HomeMy WebLinkAboutCS 11-20city 06
DICKERING
Report to Council
Report Number: CS 11-20
Date: April 27, 2020
From: Marisa Carpino
Director, Community Services & Deputy CAO
Subject: Dr. Nelson F. Tomlinson Community Centre Management Agreement
- Claremont Lions & District Club
- File: A-1440
Recommendation:
1. That the Mayor and City Clerk be authorized to execute a Management Agreement renewal
to which the Claremont Lions & District Club will be permitted to continue to provide certain
management services to the City of Pickering at the Dr. Nelson F. Tomlinson Community
Centre from April 1, 2020 to March 31, 2025, subject to minor revisions as may be required
by the Director, Community Services and the Director, Corporate Services & City Solicitor;
and
2. That the appropriate officials of the City of Pickering be authorized to take the necessary
action to give effect thereto.
Executive Summary: The Claremont Lions & District Club have an existing Management
Agreement to provide certain management services to the City at the Dr. Nelson F. Tomlinson
Community Centre which will expire on March 31, 2020. The Claremont Lions & District Club have
requested to renew this agreement for an additional five years.
The Community Services Department recommends that a renewal agreement be initiated with the
Claremont Lions & District Club.
Financial Implications: The City will receive 25 percent of the gross revenues collected by the
Claremont Lions & District Club for their use of the premises on Saturdays and New Year's Eve
throughout the term of the agreement. This represented approximately $250.00 of gross revenues
for the City of Pickering in 2019.
Discussion: The Claremont Lions & District Club currently have a Management
Agreement with the City of Pickering which will expire on March 31, 2020. They have requested to
renew this agreement for the next five years.
Under the terms and conditions of the Management Agreement, the Claremont Lions & District
Club is responsible for security, caretaking, and general maintenance services of the Dr. Nelson
F. Tomlinson Community Centre. The renewal agreement allows the Claremont Lion & District
CS 11-20 April 27, 2020
Subject: Dr. Nelson F. Tomlinson Community Centre Management Agreement Page 2
Club to continue to book the premises for non-profit functions, charity events, receptions and any
other City approved purposes.
The Director, Community Services & Deputy CAO recommends that a Management Agreement
renewal be initiated with the Claremont Lions & District Club from April 1, 2020 to March 31, 2025.
Attachments:
1. Management Agreement 2020-2025
Prepared/Approved/Endorsed By:
Marisa Camino
Director, Community Services &
Deputy CAO
:mc
Recommended for the consideration
of Pickering City Council
Tony Prevedel, P.Eng.
Chief Administrative Officer
.3f12PZ
CORP0227-07/01 revised
This Management Agreement made as of , 2020,
Between:
Claremont & District Lions Club
(the "Club")
- and -
The Corporation of the City of Pickering
(the "City")
WHEREAS the City owns and operates a multi -facility community centre known as the Dr. Nelson F.
Tomlinson Community Centre, in the Hamlet of Claremont, in the City of Pickering, hereinafter
referred to as the "Community Centre" for the benefit of its citizens, particularly those residents in the
Hamlet of Claremont and surrounding area;
WHEREAS the Club has provided certain management services to the City with respect to other City -
owned facilities located within the Hamlet of Claremont since November 5, 1979 and wishes to
continue providing management services at the Community Centre;
NOW THEREFORE this Agreement witnesseth that, in consideration of the mutual covenants and
agreements herein contained and the sum of Two (2.00) Dollars paid by each party to the other (the
receipt and sufficiency of which is hereby acknowledged), subject in the terms and conditions
hereinafter set out, the Parties hereto agree as follows:
1. Definitions
(1) For the purpose of this Agreement "Premises" shall mean:
(a) that portion of the Community Centre being composed of the multi-purpose hall, the
kitchen, the meeting room and adjacent hallways, washroom facilities and public
changerooms as shown on Schedule "A" attached hereto.
(2) For the purpose of this Agreement, "Management Services" shall mean:
(a) the leasing of the Premises, or parts thereof, from time to time during the Term of
this Agreement, to non-commercial lessees and third parties for non-profit functions,
charity events, receptions and any other City -approved purposes in accordance with
the rental rates agreed to between the parties hereto in accordance with section 7(f)
of this Agreement;
(b) the provision of caretaking and general maintenance services to the Premises at the
Club's expense, together with the provisions of all necessary cleaning and
maintenance supplies such as cleaning products, related paper products and
cleaning equipment.
2. Term
The Club shall have use of the Premises and shall provide the City with Management Services
to the satisfaction of the City for a five-year Term (the "Term") commencing as of April 1, 2020
and ending on March 31, 2025, unless earlier terminated.
