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HomeMy WebLinkAboutBy-law 4648/95 THE CORPORATION OF THE TOWN OF PICKERINQ BY-LAW NO. 4648/95 Being a by-law to authorize the execution of a Licence Renewal Agreement between Gay Liddell and Robert Liddell, carrying on business as "The Turning Point" and The Corporation of the Town of Picketing respecting the operation of the pottery studio at the Picketing Recreation Complex from September 7, 1995 to September 6, 1997. WHEREAS, pursuant to subsection 207(58) of the Municipal Act, R.S.O. 1990, c. M.45, the Council of the Corporation of the Town of Pickering may pass by-laws for the operation and management of places of recreation and similar buildings; AND WHEREAS, the Pickering Recreation Complex is a place of recreation containing a pottery studio therein; AND WHEREAS, The Corporation of the Town of Pickering and Gay Liddell and Robert Liddell carrying on business as "The Turning Point", entered into a Licence Agreement for the pottery studio located at the Picketing Recreation Complex on August 4, 1993, which agreement expires on September 6, 1997; AND WHEREAS, Gay Liddell and Robert Liddell, wish to renew the said Licence Agreement for a further tem~ of 2 years; NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a renewal of the Licence Agreement, substantially in accordance with the form attached as Schedule A hereto, between Gay Liddell and Robert Liddell, carrying on business as "The Turning Point" and The Corporation of the Town of Pickering respecting the operation of the pottery studio at the Pickering Recreation Complex from September 7, 1995 to September 6, 1997 together with an option to renew for a further term of 3 years commencing September 7, 1997 and ending on September 6, 2000. BY-LAW read a first, second and third time and finally passed this 17th day of July, 1995. .......... yor LICENCE RENEWAL AGREEMENT made in duplicate this 28th day of June, A.D. 1995. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE FIRST PART - and - GAY LIDDELL and ROBERT LIDDELL, carrying on business as "THE TURN1NG POINT" hereinafter called the "Company" OF THE SECOND PART WHEREAS the Town is the owner of the Pickering Recreation Complex, located at 1867 Valley Farm Road, Picketing, which facility is a place of recreation containing a pottery studio, hereinafter referred to as the "Pottery Studio"; AND WHEREAS by Licence Agreement dated the 4th day of August, 1993 (hereinafter called the "Licence Agreement"), the Town licensed to the Company a portion of the Pickering Recreation Complex referred to as the Pottery Studio, as more particularly described therein, for a term expiring on the 6th day of September, 1995; AND WHEREAS By-Law # passed by Council on the 17th day of July, 1995, authorized the renewal of the existing Licence Agreement. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and other good and valuable consideration and the mutual convenants contained herein the parties hereto agree each with the other as follows: 1. The Licence Agreement attached as Schedule A hereto, is hereby renewed for a further term of two (2) years commencing on the 7th day of September, 1995 and ending on the 6th day of September, 1997. Such renewal to be upon the same terms and conditions as contained in the License Agreement save and accept for the following: (a) Section 3 of the Licence Agreement shall be deleted and replaced by the following: "3(a) The Company shall pay to the Town a fee of $500.00 per month for the exclusive right to use and occupy the pottery studio during the term, such fee being payable in cash or by certified cheque, in equal monthly installments commencing September 7, 1997." (b) Provided there has been no default by the Company in any of the covenants contained in this Licence Agreement, the Company shall have an option to renew this licence for one renewal period of 3 years, commencing on September 7, 1997 and ending on September 6, 2000. Such option shall be exercised by the Company providing written notification to the Town of its intention to renew this licence on or before June 6, 1997 in accordance with section 8(2)(b) herein, failing which, this option shall be null and void. The fee for the licence during the renewal period shall be at a rate equal to the fair market rent of the Pottery Studio as mutually agreed upon by the Town and the Company on or before September 6, 1997. The parties mutually agree that the licence fee during the renewal term shall in no event be less than $500 per month. In the event the parties fail to agree to the increased fee prior to September 6, 1997, this option shall be null and void. The renewal shall otherwise be subject to the same covenants, obligations and agreements and be upon the same terms and conditions as contained in this Licence Agreement save and except for any further rights of renewal." (b) Section 8(1) of the Licence Agreement shall be deleted and replace by the following: "Notwithstanding anything hereinbefore contained, should the Town determine that it requires the Pottery Studio for any purpose, the Town may terminate this Agreement upon three month's prior written notice to the Company." 