Loading...
HomeMy WebLinkAboutBy-law 5037/97BY-LAW REPEALED BY ~REPEALS . AMENDED BY , , AMENDS DISPOSITION THE CORPORATION OF THE TOWN OF PICKER. lING BY-LAW NO. 5037/97 Being a by-law to authorize the execution of a Management Agreement between The Corporation of the Town of Pickering and the Claremont Lions Club respecting the continued management of the Claremont Community Centre by the Claremont Lions Club. WHEREAS, the Town owns and operates a community centre known as the Ciaremont Community Centre in the Hamlet of Claxemont in the Town of Picketing; and WHEREAS, the Claremont Lions Club has provided its services, on certain terms and conditions to the Towr ~s manager of the community centre and it is desirable to provide for the continued provision of such services; and WHEREAS, p~suant to the provisions of paragraph 207.58 and 191 of the Municipal Act, R.S.O. 1990, chapter M.45, as ameuded, the Council of The Corporation of the Town of Pickering may pass by-laws for, among other things, maintaining, operating and managing community recreation centres; NOW THEREFORE, the Council of the Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Management Agreement, in the form attached hereto as Schedule A, between Ihe Corporation of the Town of Picketing and the Claremont Lions Club respecting the continued management of the Claremont Community Centre by the Claremont Lions Club. BY-LAW read a first, second and third time and finally passed this 16th day of June, 1997. Wayne~ ~--N,..~urs' Mayor Kruce Taylor, Clerk 'TI'Ils MANAGEMENT AGREEMENT mad0 June 1, 1997, pursuant to the provisions of sections 191(I)and 207.58 of tho MImt¢lp~,4cl, R.S,O. 1990, chapter M.45, B E T W E E N: THE CLAR~MQNT LJQNS CLUB herein called the "Club" OF THE FIRST PART, THE CORPORATION OF THE TOWN OF PICKERING herein called the "Town" OF THE SECOND PART. WHEREAS, the Town owns and operates a multi-facility community centre known as the Claremont Community Centre, in the Hamlet of Claremont. in the Town of Pickering, hereinafter referred to as the "Community Centre" for the benefit of its citizens, particularly those residents in the Hamlet of Claremont and surrounding area; WHEREAS, the Club has provided certain management services to the Town with respect to other Town-owned facilities located within the Hamlet of Claremont since November 5, 1979 and wishes to also provide management services at the Community Centre; NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consideration of the mutual covenants and agreements herein contained and the sum of Two (2.00) Dollars paid by each party to the other (the receipt and sufficiency of which is hereby acknowledged), subject in the terms and conditions hereinafter set out, the Parties hereto agree as follows: 1. DEFINITION S (I) For the purpose of this Agreement "Premises" shall mean: (a) that portion of the Community Centre bein8 composed of the multi-purpose hall, the kitchen, the meeting room and adjacent hallways, washroom facilities and public cbangerooms. (2) For the purpose of this Agreement, "Management Services" shall mean: (a) the leasing of the Premises, or parts thereof, from time to time during the Term of this Agreement, to non-commercial leasees and third parties for non-profit functions, charity events, receptions and any other Town-approved purposes in accordance with the rental rates agreed to ber~veen the parties hereto in accordance with paragraph 7(e) of this agreement; (b) the provision ofcaretaking and general maintenance services to the Premises at the Club's expense, together with the provisions of all necessary cleaning and maintenance supplies such as cleaning products, related paper products and cleaning equipment; (c) snow removal on all sidewalks, walkways and all other areas of pedestrian passage at the Community Centre. The Club shall have use of the Premises and shall provide the Town with Management Services to the satisfaction of the Town for a three-year Term (the "Term") commencing on June I, 1997 and ending on May 31, 2000, unless earlier terminated. 3. MAINTENANCE, (a) The Town shall be responsible for all inspections and preventative maintenance with rc=pe~t to the exterior of the Community Centre, the heating equipment, transformer, parking lot and lights, exterior .:: landscaping and the ph:./sical structure of the building provided, however, that the Club slmll be responsible for any damages or costs incurred due to tha misuse or negligence ofthe Club, its employees, ~= tnvttees, servants, agents, or others under its control and the Club shall pay to the 'f'o~ on demand the Ii: expense of any re~.airs, including the Town's reasonable administration charge necessitated by such r negligence or misuse. (b) The Town shall be responsible for all day.lo.day operating expenses of the Premises including, hydro, water, heating, air conditioning, sewage disposal (including per~.odi¢ emptying of the septic tank) and garbage removal. The Town shall provide grass cutting and landscaping services and snow removal for the parking lot of the Community Centre only. The Club shall be responsible for snow removal on all sidewalks, walkways and other areas of pedestrian passage at the Community Centre. s~.