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Home My WebLink AboutCS 02-17�� .� �� From: Marisa Carpino Director, Community Services • ' ! • � •' Report Number: CS 02-17 Date: January 9, 2017 Subject: Community Association Lease Agreement - 856 Pickering Kinsmen Royal Canadian Air Cadet Squadron - File: A-1440 Recommendation: That the Mayor and City Clerk be authorized to execute the Lease Agreement with 856 Pickering Kinsmen Royal Canadian Air Cadet Squadron set out in Attachment 1 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; 2. That the appropriate City officials be authorized to fake 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 856 Pickering Kinsmen Royal Canadian Air Cadet Squadron (the "Squadron") for their exclusive use of one office, one meeting room and two storage rooms located at the East Shore Community Centre. - The Community Services Department recommends that the Lease Agreement included as Attachment 1 be initiated for a five year term beginning February 1, 2017 and ending January 31, 2022. Financial Implications: The City of Pickering is responsible to fund the general operating costs (such as utilities, snow/garbage removal, maintenance and cleaning) of the East Shore Community Centre which are reflected annually within the Community Services Department Current Budget (cost centre 2572). The Current Budget does not reflect capital expenditures that vary year-to-year depending on facility need. The Squadron is responsible to fund the day-to-day costs to operate their activities, which includes program/office supplies, administrative and insurance costs. The Squadron is also responsible to supply, maintain, repair and/or replace furniture, appliances and equipment at its expense, in order to operate their activities. CS 02-17 Subject: Community Association Lease Agreement January 9, 2017 Page 2 Discussion: For the past several years, the Squadron have operated their committee from dedicated office, meeting room and storage rooms located on the 2"d floor of the East Shore Community Centre, under a verbal agreement with the City of Pickering. The Royal Ganadian Air Cadets is an inclusive community oriented program for Canadian youth between the ages of 12 and 18 years. The Cadet program offers the opportunity for youth to develop into upstanding community orientated citizens through challenges, unique experiences, and humanitarian endeavours. The program includes aviation studies, citizenship, leadership, effective speaking, outdoor survival, drill, sports, and drum and bugle band. The program also offers the opportunity to learn to fly, expand horizons, contribute to the local community, and develop lifelong friendships. 856 Pickering Kinsmen Royal Canadian Air Cadet Squadron currently has 150 cadets and the only cost to join is a$60 annual administration fee that is paid to the Ontario Proyincial Committee to cover insurance and training. The Squadron has the exclusive use of the second floor meeting room, office and two storage rooms, at no cost to coordinate their administrative duties. The Squadron host their programs and exercise drills through their use of the East Shore Community Centre Gymnasium, Community Room, Meeting Rooms 2 and 4 on Wednesdays from 6:00 pm to 10:00 pm. and the Community Room on Fridays from 7:00 pm to 9:30 pm from September to June annually, at no cost to the Club. During this time, the Squadron have operated their activities in a diligent and conscientious manner that has satisfied the City. . As per Council 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 Squadron shall use the premises for non-profit, charity events or non- commercial receptions of the Squadron, at their cost. The Squadron will also maintain insurance in the amount of five million dollars. The City is responsible for all day-to-day operating expenses of the East Shore Community Centre including utilities, snow and garbage removal and regular maintenance. The Community Services Department recommends that the Lease Agreement included as Attachment 1 be initiated for a five year term, beginning February 1, 2017 and ending January 31 30, 2022. Attachments: Draft Lease Agreement with 856 Pickering Kinsmen Royal Canadian Air Cadet Squadron. CORP0227-07/01 revised 0 CS 02-17 Subject: Community Association Lease Agreement mc Recommended for the consideration of Pickering City Council Tony Prevedel, P.Eng. Chief Administrative Officer CORP0227-07/01 revised January 9, 2017 . -._ -. �.. . -. .. -. : � , .--.�'-r°°°'.�-- � _.