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HomeMy WebLinkAboutCR 08-16 Cali °0T- Report to 1.1 ,�,; Executive Committee PICKERING Report Number: CR 08-16 Date: June 20, 2016 From: Marisa Carpino Director, Culture & Recreation Subject: Community Association Lease Agreement - Claremont Golden Age Seniors Club - File: A-1440 Recommendation: 1. That the Mayor and City Clerk be authorized to execute the Lease Agreement with Claremont Golden Age Seniors Club set out in Attachment 1 to this Report, subject to minor revisions acceptable to the Director, Culture & Recreation and the Director, Corporate Services & City Solicitor; 2. That the appropriate City officials be authorized to take the necessary actions as indicated in this report. Executive Summary: On April 22, 2014, Council approved Resolution #224/14 authorizing staff to prepare written facility agreements with various community associations regarding exclusive and/or regular use of City owned facilities; with each such agreement to be brought back to Council for consideration and approval. As such, staff have prepared a draft lease agreement with the Claremont Golden Age Seniors Club for their exclusive use of an activity room and storage room at Dr. Nelson F. Tomlinson Community Centre. The Culture & Recreation Department recommends that the Lease Agreement included as Attachments 1 be initiated for a five year term beginning July 1, 2016 and ending June 30, 2021. Financial Implications: The City of Pickering is responsible to fund the general operating costs (such as utilities, water treatment systems, septic systems) of the Dr. Nelson F. Tomlinson Community Centre. The portion of operating costs attributed to the activity room used exclusively by the Claremont Golden Age Seniors Club is nominal. Operating costs for the Dr. Nelson F. Tomlinson Community Centre are reflected annually in the Culture & Recreation Department current budgets and do not include capital expenditures that vary year-to-year depending on facility need. Claremont Golden Age Seniors Centre is responsible to fund the day-to-day costs to operate and maintain the Club within the activity room, which includes program supplies, cleaning supplies/services, administrative and insurance costs. CR 08-16 June 20, 2016 Subject: Community Association Lease Agreement Page 2 Discussion: For the past several years, the Claremont Golden Age Seniors Club have operated their club activities exclusively from one activity room and storage room located at the Dr. Nelson F. Tomlinson Centre (formerly the Claremont Community Centre) under a verbal agreement with the City of Pickering. During this time, the Claremont Golden Age Seniors Club have maintained the premises and operated their activities in a diligent and conscientious manner that has satisfied the City. For a nominal annual membership fee of $10, Claremont Golden Age Seniors Club members are offered a regular schedule of activities at their Seniors Centre that provide invaluable social interaction and community connectedness. The Club activity schedule is Tuesday evenings from 7 pm to 10:30 pm for cards, first Thursday of the month from 1 pm to 3:30 pm for their monthly club meeting, third Thursday of the month from 11:30 am to 3 pm for pot luck lunch and cards and every other Saturday night from 7 pm to 10:30 pm for cards. In exchange for the Club's work to maintain the premises and to coordinate, implement and fund these invaluable programs to the seniors' community, the City of Pickering provides the Club with the exclusive use of the activity room (their Seniors Centre) and storage room at no cost. As per the request of Council in 2014, as per resolution #224/14, City staff have prepared a written lease agreement to document this longstanding verbal agreement. As per the terms and conditions of the attached written agreement, the Club is responsible to provide general maintenance services for the premises at its own expense. The Club will also maintain insurance in the amount of 2 million dollars. The City is responsible for all day-to-day operating expenses of the Dr. Nelson F. Tomlinson Community Centre including utilities, snow removal and water treatment systems. The Culture & Recreation Department recommends that the Lease Agreement included as Attachments 1 be initiated for a five year term beginning July 1, 2016 and ending June 30, 2021. Attachments: 1. Draft Lease Agreement with Claremont Golden Age Seniors Club. 2. Location Map of Dr. Nelson F. Tomlinson Community Centre. CORP0227-07/01 revised • CR 08-16 June 20, 2016 Subject: Community Association Lease Agreement Page 3 Prepared/A proved/Endorsed By: Marisa Carpino Director, Culture & Recreation :mc Recommended for the consideration of Pickering City Council 6a116e° /-/a/ 3/1201'6, Tony Prevedel, P.Eng. Chief Administrative Officer CORP0227-07/01 revised • ATTACHMENT# 2- TO REPORT# � �� Co - u7 I I Ii r I I 0 CENTRAL STREET II —IT /I - L 1 � I 11 n ,__i 0 LID WELLINGTON STREET w w w I ❑ u) Q II 0 I ] I I v P1 SUBJECT I AREA F-7 - F.