the City. Licences 12. The Club may not grant licences to us e the Premises. 13. The Club s hall submit their annual financial statement to the City by December 1st of each year. 14. The Club shall submit a list of the Club Board of Directors and their contact information to the City by December 1st of each year. Article III Term Term 15. The term of this Lease shall be five (5) years from the Commencement Date to June 30, 2028. 16. The City may terminate this Lease at any time for any reason provided it has given the Club six (6) months prior notice in writing. 17. The Club may terminate this Lease at any time for any reason provided it has given the Club six (6) months prior notice in writing. Overholding 18. If the Club 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 Club 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. 4 Article IV Rent Rent 19. The Club shall pay to the City as rent for the entire the Term in lawful money of Canada the sum of One (1) Dollar ($1.00) Utilities 20. The Club shall pay annual charges to the City for each of the tennis courts on site for hydro use. This amount shall be paid on or before April 1 in each year of the term. Annual charges are subject to The General Municipal Fees By-law. Gross Lease 21. 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 22. The Club shall maintain and operate the Premises so that they shall always be of good appearance, safe and suitable for the proper operation of the Premises. 23. The Club shall provide general maintenance services to the Premises at its expense and shall provide all necessary cleaning and maintenance supplies and cleaning equipment related to the courts and any associated building under their exclusive use. The Club, at its sole expense shall provide the court nets and any shade screening. This would include installation, removal and storage each year. 24. The City or its designate, shall be responsible for all day-to-day operating expenses including garbage removal, bleachers, benches, fencing, any building associated with use of the courts, lighting and the court surface life cycle replacement. 25. The Club shall be responsible for any damages or costs incurred due to the misuse or negligence of the Club, its employees, invitees, servants, agents, or others under its control and the Club 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. 5 26. The Club shall immediately notify the City of any unsafe conditions on the Premises. Security 27. The Club shall be responsible for the gate lock and shall ensure that the gate is properly locked at the end of each day during the tennis season. The Club will ensure that any key or combination to any lock are provided to the City for maintenance and inspection access. Alterations/Improvements to Premises 28. The Club shall only be permitted to make alterations and improvements to the Premises that have been approved by the City. Article VI Insurance and Indemnity Club's Insurance 29. The Club, at its sole cost and expense, shall take out and maintain, (a) insurance upon property owned by it which is located on the Premises; and, (b) commercial general liability insurance pertaining to the Club'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 which is reasonable and sufficient having regard to the scope of the risk and the current practice of prudent owners of similar premises for the carrying on of similar businesses, but in any event in 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. 30. Prior to the Commencement Date, the Club 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. 31. The provision of the insurance policy required by this section shall not relieve the Club from liability for claims not covered by the policy or which exceed its limits, if any, for which the Club may be held responsible. 6 Insurance Risks 32. The Club 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 Club on the Premises causes or results in any increase in premiums for any of the City's insurance policies, the Club shall pay such increase to the City. Indemnification 33. Each of the City and the Club shall indemnify and save harmless the other from and against any and all actions, losses, damages, claims, costs and expenses (including solicitors' fees on a solicitor and client basis) to which the party being indemnified shall or may become liable by reason of any breach, violation or non-performance by the party so indemnifying of any covenant, term or provision of this Lease or by reason of any damage, injury or death occasioned to or suffered by any person or persons including the City or the Club, as the case may be, or any property by reason of any wrongful act, neglect or default on the part of the party so indemnifying or any of those persons for whom it is in law responsible. For greater certainty, the limitation of liability set out above in this section does not extend to claims, losses or damages resulting in whole or in part from the gross negligence or wilful misconduct of the party claiming indemnification, its employees or those for whom it is in law responsible. Article VII Remedies on Default City's Right to Re-Enter 34. If any amount payable to the City under this Lease shall remain unpaid for fifteen (15) days after the Club 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 35. In addition to all other remedies the City may have under this Lease and in law, if the Club 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 Club (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 Club shall be responsible for all such costs. 7 Waiver 36. No condoning, excusing or overlooking by the City of any default, breach or non-observance by the Club 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 Club save only an express waiver in writing. Article VIII Miscellaneous Quiet Enjoyment 37. The City shall permit the Club 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 Club is not in default. Right of Entry 38. The Club agrees to permit the City and authorized representatives of the City to enter the Premises during normal business hours or in an emergency for the purpose of inspecting and or maintaining the Premises. The City shall use its best efforts to minimize the disruption to the Club's use of the Premises during any such entry. Signs 39. The Club may only erect signs on the Premises with the City’s prior approval. All such signs shall be removed from the Premises at the end of the Term. Compliance with Laws 40. The Club, 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 Club or the making of any improvements to the Premises by the Club. Notice 41. Any notice required to be given by the City to the Club under this Lease shall be in writing and shall be delivered to or such other address of which the Club has notified the City in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. 8 42. Any notice required to be given by the Club 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 (Attention: City Clerk) or such other address of which the City has notified the Club in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. Successors and Assigns 43. 