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HomeMy WebLinkAboutCS 26-20Cf� ei? DICKERING Report to Executive Committee Report Number: CS 26-20 Date: June 15, 2020 From: Marisa Carpino Director, Community Services & Deputy CAO Subject: Whitevale District Residents' Association - Whitevale Arts & Cultural Centre Lease Agreement - File: A-1440 Recommendation: 1. That the Mayor and City Clerk be authorized to execute the Lease Agreement with Whitevale District Residents' Association set out in Attachment 1 to this report, subject to minor revisions as may be required by the Director, Community Services & Deputy CAO and the Director, Corporate Services & City Solicitor; and, 2. That the appropriate City officials be authorized to take the necessary actions as indicated in this report. Executive Summary: The City of Pickering has a Lease Agreement with the Whitevale & District Residents Association (WDRA) to operate the Whitevale Arts & Cultural Centre (WACC) for a period of August 1, 2015 to July 31, 2020, through Report CR 16-15 at the Executive Committee meeting of July 6, 2015. As per the terms of this lease agreement, WDRA is responsible to operate the premises in order to provide public arts and cultural services, events and activities. Since that time, WDRA has been operated to the satisfaction of the City. As such, the Community Services Department recommends that the Lease Agreement set out in Attachment 1 of this report be initiated for a five year term beginning August 1, 2020 and ending July 31, 2025. Financial Implications: The City of Pickering's annual general maintenance and operating costs for the Whitevale Arts & Cultural Centre is approximately $6,823.00 to include: Hydro $1,523.00 Water Testing & Supplies $1,600.00 Septic Maintenance $1,100.00 Pest Control $ 500.00 General Maintenance $1,500.00 Contingency $ 600.00 Total $6,823.00 CS 26-20 June 15, 2020 Subject: Whitevale Arts & Cultural Centre Lease Agreement Page 2 Please note that these costs exclude facility cleaning and leasehold improvements which would be the responsibility of the Whitevale & District Resident's Association. Discussion: As per Council Resolution #65/15, staff have been authorized to prepare a Lease Agreement to which Whitevale & District Residents' Association (WDRA) will be permitted to repurpose the former Whitevale Library (located at 475 Whitevale Road) into the Whitevale Arts & Cultural Centre (WACC) to operate various arts and cultural community programs, to be brought back to Council for consideration and approval. As such, Council received and approved the Lease Agreement for WDRA to operate the WACC, through report CR 16-15 at the Executive Committee Meeting dated July 6, 2015. Since 2015, WDRA offers a number of public arts and cultural events, activities and events at WACC for people of all ages. The facility has been operated in a manner that satisfies the City. As such, the Community Services Department recommends that the Lease Agreement set out in Attachment 1 of this report be initiated for a five year term beginning August 1, 2020 and ending July 31, 2025. Attachments: 1. Whitevale District Residents' Association Lease Agreement Prepared/Approved/Endorsed By: Marisa Carpino Director, Community Services & Deputy CAO MC:as Recommended for the consideration of Pickerina City Council Tony Prevedel, P.Eng. Chief Administrative Officer CORP0227-07/01 revised Lease Agreement This Lease is made as of the 1St day of August, 2020. Between: Attachment #1 to Report CS 26-20 The Corporation of the City of Pickering (the "City") - and - Whitevale & District Residents' Association (the "Association") Article I Interpretation Definitions 1. In this Lease, (a) "Commencement Date" means August 1, 2020; (b) "Lease" means this lease as it may be amended from time to time; (c) "Premises" means the entire facility known as Whitevale Library located at 475 Whitevale Road, in the City of Pickering, Regional Municipality of Durham; (d) "Rent" means the rent payable pursuant to Section 24; and (e) "Term" means the term of this Lease as set out in Section 19. 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 Schedule 3. Schedule "A" (City's Alcohol Management Policy) and Schedule "B" (City's Conditions of Agreement) are incorporated into and form part of this Lease. Severability 4. All of the provisions of this Lease are to be construed 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 5. 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 6. This Lease shall be governed by, and interpreted and enforced in accordance with, the laws in force in the Province of Ontario and the laws of Canada applicable therein. Entire Agreement 7. 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 8. In consideration of the performance by the Association of its obligations under this Lease, the City leases the Premises to the Association for its use during the Term. Association's Use of Premises 9. The Premises shall be used only for functions by not-for-profit organizations, other organizations pre -approved in writing by the City, charity events, non- commercial receptions, display space for artists and workshop space for artists 3 and educational and cultural programs, and for no other purpose without the prior written consent of the City which consent may be arbitrarily withheld. 10. The Association's use of the Premises shall be in accordance with the City's Alcohol Management Policy (Schedule "A") and Conditions of Agreement (Schedule "B"). 