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HomeMy WebLinkAboutOES 28-04PICKERING REPORT TO EXECUTIVE COMMITTEE Report Number: OES 28-04 Date: September 28, 2004 Richard W. Holborn, P. Eng Division Head, Municipal Property & Engineering Subject: Pickering/Ajax Italian Social Club Renewal of Licence Agreement Centennial Park, Brock Road Recommendation: That Report OES 28-04 regarding the extension of the Licence Agreement between the City of Pickering (Owner of Centennial Park located on Block 92, Plan 40M-1440) and the Pickering/Ajax Italian Social Club be received; and that That Council consider the request from the Pickering Ajax Italian Social Club to renew the Licence Agreement for an additional five years for the purposes of a meeting place for the Club's members and the sole beneficial Owner of a portable building which the Club has placed in Centennial Park for the exclusive use by the Club subject to the terms and conditions as set out in the Licence Agreement and that 3. The Mayor and City Clerk be authorized to renew the Licence Agreement between the City of Pickering and the Pickering/Ajax Italian Social Club, Executive Summary: The Pickering/Ajax Italian Social Club has requested in writing that the City authorize the extension of their Licence Agreement for an additional ten years. Staff have discussed the request with representatives of the Club and both parties have agreed to revise the request for an additional five year term. This licence agreement generally reflects the elements of the previous agreement. Financial Implications: The Pickering/Ajax Italian Social Club is responsible for all costs associated with the maintenance and operations of the club-related facilities. The agreement requires the Club to provide a $2000 security, as well as a certificate of insurance. Report OES 28-04 Subject: Pickering/Ajax Italian Social Club Renewal of Licence Agreement Date: September 28, 2004 Page 2 Background: In October 1999, the Pickering/Ajax Italian Social Club requested permission to erect a portable structure to be placed in Centennial Park and be used for the purpose of storage of equipment related to the use of the bocce courts located within the park, and for the purpose of a meeting place for members of the Club while using the bocce courts. On March 6th, 2000 the City of Pickering passed by-law 5625/00 for the placement of the portable structure owned by the Club for their use as set out under the terms and conditions of the Licence Agreement for a period of a five year term expiring on November 15, 2004. On June 21, 2004, the Pickering/Ajax Italian Social Club have requested in writing that the City authorize the extension of their Licence Agreement for an additional ten years. Staff have discussed with representatives of the Club and both parties have agreed to revise the request for an additional five year term. This licence agreement generally reflects the elements of the previous agreement. Attachments: 2. 3. 4. Letter from Pickering Ajax Italian Social Club Location Map Schedule "A" (Licence Agreement) By-law Prepared By: Ric~rd W. Ho~orn, P. Eng. D,j,~isio n Head unicipal Property & Engineering RH:ds Attachments Copy: Chief Administrative Officer Recommender the/~onsideration of Pickerin~ Thomas J. Q~nn, Ch~ Administrative Officer CORP0227-07/01 AE pp~verett B,dhtsma._. Director, Operations & Emergency Services STELLE PAINTING I O~ c~arr, ept, ~eem~ cemv~qc~ N~,e~t~e~ I5~h, 2~[~3 ~evJ ~t ,expi~e.~ We h~¥~ taken g~eat ~kte i~j our o~g~e~4on, &.e~efl:~e keepi~ ~ g~:4.~s c~e~,n ,~r.v.] f~ee f~om.ait g~hage, T~:'!~.5-Yr09-i25t -~.y: 90'5-'.5~425t OPERATIONS & EMERGENCY SERVICES DEPARTMENT MUN[GIP^L PROPERTY & ENGINEERING DIVISION SCALE: DATE: 1: 2000 SEPT 29/2004 LOCATION OF LICENCE AGREEMENT PICKERING AJAX ITALIAN SOCIAL CLUB L.'\MP&E\?HEMATIC MAPPING\MAP$\$?REET BA£E\OE&S DIReCTOR\ATTACHMENT FOR REPORT\ THIS LICENCE AGREEMENT made pursuant, 'to the provisions of Section 110 of the Municipal Act, 2001, chapter 25 as of the 15th day of November 2004. BETWEEN: PICKERING AJAX ITALIAN SOCIAL CLUB (hereinafter called the "Club") OF THE FIRST PART, and THE CORPORATION OF THE CITY OF PICKERING (hereinafter called the "City") OFTHESECOND PART. WHEREAS the City is the Owner of Centennial Park located on Block 92, Plan 40M- 1440, Pickering; AND WHEREAS the Club is a legally incorporated non-profit association which operates bocce courts located in Centennial Park for the benefit of its members; AND WHEREAS the Club is the sole beneficial Owner of a portable building which the Club has placed in Centennial Park for exclusive use by the Club, subject to certain terms and conditions; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and agreements contained herein, the Parties hereto agree as follows: The parties hereto acknowledge and confirm that the recitals contained herein are true in substance and in fact. In this Agreement, the term, (a) "Department" means the City's Operations and Emergency Services Department; (b) "Park" means that portion of Centennial Park located on Block 92, Plan 40M-1440, Pickering, as set out by hatched lines on the sketch attached hereto and marked as Schedule A to this agreement; (c) "Portable" means the portable building being approximately 25 feet wide by 35 feet long, owned by the Club. The City grants to the Club the exclusive use of that portion of the Park as outlined in Schedule A attached hereto, for the period: November 15th, 2004 to November 15th, 2009 hereinafter called the "Term" and only between the hours of 8:00 a.m. and 11:00 p.m., Monday through Sunday, throughout the Term. 