- 1 rJ p Dr. Nelson F. � \ Lr QO Tomlinson 0 Community Centre Y ' � � r U ' - t ' O Xi - I O° ------------ -------- It : J • • _J CLAREMONT PARK I I f—I r— i II rr ENGINEERING&PUBLIC ATTACHMENT FOR CULTURE & �`�� WORKS DEPARTMENT SiLY o¢ CAPITAL PROJECTS& RECREATION REPORT CR 08-16 ItAr_� INFRASTRUCTURE Community Association Lease Agreement- _ g, N.T.S J e 20/2016 Claremont Golden Age Seniors Club ti CO r- a t4 tot f__ ATTACHMENT#_LTO REPORT#_.o: • Lease Agreement This Lease is made as of the 1st day of July, 2016. Between: The Corporation of the City of Pickering-, (the City ) / - and - Claremont Golden Age Se s Club N � (the "Club") , �, / Article Interpretation / \ / Definitions K\-::-."--.--„,„ ��`*, 1. In this Lease, `•..., \*.,\ (a) "Commencement Date" means/July 1, 2016; ////./ 1 l (b) "Lease" means this lease as it may be amended from time to time; -.„._ (c) "Premises",- eans that-portion of the Claremont Community Centre �,considered�to be the Claremont'Seniors Centre composed of the first floor / seniors activity,room and storage room therein as shown on Schedule "A" attached, ,l ereto;''located at 4941 Old Brock Road, in the City of Pickering, \ Regional Municipality of Durham; (d) \"Rent" means1the rent payable pursuant to Section 21; and �, (e) "Term";m�eans the term of this Lease as set out in Section 18. Headings 2. The division of this Lease into articles, sections, subsections and schedules and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Lease. 2 Schedule 3. Schedule "B" (City's Alcohol Management Policy) and Schedule "C" (City's Conditions of Agreement) are incorporated into and form part of this Lease. Severability 4. All of the provisions of this Lease are to be construed as/covenants even where not expressed as such. If any such provision is held to be or rendered invalid, unenforceable or illegal, then it shall be considered1separate and severable from this Lease and the remaining provisions of this Lease'-shall remain in force. Number 5. Wherever a word importing the singular number only is used in this.Lease, such word shall include the plural. Words<importing eithergender or firms or corporations shall include the other gender and individuals, firms or corporation where the context so requires. , \ ,./ \\\\ Governing Law .` 6. This Lease shall be governed by, and interpreted and enforced in accordance with, the laws in force imthe Province of'Ontario› ... Entire Agreement// \\V � 1 7. This Lease constitutes/the entire a reement between the parties concerning the Premises and may-only be-amended or supplemented by an agreement in writing signed by both parties. -- Article II Grant and Use Grant \\\\.. N =i 8. In consideration,,of the performance by the Club of its obligations under this Lease, the City'leases the Premises to the Club for its use during the Term. Club Use of Premises 9. The Premises shall be used only for non-profit functions, charity events or non- commercial receptions of the Club at its expense and for no other purpose without the prior written consent of the City. 3 10. The Club's use of the Premises shall be in accordance with the City's Alcohol Management Policy (Schedule "B") and Conditions of Agreement (Schedule "C"). Nuisance 11. The Club shall not carry on any activities or do or suffer any act or thing that constitutes a nuisance or which is offensive or an annoyance to the City. City Use of Premises f 12. Subject to section 11, the City shall have first right of.refusal to use the Premises. The Club shall not be entitled to any'rental fees'or other remuneration associated with the use of the Premises by the,City. \\, Assignment and Subletting // 13. The Club shall not assign this Lease or sublet all,or any portion of the°Premises without the prior written consent of the City.\✓f Licences 14. The Club may not grant licences to use the Premises. < o� 15. The Club shall submit their.annual financial statement to the City by October 1st of each year ; ' \\ 16. The Club shall 'submit an annual calendar of Club activities to the City by December 1st of,the,previous-year. ` 17. The Club shall°submit aslist of the Club Board of Directors to the City by October 1st of each year. \\,\\ Article Ill r r Term Term - , 18. The term of this Lease shall be five (5) years from the Commencement Date to June 30, 2021. 19. The City may terminate this Lease at any time for any reason provided it has given the Club six (6) months prior notice. 