3. Maintenance
(a) The City shall be responsible for all inspections and preventative maintenance with
respect to the exterior of the Community Centre, the heating equipment, transformer,
parking lot and lights, exterior landscaping and the physical structure of the building
provided, however, that the Club shall be responsible for any damages or costs incurred
due to the misuse or negligence of the Club, its employees, invitees, servants, agents,
or others under its control and the Club shall pay to the City on demand the expense of
any repairs including the City's reasonable administration charge necessitated by such
negligence or misuse.
(b) The City shall be responsible for all day-to-day operating expenses of the Premises
including, hydro, water, heating, air conditioning, sewage disposal (including periodic
emptying of the septic tank) and garbage removal. The City shall provide grass cutting
and landscaping services and snow removal for the parking lot, sidewalks, walkways
and other areas of pedestrian passage of the Community Centre only. The City shall
provide cleaning services to the common areas of the Community Centre only once per
week; subject to cancellation, at the discretion of City staff, should the need be
unwarranted. Common areas include the interior main entrance vestibule, the lobby
area, the two interior washrooms, and during the outdoor sports season, the two
exterior washrooms.
(c) As set out in WHMIS Regulation R.R.O. 1990, Reg. 860, as amended by: O. Reg 36/93
of the Occupational Health and Safety Act, the Club shall be responsible to maintain a
binder containing material safety data sheets for all hazardous products stored or used
on the Premises. Said binder must be kept current at all times and available for
reference by users of said products.
(d) The Club shall be responsible to provide the City with WHMIS training certification of
individuals working with cleaning products and/or hazardous materials on the Premises
and of Club members working alone or overseeing any maintenance tasks performed
on the Premises.
4. Security
The Club shall be responsible for the security of the Premises. The Club shall be responsible
for any costs incurred or arising due to the misuse or negligence of the Club, its employees,
invitees, servants, agents or others under its control and the Club shall pay to the City on
demand the expense of any repairs including the City's reasonable administration charges
necessitated by such negligence or misuse. The Club will ensure that no copies of the keys to
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the Premises are made or given to third parties (even temporarily) without the prior written
consent of the City. Only Club representatives that have signed for keys with the City will be
authorized to be in the possession of keys to the Premises.
5. City Use of Premises
Notwithstanding any other provision of this Agreement, the City and the Club acknowledge and
agree that the City will have first right of refusal to use the Premises, for the City's services,
programs, events and general activities, including for Claremont and District Community
Association program purposes or for any other City purpose Monday through Thursday from
7:00 am to 11:00 pm and Friday's from 8:00 am to 5:00 pm throughout the Term, at no cost to
the City. The City agrees to provide the Club with the specific dates and times that the
Premises will be required for City use or for use by the Claremont and District Community
Association, at least one month in advance of the required date. The Club will not be entitled
to any rental fees or other remuneration associated with the said use of the Premises by the
City or by the Claremont and District Community Association.
6. Use & Occupancy of Premises By The Club
The Club agrees to use, and ensure that the use of the Premises is in accordance with the
City's Alcohol Management Policy and the City's rules and regulations which are attached
hereto as Schedules "B" and "C".
(a) Sharing of Use With The Club
The parties herein acknowledge and agree that the Club shall have the exclusive use of
the Premises every Saturday throughout the year and New Year's Eve of each year
throughout the Term;
(b) Appearance of Premises
The Club agrees to maintain and operate the Premises so that it shall always be of
good appearance and suitable for the proper operation of the uses required to be
carried on therein and comparable with the standards of the best such uses, and in so
doing, to keep both the interior and exterior of the Premises clean, orderly and tidy, and
clear of all refuse, snow and ice.
(c) By -Laws
The Club agrees to comply, at its own expense, with all Municipal, Federal and
Provincial, sanitary, fire, health and safety laws, regulations, by-laws and requirements
pertaining to the occupation and use of the Premises, the condition of the
improvements, trade fixtures, furniture and equipment installed by or on behalf of the
Club therein and the making by the Club of any repairs, changes or improvements
therein, which repairs, changes or improvements, shall be subject to pre -approval by
the City in accordance with the provisions of section 10.
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7. Rental Revenues
(a) The Club shall pay to the City a fee equal to 25% of the gross revenue collected by the
Club for their use of the Premises on Saturdays and on New Year's Eve throughout the
Term.
(b) The Club shall retain 100% of the rental fees recovered for the Premises from all
authorized leases other than the City and the Claremont and District Community
Association as outlined in section 5(a).