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. Third Court Expansion 44. Once construction of the third court expansion at Shadybrook Park is complete, Amberlea Tennis Cub will engage with the pickleball players to develop a shared schedule for pickleball and tennis (for the third court) that would include a minimum of 50 percent of court time available for pickleball and the remainder of court time available for tennis. The court times for each sport must be spread across daytime/evening and weekday/weekend use to ensure equal representation for each group of users and will be subject to written approval by the Director of Community Services. CHDRC Indoor Court Use 45. Should the Club require the use of the indoor tennis court(s) at the Chestnut Hill Developments Recreation Complex for league play, tryouts and/or weather- related reasons and the use can be accommodated; the Club will be charged for their usage as per the current approved fees & charges. Schedules 46. Schedules “A” attached hereto form part of this Agreement. ________________________________ ________________________________ ________________________________ _______________________________ 9 In Witness Whereof the parties have executed this Lease. The Corporation of the City of Pickering Kevin Ashe, Mayor Susan Cassel, City Clerk Amberlea Tennis Club Henrik Villumsen, President Luckson Zireva, Secretary SC H E D U L E "A " SH A D Y B R O O O K PA R K P- 0 1 4 Attachment 2 to Report CS 16-23 Lease Agreement This Lease is made as of the 1st day of July, 2023. Between: The Corporation of the City of Pickering (the "City") -and - Dunmoore Tennis Club (the "Club") Article I Interpretation Definitions 1. In this Lease, (a) "Commencement Date" means July 1, 2023; (b) "Lease" means this lease as it may be amended from time to time; (c) "Premises" means that portion of the four tennis courts, within Dunmoore Park therein as shown on Schedule “A” attached hereto, located at 680 Callahan Street, in the City of Pickering, Regional Municipality of Durham; (d) "Rent" means the rent payable pursuant to Section 18; and (e) "Term" means the term of this Lease as set out in Section 15. Headings 2. The division of this Lease into articles, sections, subsections and schedules and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Lease. 2 Severability 3. 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 4. 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 5. This Lease shall be governed by, and interpreted and enforced in accordance with, the laws in force in the Province of Ontario. Entire Agreement 6. 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 7. In consideration of the performance by the Club of its obligations under this Lease, the City leases the Premises to the Club for its use during the Term. The club acknowledges its right to use the washrooms facilities is non-exclusive. Club Use of Premises 8. The Premises shall be used only for non-profit tennis club, at its expense and for no other purpose without the prior written consent of the City. Nuisance 9. The Club 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 or other users of Dunmoore Park. 3 City Use of Premises 10. Subject to section 9, the City shall have right of first refusal to use the Premises. The Club shall not be entitled to any rental fees or other remuneration associated with the use of the Premises by the City. Assignment and Subletting 11. The Club shall not assign this Lease or sublet all or any portion of the Premises without the prior written consent of the City. Licences 12. The Club may not grant licences to us e the Premises. 13. The Club s hall submit their annual financial statement to the City by November1st of each year. 14. The Club shall submit a list of the Club Board of Directors and their contact information to the City by November 1st of each year. Article III Term Term 15. The term of this Lease shall be five (5) years from the Commencement Date to June 30, 2028. 16. The City may terminate this Lease at any time for any reason provided it has given the Club six (6) months prior notice in writing. Overholding 17. If the Club 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 Club 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. 4 Article IV Rent Rent 18. The Club shall pay to the City as rent for the entire the Term in lawful money of Canada the sum of One (1) Dollar ($1.00) Utilities 19. The Club shall annual charges to the City for each of the tennis courts on site for hydro use. This amount shall be paid on or before April 1 in each year of the term. Annual charges are subject to The General Municipal Fees By-law . Gross Lease 20. 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 21. The Club shall maintain and operate the Premises so that they shall always be of good appearance, safe and suitable for the proper operation of the Premises. 22. The Club 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 related to the courts and any associated building under their exclusive use. 23. The Club, at its sole expense shall provide the court nets and any shade screening. This would include installation, removal and storage each year. 24. The City or its designate, shall be responsible for all day-to-day operating expenses including garbage removal, bleachers, benches, fencing, plumbing, any building associated with use of the courts, lighting and the court surface life cycle replacement. 25. The Club shall be responsible for any damages or costs incurred due to the misuse or negligence of the Club, its employees, invitees, servants, agents, or others under its control and the Club shall pay to the City on demand the 5 expense of any repairs including the City’s reasonable administration charge necessitated by such negligence or misuse. 26. The Club shall immediately notify the City of any unsafe conditions on the Premises. Security 27. The Club shall be responsible for the security of the Premises. The Club will ensure that a key or combination to any lock are provided to the City for maintenance and inspection access. Alterations/Improvements to Premises 28. The Club shall only be permitted to make alterations and improvements to the Premises that have been approved by the City. Article VI Insurance and Indemnity Club's Insurance 29. The Club, at its sole cost and expense, shall take out and maintain, (a) insurance upon property owned by it which is located on the Premises; and (b) commercial general liability insurance pertaining to the Club's liability to others in respect of injury, death or damage to property occurring upon, in or about the Premises, and abuse insurance. Such insurance to be of an amount which is reasonable and sufficient having regard to the scope of the risk and the current practice of prudent owners of similar premises for the carrying on of similar businesses, but in any event in 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. 30. Prior to the Commencement Date, the Club 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. 