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HomeMy WebLinkAboutCS 16-25Report to Executive Committee Report Number: CS 16-25 Date: June 9, 2025 From: Laura Gibbs Director, Community Services Subject: Mt. Zion Community Centre Association Licenc e Agreement Renewal File: A-1440-001 Recommendation: 1.That the Mayor and City Clerk be authorized to execute the Licence Agreement for a two year term commencing July 1, 2025 and ending June 30, 2027 with Mt. Zion Community Centre Association for the operation of the Mt. Zion Community Centre, 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 the necessary actions as indicated in this report. Executive Summary: The City of Pickering, through Resolution #350/20, has a five year licence agreement with the M t. Zion Community Centre Association (the Association) to operate the Mt. Zion Community Centre (the Community Centre) which expires on June 30, 2025. The Association has been responsible for coordinating facility rentals, maintaining regular operating hours, organizing community programs and events, and performing facility cleaning and maintenance at the Community Centre. Report CS 07-25 regarding Northern Community Halls, dated May 5, 2025, provided a summary of the condition of the Mt. Zion Community Centre. The report recommended a two year licence agreement renewal based on its current uses, facility condition assessment and close proximity (5.4 km) to the new Pickering Heritage & Community Centre that is set to open to the public in spring 2026. Staff met with the Association on January 27, 2025, and March 28, 2025 to review the terms of the licence agreement together . The Association confirmed with staff that they reviewed the updated licence agreement and had no revisions. Staff recommend that the licence agreement set out in Attachment 1 of this report be renewed for a two year term, beginning July 1, 2025 and ending June 30, 2027. The licence agreement has been updated to be consistent with the City’s active licence agreements, and to provide clarification on use of the facility . CS 16-25 June 9, 2025 Subject: Mt. Zion Community Centre Association Licence Agreement Page 2 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 Community Centre has $681,923.00 in deferred maintenance. A structural engineering review of the Community Centre was completed in May, 2024 which identified potential decay and weakness in the floor structure. Additional investigations beneath the floor will be undertaken in 2025 to better determine existing conditions and determine if repairs, estimated at around $70,000.00, need to be done during the term of this licence agreement. The City ’s annual general maintenance and operating costs for the Community Centre is approximately $17,250.00 which includes: Oil Consumption $ 3,500.00 TSSA Oil Tank & Furnace Inspection $ 500.00 ESA Inspection $ 500.00 Furnace HVAC PM Service $ 1,000.00 Septic Holding Tank $ 2,000.00 UV System PM Service $ 1,200.00 Hydro $ 950.00 Building Repairs & Maintenance $ 2,500.00 Pest Control Services $ 600.00 Winter Control $ 4,500.00 Total: $17,250.00 T he Association Reported Financial Summary Year Revenue Earned Annual Expenses Cash balance, end of year 2021 $ 0.00 $ 9.00 $ 1,145.66 2022 $ 3,350.00 $ 514.50 $ 3,981.16 2023 $ 3,550.00 $ 691.20 $ 6,389.96 2024 $ 5,970.00 $ 3,066.15 $ 9,743.81 A ll revenues generated from the operation of the Community Centre are retained by the Association. D iscussion: The purpose of this report is to seek approval for the renewal of the licence agreement with the Association, for use of the Community Centre to operate various programs and events for residents of all ages. CS 16-25 June 9, 2025 Subject: Mt. Zion Community Centre Association Licence Agreement Page 3 1.Use of the Community Centre In 2024, the Association hosted 52 permitted uses/rentals, primarily comprised of birthday parties, private social events and free ski patrol training events. In 2023, the Association reported 24 uses, in 2022 there were 27 uses, and there were no uses in 2021, primarily due to the COVID pandemic. There were no community -based programs or events that were operated by the Association in 2024. 2.Condition of the Community Centre The Community Centre, located at 4230 Sideline 6, was built in 1875 and was used as a one-room schoolhouse and used until its closure in 1965. By-law 8835 established Mt. Zion as a Community Hall in 1967. The facility was originally managed by a Board that was appointed by Council. The Community Centre had an FCI of 58 percent noted in the Facilities Renewal Study, which has risen to 65 percent as of January 1, 2025. A recently completed structural engineering assessment has also raised concerns about the condition of its floor framing and load-bearing masonry. The Community Centre currently has the fourth highest FCI among City facilities. The facility is going to require significant infrastructure repairs beyond the term of this licence agreement in order to keep it operational and safe for public use, including significant repairs related to its floor framing and load- bearing masonry. Due to the current condition of this facility, a two year licence agreement, which is shorter than the standard five year agreement is recommended. 3.Changes made to the Licence Agreement The language used throughout the agreement was updated to be consistent with the City’s active licence agreements, or to provide clarification. The following notable changes and updates have been made to the agreement: i.The term of the agreement was updated to a two year term, beginning July 1, 2025 and ending June 30, 2027. ii.G rant, Section 8, has been updated to provide clarification that the type of licence agreement non-exclusive for use of the premises. iii.A ssociation’s Use of Premises and accordance with the City’s Alcohol Management Policy , Section 10, has been removed and covered in Section 3. iv .Overholding, Section 23, has been removed. Due to the condition of the Community Centre, significant construction is required to address structural and building envelope repairs once this licence agreement expires. Additionally, Report CS 07-25 recommends that staff investigate options to reduce the net capital cost of the Community Centre and report back to Council with recommendations in Q1, 2026. Due to these two factors, the overholding clause CS 16-25 June 9, 2025 Subject: Mt. Zion Community Centre Association Licence Agreement Page 4 has been removed, with an expectation that this licence agreement will terminate on June 20, 2027. v.A lterations, Section 33, has been updated to clarify that any alterations or additions made to the Community Centre 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. Any alteration or addition must receive prior written consent from the Director, Community Services. The City remains responsible for all inspections, preventative maintenance, and replacement at its sole discretion, as outlined in Maintenance of Premises, Section 29. v i.