(c) The applicable fee, as set out in section 7(a) above, shall be paid by the Club to the
City, in lawful money of Canada, on January 31st, April 30th, July 31st, and October 31st
of each year throughout the Term and at the address of the City set out in section
16(c)(i) or at such other place as the City shall from time to time designate.
(d) The Club shall submit a written report to the City every three months, on January 31st
April 30111, July 31st, and October 31st of each year throughout the Term, documenting
the source and amount of all licence fees received by the Club for the Premises.
(e) The Club shall submit its annual financial statement and annual schedule to the City by
the 2nd Monday of August of the following year throughout the Term.
(f) The Club agrees that it shall only charge such fees for the rental of the Premises at the
rate that is approved by the City annually. The City and the Club shall establish the
approved rental fee rate yearly throughout the Term.
(g) The City shall pay to the Club 40% annually of filming rental fees for the Community
Centre parking lot only by February 15th of each year throughout the Term.
8. General Covenants
(a) The City covenants with the Club:
(i) for quiet enjoyment; and
(ii) to observe and perform all covenants and obligations of the City herein.
(b) The Club covenants with the City:
(i) to pay rent; and
(ii) to pay all applicable taxes, including business taxes and goods and services taxes;
and
(iii) to observe and perform all covenants and obligations of the Club herein.
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9. Prohibition Against Assignment and Sub -Letting
The Club shall not assign this Agreement without the prior written consent of the City which
consent may be arbitrarily withheld.
10. Leasehold Improvements & Trade Fixtures
(a) Definition of Leasehold Improvements
For purposes of this Agreement, the term "Leasehold Improvements" includes without
limitation all fixtures, improvements, installations, alterations and additions from time to
time made, erected or installed by or on behalf of the Club in or on the Premises, and
whether or not moveable, with the exception of furniture and equipment not of the
nature of fixtures.
(b) Installation of Improvements & Fixtures
The Club shall not make, erect, install or alter any Leasehold Improvements or trade
fixtures, including lighting, in or on the Premises without having first obtained the City's
written approval. The Club's request for any approval hereunder shall be in writing and
accompanied by an adequate description of the contemplated work and, where
appropriate, working drawings and specifications thereof. All work to be performed in
the Premises shall be performed by competent contractors and subcontractors of whom
the City shall have approved such approval not to be unreasonably withheld. All such
work shall be subject to inspection by and the reasonable supervision of the City, and
shall be performed in accordance with any reasonable conditions or regulations
imposed by the City and completed in a good and workmanlike manner in accordance
with the description of work approved by the City.
(c) Liens & Encumbrances on Improvements & Fixtures
In connection with the making, erection, installation or alteration of Leasehold
Improvements and trade fixtures and all other work or installations made by or for the
Club in or on the Premises, the Club shall comply with all the provisions of the
Construction Act, R.S.O. 1990, c. C.30, as amended, and other statutes from time to
time applicable thereto, including any provision requiring or enabling the retention by
way of hold -back of portions of any sums payable, and except as to any such hold -back
shall promptly pay all accounts relating thereto. The Club shall not create any
mortgage, conditional sale agreement or other encumbrance in respect of its Leasehold
Improvements or, without the consent of the City, with respect to its trade fixtures nor
shall the Club take any action as a consequence of which any such mortgage,
conditional sale agreement or other encumbrance would attach to the Premises or any
part thereof. If and whenever any lien for work, labour, services or materials supplied to
or for the Club or for the cost of which the Club may be in any way liable or claims
therefore shall arise or be filed or any such mortgage, conditional sale agreement or
other encumbrance shall attach, the Club shall within 20 days after receipt of notice
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thereof procure the discharge thereof, including any certificate of action registered in
respect of any lien, by payment or giving security or in such other manner as may be
required or permitted by law, and failing which the City may in addition to all other
remedies hereunder avail itself of its remedy under section 12 and may make any
payments required to procure the discharge of any such liens or encumbrances, shall
be entitled to be reimbursed by the Club as provided in section 12, and its right to
reimbursement shall not be affected or impaired if the Club shall then or subsequently
establish or claim that any lien or encumbrance so discharged was without merit or
excessive or subject to any abatement, set-off or defense. This subsection shall not
prevent the Club from mortgaging or encumbering its chattels, furniture or equipment
not of the nature of fixtures.
(d) Additions and Alterations
The Club shall not make any alterations or additions to the Premises without the prior
written consent of the City's Director, Community Services. Any such pre -approved
alterations, additions, or fixtures shall be added to the City's inventory of fixtures, and
shall form part of the City's property. The Club acknowledges that it has no claim to any
such alteration, addition or fixture upon the termination of this Agreement.
