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REPORT TO COUNCIL
FROM: Everett Buntsma DATE: February 8, 2000
Director, Operations & Emergency Scrvices �PORT NUMBER: OES O1-00
SUB1liCT: The Canadian Progress Club - Dur6am South
- Managcment Agcement - Front Street Centrc
- File: COI000
RECOMMENDATION:
Council should pass a bylaw authorizing the exaution of a Managcment Agrcement with The
Canodian Progress Club - Durham South to usc thc faciliry known as thc Front Strcet Centrc.
Thcsc premiscs urc located at Watcr Lots I, 2 and Part of Watcr lot 3, Plan G5, in thc City oC
Pickcring (fortncrly known as thc McKcan PropeAy).
ORIGIN:
l.cttcr from thc Canadian Progress Club - Durham South
AUTHORITY:
,1Lmicipn! Acr. R.S.O. 1990, chaptcr MAS, subscction 191(1)
FINANCIAL IMPLICATIONS:
Danation to devclopment of park -
Ovcr next 3 ycars
EXECUTIVE SUMMARY:
Not npplicable
BACKGROUND:
147
$75.000
The City of Pickering receivecl cortespondence from the Cunadian Progrcss Club - Durham
South in April 1999 cxpressing nn intcrcst in thc clubhouse facility on lhc fortncr McKcan
properly for thcir usc as a mecting placc.
1 Q$ Report to Council OES O1-00 Datc: February 8, 2000
Subject:The Canadian Progress Club — Durham South
Management Agrcement Page 2
BACKGROUND:
(cantinued)
Subscqurnt discussions nnd meetings have resulted in thc preparation of the attachcd
management agreement.
Thc Club is prepared to cortuibute S75,000 towards thc park developmcnt over the threc (3) year
tcrtn of the ngrecmcnt. The agreement is similur to the ogreement with thc Claremont Lions
Club for the Clarcmont Centre.
The Club has indicated that thc Ccntre wau�d be made available to other community groups Cor
small mectings.
The facility is not suitable as a City operated community facility duc to the serious Barrier Free
Acccss Jeficiencics. Thc Club will operate it as a"Clubhousc' for mcetings which was thc
original ��se / intcnt of thc Centrc.
ATTACHMENTS:
I. By-Law
2. Lcttcr from Canadiun Progrcss Club — Qurham South
3. Location map
4. Managcmcnt Agrccmcnt
Prcparcd By: �.�; cvicwcci:
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E��erett u tsma Janc Burton
Dircctor, Operations & Emcrgcncy Scrviccs City Solicitor
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Attachments
Copy: Chief Administrative Officcr
Division Hcad, Municipal Property & Enginccring
Reca: nmended for the consideration of Pickering
Ciry Council
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as ]. Qui . Chic Adm" s fficcr
• � ATTA�C►IMENT N�TO R�ORT #�'
7'HE CORAORATION OF THE CITY OF PICKERJNG I 4
BY•LAW NO.
Being u by-Inw to authorize the exaution of a Mnnagement
Ag�eement betwecn The Corporntion of the City oC Pickcring and
The Canudinn Progess Club — Durham South to usc thc faciliry
known ns the Front Stmt Centrc. These prcmises svc located at
Water Lots I, 2 ond Part of Water lot 3, Plan 65, in the City of
Pickering (Comurly known as the McKenn Property).
WHEREAS pursuant to Ihe provisions of subsectiun 191 (I ) Afanicipo! Ac�,
R.S.O. 1990, chapler M.45, the Council of The Corporation of thc City of
Pickering may by by-law Icase prcmisa owned by the Corparntion;
NOW TFiEREFORG THE COUNCIL 0� THE CORPORATION O� 7f1C
CITY Or PICKERING HEREBY GNACTS AS FOLLOWS:
I. The Mayor and cicrk an: hcrcby nuthori�nl to executc a M�nagcmcnt
Agrecmrnt in thc fortn acccptablc to thc Ciry Solicilor for n tcrm
rnding Dcccmbcr 31, 2003, bctwccn Ihc Coqwration of Ihc Ciry of
Pickering nnd Thc Cnnadian Progrcss Club — Durham South.
BY-LAW rcud a first, saond anJ thini time and finally passul this day
of , 2000.
Waync Arthurs, Mnyor
Hruce Taylor, Cterk
150
ATTACHMENT N.�TO REPORTM�? a'�
Uill Somberger
Presidcnt
Canadian Progrcss Club-Durhnm South
750 Sheppani Ave.
PickcringOnI.LIV IGS
April 14, 1999
Mr. L'vcrcUc Duntsma
Director
Pnrks and Pncilities
Totim of Pickcring
1 Thc Gspinnnde
Pickering Ont.
L•v' crclCc:`�
This is to confirtn to y� thc intcresl thc Cnnndian 1'rogmss Club • Durham South has in
adopting n park. As yod arc a�varc �vc are most intcrcstcd in thc nrea of thc oIJ Yncht
Glub_pro rt o merec Sircet fmnting Frcnchmnn's Iiny.
e mcmbcrs of thc Canndinn Pro6mess Club - Durham Soulh huvc just cclehmted our
10 annivcrsnry and lhrough these ycars we hnvic enjoycd a trcmendous rclntionship with
thc Town. As a Club we f'cel very strongly that oll of aur aew fncilities nnd Pnrks shauld
bc cnjoycd by nll of lhe community nnd lo this end we nre picYlging S75,000.00 ovcr four
years to proviJe nccessible pinyground equipment for all of our chi rcn lo cnjoy.
