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HomeMy WebLinkAboutCR 08/00�L.L2��,`,�lOFP/� 4 � p REPORT TO COUNCIL FROM: Stcphen Reynolds DATE: August 2, 2000 Division Head, Culture & Recreation REPORT NUMBER: CR OS-00 SUBJECT: Management Agreement with Clarcmont Lions Club - Claremont Communiry Centre RECOMMENDATION: 7'hat Report CR-08-00 be receivcd by Council and; that Council pass a by-law to authorize thc Mayor and thc Clcrk to exccute un agreement with tht Claremont Lions Club to provide managen�ent services to the Corporation at the Claremont Community Centre Cor a tertn of ihrce years, which agrcement shall bc subslnntially in accordance with the fortn attached hereto. ORIGIN: Discussions betwcen Clarcmont Lions Club and the City's Cullurc & Recrcation Division. AUTHORITY: hfutttcipal Ac�, R.S.O. 1990 c. M.45 Sections 207.58 and 191. FINANCIAL IMPLICATIONS: The Town wili rcccive 25% of ►he revcnues generated from thc Lions Club's usc of lhe facility every Saturday and on Ncws Year's Eve throughout the term. EXECUTNE SUMMARY: N/A BACKGROUND: 1'ha Clarcmont Lions Club and the City have an existing arrangcmcnt whercby U�c Lions Club manage the City's Community Ccntrc in Claremont on the City's bohalf. Thc Lions Club hevc agreed to provide managcment services to thc City rcgarding the fecility (sec attached lettcr). A legal agreement between thc pnrties must be renewed to ouUinc the artangcments rcgarding thc management ot the facility. � Report to Council CR 08-00 Date: Auguat 2, 2000 �! 3 Subjxt: Managemrnt Agreement with Claremont Lions pe6� 2 Claremont Communiry Centro It is proposed that the agreoment will be renowed for a tertn of three ywra commencing September 1, 2000 and ending on August 31, 2003. Under the tertns of the proposed artangement, Ihe Club would hava exclusive righta for the uu oC the Community Centre including ihe multipurpose hall, the kitchen, the meeting room end adjacent haliways, washroom facilities and public change rooms every Saturday and every New Year's Eve throughout lhe three-year tetm of the agreement. ]n exchange, they would pay to the City, 25% of the nntal fees received from the fecility and would provide maintenance services including carc taking secvices, snow removal on sidewalks and walkw�ays and lhey would lease out lhe facility throughout the week. The Club would retain 100 percent of the rental fees ablained from leasing of the premises to non-commercial lhird parties for non•profit functions Manday through "I'hursday commencing at noon. 1'he Ciiy will have exclusive use of the facilities on Fridays at no charge and will have a first right of reCusa! to use the facilities for City programs or for progrsms provided by the Claremont and District Community Association, at no charge Manday through Friday. As wetl, the Ciry has agreed to lease the faciliry directly to the Clarcmont Co•operative Daycare during the week days, for the months of Septembcr to June, from 7 a.m. to 12 noon. The Lions Club would not shaze in the procceds from the rental to the Daycare. The City is responsible to pay thc costs of all major rcpairs, to plow the driveways and to pay the costs of all utilities and garbage removal. ATTACHMENTS: l. Letter from Claremont District Lions Club dated July 31. 2000. 2. DrnR By-Law with Manngemcnt Agrccmcnt Atlached ns Schedule A. Yrepared By: Approved / Endorsed By: t / � f/ ` tephen R ol , vcre Bun ma, Division Head, Culture & Rxreatian Dir tor of Operations and Emergency S SR:th Attachments Copy: Chief Administrative Officer Director, Corporate Services and Trcasurer City Solicitor Recommended for the consideration of Pickering City Council a �� '�.,�.1od Th m J. Qui , Chi Ad ist icer � 114 �n'�o�rrr_!,_��+oArr �Q�o� -ad Iuly 31, 2000 Mr. Evcrett Bunstma Director, Operations & Emergency Services Ciry of Pickering One Tho Esplanade Pickering, ON LiV 6K7 Dear Everett: Following our recent telephone conversation, I am writing to you at this time to infortn you thal at the recent meeting of the Ciaremonl District Lions Club Board of Directors, the Club agreed to resign an extcnded lease as managers of the Cluremont Communiry Centre as soon as such documents cun be prepazeci. We Uust you find this in onler and we look fonvard to many more years oCsuccessful partnership in our mutuni goal that are offering 4tie C�aremont