HomeMy WebLinkAboutCS 14-25Report to
Executive Committee
Report Number: CS 14-25
Date: June 9, 2025
From: Laura Gibbs
Director, Community Services
Subject: Whitevale & District Residents’ Association Licence Agreement Renewal
File: A-1440-001
Recommendation:
1. That the Mayor and City Clerk be authorized to execute the Licence Agreement for a five
year term commencing July 1, 2025 and ending June 30, 2030 with Whitevale & District
Residents’ Association for the operation of the Whitevale Arts & Culture Centre and the
Whitevale Community Centre including the Mary Christian House, set out in Attachment 1
to this report, subject to minor revisions as may be required by the Director, Community
Services and the Director, Corporate Services & City Solicitor; and
2. That the appropriate City officials be authorized to take necessary actions as indicated in
this report.
Executive Summary: The City of Pickering, through Resolution #350/20 has a five-year
Lease Agreement with the Whitevale & District Residents’ Association (WDRA) to operate the
Whitevale Arts & Cultur e Centre (WACC) located at 475 Whitevale Rd., which is set to expire
on July 31, 2025. Additionally, The City of Pickering, through Resolution #350/20, has a five-
year Lease Agreement with the WDRA to operate the Whitevale Community Centre (WCC),
located at 405 Whitevale Rd., which is set to expire on June 30, 2025. The WDRA is
responsible to manage and operate these municipally owned facilities which includes
permitting, security, caretaking, and cleaning, and the delivery of community -based programs,
events, and arts and cultural services.
Report CS 07-25 regarding Northern Community Halls provided a summary of the condition of
the WACC and the WCC. The two properties include three heritage buildings, all of which are
identified in the Whitevale Heritage Conservation District. The report recommended a five-year
licence agreement renewal based on the active community -based programming currently
taking place at both the WCC and WACC .
Staff met with the WDRA in person to discuss the licence agreement on January 17, 2025.
Following that meeting, the WDRA received a copy of the updated licence agreement. The
WDRA Board received input from board members and submitted questions and minor
revisions to staff. The minor changes that were requested from the WDRA have been reflected
the updated agreement (Attachment 1).
WDRA has operated both facilities to the satisfaction of the City. As such, staff recommend the
Licence Agreement set out in Attachment 1 of this report be renewed for a five-year term,
CS 14-25 June 9, 2025
Subject: Whitevale & District Residents’ Association Licence Agreement Renewal Page 2
beginning July 1, 2025 and ending June 30, 2030 for both premises. Since the facilities have
been successfully managed by the WDRA, staff are recommending that the two existing
licenc e agreements be merged into one Agreement moving forward. The merger of the two
licenc e agreements into one new agreement is supported by the WDRA.
Relationship to the Pickering Strategic Plan: The recommendations in this report
respond to the Pickering Strategic Plan Priority of Strengthen Existing & Build New
Partnerships.
Financial Implications: Through the Facility Renewal Study, the City of Pickering has
identified that the WCC , comprised of two buildings, has a deferred maintenance of cost of
$726,150. The City will undertake a portion of these required repairs during the term of this
licence agreement. The WACC is in good condition with deferred maintenance costs of
$45,583.00.
The City of Pickering’s annual general maintenance and operating costs for both the WACC
and the WCC are approximately $29,600.00 which includes:
Item: WACC WCC
Septic System $ 2,000.00 $ 2,000.00
UV System PM Service $ 1,200.00 $ 1,200.00
Hydro $ 1,500.00 $ 3,000.00
Building Repairs & Maintenance $ 5,000.00 $ 5,000.00
Pest Control Services $ 600.00 $ 600.00
Winter Control $ 2,000.00 $ 4,500.00
ESA Inspection $ 500.00 $ 500.00
Total $ 12,800.00 $ 16,800.00 Total: $ 29,600.00
The WDRA’s Reported Financial Summary
Year Revenue Earned Annual Expenses Cash balance,
end of year
2021 $ 750.00 $ 4,149.21 $ 23,443.23
2022 $ 3,770.00 $ 7,299.56 $ 16,785.85
2023 $ 7,739.00 $ 9,743.13 $ 13,909,54
2024 $ 11,316.81 $ 11,535.95 $ 13,811.18
All revenues generated from the operation of the WCC and WACC are retained by the WDRA.
CS 14-25 June 9, 2025
Subject: Whitevale & District Residents’ Association Licence Agreement Renewal Page 3
Discussion: The purpose of this report is to seek approval for the renew al of the Licenc e
Agreement with the Whitevale & District Residents’ Association, for use of the WACC (located
at 475 Whitevale Road) to operate various arts and cultural community programs and events,
and the WCC (located at 405 Whitevale Road) to offer various programs and events in the
community for residents of all ages and the Mary Christian House which is used for storage.
