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HomeMy WebLinkAboutCS 02-18Cly C DICKERING Report to Executive Committee Report Number: CS 02-18 Date: May 7, 2018 From: Marisa Carpino Director, Community Services Subject: Lease Agreements - Sport Associations - File: A-1440 Recommendation: 1. That the Mayor and City Clerk be authorized to execute the Lease Agreement with Pickering Hockey Association 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 Mayor and City Clerk be authorized to execute the Lease Agreement with Durham West Girls' Hockey Association set out in Attachment 2 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; 3. That the Mayor and City Clerk be authorized to execute the Lease Agreement with Pickering Ringette Association set out in Attachment 3 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; That the Mayor and City Clerk be authorized to execute the Lease Agreement with Skate Canada Pickering Skating Club set out in Attachment 4 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; 5. That the Mayor and City Clerk be authorized to execute the Lease Agreement with Pickering Swim Club set out in Attachment 5 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; 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. Consistent with this resolution, staff have prepared draft Lease Agreements for individual sports association groups who exclusively occupy designated CS 02-18 Subject: Lease Agreements May 7, 2018 Page 2 spaces in City of Pickering facilities to support their activities and delivery of community sports programs. The Community Services Department recommends that the Lease Agreements be initiated for a five year term beginning June 1, 2018 and ending May 31, 2023. Financial Implications: The City of Pickering is responsible to fund the general operating costs (such as utilities, garbage removal, maintenance and cleaning) of the Pickering Recreation Complex, Pickering Recreation Complex Arena and Don Beer Arena which are reflected annually in the Community Services Department within the Current Budget (cost centres 2731, 2735 and 2715 respectively). That said, the City's direct cost to support the designated spaces set out in the attached Lease Agreements are nominal. The respective not for profit sports associations are responsible to fund the day-to-day costs associated with the use of these designated spaces which includes office furniture, supplies, storage/racking systems and insurance. Discussion: For the past several years, the City of Pickering has made designated facility spaces available to sports associations who deliver community sports programs at the City's Recreation Complex, and its two ice arena facilities, under a verbal agreement with the City of Pickering. These spaces are integral to the operation of these sports associations as it provides much needed office and/or storage space required to run their activities. During this time, the respective sports associations have used these premises in a compliant manner that has satisfied the City. Consistent with Council Resolution #224/14, City staff have prepared written Lease Agreements to document these longstanding verbal agreements. As per the terms and conditions of the written agreements, the respective sports associations shall use the premises for storage and/or office space which is directly related to their program activities. Moreover, the premises cannot be materially altered without the written consent of the City. The sports associations will also maintain insurance in the amount of two million dollars. The City is responsible for all day-to-day operating expenses of the Pickering Recreation Complex and Arena, and Don Beer Arena, including utilities, garbage removal and regular maintenance. The City's direct cost to support the designated spaces set out in the attached Lease Agreements are nominal. These not for profit sports organizations are supported by dedicated staff and volunteers who contribute countless hours and whose programs reach thousands of sports enthusiasts every year for the benefit of this community. The City's efforts to provide dedicated storage and/or office space is just one way to support their activities, those of which are not provided directly by the City of Pickering. CS02-18 May 7,2018 Subject: Lease Agreements Page 3 The Community Services Department recommends that the Lease Agreements included as Attachments 1 to 5 each be initiated for a five year term beginning June 1, 2018 and ending May 31, 2023. Attachments: 1. Lease Agreement with Pickering Hockey Association 2. Lease Agreement with Durham West Girls' Hockey Association 3. Lease Agreement with Pickering Ringette Association 4. Lease Agreement with Skate Canada Pickering Skating Club 5. Lease Agreement with Pickering Swim Club Prepared By: Approved/Endorsed By: Brian Duffield Marisa Cr`pino Division Head, Operations Director, Community Services MC:bd Recommended for the consideration of Pickering Cit Council Tony Prevedel, P,Eng. Chief Administrative Officer 40,6i (% 1o[B ATTACHMENT# T REPORT# 5 0r -Ie> LEASE AGREEMENT THIS LEASE AGREEMENT is made as of the BETWEEN: THE CORPORATION OF THE CITY OF PICKERING (the "City") - and - PICKERING HOCKEY ASSOCIATION (the "Sports Association") Article I Interpretation LESSOR LESSEE Definitions 1 In this Agreement, the term: (a) "Commencement Date" means (b) "Lease" means this lease as it may be amended from time to time; (c) "Premises" means the portions of the Pickering Don Beer Arena, considered to be the Pickering Hockey Association's office, boardroom, mailroom and storage room as shown on Schedule "A" attached hereto, located at 940 Dillingham Road, in the City of Pickering, Regional Municipality of Durham; (d) "Rent" means the rent payable pursuant to Section 19; and (e) "Term" means the term of this Lease as set out in Section 16. 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 Severability 3. 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 considered separate and severable from this Lease and the remaining provisions of this Lease shall remain in force. Number 4. Wherever a word importing the singular number only is used in this Lease, such word shall include the plural. Words importing either gender or firms or corporations shall include the other gender and individuals, firms or corporation where the context so requires. Governing Law 5. This Lease shall be governed by, and interpreted and enforced in accordance with, the laws in force in the Province of Ontario. Entire Agreement 6. This Lease constitutes the entire agreement 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 7. In consideration of the performance by the Sports Association of its obligations under this Lease, the City leases the Premises to the Sports Association for its use during the Term. Sports Association's Use of Premises 8. The Premises shall be used only for storage and administrative functions of the Sports Association, and for no other purpose without the prior written consent of the City. For the purpose of clarification, the Sports Association shall not use the Premises for any business or profit -generating purposes. Nuisance 9. The Sports Association 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. 