HomeMy WebLinkAboutBy-law 5078/97BY-LAW
REPEALED BY
REPEALS
AMENDED BY . ~
AMENDS
DISPOSITION
THE CORPORATION O[ T~-JE TOWN OF PICKER[NO
BY,LAW NO, 5078/97
Being a by-law to authorize the execution ora Licence
Renewal Agreement between Gay Liddell and Robert
Liddeil. carrying on business as "The 'Fuming Point" and
The Corporation of the Town of Picketing respecting !he
operation of the pottery studio at the Picketing Recreation
Complex from September 7, 1997 to September 6, 1999.
WHEREAS, pursuant to subsection 207(58) of the Municipal Act, R.S.O. 1990. c. M.45, the Council of
the Corporation of the Town of Picketing may pass by-laws fur the operation and managemenl o f places
of recreation and similar buildings;
AND WHEREAS, the Pickering Recreation Complex is a place of recreation containing a pottery studio
therein;
AND WHEREAS, The Corporation of the Town of Pickering and Gay Liddell and Robert Liddell
carrying on business as "The Turning Point". entered into a Licence Agreement tbr the potter},' studio
located at the Picketing Recreation Complex on July 17, 1995, which agreement expires on September
6, 1997;
AND WHEREAS, Gay Liddell and Robert l,iddell, wish to renew the said Licence Agreement for a
further term of two years;
NOW THEREFORE, the Council of thc Corporation of the Towt~ of Pickering tlEREB¥ ENACIS AS
FOLLOWS:
I. The Mayor and Clerk are hereby authorized to execute a renewal of the Licence Agreement,
substantially in accordance with the form attached as Schedule A hereto, between Gay Liddell
and Robert Liddell. carrying on busines,:- as "The Turning Point" and The Corporation of the
Town of Picketing respecting the operation of the potter)' studio at the Pickering Recreation
Complex from September 7. 1997 to September 6. 1999.
BY-LAW read a first, second and third time and finally passed this 5th day of August, 1997.
TOWN OF'
;':?q ;~ ;i~O [ Wayne Arthurs, Mayor
RI I01(/I}
LICENCE RENEWAL AGREEMENT made this 6th day of September, 1997.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE FIRST PART,
- and -
GAY LlDDELL and ROBERT LIDDELL.
carrying on business as
~1 HE TURNING POINT
hereinafter called the "Company"
OF THE SECOND PART.
WHEREAS the Town is the owner of the Pickering Recreation Complex. located at 1867 Valley Farm Road,
Picketing, which facility is a place of recreation containing a pottery studio, hereinafter retbrred to as the
"Pottery Studio":
AND WHEREAS by Licence Agreement dated the 4th day of August. It,~93 (hereinafter c:dled thc "Licence
Agreement"), the Town licensed to thc Compan,~ a portion of thc Pickcring Recreation Complex referred to as
the Pottery Studio, as more particularly described therein, lot a term expiring on the 6th day of September,
1995;
AND WHEREAS By-Law 4648/95 passed b.~ Council on thc 17th day of Juls'. 1995, authorized the renewal of
that Licence Agreement for a further tem~ of Ixvo )'ears commencing September 7. 1995 and expiring September
6, 1997;
NOW THEREFORE THIS AGREEMENI WFFNESSE'FH that in consideration of the premises and other good
and valuable consideration and the mutual convenants contained herein the parties hereto agree each with the
other as follows:
1. The Licence Agreement attached as Schedule A hereto, is hereby further renewed fi~r a tem~ of two (2)
years commencing on the 7th day of September, 1997 and ending on the 6th day of September. 1999.
Such renewal to be upon the same terms and conditions as contained in the Licence Agreement save mid
accept for the following:
Section 3 of the Licence Agree~nent shall be deleted and replaced by the following:
3. (a) The Company shall pay to the Town alee of $550.00 per month for the exclusive right to use
and occupy the pottery studio during the term, such fee being payable in cash or by' certt,'/~ed
cheque, in equal monthly im'tallments commencing September 7. 1997.
