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Home My WebLink AboutCR 05-13 e�ty �� Report to '�' Executive Committee � � PICKERING Report Number: CR 05-13 Date: April 15, 2013 From: Stephen Reynolds Director, Culture & Recreation Subject: Solstice Sport Inc. Beach Volleyball - Licence Agreement - File: A-1440 Recommendation: 1. That Report CR 05-13 of the Director, Culture & Recreation regarding the Solstice Sport Inc. Beach Volleyball licence agreement be received; and 2. That the Mayor and Clerk be authorized to execute a revised licence agreement pursuant to which Solstice Sport Inc. will be permitted to operate beach volleyball programs in Diana, Princess of Wales Park from May 1, 2013 to April 30, 2018, that is in the form and substance acceptable to the Director, Culture & Recreation and the Director, Corporate Services & City Solicitor. Executive Summary: Solstice Sport Inc. operates Beach Volleyball programs on five outdoor volleyball courts located in Diana, Princess of Wales Park. The previous licence agreement between Solstice Sport Inc. and the City of Pickering was for the period May 1, 2006 to May 1, 2011. � Solstice Sport Inc. is seeking to execute a revised licence agreement for a new 5 year term from May 1, 2013 to April 30, 2018. Under the terms of the revised licence agreement, Solstice Sport Inc. is responsible to develop-youth and adult beach volleyball programs and to operate them from 8 am to 10 pm, Monday to Sunday from June 1St to mid September each year. Solstice Sport Inc. is also responsible to ensure the courts are kept in a clean and tidy condition and to perform any necessary repairs that result from the use of the beach volleyball courts. The Culture & Recreation Department recommends that a revised licence agreement be initiated with Solstice Sport Inc. to operate beach volleyball programs for the period May 1, 2013 to April 30, 2018. Financial Implications: The revenue to be generated from Solstice Sport Inc. will be $3,000 (plus HST) annually. Report CR 05-13 . April 15, 2013 Subject: Solstice Sport Inc. Beach Volleyball Page 2 Rental revenue will increase annually by $500 (plus HST) over the 2012 annual fee for the Beach Volleyball Courts. Discussion: Solstice Sport Inc. is seeking to enter into a revised licence agreement with the City of Pickering to operate beach volleyball programs on the five outdoor volleyball courts located in Diana, Princess of Wales Park. The previous licence agreement was for the period May 1, 2006 to May 1, 2011. The annual fee within the proposed 2013-2018 licence agreement is $3,000 per year ($600 per court). This is an inflationary increase of$500 per year from the previous , agreement (2006-2011). The beach volleyball facility meets the demand for beach volleyball within the City of Pickering. This facility allows all ages to participate in new and exciting outdoor recreation programs. Programs include organized leagues, tournaments, clinics and camps. The addition of registered beach volleyball programs and leagues for City of Pickering residents is a valuable asset in the summer sports program compliment. It is a unique opportunity for residents who want to continue to play the sport outside of the already programmed fall, winter and spring activity line-up provided by the Culture & Recreation Department. The Director, Culture & Recreation recommends that the revised licence agreement be provided to Solstice Sport Inc. for the period May 1, 2013 to April 30, 2018. Attachments: 1. Draft Licence Agreement for Solstice Sport Inc. (May 1, 2013 to April 30, 2018) 2. Location Map Prepared By: Approved/Endorsed By: � �' -- h��'� Marisa Carpino Stephen Reynolds Manager, Culture & Recreation Director, Culture & Recreation CORP0227-07/01 revised Report CR 05-13 April 15, 2013 Subject: Solstice Sport inc. Beach Volleyball Page 3 . �. . , Paul Bigioni Director, Cor rat Se ices & City Solicitor MC:Ig ' Recommended for the consideration of Pickering City Council , Q.