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HomeMy WebLinkAboutCS 05-17DICKERING Report to Council Report Number: CS 05-17 Date: April 11, 2017 From: Marisa Carpino Director, Community Services Subject: Beach Volleyball Court Licence Agreement - Solstice Sport Inc. - File: A-1440-001 Recommendation: 1. That the Mayor and City Clerk be authorized to execute the Licence Agreement set out in Attachment 1 of this Report to which Solstice Sport Inc. will be permitted to operate beach volleyball programs in Diana, Princess of Wales Park for a 5 year term beginning May 1, 2017 and ending September 30, 2021, subject to minor revisions acceptable to the Director, Community Services 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: Solstice Sport Inc. operates Beach Volleyball programs on five outdoor volleyball courts located in Diana, Princess of Wales Park. The existing licence agreement between Solstice Sport Inc. and the City of Pickering is for a 5 year term beginning May 1, 2013 and ending April 30, 2018 (5 months per term for a total of 25 months). At this time, Solstice Sport Inc. is seeking to execute a revised licence agreement for another 5 year term beginning May 1, 2017 and ending September 30, 2021 (5 months per term for a total of 25 months). This request is being made 1 year in advance of their current termination date because Solstice Sports Inc. wishes to make upgrades to the beach volleyball courts this year but would first like to enter into another 5 year commitment with the City before making this investment. Under the terms of the revised licence agreement, Solstice Sport Inc. is responsible to develop youth and adult beach volleyball programs and to operate them from 8 am to 10 pm, Monday to Sunday from May 1st to September 30th each year. Solstice Sport Inc. is also responsible to ensure the courts are kept in a clean and tidy condition and to perform any necessary repairs that result from the use of the beach volleyball courts. The Community Services Department recommends that the licence agreement set out in attachment 1 be initiated with Solstice Sport Inc. to operate beach volleyball programs for the period May 1, 2017 to September 30, 2021. CS 05-17 April 11, 2017 Subject: Beach Volleyball Court Licence Agreement Page 3 Attachments: 1. Draft Licence Agreement for Solstice Sport Inc. (May 1, 2017 to September 30, 2021) 2. Location Map Prepared/Approved/Endorsed By: Marisa Carping Director, Community Services :mc Recommended for the consideration of Pickering City Council Tony Prevedel, P.Eng. Chief Administrative Officer QAC 1,2a�7 CORP0227-07/01 revised ATIACHNENT # TO REPORT # i 4 THIS LICENCE AGREEMENT made pursuant, to the provisions of Section 110 of the Municipal Act, 2001, chapter 25 as of the 1st day of May 2017 BETWEEN: SOLSTICE SPORT INC. (hereinafter called the "Club") OF THE FIRST PART and THE CORPORATION OF THE CITY OF PICKERING (hereinafter called the "City") OF THE SECOND PART WHEREAS the City is the Owner of Diana, Princess of Wales Park, located at 1550 Diefenbaker Court, Pickering, AND WHEREAS the Club is incorporated pursuant to the laws of the Province of Ontario, NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows: 1. The parties hereto acknowledge and confirm that the recitals contained herein are true in substance and in fact. 2. In this Agreement, the term, (a) "Department" means the City's Community Services Department; and (b) "Park" means that portion of Diana Princess of Wales Park as set out by hatched lines on the sketch attached hereto and marked as Schedule A to this agreement. 3. The City grants to the Club the exclusive use of the Park for beach volleyball during the months of May 1St to September 30th both inclusive for the period beginning May 1, 2017 and ending September 30, 2021. 4. The Club, its servants, contractors, subcontractors, agents and employees, shall comply strictly with all applicable statutes, laws, by-laws, orders, rules, regulations and policies now or hereinafter in force governing the operation of the (1) supply electrical power to the beach volleyball courts if required, at its own expense, provided that in doing so it shall not interfere with any use of any part of Diana, Princess of Wales Park (other than the Park); (j) obtain the approval of the City's Director, Community Services before altering, adding to or varying in any way all or any part of the Park; (k) not advertise or place signage of any kind on the outside of the beach volleyball courts, or on the fencing surrounding the courts, without the prior approval of the City; (1) refrain from interfering with the enjoyment of Diana, Princess of Wales Park by any member of the public; (m) indemnify the City from and against any and all costs arising directly or indirectly from or associated with the Club's operation including the use of the Park by the Club; (n) permit the City, its servants, agents and employees, to have access to the Park at any time during the Term, whether or not the Club is operating, for the purpose of conducting inspections of the courts; (o) leave the Park in a neat, tidy and clean condition at the end of the Term, and immediately repair or replace any damage to the Park resulting from the placement or use of the beach volleyball courts; (p) be responsible for the development of and be the official organizer for adult and youth beach volleyball programs — the Club will have exclusive rights to these programs; (q) be responsible, at its own expense, for all marketing of the said programs; (r) monitor and control revenues for adult and youth registrations; (s) operate the said programs from June 1 -mid September in each year of the Term; and (t) provide the City with a list of all the said programs. The. Operator shall pay license fees to the City the sum of the following: (a) $3,250 (plus HST) in equal monthly installments of $650 (plus HST) on the first day of the month for the first term (from May 2017 to September 2017); (b) $3,500 (plus HST) in equal monthly installments of $700 (plus HST) on the first day of the month for the second term (May 2018 to September 2018); 3 (c) Each party may redesignate the person or the address, or both, to whom or to which such notice may be given by giving written notice to the other; (d) Any notice given in accordance with this section shall be deemed to have been given on the second day following the day of delivery or the day of mailing, as the case may be. 11. The Club shall not assign or sub -licence all or any portion of this Licence Agreement without the City's written consent, which consent may be arbitrarily withheld. Notwithstanding any permitted assignment or sub -licence, the Club shall remain liable for compliance with all the requirements of this Licence Agreement, including the payment of fees (paragraph 6) and the indemnification of the City (paragraph 9). 12. This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, administrators, executors, successors and assigns. IN WITNESS WHEREOF the parties have each executed this Agreement and have affixed their respective corporate seals as of the date first written above. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE CITY OF PICKERING Debbie Shields, City Clerk David Ryan, Mayor 5 ATTACHMENT # a TO REPORT# CS 05- I- \ &\4\ \\\\ _," \444V #* PICKERING RECREATION COMPLEX ---- 0. 0. ' • 0 % z RECREAT O till\ Oil \ \ • STRE BASKET:ALL • 4RT CCU •T • \ I • HOC\\* J R. Sc S AREA R. Y r i '1 i • COMPLEION ° SKATEBOARD PARK PARKING L o ' �-'1 ' '\\ BEAC '. �LLEYB°LL OURTS RECREATION COMPLEX PARKING A OaJP� DIANA, PRINCESS WALES PARK SUBJECT c SITE '- ‘. O 0 IA 1,1,1‘\ o OF CD • SOCCER PITCH (JR.) SOCCER PITCH (JR.) . / SOCCER PITCH (JR.) \c, %.\ ENGINEERING SERVICES Attachment for Community Services Department Report CS 05-17 Beach Volleyball Court Licence Agreement - Solstice Sport Inc. 4 ""'s PICKERING SCALE: N.T.S DATE: March 30 /2017