11. Insurance & Liability
(a) Club's Insurance
The Club shall take out, at its sole cost and expense, and keep in force during the Term:
i. insurance upon property owned by the Club which it is located on the Premises;_
ii. comprehensive insurance of the type commonly called general public liability,
which shall include coverage for personal liability, contractual liability, Club's
legal liability, non -owned automobile liability, abuse liability, bodily injury, death
and property damage, all on an occurrence basis with respect to the Club's use
and occupancy of the Premises, with coverage for any one occurrence or claim
of not less than $2,000,000.00 or such other amount as the City may reasonably
require upon not less than six months notice at any time during the Term, which
insurance shall include the City as a named insured and shall protect the City in
respect of claims by the Club as if the City were separately insured; and
(iii) insurance against such other perils and in such amounts as the City may from
time to time reasonably require upon not less than 90 days written notice, such
requirement to be made on the basis that the required insurance is customary at
the time for prudent tenants of similar properties.
All insurance required to be maintained by the Club hereunder shall be on terms and
with insurers to which the City has no reasonable objection. Each policy shall contain a
waiver by the insurer of any rights of subrogation or indemnity or any other claim over to
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which the insurer might otherwise be entitled against the City or the agents or
employees of the City, and shall also contain an undertaking by the insurer that no
material change adverse to the City or the Club will be made, and the policy will not
lapse or be cancelled, except after not less than thirty days written notice to the City of
the intended change, lapse or cancellation. The Club shall furnish to the City, if and
whenever requested by it, certificates or other evidences acceptable to the City as to
the insurance from time to time effected by the Club and its renewal or continuation in
force, together with evidence as to the method of determination of full replacement cost
of the Club's Leasehold Improvements, trade fixtures, furniture and equipment, and if
the City reasonably concludes that the full replacement cost has been underestimated,
the Club shall forthwith arrange for any consequent increase in coverage required
hereunder. If the Club shall fail to take out, renew and keep in force such insurance, or
if the evidences submitted to the City pursuant to the preceding sentence are
unacceptable to the City or no such evidences are submitted within a reasonable period
after request therefore by the City then the City may give to the Club written notice
requiring compliance with this section and specifying the respects in which the Club is
not then in compliance with this section. If the Club does not, within 72 hours or such
lesser period as the City may reasonably require having regard to the urgency of the
situation, provide appropriate evidence of compliance with this section, the City may,
but shall not be obligated to, obtain some or all of the additional coverage or other
insurance which the Club shall have failed to obtain, without prejudice to any other
rights of the City under this Agreement or otherwise, and the Club shall pay all
premiums and other expenses incurred by the City in that connection as additional rent
pursuant to section 14 hereof.
(b) Limitation of City's Liability
The City shall not be liable for any bodily injury or death of, or loss or damage to any
property belonging to the Club or its employees, invitees or licensees or its guests, or to
any other person in, on or about the Premises.
(c) Club's Indemnification of City
The Club shall indemnify and save harmless the City in respect of:
(i)
all actions, causes of actions, suits, liens, claims and demands whatsoever,
which may arise either directly or indirectly by reason of any act or omission of
the Club, its servants, licensees, invitees, members, guests, contractors or
agents in the use or occupation of the Premises;
(ii) any loss, cost, expense or damage suffered or incurred by the City arising from
any breach by the Club of any of its covenants and obligations under this
Agreement;
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(iii) all costs, expenses and reasonable legal fees that may be incurred or paid by the
City in enforcing against the Club the covenants, agreements and
representations of the Club set out in this Agreement; and
(iv) the Club shall ensure that all permit holders using the Premises have a minimum
of $2,000,000.00 third party general liability insurance that must be arranged
through the permit application process and paid for by the permit holder.
12. City's Access
(a) The Club shall be responsible for minor repairs to the Premises, at its expense,
reasonable wear and tear, fire damage, lightning damage and storm damage excepted.
(b) The City shall be permitted at any time and from time to time to enter and to have its
authorized agents, employees and contractors enter the Premises for the purposes of
inspection, maintenance or making repairs, and the Club shall provide free and
unhampered access for the purpose, and shall not be entitled to compensation for any
inconvenience, nuisance or discomfort caused thereby, but the City in exercising its
rights hereunder shall proceed to the extent reasonably possible so as to minimize
interference with the Club's use and enjoyment of the Premises.