1. Use of the WCC and WACC
The WCC is actively used by the community and the WDRA organizes and hosts several
events annually including:
• Hogs and Quiches New Year Levee (January )
• Winter Blah’s Festival (February )
• Spring Festival (May)
• Corn Roast in partnership with the Church (September)
• Christmas Craft Show (Dec ember)
In addition to many successful events, the WDRA also administrates facility rentals that
includes Maplevale (local maple syrup production), community forums/meetings, as well as a
variety of private functions (birthdays, anniversaries, memorials, bible studies). In 2024, a total
of 47 private uses were booked at the Community Centre.
The WACC also offers a number of arts-based initiatives throughout the year including:
• Easter Egg Hunt (April)
• Earth Day clean-up (April)
• Changing art and culture exhibitions
• Art Shows and Artist Talks (4 times/year)
• Poetry Readings (June)
• Book Club (spring/f all)
• Bird Walks (spring)
• Stitching Club (spring/summer)
• French Club (summer)
• Ukulele program for beginners (summer)
• Pumpkin Carving (October)
The WDRA promotes their programs and services through the circulation of a newsletter
mailed to all Whitevale residents. The WDRA promotes activities and programs through signs
and posters that are displayed widely in the community. For larger community events, these
are advertised through their local Facebook page and as well on the City of Pickering events
calendar.
2. Condition of the WCC and WACC
The WCC, located at 405 Whitevale Road is located on a 1.59 hectare community park that
contains two heritage structures, the Miller House (c. 1825-35) and the Mary Christian House
(c . 1860). The Miller House is the structure that is primarily used for public use and the Mary
CS 14-25 June 9, 2025
Subject: Whitevale & District Residents’ Association Licence Agreement Renewal Page 4
Christian House is used for storage. There are some significant structural, building repairs, and
facility upgrades that have been identified for the Community Centre buildings. Through the
Facility Renewal Study, the City of Pickering has identified that the WCC has a deferred
maintenance of cost of $726,150. The City will undertake a portion of these required repairs
during the term of this licence agreement. The City has completed repairs to the WACC over
the past two years and the building is currently in good condition.
3. Changes made to the Licence Agreement
The City has merged the two former licence agreements for each facility into one combined
licence agreement. The language used throughout the agreement was updated to be
consistent with the City’s active licence agreements, or to provide clarity in language used. The
following notable changes and updates have been made to the agreement:
i. The term of the agreement was updated to a five-year term, beginning July 1, 2025
and ending June 30, 2030.
ii. Premises has been updated to clarify that this licence agreement refers the entire
facility known as WCC, located at 405 Whitevale Road, including the Miller House and
the Mary Christian House, and the facility known as the WACC located at 475
Whitevale Road.
iii. Grant, Section 8, has been updated to a non-exclusive licence agreement for use of
the premises.
iv. Association’s Use of Premises, Section 9, has been updated to include that the
Association shall host at least one Community Event plus four to six Community
Programs annually.
v. Association’s Use of Premises, Section 10, has been removed and covered in Section
3.
vi. Term, Section 20; the notice period to terminate this agreement by either party has
been reduced from six to three months.
vii. Overholding, Section 24, has been removed. Overholding extends the licence
agreement on a month-to-month basis if it is not extended through a new agreement.
The removal of this clause allows staff to assess the use of the facilities along with the
condition of the facilities near the end of the term to make a recommendation to
Council for ongoing or future use of the facilities.
viii. Alterations, Section 33, has been updated to clarify that any alterations or additions
made to the Premises shall be at the sole cost and expense of the WDRA and shall be
added to the City’s inventory of fixtures, and shall form part of the City’s property. Any
alteration or addition must receive prior written consent from the Director, Community
Services. The City remains responsible for all inspections, prev entative maintenance,
CS 14-25 June 9, 2025
Subject: Whitevale & District Residents’ Association Licence Agreement Renewal Page 5
and replacement at its sole discretion, as outlined in Maintenance of Premises, Section
29.
ix.Insurance, Section 34 (b), required commercial general liability insurance has been
increased from $2 million to $5 million, as is standard in current licence agreements.
x.Insurance Risks, Section 38, was added to the licence agreement. The Association
shall not do anything that is not permitted by the City’s insurance policy, or which would
prevent the City from procuring a policy with companies acceptable to the City. If the
conduct of the Association results in an increase in premiums for the City’s insurance
policies, the Association shall pay such increase to the City.
xi.R ight of Entry, Section 48, was deleted and updated in Section 41. Section 48 was
deleted as the City reserves the right to enter the premises at any time for any reason
without notice.
xii.The municipal alcohol policy was replaced in the appendix with the most recent
version.
A five-year licence agreement is recommended to permit the WDRA to continue to operate the
WCC and the WACC.
Attachments:
1.Whitevale & District Residents’ Association Licence Agreement, with track changes
2.Whitevale & District Residents' Association Licence Agreement, final version
Prepared By: Approved/Endorsed By:
Original Signed By Original Signed By
Marilou Murray Laura Gibbs, MBA, MSc.
Manager, Community Services Administration & Director, Community Services
Strategic Initiatives
Original Signed By
Kim Bradley
Special Advisor, Community Initiatives
LG :kb
CS 14-25 June 9, 2025
Subject: Whitevale & District Residents’ Association Licence Agreement Renewal Page 6
Recommended for the consideration
of Pickering City Council
Original Signed By
Marisa Carpino, M.A.