6 31. The provision of the insurance policy required by this section shall not relieve the Club from liability for claims not covered by the policy or which exceed its limits, if any, for which the Club may be held responsible. Insurance Risks 32. The Club 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 Club on the Premises causes or results in any increase in premiums for any of the City's insurance policies, the Club shall pay such increase to the City. Indemnification 33. Each of the City and the Club shall indemnify and save harmless the other from and against any and all actions, losses, damages, claims, costs and expenses (including solicitors' fees on a solicitor and client basis) to which the party being indemnified shall or may become liable by reason of any breach, violation or non-performance by the party so indemnifying of any covenant, term or provision of this Lease or by reason of any damage, injury or death occasioned to or suffered by any person or persons including the City or the Club, as the case may be, or any property by reason of any wrongful act, neglect or default on the part of the party so indemnifying or any of those persons for whom it is in law responsible. For greater certainty, the limitation of liability set out above in this section does not extend to claims, losses or damages resulting in whole or in part from the gross negligence or wilful misconduct of the party claiming indemnification, its employees or those for whom it is in law responsible. Article VII Remedies on Default City's Right to Re-Enter 34. If any amount payable to the City under this Lease shall remain unpaid for fifteen (15)days after the Club 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 35. In addition to all other remedies the City may have under this Lease and in law, if the Club 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 Club (or 7 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 Club shall be responsible for all such costs. Waiver 36. No condoning, excusing or overlooking by the City of any default, breach or non-observance by the Club 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 Club save only an express waiver in writing. Article VIII Miscellaneous Quiet Enjoyment 37. The City shall permit the Club 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 Club is not in default. Right of Entry 38. The Club agrees to permit the City and authorized representatives of the City to enter the Premises during normal business hours or in an emergency for the purpose of inspecting and or maintaining the Premises. The City shall use its best efforts to minimize the disruption to the Club's use of the Premises during any such entry. Signs 39. The Club may only erect signs on the Premises with the City’s prior approval. All such signs shall be removed from the Premises at the end of the Term. 8 Compliance with Laws 40. The Club, 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 Club or the making of any improvements to the Premises by the Club. Notice 41. Any notice required to be given by the City to the Club under this Lease shall be in writing and shall be delivered to or such other address of which the Club has notified the City in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. 42. Any notice required to be given by the Club 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 (Attention: City Clerk) or such other address of which the City has notified the Club in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. Successors and Assigns 43. 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. CHDRC Indoor Court Use 44. Should the Club require the use of the indoor tennis court(s) at the Chestnut Hill Developments Recreation Complex for league play, tryouts and/or weather- related reasons and the use can be accommodated; the Club will be charged for their usage as per the current approved fees & charges. Schedules 45. Schedules “A” attached hereto form part of this Agreement. ________________________________ ________________________________ ________________________________ ________________________________ 9 In Witness Whereof the parties have executed this Lease. The Corporation of the City of Pickering Kevin Ashe, Mayor Susan Cassel, City Clerk Dunmoore Tennis Club Craig Rowsell, President Debbie Woods, Secretary DU N M O O R E P A R K P - 0 2 5 Attachment 3 to Report CS 16-23 Lease Agreement This Lease is made as of the 1st day of July, 2023. Between: The Corporation of the City of Pickering (the "City") -and - Glendale Tennis Club (the "Club") Article I Interpretation Definitions 1. In this Lease, (a) "Commencement Date" means July 1, 2023; (b) "Lease" means this lease as it may be amended from time to time; (c) "Premises" means that portion of the four tennis courts, patio area, practice area, storage facility, kitchenette and access walkways to the courts within David Farr Memorial Park therein as shown on Schedule “A” attached hereto, located at 1150 Glenanna Road, in the City of Pickering, Regional Municipality of Durham; (d) "Rent" means the rent payable pursuant to Section 20; and (e) "Term" means the term of this Lease as set out in Section 17. 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. 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. 2 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. 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 Club of its obligations under this Lease, the City leases the Premises to the Club for its use during the Term. The Club acknowledges its right to use the washrooms facilities is non-exclusive. Club Use of Premises 9. The Premises shall be used only for non-profit tennis club, at its expense and for no other purpose without the prior written consent of the City. 10. The Club’s use of the Premises shall be in accordance with the City’s Alcohol Management Policy (Schedule “B”) and Conditions of Agreement (Schedule “C”). Nuisance 11. The Club 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 or other users of David Farr Memorial Park. City Use of Premises 12. Subject to section 9, the City shall have right of first refusal to use the Premises. The Club shall not be entitled to any rental fees or other remuneration associated with the use of the Premises by the City. Assignment and Subletting 13. The Club shall not assign this Lease or sublet all or any portion of the Premises without the prior written consent of the City. Licences 14. The Club may not grant licences to us e the Premises. 15. The Club s hall submit their annual financial statement to the City by November1st of each year. 16. The Club shall submit a list of the Club Board of Directors and their contact information to the City by November 1st of each year. 3 Article III Term Term 17. The term of this Lease shall be five (5) years from the Commencement Date to June 30, 2028. 18. The City may terminate this Lease at any time for any reason provided it has given the Club six (6) months prior notice in writing. Overholding 19. If the Club 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 Club 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. Article IV Rent Rent 20. The Club shall pay to the City as rent for the entire the Term in lawful money of Canada the sum of One (1) Dollar ($1.00) Utilities 21. The Club shall pay annual charges to the City for each of the tennis courts on site for hydro use. This amount shall be paid on or before April 1 in each year of the term. Annual charges are subject to The General Municipal Fees By-law. Gross Lease 22. 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 23. The Club shall maintain and operate the Premises so that they shall always be of good appearance, safe and suitable for the proper operation of the Premises. 24. The Club 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 related to the courts and any associated building under their exclusive use. 25. The Club, at its sole expense shall provide the court nets and any shade screening. This would include installation, removal and storage each year. 26. The Club shall maintain at its expense the shade structure that is over the spectator bleachers and area between the courts. 