In rccognition for thc donation towmrds the eqeipment we arc rcyuesting thnt Ihe park bc
nnmed ulter the Club . Therc is nlso n struclure thnt was used as an oflico anJ mecling
uren thnt is situnted on lhe grounds nnd our mcmbers wnnl to Iwve this building
incocporated into the plans oCthe park. It is our intentions thnt nfler a building ins�ection
lo cnsurc that it is a sound structurc to rcqucst to manngc this building for thc Town. At
prescnt thcro arc vcry few meeting nrcas for 5crvice Clubs in thc Town nnd il would bc
our intention to mcct at this faciliry and to o�xmtc it to assist othcr orguniwtions in thc
Towu with u mceting amn.
71w curtent dcsign of the Pnrk is to allow for a boanlwalk drca and to have it conncct to
other parks in Ihc nrea. When this is completc it would nlso be our intcntion lo o�atc a
snnck bar o�t of thc f�ility during the summcr months. We would be res�ansiblo for
providing contrnt insurnncc on Ihe building nnd w�hen thc snock bar is installeJ furUur
liabiliry insurnncc. The generol mnintenance nnd Ihc cxterior painting of the building
ATTACHMENT#�TO REPORT� /'60
151
would be our responsibility . We also rcaliu thnt any intcrior �ainting or rcnovations to
thc prcmisc would bc curricd on at our crpcnsc. Any rcvcnuc gcncmtcci fmm thc snack
bar or rcntal of the mttting spucc ��iU go to thc Cnnndiun Progmss Club • Durhnm
Sauth. We would bc operating this av n ycar round fucility nnd ��•ould wunt consiJcration
for the plowing of thc pnrking urcu. Snow rcmoval from thc doon�ays and d��ck nrcn
would agnin bc our rcs�wnsibilitics.
Thcrc an� obvio�uly other mnttrrs that «�II havc to hc discucucf for thc pl�ns to hc
finnlized but I am convincecf thnt with aur cammitmcnt to �eod: togcthcr this communiry
will soon bc cnjoying ano�h�v grcut rcason to livc, ���ork ond play in Pickcring.
Si ly
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13i11 Sombrrgcr
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LAKE ONTARlO
Clry oi Plckerinp Planning and Development Department
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ontg FEB 14�
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� ATTAG1MFNr a�TO REPORT tt ��S 0/�
TNIS MANAGEMENf A�REEMENf made January I, 2000, pursuent to the proviaions oC sectiona I91( t) end 207.58
of thc Munfclpal Acl, R.S.O. 1990, chapttt M.45,
153
DGTWEEN:
TNE CANADIAN PROGRESS CLUB — DUR►iAM SOUTF!
herein cnlled the "Club" -
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THE CORPORA'(70N OF THE CITY OF PICKERING
hercin cnli �! G':e "City"
OF TI IE FIRST PART,
OF THE SECOND PART.
WHEREAS, thc City owns n facility known as the Front Street Cenve, these prcmises urc locatcd at Water Lots 1, 2 and
Pnrl of Wattt Lot 3, Plen G5, in ihe Ciry of Pickering, hereinulttt referteJ to as ihe "Centrc".
WHEREAS, the Club has propoud management services to the City with respect to Ccntrc;
NOW TFIEREFORE, THIS AGREGMENT W17NESSET71 T11AT, in consideration of thc mutual covenants nnd
ngrcements hcrein conlnincd nnd the sum of Two (2.00) Dollars paiJ by each party to the other (the receipt and
sufficiency of which is hereby ncknowledged), subject in the Irrtns and conditions hcrcinaRer set out, the Parties hcreto
ugrce as follows:
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2.
3.
DEFINITIONS
( I) For the purpose of this Agreement " Premises" shall mcan:
(o) the entirc Ccntre including exterior deck nnd acccss walks.
(2) For the purposc of lhis Agrccmcnt, "Managcmcnt Scrviccs" shall mcnn:
(n) the leasing of the Prcmises, or parts thereof, from timc to timc during thc Tcrnt of this Agreement, to
non•commcrcial Icaseas nnd third parties for non•profil functions, charity events, receptions and nny
other Cityapproved purposes in nccordance with the rental retes ngreed to between the parties hereto
in accordance with paragraph 7 of this agrecmrnt;
(b) the provision of cnrctnking nnd genernl muintcnance sarvices lo the Prcmiscs at the Club's expense,
together with the provisions of all necessary cleaning and mnintenunce supplies such as clenning
products, related paper products nnd cleaning equipment;
(c) snow removnl on nll sidewniks, walkways und all other nreas of pedestriun passages on the prcmises.
TERM
The Club shall hnvc use of the Premises nnd shnll provide thc City with Management Serviccs to the satisfuction
of the City for n three-year Term (the "Term") commrncing on January 1, 2000 nnd ending on Decembcr 31,
2003 unless earlier terminated.
MAINfENANCE
(n) '['he City shnll bc rcsponsible for all inspections nnd prcventativc mointenancc with rcspcct to thc heating
cquipment, transCortner, pnrking lot, lighls and exterior landscnping, however, tho Club shall bc rcsponsible
for any dnmuges or costs incurrcd due to the misusc or negligence of the Club, its cmployecs, invitccs,
servants, ngents, or othero under ils control and lhe Club shall pny to thc Ciry on demend thc expense of any
repuirs including the Ciry's rcasonnblc ndministrntion chnrge ncccssitateJ by such negligrnce or misuu;
(b) The City ehell provide grssa cutUng and lendacaping services and enow rcmoval for thc parking lot of the
Crntre only. 'Ihc Club ehell bo rceponeible for enow rcmovel on other arcas of pedestrion pessage nt the
Centre7
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(c) The Club shell be rcsponsible for ell dayto-dny operating expenua including all utilities and gerbage
rcmoval; and
(e) 7iu City shall rcpair existing leaka in plumbing in basement anJ provide e new roof if deemed necessary by
the Director, Operotions & Emergrncy Srnices, which determinution will bc final.
