HomeMy WebLinkAboutBy-law 5062/97 REPEALED BY ,~
REPEALS .
AMENDED BY , ~
AMENDS
DISPOSITION
THE CORPORATION OF THE TOWN OF P!CKERING :
_BY-LAW NO. 5062/97
Being a by-law to authorize the execution ora Licence
Agreement, jbr the period August 1, 1997 to April 14,
! 998, between The Pickering Ajax Italian Social Club
and the Corporation of the Town of Pickering respecting
the placement ora portable structure in ('entennial Park.
WHEREAS, pursuant to the provisions of sections 191 of the Municipal Act, R.S.O. 1990, chapter M.45,
the Council of the Corporation of the Town of Picketing deems it desirable to enter into a Licence
Agreement for the period August 1, 1997 to April 14. 1998, respecting the placement of a portable
structure owned by the Pickering Ajax Italian Social Club within Centennial Park to be used by the Club
for the purposes of storing equipment and tbr the purpose of a meeting place for Club members while
using the bocce courts located within Centennial Park;
NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS
FOLLOWS:
I. The Mayor and Clerk are hereby authorized to execute a Licence Agreement between the
~ Pickering Ajax Italian Social Club and The Corporation of the Town of Picketing for the purpose
of allowing the Club to place a portable structure owned by the Club into Centennial Park, to be
used for the purpose of storing equipment owned by the Club and for the purpose of a meeting
place for the Club's members while using the bocce courts located within Centennial Park, which
agreement shall be prepared substantially in accordance with the form attached as Schedule '~A"
hereto.
BY-LAW read a first, second and third time and finally passed this 5th day of August, 1997.
Wayne Arthurs, Mayor
THIS LIC£NCE AGREEMENT mad0 this 22nd day of July, 1997.
BETWEI~N:
PICKERING AJAX .ri'ALlAN SOCIAL CLUB
(hereinafter called the "Club")
OF THE FIRST PART.
and
THE CORPORATION OF THE TOWN OF PICKERING
(hereinafter called the "Town")
OF THE SECOND PART.
WHEREAS the Town is the Owner of Centenmal Park located on Block 92, Plan 40M-1440,
Picketing;
AND WHEREAS the Club is a legally incorporated non-profit association which operates bocce courts
located in Centenmal Park for the benefit of its members;
AND ¥~rIEREAS the Club is the sole beneficial Owner of a portable structure which the Club wishes
to place in Centennial Park for exclusive use by the Club, subject to certain terms and conditions:
NOW THEREFORE THIS AGREEMENT WITNESS£TH that in consideration of the mutual
covenants and agreements contained herein, the Parties hereto agree as follows:
CONFIRMATION OF RECITALS
1. The parties hereto acknowledge and confirm that the recitals contained herein are tree in
substance and in fact.
DEFINITIONS
2. In this Agreement. the term,
(a) "Departmenf' means the Town's Department of Parks and Facilities;
Co) "Park" means that portion of Centennial Park located on Block 92, Plan 40M-1440,
Picketing, as set out by hatched lines on the sketch attached hereto and marked as
Schedule A to this agreement;
(c) "Portable" means the portable classroom building being approximately 40 feet wide by
60 feet long, owned by the Club.
TERM OF THE LICENCE
3. The Town grants to lhe Club the exclusive right to place the Portable within the Park and tc the
exclusive use of that portion of the Park as outlined in Schedule A attached hereto, for the
period beginning on the 1st day of August' 1997 and ending on April 14, 1998 (hereinafter
called the "Term"). The Portable shall only be used for the purpose of the storage of
equipment related to the use of the bocce courts located wilhin the Park and for the purpose of
a meeting place for members of the Club while using the bocce courts.
Provided there has been no breach of any of the terms or pmvisious of this Agreement by the
Club, as determined solely by the Town's Director of Parks and Facilities, the Club shall have
a fight to renew this Agreement for a further term of five (5) years c~mmencing on the 1Sth
day of April, 1998 and ending on the 15th day of November 2003.
5. The Club shall be entitled to store the Portable on the lands throughout the Term and any
renewal Term. But the parties agree that the Portable will only be used by the Club between
the hours of 8:00 a.m. and 11:00 p.m., Monday through Sunday, commencing April 15 and
ending November 15 in each calendar year throughout the Term and any Renewal Term. The
Club agrees to remove the Portable from the Park and to restore the Park, at the sole cost and
expense of the Club, at the end of the Term or any Renewal Term, as the case may be.
6. Iflt~e Club wishes to renew lifts Agreement after April 14, 1998 it shall request an extension to
the Term, in writing, to the Town on or before November 1, 1997. ff the Town does not agree
to an extension or renewal of this licence on or before November 15, 1997 and if the Club does
not remove the portable within 30 days of being requested to do so in writing by the Town,
then the Town shall be entitled to remove the Portable from the Park and to and dispose of the
Portable at the sole cost and expense of the Club. In such event the Town shall not be liable in
any way to the Club regarding any damages to the Portable.
FEE FOR THE LICENCE
7. The Club shall pay to the Town a fee of $50.00 per annum for the exclusive right to use and
occupy that portion of the Park during the Term and the Renewal Term, such fee being payable
in cash or by certified cheque in the amount of $50.00 per annum, payable on the first day of
August 1997 for the Term. Thereafter the sum of $50_00 shall be due and payable on or before
the 15 day of April, throughout the Renewal Term, commencing on April 15, 1998.
8, The Club agrees to pay to the Town a fee to cover the costs of preparation of this Legal
Agreement in the amount of $200.00.
TERMS AND CONDITIONS OF THF LICENCE
9. The Club, its servants, agents and employees, shall comply strictly with all applicable statutes,
laws, by-laws, orders, rules, regulations and policies governing the operation of the Park and
lhe Portable and the conduct of the businesses of the Club and of the Town, including but not
limited to all applicable health and safety regulations governing the conduct and operation of
the Park.
