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HomeMy WebLinkAboutBy-law 5062/97 REPEALED BY ,~ REPEALS . AMENDED BY , ~ AMENDS DISPOSITION THE CORPORATION OF THE TOWN OF P!CKERING : _BY-LAW NO. 5062/97 Being a by-law to authorize the execution ora Licence Agreement, jbr the period August 1, 1997 to April 14, ! 998, between The Pickering Ajax Italian Social Club and the Corporation of the Town of Pickering respecting the placement ora portable structure in ('entennial Park. WHEREAS, pursuant to the provisions of sections 191 of the Municipal Act, R.S.O. 1990, chapter M.45, the Council of the Corporation of the Town of Picketing deems it desirable to enter into a Licence Agreement for the period August 1, 1997 to April 14. 1998, respecting the placement of a portable structure owned by the Pickering Ajax Italian Social Club within Centennial Park to be used by the Club for the purposes of storing equipment and tbr the purpose of a meeting place for Club members while using the bocce courts located within Centennial Park; NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: I. The Mayor and Clerk are hereby authorized to execute a Licence Agreement between the ~ Pickering Ajax Italian Social Club and The Corporation of the Town of Picketing for the purpose of allowing the Club to place a portable structure owned by the Club into Centennial Park, to be used for the purpose of storing equipment owned by the Club and for the purpose of a meeting place for the Club's members while using the bocce courts located within Centennial Park, which agreement shall be prepared substantially in accordance with the form attached as Schedule '~A" hereto. BY-LAW read a first, second and third time and finally passed this 5th day of August, 1997. Wayne Arthurs, Mayor THIS LIC£NCE AGREEMENT mad0 this 22nd day of July, 1997. BETWEI~N: PICKERING AJAX .ri'ALlAN SOCIAL CLUB (hereinafter called the "Club") OF THE FIRST PART. and THE CORPORATION OF THE TOWN OF PICKERING (hereinafter called the "Town") OF THE SECOND PART. WHEREAS the Town is the Owner of Centenmal Park located on Block 92, Plan 40M-1440, Picketing; AND WHEREAS the Club is a legally incorporated non-profit association which operates bocce courts located in Centenmal Park for the benefit of its members; AND ¥~rIEREAS the Club is the sole beneficial Owner of a portable structure which the Club wishes to place in Centennial Park for exclusive use by the Club, subject to certain terms and conditions: NOW THEREFORE THIS AGREEMENT WITNESS£TH that in consideration of the mutual covenants and agreements contained herein, the Parties hereto agree as follows: CONFIRMATION OF RECITALS 1. The parties hereto acknowledge and confirm that the recitals contained herein are tree in substance and in fact. DEFINITIONS 2. In this Agreement. the term, (a) "Departmenf' means the Town's Department of Parks and Facilities; Co) "Park" means that portion of Centennial Park located on Block 92, Plan 40M-1440, Picketing, as set out by hatched lines on the sketch attached hereto and marked as Schedule A to this agreement; (c) "Portable" means the portable classroom building being approximately 40 feet wide by 60 feet long, owned by the Club. TERM OF THE LICENCE 3. The Town grants to lhe Club the exclusive right to place the Portable within the Park and tc the exclusive use of that portion of the Park as outlined in Schedule A attached hereto, for the period beginning on the 1st day of August' 1997 and ending on April 14, 1998 (hereinafter called the "Term"). The Portable shall only be used for the purpose of the storage of equipment related to the use of the bocce courts located wilhin the Park and for the purpose of a meeting place for members of the Club while using the bocce courts. Provided there has been no breach of any of the terms or pmvisious of this Agreement by the Club, as determined solely by the Town's Director of Parks and Facilities, the Club shall have a fight to renew this Agreement for a further term of five (5) years c~mmencing on the 1Sth day of April, 1998 and ending on the 15th day of November 2003. 5. The Club shall be entitled to store the Portable on the lands throughout the Term and any renewal Term. But the parties agree that the Portable will only be used by the Club between the hours of 8:00 a.m. and 11:00 p.m., Monday through Sunday, commencing April 15 and ending November 15 in each calendar year throughout the Term and any Renewal Term. The Club agrees to remove the Portable from the Park and to restore the Park, at the sole cost and expense of the Club, at the end of the Term or any Renewal Term, as the case may be. 6. Iflt~e Club wishes to renew lifts Agreement after April 14, 1998 it shall request an extension to the Term, in writing, to the Town on or before November 1, 1997. ff the Town does not agree to an extension or renewal of this licence on or before November 15, 1997 and if the Club does not remove the portable within 30 days of being requested to do so in writing by the Town, then the Town shall be entitled to remove the Portable from the Park and to and dispose of the Portable at the sole cost and expense of the Club. In such event the Town shall not be liable in any way to the Club regarding any damages to the Portable. FEE FOR THE LICENCE 7. The Club shall pay to the Town a fee of $50.00 per annum for the exclusive right to use and occupy that portion of the Park during the Term and the Renewal Term, such fee being payable in cash or by certified cheque in the amount of $50.00 per annum, payable on the first day of August 1997 for the Term. Thereafter the sum of $50_00 shall be due and payable on or before the 15 day of April, throughout the Renewal Term, commencing on April 15, 1998. 