�-�'"� ,`'�, �� . �` Marisa Carpino Director, Community Services i� . zo�� Page 3 3 u"'l,�` � }`i�..,~ E i''d 6:. { `� � 'i'o`_,,.... � 1 �� I�AC a`"` � B�Vt i-� '�--.....-� �j � '-" t � Lease Agreement This Lease is made as of the 1St day of February, 2017. Between: The Corporation of the City of Pickering � (the "City") �� `, ;� f;r� r ' - and - � ��,�*�. �� /�rr>,>;t'� :.� �v�.:;?;%:tr ,'; �r r'� 856 Pickering Kinsmen Royal Canad;ian,,A�ir Cadet ��{ (the "Squadron"')� Definitions 1. In this Lease, (a) "Comi � (b) "Le�s� �Y (c) � f ",P,rem Interp �� ncemenf �Date" mean's:%February �1�; 2017; ��.r f,:� �^ .� means this��l`ease as i� may be amended from time to time; � r, �-� �� z � �� ry � l::. {� /1 � '� ,,,.,.�:^,z'r{ ''>. �?�a a ✓ , �s� rrieans that�por��bnro�'the East Shore Community Centre d o�`�f�ie second floo iiieeting room, office and two storage r�r �' �,sho�vn�on Schedule "A" attached hereto, located at 910 Road South, in the City of Pickering, Regional Municipality of < ,-;� �� ,;,, Durham; ` � ��,, �. ��-�� ' ; r ,T, ";, >; �f �� (d)'� �'Rent" mea��.the rent payable pursuant to Section 22; and � �� ; � f��ry. (e) "T�eem",rn�ans the term of this Lease as set out in Section 19. � _ � �.n ^, �,, y 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. 4 2 � 3. Schedule "B" (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 not expressed as such. If any such provision is held i unenforceable or illegal, then it shall be considered,�s� this Lease and the remaining provisions of this Lease � 5. Wherever a word importing the singu word shall include the plural. Words� corporations shall include the other g where the conte� so requires. Governing Law 6. This Lease shall be governed with, the laws in force in,the P � �, ;` � � ,f'r: , , r Entire Agreement� �i:%'' � �;, f'f`r � � x �^' 7. This Lease con:stitutes #hejen� .... � , �,, ,�.;,. Premises and may arily be an writ%ng sign�ed by botliy�;parties. Ci� E:� � � ovenants even where -or rendered invalid, �te and severable from I remain in force. ber only is used in�this.;Lease, such ig eith�rFgender or firms=;or � ;; ;., nd ind�iv�uals, firms or corporation .,r �a �, r �� '=: J =�� ';, �, ;;� ;; , , �eted antl :enforced in accordance t between the parties concerning the �plemented by an agreement in >. Article ll Grant and Use In considerafio�i'of the perFormance by the Squadron of its obligations under this ,�,�. Lease, the City leases the Premises to the Squadron for its use during the Term. . . . . � � . 9. The Premises shall be used only for administrative and program functions of the Squadron at its expense and for no other purpose without the prior written consent of the City. 5 10. 3 The Squadron's use of the Premises shall be in accordance with the City's Conditions of Agreement (Schedule "B"). Nuisance 11. The Squadron 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. The City acknowledges that the drilling, exercise and program activities normally carried on by the Squadron on the Premises do not cons#itute a nuisance. City Use of Premises 12. Subject to section 11, the City shall have right dfi��irst ref��al to use the Premises. The Squadron shall not be entitlec! to any rental�fees or other remuneration associated with the use of the;��remises by the City. 13. Provided it is not required by the City for��any other se, the City sh`��11 provide the Squadron with the use of the East Shore��Comm Community Room, Meeting Rooms 2 and 4 on'� 10:00 pm and the Communit�i Room on Frid�ys; Squadron activities from Sepfember to June anr Requests by the Squadron for,'addition�l facility facility availability and applicableF;permzit user;fee Assignment and Sub,{etting �� F,: 1 rPy r.- 14. The Squadron�shall not Premises wi�hout the px .�.,, f�� ;�� s u� �'�-x �- ; � �� Licences � t ,�. ' '�F��= �� F + '� +�✓r f �f C '+r � / ��fl._�' '�' /�. .F{ { _:. : i�r,`:: 15 ��; The Squadron ma;y not� 16. The�Squadron sh� Ocfober. 31 St of ea f �,�'� � 17. The Squ�adro,n sh� the previous#yea,r% �. i "ity�`'Centre Gymnasi�m, !e`�dnesdays from 6:00 pm to rom 7:00 pm to 9:30 pm for aally at no cost to the Club. ,,;r �race and/or time is subject to n this Lease or sublet all or any portion of the �tten cons�en# of the City. licences to use the Premises. bmit their annual financial statement to the City by :ar. bmit an annual permit request to the� City by June 30t" of 18. The Squadron shall submit a list of their Board of Directors and total number of annual members/participants to the City by December 1St each year. 0 Terrrt 19. 20. 