27. The City, or its designate, shall be responsible for all day-to-day operating expenses including garbage removal, bleachers, benches, fencing, plumbing, 4 any building associated with use of the courts, lighting and the court surface life cycle replacement. 28. The Club shall be responsible for any damages or costs incurred due to the misuse or negligence of the Club, its employees, invitees, servants, agents, or others under its control and the Club 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. 29. The Club shall immediately notify the City of any unsafe conditions on the Premises. Security 30. The Club shall be responsible for the security of the Premises. The Club will ensure that a key or combination to any lock are provided to the City for maintenance and inspection access. Alterations/Improvements to Premises 31. The Club shall only be permitted to make alterations and improvements to the Premises that have been approved by the City. Article VI Insurance and Indemnity Club's Insurance 32. The Club, at its sole cost and expense, shall take out and maintain, (a) insurance upon property owned by it which is located on the Premises; and, (b) commercial general liability insurance pertaining to the Club's liability to others in respect of injury, death or damage to property occurring upon, in or about the Premises, and abuse insurance. Such insurance to be of an amount which is reasonable and sufficient having regard to the scope of the risk and the current practice of prudent owners of similar premises for the carrying on of similar businesses, but in any event in 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. 33. Prior to the Commencement Date, the Club 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. 34. The provision of the insurance policy required by this section shall not relieve the Club from liability for claims not covered by the policy or which exceed its limits, if any, for which the Club may be held responsible. Insurance Risks 35. The Club 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 5 Premises or any acts or omissions of the Club on the Premises causes or results in any increase in premiums for any of the City's insurance policies, the Club shall pay such increase to the City. Indemnification 36. Each of the City and the Club shall indemnify and save harmless the other from and against any and all actions, losses, damages, claims, costs and expenses (including solicitors' fees on a solicitor and client basis) to which the party being indemnified shall or may become liable by reason of any breach, violation or non-performance by the party so indemnifying of any covenant, term or provision of this Lease or by reason of any damage, injury or death occasioned to or suffered by any person or persons including the City or the Club, as the case may be, or any property by reason of any wrongful act, neglect or default on the part of the party so indemnifying or any of those persons for whom it is in law responsible. For greater certainty, the limitation of liability set out above in this section does not extend to claims, losses or damages resulting in whole or in part from the gross negligence or wilful misconduct of the party claiming indemnification, its employees or those for whom it is in law responsible. Article VII Remedies on Default City's Right to Re-Enter 37. If any amount payable to the City under this Lease shall remain unpaid for fifteen (15)days after the Club 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 38. In addition to all other remedies the City may have under this Lease and in law, if the Club 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 Club (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 Club shall be responsible for all such costs. Waiver 39. No condoning, excusing or overlooking by the City of any default, breach or non-observance by the Club 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 Club save only an express waiver in writing. Article VIII Miscellaneous Quiet Enjoyment 40. The City shall permit the Club 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 Club is not in default. 6 Right of Entry 41. The Club agrees to permit the City and authorized representatives of the City to enter the Premises during normal business hours or in an emergency for the purpose of inspecting and or maintaining the Premises. The City shall use its best efforts to minimize the disruption to the Club's use of the Premises during any such entry. Signs 42. The Club may only erect signs on the Premises with the City’s prior approval. All such signs shall be removed from the Premises at the end of the Term. Compliance with Laws 43. The Club, 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 Club or the making of any improvements to the Premises by the Club. Notice 44. Any notice required to be given by the City to the Club under this Lease shall be in writing and shall be delivered to or such other address of which the Club has notified the City in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. 45. Any notice required to be given by the Club 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 (Attention: City Clerk) or such other address of which the City has notified the Club in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. Successors and Assigns 46. 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. CHDRC Indoor Court Use 47. Should the Club require the use of the indoor tennis court(s) at the Chestnut Hill Developments Recreation Complex for league play, tryouts and/or weather- related reasons and the use can be accommodated; the Club will be charged for their usage as per the current approved fees & charges. Schedules 48. Schedule “A” attached hereto form part of this Agreement. ________________________________ ________________________________ ________________________________ ________________________________ 7 In Witness Whereof the parties have executed this Lease. The Corporation of the City of Pickering Kevin Ashe, Mayor Susan Cassel, City Clerk Glendale Tennis Club Pascal Arpin, President Anzalene Rayman, Membership Coord Attachment 4 to Report CS 16-23 Lease Agreement This Lease is made as of the 1st day of July, 2023. Between: The Corporation of the City of Pickering (the "City") -and - Rosebank Tennis Club (the "Club") Article I Interpretation Definitions 1. In this Lease, (a) "Commencement Date" means July 1, 2023; (b) "Lease" means this lease as it may be amended from time to time; (c) "Premises" means that portion of the two tennis courts, on Durham District School Board Property abutting Rick Hull Memorial Park therein as shown on Schedule “A” attached hereto, located at 575 Rosebank Road, in the City of Pickering, Regional Municipality of Durham; (d) "Rent" means the rent payable pursuant to Section 18; and (e) "Term" means the term of this Lease as set out in Section 15. Headings 2. The division of this Lease into articles, sections, subsections and schedules and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Lease. 2 Severability 3. 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 4. 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 5. This Lease shall be governed by, and interpreted and enforced in accordance with, the laws in force in the Province of Ontario. Entire Agreement 6. 