Communiry Cenlre in the best inlerest of the citizens of the City of Pickcring. Evcrelt, if you require any additional infortnation, pleasc contact us at any time. Yours vcry truly, � ���',���� �,. cart(�'o ; Sccrctary Claremont Dislrict Lions Club , • • A?TACHMENTk-a�TOI1�ORTM„�-0&•D D THE CORPORATION OF THE CITY OF PICKERING 115 BY-LAW N0. Being u by-!aw �o authorize the executJon oj a Managemen� Agrecmes� between The Corporaflon oj �he City oj Pickering and 1/te Claremon� Ltons C/ub respecling the continued management ojtke Claremont Cammunfty Cen�re by fhe Claremonf Lrons Club. WHEREAS, the City owns and operates u community centre known as the Clazemont Community Ccntre in the Hamlet of Clarcmont in the City of Pickering; nnd WHEREAS, the Ciaremon� Lions Club hns provided its services, on certain tertns and conditions to the City as manager of the community centre und it is desirable to provide for the continued provision of such scrvices; and WHEREAS, pursuant to the provisions of paragraph 207.58 and 191 of the Municipal Act, R,S.O. 1990, chaptcr M.45, us amcnded, the Council of The Corporntion of the City of Pickering may pass by-lnws for, among othcr things, maintaining, operating and managing community recreation centres; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: l. The Mayor and Clerk aze hcreby authorized to execute n Munagement Agreement in the fortn nttachcd hereto as Schedule A, bctween the Corporation of the City of Pickering and tha Claremont Lions Club respccting the continucd managcment of the Clazemont Community Ccntrc by thc Clnremont Lions Club. BY-LAW rcad a first, second and third time and finally passed this 8th day of August, 2000. Wayne Arihurs, Mnyor Bruce Taylor, Clerk 'fi-IIS MANAQEMBNf AaREEMENf made August 8, 2000, pursuent W the provisions oCsections 191(1) end 207.38 of Ihe Munlcfpal Acf, RS.O. 1990, chaptcr M.45, BETWEEN: THS CLAREMONf LIONS CLUB hcrein celled the "Ciub" - and - THE CORPORATION OF THE CITY OF PICKERIIJG herein called ihe "City" OF 771E FIRS'1' PART, OF THL� SGCOND PART. WFIEREAS, the Ciry owns and operates a multi-facility community crntre Imown as thc Clurcmont Community Cenire, in ihe Hamlet oFClarcmont, in ihe City of Pickering, hereinaRer referred lo ns the °Community Centre" for the benefit of its citizens, particulazly those residenis in the Hamlet oFClaremant end surtounding area; WfIEREAS, the Club haa provided certein management services to thc City wilh respect to other City-awned fecililies IocateJ within the Hamlet of Clazemont since Navember 5, 1979 and wishos to ulso provide management services at the Community Crntrc; NOW THEREFORE, 17{IS AGREEMLNf WfI'NESSETFI 7'FiAT, in considcralion of the mutual covenants and agreemenls hercin contained end lhe sum oC Two (2.00) Dollars paid by each party lo lhe other (the receipt and sufficiency of which is hcrcby aclmowledged), subjcct in the lertns and condilions hcreinuRer set out, the PaAies hereto agree as follows: � i. DEFINTTIONS (1) For ihe purposc of lhis Agrcement "Prcmiscs" shall menn: (a) lhnt portion of Ihc Community Centre being composed of the multi-purpose tiall, Ihe kilchrn, thc mating room end adjacrnt Fwllways, washroom facilities nnd public chnngerooms. (2) For lhe purpose of lhis Agrccment, "Management 5ervices" shall mean: (a) the Icesing of lhe Premises, or patts thcreof, Crom time lo lime during the Term oCthis Agreemenl, to noncommercial leasees and third partiu for non•profil functions, charity ertnts, receplions and any olher City-approved purposes in accordance with lhe rcntal rates agrecd to between lhe parties hereto in accordance with pazagraph 7(e) of this egreemcnt; (b) the provision of carctaking ond general maintenance services to tho Premises nt lhe Club's expense, togethet wilh the provisions of all necessary cleaning and mnintenance supplies such ns cleaning products, related paper producls end cleaning equipmrnt; (c) anow rcmoval on all sidewalks, walkways and aIl othtt ereas of pedestrian passage at lhe Communiry Crntre. 2. �R The Club ehell have use of the Premisea end ahall provide the City with Management Services to thc satisfaction of the City for a twayear Term (lhc "Tertn") commencing on August 1, 2000 and ending on luly 31, 2002, unlase earlia tertninated. 