3 City Use of Premises 10. Subject to Section 8, the City shall have first right of refusal to use the Premises. The Sports Association shall not be entitled to any rental fees or other remuneration associated with the use of the Premises by the City. 11. Provided it is not required by the City for any other use, the City shall provide the Sports Association with the use of the premises during the regular facility operating times. Assignment and Subletting 12. The Sports Association shall not assign this Lease or sublet all or any portion of the Premises without the prior written consent of the City. Licences 13. The Sports Association may not grant licences to use the Premises. 14. The Sports Association shall submit their annual financial statement to the City by February 1st of each year. 15. The Sports Association shall submit a list of its Board of Directors to the City by February 1st of each year. Article III Term Term 16. The term of this Lease shall be five (5) years from the Commencement Date to May 31, 2023. 17. The City may terminate this Lease at any time for any reason provided it has given the Sports Association six (6) months prior notice. Overholding 18. If the Sports Association 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 Sports Association 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. 4 Article IV Rent Rent 19. The Sports Association shall pay to the City as rent for the entire the Term in lawful money of Canada the sum of One (1) Dollar ($1.00). Gross Lease 20. The City acknowledges that this is a gross 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. Article V Maintenance, Repairs and Alterations Maintenance of Premises 21. The Sports Association shall maintain and operate the Premises so that they shall always be of good appearance and suitable for the proper operation of the Premises. 22. The City shall provide general maintenance services to the Premises at its expense. 23. The City shall be responsible for all day-to-day operating expenses including garbage removal. The Sports Association shall not be responsible for utilities. 24. (1) Subject to subsection (2), the City shall be responsible for atl inspections and preventative maintenance with respect to the heating equipment, transformer, parking lot and lights. (2) The Sports Association shall be responsible for any damages or costs incurred due to the misuse or negligence of the Sports Association, its employees, volunteers, invitees, servants, agents, or others under its control and the Sports Association 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. 25. The Sports Association shall immediately notify the City of any unsafe conditions on the Premises. 5 Security 26. The City shall be responsible for the security of the Premises. The Sports Association is not permitted to use the premises without City personnel on site to perform this function. The Sports Association 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 27. The Sports Association shall only be permitted to make alterations and improvements to the Premises that have been approved by the City. Article VI Insurance and Indemnity Sports Association's Insurance 28. The Sports Association, at its sole cost and expense, shall take out and maintain, (a) insurance upon property owned by it which is located on the Premises; and (b) commercial general liability insurance pertaining to the Sports Association's liability to others in respect of injury, death or damage to property occurring upon, in or about the Premises, and includes coverage for tenants legal liability. 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. 29. Prior to the Commencement Date, the Sports Association 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. 30. The provision of the insurance policy required by this section shall not relieve the Sports Association from liability for claims not covered by the policy or which exceed its limits, if any, for which the Sports Association may be held responsible. 6 Insurance Risks 31. The Sports Association 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 Sports Association on the Premises causes or results in any increase in premiums for any of the City's insurance policies, the Sports Association shall pay such increase to the City. Indemnification 32. Each of the City and the Sports Association 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 Sports Association, 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. Article VII Remedies on Default City's Right to Re -Enter 35. If any amount payable to the City under this Lease shall remain unpaid for fifteen (15) days after the Sports Association has received notice thereof, then it shall be lawful for the City at any time thereafter to re-enter the Premises. City's Right to Remedy Default 36. In addition to all other remedies the City may have under this Lease and in law, if the Sports Association 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 Sports Association (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 and the Sports Association shall be responsible for all such costs. 7 Waiver 37. No condoning, excusing or overlooking by the City of any default, breach or non -observance by the Sports Association at any time or times in respect of any covenant, obligation or agreement under this Lease shall operate as a waiver of the City's rights hereunder in respect of any continuing or subsequent default, breach or non -observance, or so as to defeat or affect in 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 done or omitted by the Sports Association save only an express waiver in writing. Article VIII Miscellaneous Quiet Enjoyment 38. The City shall permit the Sports Association to peaceably possess and enjoy the Premises during the Term and as per the facility operating hours without any interference from the City, or any person lawfully claiming by, from or under the City provided the Sports Association is not in default. Right of Entry 39. The Sports Association agrees to permit the City and authorized representatives of the City to enter the Premises for the purpose of inspecting the Premises. The City shall use its best efforts to minimize the disruption to the Sports Association's use of the Premises during any such entry. Signs 40. The Sports Association 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. Compliance with Laws 41. The Sports Association, 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 Sports Association or the making of any improvements to the Premises by the Sports Association. Notice 42. Any notice required to be given by the City to the Sports Association under this Lease shall be in writing and shall be delivered to the Premises or such other 8 address of which the Sports Association has notified the City in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. 