0 � The term of this Lease shall be five (5) years from the Commencement Date to January 31, 2022. The City may fierminate this Lease at any time for any re3ason provided it has i ;;. given the Squadron six (6) months prior notice. .,F,`,r F�} • .. . 21. If the Squadron remains in possession of Term, there shall be no tacit renewal of tr statutory provisions or legal presumptio� be deemed to be occupying the Premise� terms, covenants and conditions as are�s applicable to a monthly tenancy. ;">y:. Ren .- f Y °>,,. Rent ` � X l �� y{� {y{' / � �y 22. The Squadron,shall pay to fhe City as,i money of Canatla the sum .a� One (1) [ �, � y � � , �� .;�''� , i, Gross L.�a`se �. . ,'. ;rr �.�� he�;P..,;remises afterFtl�e expiry of the s 2ease or the Terrrr;'notwithstanding �''the contrary, and tfi�e%Sq:uadron shall � from month to month upon;the same t;forth�in;#his Lease insofar�as they are for the entire the Term in lawful �r ($1.00). 23 r� The City ackno�iiuledges fl�at�this is a gross lease and agrees to pay all charges, im.positions and outlays ofi e�ery nature and kind relating to the Premises except as expressly set out an this Lease. �' Article V aintenance, Repairs and Alterations � . 24. The Squadron shall maintain and operate the Premises so that they shall always be of good appearance and suitable for the proper operation of the Premises. 25. The Squadron shall be responsible to supply, maintain, repair and/or replace furniture, appliances and eq.uipment at its expense in order to operate Squadron activities. � 26 27 : 5 The City shali provide snow removal services for the parking lot, sidewalks, walkways and all other areas of pedestrian passage on the Premises. (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 Squadron shall be responsible for any damages or costs incurred due . to the misuse or negligence of the Squadron, its'"em`ployees, invitees, servants, agents, or others under its control and'fF�e Squadron shall pay to the �City on demand the expense of any repaars;,ir��luding the City's � reasonable administration charge neces�iiated by�'su;ch negligence or misuse. The Squadron shall immediately Premises. Security 29. The City shall be responsib not permitted to use the prE function. Alterations/lmp 30. The Squa the Premi Squadrofrr's Insurance ..� f., �t', 31. The Squadron, a �,� � J�; (a) insurance: and =�`� ��ity of any unsafe con��ations on the x� �; r " �. ., .\ r.;;. ;y � rs � � !� � � � f'� '%�� ;i �� ,r � rity of`tYi;e,�Premises. The Squadron is City person,nel on site to perform this �-__ all only b�;�permitted�tor make alterations and improvements to : have been approved`�y the City. t/ �' �. �'�1'" r;; �.� � . �'f ' yn�� ;i'� ' � tf � i ��'�-.. � . . T� n �� '` QI"tIC�@ �/� �`, � �:r ��In�,urance and Indemnity , �� :::�� , �r �.,. r:� �-"�%� .� �;'> .�t= � :s� i�s ;sole cost and expense, shall take out and maintain, pon property owned by it which is located on the Premises; (b) commercial general liability insurance pertaining to the Squadron'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 five million dollars ($5,000,000.00) for claims arising out of 0 0 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. 32. Prior to the Commencement Date, the Squadron shall file with the City a Certificate of Insurance in a form satisfactory to the City Treasurer, �erifying that the commercial general liability insurance policy is in effeet and setting out the , r�,>^r essential terms and conditions of the insurance. ,.�rF,_.: 33. The provision of the insurance policy required by thAis section shall not relieve the Squadron from liability for claims not covered b�r tfi`e policy q,r which exceed its limits, if any, for which the Squadron may be ;F��Id respons�bl��a�, � Insurance Risks 34. The Squadron shall not do, omit to do;�or perm done upon the Premises anything that may, cor .s.�✓ � the City's insurance policies,tri f,orce from time;; part ofi the Premises or whic�i vvoixld� prevent th� with companies acceptable to �he �ity "rlf�the c Premises or any acts or omissions of the`Sq�a �� '� results in any incr,ease in premiuriis,for.an�of� Squadron shall3pay s°uch,�increase to,thie��City. , -�-�� ? � { ` ,, �',: � �x Indemnification .,,�,. r;:�� ,� o�b'e°done or omitted"to be ��ene or be prohibited �by any of time covering or relevant to any ;ity from procuring its policies duct of business in the ron on:the Premises causes or e,�ity's insurance policies, the 35. Each of the City and,,the'Squadro;n shall;indemnify and save harmless the other frorn and�ragainst any and