3. � (a) The Ciry ahall bc roeponeiblo Cor all inspecNona end proventetive meintrnunce with rcspect to the exterior of the Communiry Centre, the heating equipmenl, transfocmer, parking lot and lights, ext�riior ' lendacaping and the phynicel eWeture oC the building provided, however, lhat the Club ahall bc rceponeible for eny dameges or coste incumd due to the mieuae or negligrnce of the Club, ib employecs, lnvikea, servante, egenta, or othere wder ita control and the Club ehall pey to thc Ciry on demand 1he expenu of eny rcpaire including the City's rcasoneble edministration charge neceasitated by auch negifgence or miausa 117 (b) The City ahall be rcsponsible for ell day-to-dey opereting expenaca of lhe Premisea including, hydro, water, heating, air condilioning, aewage diaposai (including pttiodic emptying of ihe seplic tenk) and garbege rcmoval, The City ahell provide grasa cutting and landscaping servicea end snow removal fo� ihe parking lot of I�e Communily Cenire only. The Club ehall be responeible far enow rcmoval on all sidewelka, walkweys end olher ereas of pedesirien passage at lhe Communiry Crntre. 4. SECURII'Y The Club shall be rcsponsible for the security of the Premisea. Thc Club shall be responsible for eny costa incurred or arising due to lhe misuse or negligence of the Club, ils employees, invitees, srnanls, agrnts or othera under its control and the Club shall pay to lhe City on demand the expense of eny repairs including the City'a rcasannble adminisUntion charges necessitated by such negligence or misuse. The Club will ensure that no copies af the keys to the Premises are made without lhe prior written consent of the City. 5. CiTY USE OF PREMISES (a) Notwithstending any olher provision of this Agreemenl, the City and the Club aclmowledge and agree Uwt lhe City will have first right of refusnl to use the Premises, for ihe Ciry's Culture and Recreatian Division programs including ihe Cinremont and District Communiry Associntion program purposes or far any olher City purpose Monday Uuough ThursJay Gom 12:00 noon to I 1:00 p.m. throughout the Term, at no cast to lhe City. 7'his right will be exercised by the City on an "as needed" basis, on trnns to be atranged belwcen lhe partics hereto. The Ciry ogrecs lo provide the Club with the specific dates end limes that the Premises will be requircd for City use, or for use by the Cleremont und District Community Asscei�tio�, at least one monlh in advonce of the rcquired date. The Club will not be entiQcd to any renlnl fees or olhc� remuncrntion associated wilh thc said usc of the Premises by the City or by the Clazemont and Dislrict Cammunily Assxialion. (b) The parties furlher egree thal the City will have exclusive usc of the Premises far City programs every Fridny Gam 5:00 p.m. l0 12:00 midnighl at no cost to lhe City. (c) The Club ncknowledges and agrccs lhat lhe Prcmiscs will bc Icascd direclly by lhe City to the Claremont Co-operntive Nursery School Cor lhe exclusive usc by lhc Claremont Co-operative Nursery School for nursery schoal purposcs Gom 7:00 o.m. to 12:00 noon Monday t}vough Pridny far the monlhs oC Scptember to lunc of thc Tcrm and 7:00 a.m. lo G:00 p.m. Monday through Priday, for thc months of July and August of the Term lo operate thc Claremonl Cump. 1'he Club will not be entitled to any renlal fees or any other rcmunemlion assceiated with lhe said usc af the Premisca by the Claremont Co-operative Nursery School. 6. USE & OCCUPANCY OF PREMISES BY THE CLUB 'Ihe Club agrees to use, and ensure lhat the use ot lhe Premises is in ncconiance wilh the City's Alcohol Menagement Policy nnd the City's rules end regulations which ere attnched hereto es Schedules A and B. (n) Sharina of Use wilh Community Associelion Tf�e parties herein aclmowledge end agrce that the Club shall have lhe exclusive use of Ihe Prcmises every Saturday lluoughout the year and New Year's Eve of each year lhroughout the Term; (b) Avpearance of Prcmisea The Club agrees lo maintnin and operate the Prcmises so thnt lhey ahall elwnys bc of good appwrance end suitable for the proper operation of lhe us�s rcquired to bc catried on lhercin and comparable with thc atandards oC the bcat euch uscs, end in so doing, to keep both the interior end extttior of thc Premises clean, orderly end tidy, and clear of ell refuse, snow end ice; (c) BvLaws Y'�e Club egreea to comply, et ile own eacpense, with ell