4. SECURITY
'Itie Club shall be rcsponsible for the securiry of the Prcmiscs. Thc Club shall be responsible for any costs
incurred or arising due to the misuse or negligence of the Ciub, its employees, invitees, servants, agents or othcrs
under its control und the Club sheU pay to the Ciry on demand thc expensc of any rcpnirs including the City's
rcasonablc ndministrntion charges necessiwted by such negligrnce or misuse. The Club will ensure that no copies
of the kcys to the Prcmises arc made without the prior wrilten consent of the City.
S. CITY USE OF PREMISES
Notwithstanding nny other provision of this Agrcement, the Ciry and the Club aclmowledge and ngree that the
Ciry will have first right of rcfusnl to use the Prcmises. The Club will not be entitled to any renlal fces or other
remuneration nssociated with the use of the Prcmises by the Ciry.
G. USE & OCCUPANCY OF PRGMISES BY THE CLUD
The Club agrces to use, nnd ansure that the use of the Prcmiscs is in accordnnce with the Ciry's Alcohol
Manngcment Policy, which is ntmched herc�o as Schcdule A.
(a) Sharinu of Usc
'Ihe parties herein acknowledgc and agrce thnt the Club shall hnve the exclusive use of thc Ptemises
every Saturday and Wrdnesduy evening throughout thc yenr.
(b) Aoocemnce of Premiscs
The Club ngrees to muintain und aperatc thc Prcmiscs so that thcy shnll ulways bc of good appearance
nnd suimble for the proper operntion of tnc uus rcquircd to bc carried on thcrein nnd comparable with the
stnndards of the best such uses, and in so doing, to kecp bolh the interior nnd exterior of thc Prcmisos
clean, orderly nnd tiJy, nnd clear of ull rcfusc, snow nnd ice.
(c) Bv-Laws
The Club agrees to comply, at its own expensc, with nll Municipal, Federnl, Provincinl, sanitnry, fire,
health und safety laws, regulutions and requirements pertnining to the occupation and usc of lhc Prcmises,
thc condition of the �mprovemcnts, trnde fixtures, fumiturc nnd equipmcnt insmlled by or on behalf of the
Club thcrein nnd the mnking by thc Club of nny rcpairs, changes or improvements thcrcin, which rcpairs,
changes or improvements, shall be pre•approved by thc Ciry in nccorduncc with the provisions nf Clause
3 hercin.
7. RENTAL REVENUES
(a) The Club shall rctain 100% of the rcnlel Cees recovered for the Premises Gom ell leusees other than Ciry.
(b) The Club ahnll submit a writtrn rcport to the City querterly yearly, which shall includc financial stntements
setting out the details of the funds, meived by lhe Club from the rcnWl of the Premises.
(c) The Club agrecs that it shall only chn�gc such fees for thc rentul of the Prcmiscs at thc tntc that is opprovcd
by thc City from time to time. The City nnd the Club shall esteblish thc npproved rcntal Ca ratc yearly
throughout thc Tcrm.
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8. GENER.AL COVENANTS 15 5
( t) 71�e City covenents with the Club:
(a) tor quiet enjoymenl; end
(b) to observe and perCorm ull covenanis and obligations of the City herein.
�(2) The Club covermnts with the Ciry:
(a) to pay nll day-to-day expenses,
(b) to pay nll goods nnd services mxcs, and
(c) to observe and perCorm ali covcnants nnd abligations of the Club hercin.
9. PROHIBITION AGAINST ASSIGNMENT AND SUB-LETTING
Thc Club shall not nssign this Munagement Agreement without the prior written consent of the City which
conscnt may be nrbitrorily withheld.
10. LEASEHOLD IMPROVHMENTS & 7'RADE FIXTURtS
(1) Definition of Lanschold Imoravcmcnts
For purposes of this Management Agrccmmt, thc Tcrtn "Lcasehold Improvements" includes without
limitntion nll fixtures, improvements, insalintions, nitcralions and additions from time lo time made,
erectcd or installed by or on behaif of Ihe Club in or on thc Premises, und whether or not movcable, with
thc exception of fumiture and equipmcn; not of thc nnturc of fixtures.
(2) Instnllation of Improvcmcnts & Fixtures
The Club shall not makc, crccl, instnll or alter uny LenscholJ Improvcments or tredc fixmrcs, including
lighting, in or on thc Premiscs without hnving firsl obtaincd the City's written approval. Thc Club's
rcquest for nny npproval hcrcunder shall be in wriling nnd nccampanicd by an ndequale Jescription of the
contcmplated work nnd, where approprintc, working drawings and specificntions thercoL All work to be
perfarmed in the Prcmises shall bc performed by compctent contrnctors and subcontractors of whom the
City shnll havc npproved, such approvnl not to be unrcasanably withheld. All such a�ork shnll be subject
to inspection by und the rcnsonable supervision of thc City, and shall bc performed in accordnncc with
nny reasonable conditions or regulatians imposed by thc City nnd completrd in a good nnrl workmanlike
mnnner in ncwrdance wilh the description of work approved by the Ciry.