Chief Administrative Officer
Lease Licence Agreement
This Lease Licence Agreement is made as of the 1st day of July, 20250.
Between:
The Corporation of the City of Pickering
(the "City")
- and -
Whitevale & District Residents’ Association
(the "Association")
Article I
Interpretation
Definitions
1.In this AgreementLease,
(a)"Commencement Date" means July 1, 20250;
(b)"Lease" means this lease as it may be amended from time to time;
(c)(b) "Premises" means the entire facility known as Whitevale Community
Centre including the Mary Christian House, located at 405 Whitevale Rd,
Whitevale, ON L1X0H 1M00J9, excluding the parking lot, playing field and
children’s play area bounded by Whitevale Rd. north, park driveway to the
west, parking lot to the south and park perimeter bordering the river to the
east, and the entire facility known as the Whitevale Arts & Culture Centre
located at 475 Whitevale Rd., Whitevale ON L1X 0J0 in the City of
Pickering, Regional Municipality of Durham;
(d)(c) "Licence FeeRent" means the rent fee(s)payable pursuant to Section
234; and
(e)(d) "Term" means the term of this Lease Licence Agreement as set out in
Section 189.
Attachment 1 to Report CS 14-25
2
Headings
2. The division of this Lease Agreement 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 LeaseAgreement.
Schedule
3. Schedule “A” (City’s Municipal Alcohol Management Policy) and Schedule “B”
(City’s Conditions of Agreement) are incorporated into and form part of this
LeaseAgreement.
Severability
4. All of the provisions of this Lease Agreement 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 the rest of this Lease Agreement and the remaining
provisions of this Lease Agreement shall remain in force.
Number
5. Wherever a word importing the singular number only is used in this
LeaseAgreement, 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 Agreement 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 Agreement constitutes the entire Aagreement between the parties
concerning the Premises and may only be amended or supplemented by an
agreement in writing signed by both parties.
3
Article II
Grant and Use
Grant
8. In consideration of the performance by the Association of its obligations under
this LeaseAgreement, the City leases the Premisesis granting a non-exclusive
licence to the Association for its use during the Termto use the Premises for the
purposes described herein.
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 and for no other purpose without the prior written consent
of the City which consent may be arbitrarily withheld. The premises shall not be
used for the delivery of programs, services, activities, or events which are directly
or indirectly in competition with those offered by the City of Pickering.
9. The Association shall host at least one “Community Event” and at least four
“Community Programs” annually.
10. Pursuant to Section 9, the Premises shall not be used for the delivery of
programs, services, activities or events which are in direct competition with those
offered by the City of Pickering.
11. 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”).
12.10.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 solelyapproved 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
13.11.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.
Formatted: Indent: Left: 0.3", No bullets or numbering
Formatted: Indent: Left: -0.5"
4
City Use of Premises Takes Priority
14.12.The City shall always have the first right to use the Premises for its own purposes
as required and, in such instances, shall give the Association reasonable notice
of its intention to use the premises to minimize any scheduling conflicts. The
City’s needs shall take priority. 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. The City shall ensure the premises are cleaned
after such use should it occur. The City shall provide cleaning services to the
common areas of the Community Centre at 405 Whitevale Road once per week
exclusively when City of Pickering Camps operate on the premises. The common
areas apply to the main hall and the washroom facilities located on the first /
main floor.
Assignment and Subletting
15.13. TSubject to Section 15, the Association shall not assign this Lease assign this
Licence or sublet all or any portion of the Premises without the prior written
consent of the City, which consent may be arbitrarily withheld.
Licences
16.14.The Association may grant licences permits to licensees other third parties to use
the premises if approved in writing by the City to use the Premises and provided
that,
(a)the term of the licence permit does not exceed one (1) month;.
(b) the licensee permit holder agrees to comply with Sections 9, andand 10,
of this LeaseAgreement; and
(c) the Association agrees that it shall only charge such Permit Ffees for the
rental of the Premises at the rate that is approved by the City from time to
time. The City and the Association shall establish the approved Permit
Frental fee rate yearly throughout the Term.
17.15.The Association shall retain 100% of all licence permit fees recovered for the use
of the Premises.
18.16.The Association shall submit a written report to the City every four months
documenting the source and amount of all licence permit ffees received by the
Association for the Premises.
19.17.The Association shall submit their annual financial statement to the City by
February 15th of each year of the Term.
5
Article III
Term
Term
20.18.The term of this Lease Licence Agreement shall be five (5) years commencing on
the Commencement Date and expiring on June 30, 203025.
21.19.Notwithstanding anything else contained herein, this Lease Agreement may be
terminated by either party for any reason upon six three month’s noticemonths’
notice to the other in writing.
22.20.Upon the expiry or earlier termination of this LeaseAgreement, the Association
shall surrender to the City possession of the Premises and all the rights of the
Association under this Lease Agreement 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).