2. The Licence Agreement shall continue in full force and effect except as otherwise set out herein. 3. This Indenture shall enure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF the parties hereto have hereunto set their corporate scals attested to by the hands of their proper officers in that behalf fully authorized. THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk SIGNED, SEALED AND DELIVERED Gay Liddell Robert Liddell S(/~EDULE "A" THIS LICENCE AGREEMENT made August 4, 1993, pursuant Io the provisious of section 207.57 of the Municipal Act, R.S.O. 1990, chapter M.45, BETWEEN: GAY LIDDELL and ROBERT LIDDELL, carrying on business as TH_E TURNING POII'4T. herein called the "Company", OF THE FIRST PART, Ta~_E~RPORA_TION OF TH~TOWN OF PICKI~RINQ herein called the "Town", OF THE SECOND PART. WHEREAS the Town is the owner of the Picketing Recreation Complex, located at 1867 Valley Farm Road, Pickering, which facility is a place of recreatiou contaiuing a pottery studio; and WttEREAS the Compauy wishes to have Ihe exclusive use of the pottery studio and certain equipment therein for the purpose of providing pottery instruction to the public subject to certain terms and condi!ious; NOW THEREFORE THIS AGREEMENT WITNESSETH that, in consideration of the mutual covenants and agreements contained herein, the Parties hereto agree as follows: DEFINITIONS 1. In this Agreement, the term, (a) "Department" tneaus the Town's Departmeut of Community Services ea~d Facilities; (b) "Pickeriug Recreation Complex" memts the Town's Picketing Recreatiou Complex located at 1867 Valley Farm Road, Picketing, Ontario; (c) "poltery studio" means the pottery studio located on tile first floor of Ihe Picketing Recreation Complex. TERM OF THE LICENCE 2. The Town grants to the Compa,ty lite exclusive right to use and occupy the pottery studio for a period beginning September 7, 1993 and ending September 6, 1995 (herein called the "Tenn") for dre purpose of providing pottery instruction to the public. FEE FOR THE LICENCE 3. The Company shall pay to the Town a fee of $12,000 for the exclusive righ! to use ,'md occupy lhe pottery studio duriug the term, such fee being payable itl cash or by certified cheque in 24 equal monthly instalhnents of $500 begiuning September 7, 1993. TERMS AND CONDITIONS OF THE LICENCE 4. The Company, its servauts, agents and employees, shall comply strictly with all applicable statu(es, laws, by-laws, orders, rides, regulations mid policies governing lhe operation of tile Pickerlng Recreation Complex and the pottery studio and the conduct of the busiuesses of Corn. party attd of the Town, including but not limited to all applicable health and safety regtflations governb~g the conduct and operatiou of the pottery studio. 5. TI~e Compauy shall, (a) indemnify the Town for at~y cosls, claim~ or damages from any loss, dantage or injury, including loss of life, to auy person or properly at ,'my tinle itt or near the pollery studio or tile Picketing Recreation Complex however such loss, damage or hOury may occur; ~ (b) provide at its expense and keep in force during the Ten'n, for the beuefit of the Company of the Town, general liability insurance in respect of injury to or death of one or more persons, or of dmnage to properly, in an amount uot less than $1,000,000; (c) deposit with the Town, before the beginning of the Term, a certificate of insurance verifying that a general liability insurance policy in the arnount of at least $1,000,000 is in place ha a form satisfactory to tile Town; (d) obtain all necessary permits, licer~ces and approvals; (e) keep the pottery studio ha good repair and maintain the pottery studio and all Town-owned equipment therein or related thereto at a high level of cleaMiness; (f) leave tile pottery stndio in a neat, tidy and clean condition at the end of lhe Term and repair or replace any dmnages to the pottery studio and all Town-owned equipment therein or related thereto except reasonable wear and tear; (g) obtain the approval of the Department before alteriug, adding to or varying in any way all or any part of the pottery studio or the