Muniotpal, Faietal end Provincial, sanitery, frc, heslth end esfery lawe, nguledona end rcquircmonte pertaining to tMe occupadon and use of thc Premiacs, the condition of ttie improvemrnts, hnde fi�turea, ti�miturc and equipment inatelled by or on behalf of the Club there(n and thc meking by the Club of eny repatta, chenges or improvemeMa theeein, which rcpa'us, changee or improvcmente, ehell be pre-epprovcd by the City in acirordencc with the provisioos of Clause 3 hercin. ; ..c 2 _ ' . '� . . . , . . _ •i18� �. xErrrn,. xsveNUas (a) The Club shell pay to the City a fce equal to 25°'0 of ihe gross revenue collected by the Club for iheir use of the Prcmixs on Seturdays tivoughoul lhe Term. (b) The Club ahall retain 100% of lhe renlal fae recovered for lhe Premises from all leaates othtt than the City and Ihe Claremont and DiaVict Community Aasceiation, Monday Uuc.ugh Thursday from 12:00 noon to 12:00 midnight for the monlhs of Seplember to June end Monday ltvough Friday G:00 p.m. to 12:00 midnightforthe months ofJuly and August. (c) The epplicable fee, as set out in 7(a) above, ahall be paid by thc Club to lhc Ciry, in lawful money of Canada, on March 31st, )une 301h, September 30th and Decembcr iat of each yeaz tluoughout lhe Tertn and nt lhe address oC lhe City set out in section lG(3)(a) or ut such other place us the City ahall Gom time to time designate. (d) The Club shell submit u written report to the City quaAer-ycarly which shall include finnncial slatements selting out the details of tt�c Cunds received by the Club from the rrntal of the Premises. (e) The Club agrees that ii shali only churge such fees Cor the renlal of the Premisa� et lhe rete tltat is approved by the City from time to time. The City end the Club shall esmblish lhe approved renlel fee rate yearly lhroughout tiie Term. 8, dENERAL COVGNANfS (1) The City cavenants with the Club: (a) for quiet enjayment; and (b) lo observe nnd perform all covonants and obiigations of the City hercin. (2) The Club covenanls with lhe Ciry: (a) to pny rcnq and (b) to pay ali applicable lnxes, including business Lucs and goods and services lnxes; and (c) to observc nnd perform ell covcnants anJ obligetions of the Club hcrein. g, PROfiIBI'f10N AGAINST ASSIGNMENT AND SUB-LGI7'ING 'Ihe Club shall not assign this Manegement Agreemrnt wilhout the prior written consent oC the City which consrnt may be arbitrnrily withheld. l0. LEASEHOLD IMPROVEMENTS & TRADG FIX'I'URES (1) Definition of Leasehald Imorovements For pu�poses of this Managcmrnt Agrcement, lhe Tertn "I.wsehold Improvemenls" includes without IimiWlion all fixtures, improvemenls, installelions, alterations and addiUons from time to time mede, erected or installed by or on behelf of the Club in or on the Premises, and whelhtt or not moveable, with the exception of fumiture und equipmrnt not of the nature of fixtures. (2) InsWlletion of Imarovcmrnts & Fixtures Thc Club shall not make, ercct, inslell or aiter any [.easehold Improvemcnls or trede fixtwss, including lighting, in or on Ihe Premiaes without having first obtained the City's wrilten approval, The Club's rcqueat for eny approval heceundet ahall be in wriling end accompanied by en adequelc description of the contemplated work and, wherc eppropriete, working drawinga and specif calions thercof. Ali wodc to be performed in the Premiaee ehsll be perCocmed by compotrnt contrectors and subcontrecWro oCwhom the City ehall havo epproved, euch approval not to be unreesonebly withheld. All such work eh411 bc aubject to inepecdon by end the nxwneble euprnleion of ihe Ciry, and nhali be perCornud in accordance with any reaeoneblo conditione or reguletions imposed by the Ciry end completed in a good and Hvrbnonlike menntt in accordance wlth the deecripdon of work epproved by the City. 3 - ' j3) Liens 8c Gncumbrences on Imorovemente & Fixlurea 11 �i In connecUon with the meking, erection, installeUon or elkretion of I.eaaehold Improvemrnta and trade Cutu�es and ail other work or installationa madc by or for thc Club in or on lhe Premiaee, lhe Club ahall comply with sll the provisions of the Cons�ruc�lon Llen Ac�, and other slatutea Gom time W time applicable therclo, including eny provision rcquiring or enabling the relention by way of hold•bac� of porliona of eny sums payeble, end except as to eny auch hold•back shell promplly pay all accounle