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 7. In consideration of the performance by the Club of its obligations under this Lease, the City leases the Premises to the Club for its use during the Term. Club Use of Premises 8. The Premises shall be used only for non-profit tennis activities, at its expense and for no other purpose without the prior written consent of the City. Nuisance 9. The Club 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 or other users of Rick Hull Memorial Park. 3 City Use of Premises 10. Subject to section 9, the City shall have right of first refusal to use the Premises. The Club shall not be entitled to any rental fees or other remuneration associated with the use of the Premises by the City. Assignment and Subletting 11. The Club shall not assign this Lease or sublet all or any portion of the Premises without the prior written consent of the City. Licences 12. The Club may not grant licences to us e the Premises. 13. The Club s hall submit their annual financial statement to the City by November 1st of each year. 14. The Club shall submit a list of the Club Board of Directors and their contact information to the City by November 1st of each year. Article III Term Term 15. The term of this Lease shall be five (5) years from the Commencement Date to June 30, 2028. 16. The City may terminate this Lease at any time for any reason provided it has given the Club six (6) months prior notice in writing. Overholding 17. If the Club 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 Club 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. 4 Article IV Rent Rent 18. The Club shall pay to the City as rent for the entire Term in lawful money of Canada the sum of One (1) Dollar ($1.00) Utilities 19. The club shall pay annual charges to the City for the tennis courts on site for hydro use. This amount shall be paid on or before April 1 in each year of the term. Annual charges are subject to the City’s Approved User Fee By-law. Gross Lease 20. 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 21. The Club shall maintain and operate the Premises so that they shall always be of good appearance, safe and suitable for the proper operation of the Premises. 22. The Club shall provide general, routine maintenance services to the Premises at its expense and shall provide all necessary cleaning and maintenance supplies such as cleaning equipment related to the tennis courts and any associated building under their exclusive use. 23. The Club, at its sole expense shall provide the court nets and any wind screening. This would include installation, removal and storage each year. 24. The City or its designate, shall be responsible for all day-to-day operating expenses including garbage removal, bleachers, benches, fencing, any building associated with use of the courts, lighting and the court surface life cycle replacement. 25. The Club shall be responsible for any damages or costs incurred due to the misuse or negligence of the Club its employees, invitees, servants, agents, or others under its control and the Club shall pay to the City on demand the 5 expense of any repairs including the City’s reasonable administration charge necessitated by such negligence or misuse. 26. The Club shall immediately notify the City of any unsafe conditions on the Premises. Security 27. The Club shall be responsible for the secured access to the Premises. The Club will ensure that a key or combination to any lock are provided to the City for maintenance and inspection access. The City staff will be responsible for locking the gate after accessing the courts for maintenance and/or inspection. Alterations/Improvements to Premises 28. The Club shall only be permitted to make alterations and improvements to the Premises that have been approved by the City. Article VI Insurance and Indemnity Club's Insurance 29. The Club, at its sole cost and expense, shall take out and maintain, (a) insurance upon property owned by it which is located on the Premises; and, (b) commercial general liability insurance pertaining to the Club'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 which is reasonable and sufficient having regard to the scope of the risk and the current practice of prudent operators of similar premises for the carrying on of similar businesses, but in any event in an am ount 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 C ity by the insurer 30 days in advance of the expiry date. 30. Prior to the Commencement Date, the Club 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. 6 31. The provision of the insurance policy required by this section shall not relieve the Club from liability for claims not covered by the policy or which exceed its limits, if any, for which the Club may be held responsible. Insurance Risks 32. The Club 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 Club on the Premises causes or results in any increase in premiums for any of the City's insurance policies, the Club shall pay such increase to the City. Indemnification 33. Each of the City and the Club shall indemnify and save harmless the other from and against any and all actions, losses, damages, claims, costs and expenses (including solicitors' fees on a solicitor and client basis) to which the party being indemnified shall or may become liable by reason of any breach, violation or non-performance by the party so indemnifying of any covenant, term or provision of this Lease or by reason of any damage, injury or death occasioned to or suffered by any person or persons including the City or the Club, as the case may be, or any property by reason of any wrongful act, neglect or default on the part of the party so indemnifying or any of those persons for whom it is in law responsible. For greater certainty, the limitation of liability set out above in this section does not extend to claims, losses or damages resulting in whole or in part from the gross negligence or wilful misconduct of the party claiming indemnification, its employees or those for whom it is in law responsible. Article VII Remedies on Default City's Right to Re-Enter 34. If any amount payable to the City under this Lease shall remain unpaid for fifteen (15)days after the Club 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 35. In addition to all other remedies the City may have under this Lease and in law, if the Club 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 Club (or 7 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 Club shall be responsible for all such costs. Waiver 36. No condoning, excusing or overlooking by the City of any default, breach or non-observance by the Club 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 Club save only an express waiver in writing. Article VIII Miscellaneous Quiet Enjoyment 37. The City shall permit the Club 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 Club is not in default. Right of Entry 38. The Club agrees to permit the City and authorized representatives of the City to enter the Premises during normal business hours or in an emergency for the purpose of inspecting and or maintaining the Premises. The City shall use its best efforts to minimize the disruption to the Club's use of the Premises during any such entry. Signs 39. The Club may only erect signs on the Premises with the City’s prior approval. All such signs shall be removed from the Premises at the end of the Term. Compliance with Laws 40. The Club, 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 8 use of the Premises by the Club or the making of any improvements to the Premises by the Club. Notice 41. Any notice required to be given by the City to the Club under this Lease shall be in writing and shall be delivered to or such other address of which the Club has notified the City in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. 