11. The Association is only permitted to use the Premises when the Premises is open to the public. The Association is required to use the Premises within the same operating hours as the Premises' operating schedules, which schedules shall be determined solely by the City from time to time. The City reserves the right, in its sole discretion, to alter the operating schedules and the City will not be responsible for any losses or damages including any lost revenues and/or expenses incurred by the Association due to operating schedule changes and/or Premises closures, for any reason whatsoever. Nuisance 12. The 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. City's Use of Premises 13. The City shall have first right of refusal to use the Premises. The Association shall not be entitled to any rental fees or other remuneration associated with the use of the Premises by the City. Assignment and Subletting 14. Subject to Section 15, the Association shall not assign this Lease or sublet all or any portion of the Premises without the prior written consent of the City, which consent may be arbitrarily withheld. Licences 15. The Association may grant licences to licensees approved in writing by the City to use the Premises provided, (a) the term of the licence does not exceed one (1) month; (b) the licensee agrees to comply with Sections 9 and 10 of this Lease; and (c) the Association agrees that it shall only charge fees for the rental of the Premises at rates approved from time to time by the City. 4 16. The Association shall retain 100% of all licence fees recovered for the use of the Premises. 17. The Association shall submit a written report to the City every four months documenting the source and amount of all licence fees received by the Association for the Premises. 18. The Association shall submit their annual financial statement to the City by February 15th of each year of the Term. Article III Term Term 19. The term of this Lease shall be five (5) years commencing on the Commencement Date and expiring on July 31, 2025. 20. Notwithstanding anything else contained herein, this Lease may be terminated by either party for any reason upon six month's notice to the other in writing. 21. Upon the expiry or earlier termination of this Lease, the Association shall surrender to the City possession of the Premises and all the rights of the Association under this Lease shall terminate (but the Association shall, notwithstanding such expiry or termination, as the case may be, be liable to the City for any loss or damage suffered by the City by reason of any default of the Association of its obligations hereunder). 22. If the City shall declare this Lease to be terminated pursuant to Section 21, the City will not be liable to the Association for any damage or loss occasioned thereby. Overholding 23. If the 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 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. 5 Article IV Rent Rent 24. The Association shall pay to the City as rent for the entire Term in lawful money of Canada the sum of One (1) Dollar ($1.00). Gross Lease 25. 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 26. Subject to the obligations of the City pursuant to Sections 32 and 33, the Association shall maintain and operate the Premises so the Premises shall always be of good appearance and in a condition suitable for proper operation of the Premises. 27. The Association shall provide general maintenance services to the Premises at its expense and shall provide all necessary cleaning and maintenance supplies such as cleaning products, related paper products and cleaning equipment. 28. In accordance with the Occupational Health and Safety Act and the WHMIS Regulation R.R.O. 1990, Reg 860, as amended by O. Reg 36/93, or its successors, the Association shall be responsible to maintain a binder containing safety data sheets for all hazardous products stored or used on the Premises. The said binder must be kept current at all times and be available for reference by users of said products. 29. The Association shall be responsible to provide the City with: (a) WHMIS training certification of individuals working with cleaning products and/or hazardous materials on the Premises and of Association members working alone or overseeing any maintenance tasks performed on the Premises; and (b) Completed Ministry of Labour Health & Safety Awareness Training for Supervisors for those same individuals. 6 30. The Association shall be responsible for all day-to-day operating expenses, including, but not limited to, telephone fees and garbage removal. The Association shall not be responsible for utilities. 31. The Association shall be responsible for snow removal on all sidewalks, walkways and all other areas of pedestrian passage on the Premises. 32. (1) Subject to subsection (2), the City shall be responsible for all inspections, preventative maintenance, and replacement at its sole discretion, with respect to: (a) HVAC equipment; (b) electrical systems (including lighting); (c) water supply, treatment and septic systems; (d) plumbing system and fixtures; (e) roofs; (f) exterior cladding; (g) doors and hardware; (h) parking lots; and (i) lawn care, landscaping and pest control. (2) The Association shall be responsible for any damages or costs incurred due to the misuse or negligence of the Association, its employees, invitees, servants, agents, or others under its control and the 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. 33. The Association shall immediately notify the City of any unsafe conditions on the Premises. Security 34. The Association shall be responsible for the security of the Premises. The Association will ensure that no copies of the keys to the Premises are made or given to third parties (even temporarily) without the prior written consent of the City. Only Association representatives that have signed for keys with the City or parties granted written consent by the City, will be authorized to be in possession of keys to the Premises. 