rclating therclo. The Club shali not crcate nny mottgage, conditional sale agreemrnt or olhK rncumbrancc in respect of ila Leasehold Improvemcnla or, without the conaent of the City, wilh rcapect W its trade futures nor shell the Club teke any action es a consequrncc of which eny such mortgage, conditional sale agreemrnt or other encumbrnnce would attach to ihe Prcmises or any part thereof. If and whenevtt any lirn for work, labour, services or makrials supplied lo or for the Club or for the cost of which the Club mey be in any way liable or claims thercfor shall arise or be filed or eny such mortgage, conditionnl sale agreement or other encumbrnnce shnll etlach, lhe Club shali within 20 days atler receipt oC notice lhereof procure the discharge thereof, including any cerlificate of eclion registered in respect of any lien, by payment or giving security or in such olher manner as may be required ar pertnilted by law, end failing which the City may in addition to all other rcmedies hcrounder avail itself of its remedy undcr section 12 htteof and muy make any paymenls required to procure the discharge of any such lirns or encumbranca, shall be entiUed lo be reimbursed by the Club as provided in acction 12, and its right to rcimbursemrnt shall not Ix affected or impnired if the Club shnil then or subsequently eslablish or claim lhat nny lien or encumbranco so dischnrgcd was wilhoul mcrit or exccssive or subject to any abatement, set-ofl' or dofence. This subsection shall not prevent the Club Gom maRgaging or rncumbcring ils chaltels, fumiture or equipment not of the neture of fixtures. (4) Addilions end Alterations The Club shall nol make any alterations or addilions to the Premises withoul the prior written consrnt of lhe City's Director of Operations & Gmcrgency Scrvices. My such pre-approved alteratians, addilion, or fixlures ahall be eddcd lo lhe Cily's invenlory oC fixtures, und shall form pnrt of the City's property. The Club acknowledges ihnt il has no clnim to any such altcmtion, nJdition or fixture upon lhe Termination of lhis Agrccment. 11. INSURANCG & LIABILITY (i) Club'slnsurance The Club shall take out and keep in force during thc Tcrtn: (a) comprchensive insurance of the typc commonly called general public liability, which sheli include coverage for personal liabiliry, contractual liability, Club's legal liabiliry, non-owned aulomobile liability, bodily injury, death end property damage, all on an occuRence basis with respect to thc Club's use and occupancy oClhe Premises, with coverege tor any one cecurrence or claim of not less lhnn 52,000,000, or such olher amount as lhe City may reasonably require upon not less than six months notice at any time during the Term, which insurance shall include the City es a named iiuured end shull protect the City in respect oC cleims by lhe Club as if the Ciry were separatoly insured; end (b) insurance agninst such other perils nnd in such amounls es the City may from time to time reasonably require upon not less than 90 days written notice, such requiremrnt tobe m•rde on the basis lhat Ihe requircd insurance is custamnry at lhe time Cor prudrnt trnents of aimilar properties. All insurance rcquircd to be maintained by the Club hereunder ahall be on Tertns and with insurers to which lhe City has no rensonable objection. Each policy shnll contain e waiva by lhe insurer of any rights of eubrogation or indemnity or uny olher claim over to which the insurer might olherwisc be entitled ageinst the City or lhe agents or employees oC the City, end shall elso contain en undcrtaking by tFie insurer thet no metcriel chenge adverse to the City or the Club will bc mnde, and the policy will not lepse or be cancelled, except elkr not less t}wn lhirty daya writtcn notice to the City of the intrnded change, lepse or cancellation. The Club shall tumiah to the City, if end whcnevcr requested by it, certificelea or other evidrnccs accepteble to Ihc City as to the insurance fmm timc to timo effectal by the Club and ite renewal or continuation in forcc, togelher wilh evidcnce aa to Ihe mcthod of detamination of full replacemrnt coal of Ihe Club's Leaschold improvemcn4a, tredc fixturea,lLmiture and cquipmrnt, end if thc Clty reasonably concludes that the full replecement cost hea been undercsdmated, thc Clu6 shall forlhwith emnge for any consequrnt