(7) Liens & Encumbrances on Imorovcments & Fixtures
In connection with the making, erection, installation or niterntion of Lwschold lmprovcments nnd tradc
6xtures and nll other work or installntions made by or for the Club in or on t4ie Prcmises, lhc Club shall
comply with nll thc provisions of the Construcrlan Lien Ac1, nnd othcr statutcs from timc ro time
npplicable thereto, including any provision rcquiring or enabling the retention by way of hold•back of
portions of an� sums payuble, and exccpt as to any such hold-buck shall promptly pay nll accounts
reluting thcrcto. The Club shall not create any mortgnge, conditionnl sale ngrccmrnt or othcr
encumbrance in respect of its Lensehold [mprovements or, without thc consent of the City, with rcspect to
its trade fixlures nor shall thc Club take nny action as a cansequcnce of which nny such mortgogc,
conditionnl sale agreemrnt or other encumbrnncc would utmch to the Prcmises or nny purt thercof. If and
whenever any licn for work, labour, services or materials supplied to or for the Club or for the cost of
which the Club may be in nny wuy liuble or claims therefore shall arise ar be filed or any such mortgagc,
condilional salc agreement or other encumbronce shall nttnch, the Club shnll within 20 dnys aRer reccipt
of notice thcreof procurc the dischargc thereof, including uny certificnte of action rcgistcrcd in rcspcct oC
uny lien, by payment or giving security or in such other manner us mny be rcquircd or {xrtnittcd by law,
and fuiling which the City mny in additionto all other remedics hercundcr avuil itsdf of its rcmedy under
section 12 hcrcof and mny muke any payments rcquircd to procurc the dischargc of nny such liens or
encumbrances, ehall be cntidcd to be rcimbursed by the Club as providcd in section 12, anJ its right to
reimbursament ehnll not bc uffectcd or impuircd if thc Club ahall thrn or subscqucntly cstnblish or claim
thet any lien or encumbrnnce so discharged wns without mcril or cxccssivc or subjcct to any abatemcnt,
set-off or deknce. This aubsection ehnll not prcvent the Club from mortgnging or encumbcring its
chaltels, fumiture or equipmont not of the nnturc of fixturcs,
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(4) Additions and Alterations
'it�c Club shall not make any elterations or additions to the Prcmius without the prior written consent of
the City's Director of Recrcation and Facilities. My such prc-opproved altcrations, adJition, or fixtures
shail be added ta the City's invrntory of fixtures, and shall fortn part of the City's property. The Club
nclmowledges tlwt it hns no claim to eny such alteration, addition or txturc upon the Termination of this
Agreemrnt.
1 I. INSURANCE & LIABILI'IY
(1) Club'slnsumnce
The Club shall wke out und kecp in force during the Term:
(a) comprehensivc insurance of the rypc commonly called general public liability, which shall
incluJe covernge for personal linbility, contractunl liability, Club's legnl liubility, non-owncd
automobile liubility, bodily injury, denth and property damage, all on nn occurrence basis with
respect to thc Club's use and occupancy of the Prcmises, with coverage for any onc occurrcnce or
cluim of not less than 52,000,000, or such other amount ns the City may rcasonably rcquire upon
not less than six months noticc nt nny time during the Term, which insumncc shall includc the
Ciry as a nameJ insurcJ nnd shall protcct thc City in respect of claims by the Club as if thc Cily
werc uparately insurcd; and
(b) insurance ngainst such o�hcr perils and in such nmuunts ns the City may from time to time
reasonobly requirc upon not less than 90 days writtcn notice, such rcquircment to be made on thc
basis that thc reyuired insurance is customary at thc lime for prudent tenants of similar properties.
All insurance rcyuircd to be maintaincd by lhc Club hcrcundcr shall bc on Tcrtns nnd with insurers to
which thc City has no rcasonablc ohjcction. [iach policy shnll cantnin a wnivcr by Ihc insurcr of nny
rights of subrogation or indemnity or any other claim ovcr to which thc insurer might othenvisc bc
cntitled ngainst the City or thc ugents or employces of thc City, and shall also contnin nn undcrtaking by
lhc insurcr that no matcrinl changc aJverse to thc City or the Club will bc mnde, and thc policy will not
Inpse or be cuncelled, except a(ter not less thnn thirty Jays wrinrn notice to thc City of the intended
chnngc, Inpsc or canccllation. Thc Club shall fumish to thc City, if nnd whenever requcsted by it,
ccAificatcs or othcr evidences acceptablc to the City ns to the insurnncc Gom timc to timc effected by the
Club nnd its renewal or continuation in force, together wilh cvidrnce ns to Ihe method of determination of
full replacemcnt cost of �he Club's Lcauhold Improvements, trade fixtures, fumiturc and cquipmcnt, and
if thc Ciry rcasonably concludes th�t the full replaccmcnt cost has bcen underestimated, the Club shall
forthwith arrangc for nny consequcnt incrcasc in coveragc required hereunder. If the Club shnll fnil to
take out, rencw and keep in force such insurance, or if thc evidences submiltcd to the City pursuant to the
preccding sentencc arc unacccptnble to the City or no such cvidcnccs nre submitted within a reasonablc
period a(ler rcquest Ihereforc by the Ciry then the Ciry may give to the Club writtrn notice rcquiring
compliunce with this section nnd specifying thc respccts in which the Club is not then in compliunce with
this section. If the Club dces not, within 72 hours or such lesser period as the City may rcasonably
reyuire hnving regurd to thc urgrncy of the situation, provide appropriate evidencc ofcomplinnce with
this section, the Ciry may, but shall not be obligated to, obmin some or ull of the ndditionnl coveruge or
other insumnce which the Club shall have failed to obtain, without prejudice to any other rights of the
City under this Leasc or othenvise, and tho Club shall pay all premiums and other expenses incurrcd by
thc Ciry in tlia� connection ns additionel rcnt pursuant to section 12 hcrcof.