43. Any notice required to be given by the Sports Association 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 Sports Association in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. Successors and Assigns 44. 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. IN WITNESS WHEREOF the parties have executed this Lease. THE CORPORATION OF THE CITY OF PICKERING David Ryan, Mayor Debbie Shields, City Clerk PICKERING HOCKEY ASSOCIATION I/We have authority to bind the Corporation RINK No 2 , ! RINK No 3 --11 .„, tlOat P1:16 Ott. VOr. OZ. HITIPAGE. LEASE SPACE SCHEDULE 'A' DON BEER ARENA 940 DILLINGHAM ROAD FLOOR PLANS NOT TO SCALE NORTH ATTACHMENT# a TO REPORT# CS Oa -I$ LEASE AGREEMENT THIS LEASE AGREEMENT is made as of the BETWEEN: THE CORPORATION OF THE CITY OF PICKERING (the "City") - and - DURHAM WEST GIRLS' HOCKEY ASSOCIATION (the "Sports Association") Article I Interpretation Definitions 1. In this Agreement, the term: LESSOR LESSEE (a) "Commencement Date" means (b) "Lease" means this lease as it may be amended from time to time; (c) "Premises" means that portion of the Pickering Recreations Complex' O'Brien Arena, considered to be the Durham West Girls Hockey Association's storage room as shown on Schedule "A" attached hereto, located at 1867 Valley Farm Road, in the City of Pickering, Regional Municipality of Durham; (d) "Rent" means the rent payable pursuant to Section 19; and (e) "Term" means the term of this Lease as set out in Section 16. 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 Severability 3. 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 considered separate and severable from this Lease and the remaining provisions of this Lease shall remain in force. Number 4. Wherever a word importing the singular number only is used in this Lease, such word shall include the plural. Words importing either gender or firms or corporations shall include the other gender and individuals, firms or corporation where the context so requires. Governing Law 5. This Lease shall be governed by, and interpreted and enforced in accordance with, the laws in force in the Province of Ontario. Entire Agreement 6. This Lease constitutes the entire agreement 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 7. In consideration of the performance by the Sports Association of its obligations under this Lease, the City leases the Premises to the Sports Association for its use during the Term. Sports. Association's Use of Premises 8. The Premises shall be used only for storage purposes of the Sports Association, and for no other purpose without the prior written consent of the City. For the purpose of clarification, the Sports Association shall not use the Premises for any business or profit -generating purposes. Nuisance 9. The Sports Association 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. 3 City Use of Premises 10. Subject to Section 8, the City shall have first right of refusal to use the Premises. The Sports Association shall not be entitled to any rental fees or other remuneration associated with the use of the Premises by the City. 11. Provided it is not required by the City for any other use, the City shall provide the Sports Association with the use of the premises during the regular facility operating times. Assignment and Subletting 12. The Sports Association shall not assign this Lease or sublet all or any portion of the Premises without the prior written consent of the City. Licences 13. The Sports Association may not grant licences to use the Premises. 14. The Sports Association shall submit their annual financial statement to the City by February 1st of each year. 15. The Sports Association shall submit a list of its Board of Directors to the City by February 1st of each year. Article III Term Term 16. The term of this Lease shall be five (5) years from the Commencement Date to May 31, 2023. 17. The City may terminate this Lease at any time for any reason provided it has given the Sports Association six (6) months prior notice. Overholding 18. If the Sports Association 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 Sports Association 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. 4 Article IV Rent Rent 19. The Sports Association shall pay to the City as rent for the entire the Term in lawful money of Canada the sum of One (1) Dollar ($1.00). Gross Lease 20. The City acknowledges that this is a gross 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. Article V Maintenance, Repairs and Alterations Maintenance of Premises 21. The Sports Association shall maintain and operate the Premises so that they shall always be of good appearance and suitable for the proper operation of the Premises. 22. The City shall provide general maintenance services to the Premises at its expense. 23. The City shall be responsible for all day-to-day operating expenses including garbage removal. The Sports Association shall not be responsible for utilities. 24. (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 and lights. (2) The Sports Association shall be responsible for any damages or costs incurred due to the misuse or negligence of the Sports Association, its employees, volunteers, invitees, servants, agents, or others under its control and the Sports Association 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. 25. The Sports Association shall immediately notify the City of any unsafe conditions on the Premises. 