Section 8(I ) of the Licence Agreement shall be deleted and replace by the following:
8 (1) Notwilhstanding anything hereinbefore contained, should the Town determine that it requires
the area in which the Pottery Studio is Iocated.[br an), purpose, the 7bwn ma)' terminate this
~tgreement upon three month ~' prior written notice to the Company.
2. The Licence Agreement shall continue in full three and effect except as otherwise ~! out herein.
3. This ',ndcnturc shall enure to the benefit of and be binding upon the parties hereto and their respective
successors and assigns.
IN WITNESS WHEREOF the parties hereto have hereunto set their corporate seals attested to by the hands of
their proper officers in that behalf fully authorized.
SIGNED, SEALED AND DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
.
In the presence o~
~ Seal
Ga) l.iddcll
( Seal }
Robert l.iddcll
RIIOI
THIS LICENCE AGREEMENT made Ausust 4, 1993, pursuit lo tl~ provisio.s of section 207 57 of
lire Afu;,ic'ipal Act. R S.O. 1990. chaplet M.45.
BETWEEN:
GAY LIDDELL and ROBERT LIDDELL,
cmryin8 git bosiile~ a~
TJ t E _ T.U f~J.H_O J'D_[H~
he~eb~ c~lled the
OF TIlE I:IRST PART,
- and -
he~eLn eaJled the "Town",
OF 'TILE SECOND PART
WIIEREAS the Town is tile o~,ner of the Picke~b'~g Recieafion Complex, Iocatcd ar 1867 Valley Farm
Road, Picke~ lng. which facility i~ a place of ~ec~eafion containing a po.try studio; ~d
WiIEREAS Ihe Company ~ishes lo have the exclusive use of Ihe polte~ sludio mid ce~taln equipment
therein fo~ the ~mpose of p~o~iding polleD' instruction to Iht public $tibjecl !o cenain lenns and
comlilions;
NOW 'TtlEREFOR~ Tills AGREEMENF WI i~E~SEI'II fl~nL h~ conside~a6on of flse mutual
covcnanl~ nnd agleements conlained herein, the ~alti¢~ helelO agree a~ follows:
DEFIHI IH)NS
I. In Ibis Ag~eemenL tile lenn,
(a) "Dcl~amnenl" means II~e Town's Depa~hnenl of Communil)' Services and Fncililies.
(b) "Picketing Rec~en~ion Complex" means tl~e Town's Picketing Recreation Complex
Iocnted at 1867 Valley Farm Road. l'icke~ing, On~ndo;
(c) "po.e~y studio" means the po.e~ studio located on the first floo~ of fl~e Pickem~g
Rec~ealion Con plex,
TL'RM OF 1'ite LICENCE
2. The Town grants Io lhe C'ompan¥ lhe exclusive righl to use ,'uM occupy the ptmcry sttldio foe a
period beginning ScF~ember 7, 1993 nnd ending Seplembe~ 6, 1995 (herein c~lled tile "Tenn")
I'o~ Ihe puq',ose of p~oviding pollery inslruction Io the public.
FEE FOR TIlE LICENCE
3. 'l'he Con,irony shall pay lo Iht Town a fcc of $12,000 fo~ rise exch,sive liEla Io Iss¢ ami occupy
rile poHery sludio during Ibc tenn, such fee being payable in cash o~' by ce~,ified cheque in 24
equal monthly install,nenls of $500 beginning Septembe~ 7. 1993.
TERMS AND CONDillONS OF Tile LICENCE
4. The Company, ils servants, ,agents aqd employees, shMI comply slriclly wilh all at',plicable
slalutes, laws, by-laws, orders, ntles, ~'egulalio,ts mid policies governing the operation of the
PickeHng Rectealion Complex and Ihe polle~ sludio and the conducl of fl~e businesses of
Compm~y and of tl~e Town, including but not Ihnited Io MI applicable hcnhh and safe~y
~egulnllon$ govemb~g the conduct and operation of the pollery studio.