10. The Club shall,
(a) indemnify the Town for any costs, claims or damages from any loss, damage or inju~,
including loss of life, to any person or property at any time in or near the Portable
however such loss, damage or injury may occur;
(b) provide at its expense and keep in force during the Term, and any renewal Term for the
benefit of the Club and the Town, general liability insurance in respect of injury to or
death of one or more persons, or of damage to property, tn an amount not less than
$1,000,000;
(c) deposit with the Tow~ before the beginning of the Term, and any renewal Term, a
certificate of insurance verifying that a general liability insurance policy in the amount
of at least $1,000,000 is in place in a form satisfactory to the Town;
(d)obtain ~1 necessa~ permits, licences and approvals, including site plan approval ~om
the Town and a building permit prior to locating the Portable in the Park;
: (e) keep the Portable in good repair and maintain the Portable and lands surrounding the
Potable a~ a high level of cleanliness;
(f) leave the Park in a neat, tidy and clean condition at the end of the Term and any
renewal Term as ~he case may be, and immediately repair or replace any damages to
the Park from tho placement or removal of the Portable from the Park.
(g) obtain the approval of the Town's Director of Parks and Facilities before altering,
adding to or varying in any way all or any part of the Portable;
(h) keep the Town free from any costs originating from or associated with the Club's
operation or the operation of the Club's programs in the Por~le;
(i) ensure that it uses the Portable only during the operating hours of 8:00 a.m. to 11:00
p.m., Monday through Sunday, commencing April 15 and ending on November 15 in
each calendar year throughout the Term and any renewal Term;
(j) refrain from serving alcohol or allowing the consumption of alcohol within or around
the Portable unless the required liquor licencedpermit necessary to permit the sale of
alcohol for special occasions has been obtained by the Club;
(k) refrain from interfering with the enjoyment of the Park by any member of the public;
(!) supply electrical power and heat to the Portable, at its own expense;
(m) permit the Town, its servants, agents and employees, to have access to the Portable at
any time during the Term, whether or not the Club is operating, for the purpose of
conducting inspections in the Portable:
(n) shall not advertise or place signage of any kind on the outside of the Portable or in the
windows of the Portable, without the prior approval of Picketing Council; and
(o) clear snow and ice from the Portable steps and from any walkways leading to the
Portable at its own expense.
11. The Club shall provide the Town, prior to the issuance of a building permit and prior to
locating the Portable in the Park, a security in the form of either cash or an irrevocable letter of
credit issued by a chartered bank in Canada in the amount of $2,000. Such security may be
drawn upon by the Town in such amounts, and at such times and the Town, in its sole
discretion deems advisable, for the purpose of maintaining the Portable on the Park should the
Owner fail to maintain the Portable and/or the Park to the Town's satisfaction. The Town shall
also be entitled to draw upon the security to cover any costs incurred by the Town in removing
the Portable from the Park, disposing of the Portable and restoring the Park, should it become
necessary for the Town to do so as a result ora breach of this Agreement by the Club, or in the
event that the Club abandons the Portable at the end of the Term and any Renewal Term.
12. .The Town shall not be liable to the Club for any loss of or damage to the Portable, the Club's
equipment, supplies or products, whether caused by fire, the~ burglary, or by the removal of
the Portable damag.~d by the Town or otherWase.
13. All property of the Club or members of the public at any time on the land shall be at the sole
risk of the Club (or members of the public, as the case may be provided that such member of
the public has voluntarily assumed such risk which transfer or risk shall be the responsibility of
the Club) and the Town shall not be liable for any loss or damage thereto however occurmg
and the Club releases the Town from all claims and demands in respect of any such loss or
damage.
14. The Club shall assume all liability and obligation for any and all loss, damage, or injtu>.,
including death, to persons or property that happens as a result of or arises out of the use and
occupation of the Park by the Club or its members and the club shall at all times indemmfy
and save harmless the Town from and against all such loss, damage, or injury and all actions,
suits, proceedings, costs, charges, damages, zxpenses, claims or demands arising therefrom or
EARLY TERMINATION
15. (a) Notwithstanding the provisions of this Agreement, either party may terminate Otis
Agreement upon prior written notice to the other.
(b) Notice of early termination may be given by personal delivery or registered
(i) in the case of the Club, to The Picketing Ajax Italian Social Club, 1550
Kingston Road, Suite #1001, Picketing, Ontario, LIV 6W9, Attention:
Alessandro Saltarelli; and
(ii) in the case of the Town, to The Town Clerk, The Corporation of the Town of
Picketing, Picketing Civic Complex, One The Esplanade, Picketing, Ontario,
LIV 6K7.
(c) Each party may redesignate the person or the address, or both, to whom or to which
such notice may be given by giving written nOUce to the other.
(d) Any notice given in accordance with this section shall be deemed to have been given on
the second day following the day of delivery or the day of mailing, as the case may be.
ASSIGNMENT, BINDING NATURE AND BENEFIT HEREOF
16. (a) This Agreement is not assignable by the Club without the prior written consent of the
Town, which consent may be arbitrarily vathheld
(b) This Agreement shall enure to the benefit of and be binding upon the Parties hereto and
their respective heirs, administrators, executors, successors and assigns.
lN WITNESS WHEREOF the persons comprising the Club have hereunto affixed their hands and
seals and the Town has hereunto affixed i~s corporate seal, arrested by the hands of its authorized
officers.
SIGNED, SEALED AND DELIVERED
PICKERING AJAX ITALIAN SOCIAL CLUB
I/We have the authority to bind the corporation.
THE CORPORATION OF THE TOWN OF PICKER1NG