5 Security 26. The City shall be responsible for the security of the Premises. The Sports Association is not permitted to use the premises without City personnel on site to perform this function. The Sports Association 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 27. The Sports Association shall only be permitted to make alterations and improvements to the Premises that have been approved by the City. Article VI Insurance and Indemnity Sports Association's Insurance 28. The Sports Association, at its sole cost and expense, shall take out and maintain, (a) insurance upon property owned by it which is located on the Premises; and (b) commercial general liability insurance pertaining to the Sports Association's liability to others in respect of injury, death or damage to property occurring upon, in or about the Premises, and includes coverage for tenants legal liability. 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. 29. Prior to the Commencement Date, the Sports Association 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. 30. The provision of the insurance policy required by this Section shall not relieve the Sports Association from liability for claims not covered by the policy or which exceed its limits, if any, for which the Sports Association may be held responsible. 6 Insurance Risks 31. The Sports Association 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 Sports Association on the Premises causes or results in any increase in premiums for any of the City's insurance policies, the Sports Association shall pay such increase to the City. Indemnification 32. Each of the City and the Sports Association 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 Sports Association, 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. Article VII Remedies on Default City's Right to Re -Enter 35. If any amount payable to the City under this Lease shall remain unpaid for fifteen (15) days after the Sports Association has received notice thereof, then it shall be lawful for the City at any time thereafter to re-enter the Premises. City's Right to Remedy Default 36. In addition to all other remedies the City may have under this Lease and in law, if the Sports Association 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 Sports Association (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 and the Sports Association shall be responsible for all such costs. 7 Waiver 37. No condoning, excusing or overlooking by the City of any default, breach or non -observance by the Sports Association at any time or times in respect of any covenant, obligation or agreement under this Lease shall operate as a waiver of the City's rights hereunder in respect of any continuing or subsequent default, breach or non -observance, or so as to defeat or affect in 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 done or omitted by the Sports Association save only an express waiver in writing. Article VIII Miscellaneous Quiet Enjoyment 38. The City shall permit the Sports Association to peaceably possess and enjoy the Premises during the Term and as per the facility operating hours without any interference from the City, or any person lawfully claiming by, from or under the City provided the Sports Association is not in default. Right of Entry 39. The Sports Association agrees to permit the City and authorized representatives of the City to enter the Premises for the purpose of inspecting the Premises. The City shall use its best efforts to minimize the disruption to the Sports Association's use of the Premises during any such entry. Signs 40. The Sports Association 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. Compliance with Laws 41. The Sports Association, 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 Sports Association or the making of any improvements to the Premises by the Sports Association. Notice 42. Any notice required to be given by the City to the Sports Association under this Lease shall be in writing and shall be delivered to the Premises or such other 8 address of which the Sports Association has notified the City in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. 43. Any notice required to be given by the Sports Association 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 Sports Association in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. Successors and Assigns 44. 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. IN WITNESS WHEREOF the parties have executed this Lease. THE CORPORATION OF THE CITY OF PICKERING David Ryan, Mayor Debbie Shields, City Clerk DURHAM WEST GIRLS' HOCKEY ASSOCIATION I/We have authority to bind the Corporation LEASE SPACE DWGI4A STORAGE 1 so FEET SCHEDULE 'A' PICKERiNG RECREATION COMPLEX 1867 VALLEY FARM ROAD GROUND FLOOR PLAN ATTACH 1 # . 3 _ pro REPOR T` t . Oa -16 LEASE AGREEMENT THIS LEASE AGREEMENT is made as of the BETWEEN: THE CORPORATION OF THE CITY OF PICKERING (the "City") - and - PICKERING RINGETTE ASSOCIATION (the "Sports Association") Article I Interpretation LESSOR LESSEE Definitions 1. In this Agreement, the term: (a) "Commencement Date" means (b) "Lease" means this lease as it may be amended from time to time; (c) "Premises" means that portion of the Pickering Recreations Complex' Delaney Arena, considered to be the Pickering Ringette Association's storage room as shown on Schedule "A" attached hereto, located at 1867 Valley Farm Road, in the City of Pickering, Regional Municipality of Durham; (d) "Rent" means the rent payable pursuant to Section 19; and (e) "Term" means the term of this Lease as set out in Section 16. 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 Severability 3. 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 considered separate and severable from this Lease and the remaining provisions of this Lease shall remain in force. Number 4. Wherever a word importing the singular number only is used in this Lease, such word shall include the plural. Words importing either gender or firms or corporations shall include the other gender and individuals, firms or corporation where the context so requires. Governing Law 5. This Lease shall be governed by, and interpreted and enforced in accordance with, the laws in force in the Province of Ontario. Entire Agreement 6. This Lease constitutes the entire agreement 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 7. In consideration of the performance by the Sports Association of its obligations under this Lease, the City leases the Premises to the Sports Association for its use during the Term. Sports Association's Use of Premises 8. The Premises shall be used only for storage purposes of the Sports Association, and for no other purpose without the prior written consent of the City. For the purpose of clarification, the Sports Association shall not use the Premises for any business or profit -generating purposes. Nuisance 9. The Sports Association 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. 