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. v ii.Right of Entry, Section 47, was deleted and updated in Section 41. Section 47 was deleted as the City reserves the right to enter the premises at any time for any reason without notice. v iii.The municipal alcohol policy was replaced in the appendix with the most recent version. A two year licence agreement is recommended to permit the Association to continue to operate the facility. During this time, additional investigation will be completed on the structural integrity of the floor along with investigations to reduce the net capital cost of the Community Centre. Staff will report back to Council with recommendations in Q1, 2026. Attachments: 1.Mt. Zion Community Centre Association Licenc e Agreement, with track changes 2.Mt. Zion Community Centre Association Licenc e 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 CS 16-25 June 9, 2025 Subject: Mt. Zion Community Centre Association Licence Agreement Page 5 Prepared By: Original Signed By Kim Bradley Special Advisor, Community Initiatives LG :kb Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer Attachment 1 to Report CS 16-25 LicenceLease Agreement This Licenceease Agreement is effective made as of the 1st day of July, 20250. Between: The Corporation of the City of Pickering (the "City") - and - Mt. Zion Community Centre Association (the "Association") Article I Interpretation Definitions 1. In this Agreement Lease, (a) "Commencement Date" means July 1, 20250; (b) "Lease" means this lease as it may be amended from time to time; (b) "Premises" means the entire facility known as Mt. Zion Community Centre located at 4230 Salem Rd, in the City of Pickering, Regional Municipality of Durham; (c) Formatted: List Paragraph, Left, No bullets or numbering, Tab stops: Not at -1" Formatted: Font: Bold Formatted: Font: Bold “Licence Fee” means the fee(s) payable pursuant to Section 22; and (d) "Rent" means the rent payable pursuant to Section 24; and (e)(d) "Term" means the term of this Licence Agreementease as set out in Section 19. Headings 2. The division of this Licenceease 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 AgreementLease. 2 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 AgreementLease. Severability 4. All of the provisions of this Licence Agreementease 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 AgreementLease and the remaining provisions of this AgreementLease shall remain in force. Number 5. Wherever a word importing the singular number only is used in this AgreementLease, 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 AgreementLease 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 AgreementLease 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. Article II Grant and Use Grant 8. In consideration of the performance by the Association of its obligations under this AgreementLease, the City is granting a non-exclusive licenceleases to the Association to use the Ppremises for the purpose described herin. to the Association for its use during the Term. 3 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 in directly or indirectly in competition with those offered by the City of Pickering. 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”). 11.10.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 approveddetermined 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 12.11.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’s Use of Premises Takes Priority 13.12.The City shall always have first 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 in order to minimize and avoid any scheduling conflicts. The City’s needs 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. Assignment and Subletting 14.13.Subject to Section 15, Tthe Association shall not assign this Licenceease or sublet all or any portion of the Premises without the prior written consent of the City, which consent may be arbitrarily withheld. 4 Licences 15.14.The Association may grant permitslicences to other third parties to use the premises if licensees approved in writing by the City and to use the Premises provided, (a) the term of the permit licence does not exceed one (1) month; (b) the permit holder licensee agrees to comply with Sections 9 and 10 and 10 of this agreementLease; and (c) the AssociationClub 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 AssociationClub shall establish the approved permitrental fee rate yearly throughout the Term. 16.15.The Association shall retain 100% of all permitlicence fees recovered for the use of the Premises. 17.16.The Association shall submit a written report to the City every four months documenting the source and amount of all permitlicence fees received by the Association for the Premises. 18.17.The Association shall submit their annual financial statement to the City by February 15th of each year of the Term. Article III Term Term 19.18.The term of this Licenceease Agreement shall be twofive (25) years commencing on the Commencement Date and expiring on June 30, 20275. 20.19.Notwithstanding anything else contained herein, this Agreement may be terminated by either party for any reason upon threesix month’s notice to the other in writing. 21.20.Upon the expiry or earlier termination of this AgreementLease, the Association shall surrender to the City possession of the Premises and all the rights of the Association under this AgreementLease shall terminate (but the Association 5 shall, notwithstanding such termination, be liable to the City for any loss or damage suffered by the City by reason of any default of the Association). 