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HomeMy WebLinkAboutOES 13-09 City REPORT TO EXECUTIVE COMMITTEE PICKERING Report Number: OES 13-09 06 Date: April 14, 2009 From: Everett Buntsma Director, Operations & Emergency Services Subject: Pickering Potter's Studio - Licence Renewal Agreement - File: A-1440 Recommendation: 1. That Report OES 13-09 of the Director, Operations & Emergency Services be received; 2. That the Mayor and the Clerk be authorized to execute a licence renewal agreement to which the Pickering Potter's Studio will be permitted to continue to operate pottery programs at the Pickering Recreation Complex from April 1, 2009 to March 31, 2012, that is in the form and substance acceptable to the Director, Operations & Emergency Services and the Chief Administrative Officer. Executive Summary: The Pickering Potter's Studio have an existing licence agreement to provide instructional pottery programs at the Pottery Studio at the Pickering Recreation Complex. The Pickering Potter's Studio have requested to renew this agreement for a further three years. The Operations & Emergency Services Department recommends that a renewal agreement be initiated with the Pickering Potter's Studio Financial Implications: Revenues: 2009 9 months @ $750 per month $ 6,750 2010 12 months @ $750 per month $ 9,000 2011 12 months @ $750 per month $ 9,000 2012 3 months @ $750 per month 2,250 $ 27,000 Report OES 13-09 April 14, 2009 Subject: Pickering Potter's Studio Page 2 Licence Renewal Agreement 07 Sustainability Implications: The exceptional programs for all members of the family enhance the existing Pickering Recreation Complex and are consistent with the City's mandate to encourage the development of active, healthy lifestyles. Background: On February 20, 2006 Council enacted Resolution #20/06 to authorize the execution of a licence renewal agreement with the Pickering Potter's Studio to permit the private operation of instructional pottery programs at the Pickering Recreation Complex. The pottery programs operated by the Potter's Studio enhances the role of the Pickering Recreation Complex by providing a creative outlet and environment for a wide range of residents, young and old, from beginner to expert. Many groups and hundreds of individuals have benefitted from participating in a variety of affordable courses offered. This business is owned and operated by Guida Pirita. The Director, Operations & Emergency Services and Division Head, Culture & Recreation recommend that a renewal agreement be initiated with the Pickering Potter's Studio to ensure the pottery programs can continue operation. The renewal agreement allows the Pickering Potter's Studio to continue to provide instructional pottery programs at the Pickering Recreation Complex for a term of three years at a rental rate of $750 per month. Attachments: 1. Licence Agreement dated April 1, 2009. CORP0227-07/01 revised Report OES 13-09 April 14, 2009 Subject: Pickering Potter's Studio Page 3 08 - Licence Renewal Agreement Prepared By: Approved/Endorsed By: Sharon ilton Everett Bu sma Supervisor, Facility Programs Director, Operations & Emergency Services Stephe 0l Division Head, Culture & Recreation SR:lg Copy: Chief Administrative Officer (Acting) Chief Administrative Officer Director, Corporate Services & Treasurer City Solicitor Recommended for the consideration of Pickerin City Council VV7 Thomas J. ui , RDMR, M III Chief Administrative Officer CORP0227-07/01 revised a"iA$.,ia's+ oc's (S-o9 pace i of 5 THIS LICENCE AGREEMENT is made as of April 1, 2009. BETWEEN: GUIDA PIRITA, carrying on ~10, business as the Potters Studio' (the "Potters Studio") - and - THE CORPORATION OF THE CITY OF PICKERING (the "City") WHEREAS the City owns the Pickering Recreation Complex located at 1867 Valley Farm Road in the City of Pickering which contains a pottery classroom, glaze room and kiln room (collectively, the "Pottery Facilities"); and WHEREAS the Potters Studio wishes to use the Pottery Facilities for the purpose of operating a pottery studio; and WHEREAS the City is prepared to grant a licence to the Potters Studio to use the Pottery Facilities for such purpose on the terms set out in this Licence. NOW THEREFORE the City and the Potters Studio agree as follows: Licence 1. The City grants to the Potters Studio a licence to occupy and use the Pottery Facilities for the purpose of operating a pottery studio. Term 2. The term of this Licence shall be three (3) years commencing April 1, 2009 and ending March 31, 2012 unless terminated earlier in accordance with the provisions of this Licence. 3. Either the Potters Studio or the City may terminate this Licence prior to the expiry of the term by giving 90 days written notice to the other. Fees 4. During the term, the Potters Studio shall pay to the City the fixed sum of $9,000.00 (plus GST) per annum in equal monthly payments of $750.00 (plus GST) payable on the 1st day of every month. 2~ aF s 5. The Potters Studio shall provide post-dated cheques prior to the beginning of the term and prior to the beginning of each calendar year thereafter, payable to the City, in the amount set out in Section 4. Operation 6. The Potters Studio shall, (a) comply strictly with all applicable laws, by-laws, rules and regulations governing the operation of the Pottery Facilities; (b) only operate the Potters Facilities during the times and on the days agreed to by the City; (c) provide and pay for all personnel and supplies required for its purposes; (d) obtain all necessary permits, licenses and approvals that may be required in connection with the operation of the Pottery Facilities; and (e) maintain the Pottery Facilities in a clean, sanitary and attractive condition satisfactory to the City throughout the term and, at the end of the term, repair or replace any damages to the Pottery Facilities save and except reasonable wear and tear. 7. The Potters Studio shall keep and maintain the Pottery Facilities and all equipment owned by the City and set out below in a state of good maintenance, cleanliness and repair: ITEM(S) SERIAL NUMBER 7 Shimpo Pottery Wheels 0830829 1 Triple Beam Scale 0830858 Firecraft Kiln (Model BX 28270) 026642 Firecraft Kiln (Model BX 23270) 057017 Firecraft Kiln (Model BX 23270) 057016 4 Ware Trucks 0839860 1 20" Slabroller Dual Roller Dr. 0850622 1 Ware Truck - (8.5 shelves) 0860139 1 Glaze Screen (100m) 0870174 1 Bluebird Pottery Mixer N/A 3 P.S.H. Wheels N/A 3 Shimpo RK10 Wheels N/A 1 Lighted Display Case (with glass doors and shelves) N/A 4 Motorized Kickwheels N/A 2 ~Ck, aF.. S 1 1 8. The Potters Studio shall be responsible for maintenance of its own property and equipment. 