(2) Limitation of Citv's Liubility
The Ciry shall not bc liablc for any bodily injury or denth of, ar loss or dmm�Qe to nny property belonging
to the Club or its employees, invitees or licensees ar ils gucsts, or to any other person in, on or nbout thc
Premises.
(3) Club's Indemnificntion of Citv
The Club shall indemniCy end save hartnless the City in rcspect oL
(u) all actions, cuuses of ncttons, suits, clnims nnd dcmands whntsocver, which muy ariu cithcr
directly or indircctly by reason of any ect or omission of the I.essee, its servants, licensees,
inviteos, membere, gueaW, contractota or agrnta in the use or occupotinn of the Prcmisos;
(b) eny losa, cost, expenae or damego auffered or incurtcd by the Ciry eriaing &om eny brcach by the
Club of nny of it� covenanta end ob8getions under Uiis Menegemont Agreemrnt; and
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(c) ell costs, expenscs and reasonable Icgel fas that may be incurred or paid by Ihe City in mforcing
aguinst the Club the covrnants, egrcements and representntiona of the Club act out in this
Management Agreement.
12. CITY'S ACCESS
(1) The Club shnll bc responsible far minor repairs to the Premius, at its cxpense, reasonable wear und trar,
firc dnmage, lightning dumage and stortn damage excepted.
(2) The Ciry shall be permiqed at any time nnd Gom time to time to enter and to have its authoriud agents,
employces and contrnctors enter lhe Premises Cor the purposes of inspection, maintrnance or making
rcpairs, and the Club shnll provide frce and unhampered uccess for the purpose, end shnll not be entitled
to compensation for nny inconvrniance, nuisance ar discomfort cnused thereby, but the City in exercising
its rights hercunder shnll proceed to the eatent reusonably possible so us to minimiu interferrncc with the
Club's use and rnjoymrnt of the Premises.
13. DELAY & NON-�VAIVER
(1) Unaveidable Delav
Except ns herein athenvise eapressly provided, if und whene�er and to thc cxtent thut either thc City or
the Club shall be prevented, delayed or restricted in thc fulfillmrnt of any obligntion hereunder in respect
of the making of nny repair, the doing of nny work or any other thing, other than the payment of rrnt or
other monies duc, by rcason oE
14.
(i) strikes or work stoppages;
(ii) inability to obtain any malerial, scn�ice, ulility or lubour requircd to fulftll such obligation;
(iii) uny statutc, law or regulntion of, or inability to obtain any permission from, any govcmmerit
owhoriry havins Inwful junsdichon prcvenling, dclnying or restricting such fulfillmcnt; or
(iv) other unavoidablc occurrcncc,
the time for fulfillment of such obligalion shall bc eatendcd during the period in which �auch
circumswnces operates to prcvent, Jalay or restrict the fulfillment thereof, nnd the other party shall not be
entiticd to compcnsatian for any inconvenience, nuisance or discomfort thereby occasioncd.
(2) Wuivcr
If either Ihc City or thc Club shall overlook, excusc, condone or suffcr uny defuull, brcuch or non-
obsarvancc by the olher of any obligation hcreunder, this shall not operate ns n wniver af such obligation
in rcspect of nny continuing or subsequrnt default, brcach or non-observance, and no such waiver shall be
implied but shall only be effcctive ifexpresscd in writing.
REMEDIES OF CITY
(I) [n oddition to ull rights and remedies of the Cr,y nvailable to it in the evrnt of any default hercunder by
the Club through improper complinnce or non-complinnce with any obligntion nrising cither under this or
nny other provision of this Management Agreement or under stntute or the gcncral law,
(n) thc City shall have the right nt nll times ro remedy or attempt to remcdy nny defaull of the Club,
and in so doing may mnke nny payments due or nlleged to be due by the Club to third parties nnd
may enter upon the Premises to do any work or other things thercin, nnd in such cvrnt nll
exprnses of the City in nmedying or attempting to remedy such defnult shall be payablc by thc
Club to the City as ndditionnl rent forthwilh upon demand;
(b) the Ciry shall have the same rights end remedies in the event of any non•payment by the Club of
any nmounts puyable by the Club under eny provision of this Management Agrcemcnt as in thc
cuse of n non-pnymrnt of rcnt; nnd
(c) iCthe Club shall fnil to pay uny rcnt or other nmounl from timc to timc payublc by it to thc City
hcreunder promptly whrn due, lhc Cily shell be entitled, if it shall dcmund it, to intemst thertron
at n rnte of thrce per cent per onnum in excess of the minimum lending rntc to primc commcrcial
borrowers from time to time curttnt et the Ciry's bank from the date upon which thc same Has
duc until ectual payment thereof.