5. ~e Company shall,
(a) indemnify Ibc Town for any cosls, clnim~ or damages from any loss. damage or injury,
includb8 loss of life. to any person or pro~ay a~ m~y time in Sr ne~ tl~e po.c~ studio
o[ Ihe Picke~bg Recreation Complex however such loss, damage o~ injury may ~cur;
(b) provide ~,t ils ezpen~ and keep in force dufhqi the Tenn. [o~ tit ~[~(it of the
o~ more ~sons. or of d~na~e to pm~ny. ~ An amoum not Jess th~ Sl .~,~;
(c) ,leposil wilh Ihe Town. ~fme lhe ~gbmin~ of d~e Term. a certificate of b~sutance
ve~ d~at a gonetM linb~ity ~sutance pohcy in t~ ~nount of at least $1.~.~}
in place b~ a form salisfaclo~ ~o the Town;
(d) oblaM ~1 necess~ ~nnils, licences ~d approves,
(e) keep Ihe polle~ s!udio b~ go~ ~epai~ and maimai~ die ~o!!e~' sIudio ~d all
Town-owned equipmem therein or ~elated Ihe~elo at a high level of
leave the polle~ sludio in a heal. lidy a~d clean cm~dition al d~e end of II~e Term and
repair or te~lace ~¥ dmnages to d~e ~lle~ studio ~d ali Town-owned equipmem
II~¢te~ or related the~elo excepI ~easonable wear a~d ~e~;
(g) oblaii~ linc appsovM of the Depnttmenl Lefme Ml~ing. ~clclb~g to ot varying in any why
nil or ~y p~ of Ihe pot~e~ studio or d~e Town-owned equipment tl~eteb~ or reJa~ed
d~erelo. In~e ~y apptoveo ~tera~ion. addition or v~iation al the Company's sole
expense, and IrmlSfe~ ownelship lhcleof Io Ihe Town al the end of Ihe Term;
(h) ~ny ~! re,IV, bus,ess ot oll~er laxes ot tares Ihal m~)~ [~ levied agM~sl tl~e Town.
ticketing Recreation Complex or die potte~, studio ns a result of the Company's use
occupation of tl~e po~le~' studio;
(i) p~ovide and pry for all ~sonnet. equipmenl ~M supplies for Ihe purpose o[ ils
opctalion of polle~ ~reglnm~ in the ~ouer)' studio;
keep the Town free f~om ~y costs originating flora or ~sociated wid~ ll~e
(k) ensure that il operales its pollery programs o~d~ during the operaling hours of iht
Pickerin8 Recreation Complex;
(I) provide a safe and goal ~l;m(Imd of se[vice to Ihe pq~blic pa;licipn~ing in its
p~ogtams in the pottery studio
6. 'Hie Town shall,
(a) supjaly electrical power, heat. ail conditioning adlcl waler !o Ihe poller)' studio and
8ad~age ~rmoval facdities available Io the Company at the Picketing Recreation
Complex;
(b) p{ovide electrical, plumbing, fire Mann and air conditioning main~ennnce and ~epa~;
(e) noti~ the Company in advance of m~y plmmed inlerruplion lo lhe supply of eleclfical
power, heal, a~ con~lilioning and wa~e[ Io Ihe potleD, sludio:
{d) notify the Comply as soon as possible of any unexl~c~ed inte~n~plion Io tl~e suppl)' of
electrical power, heal, ab conditioning m~{I water lo lhe poller), studio;
(e) ensure that tl~e ~llery studio m~d all Town-owned eq~ipmenl therein o~ ~elaled the~elo
i$ in good and safe working o~der al Ihe beginning of d~e
(0 prohibit displays, table, shows or b~[icades in fionl of tl~e windows of the potle~
studio, or biockin8 access lo the polte~ atudlo, except wilh Ihe consent of
Comply; and
(g) ~nnit Ihe Comp~ to o~[ale ils potle~ programs al ~y Ihl~e or times dining
o~talb~g hours of Ihe Picketing Recreation Complea;
{h) i~nnil Ihe Company, ils aerv~d$, agenl$ and employees, Io have access lo lhe polteq,
sludio at any l~ dur~}g the Term, whelhe~ of nol ll~e Picketing Rec{eation Complea
o~rating, for die pu~ose of ~afely gaining access Io the kiln or kilns dining filing
cycles; mid
{i) provide up lo Iwo pages bi lhe DepaUn~nl's aeasonM ntw$1eue~a !o promote
Company's potlc~p[0gr~na at Ihe polle~ aludio.