3 City Use of Premises 10. Subject to Section 8, the City shall have first right of refusal to use the Premises. The Sports Association shall not be entitled to any rental fees or other remuneration associated with the use of the Premises by the City. 11. Provided it is not required by the City for any other use, the City shall provide the Sports Association with the use of the premises during the regular facility operating times. Assignment and Subletting 12. The Sports Association shall not assign this Lease or sublet all or any portion of the Premises without the prior written consent of the City. Licences 13. The Sports Association may not grant licences to use the Premises. 14. The Sports Association shall submit their annual financial statement to the City by February 1st of each year. 15. The Sports Association shall submit a list of its Board of Directors to the City by February 1st of each year. Article III Term Term 16. The term of this Lease shall be five (5) years from the Commencement Date to May 31, 2023. 17. The City may terminate this Lease at any time for any reason provided it has given the Sports Association six (6) months prior notice. Overholding 18. If the Sports Association 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 Sports Association 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 19. The Sports Association shall pay to the City as rent for the entire the Term in lawful money of Canada the sum of One (1) Dollar ($1.00). Gross Lease 20. The City acknowledges that this is a gross 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. Article V Maintenance, Repairs and Alterations Maintenance of Premises 21. The Sports Association shall maintain and operate the Premises so that they shall always be of good appearance and suitable for the proper operation of the Premises. 22. The City shall provide general maintenance services to the Premises at its expense. 23. The City shall be responsible for all day-to-day operating expenses including garbage removal. The Sports Association shall not be responsible for utilities. 24. (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 and lights. (2) The Sports Association shall be responsible for any damages or costs incurred due to the misuse or negligence of the Sports Association, its employees, volunteers, invitees, servants, agents, or others under its control and the Sports Association 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. 25. The Sports Association shall immediately notify the City of any unsafe conditions on the Premises. 5 Security 26. The City shall be responsible for the security of the Premises. The Sports Association is not permitted to use the premises without City personnel on site to perform this function. The Sports Association 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 27. The Sports Association shall only be permitted to make alterations and improvements to the Premises that have been approved by the City. Article VI Insurance and Indemnity Sports Association's Insurance 28. The Sports Association, at its sole cost and expense, shall take out and maintain, (a) insurance upon property owned by it which is located on the Premises; and (b) commercial general liability insurance pertaining to the Sports Association's liability to others in respect of injury, death or damage to property occurring upon, in or about the Premises, and includes coverage for tenants legal liability. 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. 29. Prior to the Commencement Date, the Sports Association 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. 30. The provision of the insurance policy required by this section shall not relieve the Sports Association from liability for claims not covered by the policy or which exceed its limits, if any, for which the Sports Association may be held responsible. 6 Insurance Risks 31. The Sports Association 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 Sports Association on the Premises causes or results in any increase in premiums for any of the City's insurance policies, the Sports Association shall pay such increase to the City. Indemnification 32. Each of the City and the Sports Association 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 Sports Association, 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. Article VII Remedies on Default City's Right to Re -Enter 35. If any amount payable to the City under this Lease shall remain unpaid for fifteen (15) days after the Sports Association has received notice thereof, then it shall be lawful for the City at any time thereafter to re-enter the Premises. City's Right to Remedy Default 36. In addition to all other remedies the City may have under this Lease and in law, if the Sports Association 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 Sports Association (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 and the Sports Association shall be responsible for all such costs. 7 Waiver 37. No condoning, excusing or overlooking by the City of any default, breach or non -observance by the Sports Association at any time or times in respect of any covenant, obligation or agreement under this Lease shall operate as a waiver of the City's rights hereunder in respect of any continuing or subsequent default, breach or non -observance, or so as to defeat or affect in 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 done or omitted by the Sports Association save only an express waiver in writing. Article VIII Miscellaneous Quiet Enjoyment 38. The City shall permit the Sports Association to peaceably possess and enjoy the Premises during the Term and as per the facility operating hours without any interference from the City, or any person lawfully claiming by, from or under the City provided the Sports Association is not in default. Right of Entry 39. The Sports Association agrees to permit the City and authorized representatives of the City to enter the Premises for the purpose of inspecting the Premises. The City shall use its best efforts to minimize the disruption to the Sports Association's use of the Premises during any such entry. Signs 40. The Sports Association 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. Compliance with Laws 41. The Sports Association, 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 Sports Association or the making of any improvements to the Premises by the Sports Association. Notice 42. Any notice required to be given by the City to the Sports Association under this Lease shall be in writing and shall be delivered to the Premises or such other 8 address of which the Sports Association has notified the City in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. 