5
� 158 �Z� RemediesCumuletive
The City may from time lo time rcsort to any or nll of thc rights and reme�ies available to it in ihe cvrnt
of any defnult hercunder by the Club, thraugh improper complinnce or non-compliance with any
obligation arising either under any provision oC this Munagement Agreement or undtt swtule or the
general luw, nll of which rights and rcmedics nrc intendcd to be cumulntive and not altemntive, and the
express provisions hereundcr as to cenain right nnd remedies are not to be interpreled as excluJing any
other or ndditional rights nnd rcmedies uvailnble to the City by smtute or the general law.
(3) Ri�;ht of Rc-Enlry on Defnull or Tertninution
If and whenever the rent hereby rcserved or othcr monies payable by tho Club or any part thereof shall
not be paid on the duy appointed for payment thercof, whether lawfully demanded or not, and Ihc Club
shall have fuiled to pay such rcnt or other monies within five (5) business days aRer the City shall have
givrn to the Club noticc requiring such payment, or if the Club shall breach or fail to observe and perform
uny of the covenants, nbneements, provisos, conditions and other obligntians on the part of the Club to be
kept, observed or performed hereunder, or if this Mnnagement Agreement shnll huve become Tertninated
pursuant to any provision hercof, or if the Ciry shall have become entitled to Terminate this Munagement
Ayeement and shall have given notice Tertninating it pursuant to any provision hereof, then and in evcry
such case it shall bc lawful for the City thcreafter to cntcr into nnd upon the Prcmises or any part thereof
in t ic nnme of the whole and the same to have again, repossess nnd enjoy ns of its (ormer estate, anything
in ihis Mnnagement Agreement conlnined to the cor.trrry notwithswnding.
(4) Tertnination & Re•Entry
(a) If nnd whencvcr the City becomes entitled to re•enter upon the Premises under uny provisian of
this Mnnagcment A�ecmcnt the City, in addition to all othcr rights nnd remedies, shall have the
right to Tertninate this Management Agrccmcnt faAhwilh by Icaving upon thc Prcmises notice in
wriling of such Tcrtnination.
(b) Thc 'Pcrm of this Agreemcnt may be tcrminatcJ by eilhcr Part upon six monlh's noticc to thc
other in writing.
(c) Thc Term of this Agrcemrnt muy be tcrminuted by thc Ciry upon Icn day's notice to the Club in
writing in thc evcnt that Ihe insurance requireJ lo be providcd in section I I of this A6rceement is
not provided or not kept in force.
(d) In thc cvent that this Abneemcnt is tcrtninatcd by the City pursuant to subscction (a), (b) or (c)
nbovc, thc City shall honour any bookings prcviously mude wilh the Club for the use of the
Premises aRer the cffective date of tertnination.
(5) Pavment of Rent, etc. on'fertninntion
Upon the giving by the City of n notice, in writing, tcrminating Ihis Managcment Agrccment, whether
pursuant to this or nny othcr provision of this Managemrnl Agreement, this Mnnagemcnt Agrcement and
the Term shall Terminatq rmt nnd uny other pay;i:cnts far which the Club is liuble under this
Mnnagement Agreement shall be computed, upportioned and paid in full to the date of such Tcrtnination,
and the Club shall immediately deliver up posussion of the Premises lo the City, nnd the City may rc-
enter nnd take possession of them.
I5. IMPROPER USE OP PREMISES; BANKRUPTCY
In casc without the writtcn consent of the City the Premises shall be used for nny purpose other thnn thnt for
which they were leased, or occupied by any persons whose occupancy is prohibited by this Mnnagemrnt
Agreement, or if thc Prcmises shall be vacated or nbundoned, or rcmnin unoccupied for fiReen (15) days or more
while cnpable of bein� occupied; or if the balance of the Term or any of the goods nnd chattels of the Club shall
nt nny time be scized in exccution ar nttachment, or iC the Club shall make any assignment for thc benefit of
creditors or nny bulk snle, become bunlwpt or insolvent or tnke the beneft of uny statutc now on c�rcaRcr in
force for bankrupt or insolv�mt debtors, thcn in ony such case thc Ciry mny nt its option Terminnte this
Mnnagemrnt Agrccment by leaving upon lhe Premises notice in writing of such Tertnination nnd th�rcupon, in
addition tu lhc paymcnt by thc Club of rent nnd other puymcnts for which thc Club is linble under this
Mnnngement Agreement, rcnt Cor the curtent month nnd the ncxt cnsuing 3 months shall immcdiutely becomc duc
nnd paid by thc Club.
�6 �
16. MISCELLANEOUS PROVISIONS ! 5(3
(1) Reaistretion of Mannaemrnt A¢reemrnt
Neither the Club r.. •, the City shall rcgister this Managcment Agrcement or a notice of this Managemrnt
Agmment.
(2) Munauement ARreemrnt Constitutes Entirc Aarcement
Therc nrc no covrnnnts, rcprcsentations, warranties, ngreemrnts or conditions eapress or implicd,
colleterol or olherwise forming part of or in any way effecting or rcleting to this Managemrnt Ayreement
save as expressly set out in Ihis Managemrnt Agreement; this Munngement Ageemrnt constituus the
rntire ngrecment between the City and the Club nnd may not be modified except as herein explicitly
provided or except by ugreemrnt in writing exccuted by the City and lhe Club.
(3) Notices
My notice nquired or contemplated by any provision hereof shull be given in writing, and
(u) iY to the Ciry, either delivered to thc Ciry Clcrk persanally or mailed by prcpaid registcred mail
addressed to The City Clerk, T}ie Corporrtion of the Ciry of Pickering, Pickering Civic Complex,
One 71ie Esplanade, Pickering, Ontnrio Ll V 6K7; nnd
(b) if to thc Club, either delivercd to'ilie Cnnndinn Progress Club- Durham South, c/o the President
or Secrctary, at Pickmng, Ontnrio.
