HomeMy WebLinkAboutBy-law 1478/82THE CORPORATION OF THE TOWN OF PICKERING
BY-L~ NO. 1478/82
Being a By-Law to authorize the execution
of an Agreement between the Corporation of
the Town of Pickering and the Pickering
Panthers Junior Hockey, Inc. with respect
to the rental of the Don Beer Sports Arena
WHEREAS the Corporation of the Town of Pickering is the owner of the
Don Beer Sports Arena and is desirous of renting certain facilities
therein to the Pickering Panthers Junior Hockey, Inc. for certain pur-
poses during the hockey season 182-1983;
NOW THEREFORE, the Council of the Corporation of the Town of Pickering
HEREBY ENACTS AS FOLL~S:
The Mayor and Clerk are hereby authorized to execute a Rental
Agreement, in the form attached hereto as Schedule "A", between
the Corporation of the Town of Pickering and the Pickering Panthers
Junior Hockey, Inc. with respect to the rental of the Don Beer
Sports Arena for the hockey season 1982-1983.
BY-LAW read a first, second and third time and finally passed this
Third day of May , 1982.
Schedule "A" to B~-law 1478/82
THIS AGREEMENT made in triplicate this
day of
, 1982.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE FIRST PART,
THE PICKERING PANTHERS JUNIOR HOCKEY, INC.
hereinafter called the "Club"
OF THE SECOND PART.
WHEREAS the Town owns and operates an arena known as the Don Beer
Sports Arena on Dillingham Road in the Town of Pickering; and
WHEREAS the Club operates an Ontario Hockey Association (O.H.A.) Junior
Hockey Team and is desirous of having its home ice at the said Don Beer
Sports Arena; and
WHEREAS the Town is prepared to permit the Club to use the Don Beer
Sports Arena as its home ice pursuant to certain conditions hereinafter
set out;
NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT in consideration of other
good and valuable consideration and the sum of One Dollar ($1.00) of
lawful money of Canada now paid by each of the Parties hereto to the
other, the receipt whereof is hereby acknowledged, the Parties hereto
covenant, promise and agree each with the other as follows:
The Club shall:
(a)
pay a fee to the Town of $50.00 per hour for all practices,
and $60.00 per hour for playoff, regular season and exhibi-
tion games for the use of ice hockey facilities required;
(b)
provide and pay for all police, ticket takers, parking lot
attendants, ushers and all other personnel required over and
above Town regular arena staff. Town staff shall have the
power to direct the Club's personnel when a situation may
cause vandalism to the Town premises;
(c) provide a fee payment and damage deposit to the Town in the
amount of $250.00 on or before August 1st, 1982;
(d) make all fee payments one week in advance;
- 2 -
(e)
(f)
(g)
(h)
(i)
be responsible for the payment of all fees for ice hockey
facility use time allocated, whether used by the Club, or by
a team or teams designated by the Club;
secure all other facility use time required for O.H.A. games
and not provided by this Agreement through negotiations with
hockey, ringette or figure skating organizations to which the
facility use time has been previously designated. Fees for
such facility use time shall be at the rates established by
this Agreement and the Town shall be notified of such alter-
ations in advance;
keep the Town free from any costs originating from the O.H.A.;
ensure that games conclude by 10:30 p.m. to enable the con-
tinuation of the Town ice rental program;
indemnify the Town for any costs, claims or damages resulting
from any loss, damage or injury (including loss of life) to
any person or property at any time on the premises used by
the Club, when a fee pursuant to this Agreement has been paid
for such use, however such loss, damage or injury may occur.
The designated ice hockey facility use time for the Club shall be
as follows:
Monday - Practice Time - 9:30 p.m. - 11:00 p.m. Pad %2
Wednesday Practice Time - 9:30 p.m. - 11:00 p.m. Pad %1
Friday - Game Time - 7:00 p.m. - 10:30 p.m. Pad %1
In the event the O.H.A. Schedule does not permit all the home game
nights to be on Fridays, the Club will be required to meet with
whatever organization has the facility use time which the Club
requires. It is understood, however, that this in no way binds or
requires the affected organization to give up its scheduled time.
The Club further agrees that if it is able to reach a satisfactory
arrangement with the affected organization, it will pay the Town
the rates as set out in clause (a) of section 1 and to notify the
Town of such arrangements.
The Town shall:
(a)
hold the following ice hockey facility use time for the Club
each week:
Monday - 9:30 p.m. - 11:00 p.m. Pad %2
Wednesday - 9:30 p.m. - 11:00 p.m. Pad %1
Friday - 7:00 p.m. - 10:30 p.m. Pad %1
(b)
provide the use of adequate lighting, goal nets, public
address system, t~me clocks, player benches, penalty benches,
goal judge's lights, Canadian flag and dressing rooms for
teams;
provide the Club with the use of two (2) rooms on game nights,
exhibition games and practices;
{d)
provide the Club with an equipment lock-up room of adequate
size;
(e) provide the use of the arena ticket booth on game nights;
provide the use
this Agreement,
of future games;
of an area on game nights during the term of
for the sale of programs and for promotions
(g) provide clearly marked ice at all times;
(n)
(i)
provide the O.H.A. Refereeing Officials with a dressing room
on game nights with adequate washroom and shower facilities
together with first aid supplies and equipment;
maintain the snack bar during games as a service to the
public.
(a)
The term of this Agreement insofar as it relates to the use
of the ice hockey facility known as Pad #1 shall be from
October 1st, 1982 to February 28th, 1983.
(b)
The term of this Agreement insofar as it relates to the use
of the ice hockey facility known as Pad #2 shall be from
August 1st, 1982 to February 28th, 1983.
(c)
The term of this Agreement insofar as it relates to the use
of the ice hockey facility known as Pad #1 and Pad #2 shall
be extended from and after February 28th, 1983 on a week to
week basis but not after April 30th, 1983, should the Club be
involved in the O.H.A. Junior Hockey playoff schedules during
March or April, 1983.
(d)
The Club shall have the option to renew this Agreement for
the 1983/1984 season subject to the imposition of such terms
and conditions as may be agreed upon between the Parties
prior to September 1st, 1983.
The Town's obligations pursuant to this Agreement shall be depend-
ent upon the availability of a satisfactory ice surface during the
designated ice hockey facility use times. The Club shall not hold
the Town responsible, and the Town shall not be liable to the Club
in any manner for the lack of ice hockey facility use time result-
ing from the Town's inability to provide an appropriate ice surface
as a result of acts of God, mechanical failure or other circum-
stances beyond the Town's control.
It is acknowledged and agreed that, pursuant to Council Resolution
47/80, the Town has granted permission to the Durham Regional
Police Force to utilize the Don Beer Sports Arena in the event of
an emergency situation arising within the Town and the Club hereby
agrees to cooperate with the Town and the Force should such util-
ization of the Arena be deemed necessary by the Force, and further,
that the Bluc shall not hold the Town responsible, and the Town
shall not be liable to the Club in any manner, for any lack,
can'cellation or abbreviation of ice hockey facility use time
resulting from any such utilization.
This Agreement and everything contained herein shall enure to the
benefit of and be binding upon the Parties hereto and their suc-
cessors and assigns.
IN WITNESS WHEREOF, the Parties hereto have affixed their respective
corporate seals, attested by their officers duly authorized in that
- 4 -
behalf.
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk
THE PICKERING PANTHERS JUNIOR HOCKEY, INC.
President
Secretary