LIMITED LIABIUTY OF THE TOWN
7. The Town shaU nm be liable !o the Company for,
(a) m~y loss of or dama~te fo die Company's eqnipmem, supplies m i)~od.cls, ~hell~
caused by fbe, theft, bufgl~ or o(lle~ise, unleas such los8 or (Iml)nge was caused by
Ihe .~rols ~egl~gence of the Town, its selva~d~, a&enl~ o~ esnpIoyees;
elecllical ~wel, heal, ab condilioning ol wnlet !o Ihe poHe~' studio as a ~es~l! of
of God, w~, tiol, insurrection, labout inle~upfious, s~[ikes, w~kouls ot luckou~s,
mech~qic~ fa~ute~, or od~et ci~cumslances ~)'ond lhe Fown's
EARLY TERMINATION
8. (l) Eilh¢~' pazly may Icrmb~ale th;s Agleemenl upon Ihle¢ monlh's wlillell ilolice Io tile
other.
(2) Holice of eaHy lenninalion may ~ given by l~tSonnl delivery or segisle~ed maU,
(a) b~ the case of tl~e Owner, Io eidtet Gay Liddell ot Rol~r~ Liddell al 17~0
Fo~b~k $~reeL R R ~1, Picketing, O:~io LIV 2P8; a~d
(b) in Ihe c~e of Ihe Town, Io ll~e Town Clerk, 'rhe Co,:rorn,ion of Ihe 'rown of
Picke~g. Picke6n8 Civic Complex. One ~e EspIm~ade, rickeHng, Omario
LIV 6K7.
{3) Each pa~y may ~ede~ig,~ale Ihe person o~ Ihe add~ess, o[ boils, Io whom or Io which
(4) A,y notice g~ven in acc~.~dance ~gilh this secti,n ~hall I~ deemed Io h;ive hcc~l given on
llse ~econd day follo~i,g d~e day of delivery o~ rise day of maillng, as rise case may [~
(5) In Iht evenl of emly termination. II1¢ fcc payable ,y Ibc Company lo Ihe 'Fo~vn I.u~suant
Io seclion 3 shall be p~o ~ased Io Ihe dale of early ~erminalion, and if llecessary. Ihe last
ins~alhnenl sh~l ~ pio-~aled acco.lingly.
ASSIGNMENF. BINDING NAT{ LRE AND IH~HI:I:I F IIt~I~EOF
9. (I) This Agreement is nol a~signable by rise Company xvilhout the coastal of Ihe Town.
which consent may be asbis~ily lefused.
(2) ~is Ag~eemcn~ sh~l enme ~o d~e ~nefi~ of and t~ bind~g upon ~l~e Pa~lies hereto and
lhei~ ~esl~clive heir~, admi~fi~llalols, executors, successms m~d assigns.
IN W~N~SS WItEREOF ~he ~rsons comprising II~e Company have hc~eunlo affixed lhei~ hands and
se~s ~d lhe Town has he~eun~o alfred ils cospo~ale se~. atlesled by Ihe h~ds of i~s au~l~osized
office~s.
SIGNED. SEALED ~D DE~VERED
Til~ CORPO~'~ON OF TllB T(JWN OF
.*o.,.~m~m C,H, T~ ~ff[e]d~ Clerk PrO ~