__c,uparv The Club shall be responsible for the security of the Premises. The Club shall be responsible for any costs incurred or arising due to the misuse or negligence of the Club, its employees, invitees, servants, agents or others under its control and the Club shall pay to the Town on demand the expense of any repairs including the Town's reasonable administration charges necessitated by such negligence or misuse. The Club will ensure that no copies of the keys to the Premises are made without the prior written consent oftbe Town. 5. TOWN USE OF PREMISES (a) Notwithstanding any other provision of this Agreement, the Town and the Club acknowledge and agree that the Town will have first right of refusal to use the Premises, for the Town's Culture and Recreation Department programs including the Claremont and District Community Association program purposes or for any other Town purpose Monday through Thursday from 12:00 noon to 11:00 p.m. throughout the Term, at no cost to the Town. This right will be exercised by the Town on an "as needed" basis, on terms to be arranged between the parties hereto. The Town agrees to provide the Club with the specific dates and times that the Premises will be required for Town use, or for use by the Claremont and District Community Association, at least one month in advance of the required date. The Club will not be entitled to any rental l~es or other remuneration associated with the said use of the Premises by the Town or by the Claremont and District Community Association. (b) Th~ parties further agree that the Town will have exclusive use of the Premises for Town ?rograms every Friday from 5:00 p.m. to 12:00 midnight at no cost to the Town. (¢) The Club acknowledges and agrees that the Premises will be leased directly by the Town to the Claremont Co-operative Nursery School for the exclusive use by the Claremont Co-operative Nursery School for nursery school purposes from 7:00 a.m. to 12:00 noon Monday through Friday throughout the Term. The Club will no', be entitled to any rental fees or any other remuneration associated with thc said use of the Premises by the Ciaremont Co-operative Nursery School. 6. USE & OCCUPANCY OF PREMISES By,.THE CLUB The Club agrees to use. and ensure that the use of the Premises is in accordance with the Town's Alcohol Management Policy and the Tov.a's rules and regulations which are attached hereto as Schedules A and B. (a) Sharing of Use with Community Association The parties herein acknowledge and agree that the Club shall have the exclusive use of the Premises every Saturday throughout the year and New Year's Eve of each year throughout the Term; (b) Appearance of Premises The Club agrees to maintain and operate the Premises so that they shall always be of good appearance and suitable for the proper operation of the uses required to be carried on therein and comparable with the standards of the best s.ch uses. and in so doing, to keep both the interior and exterior of the Premises clean, orderly and tidy. and clear of all refuse, snow and ice; (¢) By-laws The Club agr~s to comply, at its own expense, with all Municipal, Federal and Provincial sanitary, fire, health and $af~qy laws. regulations and requiremants p~rtaining to the c~¢upation and use of th~ Premises, the condition of the improvements, trade fixtures, furniture and equipment instalkxl by or on I~half of the Club therein and the making by the Club of any repairs, changes or improvements therein, which t~paira, changes or improvements, shall be pre-approved by the Town in a¢cordanc~ with the provision~ of Clause 3 herein. 7, RENTAL REVENUEs (a) The Club shall pay to the Town a foe ~qual to 25% offl~ gross revenu~ collecaxl by the Club for their uso of the Pmmis~ on Saturdays throughout the Term, Co) The ClUb shall retain 100°A of the rental foes recovered for the Premises from all lease~ other than Town and the Claremont and District Community Association, Monday through Thursday from 12:00 noon to 12:00 midnight. (c) The applicable foe, as set out in ?(a) above, shall be paid by the Club to the Town, in lawful money of Canada, on Mm'ch 31st, June 30th, September 30th and December 1st of each year throughout the Term. and at the address of the Town set out in section 16(3Xa) or at such other place as the Town shall from time to time designate. (d) The Club shall submit a written report to the Town quarter-yearly which shall include financial statements setting out the details of the funds received by the Club from the rental of the Premises. (e) The Club agrees that it shall only charge such fees for the rental of the Premises at the rate that is approved by the Town from time to time. The Town and the Club shall establish the approved rental fee rate yearly throughout the Term. g. GENERAL COVENANTS (1) The Town covenants with the Club: (a) for quiet enjoyment; and (b) to observe and perform all covenants and obligations of the Town herein. (2) The Club covenants with the Town: (a) to pay rent; and (b) to pay all applicable taxes, including business taxes and goods and services taxes; and (c) to observe and perform all covenants and obligations of the Club herein. 9. PROHIBITION AGAINST ASSIGNMENT AND SUB-LETTING The Club shall not assign this Management Agreement without the prior written consent of the Town which consent may be arbitrarily withheld. 10. LEASEHOLD IMPROVEMENTS & TRADE FIXTURES (1) Definition of Leasehold Improvemeota For purposes of this Management Agreement, the Term "Leasehold Improvements" includes without limitation all f~a'ures, improvements, installations, alteratiov$ ai~d additions from time to time made, erected or installed by or on behalf of the Club in or on the :'remises, and whether or not moveable, with the exeaption of furniture and equipment not of the nature ~f fixtures. (2) Instailatio.n of Improvements & Fixtures The Club shall not make, c:ect, install or alter any Leasehold Improvements or Uade fixtures, including lighting, in or on the Premises without having first obtained the Town's written approval. The Club's request for any approval hereunder shall be in writing and accompanied by an adequate description of the contemplated work and, where appropriate, working drawings and specifications thereof. Ali work to be performed in the Premises shall be performed by competent contractors and subcontractors of whom the Town shall have