35. Any keys provided to the Association, or its licensees, must be returned to the City immediately upon request. Alterations/Improvements to Premises 36. The Association shall only be permitted to make alterations and improvements to the Premises that have been approved by the City. 7 Article VI Insurance and Indemnity: Association's Insurance 37. The Association, at its sole cost and expense, shall take out and keep in full force and effect throughout the Term, (a) insurance upon property owned by it which is located on the Premises; and (b) commercial general liability insurance pertaining to the Association's liability to others in respect of injury, death or damage to property occurring upon, in or about the Premises, such insurance to be of 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. 38. Prior to the Commencement Date, the 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. 39. The provision of the insurance policy required by this Section shall not relieve the Association from liability for claims not covered by the policy or which exceed its limits, if any, for which the Association may be held responsible. 40. The Association is responsible for insuring all of their equipment, contents, and leasehold improvements including all contents, artifacts and artwork that is owned by any other party that is on display at the Premises or within the Association's possession. Insurance Risks 41. The 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 Association on the Premises causes or results in any increase in premiums for any of the City's insurance policies, the Association shall pay such increase to the City. 8 Limitation of City's Liability 42. The City shall not be liable for any bodily injury or death of any person, or loss or damage to any property belonging to the Association or its employees, invitees or licensees or its guests, or to any other person in, on or about the Premises, unless caused by the wilful misconduct or gross negligence of the City or those for whom the City is at law responsible. Indemnification 43. The Association shall indemnify and save harmless the City, its directors, officers, employees, elected officials, agents, contractors and representatives from and against any and all actions, losses, damages, claims, costs and expenses (including, without limiting the generality of the foregoing, all claims for personal injury, death and/or property damage) and also damages arising from any breach of this Lease by the Association or from any act or omission of the Association or those for whom the Association is at law responsible in or around the Premises arising from the Association's use and occupation of the Premises pursuant to this Lease. The City shall not be liable for any loss or damage to any property belonging to the Association or to any other persons or for any injury to any person while such person or property is on the Premises, unless such loss, damage or injury is caused directly by wilful misconduct or the negligence of the City, or those for whom the City is at law responsible. This provision shall survive the expiration or earlier termination of this Lease. Article VII Remedies on Default City's Right to Re -Enter 44. If any amount payable to the City under this Lease shall remain unpaid for fifteen (15) days after the 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 45. In addition to all other remedies the City may have under this Lease and in law, if the 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 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 Association shall be responsible for all such reasonable costs. 9 Waiver 46. No condoning, excusing or overlooking by the City of any default, breach or non -observance by the 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 Association save only an express waiver in writing. Article VIII Miscellaneous Quiet Enjoyment 47. The City shall permit the Association to peaceably possess and enjoy the Premises during the Term without any interference from the City, or any person lawfully claiming by, from or under the City provided the Association is not in default. Right of Entry 48. The Association agrees to permit the City and authorized representatives of the City to enter the Premises at any time for the purpose of inspecting the Premises. The City shall use its best efforts to minimize the disruption to the Association's use of the Premises during any such entry. Signs 49. The Association may only erect signs on the Premises with the City's prior written approval. All such signs shall be removed from the Premises at the end of the Term. Compliance with Laws 50. The 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 Association or the making of any improvements to the Premises by the Association. 10 Notice 51. Any notice required to be given by the City to the Association under this Lease shall be in writing and shall be delivered to the Premises or such other address of which the 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. 52. Any notice required to be given by the 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, L1V 6K7 (Attention: City Clerk) or such other address of which the City has notified the Association in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. Successors and Assigns 53. 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. Title 54. The Association hereby agrees to keep title to the Premises, including every part thereof, free and clear of any lien, encumbrance or security interest or notice thereof. The Association shall not enter into any agreements for the Premises which would run with the Premises and become an obligation of the City upon termination or expiration of this Lease. Force Majeure 55. The City shall not be liable for any damages caused by any delay or failure to perform the whole or any part of this Lease, where such performance is made impossible or impractical due to any cause direct or indirect, beyond the control of the City, including, but not limited to, labour disruptions, strikes, lockouts, fire, flood, storms, acts of nature, natural disasters, acts of war, insurrection and terrorism, outbreak, pandemic, epidemic, disease or emergency. Registration 56. The Association shall not have the right to register this Lease or notice thereof against title to the Premises or any part thereof. In Witness Whereof the parties have executed this Lease as of the date first written above. 