incrcase in covaage rcqu(rcd hereunder. If lhe Club shall fiil to teke out, ienew and keep in Corce euch inaurance, or if the evidencea eubmittcd to the Cyqr pursuant to the preceding seatencc ere unacceptablc lo the City or no euch evidmcea ero submitted within � re�soneble portod aRer rcqueet thercfor by the City th:n 1ho City may give to thc Club writtcn notice rcquiring , compliance wilh thla eection end epeeifying tho res�eota in .,. .,._ _4 � 2 Q� which the Club is not lhen in complience with this seclion. If the Club das not, within 72 hours or such lusec period as lhe City mey rcesonnbly requiro having regard to the urgency of the eituetion, provide approprialo evidenee of compliance with lhis seclion, lhe City may, but shall not be obligated w, obtain some or all of lhe additionel coverege or other inaurance which lhe Club shall have failed w obtain, without projudia to any olher righu of the City under this I.case or otherwi�e, end the Club elwll pay al6 premiums end olher expenses incurred by the Ciry in that conncelion as eddilional renl pursuant to seetion 12 hereof. ' (2) LimilalionafCit�'sLiabilitY The City shall not be liable Cor any bodily injury or dealh of, or loss or damage to any propMy Ixlonging to lhe Club or its employees, invitees or licenseea or i4a guesls, or lo any olhtt person in, on or about the Premises. (3) Club's Indcmnifcation of CitY The Club shall indemnify and savc hnrtnless the City in respect oL• (a) ell actions, causes of nctions, suils, claims and demnnds whatsocver, which may arise either directly or indirecUy by rcason oC any ncl or omission of the I.essee, ils servanls, licensees, invitees, membcrs, gues4s, contractars or agcnls in lhe use or occupation oCthe Premises; (b) any loss, cost, eapense or damage su(fcred or incurtcd by Ihc Cily urising Gom any breach by the Club of nny oC ils covenanls and obiigations under ►his Manogcmcnt Agreement; and (c) ell costs, exprnscs and reasonnble lcgul fecs thnt may bc incurted or paid by the City in enforcing nguinsl the Club lhe covenanls, agreemenls nnd represcnlations of thc Club set out in lhis Mnnagement Agreemenl. 12. CITY'S ACCESS (1) The Club shull lx rcsponsibie (or minor rcpairs to the Prcmises, ul its expcnse, reasonable wear nnd tear, fire damege, lightning damage and storm damage exccpted. (2) The Cily ahall be pertnilteJ at any time and Gum lime to limc lo enter nnd lo have ils authoriud agrnls, employees and contrnctors rnter the Premiscs for lhe purposcs of inspeclion, mnintcnance or mnking rcpairs, and thc Club shall providc frce and unhnmpercd acccss for thc purpose, and shnll not be entitled to compensntion Cor any inconvenience, nuisance or discomfort caused thereby, but the City in exercising ils righls hereunder shall praced to thc extent rcasonnbly possible so as to minimize inlerfcrrnce with the Club's usc nnd enjoyment of thc Prcmises. 13. DELAY&NON-WAVER (1) Unavoidable DcIaY Except as herein othmvise expressly providcd, iC end whenever nnd lo thc eatent that eilhcr the City or the Club shnll be prevcnted, delaycd or resbicted in lhe fulfilment of any obligation hercunder in rcspect of the making of any repair, thc doing of any work or any othcr thing, othcr than uie paymcnt of rent or other monies due, by reason of: (i) strikes ar work stoppnges; (ii) iwbiliry to obtain eny materinl, service, utility or lebour requircd lo �..ifili such obligation; (iii) any stetute, law or agulation of, ar inebiliry to obinin nny pormiss�on from, any govemmrnl ' sulhority heving lawful juriadiction preventing, delaying or restricting such fulfillmcnt; or (iv) other unevoidable cecurrence, the time for Nlfillmrnt of such obligation ehall bc ea�tended during the period in which such circumalencu operatea lo provonl, delay or rcstrict the fulfillmrnt lhereof, end the other perty shall not be endtled to comprneadon for any inconvrnirnce, nuleance or discomfoA thercby occesioned. (2) Waiver If cither tho City or the Ciub shall overlook, eacuso, condone or sufCa' ony dofiult, baach or non• obernence by ihe ather oteny obligetlon hercunder, thie ehall not opaate as a waiva of snch a�liQation 5 � in rcspect oCany continuing or eubsequrnt default, breach or non�observance, and no such waiver Bhall be implicd but shall only be effective if expresaed in writing. �a. �t�,�ntes oF crrr 121 (I) !n addition