approved, such approval not to be unreasonably withheld. All such work shall be subject to inspection by and the reasonable supervision of the Town, and shall be performed in accordance with any reasonable conditions or regulations imposed by the Town and completed in a good and workmanlike manner in accordance with the description of work approved by the Town. i · (3) Liens & Encumbrances on Im_~rovements-& Fixtures In connection with the making, erection, installation or alteration of Leasehold Improvements and · . t'uttures and all other work or installations made by or for the Club in or on the Premises, the Club shall comply with all the provisions of the Construclion Lien .,icl, and other statotes from time to time applicable thereto, including any provision requiring or enabling the retention by way of hold-back of potions of any sums payable, and except as to any such hold-back shall promptly pay all accoums ~ relating thereto. The Club shall not create any mortgage, conditional sale agreement or other , ~ encumbrance in respect of its Leasehold Improvements or, without the consent of the Town, with respect to its trade fixtures nor shall the Club take any action as a consequence of which any such mortgage, conditional sale agreement or other encumbrance would attach to thc Premises or any part thereof, if and · whenever any lien for work, labour, services or materials supplied to or for the Club or for the cost. of which the Club may be in any way liable or claims therefor shall arise or be filed or any such mortgage, conditional sale agreement or other encumbrance shall attach, the Club shall within 20 days after receipt of notice thereof procure the discharge thereof, including any certificate of action registered in respect of any lien, by payment or giving security or in such other manner as may be required or perm. ittcd by law, : and failing which the Town may in addition to all other remedies hereunder avail itself of its remedy under section 12 hereof and may make any payments required to procure the discharge of any such liens or encumbrances, shall be entitled to bc reimbursed by the Club as provided in section 12, and its right to reimbursement shall not be affected or impaired if the Club shall then or subsequently establish or claim that any lien or encumbrance so discharged was without merit or excessive or subject to any abatement, set-off or defence. This subsection shall not prevent the Club from mortgaging or encumbering its chattels, furniture or equipment not of the nature of fixtures. ~ (4) Additions and Alterations The Club shall not make any alterations or additions to the Premises without the prior written consen! of the Town's Director of Parks and Facilities. Any such pre-approved alterations, addition, or fixtures ! shall be added to the Town's inventory of fixtures, and shall form part of the Town's property. The Club acknowledges that it has no claim to any such alteration, addition or fixture upon the Termination of this Agreement. l !. INe~URANCE & LIABILITY (1} Club's Insurance The Club shall take out and keep in force during the Term: ~ (a) comprehensive insurance of the type commonly c;~led general public liability, which shall f include coverage for personal liability, contractual liability, Club's legal liability, non-owned ~ automobile liability, bodily injury, death and property damage, all on an occurrence basis with respect to the Club's use and occupancy of the Premises, with coverage for any one occurrence or claim of not less than $2,000,000, or such other amount as the Town may reasonably require upon not less than six months notice at any time during the Term, which insurance shall include the Town as a named insured and shall protect thc Tosvn in respect of claims by the Club as if thc t Town were separately insured; and ~ (b) insurance against such other perils and in such amounts as thc Town may from time to time ) reasonably require upon not less than 90 days written notice, such requirement to be made on ~he ~ basis that thc required insurance is customary at the time for prudent tenants of similar progerties. All insurance required to tm maintained by the Club hereunder shall be on Terms and with insurers to which the Town has no reasonable objection. Each policy shall contain a waiver by the insurer of any rights of subrogation or indemnity or any other claim over to which the insurer might otherwise be entitled against the Town or the agents or employees of the Town, and shall also contain an tmdertaking by the insurer that no material change adverse to the Town or the Club will be made, and the policy will not lapse or be cancelled, except after not less than thirty days written notice to the Town oftbe intended change, lapse or cancellation. The Club shall furnish to the Town, if and whenever requesmd by it, :ertificates or other evidences acceptable to the Town as to the insurance from time to time effected by the Club and its renewal or continuation in force, together with evidence as to the method of determination of full replacement cosI of the Club's Leasehold Improvements, trade fixtures, furniture and equipment, and if the Town reasonably concludes that the full replacement cost has been underestimated, the Club shall forthwith arrange for any consequent increase in coverage Rnluired hereunder. If the Club shall fail to take out, renew and keep in force such insurance, or if the submitted to the Town pursuant to the preceding sentence are unacceptable to the Town or no such evidences ate submitted within a reasonable period after request therefor by the Town then the Town may ~ive to tho ClUb written notice requiring compliance with this section and speci~ing the respects in which the Club is not then in compliance with this section. If the ClUb does not, within 72 hours or such le~er !