42. Any notice required to be given by the Club 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 (Attention: City Clerk) or such other address of which the City has notified the Club in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. Successors and Assigns 43. 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. CHDRC Indoor Court Use 44. Should the Club require the use of the indoor tennis court(s) at the Chestnut Hill Developments Recreation Complex for league play, tryouts and/or weather- related reasons and the use can be accommodated; the Club will be charged for their usage as per the current approved fees & charges. Schedules 45. Schedules “A” attached hereto form part of this Agreement. ________________________________ ________________________________ ________________________________ ________________________________ 9 In Witness Whereof the parties have executed this Lease. The Corporation of the City of Pickering Kevin Ashe, Mayor Susan Cassel, City Clerk Rosebank Tennis Club Catalin Codita, President Sofica Mocanu, Secretary PA R K IN F O . RI C K HU L L ME M O R I A L PA R K P- 0 0 7 Attachment 5 to Report CS 16-23 Lease Agreement This Lease is made as of the 1st day of July, 2023. Between: The Corporation of the City of Pickering (the "City") -and - Maple Ridge Tennis Club (the "Club") Article I Interpretation Definitions 1. In this Lease, (a) "Commencement Date" means July 1, 2023; (b) "Lease" means this lease as it may be amended from time to time; (c) "Premises" means that portion of the two tennis courts and storage bunkers, within Maple Ridge Park therein as shown on Schedule “A” attached hereto, located at 2050 Bushmill Street, in the City of Pickering, Regional Municipality of Durham; (d) "Rent" means the rent payable pursuant to Section 19; and (e) "Term" means the term of this Lease as set out in Section 15. Headings 2. The division of this Lease into articles, sections, subsections and schedules and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Lease. 2 Severability 3. 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 4. 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 5. This Lease shall be governed by, and interpreted and enforced in accordance with, the laws in force in the Province of Ontario. Entire Agreement 6. 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 7. In consideration of the performance by the Club of its obligations under this Lease, the City leases the Premises to the Club for its use during the Term. The club acknowledges its right to use the seasonal, portable washrooms facilities is non-exclusive. Club Use of Premises 8. The Premises shall be used only for non-profit tennis club, at its expense and for no other purpose without the prior written consent of the City. Nuisance 9. The Club 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 or other users of Maple Ridge Park. 3 City Use of Premises 10. Subject to section 8, the City shall have right of first refusal to use the Premises. The Club shall not be entitled to any rental fees or other remuneration associated with the use of the Premises by the City. Assignment and Subletting 11. The Club shall not assign this Lease or sublet all or any portion of the Premises without the prior written consent of the City. Licences 12. The Club may not grant licences to us e the Premises. 13. The Club s hall submit their annual financial statement to the City by December 1st of each year. 14. The Club shall submit a list of the Club Board of Directors and their contact information to the City by December 1st of each year. Article III Term Term 15. The term of this Lease shall be five (5) years from the Commencement Date to June 30, 2028. 16. The City may terminate this Lease at any time for any reason provided it has given the Club six (6) months prior notice in writing. 17. The Club may terminate this Lease at any time for any reason provided it has given the Club six (6) months prior notice in writing. Overholding 18. If the Club 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 Club 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. 4 Article IV Rent Rent 19. The Club shall pay to the City as rent for the entire Term in lawful money of Canada the sum of One (1) Dollar ($1.00) Utilities 20. The club shall pay annual charges to the City for each of the tennis courts on site for hydro use. This amount shall be paid on or before April 1 in each year of the term. Annual charges are subject to The General Municipal Fees By-law. Gross Lease 21. 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 22. The Club shall maintain and operate the Premises so that they shall always be of good appearance, safe and suitable for the proper operation of the Premises. 23. The Club shall provide general maintenance services to the Premises at its expense and shall provide all necessary cleaning and maintenance supplies and cleaning equipment related to the courts and any associated building under their exclusive use. The Club, at its sole expense shall provide the court nets and any shade screening. This would include installation, removal and storage each year. 24. The City or its designate, shall be responsible for all day-to-day operating expenses including garbage removal, bleachers, benches, fencing, any building associated with use of the courts, lighting and the court surface life cycle replacement. 25. The Club shall be responsible for any damages or costs incurred due to the misuse or negligence of the Club, its employees, invitees, servants, agents, or others under its control and the Club 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. 5 26. The Club shall immediately notify the City of any unsafe conditions on the Premises. Security 27. The Club shall be responsible for the gate lock and shall ensure that the gate is properly locked at the end of each day during the tennis season. The Club will ensure that any key or combination to any lock are provided to the City for maintenance and inspection access. Alterations/Improvements to Premises 28. The Club shall only be permitted to make alterations and improvements to the Premises that have been approved by the City. Article VI Insurance and Indemnity Club's Insurance 29. The Club, at its sole cost and expense, shall take out and maintain, (a) insurance upon property owned by it which is located on the Premises; and, (b) commercial general liability insurance pertaining to the Club'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 which is reasonable and sufficient having regard to the scope of the risk and the current practice of prudent owners of similar premises for the carrying on of similar businesses, but in any event in 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. 30. Prior to the Commencement Date, the Club 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. 31. The provision of the insurance policy required by this section shall not relieve the Club from liability for claims not covered by the policy or which exceed its limits, if any, for which the Club may be held responsible. 