13. Delay & Non -Waiver
(a) Unavoidable Delay
Except as herein otherwise expressly provided, if and whenever and to the extent that
either the City or the Club shall be prevented, delayed or restricted in the fulfillment of
any obligation hereunder in respect of the making of any repair, the doing of any work or
any other thing, other than the payment of rent or other monies due, by reason of:
(i) strikes or work stoppages;
(ii) inability to obtain any material, service, utility or labour required to fulfill such
obligation;
(iii) any statute, law or regulation of, or inability to obtain any permission from, any
government authority having lawful jurisdiction preventing, delaying or restricting
such fulfillment; or
(iv) other unavoidable occurrence,
the time for fulfillment of such obligation shall be extended during the period in which
such circumstances operates to prevent, delay or restrict the fulfillment thereof, and the
other party shall not be entitled to compensation for any inconvenience, nuisance or
discomfort thereby occasioned.
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(b) Waiver
If either the City or the Club shall overlook, excuse, condone or suffer any default,
breach or non -observance by the other of any obligation hereunder, this shall not
operate as a waiver of such obligation in respect of any continuing or subsequent
default, breach or non -observance, and no such waiver shall be implied but shall only
be effective if expressed in writing.
14. Remedies of City
(a) In addition to all rights and remedies of the City available to it in the event of any default
hereunder by the Club through improper compliance or non-compliance with any
obligation arising either under this or any other provision of this Agreement or under
statute or the general law,
(i) the City shall have the right at all times to remedy or attempt to remedy any
default of the Club, and in so doing may make any payments due or alleged to be
due by the Club to third parties and may enter upon the Premises to do any work
or other things therein, and in such event all expenses of the City in remedying or
attempting to remedy such default shall be payable by the Club to the City as
additional rent forthwith upon demand;
(ii) the City shall have the same rights and remedies in the event of any non-
payment by the Club of any amounts payable by the Club under any provision of
this Agreement as in the case of a non-payment of rent; and
(iii) if the Club shall fail to pay any rent or other amount from time to time payable by
it to the City hereunder promptly when due, the City shall be entitled, if it shall
demand it, to interest thereon at a rate of three per cent per annum in excess of
the minimum lending rate to prime commercial borrowers from time to time
current at the City's bank from the date upon which the same was due until actual
payment thereof.
(b) Remedies Cumulative
The City may from time to time resort to any or all of the rights and remedies available
to it in the event of any default hereunder by the Club, through improper compliance or
non-compliance with any obligation arising either under any provision of this Agreement
or under statute or the general law, all of which rights and remedies are intended to be
cumulative and not alternative, and the express provisions hereunder as to certain right
and remedies are not to be interpreted as excluding any other or additional rights and
remedies available to the City by statute or the general law.
(c) Right of Re -Entry on Default or Termination
If and whenever the rent hereby reserved or other monies payable by the Club or any
part thereof shall not be paid on the day appointed for payment thereof, whether lawfully
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demanded or not, and the Club shall have failed to pay such rent or other monies within
five (5) business days after the City shall have given to the Club notice requiring such
payment, or if the Club shall breach or fail to observe and perform any of the covenants,
agreements, provisos, conditions and other obligations on the part of the Club to be
kept, observed or performed hereunder, or if this Agreement shall have become
terminated pursuant to any provision hereof, or if the City shall have become entitled to
terminate this Agreement and shall have given notice terminating it pursuant to any
provision hereof, then and in every such case it shall be lawful for the City thereafter to
enter into and upon the Premises or any part thereof in the name of the whole and the
same to have again, repossess and enjoy as of its former estate, anything in this
Agreement contained to the contrary notwithstanding.
(d) Termination & Re -Entry
(i) If and whenever the City becomes entitled to re-enter upon the Premises under
any provision of this Agreement the City, in addition to all other rights and
remedies, shall have the right to terminate this Agreement forthwith by leaving
upon the Premises notice in writing of such termination.
(ii) This Agreement may be terminated by either party upon six month's notice to the
other in writing.
(iii) This Agreement may be terminated by the City upon ten day's notice to the Club
in writing in the event that the insurance required to be provided in section 11 of
this Agreement is not provided or is not kept in force.
(iv) In the event that this Agreement is terminated by the City pursuant to subsection
(i), (ii) or (iii) above, the City shall honour any bookings previously made by the
Club with non-commercial lessees or third parties for the use of the Premises
after the effective date of termination.
(e) Payment of Rent, etc. on Termination
Upon the giving by the City of a notice, in writing, terminating this Agreement, whether
pursuant to this or any other provision of this Agreement, this Agreement and the Term
shall terminate, rent and any other payments for which the Club is liable under this
Agreement shall be computed, apportioned and paid in full to the date of such
termination, and the Club shall immediately deliver up possession of the Premises to
the City, and the City may re-enter and take possession of the Premises.