43. Any notice required to be given by the Sports Association 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 Sports Association in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. Successors and Assigns 44. 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. IN WITNESS WHEREOF the parties have executed this Lease. THE CORPORATION OF THE CITY OF PICKERING David Ryan, Mayor Debbie Shields, City Clerk PICKERING RINGETTE ASSOCIATION I/We have authority to bind the Corporation reZi LEASE SPACE tr DRESSING ROOM (660 SF) SCHEDULE 'A' PICKERING RECREATION COMPLEX 1867 VALLEY FARM ROAD GROUND FLOOR PLAN ArIACHMENT # H TO REPORT# CS d `k� LEASE AGREEMENT THIS LEASE AGREEMENT is made as of the BETWEEN: THE CORPORATION OF THE CITY OF PICKERING (the "City") - and - SKATE CANADA PICKERING SKATING CLUB (the "Sports Association") Article I Interpretation LESSOR LESSEE Definitions 1. In this Agreement, the term: (a) "Commencement Date" means (b) "Lease" means this lease as it may be amended from time to time; (c) "Premises" means the portions of the Pickering Recreations Complex' Delaney Arena, considered to be the Pickering Skating Club's office and storage room as shown on Schedule "A" attached hereto, located at 1867 Valley Farm Road, in the City of Pickering, Regional Municipality of Durham; (d) "Rent" means the rent payable pursuant to Section 19; and (e) "Term" means the term of this Lease as set out in Section 16. 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 Severability 3. 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 considered separate and severable from this Lease and the remaining provisions of this Lease shall remain in force. Number 4. Wherever a word importing the singular number only is used in this Lease, such word shall include the plural. Words importing either gender or firms or corporations shall include the other gender and individuals, firms or corporation where the context so requires. Governing Law 5. This Lease shall be governed by, and interpreted and enforced in accordance with, the laws in force in the Province of Ontario. Entire Agreement 6. This Lease constitutes the entire agreement 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 7. In consideration of the performance by the Sports Association of its obligations under this Lease, the City leases the Premises to the Sports Association for its use during the Term. Sports Association's Use of Premises 8. The Premises shall be used only for storage and administrative functions of the Sports Association, and for no other purpose without the prior written consent of the City. For the purpose of clarification, the Sports Association shall not use the Premises for any business or profit -generating purposes. Nuisance 9. The Sports Association 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. 3 City Use of Premises 10. Subject to Section 8, the City shall have first right of refusal to use the Premises. The Sports Association shall not be entitled to any rental fees or other remuneration associated with the use of the Premises by the City. 11. Provided it is not required by the City for any other use, the City shall provide the Sports Association with the use of the premises during the regular facility operating times. Assignment and Subletting 12. The Sports Association shall not assign this Lease or sublet all or any portion of the Premises without the prior written consent of the City. Licences 13. The Sports Association may not grant licences to use the Premises. 14. The Sports Association shall submit their annual financial statement to the City by February 1st of each year. 15. The Sports Association shall submit a list of its Board of Directors to the City by February 1st of each year. Article III Term Term 16. The term of this Lease shall be five (5) years from the Commencement Date to May 31, 2023. 17. The City may terminate this Lease at any time for any reason provided it has given the Sports Association six (6) months prior notice. Overholding 18. If the Sports Association 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 Sports Association 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. 4 Article IV Rent Rent 19. The Sports Association shall pay to the City as rent for the entire the Term in lawful money of Canada the sum of One (1) Dollar ($1.00). Gross Lease 20. The City acknowledges that this is a gross 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. Article V Maintenance, Repairs and Alterations Maintenance of Premises 21. The Sports Association shall maintain and operate the Premises so that they shall always be of good appearance and suitable for the proper operation of the Premises. 22. The City shall provide general maintenance services to the Premises at its expense. 23. The City shall be responsible for all day-to-day operating expenses including garbage removal. The Sports Association shall not be responsible for utilities. 24. (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 and lights. (2) The Sports Association shall be responsible for any damages or costs incurred due to the misuse or negligence of the Sports Association, its employees, volunteers, invitees, servants, agents, or others under its control and the Sports Association 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. 25. The Sports Association shall immediately notify the City of any unsafe conditions on the Premises. 5 Security 26. The City shall be responsible for the security of the Premises. The Sports Association is not permitted to use the premises without City personnel on site to perform this function. The Sports Association 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 27. The Sports Association shall only be permitted to make alterations and improvements to the Premises that have been approved by the City. Article VI Insurance and Indemnity Sports Association's Insurance 28. The Sports Association, at its sole cost and expense, shall take out and maintain, (a) insurance upon property owned by it which is located on the Premises; and (b) commercial general liability insurance pertaining to the Sports Association's liability to others in respect of injury, death or damage to property occurring upon, in or about the Premises, and includes coverage for tenants legal liability. 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. 29. Prior to the Commencement Date, the Sports Association 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. 30. The provision of the insurance policy required by this section shall not relieve the Sports Association from liability for claims not covered by the policy or which exceed its limits, if any, for which the Sports Association may be held responsible. 