23.21.If the City shall declare this Lease to beterminates this Agreement terminated
pursuant to Section 1921, the CitycCity will not be liable to the Association for
any damage or loss occasioned thereby.
Overholding
24. 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.
Article IV
RentLicence Fee
Rent
25.22.The Association shall pay to the City as rent a Licence Fee for the entire Term in
lawful money of Canada the sum of One (1) Dollar ($1.00).
Gross Lease
26. 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.
Formatted: Normal, Keep with next, Tab stops: 3.25",
Centered
6
Article V
Maintenance, Repairs and Alterations
Maintenance of Premises
27.23.Subject to the obligations of the City pursuant to Sections 2932 and 3031, the
Association shall maintain and operate the Premises so the Premises shall
always be of good appearance and in a condition suitable for the proper
operation of the Premises.
28.24.The Association shall provide general maintenance services (cleaning,
minor/cosmetic upgrades/supplies, outside gardens/flower beds, etc.) 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.
29.25.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 maintainfor maintaining 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 timesalways kept
current and available for reference by users of said products.
30.26.The Association shall be responsible to providefor providing 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.
31.27.The Association shall be responsible for all day-to-day operating expenses,
including, but not limited to, garbage removal from the facility. The Association
shall not be responsible for utilities.
32.28.28. The City shall provide snow removal services for the driveway and parking lot
at 405 Whitevale Rd. and the forecourt area at 475 Whitevale Rd.. The
Association shall be responsible for snow removal on all sidewalks, walkways
and all other areas of pedestrian passage on the Premises.The City shall provide
cleaning services to the common areas of the Community Centre once per week
exclusively when City of Pickering Camps operate on the premises. The common
areas apply to the main hall and the washroom facility located on the first floor.
Formatted: Indent: Left: 1", Tab stops: -1", Left
Formatted: Indent: Left: -0.7", Hanging: 0.5"
7
29. (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)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
HVAC equipment.;
electrical systems (including lighting).;
water supply, treatment and septic systems.;
plumbing system and fixturess.;
roofs.;
exterior cladding.;
doors and hardware.;
parking lots; and
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.
33.30. The Association shall immediately notify the City of any damage or unsafe
conditions on the Premises.
Security
34. 31. 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,City will be authorized
to be in the possession of keys to the Premises.
Formatted: Indent: Left: 0", Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 30 + Alignment: Left
+Aligned at: 0.25" + Tab after: 0.75" + Indent at: 0.75",
Tab stops: Not at 0.75"
Formatted: English (United Kingdom)
Formatted: Indent: Left: 0", Hanging: 0.5", No bullets or
numbering, Tab stops: 0.5", Left + Not at 1"
32. Any keys provided to the Association, or its licensees, must be returned to the
City immediately upon request.
35.
Alterations/Improvements to Premises
36. 33. The Association shall not make any alterations or additions to the
Premises without prior written consent of the City’s Director, Community
Services. Any such pre-approved alterations, additions or fixtures shall be at the
sole cost and expense of the Association and shall be added to the City’s
inventory of fixtures and shall form part of the City’s property. The Association
acknowledges that it has no claim to any such alteration, addition, or fixture upon
termination of this Agreement.only be permitted to make alterations and
improvements to the Premises that have been approved by the City.
Formatted: Indent: Left: 0", Hanging: 0.5", Tab stops:
0.5", Left + Not at 0.1"
Formatted: No bullets or numbering
Formatted: Indent: Left: 0", Hanging: 0.5", No bullets or
numbering
8
Article VI
Insurance and Indemnity
Association's Insurance
37. 34. 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 five million dollars ($52,000,000.00) for claims
arising out of oneper 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.
Formatted: Indent: Left: 0", Hanging: 0.5", No bullets or
numbering
38. 35. 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. 36. 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. 37. The Association is responsible for insuring all ofall their equipment,
Formatted: Indent: Left: 0", Hanging: 0.5", No bullets or
numbering
Formatted: Indent: Left: 0", Hanging: 0.5", No bullets or
numbering
Formatted: Indent: Left: 0", Hanging: 0.5", No bullets or
numberingcontents, 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
38. 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.
Formatted: Indent: Left: 0", Hanging: 0.5", Numbered +
Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 38 +
Alignment: Left + Aligned at: 2.25" + Indent at: 2.5"
9
41.
Limitation of City's Liability
42.39. The City shall not be liable for any bodily injury or death of any person, or loss or Formatted: Indent: Left: 0", Hanging: 0.5", Numbered +
Formatted: No bullets or numbering
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
43.40. 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 Agreement 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 LeaseAgreement. 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 the wilful misconduct or 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 LeaseAgreement.
Article VII
Remedies on Default
City's Right to Re-Enter
41. The City reserves the right to re-enter the Premises at any time for any reason Formatted: Indent: Left: 0", Hanging: 0.5", Numbered +
Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 38 + without notice. The City will provide reasonable notice if it deems it practical to do Alignment: Left + Aligned at: 2.25" + Indent at: 2.5"so based on its sole discretion.