4 Overholding 20. If the Club remains in possession of the Premises after the expiry of the Term, there shall be no tacit renewal of this Lease or the Term, notwithstanding statutory provisions or legal presumption to the contrary, and the Club shall be deemed to be occupying the Premises from month to month upon the same terms, covenants and conditions as are set forth in this Lease insofar as they are applicable to a monthly tenancy. Article IV ,, \.. Rent Rent 21. The Club shall pay to the City as rent.forrthe entire the Term in lawful'money of Canada the sum of One (1) Dollar ($100) / Gross Lease \ \\\\\ The City acknowledges that this isss.lease and agrees to pay all charges, impositions and outlays of every nature and kind relating to the Premises except as expressly set out in this Lease. \ / .,--.., `� -4 ,..,,, / <\/7 \ \ , ) / Article V \.Maintenance,-Repairs and Alterations -tea_ `�-- ' Maintenance of Premises I, ,, :\, 23.x` The Club shall-maintain.and operate the Premises so that they shall always be of \good appearance and suitable for the proper operation of the Premises. 24. The,Club shall provide general maintenance services to the Premises at its expense and shall provide all necessary cleaning and maintenance supplies such as cleaning products, related paper products and cleaning equipment. 25. The City, or its'designate, shall be responsible for all day-to-day operating expenses including garbage removal and furniture/appliance life cycle replacement. The Club shall not be responsible for utilities. 26. The City, or its designate, shall provide snow removal services for the parking lot, sidewalks, walkways and all other areas of pedestrian passage on the Premises. 5 27. (1) Subject to subsection (2), the City shall be responsible for all inspections and preventative maintenance with respect to the heating equipment, transformer, parking lot, lights and exterior grass cutting and landscaping. (2) The Club shall be responsible for any damages or costs incurred due to the misuse or negligence of the Club, its employees, invitees, servants, agents, or others under its control and the Club shall pay to the City on demand the expense of any repairs including the City's reasonable administration charge necessitated by such negligence or misuse. 28. The Club shall immediately notify the City of any unsafe conditions on the Premises. Security 29. The Club shall be responsible for the security of the Premises. Th „Club will ensure that no copies of the keys to the Premises are made without the prior written consent of the City. , Alterations/Improvements to Premises 30. The Club shall only be perm tted,to m ke,alterat ons"and improvements to the Premises that have been approved by'the City. Article VI / Insurance and Indemnity Club's Insurance I 31. The'Club a t solecst and expense, shall take out and maintain, \` \* ``.,(a) insurance upon property owned by it which is located on the Premises; \\,(a)\ insurance \ 1 (b) c mmercial general liability insurance pertaining to the Club's liability to others,in'respect of injury, death or damage to property occurring upon, in or about the Premises, and abuse insurance. Such insurance to be of an amount'which is reasonable and sufficient having regard to the scope of the risk and the current practice of prudent owners of similar premises for the carrying on of similar businesses, but in any event in an amount not less than two million dollars ($2,000,000.00) for claims arising out of one occurrence. Such policy shall also name the City as an additional named insured and may not be cancelled unless prior notice by registered letter has been given to the City by the insurer 30 days in advance of the expiry date. 6 32. Prior to the Commencement Date, the Club shall file with the City a Certificate of Insurance in a form satisfactory to the City Treasurer, verifying that the commercial general liability insurance policy is in effect and setting out the essential terms and conditions of the insurance. 33. The provision of the insurance policy required by this section shall not relieve the Club from liability for claims not covered by the policy or which exceed its limits, if any, for which the Club may be held responsible. Insurance Risks 34. The Club shall not do, omit to do, or permit to be done or omitted to be done upon the Premises anything that may contravene or be prohibited by any of the City's insurance policies in force from time to time covering or relevant to any part of the Premises or which would prevent the City from procuring its policies with companies acceptable to the City. If the conduct of business in the Premises or any acts or omissions of the Club on the Premises causes or results in any increase in premiums for any of the City's insurance policies, the Club shall pay