~riod as tho Town may reasonably require having r¢~trd to thc urgency of thc situation, provide appropriate evidence of compliance with this section, the Town may, but shall nm be obliqued to, chain some or ali of the additional coverage or other insurance which the Club shall have fallad to obtain, without prejudice to any other rights of the Town under this Lease or otherwise, and the Club shall pay all premiums and other expenses incurred by the Town in that connection as additional rent pursuant to section 12 hereof. (2) Limitation of T0wn,s Liability The Town shall not be liable for any bodily injury or death of, or loss or damage to any property belonging to the Club or its employees, invitees or licensees or its guests, or to any other person in, on or about the Premises. (3) Club's Indemnification of Town The Club shall indemnify and save harmless the Town in respect of: (a) all actions, causes of actions, suits, claims and demands whatsoever, which may arise either directly or indirectly by reason of any act or omission of the Lessee, its servants, licensees, invitees, members, guests, contractors or agents in the use or occupation of the Premises; (b) any loss, cost, expense or damage suffered or incurred by the Town arising from any breach by the Club of any of its covenants and obligations under this Management Agreement; and (c) all costs, expenses and reasonable legal fees that may be incurred or paid by the Town in enforcing against the Club the covenants, agreements and representations of the Club set out in this Management Agreement. 12. TOWN'S ACCESS (1) The Club shall be responsible for minor repairs to the Premises, at its expense, reasonable wear and tear, fire damage, lightning damage and storm damage excepted. (2) The Town shall be permitted at any time and from time to time to enter and to have its authorized agents, employees and contractors enter the Premises for the purposes of inspection, maintenance or making repairs, and the Club shall provide free and unhampered access for the purpose, and shall not be entitled to compensation for any inconvenience, nuisance or discomfort caused thereby, but the Town in exercising its rights hereunder shall proceed to the extent reasonably possible so as to minimize interference with the Club's use and enjoyment of the Premises. 13. DELAY & NON-W AVER (!) Unavoidable Delay Except as herein otherwise expressly provided, if and whenever and to thc extent that either the To~ or the Club shall be prevented, delayed or restricted in the fulfilment of any obligation hereunder in respect oftbe making of any repair, the doing of any work or any other thing, other than the payment of rent or other monies due, by reason of: (i) strikes or work stoppages; (ii) inability to obtain any material, service, utility or labour required to fur . such obligation; (iii) any statute, law or regulation of, or inability to obtain any permission from, any government : authority having lawful jurisdiction preventing, delaying or restricting such fulfilment; or (iv) other unavoidable occurrence, the time for fulfilment of such obligation shall be extended during the period in which sm:h circumstances operates to prevent, delay or restrict the fulfilment thereof, and the other party shall nc4 be i~ entitled to compensation for any inconvenience, nuisance or discomfort thereby occasioned. ii'!: (2) Waiver ii~'I= · If either the Town or the Club shall overlook, excuse, condone or suffer any default, bret=ch or non- !~:: :: Observance by the other of any obligation hereunder, this shall not operate as a waiver of such obligation in n~sl~t of any continuing or subsequent default, broach or non-observance, and no such waiver ~11 ~ imPii~ but s~l on~ ~ off~tive if expr.~ in ~ting. 14. ~D~ES OF TO~ (I) In addition to all ~gh~ ~d rgm~ies o~ ~e Town available to it in ~e event of~y dgfault hereunder tho Club ~rou~ imp~r compli~co or non-compli~ wi~ ~y obligmion ~ising ci~cr ~r ~is or ~y o~er provision of~is Management A~ment or under s~te or ~ genial law, (a) the To~ shall have thc right at all times to remedy or a~mpt m remedy ~y default of thc Club. ~d in ~ doing may make ~y paymcn~ duc or alleg~ to ~ duc by the Club to third p~ics ~d may cater u~n thc Premises to do any wo~ or o~cr ~ings therein, and in such cvent all cx~n~s of~c To~ in ~m~ying or a~empting to ~m~y such default shall ~ payable by Club to ~e To~ ~ additional ~nt fo~w~th u~n dem~d; (b) thc To~ shall have thc ~mc rights and rem~ies in thc event of~y non-~ent by ~c Club of ~y ~oun~ ~yabic by ~c Club under ~y provision of~is ~anagement A~ment ~ in · c ~ ora non-payment of ~nt; ~d (c) if~e Club shall fail to ~y any rent or o~cr ~ount ~om time to time payable by it to ~e To~ hereunder promptly when due. the To~ shall ~ entitle, if it shall demand i~ to interest ~er~n at a rotc ofth~ ~r cent ~r annu~ in cxcc~ of the minimum lending rate to prime commercial ~owc~ ~om time to time cu~ent at the To~'s bank ~om ~c date upon which ~c ~me due until ~ payment ther~f. (2) Remedies Cumulative ~c To~ may from time to time re~ to any or all of the righ~ ~d remedies available to ~t in event of ~y default hereunder by thc Club, through impro~r compli~ce or non-compliance with obligation ~ising either undcr ~y provision of ~is ~anagement Agr~ment or under s~te or general law. all of which ~ts and rem~ies ~ intended to ~ cumulative ~d not alte~ative~ ~d express provisions hereunder ~ to ce~ain ~ght ~d remedies are not to ~ inte~rcted as excluding other or additional d~ and remedies available to thc Town by s~tu~e or the general law. (3) Right of Rc-En~ on ~fault or Te~ination If and whenever ~c ~nt hereby ~ed or other monies payable by the Club or any ~ thereof shall not ~ paid on ~ day appoint~ for pa~ent ~ereof. whe~er lazily dem~ded