all actions,�losses, damages, claims, costs and �exp�enses (incfu,ding solrc�itors' fees on a solicitor and client basis) to which the ,,r,, .. ;, ��party being in��rnnified sfiall or may become liable by reason of any breach, � �iolation or non-performance;:,by the party so indemnifying of any covenant, term or�p;rovision of this Lease or �y reason of any damage, injury or death occasioned to or suff;ered by any person or persons including the City or the � Squadr�n, as the case may be, or any property by reason of any wrongful act, �neglect d�� defaul� on`�the part of the party so indemnifying or any of those persons for whorn��it is in law responsible. For greater certainty, the limitation of liability set ou't�bove 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. �7 r� 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 Squadron has received notice thereof, then it shall be lawful for the City at any time thereafter to re-enter the Premises:.h City's Right to Remedy Default 37. In addition to all other remedies the City may h��unde��th�s Lease and in law, if the Squadron is in default of any of its oblig�tio;ns under this L;ease, and such default has continued for a period of ten (10�,=�ays after receip� of�,notice by the Squadron (or such longer period as mayzbe reasonably required in the circumstances to cure such defiault, e�ce,pt in an erz�ergency where�;the, City will not be required to give notice), the City, without p�e��dice to any other' rights which it may have with respect to such default,�`{rrray remedy such default and the Squadron shall be responsib(e�for all such cos�s � Waiver �t : No condoning, non-observanc covenant, ob�ic the City's r�`g�ifi breach or non� the City in resK � ir., na:waive'r:shal Quiet Enjoyme �xcu`sing,or overlaol�ing by�the� GtfyFof, any default, breach or by°`�lie Squadron a�t'a;n,�i'time or tim'es in respect of any �tion or agt�emen� und�r this Lease shall operate as a waiver of hereunder�i� respect ofiyany continuing or subsequent default, b,servance',�or,�so,as toAdefeat or affect in any way the rights of l � X /r ct' of�any su�h> eontinuing or subsequent default or breach, and �� z:�� tra �e rnfie'rred from or irriplied by anything done or.omitted by the �nly ``�� xpress waiver in writing. Article VIII Miscellaneous 39. The City shall 'permit the Squadron to peaceably possess and enjoy the Premises during the Term and as per the conditions and times set out in their city issued facility permit without any interference from the City, or any person lawfully claiming by, from or under the City provided the Squadron is not in default. i[�] r-n ., . . 40. The Squadron agrees to 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 Squadron's use of the Premises during a�,y such entry. , Signs� � � : ,; 41. The Squadron may only erect signs on the Prernises witl%�#he City's prior approval. All such signs shall be removed f�m, the Premises.at the end of the ��, :�;�� Term. � �� . „_ Compliance with Laws 42. The Squadron, at its sole cost and expense,�shall,comply with all legal requirements (including statu�tes, laws, by-laws, regulations, ordinances, orders, rules and regulations of every go.�ernmental author�ty having jurisdiction) that relate to the use of the Premises..by t1ie Squadron or,the making of any improvements to the Premises by=;the Squad;ron, r'� �I�m� 43. Any noticc� required to b shall be in writing,and s� which�,the Squadron,sha: ed 44 � Any notice requir�d � shall be in writing'� Plckering, Pickenng (Attentro,n: City Cler Squadr'on;in writin�, sufificienf�rnotice�un � �� ; ; r.�.-� ,„Y'� Successors and Assigns and s n by the ;�ity to the�Squadron under this Lease de�livered�.to the Premises or such other address of ed��he C�t�ji��in writing, and any such notice delivered fficient�n'otice under the terms of this Lease. to be g:iven by the Squadron to the City under this Lease nd shal��b�� delivered to The Corporation of the- City of Civic Complex, One The Esplanade, Pickering, Ontario k�ror such other address ofi which the City has notified the and any such notice d'elivered shall be deemed good and cl�er the terms of this Lease. 45. This Lease shall enure to the benefit of and be binding upon the parties and their respective successors (including any successor by reason of amalgamation or statutory arrangement) and permitted assigns. � 46. Schedules "A" and "B" attached hereto form part of this Agreement. � F`] In Witness Whereof the parties have executed this Lease. The Corporatior� of the City of Pickering David Ryan, Shields,�Citv Clerk Royal Canadian Sue Passmore, Treasurer have the authority to bind the Squadron � NOTE: LOCATIONS OF WALLS ANp FIXTURES MAY VARY STORAGE SHED � W MAIN PARKING LOT & LAWN BbWLING GREENS ;, � � ;>. ,,,.