such increase to the City. Indemnification 35. Each of the City and the Club shall indemnify and save harmless the other from and against any and all actions, losses, damages, claims, costs and expenses (including solicitors' fees on a solicitor and client basis) to which the party being indemnified shall or may become liable by reason of any breach, violation or non-performance by the party so indemnifying of any covenant, term or provision of this Lease or by reason of any damage, injury or death occasioned to or suffered by any person or persons including the City or the Club, as the case may be, or any property by reason of any wrongful act, neglect or default on the part of the party so indemnifying or any of those persons for whom it is in law responsible. For greater certainty, the limitation of liability set out above in this section does not extend to claims, losses or damages resulting in whole or in part from the gross negligence or wilful misconduct of the party claiming indemnification, its employees or those for whom it is in law responsible. Article VII Remedies on Default City's Right to Re-Enter 36. If any amount payable to the City under this Lease shall remain unpaid for fifteen (15) days after the Club has received notice thereof, then it shall be lawful for the City at any time thereafter to re-enter the Premises. 7 City's Right to Remedy Default 37. In addition to all other remedies the City may have under this Lease and in law, if the Club is in default of any of its obligations under this Lease, and such default has continued for a period of ten (10) days after receipt of notice by the Club (or such longer period as may be reasonably required in the circumstances to cure such default, except in an emergency where the City will not be required to give notice), the City, without prejudice to any other rights which it may have with respect to such default, may remedy such default andAhe Club shall be responsible for all such costs. <(/// / Waiver 38. No condoning, excusing or overlooking by the City of any default; breach or non-observance by the Club at any time or times in respect of any°covenant, obligation or agreement under this Lease shall operate as a waiversof the City's rights hereunder in respect of any continuing or subsequent default,breach or non-observance, or so as to defeat or affectxin any way the rights of the City in respect of any such continuing°or subsequent default or breach, and no waiver shall be inferred from or implied by'anything donor omitted by the Club save only an express waiver in writing. °`� \-\ q ^\ Article VIII Miscellaneous Quiet Enjoyment ---.. 39. The City shall permit the Club to peaceably possess and enjoy the Premises during the Terrim,without any interference from the City, or any person lawfully claiming by, from or under the City provided the Club is not in default. \)\ Right of`Entry °a 40. The Club agrees permit the City and authorized representatives of the City to enter the,Premises during normal business hours for the purpose of inspecting the Premises. The City shall use its best efforts to minimize the disruption to the Club's use of the Premises during any such entry. Signs 41. The Club may only erect signs on the Premises with the City's prior approval. All such signs shall be removed from the Premises at the end of the Term. • 8 Compliance with Laws 42. The Club, at its sole cost and expense, shall comply with all legal requirements (including statutes, laws, by-laws, regulations, ordinances, orders, rules and regulations of every governmental authority having jurisdiction) that relate to the use of the Premises by the Club or the making of any improvements to the Premises by the Club. Notice 43. Any notice required to be given by the City to theClub,under this Lease shall be in writing and shall be delivered to the Premisesor such other address of which the Club has notified the City in writing, and any such notice delivered shall be deemed good and sufficient notice undepthe-terms of this Lease. t'/ ,,- \\ 44. Any notice required to be given by the Club to the City under this Lease shall be in writing and shall be delivered to The Corporation of the City of Pickering, Pickering Civic Complex, One The Esplanade; Pickering, Ontario (Attention: City Clerk) or such other address/of-which the City has notified the Club in writing, and any such notice delivered"""shall'be deemed,good and sufficient notice under the terms of this Lease. , �' � \ Successors and Assigns '-�. \\„.�j;' 45. This Lease shall enure tne benefit of and be binding upon the parties and their respective successors (including any'successor by reason of amalgamation or statutory arrangement)<andf-permitted assigns. \` _ �4 V Schedules �-r' /"‘'N, 46. S6 hedules "A' ,\B",,anVC",attached hereto form part of this Agreement. In.Witness Whereof the parties have executed this Lease. 