15. Improper Use of Premises; Bankruptcy
In the event that the Premises are used, without the City's consent, for any purpose other than
that for which they were leased, or occupied by any persons whose occupancy is prohibited by
this Agreement, or if the Premises shall be vacated or abandoned, or remain unoccupied for
fifteen (15) days or more while capable of being occupied; or if the balance of the Term or any
of the goods and chattels of the Club shall at any time be seized in execution or attachment, or
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if the Club shall make any assignment for the benefit of creditors or any bulk sale, become
bankrupt or insolvent or take the benefit of any statute now or hereafter in force for bankrupt or
insolvent debtors, then in any such case the City may at its option terminate this Agreement by
leaving upon the Premises notice in writing of such termination and thereupon, in addition to
the payment by the Club of rent and other payments for which the Club is liable under this
Agreement, rent for the current month and the next ensuing 3 months shall immediately
become due and paid by the Club.
16. Miscellaneous Provisions
(a) Registration of Management Agreement
Neither the Club nor the City shall register this Agreement or a notice of this Agreement
against title to the Premises or any part thereof.
(b) Management Agreement Constitutes Entire Agreement
There are no covenants, representations, warranties, agreements or conditions express
or implied, collateral or otherwise forming part of or in any way affecting or relating to this
Agreement save as expressly set out in this Agreement; this Agreement constitutes the
entire agreement between the City and the Club and may not be modified except as
herein explicitly provided or except by agreement in writing executed by the City and the
Club.
(c) Notices
Any notice required or contemplated by any provision hereof shall be given in writing, and
(i)
if to the City, either delivered to the City Clerk personally or mailed by prepaid
registered mail addressed to The City Clerk, The Corporation of the City of
Pickering, Pickering Civic Complex, One The Esplanade, Pickering, Ontario L1V
6K7; and
(ii) if to the Club, delivered to The Claremont & District Lions Club, c/o the President
or Secretary, at 4941 Old Brock Rd, Claremont, ON L1Y 1A9
Every such notice shall be deemed to have been given when delivered or, if mailed as
aforesaid, upon the third day after the day it is mailed. Either party may from time to time
by notice in writing to the other, designate another address in Canada as the address to
which notices are to be mailed to it.
(d) Interpretation
All of the provisions of this Agreement are to be construed as covenants and
agreements as though words importing such covenants and agreements were used in
each separate provision hereof, and the titles and captions appearing for the provisions
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of this Agreement have been inserted as a matter of convenience and for reference only
and in no way define, limit or enlarge the scope or meaning of this Agreement or of any
provision hereof.
(e) Extent of Management Agreement Obligations
This Agreement and everything herein contained shall ensure to the benefit of and be
binding upon the respective heirs, executors, administrators and other legal
representatives, as the case may be, of each party hereto, and every reference herein
to any party hereto shall include the heirs, executors, administrators, and other legal
representatives of such party.
(f) Schedules
Schedules "A", "B" and "C" attached hereto form part of this Agreement.
In Witness Whereof the Parties hereto have executed this Agreement as of the date first written
above.
Signed, Sealed and Delivered
Claremont & District Lions Club
The Corporation of the City of Pickering
David Ryan, Mayor
Susan Cassel, City Clerk
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Schedule "A"
Sketch of Premises
SCHEDULE A
DR. NELSON F. TOMLINSON
COMMUNITY CENTRE
GROUND FLOOR PLAN
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PREMISES
Schedule "B"
The Corporation of the City of Pickering
Community Services Department
MUNICIPAL ALCOHOL POLICY
February 2020
Purpose
The purpose of this policy is to endeavor to ensure the appropriate management of the use
and consumption of alcoholic beverages in municipally owned facilities; to avoid related
problems and to ensure the safety and well being of all participants and to protect the
Corporation, its employees and volunteers.