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.
Formatted: Indent: Left: 0.5", No bullets or numbering
City's Right to Remedy Default
45.42.In addition to all other remedies the City may have under this AgreementLease Formatted: Indent: Left: 0", Hanging: 0.5", Numbered +
Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 38 + and in law, if the Association is in default of any of its obligations under this Alignment: Left + Aligned at: 2.25" + Indent at: 2.5"LeaseAgreement, 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
Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 38 +
Alignment: Left + Aligned at: 2.25" + Indent at: 2.5"
Formatted: Indent: Left: 0", Hanging: 0.5", Numbered +
Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 38 +
Alignment: Left + Aligned at: 2.25" + Indent at: 2.5"
10
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.
Waiver
46.43.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 Agreement 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
49.44.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.
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Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 38 +
Alignment: Left + Aligned at: 2.25" + Indent at: 2.5"
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Numbering Style: 1, 2, 3, … + Start at: 38 + Alignment: Left
+Aligned at: 2.25" + Indent at: 2.5"
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Numbering Style: 1, 2, 3, … + Start at: 38 + Alignment: Left
+Aligned at: 2.25" + Indent at: 2.5"
Formatted: Indent: Left: 0", Hanging: 0.5", Numbered +
Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 38 +
Alignment: Left + Aligned at: 2.25" + Indent at: 2.5"
11
Compliance with Laws
50.45. The Association, at its sole cost and expense, shall comply with all legal Formatted: Indent: Left: 0", Hanging: 0.5", Numbered +
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.
Notice
51.46. Any notice required to be given by the City to the Association under this Lease
Agreement 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 LeaseAgreement.
52.47. Any notice required to be given by the Association to the City under this Lease
Agreement 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 LeaseAgreement.
Successors and Assigns
53.48.This Lease Agreement shall enure to the benefit of and be binding upon the Formatted: Indent: Left: 0", Hanging: 0.5", Numbered +
Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 38 + parties and their respective successors (including any successor by reason of Alignment: Left + Aligned at: 2.25" + Indent at: 2.5"amalgamation or statutory arrangement) and permitted assigns.
Title
54.49. The Association hereby agrees to keep title to the Premises, including every part Formatted: Indent: Left: 0", Hanging: 0.5", Numbered +
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 LeaseAgreement.
Force Majeure
55.50. The City shall not be liable for any damages caused by any delay or failure to
perform the whole or any part of this LeaseAgreement, 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.
Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 38 +
Alignment: Left + Aligned at: 2.25" + Indent at: 2.5"
Formatted: Indent: Left: 0", Hanging: 0.5", Numbered +
Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 38 +
Alignment: Left + Aligned at: 2.25" + Indent at: 2.5"
Formatted: Indent: Left: 0", Hanging: 0.5", Numbered +
Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 38 +
Alignment: Left + Aligned at: 2.25" + Indent at: 2.5"
Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 38 +
Alignment: Left + Aligned at: 2.25" + Indent at: 2.5"
Formatted: Indent: Left: 0", Hanging: 0.5", Numbered +
Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 38 +
Alignment: Left + Aligned at: 2.25" + Indent at: 2.5"
_____________________________________
12
Registration
51.The Association shall not have the right to register this Lease Agreement 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.
The Corporation of the City of Pickering
_____________________________________
Kevin Ashe, Deputy Mayor
_____________________________________
Susan Cassel, City Clerk
Whitevale & District Residents’ Association
Nicole BrewsterMary Evans, PresidentCo-chair
Formatted: Indent: First line: 0"
Formatted: Numbered + Level: 1 + Numbering Style: 1, 2,
3, … + Start at: 38 + Alignment: Left + Aligned at: 2.25" +
Indent at: 2.5"
_____________________________________
13
I have
authority to bind the CorporationAssociation
and am also signing in my personal capacity.
Sally Campbell, Co-chair
I have authority to bind the Association and am also signing in my personal capacity.
Formatted: Indent: Left: 3", First line: 0"
Schedule “A”
City’s Alcohol Management Policy
City’s Municipal Alcohol Policy
The Corporation of the City of Pickering
Community Services Department
September 28, 2004
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Formatted: Font: (Default) Arial Purpose:
The purpose of this policy is to endeavour 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
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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, Community Services to be closed to the 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
permission to use a designated facility for a licensed function.
(e) “Director” means the City’s Director of the Community Services Department or
designated.