or no~ and ~e Club shall have fail~ to pay such rent or other monies wi~in five (5) business days a~er the Town shall have given to ~e Club amice requiring such ~ymen~ or if the Club shall breach or fail to observe and ~o~ ~y of ~e coven~ts, a~mcn~, provi~s, ~nditions ~d o~cr obligations on thc pa~ of ~c Club to ~ kcp~ obeyed or ~o~ hereunder, or if this ~agement Agreement shall have ~omc Te~inat~ puget m ~y provision her~f, or if~e To~ shall have ~come cntitl~ to Te~inate ~is M~agemcm ~m~t and sh~l have given notice Tc~inating it pursuit to any provision hereof. then and in eve~ such ~c it shall ~ la~l for thc Town thc~fler to cntcr into ~d u~n ~c Premi~ or ~y ~ ~e~f in ~e name of ~e whole ~d ~c ~c to have again, ~sscss ~d enjoy ~ of fo~cr c~. ~ing in ~is ~anagcment A~eement ~n~incd to ~e ~n~ no~iths~ding. (4) Te~i~tion & Re-En~ (a) Ifad whoever ~e To~ ~mes entitl~ to ~-enter u~n ~e Premises under any pmvisi~ of · is ~agement A~ment ~e To~, in ~dition to all o~er d~ts ~d remedies, shall · e 6~t to Te~inate ~is M~ment A~eement fo~wi~ by leaving u~n ~e P~mi~ notice i~ w~ting of such Teminafion. (b) '~ Te~ of~is A~m~t may ~ temin~ by ~er P~ u~n six m~'s noti~ ~ o~er in ~itin8. (c) ~ T~ of~ A~m~ may ~ te~inat~ by ~e To~ u~ ten day's n~i~ to ~ C~b in ~iting in ~ ~mt ~ &e i~u~ r~ui~ to ~ provid~ in ~cti~ i ! of this Ag~ent is nm prov~ ~ not kept in fo~. (d) In ~ ~ ~ ~is Ag~ment ~ te~inat~ by ~ To~ ~u~t to ~tion (a~ (b) ~ (c) a~ve, ~ T~ shall h~our ~y ~in~ pmvi~sly made wi~ ~ Club f~ ~ u~ of IMPROPER USE OF PREMISES: BANKRUPTCY In ca~ witbom lbs ~ ca~rtsem of the Town the Premises ~ail be used for any purpose othe~ than dm for which Ibey w~e leased, or occupied by any persons whose occupancy is prohibited by this Management Agreomant, or ifLbe Premi~e~ droll be vacated or abandoned, or remain unoccupied for fifteen (i~) days or mote while capable of being occupied; or if the balance of the Term or any oftha goods and chattels of the Club dali at any time be seized in execution or attachment, or if the Club shall mak,: any assignment for the benefit of creditors o~ any bulk sale, become bankrupt or insolvent or take the benef'rt of any statute now or heronfler in t'or~ for bankrupt or insolvent ~, then in any such case the Town may at its option Terminate this Management Agreement by lanvin& upon the Premises notice in writing of such Termination and thereupon, in addition to the payment by the Club of rent and other payments for which the Club is liable under this Management AgreemenL rent For the current month and the next ensuing 3 months shall immediately become due and paid by the Clui,,. 16. MISCELLANEOUS PROVISIONS (I) Re_eistratien of Manaeement A_ereemen_~ Neither the Club nor the Town shall register this Management Agreement or a notice of this Management Agreement. (2) ~anaeement A~recmcnt Constitutes Entire A£reem~ql There are no covenants, representations, warranties, agreements or conditions express or implied, collateral or otherwise forming part of or in any way affecting or relating to this Management Agreement rmve as expressly set out in this Management Agreement; this Management Agreement constitutes the entire agreement between the Town and the Club and ma)' not be modified except as herein explicitly provided or except by agreement in writing executed by the Town and the Club. (3) Notices Any notice required or contemplated by any provision hereof shall be given in writing, and (a) if to the Town, either delivered to the Town Clerk personally or mailed by prepaid registered mail addressed to The Town Clerk, The Corporation of the Town of Picketing, Picketing Civic Complex, One The Esplanade, Pickering, Ontario LI¥ 6K7; and (b) if to the Club, either delivered to The Claremont Lions Club, c/o the President or Secretary, at 1722 Joseph Street, Claremont, Ontario, L I Y 1B5 Every such notice shall be deemed to have been given when delivered or, if mailed as aforesaid, upon the third day after the day it is mailed. Either party may from time to time by notice in writing to the other, designate another address in Canada as the address to which notices are to be mailed to it. (4) !nteroretation All of the provisions of this Manage.aent Agreemenl are to be construed as covenants and agreements as though words importing such covenants and agreemen,o were used in each separate provision hereof, and thc titles and captions appearing for the provisions of this Management Agreement have been inserted as a matter of convenience and for reference only and in no way define, limit or enlarge the scope or meaning of this Management Agreement or of any provision hereof. (5) Extent of Mana;ement Atreem;nt Obligations This Management Agreement and everything herein contained shall enure to the benefit of and be i:il; binding upon the respective heirs, executors, administrators and other legal representatives, as ~ case may be, of each party hereto, and evay ret'erence herein to any party hereto shall include the bei~ i~? i;i : executors, administrators, and other legal representatives of such party. 7 : 8dmdules "A" and ~B" auadled hsmo form pan ot'this Atmeneni. IN WITNESS WHEREOf lha Parties 1~-~ have e)Lecu~ this Ir. da.~ute. THE. CLOT ~S CLUB THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs. Mayor Bruce Taylor, Clerk RI302 C~'nON O~ T~ TO W~ O!~ p!~z~.~_ a _ALCOHOL MANAOEMENT POLIC~ January 2, 1992 Tbx purpos~ of this Policy is to endeavo~ ~o ~ the appropriate management of the use and consumption of alcoholic beverages in municipally*owned facilities, to avoid related problems and to ensure the safety ~ well*bein~ of all participants and to protect the Corporation, its employees and volunteers. I. 