8, The Club agrees to pay to the Town a fee to cover the costs of preparation of this Legal Agreement in the amount of $200.00. TERMS AND CONDITIONS OF THF LICENCE 9. The Club, its servants, agents and employees, shall comply strictly with all applicable statutes, laws, by-laws, orders, rules, regulations and policies governing the operation of the Park and lhe Portable and the conduct of the businesses of the Club and of the Town, including but not limited to all applicable health and safety regulations governing the conduct and operation of the Park. 10. The Club shall, (a) indemnify the Town for any costs, claims or damages from any loss, damage or inju~, including loss of life, to any person or property at any time in or near the Portable however such loss, damage or injury may occur; (b) provide at its expense and keep in force during the Term, and any renewal Term for the benefit of the Club and the Town, general liability insurance in respect of injury to or death of one or more persons, or of damage to property, tn an amount not less than $1,000,000; (c) deposit with the Tow~ before the beginning of the Term, and any renewal Term, a certificate of insurance verifying that a general liability insurance policy in the amount of at least $1,000,000 is in place in a form satisfactory to the Town; (d)obtain ~1 necessa~ permits, licences and approvals, including site plan approval ~om the Town and a building permit prior to locating the Portable in the Park; : (e) keep the Portable in good repair and maintain the Portable and lands surrounding the Potable a~ a high level of cleanliness; (f) leave the Park in a neat, tidy and clean condition at the end of the Term and any renewal Term as ~he case may be, and immediately repair or replace any damages to the Park from tho placement or removal of the Portable from the Park. (g) obtain the approval of the Town's Director of Parks and Facilities before altering, adding to or varying in any way all or any part of the Portable; (h) keep the Town free from any costs originating from or associated with the Club's operation or the operation of the Club's programs in the Por~le; (i) ensure that it uses the Portable only during the operating hours of 8:00 a.m. to 11:00 p.m., Monday through Sunday, commencing April 15 and ending on November 15 in each calendar year throughout the Term and any renewal Term; (j) refrain from serving alcohol or allowing the consumption of alcohol within or around the Portable unless the required liquor licencedpermit necessary to permit the sale of alcohol for special occasions has been obtained by the Club; (k) refrain from interfering with the enjoyment of the Park by any member of the public; (!) supply electrical power and heat to the Portable, at its own expense; (m) permit the Town, its servants, agents and employees, to have access to the Portable at any time during the Term, whether or not the Club is operating, for the purpose of conducting inspections in the Portable: (n) shall not advertise or place signage of any kind on the outside of the Portable or in the windows of the Portable, without the prior approval of Picketing Council; and (o) clear snow and ice from the Portable steps and from any walkways leading to the Portable at its own expense. 11. The Club shall provide the Town, prior to the issuance of a building permit and prior to locating the Portable in the Park, a security in the form of either cash or an irrevocable letter of credit issued by a chartered bank in Canada in the amount of $2,000. Such security may be drawn upon by the Town in such amounts, and at such times and the Town, in its sole discretion deems advisable, for the purpose of maintaining the Portable on the Park should the Owner fail to maintain the Portable and/or the Park to the Town's satisfaction. The Town shall also be entitled to draw upon the security to cover any costs incurred by the Town in removing the Portable from the Park, disposing of the Portable and restoring the Park, should it become necessary for the Town to do so as a result ora breach of this Agreement by the Club, or in the event that the Club abandons the Portable at the end of the Term and any Renewal Term. 12. .The Town shall not be liable to the Club for any loss of or damage to the Portable, the Club's equipment, supplies or products, whether caused by fire, the~ burglary, or by the removal of the Portable damag.~d by the Town or otherWase. 13. All property of the Club or members of the public at any time on the land shall be at the sole risk of the Club (or members of the public, as the case may be provided that such member of the public has voluntarily assumed such risk which transfer or risk shall be the responsibility of the Club) and the Town shall not be liable for any loss or damage thereto however occurmg and the Club releases the Town from all claims and demands in respect of any such loss or damage. 14. The Club shall assume all liability and obligation for any and all loss, damage, or injtu>., including death, to persons or property that happens as a result of or arises out of the use and occupation of the Park by the Club or its members and the club shall at all times indemmfy and save harmless the Town from and against all such loss, damage, or injury and all actions, suits, proceedings, costs, charges, damages, zxpenses, claims or demands arising therefrom or EARLY TERMINATION 15. (a) Notwithstanding the provisions of this Agreement, either party may terminate Otis Agreement upon prior written notice to the other. (b) Notice of early termination may be given by personal delivery or registered (i) in the case of the Club, to The Picketing Ajax Italian Social Club, 1550 Kingston Road, Suite #1001, Picketing, Ontario, LIV 6W9, Attention: Alessandro Saltarelli; and (ii) in the case of the Town, to The Town Clerk, The Corporation of the Town of Picketing, Picketing Civic Complex, One The Esplanade, Picketing, Ontario, LIV 6K7. (c) Each party may redesignate the person or the address, or both, to whom or to which such notice may be given by giving written nOUce to the other. (d) Any notice given in accordance with this section shall be deemed to have been given on the second day following the day of delivery or the day of mailing, as the case may be. ASSIGNMENT, BINDING NATURE AND BENEFIT HEREOF 16. (a) This Agreement is not assignable by the Club without the prior written consent of the Town, which consent may be arbitrarily vathheld (b) This Agreement shall enure to the benefit of and be binding upon the Parties hereto and their respective heirs, administrators, executors, successors and assigns. lN WITNESS WHEREOF the persons comprising the Club have hereunto affixed their hands and seals and the Town has hereunto affixed i~s corporate seal, arrested by the hands of its authorized officers. SIGNED, SEALED AND DELIVERED PICKERING AJAX ITALIAN SOCIAL CLUB I/We have the authority to bind the corporation. THE CORPORATION OF THE TOWN OF PICKER1NG