1 ��/ The Corporation of the City of Pickering David Ryan, Mayor Debbie Shields, City Clerk • 9 Claremont Golden Age Seniors Club Linda Lusted, President ts); Barb Tran;`/Seebretary Kt ,••7'.2 ' \\:\\\ r \ �, t// „, c\--...„.„• \-\,-,,T\...„,,,,,,, \ \ 'yl Si F •y,. \\ ), ____ \\\\' . \\„\\\,\ \\\> . -\\\ , ‘ • w N r _ m HI N o_ qt—t"9 'III;k 0 tiwil eeeali 01�N n uLI NN A._ — V i t _irlik U - I r mr 1''* - II Z2 �, m w2 o r�� zI . - 411_41L . i D. 11 — Y l w w J CO D _J CI 0 as 0 F tY R 0 • Z in w Y , -1 - M il w wo I- LL 0 Z Ul 11 w A - z z DQ J J I—J L d O � 0 ie■swa HOQ O J w• zo < 0I J fY 0 0 0 0 Schedule B THE CORPORATION OF THE CITY OF PICKERING Engineering & Public Works Department Culture & Recreation Department MUNICIPAL ALCOHOL POLICY December 17, 2014 Purpose The purpose of this policy is to endeavor to ensure the appropriate management of the use and consumption of alcoholic beverages in municipally owned facilities; to avoid related problems and to ensure the safety and well being of all participants and to protect the Corporation, its employees and volunteers. 1. Definitions In this Policy, the term, (a) "Licensed function" means a function for which a permit has been issued by, or is otherwise licensed by, the Liquor License Board of Ontario at which alcoholic beverages may be consumed; (b) "Closed private licensed function" means a licensed function determined by the Director of Culture and Recreation.to be closed to the general public and of a private nature; (c) "Designated facility" means a City owned building, park, open • ' space and associated parking lot designated by this policy as suitable for an indoor or outdoor licensed function; (d) "User" means a person, group or association to whom the City has granted written permission to use a designated facility for a licensed function and; (e) "Server" means any person serving alcohol 2. Designated Facilities (1) The following are designated facilities for indoor licensed functions: (a) Brougham Community Centre (b) Claremont Community Centre (c) Don Beer Sports Facility Community Centre (d) East Shore Community Centre (e) Front Street Centre (f) Green River Community Centre (g) Greenwood Community Centre (h) Mount Zion Community Centre (i) Pickering Civic Complex (j) Pickering Recreation Complex (k) Seniors Activity Centre (I) West Shore Community Centre (m) Whitevale Community Centre (n) Petticoat Creek Community Centre (o) Pickering Museum Village (2) The following are designated facilities for outdoor licensed functions: (a) Claremont Community Park (b) Dunmoore Park (c) Kinsmen Park (d) Pickering Museum Village 3. Alcohol Restrictions Within Designated Facilities All designated facilities defined in this policy shall be deemed a "public place" and as such, in accordance with Section 31 of the Liquor Licence Act, R.S.O. 1990, c.L. 19, no person shall have or consume or sell liquor in any designated facility unless a licence or permit is issued or unless specifically covered by an L.L.B.O. permit. 4. Safe Transportation (1) Only those users implementing a safe transportation strategy (e.g., g a designated driver program, an alternate home transportation option) to prevent intoxicated participants from driving will be permitted to use designated facilities for licensed functions. (2) The Director may require a potential user to demonstrate that such a strategy will be implemented by the user if written permission to use the designated facility for a licensed function is granted. 5. No Alcohol and Low Alcohol Drinks (1) Only users offering a sufficient quantity of no alcohol and low alcohol drinks will be permitted to use designated facilities for licensed functions. (2) The Director may require a potential user to demonstrate that such a strategy will be implemented by the user if written permission to use the designated facility for a licensed function is granted. 6. "Statement of Intoxication" Sign (1) Users of designated facilities for licensed functions shall display prominently in the facility a sign or signs indicating that it is illegal to 2 1 serve participants to a state of intoxication. Such signs shall read as follows: City of Pickering — Department of Engineering and Public Works Services— Culture and Recreation Department. Statement of Intoxication It is contrary to the Liquor Licence Act of Ontario to serve persons to intoxication. For this reason, servers in this facility are required to obey the law and not serve anyone to intoxication. Should you wish a no alcohol or low alcohol "breather" round, request a soft drink, coffee or smaller than usual portion of alcohol. (2) Signs shall be provided by the City to users for display by them in the designated facility during the licensed function. 