6 Insurance Risks 32. The Club 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 Club on the Premises causes or results in any increase in premiums for any of the City's insurance policies, the Club shall pay such increase to the City. Indemnification 33. Each of the City and the Club shall indemnify and save harmless the other from and against any and all actions, losses, damages, claims, costs and expenses (including solicitors' fees on a solicitor and client basis) to which the party being indemnified shall or may become liable by reason of any breach, violation or non-performance by the party so indemnifying of any covenant, term or provision of this Lease or by reason of any damage, injury or death occasioned to or suffered by any person or persons including the City or the Club, as the case may be, or any property by reason of any wrongful act, neglect or default on the part of the party so indemnifying or any of those persons for whom it is in law responsible. For greater certainty, the limitation of liability set out above in this section does not extend to claims, losses or damages resulting in whole or in part from the gross negligence or wilful misconduct of the party claiming indemnification, its employees or those for whom it is in law responsible. Article VII Remedies on Default City's Right to Re-Enter 34. If any amount payable to the City under this Lease shall remain unpaid for fifteen (15)days after the Club 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 35. In addition to all other remedies the City may have under this Lease and in law, if the Club 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 Club (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 Club shall be responsible for all such costs. 7 Waiver 36. No condoning, excusing or overlooking by the City of any default, breach or non-observance by the Club 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 Club save only an express waiver in writing. Article VIII Miscellaneous Quiet Enjoyment 37. The City shall permit the Club 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 Club is not in default. Right of Entry 38. The Club agrees to permit the City and authorized representatives of the City to enter the Premises during normal business hours or in an emergency for the purpose of inspecting and or maintaining the Premises. The City shall use its best efforts to minimize the disruption to the Club's use of the Premises during any such entry. Signs 39. The Club may only erect signs on the Premises with the City’s prior approval. All such signs shall be removed from the Premises at the end of the Term. Compliance with Laws 40. The Club, 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 Club or the making of any improvements to the Premises by the Club. Notice 41. Any notice required to be given by the City to the Club under this Lease shall be in writing and shall be delivered to or such other address of which the Club has notified the City in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. 8 42. Any notice required to be given by the Club 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 (Attention: City Clerk) or such other address of which the City has notified the Club in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. Successors and Assigns 43. 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. CHDRC Indoor Court Use 44. Should the Club require the use of the indoor tennis court(s) at the Chestnut Hill Developments Recreation Complex for league play, tryouts and/or weather- related reasons and the use can be accommodated; the Club will be charged for their usage as per the current approved fees & charges. Schedules 45. Schedules “A” attached hereto form part of this Agreement. ________________________________ ________________________________ ________________________________ _______________________________ 9 In Witness Whereof the parties have executed this Lease. The Corporation of the City of Pickering Kevin Ashe, Mayor Susan Cassel, City Clerk Maple Ridge Tennis Club James Unger, President Mike Lalonde, Treasurer ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!! ! ! ! ! ! !!!!! ! ! !!!! ! ! ! ! ! ! ! ! ! ! ! ! Soccer Pitch - Senior Tennis Court Baseball Diamond - Junior Playground Structure - Senior LI V E R P O O L R O A D BUSHMILL STREET WH E A T S H E A F L A N E Maple Ridge Park SCALE: Engineering Services Department Schedule A Lease Agreement Maple Ridge ParkApr. 18, 2023 DATE: q 1:1,338 Attachment 6 to Report CS 16-23 Lease Agreement This Lease is made as of the 1st day of July, 2023. Between: The Corporation of the City of Pickering (the "City") -and - Sandy Beach Tennis Club (the "Club") Article I Interpretation Definitions 1. In this Lease, (a) "Commencement Date" means July 1, 2023; (b) "Lease" means this lease as it may be amended from time to time; (c) "Premises" means that portion of the four tennis courts and storage bunkers, within Bay Ridges Kinsmen Park therein as shown on Schedule “A” attached hereto, located at 705 Sandy Beach Road, in the City of Pickering, Regional Municipality of Durham; (d) "Rent" means the rent payable pursuant to Section 19; and (e) "Term" means the term of this Lease as set out in Section 15. Headings 2. The division of this Lease into articles, sections, subsections and schedules and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Lease. 2 Severability 3. 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 4. 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 5. This Lease shall be governed by, and interpreted and enforced in accordance with, the laws in force in the Province of Ontario. Entire Agreement 6. 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 7. In consideration of the performance by the Club of its obligations under this Lease, the City leases the Premises to the Club for its use during the Term. The Club acknowledges its right to use the seasonal, portable washrooms facilities is non-exclusive. Club Use of Premises 8. The Premises shall be used only for non-profit tennis club, at its expense and for no other purpose without the prior written consent of the City. Nuisance 9. The Club 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 or other users of Maple Ridge Park. 3 City Use of Premises 10. Subject to section 8, the City shall have right of first refusal to use the Premises. The Club shall not be entitled to any rental fees or other remuneration associated with the use of the Premises by the City. Assignment and Subletting 11. The Club shall not assign this Lease or sublet all or any portion of the Premises without the prior written consent of the City. Licences 12. The Club may not grant licences to us e the Premises. 13. The Club s hall submit their annual financial statement to the City by December 1st of each year. 14. The Club shall submit a list of the Club Board of Directors and their contact information to the City by December 1st of each year. Article III Term Term 15. The term of this Lease shall be five (5) years from the Commencement Date to June 30, 2028. 16. The City may terminate this Lease at any time for any reason provided it has given the Club six (6) months prior notice in writing. 17. The Club may terminate this Lease at any time for any reason provided it has given the Club six (6) months prior notice in writing. Overholding 18. If the Club 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 Club 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. 