1. Definitions
In this Policy, the term,
(a) "Licensed function" means a function for which a permit has been issued by, or is otherwise
licensed by, the Liquor License Board of Ontario at which alcoholic beverages may be
consumed;
(b) "Closed private licensed function" means a licensed function determined by the Director of
Community Services to be closed to the general public and of a private nature;
(c) "Designated facility" means a City owned building, park, open space and associated
parking lot designated by this policy as suitable for an indoor or outdoor licensed
function;
(d) "User" means a person, group or association to whom the City has granted written
permission to use a designated facility for a licensed function and;
(e) "Server" means any person serving alcohol
2. Designated Facilities
(1) The following are designated facilities for indoor licensed functions:
(a) Brougham Community Centre
(b) Dr. Nelson F. Tomlinson Community Centre
(c) Don Beer Sports Facility Community Centre
(d) East Shore Community Centre
(e) Green River Community Centre
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Greenwood Community Centre
Mount Zion Community Centre
Pickering Civic Complex
Chestnut Hill Developments Recreation Complex
Seniors Activity Centre
West Shore Community Centre
Whitevale Community Centre
George Ashe Community Centre
Pickering Museum Village
(2) The following are designated facilities for outdoor licensed functions:
(a) Dr. Nelson F. Tomlinson Community Park
(b) Dunmoore Park
(c) Kinsmen Park
(d) Pickering Museum Village
3. Alcohol Restrictions Within Designated Facilities
All designated facilities defined in this policy shall be deemed a "public place" and as such, in
accordance with Section 31 of the Liquor Licence Act, R.S.O. 1990, c.L. 19, no person shall
have or consume or sell liquor in any designated facility unless a licence or permit is issued or
unless specifically covered by an L.L.B.O. permit.
4. Safe Transportation
(1) Only those users implementing a safe transportation strategy (e.g., a designated driver
program, an alternate home transportation option) to prevent intoxicated participants
from driving will be permitted to use designated facilities for licensed functions.
(2) The Director may require a potential user to demonstrate that such a strategy will be
implemented by the user if written permission to use the designated facility for a
licensed function is granted.
5. No Alcohol and Low Alcohol Drinks
(1) Only users offering a sufficient quantity of no alcohol and low alcohol drinks will be
permitted to use designated facilities for licensed functions.
(2) The Director may require a potential user to demonstrate that such a strategy will be
implemented by the user if written permission to use the designated facility for a
licensed function is granted.
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6. "Statement of Intoxication" Sign
(1) Users of designated facilities for licensed functions shall display prominently in the facility a
sign or signs indicating that it is illegal to serve participants to a state of intoxication.
Such signs shall read as follows:
City of Pickering — Community Services Department.
Statement of Intoxication
It is contrary to the Liquor Licence Act of Ontario to serve persons to intoxication. For
this reason, servers in this facility are required to obey the law and not serve anyone to
intoxication. Should you wish a no alcohol or low alcohol "breather" round, request a
soft drink, coffee or smaller than usual portion of alcohol.
(2) Signs shall be provided by the City to users for display by them in the designated facility
during the licensed function.
7. Participant Controls
(1) Only users providing sufficient controls to prevent underage, intoxicated or rowdy persons
from entering the designated facility, to refuse service to such persons, and to remove
such persons from the designated facility will be permitted to use designated facilities
for licensed functions.
(2) Such controls shall include the following:
(a) Having a supervisor in charge of the licensed function present in the designated
facility at all times during the function.
(b) Having at least two monitors at each entrance to the licensed function at all times
during the function;
(c) Accepting only an age of majority card, a photo driver's license or a passport as
identification for entry;
(d) Having a monitor or monitors (other than entrance monitor) in the designated facility
at all times during the function at least one monitor for every 200 participants;
(e) Using monitors and servers who are 19 years of age or older;
(f) Using monitors and servers who do not consume alcohol during the function; and
(g) Providing a list of the names of supervisors, monitors and servers to the Director
prior to the function.
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(3) The Director may require a potential user to demonstrate that such controls will be imposed
by the user if written permission to use the designated facility for a licensed function is
granted.
8. Supervisor, Monitor, and Server Training
(1) Only users providing sufficient numbers of supervisors, monitors and servers that have
attended an appropriate training course in server intervention will be permitted to use
designated facilities for licensed functions.
(2) Such training should utilize CAMH course material, and may be provided, at a
reasonable cost, through the Community Services Department.
(3) The Director may require a potential user to demonstrate that sufficient numbers of
supervisors, monitors and servers that have attended such a course will be provided by
the user if written permission to use the designated facility for a licensed function is
granted
(4) Closed private licensed functions are exempt from this section of the policy; however,
users of designated facilities for closed private licensed functions shall be encouraged
to provide voluntarily properly trained supervisors, monitors and servers since such
users are not exempt from responsibility for compliance with the law and for the sobriety
and safety of participants.
(5)
All servers must be "Smart Serve Certified"
9. Insurance
(1) Liability Insurance is a mandatory requirement for all individuals/community user groups
utilizing city -owned or operated facilities within the City of Pickering. All programs,
meetings, recreational events, cultural and social events require liability insurance.