7. Participant Controls (1) Only users providing sufficient controls to prevent underage, intoxicated or rowdy persons from entering the designated facility, to refuse service to such persons, and to remove such persons from the designated facility will be permitted to use designated facilities for licensed functions. (2) Such controls shall include the following: (a) Having a supervisor in charge of the licensed function present in the designated facility at all times during the function. (b) Having at least two monitors at each entrance to the licensed • function at all times during the function; (c) Accepting only an age of majority card, a photo driver's license or a passport as identification for entry; (d) Having a monitor or monitors (other than entrance monitor) in the designated facility at all times during the function at least one monitor for every 200 participants; (e) Using monitors and servers who are 19 years of age or older; (f) Using monitors and servers who do not consume alcohol during the function; and (g) Providing a list of the names of supervisors, monitors and servers to the Director prior to the function. 3 (3) The Director may require a potential user to demonstrate that such controls will be imposed by the user if written permission to use the designated facility for a licensed function is granted. 8. Supervisor, Monitor, and Server Training (1) Only users providing sufficient numbers of supervisors, monitors and servers that have attended an appropriate training course in server intervention will be permitted to use designated facilities for licensed functions. (2) Such training should utilize CAMH course material, and may be provided, at a reasonable cost, through the Department of Culture and Recreation. (3) The Director may require a potential user to demonstrate that sufficient numbers of supervisors, monitors and servers that have attended such a course will be provided by the user if written permission to use the designated facility for a licensed function is granted. (4) Closed private licensed functions are exempt from this section of the policy; however, users of designated facilities for closed private licensed functions shall be encouraged to provide voluntarily properly trained supervisors, monitors and servers since such users are not exempt from responsibility for compliance with the law and for the sobriety and safety of participants. (5) All servers must be "Smart Serve Certified" 9. Insurance (1) Liability Insurance is a mandatory requirement for all individuals/community user groups utilizing city-owned or operated facilities within the City of Pickering. All programs, meetings, recreational events, cultural and social events require liability insurance. Users groups can provide personal proof of insurance, a minimum of$2 million insurance, naming the City of Pickering as an additional insured, or purchase insurance through the City of Pickering, Facility User Group Program. Rates for insurance coverage will vary depending on risk factors, length of the activity, the number of participants, among other factors at the event. Any changes in activities by the user group must be reported to Facility Booking Staff for possible adjustments to the permit. Insurance information must be received and paid in full before the permit start date. Liability Insurance covers from the time and date reflected on the rental permit only. The extra fee for the liability insurance will be added to the rental agreement with the applicable taxes. 4 • (2) When a patron requests a facility/ice rental, facility booking staff members will confirm the event/function required on the permit. Facility staff will review the Liability Insurance User Group Rating Schedule to determine the appropriate fee to be charged to the individual/community user group. (3) Only users having a minimum of$2,000,000 third party general liability insurance coverage, naming the Corporation of the City of Pickering as an additional insured, will be permitted to use designated facilities for licensed functions. 10. Accountability (1) Users of designated facilities for licensed functions shall display prominently in the facility a sign or signs informing participants of the following: • (a) The name, address and telephone number of the user; (b) The name, address and telephone number of the representative of the user responsible for the function; (c) The address and telephone number of the nearest Police Station; (d) The address and telephone number of the Liquor License Board of Ontario; and (e) The address and telephone number of,the Department of Culture and Recreation (2) A user that contravenes any City policy or procedure or any applicable law may be refused permission to use designated facilities for licensed functions, at the Director's discretion; Indefinitely, or (a) Until the user can demonstrate to the Director's satisfaction that a further contravention shall not occur. 