HomeMy WebLinkAboutBy-law 989/79THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 989/79
Being a by-law to authorize the execution
of a Lease Agreement between the Corpora-
tion of the Town of Pickering and Blades
Summer Hockey School Inc. respecting the
use of certain facilities at the Don Beer
Sports Arena and certain other recreational
facilities.
WHEREAS, the Corporation of the Town of Pickering (the
"Town") is the owner and operator of an arena known as the
Don Beer Sports Arena and a swimming pool known as the Dun-
barton Indoor Pool; and
WHEREAS, the Town is the leasehold owner and operator
of a community park known as Bay Ridges Kinsmen Park; and
WHEREAS, Blades Summer Hockey School Inc. wishes to
lease certain of these facilities for the purpose of opera-
ting an ice hockey school; and
WHEREAS, pursuant to the provisions of subsections 1
and 2 of section 336 of The Municipal Act, R.S.O. 1970,
chapter 284, the council of every municipal corporation may
pass by-laws for the leasing of any of its lands and build-
ings;
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 Lease Agreement, in the form attached hereto as
Schedule "A", between the Corporation of the Town
of Pickering and Blades Summer Hockey School Inc.
respecting the use of the Don Beer Sports Arena,
Bay Ridges Kinsmen Park and Dunbarton Indoor Pool
for the purposes of an ice hockey school on week-
days commencing August 20th, 1979 and ending August
31st, 1979, inclusive.
BY-LAW read a first, second and third time and finally passed
this 22nd day of May , 1979.
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LEGAL
SCHEDULE "A" to By-Law #989/79
THIS AGREEMENT made this day of
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKE
hereinafter called the "Town"
OF THE FIRST PART,
- and -
BLADES SUMMER HOCKEY SCHOOL INC.
hereinafter called the "School"
OF THE SECOND PART.
1979.
WHEREAS, the Town owns and operates an arena known as the
Don Beer Sports Arena and certain other recreational facilities
within the Town of Pickering; and
WHEREAS, the School operates an ice hockey school and is
desirous of operating that school in the Town of Pickering in
1979; and
WHEREAS, the Town is prepared to permit the School to use
certain of its recreational facilities for the purpose of oper-
ating such a school, pursuant to certain terms and 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 by each, the Parties hereto covenant,
promise and agree each with the other as follows:
1. In this Agreement,
(a) "ice facility" shall mean and include that
part of the Don Beer Sports Arena known
as ice pad number 2;
(b) "non-ice facility" shall mean and include
that part of the Don Beer Sports Arena
comprising,
(i) five (5) dressing rooms adja-
cent to the ice facility,
- 2 -
(ii) the kitchen and hall above
the dressing rooms referred
to in (i) above, and
(iii) the non-ice surfaces and
hallways required for entry
and exit and connecting the
ice facility with the bal-
ance of the non-ice facility.
2
(a) Subject to compliance with subsection (b)
hereof, the School is hereby permitted by
the Town to use, for the purpose of oper-
ating an ice hockey school,
(i) the ice facility, from 8:30
a.m. to 5:30 p.m. daily,
(ii) the non-ice facility, from
8:00 a.m. to 6:00 p.m.
daily,
on weekdays commencing August 20th, 1979,
until and including August 31st, 1979.
(b) For the permission granted in subsection
(a) hereof, the School hereby agrees to
pay to the Town, by cash or certified
cheque, the sum of,
(i) $1,350.00, on or before June
1st, 1979, and
(ii) a further $1,350.00 on or
before August lst, 1979.
3. (a) The Town shall at all times maintain the
non-ice facility in a neat and tidy manner,
and supply all toilets and washrooms there-
in with adequate towels and tissue.
(b) The Town shall at all times maintain the
ice facility for the playing of ice hock-
ey, spray, freeze, scrape and otherwise
maintain the ice surface at sufficient
thickness and in proper condition and pro-
vide ice facility lighting to Ontario
Hockey Association standards.
4. (a) Should the Town be unable, as a result of
climatic conditions, destruction of the
whole or part of the facilities, failure
of ice-making equipment, interruption of
electrical or water supply, or for any
other reason beyond its control, to pro-
vide the facilities as set out herein,
then in that event the Town shall refund
to the School the amount of $270.00 for
each day that the Town is unable to pro-
vide the services, provided that the School
has previously paid the Town for such ser-
vices.
-3-
(b) Should the facilities be unavailable to the
School for any reason set out in subsection
(a) for 3 or more consecutive week days,
then the School at its option may terminate
this Agreement and in such event the Town
shall refund to the School on a pro rata
basis the unused portion of any monies paid
to the Town hereunder.
5. (a) The School may make use of the tennis, base-
ball and soccer facilities in the Town's
Bay Ridges Kinsmen Park, so long as such use
is co-ordinated through and approved by the
East Shore Community Association.
(b) The School may make use of the swimming
facilities in the Town's Dunbarton Indoor
Pool and no admission charge shall be pay-
able at the time of use.
(c) The Town shall invoice the School in Septem-
ber, 1979, on a per capita basis, at the
Town's then current rate, for the admission
charge attributable to the School's use of
the Town's Indoor Swimming Pool. The School
shall remit to the Town the amount claimed
in the invoice, within 30 days of receipt
thereof.
6. The School shall at all times maintain order in the
facilities and shall provide adequate supervisory per-
sonnel, in the opinion of the Town, and shall be re-
sponsible for the direct supervision of all persons
in the facilities except for personnel employed by
the Town and shall be responsible for any and all
damages done to the facilities during the period of
time the facilities are occupied under this Agreement.
7. The School shall insure the facilities at its own cost
for public liability and property damage to an amount
of at least $500,000.00 and the Town shall be a named
insured in such policy. A certified copy of such pol-
icy shall be provided to the Town on or before July
24th, 1979.
8. In the event of failure on the part of the School to
comply with section 7 hereof or to make payments as
and when they fall due hereunder, then this Agreement
shall be null and void and all payments theretofore
made by the School to the Town shall be forfeited to
the Town and the Town shall be entitled to take action
against the School for any amounts due and owing under
the terms hereof.
9. The School hereby saves harmless and indemnifies 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 in the Town's
facilities used by the School, however such loss,
damage or injury may occur.
- 4 -
10. (a) This Agreement shall not be assignable by
the School and the School shall not be
entitled to transfer any of its rights
hereunder to any third party.
(b) This Agreement and everything contained
herein shall enure to the benefit of and
be binding upon the Parties hereto and
their respective successors.
IN WITNESS WHEREOF the Parties hereto have hereunto
affixed their corporate seals, attested by their officers
duly authorized in that behalf.
SIGNED, SEALED and DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
_ / /" - _ /I. A,QWL_
BLADES SUMMER HOCKEY SCHOOL INC.
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