Users groups can provide personal proof of insurance, a minimum of $2 million
insurance, naming the City of Pickering as an additional insured, or purchase insurance
through the City of Pickering, Facility User Group Program. Rates for insurance
coverage will vary depending on risk factors, length of the activity, the number of
participants, among other factors at the event. Any changes in activities by the user
group must be reported to Facility Booking Staff for possible adjustments to the permit.
Insurance information must be received and paid in full before the permit start date.
Liability Insurance covers from the time and date reflected on the rental permit only. The
extra fee for the liability insurance will be added to the rental agreement with the
applicable taxes.
(2) When a patron requests a facility/ice rental, facility booking staff members will confirm the
event/function required on the permit. Facility staff will review the Liability Insurance
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User Group Rating Schedule to determine the appropriate fee to be charged to the
individual/community user group.
(3) Only users having a minimum of $2,000,000 third party general liability insurance coverage,
naming the Corporation of the City of Pickering as an additional insured, will be
permitted to use designated facilities for licensed functions.
10. Accountability
(1) Users of designated facilities for licensed functions shall display prominently in the facility a
sign or signs informing participants of the following:
(a) The name, address and telephone number of the user;
(b) The name, address and telephone number of the representative of the user
responsible for the function;
(c) The address and telephone number of the nearest Police Station;
(d) The address and telephone number of the Liquor License Board of Ontario; and
(e) The address and telephone number of the Community Services Department
(2) A user that contravenes any City policy or procedure or any applicable law may be refused
permission to use designated facilities for licensed functions, at the Director's discretion;
Indefinitely, or
(a) Until the user can demonstrate to the Director's satisfaction
that a further contravention shall not occur.
11. Promoting the Policy
The Community Services Department shall design and implement, in consultation with CAMH,
a strategy to orient all potential users to the requirements of this policy and to promote this
policy to the community at large.
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Schedule "C"
Facility Rules and Regulations
Failure to comply with the below will result in loss of damage deposits
A. All Facilities
• no confetti/rice is allowed in City facilities or parking lots
• facilities must be vacated by 2:00 am, ensuring that all decorations and function supplies have
been removed
• smoking of any type of tobacco product is not permitted in any City facility. All City facilities
are designated non-smoking (Durham Region By-law No. 66-2002)
• the City of Pickering cannot supply ladders or lift equipment to any permit holder. If this
service is required it must be arranged with and approved by the City of Pickering one week
prior to the event
• caterers, bartenders, disc jockeys, entertainers, liquor licenses, etc., are the renter's
responsibility
• keys for West Shore Community Centre may be obtained at the Chestnut Hill Developments
Recreation Complex during regular operating hours. Please call 905.831.1711 for hours
• liquor license must be visible on the bar wall at all times during the function
• unnecessary noise, which disturbs the peace, quiet, or comfort of any person in any type of
residence, place of business, etc., in proximity to the facility is not permitted
• daytime rental keys must be returned immediately following the function to the Recreation
Complex
• evening rentals (those finishing after 9:00 pm) must be returned before 12:00 pm the following
day to the Recreation Complex
• decorating is the sole responsibility of the renter. Staples, tape, nails, glue, etc., are not
permitted. Helium balloons are permitted, provided they are securely anchored
• as per liquor regulations all bars must close at 1:00 am sharp
• set-up times for your event is as per your permit
B. West Shore Community Centre
• garbage must be placed in the garbage bin at the back of the building
• renters are responsible for their own set-up
• tables and chairs must be put neatly away in the storage room
• no live bands are permitted
• renters must supply their own mix
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C. George Ashe Community Centre
• the piano is the property of the Rouge Hill Senior Club. Please do not play
• renters must supply their own mix and ice
• City of Pickering staff will set-up the tables and chairs provided a diagram of the layout is
submitted on the Monday preceding the function. You may obtain the diagram at the
Recreation Complex Information Desk
• Staples, tape, nails, glue, etc., are not permitted
D. Don Beer Arena
• renters are responsible for their own set-up
• tables and chairs must be put neatly away in the storage room
• renters must supply their own mix and ice
E. Chestnut Hill Developments Recreation Complex East/West Salons and O'Brien Meeting
Rooms
• Recreation Complex Staff will set-up the tables and chairs provided a diagram of the layout is
submitted on the Monday preceding the function
• you may obtain the diagram at the Recreation Complex Information Desk
F. East Shore Community Centre
• renters are responsible for their own set-up
• tables and chairs must be neatly away in the storage room
• renters must supply their own mix and ice
For complete regulations, please see Conditions of Agreement.
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