Loading...
HomeMy WebLinkAboutBy-law 5141/97REPEALED BY 'REPEALS . AMENDED BY , ~ AMENDS DISPOSITION BY-LAW NUMBER 51.4 ~./9 7 Being a by-htw to authorize the execution of an Agreement with Street Level Media Inc. respecting advertising on arena boards and ice surfaces. WHEREAS pursuant to ~he provigions of the predecessor of section 2 of the Community Recreation Centers Act, R.S.O. 1990, chapter c.22, the Council of the Town of Picketing enacted By-law 2662/88 on February l, 1988, establishin8 certain facilities, including the Don Beer Sports Arena and the Town of Picketing Recreation Complex, as coaununity recreation Centers to be operated by the Town in accordance with the Act; 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 an Agreement with Street Level Media Inc., substantially in accordance with the form attached hereto as Schedulg A, respecting the placement of advertising on arena boards and ice surfaces as the Don Beer Sports Arena and the Town of Pickering Recreation Complex. By-law read a first, second and third time and finally passed this 17th day of November, 1997. ' ,JIM R ; . THIS EMENT made this .2-"'d day of October, 1997 STREET LEVEL MEDIA INC., (herein referred to as the "Company") O~ THE FIRST P~T -and- THE CORPORATION OF THE TOWN OF PICKERING, (herein after referred to as the "Town") OF THE SECOND PART Whereas pursuant to the provisions of the predecessor of section 2 of the Community Recreation Centers Act, R.S.O. 1990, chapter C.22, the Council of the town enacted on February 1, 1988, By-Law 2662/88, establishing certain facilities, including the Don Beer Sports Arena and the Town of Pickering Recrea=ion Complex, as community recreation centers to be operated by the Town in accordance with the Act; NOW THEREFORE THIS AGREEMENT WITNESSETH THAT, in consideration of the sua% of $2.00 now paid by each party to the other, receipt of which is hereby acknowledged, the parties hereto agree as follows: 1. In this agreement, the term, (a) "Complex Arena" means that portion of the Town's Recreation Complex at 1867 Valley Farm Road, Pickering, used for ice skating and ice hockey purposes, whether or not it is actually being used for the purposes at any time; (b) "Don Beer Arena" means those portions of the Town's Don Beer Sports Arena at 940 Dillingham Road, Pickerinq, used for ice skating and ice hockey purposes, whether or not they are actually being used for the purposes at any time; (c) "arena boards" means the playing surface side of the boards surrou.nding Ice Pads 1 and 2 at the Don Beer Arena and Ice Pads 1 and 2 at the Complex Arena. (d) "In-Ice Area" means any part of the playing surface of Ice Pads 1 and 2 at the Complex Arena and Ice Pads 1 and 2 at the Don Beer Arena that does not encun%ber any other markings placed on the ice which are required for sporting activities. 2. The Town hereby grants to the Company the exclusive right to place advertisements in 2.4 metre lengths on the arena boards and in the In-Ice Area, not to exceed a maximum of 9 square metres, from October 1st, 1997 to ~4~ril 30th, 2000. : 3. The Company shall supply, at no cost to the Town, all ~ labour, materials, tools, equipment, appliances, travel and freight to perferm the service herein described to : : implement its right to advertise on Town arena boards and ~ ~ ." In-ice. ~ve=t!sements placed on the arena boards shall be made oF a water resistant substance capable of withstanding the nor.~al wear and tear associated with such arena boards, without tearing or being damaged in such a manner as to affect adversely the surface of either the arena boards or the ice surface. 5. In-Ice Advertisements shall be =ads of a substance which will not adversely affect the ice surface or any portion thereof, including the concrete floor beneath the ice. The Company shall place all advertisements at its own cost and at a time or times and in a manner or manners satisfactory to the Town. 7. All advertisements shall remain the property of the Company, despite the fact that they are affixed to Town's pzemises. 8. (1) No advertisement placed on the Town's premises pursuant to this agreement shall advertise, promote or mention in any way, (a) cigarettes, cigars or any other tobacco products (b) liquor, wine, beer or any other alcoholic beverage (c) soft drinks, fruit drinks, potable waters, flavoured milks or any other non-alcoholic beverage including any syrup and preparation from which they may be made, except those which from time to time are manufactured and sold or distributed and sold by Coca Cola Ltd. (d) Advertising advocating the candidacy of an individual or the name of a political party. (2) Any advertisements to be placed In-Ice or on the arena boards shall be of moral and reputable character and the Company shall forthwith remove from any arena board or In-Ice any advertisement that the Town, in the reasonable exercise of its discretion, desires removed. (3) The Town will not accept advertising of questionable taste or which is irritating in its content or method of presentation. (4) Advertising must be free from offensive references or racial matters. (5) Advertising calling for the advocacy of, or opposition to, a political point of view, policy or action is prohibited. A~vertising which tends to disparage a candidate o~ party or cause will not be allowed. (7) Advertising informing the public of the specifics il relating to a meeting, ga~he=ingor event will be ~:' permitted i~ the informa~ion is confined to subject, name of speaker, location, date and time of the event. ideology, ethic, point of v£ew. policy or action. which in the opinion of the ?own is prejudicial to o~her rel~gio~ groups or offens£ve to users of the community cen~ers~ is no~ permitted. advertising will be pe~mitted if the info~mation is designed to promote a specific meeting;, gathering or eve~, if the i~o~tion i~ confined to subject, name of speaker, location, da~e and time o~ event. (~) Although the Town is guided by the Canadian Code of Advertising Standards, the Town is the sole and final arbite~ in all m~tters relating ~o the Don Beer Arena and Complex Arena advertising acceptance. The Town may re,use or order ~he removal of any message, at any time, at its discretion. (~0) The Company shall indemnify and save the Town harmless against any and all claims for damages and from all liability, loss and expenses arising from, or caused by an alleged libelous or obscene advertisement or notice or any alleged copyrighted matter in any advertisement notice. 