4 Article IV Rent Rent 19. The Club shall pay to the City as rent for the entire Term in lawful money of Canada the sum of One (1) Dollar ($1.00) Utilities 20. The Club shall pay annual charges to the City for each of the tennis courts on site for hydro use. This amount shall be paid on or before April 1 in each year of the term. Annual charges are subject to The General Municipal Fees By-law. Gross Lease 21. 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 22. The Club shall maintain and operate the Premises so that they shall always be of good appearance, safe and suitable for the proper operation of the Premises. 23. The Club shall provide general maintenance services to the Premises at its expense and shall provide all necessary cleaning and maintenance supplies and cleaning equipment related to the courts and any associated building under their exclusive use. The Club, at its sole expense shall provide the court nets and any shade screening. This would include installation, removal and storage each year. 24. The City or its designate, shall be responsible for all day-to-day operating expenses including garbage removal, bleachers, benches, fencing, any building associated with use of the courts, lighting and the court surface life cycle replacement. 25. The Club shall be responsible for any damages or costs incurred due to the misuse or negligence of the Club, its employees, invitees, servants, agents, or others under its control and the Club 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. 5 26. The Club shall immediately notify the City of any unsafe conditions on the Premises. Security 27. The Club shall be responsible for the gate lock and shall ensure that the gate is properly locked at the end of each day during the tennis season. The Club will ensure that any key or combination to any lock are provided to the City for maintenance and inspection access. Alterations/Improvements to Premises 28. The Club shall only be permitted to make alterations and improvements to the Premises that have been approved by the City. Article VI Insurance and Indemnity Club's Insurance 29. The Club, at its sole cost and expense, shall take out and maintain, (a) insurance upon property owned by it which is located on the Premises; and, (b) commercial general liability insurance pertaining to the Club'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 which is reasonable and sufficient having regard to the scope of the risk and the current practice of prudent owners of similar premises for the carrying on of similar businesses, but in any event in 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. 30. Prior to the Commencement Date, the Club 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. 31. The provision of the insurance policy required by this section shall not relieve the Club from liability for claims not covered by the policy or which exceed its limits, if any, for which the Club may be held responsible. 6 Insurance Risks 32. The Club 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 Club on the Premises causes or results in any increase in premiums for any of the City's insurance policies, the Club shall pay such increase to the City. Indemnification 33. Each of the City and the Club shall indemnify and save harmless the other from and against any and all actions, losses, damages, claims, costs and expenses (including solicitors' fees on a solicitor and client basis) to which the party being indemnified shall or may become liable by reason of any breach, violation or non-performance by the party so indemnifying of any covenant, term or provision of this Lease or by reason of any damage, injury or death occasioned to or suffered by any person or persons including the City or the Club, as the case may be, or any property by reason of any wrongful act, neglect or default on the part of the party so indemnifying or any of those persons for whom it is in law responsible. For greater certainty, the limitation of liability set out above in this section does not extend to claims, losses or damages resulting in whole or in part from the gross negligence or wilful misconduct of the party claiming indemnification, its employees or those for whom it is in law responsible. Article VII Remedies on Default City's Right to Re-Enter 34. If any amount payable to the City under this Lease shall remain unpaid for fifteen (15)days after the Club 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 35. In addition to all other remedies the City may have under this Lease and in law, if the Club 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 Club (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 Club shall be responsible for all such costs. 7 Waiver 36. No condoning, excusing or overlooking by the City of any default, breach or non-observance by the Club 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 Club save only an express waiver in writing. Article VIII Miscellaneous Quiet Enjoyment 37. The City shall permit the Club 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 Club is not in default. Right of Entry 38. The Club agrees to permit the City and authorized representatives of the City to enter the Premises during normal business hours or in an emergency for the purpose of inspecting and or maintaining the Premises. The City shall use its best efforts to minimize the disruption to the Club's use of the Premises during any such entry. Signs 39. The Club may only erect signs on the Premises with the City’s prior approval. All such signs shall be removed from the Premises at the end of the Term. Compliance with Laws 40. The Club, 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 Club or the making of any improvements to the Premises by the Club. Notice 41. Any notice required to be given by the City to the Club under this Lease shall be in writing and shall be delivered to or such other address of which the Club has notified the City in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. 8 42. Any notice required to be given by the Club 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 (Attention: City Clerk) or such other address of which the City has notified the Club in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. Successors and Assigns 43. 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. CHDRC Indoor Court Use 44. Should the Club require the use of the indoor tennis court(s) at the Chestnut Hill Developments Recreation Complex for league play, tryouts and/or weather- related reasons and the use can be accommodated; the Club will be charged for their usage as per the current approved fees & charges. Schedules 45. Schedules “A” attached hereto form part of this Agreement. ________________________________ ________________________________ ________________________________ _______________________________ 9 In Witness Whereof the parties have executed this Lease. The Corporation of the City of Pickering Kevin Ashe, Mayor Susan Cassel, City Clerk Sandy Beach Tennis Club Dave Ochotta, President Bruce, Briard, Treasurer ! ! ! ! ! ! ! !!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!!!!!!!!! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!! ! ! ! ! ! ! ! ! ! ! Soccer Pitch - Senior Tennis Court Baseball Diamond - SeniorSoccer Pitch - Junior Washroom Shelter Swing Set Playground Structure - Senior SA N D Y B E A C H R O A D LU B L I N A V E N U E WILLOWSIDE COURT Kr o s n o C r e e k Bayridges Kinsmen Park Alex Robertson Park Parkham Parkette SCALE: Engineering Services Department Schedule A Lease Agreement Bay Ridges Kinsmen ParkApr. 18, 2023 DATE: q 1:2,943