HomeMy WebLinkAboutOES 13-09
City REPORT TO
EXECUTIVE COMMITTEE
PICKERING Report Number: OES 13-09
06 Date: April 14, 2009
From: Everett Buntsma
Director, Operations & Emergency Services
Subject: Pickering Potter's Studio
- Licence Renewal Agreement
- File: A-1440
Recommendation:
1. That Report OES 13-09 of the Director, Operations & Emergency Services be
received;
2. That the Mayor and the Clerk be authorized to execute a licence renewal
agreement to which the Pickering Potter's Studio will be permitted to continue to
operate pottery programs at the Pickering Recreation Complex from April 1,
2009 to March 31, 2012, that is in the form and substance acceptable to the
Director, Operations & Emergency Services and the Chief Administrative Officer.
Executive Summary:
The Pickering Potter's Studio have an existing licence agreement to provide
instructional pottery programs at the Pottery Studio at the Pickering Recreation
Complex. The Pickering Potter's Studio have requested to renew this agreement for a
further three years.
The Operations & Emergency Services Department recommends that a renewal
agreement be initiated with the Pickering Potter's Studio
Financial Implications:
Revenues: 2009 9 months @ $750 per month $ 6,750
2010 12 months @ $750 per month $ 9,000
2011 12 months @ $750 per month $ 9,000
2012 3 months @ $750 per month 2,250
$ 27,000
Report OES 13-09 April 14, 2009
Subject: Pickering Potter's Studio Page 2
Licence Renewal Agreement
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Sustainability Implications:
The exceptional programs for all members of the family enhance the existing Pickering
Recreation Complex and are consistent with the City's mandate to encourage the
development of active, healthy lifestyles.
Background:
On February 20, 2006 Council enacted Resolution #20/06 to authorize the execution of
a licence renewal agreement with the Pickering Potter's Studio to permit the private
operation of instructional pottery programs at the Pickering Recreation Complex.
The pottery programs operated by the Potter's Studio enhances the role of the
Pickering Recreation Complex by providing a creative outlet and environment for a wide
range of residents, young and old, from beginner to expert. Many groups and hundreds
of individuals have benefitted from participating in a variety of affordable courses
offered. This business is owned and operated by Guida Pirita.
The Director, Operations & Emergency Services and Division Head, Culture &
Recreation recommend that a renewal agreement be initiated with the Pickering
Potter's Studio to ensure the pottery programs can continue operation.
The renewal agreement allows the Pickering Potter's Studio to continue to provide
instructional pottery programs at the Pickering Recreation Complex for a term of three
years at a rental rate of $750 per month.
Attachments:
1. Licence Agreement dated April 1, 2009.
CORP0227-07/01 revised
Report OES 13-09 April 14, 2009
Subject: Pickering Potter's Studio Page 3
08 - Licence Renewal Agreement
Prepared By: Approved/Endorsed By:
Sharon ilton Everett Bu sma
Supervisor, Facility Programs Director, Operations & Emergency Services
Stephe 0l
Division Head, Culture & Recreation
SR:lg
Copy: Chief Administrative Officer
(Acting) Chief Administrative Officer
Director, Corporate Services & Treasurer
City Solicitor
Recommended for the consideration
of Pickerin City Council
VV7
Thomas J. ui , RDMR, M III
Chief Administrative Officer
CORP0227-07/01 revised
a"iA$.,ia's+ oc's (S-o9
pace i of 5
THIS LICENCE AGREEMENT is made as of April 1, 2009.
BETWEEN:
GUIDA PIRITA, carrying on ~10,
business as the Potters Studio'
(the "Potters Studio")
- and -
THE CORPORATION OF
THE CITY OF PICKERING
(the "City")
WHEREAS the City owns the Pickering Recreation Complex located at 1867 Valley
Farm Road in the City of Pickering which contains a pottery classroom, glaze room and
kiln room (collectively, the "Pottery Facilities"); and
WHEREAS the Potters Studio wishes to use the Pottery Facilities for the purpose of
operating a pottery studio; and
WHEREAS the City is prepared to grant a licence to the Potters Studio to use the
Pottery Facilities for such purpose on the terms set out in this Licence.
NOW THEREFORE the City and the Potters Studio agree as follows:
Licence
1. The City grants to the Potters Studio a licence to occupy and use the Pottery
Facilities for the purpose of operating a pottery studio.
Term
2. The term of this Licence shall be three (3) years commencing April 1, 2009 and
ending March 31, 2012 unless terminated earlier in accordance with the
provisions of this Licence.
3. Either the Potters Studio or the City may terminate this Licence prior to the expiry
of the term by giving 90 days written notice to the other.
Fees
4. During the term, the Potters Studio shall pay to the City the fixed sum of
$9,000.00 (plus GST) per annum in equal monthly payments of $750.00 (plus
GST) payable on the 1st day of every month.
2~ aF s
5. The Potters Studio shall provide post-dated cheques prior to the beginning of the
term and prior to the beginning of each calendar year thereafter, payable to the
City, in the amount set out in Section 4.
Operation
6. The Potters Studio shall,
(a) comply strictly with all applicable laws, by-laws, rules and regulations
governing the operation of the Pottery Facilities;
(b) only operate the Potters Facilities during the times and on the days
agreed to by the City;
(c) provide and pay for all personnel and supplies required for its purposes;
(d) obtain all necessary permits, licenses and approvals that may be required
in connection with the operation of the Pottery Facilities; and
(e) maintain the Pottery Facilities in a clean, sanitary and attractive condition
satisfactory to the City throughout the term and, at the end of the term,
repair or replace any damages to the Pottery Facilities save and except
reasonable wear and tear.