Gvery such notice shall be decmed to have been givcn whcn Jelivered or, if mailed ns uforesaid, upon the
third day alter thc day it is mailed. Giihcr party may Gom timc to timc by notice in writing to the other,
Jcsignate anolhcr nddress in Canacla ns thc addrcss to which notices arc to bc maikd lo it.
(4) Interprctation
All of the provisions of this htnnagement Agrecment orc to be construed ns covennnts nnd ngreemrnts ns
though words importing such covcnants nnd agrccmcnts were used in cuch stpamte pravision hereof, and
lhe titles nnd captions nppearing for thc provisions of this Management Agrecment havc bcen inscrted ns
n matter of com�cniencc nnd for refercncc only and in no way dcfine, limit or enlarge lhe scope or
mcaning of this Manngemrnt Agrcemenl or of nny provision hcrcof.
(5) Extcnt of Man�RCment A�rcement Oblivations
This Mnnagement Agrcement nnd everything hcrcin contained shall enure lo the benefit of nnd be
binding upon the rcs{xctivo heirs, cxecutors, ndministrators and other Icgal rcpresentatives, ns the case
may be, of each party hercto, and evcry rofercnce herein to any party hereto shall include lhe heirs,
executors, administrators, nnd other logal representatives of such party.
(G) Schedules
Schedule "A" nttached htteto form part of this Agreemcnt.
IN WITNESS WHEREOF the Parties hcreto have executed this Indenture.
S/GNED, SEALED AND DELIVERED
THE CANADIAN PROGRESS CLUB - DURHAM SOU'CE{
THE WRPORAT[ON OF THE CITY OF PICKERING
Wayne Arthure, Mnyor
Bruce Teylar, Clerk
r .7
Schedule A
• ' TIiE CORPORATION OF THE CITY OF PICKERIIVG
160
DepArtment of OperaUon� Rnd Emergency Scrvicca
Culturc and Recreal(ou Dlv(alon
ALCOHOL MANAGEMENT POLICY
January 17, 2000
PUltPOSE
The purpose of this policy is to endenvor to ensure the appropriete munagcment of thc
use and consumpdon of alcoholic bevernges in municipally owned facilitics; to avoid
related problems und to ensure ihe safety and well being of all pariicipants and to protect
the Corporadon, its employees nnd volunteers.
DEFINITIONS
In this Policy, the term,
a) "licensed function" mcans a function for which a permit hus been issued
by, or is othenvise liccnsed by, the Liquor License Boarcl of Ontario at
which nicoholic bevcrages muy be consumcd;
b) "closed privute liccnsed function" mcnns n liccnscd function determined
by the Division Nead of Culturc und Rccrention to bc closed to the gencral
public nnd of a private nnturc;
c) "dcsignnteJ fncility" mcnns a City o«�ncJ building, park, opcn spacc and
associatcd parking lot designatcd by this policy as suitablc for un indoor or
outdoorliccnscd function;
J) "uscr" mcans a person, group or nssocintion lo whom thc Ciry has granted
written pecmission to use a designnled fncility for a licensed function and;
c) "Division Ilcnd" mcans tl�c City's Division Hcud of Culturc nnd
Recrcntion or dcsignatc.
DESIGNATED PACILITIES
'Cho following arc dcsignnted facilities for indoor licensed fwctions:
u) Broughem Communiry Centro
b) "New" Clnrcmant Community Centre
c) Don Dcer Sporls Fuciliry Communiry Centre
d) Dr. N.P. Tomlinson Communiry CenUe
e) East Shore Community Ccntre
� Grecn River Community Centre
g) Greenwood Community Centrc
h) Mount 7.ion Community Cenire
i) Pickering Civic Complex
j) Pickering Recrca6on Complex
k) Seniots Centre (All) .
1), West Shore Community CenVe
m) Whitevale Community Centre
: . • ' . .; . , • ;: ;' ,- , " ; . `
• ' 2. The following are desi�naled facilitics 1'or outdoor licensed functions:
a) Clarcmont Communiry Park 1� i
b) Dunmore Park
c) Kinsmcn Park
d) Alex Robcrtson Pnrk (formcrly Ontario Hydro Park)
SAFE TRANSPORTATION
t. Only lhosc users implemrnting n safe transportnUon stratcgy (c,g., n ucsignuted
driver progrum, an nitemate home trunsporintion optian) to prevent intoxicaled
parlicipnnts Crom driving will be permittec� � use designnted facilities for licensed
functions.
2. The Division Heud may require a potential user to demonstrate that the u;er will
implement such a strategy if written permission to usc the dcsignated fncili ty for u
liccnsed function are grunted.
NO ALCOHOL AND LOW ALCOfiOL DRINKS
l. Only users ollering a sufficient quentity of no alcohol and low alcohol drinks will
bc pertnitted to use dcsignntcd fucilitics for licensed functions.