6 Insurance Risks 31. The Sports Association 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 Sports Association on the Premises causes or results in any increase in premiums for any of the City's insurance policies, the Sports Association shall pay such increase to the City. Indemnification 32. Each of the City and the Sports Association 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 Sports Association, 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. Article VII Remedies on Default City's Right to Re -Enter 35. If any amount payable to the City under this Lease shall remain unpaid for fifteen (15) days after the Sports Association has received notice thereof, then it shall be lawful for the City at any time thereafter to re-enter the Premises. City's Right to Remedy Default 36. In addition to all other remedies the City may have under this Lease and in law, if the Sports Association 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 Sports Association (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 and the Sports Association shall be responsible for all such costs. 7 Waiver 37. No condoning, excusing or overlooking by the City of any default, breach or non -observance by the Sports Association at any time or times in respect of any covenant, obligation or agreement under this Lease shall operate as a waiver of the City's rights hereunder in respect of any continuing or subsequent default, breach or non -observance, or so as to defeat or affect in 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 done or omitted by the Sports Association save only an express waiver in writing. Article VIII Miscellaneous Quiet Enjoyment 38. The City shall permit the Sports Association to peaceably possess and enjoy the Premises during the Term and as per the facility operating hours without any interference from the City, or any person lawfully claiming by, from or under the City provided the Sports Association is not in default. Right of Entry 39. The Sports Association agrees to permit the City and authorized representatives of the City to enter the Premises for the purpose of inspecting the Premises. The City shall use its best efforts to minimize the disruption to the Sports Association's use of the Premises during any such entry. Signs 40. The Sports Association 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. Compliance with Laws 41. The Sports Association, 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 Sports Association or the making of any improvements to the Premises by the Sports Association. Notice 42. Any notice required to be given by the City to the Sports Association under this Lease shall be in writing and shall be delivered to the Premises or such other 8 address of which the Sports Association has notified the City in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. 43. Any notice required to be given by the Sports Association 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 Sports Association in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. Successors and Assigns 44. 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. IN WITNESS WHEREOF the parties have executed this Lease. THE CORPORATION OF THE CITY OF PICKERING David Ryan, Mayor Debbie Shields, City Clerk SKATE CANADA PICKERING SKATING CLUB I/We have authority to bind the Corporation 1 I LEASE SPACE 4 50 100 FEET SCHEDULE 'A' PICKERING RECREATION COMPLEX 1867 VALLEY FARM ROAD GROUND FLOOR PLAN Al fACHMENT# 5 TOREPORT# CS. ooh -k$ LEASE AGREEMENT THIS LEASE AGREEMENT is made as of the BETWEEN: THE CORPORATION OF THE CITY OF PICKERING (the "City") - and - PICKERING SWIM CLUB (the "Sports Association") Article 1 Interpretation LESSOR LESSEE Definitions 1. In this Agreement, the term: (a) "Commencement Date" means (b) "Lease" means this lease as it may be amended from time to time; (c) "Premises" means the portions of the Pickering Recreations Complex and Delaney Arena, considered to be the Pickering Swim Club's storage rooms as shown on Schedules "A" attached hereto, located at 1867 Valley Farm Road, in the City of Pickering, Regional Municipality of Durham; (d) "Rent" means the rent payable pursuant to Section 19; and (e) "Term" means the term of this Lease as set out in Section 16. 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. Severability 3. 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 considered separate and severable from this Lease and the remaining provisions of this Lease shall remain in force. Number 4. Wherever a word importing the singular number only is used in this Lease, such word shall include the plural. Words importing either gender or firms or corporations shall include the other gender and individuals, firms or corporation where the context so requires. Governing Law 5. This Lease shall be governed by, and interpreted and enforced in accordance with, the laws in force in the Province of Ontario. Entire Agreement 6. This Lease constitutes the entire agreement between the parties concerning the Premises and may only be amended or supplemented by an agreement in writing signed by both parties. Article 11 Grant and Use Grant 7. In consideration of the performance by the Sports Association of its obligations under this Lease, the City leases the Premises to the Sports Association for its use during the Term. Sports Association's Use of Premises 8. The Premises shall be used only for storage purposes of the Sports Association, and for no other purpose without the prior written consent of the City. For the purpose of clarification, the Sports Association shall not use the Premises for any business or profit -generating purposes. Nuisance 9. The Sports Association 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. 3 City Use of Premises 10. Subject to Section 8, the City shall have first right of refusal to use the Premises. The Sports Association shall not be entitled to any rental fees or other remuneration associated with the use of the Premises by the City. 11. Provided it is not required by the City for any other use, the City shall provide the Sports Association with the use of the premises during the regular facility operating times. Assignment and Subletting 12. The Sports Association shall not assign this Lease or sublet all or any portion of the Premises without the prior written consent of the City. Licences 13. The Sports Association may not grant licences to use the Premises. 