7. The Potters Studio shall keep and maintain the Pottery Facilities and all
equipment owned by the City and set out below in a state of good maintenance,
cleanliness and repair:
ITEM(S) SERIAL NUMBER
7 Shimpo Pottery Wheels 0830829
1 Triple Beam Scale 0830858
Firecraft Kiln (Model BX 28270) 026642
Firecraft Kiln (Model BX 23270) 057017
Firecraft Kiln (Model BX 23270) 057016
4 Ware Trucks 0839860
1 20" Slabroller Dual Roller Dr. 0850622
1 Ware Truck - (8.5 shelves) 0860139
1 Glaze Screen (100m) 0870174
1 Bluebird Pottery Mixer N/A
3 P.S.H. Wheels N/A
3 Shimpo RK10 Wheels N/A
1 Lighted Display Case (with glass doors and shelves) N/A
4 Motorized Kickwheels N/A
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~Ck, aF.. S 1 1
8. The Potters Studio shall be responsible for maintenance of its own property and
equipment.
9. The City reserves the right to close all or parts of the Pottery Facility as required
for maintenance from time to time. The Potters Studio shall have no right to
claim for any losses or damages arising from such closures by the City.
10. The City assumes no responsibility to the Potters Studio for the temporary or
unavoidable interruption of the supply of electrical power, heat or other utilities
due to any cause whatsoever. The City shall use reasonable diligence to restore
any such services whenever they are interrupted.
Insurance
11. The Potters Studio, at its own expense, shall provide,
(a) comprehensive general public liability insurance, identifying the City
as an additional insured, including coverage for personal injury,
contractual liability, non-owned automobile liability, death and
property damage, on an occurrence basis with respect to the
business carried on at the Pottery Facilities and the Potters
Studio's use and occupancy of the Pottery Facilities with coverage
for any one occurrence or claim of not less than $2,000,000, which
insurance shall protect the City in respect of claims by the Potters
Studio as if the City was separately insured; and
(b) a certificate of insurance coverage in a form satisfactory to the City,
which insurance coverage shall be kept in full force and effect
throughout the term.
12. The Potters Studio shall not do or omit or permit to be done anything that causes
any insurance premium of the City to be increased, and if any insurance
premium shall be so increased, the Potters Studio shall pay to the City forthwith
upon demand the amount of such increase. If notice of cancellation or lapse
shall be given respecting any insurance policy of the City or if any insurance
policy shall be cancelled or refused to be renewed by an insurer by reason of the
use or occupation of the Pottery Facilities, the Potters Studio shall forthwith
remedy or rectify such use or occupation upon being requested to do so in
writing by the City and if the Potters Studio shall fail to do so the City may, at its
option, terminate this Licence forthwith by notice to the Potters Studio and the
Potters Studio shall immediately vacate the Pottery Facilities.
Liability and Indemnification
13. The City shall not be liable to the Potters Studio for any loss of or damage to the
Pottery Facilities or any equipment or inventory in it, whether caused by fire,
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ATTACHMEN E I ces 13-09 fcAx theft, burglary or otherwise, unless such loss or damage was caused by the
negligence of the City, its servants, agents or employees.
14. The Potters Studio shall indemnify the City and each of its servants, employees
and agents from and against all actions, suits, claims and demands which may
be brought against any of them, and from and against all losses, costs, charges,
damages and expenses which may be sustained by any of them as a result of
the Potters Studio's use and occupation of the Pottery Facilities.
Default
15. If at any time the Potters Studio is in default in the performance of any of the
obligations under this Licence and such default continues for 15 days after the
receipt by the Potters Studio of notice from the City setting out the particulars of
such default, the City shall have the right to terminate this Licence forthwith and
thereupon all the rights of the Potters Studio under this Licence shall
immediately cease and the City shall not be liable for payment to the Potters
Studio of any moneys whatsoever by reason of such termination.
General
16. The City shall have the right to enter the Pottery Facilities at any time for any
reason provided all reasonable efforts are made to minimize any disruption to
the Potters Studio's use of the Pottery Facilities.
17. The Potters Studio shall not exhibit or allow to be exhibited any sign, notice,
notice board, painting, design or advertisement without the prior consent of the
City.
18. The Potters Studio shall not alter, add to or vary in any way any part of the
Pottery Facilities without the prior approval of the City.
19. This Licence shall not be assignable by the Potters Studio without the consent of
the City, which consent may be arbitrarily refused.
20. This Licence shall ensure to the benefit of and be binding upon the parties and
their respective successors and permitted assigns.
21. No amendment to this Licence shall be effective unless it is in writing and signed
by both parties.
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i .BhCP-Ei',tr~' I ~~S t3- OCI
22. (1) Any notice to the City under this Licence shall be in writing and shall be
delivered to the following address:
Pickering Civic Complex
One The Esplanade
Pickering, ON L1V 6K7
Attention: City Clerk
(2) Any notice to the Potters Studio under this Licence shall be in writing and
shall be delivered to the following address:
422 Meadowvale Road
Scarborough, ON M 1 C 1S5
Attention: Guida Pirita
(3) Notice shall be sufficiently given if delivered in person or sent by
registered mail or sent by facsimile transmission during normal business
hours on a business day.
(4) Each notice sent shall be deemed to have been received on the day it
was delivered or on the third business day after it was mailed.
(5) The parties may change their address for notice by giving notice to the
other in the manner provided in this Section.
IN WITNESS WHEREOF the City and the Potters Studio have signed this Licence.
Guida Pirita
THE CORPORATION OF THE CITY OF
PICKERING
David Ryan, Mayor
Debi A. Wilcox, Clerk
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