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 Licence Board of Ontario at which alcoholic beverages may be consumed; (b) "closed private licensed function" means a licensed function determined by the Director to be closed to the general public and ora private nature; (c) "designated facility" means a Town-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 Town has granted written permission to use a designated facility for a licensed function; and (e) "Director" means the Town's Director of Community Services and Facilities, or the Director's designate. 2, DESIGNATED FACILITIES (1) The following are designated facilities for indoor licensed functions: (a) Brougham Community Centre, (b) Claremont Community Centre, (c) Don Beer Community Centre, (d) Dr. N. F. Tomlinson Community Centre, (e) East Shore Community Centre, (0 Green River Community Centre, (g) Greenwood Community Centre, (h) Mt. Zion Community Centre, (i) Picketing Civic Complex, O) Pickering Recreation Complex, (k) Seniors Centres, (1) West Shore Community Centre, (m) Whitevale Community Centre. (,,) C~mam ~ (b) Duamoore l~'L (0) Kinm~n ~ (d) Onlario Hydro Park, SAFE TRANSPORTATION (I) Only u~s implomonlin8 a safe mmsporlation maleSy (e.s., a designated &iver program, an alle~ml~ home transpormlion option) to ~'evem intoxicated pa~icipants from driving will be permiued m use desigrmted facililie~ for licensed functions. (2) The Director may require a potential user m demonstrate that such a strategy will be implemented by the user if wriRen permission to use the designated facility for a licensed function is grantod. 4. NO ALCOHOL ~NPLO_W AL~Q~OL (I) Only users offering a sufficient quantity of no alcohol and Iow alcohol drinks will be permitted to use designated facilities/hr licensed functions. (2) The Director may require a potential user to demonstrate that such a quantity of no alcohol and Iow alcohol drinks will be provided by the user if written permission to usc the designated facility for a licensed function is granted, 5, "STATEMENT OF INTOXICATION" SIGN (1) Users of designated facilities for licensed functions shall display prominently in the facility a sign or signs indicating that it is illegal to serve participants to a state of intoxication. Such signs shall read as follows: Town of Pickering - Department of Community Services and Facilities Statement of Intoxication It is contrary to thc Liquor Licence Act of Ontario to serve persons to intoxication. For this reason, servers in thi~ facility :,re required to obey the law and not serve anyone to intoxication, Should you wish a no alcohol or low alcohol "breather" round, request a soft drink, coffee, or smaller than usual portion of alcohol. (2) Signs shall be provided by thc Town to users for display by them in the designated facility during the licensed function, 6. 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 persons, and to remove such persons from thc 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 ii~. :i facility at all times durin$ the function; (C) ~ only an a~ of m~On~ ~ a photo drivers li~e~ ~ a ~ u (d) h~a~~~(~~~)in~i~ ~ n liM of ~ ~ of ~~, ~n!m~ ~ ~ ~ ~ Di~ (3) ~ Di~ ~y ~ a ~tenti~ by ~ ~ if ~ ~ission m ~ ~ ~i~ f~ili~ for a li~ f~ction is (4) Cloud ~va~ li~ ~lio~ of ~si~ f~ililies for clo~ p~va~ lice~ ~tio~ volubly ~ con~ls ~t out a~ve si~ ~y ~ ~t e~mpt from res~nsibility for compli~ ~ ~e law ~ ~or ~ ~b~e~ ~ ~ety o~ici~. sUP£RV~_SOR_,. MONITOR AND SERVER TRAINING (I) 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 ma)' be provided, at reasonnble cost, through the Department of Community Services and Facilities. (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 thc Policy; howe~er, 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 e,,~:mpt from responsibility for compliance with thc law and for the sobriety and safety of participants. 8. INSURANCE (1) Only users having a minimum of $1,000,000 third party general liability insurance coverage, naming "The Corporation of the Town of Picketing" as a co-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. 9. 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 telephon~ number of the user; (c) tho addmm ~ ~topho~ ~ of th~ n~uro~ Polic~ Smion; (d) ~ ~ R ~ nm~ ~ L~m Li~ ~ of~o; ~ ~ ~ ~ ~ ~ of ~ ~~ of C~y ~i~ ~ F~ili~. A ~ ~t ~~ ~y Town ~licy or ~ or ~y ~pli~le law ~y ~ re~ ~ion ~ ~ ~~ ~ilit~s f~ ii~ ~tio~, v ~ Di~s di~io~ (a) i~fini~iy, ~ ~il ~ ~ ~ ~~e m ~ Dir~s ~fisf~tion ~t a f~ I0. i~.~i~,~]~,.L.T H E POLICY The Department of Community Service~ and Facilities shall design and implement, in consultation with the Addiction Research Foundation. a strategy to orient all potential users to the requirements of thin Policy and to promote this Policy to the community a! large. SCHEDULE ROLES AND RF, GLJLA'IIONS Club will not place or allow to be plaid in the Premises corridors or public stairways any waste ~._,.~r_, dust, prbage, refuse or anythin~ whatever that would tend to make them unclea~ or untidy. 2. Washroom plumbiag fixtures and other water apparatus st~il not be used for any purpose other than rinse for which they were conslrucl~d, and no sweepings, rubbish, rags, asl~s or other substnnccs shall be thrown therein. The expense of any damage resulting by any misuse by the Club shall be borne by the Club. No animals shall be kept in or about the property nor shall the Club operate or permit to be operated any musical or sound producing instruments or device or make or permit any improper noise inside or outside the Premises which may be heard outside the Premises. 4, No one shall use the Premises for residential purposes, or for the storage of personal effects or articles other than those required for the business or activities of the Club. 5. No dangerous or explosive materials shall be kept or permitled to be kept in thc Premises. 