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Home My WebLink AboutBy-law 1151/80THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1151/80 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 purposes during the hockey season 1980-1981; NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE TOWN' OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute 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 1980-1981. BY-LAW read a first, second and third time and finally passed this 7th day of July, 1980. TOWN PICKER] F G APPROU D AS TO F M LEGAL D F. Schedule "A" to By-law 1151/80 THIS AGREEMENT made this day of BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" , 1980. OF THE FIRST PART, - and - 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 consid- eration 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: 1. The club shall: (a)' pay a fee to the Town of $35.00 per hour for all practices, and $45.00 per hour for play- off, regular season and exhibition 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 September 1st, 1980; (d) make all fee payments one week in advance; (e) 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; - 2 - 2. 3 (f) 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 facil- ity use time shall be at the rates estab- lished by this Agreement and the Town shall be notified of such alterations in advance; (g) keep the Town free from any costs origina- ting from the O.H.A.; (h) ensure that games conclude by 10:30 p.m. to enable the continuation of the Town ice rental program; (i)' indemnify the Town for any costs, claims or damages resulting from any loss, damage or injury (including loss of life) to any per- son 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 - 9:30-11:00 p.m. Pad #2 Wednesday - 'Practice Time.- 9:30-11:00 p.m. Pad #1 Friday - Game Time - 7:00-10:30 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, time clocks, player benches, penalty benches, goal judges lights, Canadian flag and dressing rooms for teams; (c) provide the Club with the use of two (2) rooms on game nights, exhibition games and practices; (?) provide the Club with an equipment lock-up room of adequate size; (e) provide the use of the arena ticket booth on game nights; - 3 - (f) provide the use of an area on game nights during the term of this Agreement, for the sale of programmes and for promotions of future games; (g) provide clearly marked ice at all times; (h) 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 equip- ment; (i) maintain the snack bar during games as a service to the public. 4. (a) The term of this Agreement insofar as it relates to the use of the ice hockey facil- ity known as Pad #1 shall be from October 1st, 1980 to February 28th, 1981. (b) The term of this Agreement insofar as it relates to the use of the ice hockey facil- ity know as Pad #2 shall be from September 1st, 1980 to February 28th, 1981. (c) The term of this Agreement insofar as it relates to the use of the ice hockey facil- ities known as Pad #1 and Pad #2 shall be extended from and after February 28th, 1981 on a week to week basis but not after April 30th, 1981, should the Club be involved in the O.H.A. Junior Hockey playoff schedules during March or April, 1981. (d) The Club shall have the option to renew this Agreement for the 1981/1982 season subject to the imposition of such terms and conditions as may be agreed upon between the Parties prior to September 1st, 1981. 5. The Town's obligations pursuant to this Agreement shall be dependent 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 resulting from the Town's inability to provide an appropriate ice surface as a result of acts of God, mechanical fail- ure or other circumstances beyond the Town's control. 6. It is acknowledoed 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 co-operate with the Town and the Force should such utilization of the Arena be deemed necessary by the Force, and further, that the Club shall not hold the Town responsible, and the Town shall not be liable to the Club in any manner, for any lack, cancellation or abbreviation of ice hockey facility use time resulting from any such utilization. - 4 -- 7. This Agreement and everything contained herein shall enure to the benefit of and be binding upon the Par- ties hereto and their successors and assigns. IN WITNESS WHEREOF, the Parties hereto have affixed their corporate seals, attested by their officers duly authorized in that behalf. 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