9 (!) For the right hereby granted to it, the Company shall pay to the Town the following amounts for arena boards and in-lee ads, plus GST; for each of the four ice pads as listed below; which the company has installed at any time during the term hereo~ and for which the Company is receiving revenue; FACILITY ~INK BOARDS IN-ICE ADS Complex arena "A" $~O/MTH $360/YR $~BO/SEASON Complex Arena "B" SZO/MTH $240/YR $120/SEASON Don Beer Arena "A" $25/MTH $300/YR $150/SEASON Don Beer Arena "B" $1S/MTH $180/YR $ 90/SEASON (2) The payment of amounts payable by the Company under subsection (1) shall be made in quarterly installments, commencing on the 15th day of January, 1998. (3) If default of any payment to the Town shall continue for a period of thirty days from written notice to the Company of such default, the Town may elect to terminate the agreement and remove all advertising from the arena boards and In-Ice Areas. 10. The Company agrees that in the performance of this Agreement it will abide by the terms hereof from which no change, alterations, or modification shall be made or binding upon the Town unless authority has been given by the Town in writing to the Company. ll. The Company ~grees to ~ndemnify and ~ave harmless the Town fo~ al~ &ct~ons~ euits~ c~s£me~ demands and costs arising by reason of injury or de&th to any person resulting from the work herein described. 12. The Company will render the Town free from any liability which m£ght arise from any breach of the municipal, provincial or federal regulations, ordinances, by-laws and laws and from any debts or obligations contracted by the Company or irs employees in conjunction with =he performance of this aqreement. 13. (1) The Company agrees to maintain during the term of this agreement the following insurance with insurance companies satisfactory to the Town: (a) Comprehensive liability insurance which shall include contractual liability coverage for liability including claims that might be brought against the Town by any employee of the Company or any sub-contractor and Company's protective coverage for all sub-contracted operations; and (b) Advertiser's liability insurance which shall include contractual liability coverage for liability including claims arising out of libel, slander, unauthorized use of ideas or other material, invasion of privacy. (2) Each insurance policy shall provide a combined ~ingie limit of at least one million dollars ($1,000,000) for any one occurrence or accident for all claims arising out of personal injuries (including death) and damage to the property of others and shall include the name of the Town as a named insured. (3) Prior to the commencement of the agreement, the Company shall furnish the Town with an original certified copy or certificate of each policy with an undertaking from the insurance company that such insurance will not be canceled or reduced in coverage without thirty days (30) prior written notice by registered mail to the Town. Should the Town be of the opinion that the insurance taken by the Company is inadequate in any respect for any reason whatsoever, it shall forthwith advise the Company of such an opinion and the reasons therefor. The Company shall forthwith take out insurance of a character satisfactory to the Town. The taking out of the insurance as aforesaid shall not relieve the Company of any of its obligations under the agreement. 14. 1) Any notice, docu/nent or other com/~unication required or permitted to be given hereunder shall be in writing and shall be sufficiently given if sent by prepaid mai] or delivered, (a) in the case of the Company, to The President Street Level Media Inc. Unit lB 20 Steelcase Road West Markham, Ontario L3R lB2 (b) ~n ~1~ cale o~ The Tc~nC~erk Tht CorportC~on o~ the To~n ot P~ckec~ng P~ckor~ng, (2} Eoch potty ~ re-deo~gnate the person o~ the doc~ent ot other c~cat~on aha~ be g~ven by g~v~ng vt&tten not,ce to the othec ~n acco~ce ~th th~ ~ect~on. (3) ~y not,ce, doc~ent accordance ~th th~s ~ect~n ~ha~ be de~d to have been g~ven on the t~cet bu~nes~ day ~o~o~g the day ot the ~ng ot the the c~ae m3y be, 14. Should a dxspute atsse fzom the te~me and condstsons of th~s agree~nt regarding meaning, intent or ~iguity, the decision of the Town 15. Upon the expire o~ the term of this agreement or any renewal thereof, the Company agrees to remove all advertisements placed by it withsn 30 days. If such advertisements ate not so removed, the Town may do so charging the Company wzth ali reasonable expenses doing. 16. (1) This agreement and everything here~n contaSned shall extend to, b~nd and ShUtS to the benefit of the parties hereto. (2) This agreement Ss not asssgnable, :n whole or in part, without the wrstten cons%hr of both parties, such consent not to be unreasonably withheld. IN WITNESS WHEREOF, the parties hereto have hereunto affixed thei= respective corporate seals, duly attested by their proper authorized officers. SZ~D ~D ~ STPU_ET LEVEL MEDIA INC. John W. Hethrington, President Andrew Hethrington, Vice President THE CORPORATZOH OF THE TOWN OF I~ZCK~