2. Designated Facilities
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(1) The following are designated facilities for indoor licensed functions:
a. Brougham Community Centre
b. Dr. Nelson F. Tomlinson Community Centre (Claremont CC)
c. Don Beer Sports Facility Community Centre
d. East Shore Community Centre
e. Front Street Community Centre
f. Green River Community Centre
g. Greenwood Community Centre
h. Mount Zion Community Centre
i. Pickering Civic Complex
j. Chestnut Hill Developments Recreation Complex (Pickering Recre
Complex)
k. Seniors Activity Centre
l. West Shore Community Centre
m. Whitevale Community Centre
n. Whitevale Arts & Cultural Centre
o. George Ashe Library & Community Centre (Petticoat Creek CC)
p. Pickering Museum Village
2) The following are designated facilities for outdoor licensed functions:
a. Claremont Community Park
b. Dunmoore Park
c. Kinsmen Park
d. Alex Robertson Park
e. Pickering Museum Village
Alcohol Restrictions within designated facilities:
All designated facilities defined in this policy shall be deemed a “public plac
as such, in accordance with Section 31 of the Liquor License Act, R.S.O. 1
19, no person shall have or consume or sell liquor in any designated facilit
a license or permit is issued or unless specifically covered by an L.L.B.O. p
Safe Transportation:
ation
(
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3.
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990 c.L
y unless
ermit.
4.
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Formatted: Font: (Default) Arial (1) Only those users implementing a safe transportation strategy (i.e.
designated driver program, an alternate home transportation option) to prevent
intoxicated participants from driving will be permitted to use designated
facilities for a licensed function.
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Formatted: Font: (Default) Arial (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.
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Formatted: Font: (Default) Arial (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
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(1) User 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 License 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 small than usual
portion of alcohol.
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(2) Signs shall be provided by the City to users for display by them in designated
facility during licensed function.
7. Participant Control
(1) Only users providing sufficient controls to prevent underage intoxicated or rowdy
persons from entering the designated facility, to refuse service to such person, and
to remove such persons from the designated facility will be permitted to use
designated facilities for licensed functions.
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(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,
g. Providing a list of names of supervisors, monitors and servers to the
Director prior to the function.
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Formatted: Font: (Default) Arial (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.
(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 impose voluntarily the controls set out above since they are not
exempt from responsibility for compliance with the law and for the sobriet
(5) and safety of participants.
8.Supervisor, Monitor, and Server Training
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(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 the Addiction Research Foundation course material,
and may be provided, at a reasonable cost, through the Director, Community
Services
(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
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(1) Only users having a minimum of $1,000,000 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.
(2) The Director may require a potential user to demonstrate that such insurance
coverage is in place before written permission to use the designated facility for a
licensed function is granted.
10. Accountability
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Formatted: Font: (Default) Arial (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 of the Liquor License Boar of
Ontario,
e. The address and telephone number of the Director, Community Services
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(2) A user that contravenes any city policy or procedure or any application law may
be refused permission to use designated facilities for licensed functions, at the
Directors direction;
a. Indefinitely, or
b. Until the user can demonstrate to the Director satisfaction that further
contravention shall now occur.
11. Promoting the Policy:
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Formatted: Font: (Default) Arial The Director, Community Services, shall design and implement, in consultation with the
Addition Research Foundation, a strategy to orient all potential users to the
requirements of this policy and to promote this policy to the community at large.
[to be inserted]
Schedule “B”
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 requlations
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 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.
16) All cancellation 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-date 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 L2V 6K7,
905.420.4611.
HST applies to this Rental – Registration No. 108078593
City’s Conditions of Agreement
[to be inserted]
Facility Rules and Regulations
Failure to comply with the below will result in loss of damage deposits.
A. All Facilities
No confetti/rice is permitted in City facilities, parking lots, or grounds.
Facilities must be vacated by 2:00 am, ensuring that all decorations and
function supplies have been removed.
Smoking 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 licences, etc. are
the renter’s responsibility.
Liquor Licence must always be visible on the bar wall during the function,
and while alcohol is on the premises.
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.
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 and removed following the event.
As per liquor regulations, all bars must close at 1:00 am sharp.
Set up times for your event is as per your permit.
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Licence Agreement
This Licence Agreement is made as of the 1st day of July, 2025.
Between:
The Corporation of the City of Pickering
(the "City")
-and -
Whitevale & District Residents’ Association
(the "Association")
Article I
Interpretation
Definitions
1.In this Agreement,
(a)"Commencement Date" means July 1, 2025;
(b)"Premises" means the entire facility known as Whitevale Community
Centre including the Mary Christian House, located at 405 Whitevale Rd,
Whitevale, ON L1X 0J9, excluding the parking lot, playing field and
children’s play area bounded by Whitevale Rd. north, park driveway to the
west, parking lot to the south and park perimeter bordering the river to the
east, and the entire facility known as the Whitevale Arts & Culture Centre
located at 475 Whitevale Rd., Whitevale ON L1X 0J0 in the City of
Pickering, Regional Municipality of Durham;
(c)"Licence Fee" means the fee(s) payable pursuant to Section 23; and
(d)"Term" means the term of this Licence Agreement as set out in Section
18.
Headings
2.The division of this Agreement 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 Agreement.
Attachment 2 to Report CS 16-25
Schedule
3. Schedule “A” (City’s Municipal Alcohol Policy) and Schedule “B” (City’s
Conditions of Agreement) are incorporated into and form part of this Agreement.
Severability
4. All of the provisions of this Agreement 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 the rest of this Agreement and the remaining provisions of this
Agreement shall remain in force.