11. Promoting the Policy The Department of Culture and Recreation shall design and implement, in consultation with CAMH, a strategy to orient all potential users to the requirements of this policy and to promote this policy to the community at large. J:FACILITY\FAC1000\MISC\Municipal Alcohol Policy.DOC 5 • Schedule C Obi oe Facility Rental Application PIC E I Conditions of Agreement 1) The City reserves the right to cancel any permit temporarily or permanently, should accommodation be required for special events, or in an emergency. 2) 50% of payment is due at time of booking. This is a non-refundable deposit. 3) Applicants must be members of authority in the organization seeking accommodation. 4) The facility is to be used only on the date(s) and time(s) specified, and only for the purpose named. No teen dances/parties, stags or stagettes are permitted in our halls. This permit is not transferrable. 5) The City will not be responsible for personal injury or damage or for the loss or theft of clothing or equipment of the applicants, or anyone attending on the invitation of the applicant or any persons contracted by the applicant. 6) The applicant shall be responsible for the conduct and supervision of all persons admitted to the building(s) and grounds and shall see that all regulations contained herein are strictly observed. 7) Unnecessary noise which disturbs the peace, quiet, or comfort of any person in any type of residence, place of business, etc., in proximity to the facility shall not be permitted. 8) The exits must be kept free from obstruction in case of fire. - 9) a) The applicant must pay all damages arising from the use of the property. b) A damage/security deposit will be charged for all rentals, to be refunded at a later date, if no damage, excessive maintenance costs are incurred as a result of the facility rental. c) The applicant must pay such fees for extra work by custodians, etc., as the City may determine. 10)Games of chance, lottery, or gambling in any forms, contrary to law is strictly forbidden. 11)It shall be the responsibility of the applicant to see that all persons admitted to the function being held, have vacated the premises promptly by 2:00 am. 12)lf liquor of any type is to be served, sold or available at the function, the applicant must obtain all necessary permits and licenses and must adhere to the City of Pickering `Alcohol Management Policy'. A copy of the liquor license must be posted on the wall during the function. 13)The City of Pickering requires every event have a minimum of$2,000,000 third party general liability insurance coverage. This insurance must be purchased as part of the rental process. 14)For all special occasion permits, only monitors and servers that possess a server intervention program certificate will be permitted to use the designated facility. Information is available at www.smartserve.orq. 15)The licensor reserves the right to provide security personnel or Pay-Duty Police at the expense of the licensee, should the Supervisor, Facility Programs deem it necessary. Page 3 of 6 CR1101-04/28 cif,/00 • K' Facility Rental Application PICKERING 16)Hall cancellations are subject to a $35.00 administration fee. 17)All cancellations must be received in writing ninety days prior to the function, or the entire rental • fee will be forfeited. 18)All rental rates are subject to increase. Post-dated cheques will not be accepted. 19)This contract is not valid unless it is signed and dated by the person renting the facility and returned as soon as possible to the Facility Booking Clerk. 20)Recreation Complex Staff will set-up the tables and chairs `provided' a diagram of the layout is submitted by the Monday preceding the function. You may obtain the diagrams at the Complex Information Desk. Any materials/articles dropped off prior to the function, or left after the function, must have prior approval from the Maintenance Department or designate. 21)If Complex Banquet Halls are rented, please use the outside entrance to Banquet Halls, do not use main Complex doors. • Personal information contained on this form is collected pursuant to the Municipal Freedom of Information and Protection of Privacy Act and will be used for the purpose of administering facility rentals. •Questions about this collection should be directed to the City Clerk, One The Esplanade, Pickering, ON L1 V 6K7, 905.420.4611. HST applies to this Rental— Registration No. 108078593 { Page 4 of 6 CR1101-04/28