9. The City reserves the right to close all or parts of the Pottery Facility as required for maintenance from time to time. The Potters Studio shall have no right to claim for any losses or damages arising from such closures by the City. 10. The City assumes no responsibility to the Potters Studio for the temporary or unavoidable interruption of the supply of electrical power, heat or other utilities due to any cause whatsoever. The City shall use reasonable diligence to restore any such services whenever they are interrupted. Insurance 11. The Potters Studio, at its own expense, shall provide, (a) comprehensive general public liability insurance, identifying the City as an additional insured, including coverage for personal injury, contractual liability, non-owned automobile liability, death and property damage, on an occurrence basis with respect to the business carried on at the Pottery Facilities and the Potters Studio's use and occupancy of the Pottery Facilities with coverage for any one occurrence or claim of not less than $2,000,000, which insurance shall protect the City in respect of claims by the Potters Studio as if the City was separately insured; and (b) a certificate of insurance coverage in a form satisfactory to the City, which insurance coverage shall be kept in full force and effect throughout the term. 12. The Potters Studio shall not do or omit or permit to be done anything that causes any insurance premium of the City to be increased, and if any insurance premium shall be so increased, the Potters Studio shall pay to the City forthwith upon demand the amount of such increase. If notice of cancellation or lapse shall be given respecting any insurance policy of the City or if any insurance policy shall be cancelled or refused to be renewed by an insurer by reason of the use or occupation of the Pottery Facilities, the Potters Studio shall forthwith remedy or rectify such use or occupation upon being requested to do so in writing by the City and if the Potters Studio shall fail to do so the City may, at its option, terminate this Licence forthwith by notice to the Potters Studio and the Potters Studio shall immediately vacate the Pottery Facilities. Liability and Indemnification 13. The City shall not be liable to the Potters Studio for any loss of or damage to the Pottery Facilities or any equipment or inventory in it, whether caused by fire, 3 ATTACHMEN E I ces 13-09 fcAx theft, burglary or otherwise, unless such loss or damage was caused by the negligence of the City, its servants, agents or employees. 14. The Potters Studio shall indemnify the City and each of its servants, employees and agents from and against all actions, suits, claims and demands which may be brought against any of them, and from and against all losses, costs, charges, damages and expenses which may be sustained by any of them as a result of the Potters Studio's use and occupation of the Pottery Facilities. Default 15. If at any time the Potters Studio is in default in the performance of any of the obligations under this Licence and such default continues for 15 days after the receipt by the Potters Studio of notice from the City setting out the particulars of such default, the City shall have the right to terminate this Licence forthwith and thereupon all the rights of the Potters Studio under this Licence shall immediately cease and the City shall not be liable for payment to the Potters Studio of any moneys whatsoever by reason of such termination. General 16. The City shall have the right to enter the Pottery Facilities at any time for any reason provided all reasonable efforts are made to minimize any disruption to the Potters Studio's use of the Pottery Facilities. 17. The Potters Studio shall not exhibit or allow to be exhibited any sign, notice, notice board, painting, design or advertisement without the prior consent of the City. 18. The Potters Studio shall not alter, add to or vary in any way any part of the Pottery Facilities without the prior approval of the City. 19. This Licence shall not be assignable by the Potters Studio without the consent of the City, which consent may be arbitrarily refused. 20. This Licence shall ensure to the benefit of and be binding upon the parties and their respective successors and permitted assigns. 21. No amendment to this Licence shall be effective unless it is in writing and signed by both parties. 4 i .BhCP-Ei',tr~' I ~~S t3- OCI 22. (1) Any notice to the City under this Licence shall be in writing and shall be delivered to the following address: Pickering Civic Complex One The Esplanade Pickering, ON L1V 6K7 Attention: City Clerk (2) Any notice to the Potters Studio under this Licence shall be in writing and shall be delivered to the following address: 422 Meadowvale Road Scarborough, ON M 1 C 1S5 Attention: Guida Pirita (3) Notice shall be sufficiently given if delivered in person or sent by registered mail or sent by facsimile transmission during normal business hours on a business day. (4) Each notice sent shall be deemed to have been received on the day it was delivered or on the third business day after it was mailed. (5) The parties may change their address for notice by giving notice to the other in the manner provided in this Section. IN WITNESS WHEREOF the City and the Potters Studio have signed this Licence. Guida Pirita THE CORPORATION OF THE CITY OF PICKERING David Ryan, Mayor Debi A. Wilcox, Clerk 5