Number
5. Wherever a word importing the singular number only is used in this Agreement,
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 Agreement shall be governed by, and interpreted and enforced in
accordance with, the laws in force in the Province of Ontario.
Entire Agreement
7. This Agreement 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 Agreement, the City is granting a non-exclusive licence to the Association to
use the Premises for the purposes described herein.
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 and for no other purpose without the prior written consent
of the City which consent may be arbitrarily withheld. The premises shall not be
used for the delivery of programs, services, activities, or events which are directly
or indirectly in competition with those offered by the City of Pickering.
The Association shall host at least one “Community Event” and at least four
“Community Programs” annually.
10. 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 approved 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
11. 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 Use of Premises Takes Priority
12. The City shall always have the right to use the Premises for its own purposes as
required and, in such instances, shall give the Association reasonable notice of
its intention to use the premises to minimize any scheduling conflicts. The City’s
needs shall take priority. The Association shall not be entitled to any rental fees
or other remuneration associated with the use of the Premises by the City. The
City shall ensure the premises are cleaned after such use should it occur. The
City shall provide cleaning services to the common areas of the Community
Centre at 405 Whitevale Road once per week exclusively when City of Pickering
Camps operate on the premises. The common areas apply to the main hall and
the washroom facilities located on the first / main floor.
Assignment
13. The Association shall not assign this assign this Licence without the prior written
consent of the City, which consent may be arbitrarily withheld.
Licences
14. The Association may grant permits to other third parties to use the premises if
approved in writing by the City and provided that,
(a) the term of the permit does not exceed one (1) month.
(b) the permit holder agrees to comply with Sections 9,and 10, of this
Agreement; and
(c) the Association agrees that it shall only charge such Permit Fees for the
rental of the Premises at the rate that is approved by the City from time to
time. The City and the Association shall establish the approved Permit
Fee rate yearly throughout the Term.
15. The Association shall retain 100% of all permit fees recovered for the use of the
Premises.
16. The Association shall submit a written report to the City every four months
documenting the source and amount of all permit f ees received by the
Association for the Premises.
17. The Association shall submit their annual financial statement to the City by
February 15th of each year of the Term.
Article III
Term
Term
18. The term of this Licence Agreement shall be five (5) years commencing on the
Commencement Date and expiring on June 30, 2030.
19. Notwithstanding anything else contained herein, this Agreement may be
terminated by either party for any reason upon three months’ notice to the other
in writing.
20. Upon the expiry or earlier termination of this Agreement, the Association shall
surrender to the City possession of the Premises and all the rights of the
Association under this Agreement 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).
21. If the City terminates this Agreement pursuant to Section 19, the City will not be
liable to the Association for any damage or loss occasioned thereby.
Article IV
Licence Fee
22. The Association shall pay to the City as a Licence Fee for the entire Term in
lawful money of Canada the sum of One (1) Dollar ($1.00).
Article V
Maintenance, Repairs and Alterations
Maintenance of Premises
23. Subject to the obligations of the City pursuant to Sections 29 and 301, the
Association shall maintain and operate the Premises so the Premises shall
always be of good appearance and in a condition suitable for the proper
operation of the Premises.
24. The Association shall provide general maintenance services (cleaning,
minor/cosmetic upgrades/supplies, outside gardens/flower beds, etc.) 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.
25. 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 for maintaining a binder
containing safety data sheets for all hazardous products stored or used on the
Premises. The said binder must be always kept current and available for
reference by users of said products.
26. The Association shall be responsible for providing 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.
27. The Association shall be responsible for all day -to-day operating expenses,
including, but not limited to, garbage removal from the facility . The Association
shall not be responsible for utilities.
28. The City shall provide snow removal services for the driveway and parking lot at
405 Whitevale Rd. and the forecourt area at 475 Whitevale Rd. The Association
shall be responsible for snow removal on all sidewalks, walkways and all other
areas of pedestrian passage on the Premises.
29. (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
(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.
30. The Association shall immediately notify the City of any damage or unsafe
conditions on the Premises.
Security
31. 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 the
possession of keys to the Premises.
32. Any keys provided to the Association, or its licensees, must be returned to the
City immediately upon request.
Alterations/Improvements to Premises
33. The Association shall not make any alterations or additions to the Premises
without prior written consent of the City’s Director, Community Services. Any
such pre-approved alterations, additions or fixtures shall be at the sole cost and
expense of the Association and shall be added to the City’s inventory of fixtures
and shall form part of the City’s property. The Association acknowledges that it
has no claim to any such alteration, addition, or fixture upon termination of this
Agreement.
Article VI
Insurance and Indemnity
Association's Insurance
34. 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 five million dollars ($5,000,000.00) for claims per
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.
35. 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.
36. 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.
37. The Association is responsible for insuring all 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
38. 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.
Limitation of City's Liability
39. 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
40. 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 Agreement 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 of the Premises pursuant
to this Agreement. 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 the wilful misconduct or 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 Agreement.