�. Z�a r �/,3 � Tony Pcevedel, P.Eng. Chief Administrative Officer CORP0227-07/01 revised ATTACHMENT#�TO REPORT#C� OS °L � THIS LICENCE AGREEMENT made pursuant, to the provisions of Section 110 of the Municipa/Act, 2001, chapter 25 as of the 1 St day of May 2013 BETWEEN : SOLSTICE SPORT INC. (hereinafter called the "Club") . OF THE FIRST PART, and THE CORPORATION OF THE CITY OF PICKERING (hereinafter called the "City") OF THE SECOND PART. WHEREAS the City is the Owner of Diana, Princess of Wales Park, located at 1550 Diefenbaker Court, Pickering AND WHEREAS the Club is incorporated pursuant to the laws of the Province of Ontario. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows: � 1. The parties hereto acknowledge and confirm that the recitals contained herein are true in substance and in fact. � 2. In this Agreement, the term, (a) °Department" means the City's Culture & Recreation Department; (b) "Park" rneans that portion of Diana Princess of Wales Park as set out by hatched lines on the sketch attached hereto and marked as Schedule A to this agreement; 3. The City grants to the Club the exclusive use of the Park as outlined in Schedule A attached hereto, for the period: May 1, 2013 to April 30, 2018 hereinafter called the "Term" and only between the hours of 8:00 am and 10:00 pm, Monday through Sunday, throughout the Term. 4. The Club, its servants, contractors, subcontractors, agents and employees, shall comply strictly with all applicable statutes, laws, by-laws, orders, rules, �regulations and policies now or hereinafter in force governing the operation of the Park 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. 5. The Club shall, ' (a) be responsible for all costs related to or arising from the five (5) beach volleyball courts; (b) be responsible for all construction, maintenance, repair and operation costs for all five (5) beach volleyball courts throughout the term of this Agreement; (c) 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 $2,000,000 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; (d) ensure that each of its contractors and subcontractors complies with the insurance requirements set out in this Agreement by obtaining similar types of insurance and providing the Club with any policy of insurance or certificate thereof. No subcontract entered into by the Club shall impose any obligation or liability upon the City; (e) indemnify the City from and against any and all costs, claims, liabilities expenses, damages or injuries, including but not limited to any personal injury, loss of life or damage to property occurring at any time in or on the Park, however such loss, damage or injury may occur; (fl keep the beach volleyball courts in good repair and maintain the courts and all lands comprising the Park at a high level of cleanliness; (g) ensure that it uses the beach volleyball courts only during the operating hours of 8:00 am to 10:00 pm, Monday through Sunday, in each calendar year throughout the Term; (h) refrain from serving alcohol or allowing the consumption of alcohol within or around the Park unless the required liquor license/permit necessary to permit the sale of alcohol for special occasions has been obtained by the Club; 2 (i) supply electrical power to the beach volleyball courts if required, at its own expense, provided that in doing so it shall not interfere with any use of any part of Diana, Princess of Wales Park (other than the Park); (j) obtain the approval of the City's Director, Culture & Recreation before altering, adding to or varying in any way all or any part of the Park; (k) not advertise or place signage of any kind on the outside of the beach volleyball courts, or on the fencing surrounding the courts, without the prior approval of the City; . (I) refrain from interFering with the enjoyment of Diana, Princess of Wales Park by any member of the public; (m) indemnify the City from and against any and all costs arising directly or indirectly from or associated with the Club's operation including the use of the Park by the Club; (n) permit the City, its servants, agents and employees, to have access to the Park at any time during the Term, whether or not the Club is operating, for the purpose of conducting inspections of the courts; (o) provide one handicap accessible portable washroom (in compliance with the Building Code) at the Park for the months of June to