22.21.If the City terminatesshall declare this AgreementLease to be terminated pursuant to Section 1920, 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. Article IV Licence FeeRent Licence FeeRent 24.22.The Association shall pay to the City as a licence feerent 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 26.23.The Association shall maintain and operate the Premises so that the Premises shall always be of good appearance and suitable for proper operation. 27.24.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. 28.25.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 6 successors, the Club shall be responsible forto 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 at all times and be available for reference by users of said products. 29.26.The Association shall be responsible forto providinge 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. 30.27.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. 31.28.The City shall provide snow removal services for the parking lot. The Association shall be responsible for snow removal on all sidewalks, walkways and all other areas of pedestrian passage on the Premises. 32.29.(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; 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. 33.30.The Association shall immediately notify the City of any damage or unsafe conditions on the Premises. 7 Security 34.31.The Association shall be responsible for the security of the Premises. The AssociationClub 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 AssociationClub 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. 35.32.Any keys provided to the Association, or its licensees, must be returned to the City immediately upon request. Alterations/Improvements to Premises 36.33.The Association shall not make any alteration or additions to the premises without prior written consent of the City’s Director of Community Services. Any such preapproved 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. only be permitted to make alterations and improvements to the Premises that have been approved by the City. 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 five million dollars ($5,000,000.00) for claims per 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. 38.35.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 8 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 of their equipment, contents, and leasehold improvements. 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 omission 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 41.39.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 gross negligence of the City. Indemnification 42.40.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 AgreementLease 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 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 Lease. Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Tab after: 0.75" + Indent at: 0.75" Formatted: Font: Bold 9 Article VII Remedies on Default City's Right to Re-Enter 43.41. 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 practical to do so based on its sole discretion.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 44.42.In addition to all other remedies the City may have under this AgreementLease and in law, if the Association is in default of any of its obligations under this AgreementLease, 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 costs. Waiver 45.43.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 AgreementLease 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 46. 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. 10 Right of Entry 47. The Association agrees to permit the City and authorized representatives of the Formatted: No bullets or numbering 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 48.44.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 49.45.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 50.46.Any notice required to be given by the City to the Association under this AgreementLease 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 AgreementLease. 51.47.Any notice required to be given by the Association to the City under this AgreementLease 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 AgreementLease. Successors and Assigns 52.48.This AgreementLease 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 53.49.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 11 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.Lease. Force Majeure 54.50.The City shall not be liable for any damages caused by any delay or failure to perform the whole or any part of this AgreementLease, 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 55.51.The Association shall not have the right to register this AgreementLease or notice thereof against title to the Premises or any part thereof. ________________________________ ________________________________ ________________________________ ________________________________ 12 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 Mt. Zion Community Centre Association MurrayEvelyn Jones, President I have authority to bind the Association and I am also signing in my personal capacity. Ruth Taylor, Treasurer IWe have authority to bind the AssociationCorporation and I am also signing in my personal capacity. Schedule “A” City’s Municipal Alcohol Policy The Corporation of the City of Pickering Community Services Department Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial 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 Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial 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 Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial (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 Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial d. Alex Robertson Park e. Pickering Museum Village 3. Alcohol Restrictions within designated facilities: Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial 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: Formatted: Font: (Default) Arial, 12 pt 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. Formatted: Font: (Default) Arial, 12 pt 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. Formatted: Font: (Default) Arial, 12 pt 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 Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial (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. Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial (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. Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial (2) Such controls shall include the following: Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial 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. Formatted: Font: (Default) Arial, 12 pt 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 sobriety (5) and safety of participants. 8. Supervisor, Monitor, and Server Training Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial (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. Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial (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 Formatted: Indent: Left: 0.5", Add space between paragraphs of the same style, Line spacing: single, No bullets or numbering, No widow/orphan control 9. Insurance Formatted: Font: (Default) Arial Formatted: Indent: Left: 0.5", No bullets or numbering Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial (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 Formatted: Font: (Default) Arial, 12 pt 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 Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial (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: Formatted: Font: (Default) Arial, 12 pt 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. Schedule “B” 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. Facility Rules and Regulations Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5" Attachment 2 to Report 16-25 Licence Agreement This Licence Agreement is effective as of the 1st day of July , 2025. Between: The Corporation of the City of Pickering (the "City") -and - Mt. Zion Community Centre Association (the "Association") Ar ticle I Interpretation Definitions 1.In this Agreement, (a)"Commencement Date" means July 1, 2025; (b)"Premises" means the entire facility known as Mt. Zion Community Centre located at 4230 Salem Rd, in the City of Pickering, Regional Municipality of Durham; (c)“Licence Fee” means the fee(s) payable pursuant to Section 22; and (d)"Term" means the term of this Licence Agreement as set out in Section 19. Headings 2.The division of this Licence 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. 2 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 Licence 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 G rant 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 purpose described herein. 3 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. 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’s 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 in order to minimize and avoid any scheduling conflicts. The City’s needs 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. Assignment 13.The Association shall not 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, (a)the term of the permit does not exceed one (1) month; (b) the permit holder agr ees to comply with Sections 9 and 10 of this agreement; and 4 (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 fees 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 T erm 18.The term of this Licence Agreement shall be two (2) years commencing on the Commencement Date and expiring on June 30, 2027. 19.N otwithstanding 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.U pon 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 termination, be liable to the City for any loss or damage suffered by the City by reason of any default of the Association). 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. A rticle IV Licence Fee 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). 5 Article V Maintenance, Repairs and Alterations Maintenance of Premises 23. The Association shall maintain and operate the Premises so that the Premises shall always be of good appearance and suitable for proper operation. 24. 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. 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 Club 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 be 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 parking lot. 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; 6 (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 damage 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 alteration or additions to the premises without prior written consent of the City’s Director of Community Services. Any such preapproved 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. 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, 7 (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. 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 omission 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 gross negligence of the City. Indemnification 40. The Association shall indemnify and save harmless the City , its directors, officers, employees, elected officials, agents, contractors and representatives 8 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 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 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. 9 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. 10 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 thereof. 11 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 Mt. Zion Community Centre Association ________________________________ Murray Jones, President I have authority to bind the Association and am also signing in my personal capacity. ________________________________ Ruth Taylor, Treasurer 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. Mt. 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; and 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)O nly 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)U sers 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; and 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.Indef initely, 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 a 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 I 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 names. 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 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. 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. Posts-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 L2qV K7, 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.