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 Dark and the Portable and the conduct of the businesses of the Club and of the City, including but not limited to all applicable health and safety regulations governing the conduct and operation of the Park. The Club shall, deposit with the City, before the beginning of the 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 respect of injury to or death of one or more persons, or of damage to property, in a form satisfactory to the City; indemnify the City for any costs, claims or damages from any loss, damage or injury, 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; keep the Portable in good repair and maintain the Portable and lands surrounding the Portable at a high level of cleanliness; use the Portable for storage of equipment related to the use of the bocce courts located within the Park and for the purpose of a meeting place for members of the Club while using the bocce courts; ensure that it uses the Portable only during the operating hours of 8:00 a.m. to 11:00 p.m., Monday through Sunday, in each calendar year throughout the Term; refrain from serving alcohol or allowing the consumption of alcohol within or around the Portable unless the required liquor licence/permit necessary to permit the sale of alcohol for special occasions has been obtained by the Club; supply electrical power and heat to the Portable, at its own expense; obtain the approval of the City's Director, Operations and Emergency Services before altering, adding to or varying in any way all or any part of the Portable; 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 Pickering Council; refrain from interfering with the enjoyment of the Park by any member of the public; keep the City free from any costs originating from or associated with the Club's operation or the operation of the Club's programs in the Portable; permit the City, 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; provide one handicap accessible portable washroom (to comply with the Building Code) at the Park for the months of April to November inclusive, for each year of the Term at the Club's expense; clear snow and ice from the Portable steps, parking areas, driveway and from any walkways leading to the Portable which is being used by the club members, at its own expense. 10. 11. remove the Portable from the Park at the end of the Term; and leave the Park in a neat, tidy and clean condition at the end of the Term, and immediately repair or replace any damages to the Park from the placement or removal of the Portable from the Park; The Club shall provide the City, 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 City in such amounts, and at such .times as the City, 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 City's satisfaction. The City shall also be entitled to draw upon the security to cover any costs incurred by the City in removing the Portable from the Park, disposing of the Portable and restoring the Park, should it become necessary for the City to do so as a result of a breach of this Agreement by the Club, or in the event that .the Club abandons the Portable at the end of the Term. The City 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, theft, burglary, or by the removal of the Portable damaged by the City or otherwise. 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 City shall not be liable for any loss or damage thereto however occurring and the Club releases the City from all claims and demands in respect of any such loss or damage. The Club shall assume all liability and obligation for any and all loss, damage, or injury, 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 indemnify and save harmless the City from and against all such loss, damage, or injury and all actions, suits, proceedings, costs, charges, damages, expenses, claims or demands arising therefrom or connected therewith. (a) Notwithstanding the provisions of this Agreement,. either party may terminate this Agreement upon thirty (30) days prior written notice to the other. (b) Notice of early termination may be given by personal delivery or registered mail, (i) in the case of the Club, to The Pickering Ajax Italian Social Club, cio 104 Twyn Rivers Drive, Pickering, ON L1V 1E2, Attention: Susan Conte; and (ii) in the case of the City, to The City Clerk, The Corporation of the City of Pickering, Pickering Civic Complex, One The Esplanade, Pickering, Ontario, L1V 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 notice 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. (a) This Agreement is not assignable by the Club without the prior written consent of the City, which consent may be arbitrarily withheld. This Agreement shall enure to the benefit of and be binding upon the Parties hereto and their respective heirs, administrators, executors, successors and assigns. IN WITNESS WHEREOF the persons comprising the Club have hereunto affixed their hands and seals and the City has hereunto affixed its corporate seal, attested 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 CITY OF PICKERING David Ryan, Mayor Bruce Taylor, City Clerk I:\Lease Agreements\PICKERINGAJAX_tTALIAN CLUB2004.doc THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a by-law to authorize the execution of the renewal of a Licence Agreement between the Pickering/Ajax Italian Social Club and the Corporation of the City of Pickering respecting the portable structure owned by the Club on that portion of Park located on Blobk 92, Plan 40M-1440 for the purpose of storing equipment and for the purpose of a meeting place for members of the Club. WHEREAS pursuant to the provisions of Section 110 of the Municipal Act, 2001, chapter 25, the Council of The Corporation of the City of Pickering deems it desirable to enter into the renewal of a Licence Agreement, respecting the use 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 for 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 CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute the renewal of a Licence Agreement between the Pickering/Ajax Italian Social Club and The Corporation of the City of Pickering for the purpose of using the portable building as a meeting place for the Club's members as set out in the terms and conditions in Schedule "A" attached for the period of November 15th, 2004 to November 15th, 2009. BY-LAW read a first, second and third time and finally passed this 2004. day of David Ryan, Mayor Bruce Taylor, Clerk CORP0223-07/01