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~