to ell righls anJ rcmediea of the City uveileble to it in lhe evrnt of any default hereunder by lhe Club through improper compliance or non-complience with eny obligation arising eilher wder thie or any olher provision of this Manegement Agreemrnt or under alalule or ihe general lew, (a) lhe Ciry shall have the right at all Gmes to remedy or attempt to remedy any default of ihe Club, and in so doing mny make any peyments due or ulleged lo be due by the CIuU W Ihird pariies and may rnter upon lhe Prcmises to do any work or other lhings therein, and ia such evrnt all expenses of ihe City in remedying or attempting to remedy such default shall be pnyable by lhe Club to the City es additional rcnt forthwith upon demend; (b) lho Cily ahell have lhe same rights nnd remedies in the event of any non-paymenl by the Club of eny nmounls payable by the Club under nny provision of lhis Munagement Agreement as in the cese af a non-paymrnt oCrrnl; and (c) if the Club shall fail to pay any rent or olher amount from tima to time payablc by it to the Ciry hercunder promptly when due, the City shull be entitled, if it shall demand it, to intereat thercon al u mte of thrce per cent per annum in exccss oC the minimum lending rnle to prime commercial boROwers from time to time currcnt at the City's bank Gom lhe date upon which the same was due unlil actual payment thereof. (2) Remedies Cumulalive The City may Gom timc lo time rcsort lo any or nll of the righls nnd mmedies nvailable to it in the event of nny defauit hereundcr by the Club, through improper compliance or non-compliance with eny obligetion arising eilhcr unJer uny provision of this Mnnngement Agrecment or under atelute or the general Inw, all oC which rights and remedics urc intended to be cumulativc nnd not eltemative, and the eaprcss provisions hereunJcr as to ccrtain right anJ remcdics nrc not to be interprcted as cxcluding any other or nJditional rights nnd remedies availablc lo the City by sWtutc or the gencra! law. (3) Risht oCRc-EnW on Defaull or Tertninulion If und whencver the rcnt hcrcby rescrved or othcr monics paynble by Ihc Club or any part thereof shalt nal bc paid on lhe day appointeJ for paymant thercof, whethcr IawPolly dcma�ded or not, and the Club shall have failed to pay such rcnt or other monics within five (5) business days u(ter the City shnll have given to Ihe Club nolice requiring such paymrnt, or if thc Club shall broach or fail to obsme end perfortn eny oC lhe covenants, agrcemrnls, provisos, condilions and other oblignlions on the part of the Club lo be kcpt, observed or perfortned hercunder, or if this Menagemenl Agreemcnt shall have become Tertninated pursuant lo any provision hercof, or if thc Cily shall have bccome entitled lo Tcrminate lhis Menagement Agreemcnt and ahall hnve given nolice Tertninnting it pursuant to any provision hereof, lhen and in every such case it shall be lawful for the City thereaRer lo enter into and upon the Premises or any part thercof in lhc r.;unc of the whole and the same to havc again, mpossess and enjoy as of its fortner estate, anything in lhis Managemrnt Agreement contained to the conlrery aotwilhstanding. (4) Tertnination & Re-En W (u) If and whenever the City becomes entilled lo re-enter upon the Prcmises under any provision of �his Menagement Agreement lhe City, in addition to all other rights nnd rcmedies, shall have the right to Terminate this Menagemrnt Agreement Corlhwith by leaving upon lhe Premises notice in writing of such Tertninalion. (b) The Tertn of lhis Agreemrnt may be trnnineted by either PaA upon sia month's notice to 1he olher in wriling. (c) The Tcrtn of lhi+ Agreement may be lcrmineled by the Ciry upon tcn day's notice to Ihc Club in writing in the cvrnt lhat thc inaurance requircd to bc provided in section 11 of lhis Agrcemrnt is not provided ar not kcpt in foae, (d) In the evrnt thet thia Agreemrnt ia lermineted by the City pursuant to aubsecUoe (a), (b) or (c) above, the Clty ahall honour a��y bookinga prcv(oualy made wilh the Club for lhe use of the Prcmisee aRer the eflective date of terminaUon. � �6 • � , . , �� (S) Peyment of Rent etc. on Tertninetion 12 2 Upon lhe giving by the City oC n notice, in writing, tertninating Ihia Managemrnl Agrcanrnt, wheUxr puraoant to thia or any olhcr provteion of this Managemcnt Agreement, ihie Mamgemrnt Agrcemrnt