14. The Sports Association shall submit their annual financial statement to the City by December 1st of each year. 15. The Sports Association shall submit a list of its Board of Directors to the City by December 1st of each year. Article III Term Term 16. The term of this Lease shall be five (5) years from the Commencement Date to May 31, 2023. 17. The City may terminate this Lease at any time for any reason provided it has given the Sports Association six (6) months prior notice. Overholding 18. If the Sports Association 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 Sports Association 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. 4 Article IV Rent Rent 19. The Sports Association shall pay to the City as rent for the entire the Term in lawful money of Canada the sum of One (1) Dollar ($1.00). Gross Lease 20. The City acknowledges that this is a gross 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. Article V Maintenance, Repairs and Alterations Maintenance of Premises 21. The Sports Association shall maintain and operate the Premises so that they shall always be of good appearance and suitable for the proper operation of the Premises. 22. The City shall provide general maintenance services to the Premises at its expense. 23. The City shall be responsible for all day-to-day operating expenses including garbage removal. The Sports Association shall not be responsible for utilities. 24. (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 and lights. (2) The Sports Association shall be responsible for any damages or costs incurred due to the misuse or negligence of the Sports Association, its employees, volunteers, invitees, servants, agents, or others under its control and the Sports Association 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. 25. The Sports Association shall immediately notify the City of any unsafe conditions on the Premises. 5 Security 26. The City shall be responsible for the security of the Premises. The Sports Association is not permitted to use the premises without City personnel on site to perform this function. The Sports Association 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 27. The Sports Association shall only be permitted to make alterations and improvements to the Premises that have been approved by the City. Article VI Insurance and Indemnity Sports Association's Insurance 28. The Sports Association, at its sole cost and expense, shall take out and maintain, (a) insurance upon property owned by it which is located on the Premises; and (b) commercial general liability insurance pertaining to the Sports Association's liability to others in respect of injury, death or damage to property occurring upon, in or about the Premises, and includes coverage for tenants legal liability. 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. 29. Prior to the Commencement Date, the Sports Association 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. 30. The provision of the insurance policy required by this section shall not relieve the Sports Association from liability for claims not covered by the policy or which exceed its limits, if any, for which the Sports Associatiori may be held responsible. 6 Insurance Risks 31. The Sports Association 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 Sports Association on the Premises causes or results in any increase in premiums for any of the City's insurance policies, the Sports Association shall pay such increase to the City. Indemnification 32. Each of the City and the Sports Association 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 Sports Association, 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. Article VII Remedies on Default City's Right to Re -Enter 35. If any amount payable to the City under this Lease shall remain unpaid for fifteen (15) days after the Sports Association has received notice thereof, then it shall be lawful for the City at any time thereafter to re-enter the Premises. City's Right to Remedy Default 36. In addition to all other remedies the City may have under this Lease and in law, if the Sports Association 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 Sports Association (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 and the Sports Association shall be responsible for all such costs. 7 Waiver 37. No condoning, excusing or overlooking by the City of any default, breach or non -observance by the Sports Association at any time or times in respect of any covenant, obligation or agreement under this Lease shall operate as a waiver of the City's rights hereunder in respect of any continuing or subsequent default, breach or non -observance, or so as to defeat or affect in 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 done or omitted by the Sports Association save only an express waiver in writing. Article VIII Miscellaneous Quiet Enjoyment 38. The City shall permit the Sports Association to peaceably possess and enjoy the Premises during the Term and as per the facility operating hours without any interference from the City, or any person lawfully claiming by, from or under the City provided the Sports Association is not in default. Right of Entry 39. The Sports Association agrees to permit the City and authorized representatives of the City to enter the Premises for the purpose of inspecting the Premises. The City shall use its best efforts to minimize the disruption to the Sports Association's use of the Premises during any such entry. Signs 40. The Sports Association 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. Compliance with Laws 41. The Sports Association, 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 Sports Association or the making of any improvements to the Premises by the Sports Association. Notice 42. Any notice required to be given by the City to the Sports Association under this Lease shall be in writing and shall be delivered to the Premises or such other 8 address of which the Sports Association has notified the City in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. 43. Any notice required to be given by the Sports Association 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 Sports Association in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. Successors and Assigns 44. 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. IN WITNESS WHEREOF the parties have executed this Lease. THE CORPORATION OF THE CITY OF PICKERING David Ryan, Mayor Debbie Shields, City Clerk PICKERING SWIM CLUB I/We have authority to bind the Corporation LEASE SPACE naEr SCHEDULE 'A' PICKERING RECREATION COMPLEX 1867 VALLEY FARM ROAD GROUND FLOOR PLAN LEASE SPACE 1-1141421 c-\ I I J L } k -111 ) 1 El L I HOR7H 101.0 FEET SCHEDULE 'A' PICKERING RECREATION COMPLEX 1867 VALLEY FARM ROAD SECOND FLOOR PLAN