HomeMy WebLinkAboutBy-law 1209/80THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1209/80
Being a By-Law to authorize the execution
of a Lease Agreement between the Corporation
of the Town of Pickering and Bryon J. Coghlan
and George S. Neil respecting the Don Beer
Arena Pro Shop 1981-1982.
WHEREAS the Corporation of the Town of Pickering is the
owner of the Don Beer Sports Arena and requires a Pro Shop
to be operated therein from January 1st, 1981 to August
31st, 1982;
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
the Lease Agreement attached hereto as Schedule "A"
between the Corporation of the Town of Pickering and
Bryon J. Coghlan and George S. Neil respecting the
leasing of the Don Beer Arena Pro Shop from January
1st, 1981 to August 31st, 1982.
BY-LAW read a first, second and third time and finally passed
this 15th day of December , 1980.
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Clerk
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SCHEDULE "A"
By-Law Number 1209/80
THIS AGREEMLNT made this 15th day of December, 1980.
In pursuance of The Short Forms of Leases Act
B E T W E E N:
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Lessor"
OF THE FIRST PART,
- and -
BRYON J. COGHLAN
and
GEORGE S. NEIL
hereinafter collectively called the "Lessee"
OF THE SECOND PART.
WITNESSETH THAT in consideration of the rents, covenants and
agreements hereinafter reserved and contained on the part of
the Lessee, the Lessor doth demise and lease to the Lessee,
his successors and assigns, certain facilities outlined in
red on the sketch attached hereto and marked as Schedule "A"
located in the Don Beer Sports Arena, in the Town of Picker-
ing, in the Region of Durham, together with all facilities
of ingress and egress required for the use of the facilities
for the purposes of a Pro Shoo.
TO HAVE AND TO HOLD the premises for a period twenty (20)
months commencing on the first day of January, 1981;
YIELDING AND PAYING THEREFOR unto the Lessor the sum of
Four Thousand Dollars ($4,000.00) to be payable at the rate
of Two Hundred Dollars ($200.00) per month in advance com-
mencing on the first day of January, 1981 and continuing
monthly during the term of this Lease.
THE LESSEE covenants with the Lessor to pay rent and the
Lessor covenants with the Lessee for quiet enjoyment Pro-
vided that the Lessor may re-enter on non-payment of rent
or non-performance of any covenant.
THE LESSOR and the Lessee hereby further covenant and agree
as follows:
1. The facilities referred to above shall be used for and
occupied only for the purpose of operating a Pro Shop, and
the Lessee shall not use or permit the facilities to be
used for any other purpose or purposes.
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2. (1) The Lessee shall operate the facilities as a Pro Shop
for the full term of this Lease.
(2) The Lessee shall keep the Pro Shop open to the public
for a minimum of thirty-five (35) hours per week from
January 1st, 1981 to March 31st, 1981, inclusive, and
from September 1st, 1981 to March 31st, 1982, inclu-
sive.
(3) Notwithstanding the provisions of subsection 1 above,
the Lessee shall not be required to open the Pro Shop
to the public from April 1st, 1981 to August 31st,
1981, inclusive and from April 1st, 1982 to August
31st, 1982, inclusive. '
(4) Nothing in this section affects the obligation of the
Lessee to pay rent monthly to the Lessor during the
term of this Lease.
3. The Lessee-covenants with the Lessor that the Lessee shall
provide a skate sharpening machine and that that machine
shall have a self-contained dust disposal unit.
4. The Lessor covenants with the Lessee that the Lessor shall
not compete with the Lessee in the sale of hockey sticks,
tape and laces, provided however that the Lessee consents
to the sale of these items at the snack bar in the Don Beer
Sports Arena.
5. The Lessee acknowledges and agrees with the Lessor that the
Lessee is solely responsible for the rented facilities,
including the maintenance thereof, and for all persons and
property at any time within those facilities. The Lessor
shall not be liable for any loss, damage or injury, includ-
ing loss of life, however occurring, unless caused or con-
tributed to by the neglect or the default of the Lessor.
6. The Lessee shall, at his own expense, arrange and maintain
Five Hundred Thousand Dollars ($500,000.00) of Liability
insurance indemnifying the Town from and against all claims,
demands, loss, costs, damages, actions, suits or other pro-
ceedings by whomsoever made, sustained, brought or prosecu-
ted in any manner based upon, occasioned by or attributable
to anything done or omitted to be done by the Lessee in his
use and maintenance of the rented facilities.
7. Upon termination or expiry of this Lease, the Lessee shall
be free to arrange for the sale of equipment, shelving and
supplies to any new lessee. In the event that no suitable
arrangements are made, the Lessee shall remove his equip-
ment, shelving and supplies without causing any inconven-
ience to staff or patrons and without causing any damage
to the building.
8. The Lessor may terminate this Lease at any time upon thirty
(30) days notice in writing to the Lessee.
9. (1) During the month of June, 1982, the Lessee may apply
to the Lessor for a renewal of this Lease for the
period September 1st, 1982 to August 31st, 1983,
inclusive, subject to the same covenants and agree-
ments as are herein set out, save and except that:
(a) the rent payable shall be increased by 10 per
cent; and
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(b) there shall be no further.renewal provision,
and the Lessor, at its sole option, may grant or refuse to
grant such renewal.
10. This indenture shall enure to and be binding upon the Parties
hereto and their respective successors and assigns.
IN WITNESS WHEREOF the Party of the First Part has hereunto
affixed its corporate seal attested to by its duly author-
ized officers in that behalf, and the persons comprising the
Party of the Second Part have hereunto affixed their hands
and seals.
SIGNED, SEALED & DELIVERED
In the presence of
Bryon J. Coghlan
In the presence of
George S. Neil
THE CORPORATION OF THE TOWN OF PICKERING