and the Term shell Terminate, rent and any other payments !or which ihe Club ie liable undtt thie tAanagemenl Agteemenl shall be computed, appoAioneJ end paid in Cul) lo lhe dale of such Terminalion, and lhe Club shall immedietely deliver up posseasion of the Premises W Ihe City, and the Ciry may re- rnter and take possession af them. l5. IMPROPER USE OF PREMISES• HANKRUPTCY In case without lhe written consent of lhe City the Premius shall be used for any purposa other than that (or which thoy were leased, or occupi�d by any persans whose cecupancy is prohibited by this Managemmt Agreement, or if lhe Premises shall be vacated or abandoneJ, or remain unoccupied Cor 6fteen (IS) days or more while capable of being occupied; or if the balance of the'Pertn or any of lhe goods and chattels of the Ciub shall at eny lime be r.�iud in exccution or aUachment, or if thr, Club shall make nny assignmrnt for the brnefit of creditors or any bulk sale, bccome bwdwpt or insolvent or tuke the bcnefit oF any atatute now on c�rwQer in force for banlaupt or insolvent deblors, then in any such case lha Cily mny nt i4s option Tertninale this Management Agreemenl by leaving upon the Premises notice in wriling oC such Terminalion and lhereupon, in additian to the paymenl by the Club oC rent nnd other puymenls for which the Club is liable under this Management Agreemrnt, rent for the current month and lhe next ensuing 7 months shall immediately bewme due nnd paid by the Club. 16. MISCELLANEOUS PROVISIONS (I) Regislrntion ofManaQement A�treemenl Neilher the Club nar the City shail regisler this Mnnagcment Agrcement or n notice of this Manegemrnt Agrcement. (2) Mnneuemcnt Agreemcnl Constit�tes Cnlirc Aereemrnt '[herc ure no covcnnnts, representntions, warranlies, ugreemenls or conditions exprcss or implied, colialcral or otherwiu forming part of or in uny wuy n(fccling or rcinling lo this Management Agreemrnt save as exprcssly ut out in this Munagemcnt Agrcemcnt; Ihis Mnnegement Agreement constitutes the rntire agreement betwcm the Ciry und the Club anJ muy not be modified eacept as herein explicitly provided or cxcept by agreement in writing execul..d by the City end the Club. (3) Noticcs My notice requircd or contemplated by uny provision hereof sha�l b: given in writing, and (a) if to lhe City, eilher delivered to the City Clttk personally or meiled by prepaid registemf mail oddressed lo The City Clerk, The Corporalion of the City of Pickcring, Pickcring Civic Complex, One The Esplenade, Pickcring, Onlario Ll V 6K7; und (b) if to the Club, eitha delivercd to The Claremont Lions Club, do lhe Presidrnt or Sarctary, et 1722 Joscph Stmt, Clarcmont, Ontario, LIY 1B5 Every such notice shall be deemed lo have been given whcn deliv,-ree1 or, iCmailed as aforesaid, upon thc third day aller the day it is mailed. Either party may Gom time lo time by notice in writing to the other, designate another addrcss in Canada as the address to which noticcs ere to be mailed to it. (4) Interprcmlion All of the proviaions of lhis Menagement Agreemrnl erc to be consWed es covcnnnts and eg�eements es though words importing such covenenls end egreemrnta wcre used in each scparate provision htteof, end the titles and captions eppearing for the provisiona of lhis Manegement A��eement havc btrn �nse�lcd ts a matler of convenience and for reCercnce only end in no way define, limit or rnlarge the scope or meaning of lhis Management Agreemrnt or of eny provision hcreof. (5) Extent of Menaamunt Aareemenl Obliaationa Thfa Menagement Agrcemrnt end evarything herotn conl.iined shall cnurc to the ba�efit of and be binding upon tho r�pectivc heiro, execulore, ulminfetretoro and other legal rcpreaentndves, ss 1he case may be, of each party herelo, end every rofucnce haein to eny pariy hercto ahall include the heiro, exxuton, adminietrewre, and otha legel rcpreacntaUves of eueh party. _ 7 .. . •(6) Schedulw Scheduleas "A" and "B" attached hereW fortn pert of Ihie Agreement IN WITNESS WHERL'OF thc Parties hereto have executed thta Indenture. • SIGNED, SEALED AND DELIVERED THE CLAREMONT LIONS CLUB ' THE CORPORATION OF THE CITY OF PICKERING Weync Arthurs, Mnyor C. Mne Greentree, Deputy Clerk �: �, , - ` �: k,-� f _ 1� — C f- ` ,1 i �i f �° Y � ! 1 . . � . . >r . . . �... /, 4'^. .. r_. .... ♦ �S� �.' . .,�.... _ . i.�...t ... t . .. ., a. .. _.