� _��iy�$.. i'r.,i�T�l'"'v .l:i.=�`��. ,A T;�'"a.T-^+a�'i+`��1t��Y��`IC�S.'3r1 Schedufe B �aci�� ental Applicat��r� Gonditions of Agreement 1} The Gity reserves the righi to cancel any .permit tempararily or permanentfy, shouid accommodation be required for special events, ar in an emergency. 2) 50°10 of payment is due at time of booking. This is a non-refundable deposit. 3) Applicants must be members ofi authority in the organization seeking accommodation. 4) The facility is to be �sed only an the date(s} and time(s} specified, and anly far the purpose named. No teen dances�parties, stags or stagettes are permitted in our �alls-. Th�s permit is no� iransferrable. 5) The City will not be responsible for personal injury or damage ar for ihe foss or theft af clothing or - equiprnent of the applicants, or anyone atte�ding on the invitation of the applicartt or any persons contractsd by the appiicar�t. ' 6) The app�icant shali be responsible for the conduct and svpervision af ail persans admi�ed io the building{s} and grounds and s4�all see that all regula�ions contained herein are strictly observed. 7) Unnecessary noise which disturbs the peace, quiet, or camfart af any person in any �type af residence, pface af business, etc., in proximity fio the facility shall not be permiited. 8) T(�e exits must be kept free from obstruction in case of fire. 9} a) Tf�e applicani must pay ali damages arising from the use of the property. b} ��. A damageCsecurity deposit will be charged far a11 rentals, to be refuttcled at a later date, if no damage, excessive maintenance costs are incurred as a resu{t of the faciliiy renial. The applicant mus� pay such fees for extra worfc by custodians, etc., as the C.ity may determine. 1 tl}Games of •chance, lattery, or gambling in any i'orms, confirary ta law is strictfy forbidden. 11 }lt shall be the responsibility ofi the applicant #o see that afl persons admitted to the function being • held, have vacated the premises promptly by 2:{l0 am. 12)if Iiquor of any type is to be served, soid ar availabie at the functian, the applicant must vbtain all necessary p��rmits and licenses and must acihere iv the Ci�y of Pickering `Alcohol Nfanagemenfi Palicy'. A copy af �he liquor license must be pasfied on the wall during ti�e function. 'i 3)The City af Pickering requires every event have a minimum of $2,0OO,OdO third party general Iiability insurance coverage. This insurance musf be purchased as part of the rental process. 14�For ail special occasion permits, oniy monitors and servers �hat pQSSess a server intervention program certificate will be permitted io use the designated faciiity. Information is available at www.smartserve.orq. � � 15)The iicensor reserves ihe right to provide securi#y personnel or Pay-Duty Police at the expense of �he licensee, should the Supervisor, Facility Programs deem i� necessary. cR� a o�-oa�r2s 14 Page 3 of 6 �r J ■�1 � �.w ��iu,ulli� y �"'�_�T°nt�vN�.�� " • a , a 16)Hall cancellations are subject to a$35.0C} administraiion fee, 17)All cancellations rnust be received in writing r�inety days prior fo the function, ar the entire rental fee will be forfeited. � � 18)Aii rental rates are subject.fio increase. Post-dated cheques will not be accepted. 19}TF�is contract is nat valid unless it is signed and dated by the person renting the faciliiy and � returnec( as soon as possible to ihe Faciiity Booking Glerk. , 20) Recreatian Complex Staff will set-up the tables and chairs `provided' a diagram of the layaut is . submitted by the Manday preceding the function. You may obtain ihe diagrams at the Complex Information Desk. Any materials/articies drapped off prior fa the function, ar left after fihe function, must have prior approval from the Maintenance Department ar designate. 2�)If Complex Banquet Halls are renteci, pEease use the outside antrance to 8anquet F�al(s, do not use main Complex daors. Persona[ informat�on contained on this form is callected pursuant to the Murricipal Freedom af lnfarmation and Protection of Privacy Act and will be used for the purpose of adminis#ering facility rentals. Questians about th�s collection shoufd be directed to the City Clerk, C1ne Ti�e Esplanade, Pickerirtg, ON �.1 V 6K7, 905:420.461 �. HST applies to this ftental — Registrafiion No_ 1Q8078593 Page 4 of 6 CR1'101-04/28 15