2. Thc Division Head may rcquire a potcntinl user to demonstrate that such n
slmtcgy will be implcmcntcd by thc user if written permission to usc the
dcsignated fucility for a licensed function is gruntcd,
"STATEMENT OF INTOXICATION" SIGN
I. Users oCdcsignatcd fnr�!;i;cs for liccnscd functions shall display promincntly in
ti�c faciliry u sign or signs indicating that it is illcgul to scrvc participants to u stnte
uf intoxicution. 5uch signs shall rcad as follows:
"City of Pickering — Department of Operations and Emcrgcncy Scrviccs — Culturc
and Rccrcation Uivision"
Stalcnicnt oj/rr7ozlcutlat
IT IS CONTItARY TO THB LIQUOR LICENSE ACT OI� ONTAIt10 TO SBRVE
PERSONS TO INTOXICATION. FOR TFfIS REASON, SERVGRS IN THIS FACILITY
ARE ItEQUIRED TO ODEY THG LAW AND NOT SERVC ANYONE TO
1NTOXICATION. SHOULD YOU WISlI NO ALCOHOL OR LOW ALCOHOL
"DREATfIGR" ROUND, RBQUEST A SOMT DR(NK, COFFEG OR SMALLER'fHAN
USUAL PORT[ON OP ALCOHOL.
2. Sisns shnil bc provided by the City to «sers for dispiny by thcm in U�e dcsignnted
facility during the liccnsed function.
PARTICIPANT CONTROL
1. Only users providing sufiicient controls W prevent underage, intoxicated or ro�vdy
persons from entering the designated fucility to refuc scrvice to such persons und
to remove such persons from the designated facility will be permittcd to usc
designnted facili6es for licenscd functions.
- 2. Such controls shall include thc foUowing:
16 � n) having u supervisor in chargc of the liccnscd fwction prucnt in U�e
dcsignnled fncility et nl) times during the Cunction.
b) having at least two monitors nt each onlrancc to the liccnsed twction at all
times during the tunction;
c) uccepting only uge of mnjority card, e photo driver's licensc or u passport
as idcntificudon tor entry;
d) having a monitor or monitors (other than enlrancc monitor) in thc
designntcd faciliry at all times during the function at least or.e moniwr for
evcry 200 participunu;
e) using monitors and scrvers who arc 19 years of nge or oldcr;
� using monitors nnd scrvcrs who do not consumc alcoliol during the
functioa; and
g) providing a list of thc numcs oCsupervisors, monitors und servcrs to ihe
Division Hcad prior to thc function.
3. Thc Division Hcnd may rcquirc a potcnunl uscr to dcmonstrate Uiat such controls
will be imposcd by thc uscr if writtcn permission to usc the dcsignated fncility for
a liccnscd funcdon is gruntcd.
4. Closcd privntc licenscd functions are exempt from this scction of thc policy;
howcvcr, users of dcsignalcd fucilitics for closcd privatc liccnscd funclions shall
bc cncourngcd to imposc voluntarily thc controls sct out abave sincc Uuy arc not
exempt from responsibility for cumplinncc «�i1h the Inw unJ :or the sobriety nnd
safcty of pnrticipants.
SUPF.RVISOR, MONITOR. AND SERVFR TRAINING
I) Only uscrs providing sufticicnt numbcrs of supervisors, monitors and servcrs U�nt
havc attendcd an appropriatc tmining coursc in scrvcr intcrvcntion will bc
permittcd to usc dcsignatcd facililics for liccnscd funclions.
2) 5uch training should utiliu thc Addiction Kcscarch Foundution course matcrial,
und mny be providcd, at a rcasonable cost, ttuough the Division of Culture and
Recrcation.
3) Closed privntc liccnsed functions nre cxempt from this scction of the policy;
howevcr, users of dcsignated fncilities for closcd privatc licensed functions shall
be encouraged to provide voluntarily properly trained supervisors, monitors nnd
servers since such uscrs urc not excmpt Gom responsibiliry for wmpliancc with
thc lnw and for the sobriety nnd safcty oCparticipants,
�
INSURANCE
1. Only users having u minimum of S1,000,000 third pnAy gencral liubility t fi 3
insurnncc coveragc, naming thc Corporation of thc Ciry of l'ickering ns w-
insured, will bc pertnitted W use designatcd facilitiu for licensed tuncUons.
2. Thc Division Hcnd mey require a potendal user to dcmonstrate that such
insurancc coverage is in pluce befo�ro writtcn permission tn use the designuted
fuaility tor n licsnsed function is grnntcd.
ACCOUNTABILITY
l. Users of designatecl facilities for licenscd Cunctions shall display prominenUy in
the tacility n sign or signs informing participants oCthe following:
a) the namc, address and telcphone number of the user;
b) the name, address nnd telephone number of the reprcscntative otthe uscr
responsible for the function;
c) thc nddress und tcicphonc numbcr of thc Liquor Licensc Doard of Ontnrio;
and
d) thc addrcss and tcicphonc number of the Division oC Culture and
Recrcation
2. A user thnt contravencs nny City policy or procedure or uny applicabie Inw may bc
rcfused permission to use dcsignatcd fncilities for licensed functions, at the Division
Flcacl's Dircction;
a) indefinitcly, or
b) until thc uscr cun demonstratc to thc Division I Icad's satisfaction that
n furthcr conuavcntion sliall not occur.
CRO�tOTING TIIE POLICY
The Division of Culturc nnd Itecrcation shall dcsign nnd implement, in
consultntion with thc Addiction Rescurch Foundation, a strategy to orient all
potentinl uscrs to the rcquircmcnts of this policy and to promote this policy to thc
community at Inrgc.
TIi15 POLICY SFIALL RGMAIN M GFFGCT WITII AMEND FROM'fIME TO T1ME
OR UNTIL SUCH TIME AS IT IS REPEALGD.
�-=� �
- �Step n Reyno ds, .D.M.R.
Division , Culture and Recrention