Town-owned equipment therein or related thereto, make any approved alteration, additin,~ or variation at the Company's sole expense, and transfer ownersblp thereof to the Town at the end of the Term; (b) pay all really, business or other taxes or rates that ,nay be levied against the Town, the Picketing Recreation Complex or the pottery studio as a result of the Company's use or occupation of the pottery studio; (i) provide and pay for all personnel, equipment and supplies for the purpose of its operation of pottery progrmns in tire potlery studio; (j) keep the Town free fro,n any costs originating from or associated with the Company's operation of pottery programs in the pottery slu(lio; (k) ensure that it operates its pottery programs o,fly during the operating hours of the Picketing Recreation Complex; and (I) provide a safe and good slandard of service to the public participatb~g in its pottery programs in the pottery studio. 6. Tire Town shall, (a) snpply electrical power, beat, air conditioning and water to the pottery studio and make garbage removal facilities available to the Company at the Picketing Recreation Complex; (b) provide electrical, plumbing, fire alarm and air conditioning maintenance and repair; (c) notify the Company in advance of any planned iutern~ption to the supply of electrical power, beat, air conditioning and water to the pottery studio; (ti) notify file Company as soon as possible of any unexpected intern~ption to the supply of electrical power, beat, air coudifioning and water to the pottery studio; (e) ensure that the pottery studio mrd all Town-owned equipment therein or related thereto is in good and safe working order at the beginning of the Term; (f) prohibit displays, tables, shows or barricades in front of the windows of the pottery studio, or blocking access to the pottery studio, except with the consent of the Company; and (g) permit the Con~pany to operate its pottery programs at rely thne or times during the operating bouts of the Picketing Recreation Complex; (h) permit the Compauy, its servm~ts, agents and employees, to have access to the pottery studio at any thne'during the Term, whether or not the Pickering Recreation Complex is operating, for tlie purpose of safely gaining access to the kiln or kilns during firing cycles; m~d (i) provide u~ to two pages hi the Depatiment's seasonal newsletlers to promote the Compauy s pottery pr6grmns at the pottery studio. 2 LIMITED LIABILITY OF THE TOWN 7. The Town shall not be liable to the Company for, (n) m~y loss of or damage to the Company's equipmenl, supplies or producls, whether caused by fire, theft, burglary or otherwise, unless such loss or dmnage was caused by the gross negligence of the Town, its servants, agents or employees; nor (17) Ihe inabilily to provide access lo tile pollel3z studio or an infern~tmn in the sopply of electrical power, heat, air conditioning or wal~r to tile pottery studio as a result of an act of God, war, riot, insurreclion, labour interruptions, strikes, walkouts or lockouts, mechanical failures, or other circumstances beyond the Town's control. EARLY TERMINATION 8. (1) Either party may terminate this Agreement upon flu-ce month's written notice to the other. (2) Notice of early termination may be given by personM delivery or registered mail, (a) in the case of the Owner, to either Gay Lkldell or Robert Liddell at 1750 Forbrock Street, R.R. #1, Picketing, Ont~io LIV 2P8; and (b) in the case of the Town, to The Town Clerk, The Corporation of the Town of Picketing, Picketing Civic Complex, One The Esplanade, Picketing, Ontario LIV 6K7. (3) 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. (4) 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 Ihe day of mailing, as the case may be. (5) In the event of early tenninatio., the fee payable by the Company to the Town pursuant to section 3 shall be pro-rated to the date of early termination, and if necessary, the last instalhnent shall be pro-rated accordingly. ASSIGNMENT, BINDING NATURE AND BENEFIT HEREOF 9. (1) This Agreement is not assignable by the Company without the consent of the Town, which consent may be arbitrarily refused. (2) This Agreement shall enure to the benefit of and be binding upon the Parties hereto and their respective heirs, administrators, executors, successors m~d assigns. 1N ~NESS WHEREOF the persons compris~g the Company have hereunto afl. ed their h~ds and sefls ~d the Town has hereunto affmed its co.orate scM, attested by the h~ds of its authorized officers. SIGNED~ SE~ED ~D DE~ERED / Robert Lid ~.~ THE CORPO~ON OF THE TOWN OF PICKERING ~yne ~ylor, Clerk, Mm~,.~,,o,O~ C.M. T~y S~ffield, Clerk Pm 3