September inclusive, for each year of the Term, at the Club's expense; (p) leave the Park in a neat, tidy and clean condition at the end of the Term, and immediately repair or replace any damage to the Park resulting from the placement or use of the beach volleyball courts; (q) be responsible for the development of and be the official organizer for . adult and youth beach volleyball programs —the Club will have exclusive rights to these programs; (r) be responsible, at its own expense, for all marketing of the said programs; (s) monitor and control revenues for adult and youth registrations; (t) operate the said programs from June 1-mid September in each year of the , Term; and (u) provide the City with a list of all the said programs. 6. The Club shall provide the City with security in the form of either cash or an . irrevocable letter of credit issued by a chartered bank in Canada in the amount of $3,000 ($600 per court), starting May 1, 2013. Such security may be drawn upon 3 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 beach volleyball courts in the Park should the Owner fail to maintain 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 beach volleyball courts from the Park, 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 vacates the Park at the end of the Term and does not renew or extend this Agreement on terms acceptable to the City. 7. The City shall not be liable to the Club for any loss of or damage to the beach volleyball courts, the Club's equipment, supplies or products, whether caused by fire, theft, burglary or otherwise. 8. All property of the Club or members of the public at any time in the Park 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. , 9. 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. 10. (a) Notwithstanding the provisions of this Agreement, either party may terminate this Agreement without cause upon thirty (30) days prior written notice to the other provided that the Club shall remain liable to the City for any damages, costs, losses and expenses incurred by the City as a result �� of any breach of this Agreement by the Club. (b) Notice of�early termination may be given by personal delivery or registered mail, (i) in the case of the Club, to Solstice Sport Inc. c/o Mike Slean, 285 Cachet Blvd., Brooklin, ON L1 M OC9 (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. 4 (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. 11. (a) This Agreement is not assignable by the Club without the prior written consent of the City, which consent may be arbitrarily withheld. (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. IN WITNESS WHEREOF the parties have each executed this Agreement and have affixed their respective corporate seals as of the date first written above. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE CITY OF PICKERING . I I Debbie Shields, City Clerk David Ryan, Mayor � SOLSTICE SPORT INC. I/We have the authority to bind the corporation. 5 ��, . . . � . .. �. . � . ' _ . � � ;; a , :.�` , . f� .��, '�;�h. f' s N � , '. .r' . _ ' . . . - . i s ^ ��+ � - ��.�- � >y � y� . � �'. � +��.:? ' .�. PIGKERING � l ..: � ... RECREATION � MPLEX `` CO � . „, Y �.' �:,; d t �''�. � �: , i �� . `,'��.�: ' rrt��..�� i_ ��"_,�,.�,.�. � (.... ,..: �I I �. �� I I I I m.�r. o��: . 1:1000 - - - - - -� ATTACHMENT# �— TO fcEPORT#C� °�— I 3 '� - APH T '•� 'i '� • STREE � / ♦ HOC ; � ,\,` � ' iJ \a BASKET ALL RT I� FL�/� COU T � ' JP!' JR. & � O \ I �ja/ � SR. PLAY a —� I � z� AREA ��`G/' �� / I! P�% / .� � ' � � � %-�� , � � o .�� o .� � � �� ; o 1 � , � � � o �� RECREATION , SKATEBOARD I COMPLEX PAR�� I PARKING 0 O o-' , o � �� o ' �'�- � DIANA, � � � �� PRINCESS OF �� , WALES PARK ,, y BEAC � LLEYB LL� OURT :-1 SUBJECT � RECREATION � COMPLEX S ITE �� PICKERING PARKING RECREATION �� COMPLEX soccER '`\ "a1 PITCH � \ �JR.) "� �. i `� SOCCER � PITCH coVRZ (JR.) '1 <. � O ;.;�-. R O�\��NBP�cE ;`, �' �..,�,�__-� o �==----- SOCCER PITCH (JR.) � 4 \ ,_ � - � , '" V�!P , �� P PR� � ��G , Q ENGINEERING&PUBLIC WORKS DEPARTMENT ATTACHMENT FOR LEASE RENEWAL ��°� CAPITAL PROJECTS& i i. INFRASTRUCTURE SOLSTICE SPORT- LICENCE AGREEMENT 2011-2016 � � SCALE: DATE: N.T.S March 13/2013