6. The Club shall not and shall not permit any cooking in the Premises, except in a suitable kitchen zq~proved in writing by the Town. 7. The Club shall not bring in or take out, position, construct, install or move any safe, business machine or other heavy equipment without firsl obtaining the prior written consent of the Town. In giving such consent, the Town shall have the right in its sole discretion, to prescribe the weight permitted and the position thereof, and the use and design of planks, skids or platforms to distribute the weight thereof. All damage done to the Premises by moving or using any such heavy equipment or other equipinent or furniture shall he repaired at the expense of the Club. The moving of all heavy equipment or other equipment or furniture shall occur only at times consented to by the Town and the persons employed to move the same in and out of the Premises must be acceptable to the Town. Safes and other heavy equipment will be moved through the halls and corridors only upon steel bern-lng plates. No freight or bulky matter of any description will he received in the Premises except during hours approved by the Town. 8. The Club shall give the Town prompt notice of any accident to or any defect in the plumbing, heating, air-conditioning, ventilating, mechanical or electrical apparatus or any other part of the Premises. 9. The parking of automobiles shall be subject to the charges and the reasonable regulations of the Town. The Town shall not be responsible for damage to or theft of any vehicle, its accessories or contents whether the same be the result of negligence or otherwise. 10. The Club shall not mark, drill into or in any way deface the walls, ceilings, ~i pm'titions, floors or other parts of the Premises. wh~ or ~.n~ns_ of any kind d~atl bs introduo~ ~ ~ ~ ~ ~ of d~ Town, 12, TI~ C!ub shall no! alW any q~tz, isltu~ Ioc4~ ~ ~1 m ~ ~ = ~ ~ !3. ~ CI~ ~ ~ i~ ~ or ~t ~y ~ ~n~ 14. ~ ~ub ~1 ~ ~ ~y ~ ~ ~ ~ ~ w~ ~ ~ or ~ ~u~ ~yli~ ~ ~ o~p m ~ ~i~. 15. ~ Club ~! ~ ~it ~y ~ ~ ~yli~ ~ ~ ~ve~ or obs~ct~ in~y ~. 16. ~ Club ~i ~ ~ible for ~y inj~ or ~Se ca~ by nih or ~ow ent~n8 ~ P~mi~s ~u~ o~ wi~o~. 17. ~ Club s~l t~ve ~ P~mi~ ~ a cle~ ~ ~t~sfacto~ condition u~n expirat~n ~ o~ te~i~ion ofthis 18. ~e Club ~1 ~t ~il or ~it to ~ pl~ed ~y si~, adveni~ment, notice or ot~r display on ~y ~ of the P~mi~s or eisa'here ~'i~out the prior consent oF ~ To~. '~e Club, u~n ~st or ~ To~, s~ll i~edin~ly ~move ~y si~. ~ve~i~ment, noti~ or ot~r disp~y w~ch ~ Club ~ pl~ or ~ed to ~ plac~ ~'hich, in t~ opi~on of ~e To~, is obj~tio~ble ir ~e Club s~li fail to do ~, the To~ may r~ovc t~ ~e at ~e ex~n~ t~ Club, 19. ~ To~ sh~! have ~ d~t to ~e such o~ ~d f~ r~nable ~sulatio~ ~d m alter ~ ~e as in i~ j~ent ~y ~om dine need~! For ~e nre~, c~e, cle~liness and ap~ of ~c Premiss ~d for p~ation of g~ or~r t~rein, ~ t~ ~c sh~l ~ kept ~d obeyed by Club, i~ employees ~d ~. ~e To~ al~ h~ ~e d~t to sus~nd or c~cel ~y or nil of ~e ~les ~d regulations ~t out h~ein. conpo~'no~ OF m*m~ T_OW~{ OF ~c~mua DEPARTiVi~ OF..C. OM~~ _SERVICES AND FACILITIES ALCOHOL )vL~NAOEMENT POLICY January 2, !992 The purpose of this Policy is to endcavour to ensure the appropriate management of the use and consumption of alcoholic beverages in municipally-owned facilities, to avoid related problems and to ensare the safety and well-being of all participants and to protect me Corporation, its employees and volunteers. 1, DEFINITIONS In this Policy, the term, (a) "licensed fimction" means a function for which a permit has been issued by, or is otherwise licensed by, the Liquor Licence Board of Ontario at which alcoholic beverages may be consumed; (b) "closed private licensed function" means a licensed function determined by the Director to be closed to the general public and ora private nature; (c) 'designated facility" means a To~n-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 i'own has granted writlen permission to use a designated facility for a licensed function; and (e) "Director" means the Tovm's Director of Community Services and Facilities, or the Director's desi='nate. 2. DESIGNATED FACILITIES (I) The following are designated facilities for indoor licensed functions: (a) Brougham Community Centre, Co) Ciaremont Community Centre, (c) Don Beer Community Centre, (d) Dr. N. F. Tomlinson Community Centre, (e) East Shore Community Centre, (f) Green River Community Centre, (g) Greenwood Community Centre, CO) Mt. Zion Community Centre, (i) Picketing Civic Complex, (j) Pickering Recreation Complex, (k) Seniors Centres, (I) West Shore Community Centre, (m) Whitevale Community Centre. (2) Thc following are designated facilities for outdoor licensed functions: (a) Claremont Park, 0o) Dunmoore Park, (¢) Kinsmen Park, (d) Ontario Hydro Park. SAF£ TRANSPORTAT1Q~ (1) Only users implementing a safe transportation strategy (e.g., a designated driver program, an allemate home transportation option) to prevent intoxicated participants from driving will be permitted to use designated facilities for licensed functions. (2) The Director may require a potential user to demonstrate that such a strategy will be implemented by thc user if written permission to use the designated facility for a licensed function is granted. 4. NO ALCOHOL AND LOW AL(~OHOL DRINKS (I) Only users offering a sufficient quantity of no alcohol and Iow 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 quantity of no alcohol and low alcohol drinks will be l~rovided by the user if written permission to use the designated facility for a licensed function is granted. 