11 The Corporation of the City of Pickering Kevin Ashe, Deputy Mayor Susan Cassel, City Clerk Whitevale & District Residents' Association Julia Schembri, President I have authority to bind the Corporation. Schedule "A" City's Alcohol Management Policy 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 (f) Greenwood Community Centre (g) Mount Zion Community Centre (h) 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. 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: 2 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: (3) (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. 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. 3 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. Such training should utilize CAMH course material, and may be provided, at a reasonable cost, through the Community Services Department. 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 User Group Rating Schedule to determine the appropriate fee to be charged to the individual/community user group. 4 (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. 5 Schedule "B" City's Conditions of Agreement GGg �/, DICKERING Facility Rental Application Conditions of Agreement 1) The City reserves the right to cancel any permit temporarily or permanently, should accommodation be required for special events, or in an emergency. 2) 50% of payment is due at time of booking. This is a non-refundable deposit. The remaining 50% is due in full, 90 days prior to the permit date of the event. 3) Applicants must be members of authority in the organization seeking accommodation. Permit holders must be on site for the duration of the rental. 4) The facility is to be used only on the date(s) and time(s) specified, and only for the purpose named. No teen dances/parties, stags or stagettes are permitted in our halls. This permit is not transferrable. 5) The City will not be responsible for personal injury or damage or for the loss or theft of clothing or equipment of the applicants, or anyone attending on the invitation of the applicant or any persons contracted by the applicant. 6) The applicant shall be responsible for the conduct and supervision of all persons admitted to the building(s) and grounds and shall see that all regulations contained herein are strictly observed. 7) 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 shall not be permitted. 8) The exits must be kept free from obstruction in case of fire. a) The applicant must pay all damages arising from the use of the property. b) A damage/security deposit will be charged for all rentals, to be refunded at a later date, if no damage, excessive maintenance costs are incurred as a result of the facility rental. c) The applicant must pay such fees for extra work by custodians, etc., as the City may determine. 9) Games of chance, lottery, or gambling in any forms, contrary to law is strictly forbidden. 10) It shall be the responsibility of the applicant to see that all persons admitted to the function being held, have vacated the premises promptly by 2:00 am. 11) If liquor of any type is to be served, sold or available at the function, the applicant must obtain all necessary permits and licenses and must adhere to the City of Pickering `Alcohol Management Policy'. A copy of the liquor license must be posted on the wall during the function. 12) The City of Pickering requires every event have a minimum of $2,000,000 third party general liability insurance coverage. This insurance must be purchased as part of the rental process. 13) For all special occasion permits, only monitors and servers that possess a server intervention program certificate will be permitted to use the designated facility. Information is available at www.smartserve.org. 14) The licensor reserves the right to provide security personnel or Pay -Duty Police at the expense of the licensee, should the Manager, Facility Programs and Administration deem it necessary. 15) Hall cancellations are subject to a $40.00 administration fee. Gly DICKERING Facility Rental Application 16) All cancellations must be received in writing ninety days prior to the function, or the entire rental fee will be forfeited. 17) All rental rates are subject to increase. Post-dated cheques will not be accepted. 18) This contract is not valid unless it is signed and dated by the person renting the facility and returned as soon as possible to the Facility Booking Clerk. 19) Recreation Complex Staff will set-up the tables and chairs `provided' a diagram of the layout is submitted one week preceding the function. You may obtain the diagrams at the Complex Information Desk. Any materials/articles dropped off prior to the function, or left after the function, must have prior approval from the Maintenance Department or designate. 20) If Complex Banquet Halls are rented, please use the outside entrance to Banquet Hall, do not use main Complex doors. Personal information contained on this form is collected pursuant to the Municipal Freedom of Information and Protection of Privacy Act and will be used for the purpose of administering facility rentals. Questions about this collection should be directed to the City Clerk, One the Esplanade, Pickering, ON L1V 6K7, 905.420.4611. HST applies to this Rental — Registration No. 108078593 Gly 4 DICKERING Facility Rental Application 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 Gly DICKERING Facility Rental Application 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.