Article VII
Remedies on Default
City's Right to Re-Enter
41. The City reserves the right to re-enter the Premises at any time for any reason
without notice. The City will provide reasonable notice if it deems it practical to do
so based on its sole discretion.
City's Right to Remedy Default
42. In addition to all other remedies the City may have under this Agreement and in
law, if the Association is in default of any of its obligations under this Agreement,
(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.
Waiver
43. 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 Agreement 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
Signs
44. 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
45. 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.
Notice
46. Any notice required to be given by the City to the Association under this
Agreement 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 Agreement.
47. Any notice required to be given by the Association to the City under this
Agreement 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 Agreement.
Successors and Assigns
48. This Agreement 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
49. 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 Agreement.
Force Majeure
50. The City shall not be liable for any damages caused by any delay or failure to
perform the whole or any part of this Agreement, 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
51. The Association shall not have the right to register this Agreement or notice
thereof against title to the Premises or any part ther eof.
In Witness Whereof the parties have executed this Lease as of the date first
written above.
The Corporation of the City of Pickering
_____________________________________
Kevin Ashe, Mayor
_____________________________________
Susan Cassel, City Clerk
Whitevale & District Residents’ Association
_____________________________________
Mary Evans, Co-c hair
I have authority to bind the Association and am
also signing in my personal capacity .
_____________________________________
Sally Campbell, Co-c hair
I have authority to bind the Association and am
also signing in my personal capacity.
Schedule “A”
City’s Municipal Alcohol Policy
The Corporation of the City of Pickering
Community Services Department
September 28, 2004
Purpose:
The purpose of this policy is to endeavour 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, Community Services to be closed to the 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 permission to use a designated facility for a licensed function.
(e) “Director” means the City’s Director of the Community Services
Department or designated.
2. Designated Facilities
(1) The following are designated facilities for indoor licensed functions:
a. Brougham Community Centre
b. Dr. Nelson F. Tomlinson Community Centre (Claremont CC)
c. Don Beer Sports Facility Community Centre
d. East Shore Community Centre
e. Front Street Community Centre
f. Green River Community Centre
g. Greenwood Community Centre
h. Mount Zion Community Centre
i. Pickering Civic Complex
j. Chestnut Hill Developments Recreation Complex (Pickering
Recreation Complex)
k. Seniors Activity Centre
l. West Shore Community Centre
m. Whitevale Community Centre
n. Whitevale Arts & Cultural Centre
o. George Ashe Library & Community Centre (Petticoat Creek CC)
p. Pickering Museum Village
(2) The following are designated facilities for outdoor licensed functions:
a. Claremont Community Park
b. Dunmoore Park
c. Kinsmen Park
d. Alex Robertson Park
e. 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 License Act, R.S.O.
1990 c.L 19, no person shall have or consume or sell liquor in any designated
facility unless a license 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 (i.e.
designated driver program, an alternate home transportation option) to
prevent intoxicated participants from driving will be permitted to use
designated facilities for a licensed function.
(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) User 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 License 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 small than
usual portion of alcohol.
(2) Signs shall be provided by the City to users for display by them in
designated facility during licensed function.
7. Participant Control
(1) Only users providing sufficient controls to prevent underage intoxicated or
rowdy persons from entering the designated facility, to refuse service to
such person, 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,
g. Providing a list of names of supervisors, monitors and servers to
the Director prior to the function.
(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.
(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 impose voluntarily the controls set out
above since they are not exempt from responsibility for compliance with
the law and for the sobriety and safety of participants.
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 the Addiction Research Foundation course
material, and may be provided, at a reasonable cost, through the Director,
Community Services
(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
9. Insurance
(1) Only users having a minimum of $1,000,000 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.
(2) The Director may require a potential user to demonstrate that such
insurance coverage is in place before written permission to use the
designated facility for a licensed function is granted.
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 of the Liquor License
Boar of Ontario,
e. The address and telephone number of the Director, Community
Services
(2) A user that contravenes any city policy or procedure or any application law
may be refused permission to use designated facilities for licensed
functions, at the Directors direction;
a. Indefinitely, or
b. Until the user can demonstrate to the Director satisfaction that
further contravention shall now occur.
11. Promoting the Policy:
The Director, Community Services, shall design and implement, in consultation with the
Addition Research Foundation, a strategy to orient all potential users to the
requirements of this policy and to promote this policy to the community at large.
Schedule “B”
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 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.
16) All cancellation 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-date 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 L2V 6K7,
905.420.4611.
HST applies to this Rental – Registration No. 108078593
Facility Rules and Regulations
Failure to comply with the below will result in loss of damage deposits.
A. All Facilities
• No confetti/rice is permitted in City facilities, parking lots, or grounds.
• Facilities must be vacated by 2:00 am, ensuring that all decorations and
function supplies have been removed.
• Smoking 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 licences, etc. are
the renter’s responsibility.
• Liquor Licence must always be visible on the bar wall during the function,
and while alcohol is on the premises.
• 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.
• 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 and removed following the event.
• As per liquor regulations, all bars must close at 1:00 am sharp.
• Set up times for your event is as per your permit.