5. !!STATEMENT OF INTOXICATION" SIGN (1) Users ofdesignated facilities for Ii ~ensed 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: Town of Picketing - Department of Community Services and Facilities Statement of Intoxication It is contrary to the Liquor Licence Act of Ontario to serve persons to intoxication. For this reason, servers in this facility are required to obey the law and not serve anyone to intoxication. Should you wish a no alcohol or low alcohol "breather" round, request a soft drink, coffee, or smaller than usual portion of alcohol. (2) Signs shall be provided by the Town to users for display by them in the designated facility during the licensed function. 6. ¥~- .... iCIPANT CONTROL (1) Only users providing sufficient controls to prevent underage, intoxicated or rowdy persons from entering the designated facility, to refuse service to such persons, and to remove such persons from the designated facility will be permitted to use designated facilities for licensed functions. (2) Such controls shall include the following: (a) having a supervisor in charge of the licensed function present in the designated facility at all times during the function; (b) ha¥inB at least two monitors at each entrance to the lic~nse~ f~tion at ali times during the function; (c) acceptin8 only an age of majority card, a photo driver's licence or a passport as identification for entry; (d) having a monitor or monitors (other than entrance monitor) in thc 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; (0 using monitors and servers who do not consume s. lcoho! during the function; and (g) providing a list of the 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. 7. SUPERVISOR. MONITOR AND SERVER TRAINING (1) Only t:r. ers 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 reasonable cost, through the Department of Community Services and Facilities. (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 permissio~ 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. 8. INSURANCE (1) Only users having a minimum of $1,000,000 third party general liability insurance coverage, naming "The Corporation of the Town of Pickering" as a co-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. 9. 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 .~1 telephone number of the rcpre~ntative of thc user responsible for the ~unction; (c) the address and telephone number of the nearest Police Station; (d) the address and telephone number of the Liquor Licence Board of Onlafio; and (e) ~he address and telephone number of the Department of Community Services and Facilities, (2) A user that con~avencs any Town policy or procedure or any applicable law may bc refused permission to use designated facilities for licensed functions, at the Director's discretion, (a) indcf'mitcly, or (b) until thc user can demonstrate to the Director's satisfaction that a further contravention shall not occur, 10. PROMOTING THE ?QL~!~TY. The Department of Community Services and Facilities shall design and implement, in consultation with the Addiction 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. 1~7101/mi~dlkeheLdo~ 4 !1-1 SCHEDULE "B" RULES AND REGULATIONS 1. Sidewalks, entry passages and common stairways shall not be obstructed or used for any other purpose than for ingress and egress to and from the Premises. The Club will not place or allow to be placed in the Premises corridors or public stairways any waste paper, dust, garbage, refuse or anything whatever that would tend to make them unclean or untidy. 2. Washroom plumbing fixtures and other water apparatus shall not be used for any purpose other than those for which they were constructed, and no sweepings, rubbish, rags, ashes or other substances shall be thrown therein. The expense of any damage resulting by any misuse by the Club shall be borne by the Club. 3. No animals shall be kept in or about the property nor shall the Club operate or permit to be operated any musical or sound producing instruments or device or make or permit any improper noise inside or outside the Premises which may be heard outside the Premises. 4. No one shall use the Premises for residential purposes, or for the storage of personal effects or articles other than those required for the business or activities of the Club. 5. No dangerous or explosive materials shall be kept or permitted to be kept in the Premises. 6. The Club shall not and shall not permit any cooking in the Premises, except in a suitable kitchen approved in writing by the Town. 7. The Club shall not b~-ing in or take out, position, construct, install or move any safe, business machine or other heav~/equipment without first obtaining the prior written consent of the Town. In giving such consent, the Town shall have the right in its sole discretion, to prescribe the weight permitted and the position thereof, and the use and design of planks, skids or platforms to distribute the weight thereof. All damage done to the Premises by moving or using any such heavy equipment or other equipment or furniture shall be repaired at the expense of the Club. The moving of ail heavy equipment or other equipment or furniture shall occur only at times consented to by the Town and the persons employed to move the same in and out of the Premises must be acceptable to the Town. Safes and other heavy equipment will be moved through the halls and corridors only upon steel bearing plates. No freight or bulky matter of any description will be received in the Premises except during hours approved by the Town. 8. The Club shall give the Town prompt notice of any accident to or any defect in the plumbing, heating, air-conditioning, ventilating, mechanical or electrical apparatus or any other part of the Premises. 9. The parking of automobiles shail be subject to the charges and the reasonable regulations of the Town. The Town shall not be responsible for damage to or theft of any vehicle, its accessories or contents whether the same be the result of negligence or otherwise. r 10. The Club shall not mark, drill into or in any way deface the walls, ceilings, ~ partitions, floors or other parts of the Pr~mises;