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HomeMy WebLinkAboutBy-law 4014/92 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 4014/92 _ Being a by-law to authorize the execution of an Arena Board Advertising Agreement with Street Level Media Inc. for the period September 1, 1992 to August 31, 1997. WHEREAS, the Don Beer Arena and the Recreation Complex Arena are community recreation centres operated by the Town in accordance with the provisions of section 2 of the Communi~ Recreation Centres Act, R.S.O. 1990, chapter C.22; NOW THEREFORE the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute an Arena Board Advertising Agreement with Street Level Media Inc., in the form attached hereto as Schedule A, between The Corporation of the Town of Picketing and Street Level Media Inc., respecting advel~ising on arena boards at the Don Beer Arena and the Recreation Complex from September 1, 1992 to August 31, 1997. BY-LAW read a first, second and third time and finally passed this 15th day of June, 1992. ~, ,cting Mayo~ Brace Taylor, Clerk TOWN OF ~ICKERING APPROVED AS TO FORM LEGAL OEPI, SCHEDULE A THIS ADVERTISING AGREEMENT made 1992, BETWEEN: STREET LEVEL MEDIA INC.. herein referred to as the "Company", OF THE FIRST PART - and o THE CORPORATION OF THE TOWN OF PICIfI~RINC,? herein referred to az the 'Town", OF THE SECOND PART. WHEREAS, pursuant to the provisions of the predecessor of section 2 of the Community Recreation Centres Act, R.S.O. 1990, chapter C.22, the Council of the Town enacted on February 1, 1988, By-law 2662/88, establishing certain facilities, including the Don Beer Sports Arena and the Town of Picketing Recreation Complex, az community recreation centres to be operated by the Town in accordance with the Ac~; NOW THEREFORE THIS AGREEMENT WITNESSETH THAT, in consideration of the sum of $2.00 now paid by each Party to the other, receipt of which by each is hereby acknowledged, the Parties hereto ague az follows: I. In this Agreementl the term, (a) "Complex Arena" means that portion of the Town's Recreation Complex at 1867 Valley Farm Road, Pickering, used for ice skating and ice hockey purposes, whether or not it is actually being used for the purposes at any time; (b) "Don Beer Arena" means those portions of the Town's Don Beer Sports Arena at 940 Dillingham Road, Pickering, used for ice skating and ice hockey purposes, whether or not they are actually being used for the purposes at any time; (c) "arena boards" means the playing surface side of the boards surrounding Ice Pads No. 1 and 2 at the Don Beer Arena and the ice pad at the Complex Arena. 2. The Town hereby grants to the Company the exclusive right to place advertisements in 2.4 metre lengths on the arena boards from September 1, 1992 to August 31, 1997 (herein called the "term") subjeci to the terms and conditions herein set forth. 3. The Company shall supply, at no cost to the Town, all labour, materials, tools, equipment, appliances, travel and freight to perform the service herein described to implement its right to advertise on Town arena boards. 4. Advertisements placed on the arena boards shall be made of a water resistant substance capable of withstanding the normal wear and tear associated with such arena boards without tearing or being damaged in such a manner as to affect adversely the surface of either the arena boards or the ice. 5. The Company shall place all advertisements on the arena boards at its cost and at a time or times and in a manner or manners satisfactory to the Town. 6. The Company shall be responsible for replacing any damaged or defaced signs and ensuring that the signs are maintained in a good condition and pleasing appearance. 7. All advertising signs shall remain the propemy of the Company, despite the fact that they may be affixed to the Town's premises. 8. (1) No advertisement placed on any arena boards pursuant to this agreement shall advertise, promote or mention in any way, (a) cigarettes, cigars or any other tobacco products; (b) liquor, wine, beer or any other alcoholic beverage; or (c) soft drinks, fruit drinks, potable waters, flavoured milks or any other non-alcoholic beverage, including any syrup and preparation from which they may be made, except those which from tirae to time are manufactured and sold or distributed and sold by Coca-Cola Ltd. (2) Any advertisements to be placed on the arena boards shall be of moral and reputable character and the Company shall forthwith remove from any arena board any advertisement that the Town, in the reasonable exercise of its discretion, desires removed. (3) The Town will not accept advertising of questionable .taste or which is irritating in its content or method of presentation. (4) Advertising must be free from offensive references or racial matters. (5) Advertising calling for the advocacy of, or opposition to, a political point of view, policy or action is prohibited. (6) Advertising advocating the name of any political party is acceptable. (7) Advertising advocating the candidacy of an individual may be accepted providing the content is in keeping with all guidelines and that the message centres generally on the candidate's name and party affiliation, the office being sought, election date or other such information pertinent to the election. (8) Advertising which tends to disparage a candidate or party or cause will not be allowed. (9) Advertising informing the public of the specifics relating to a meeting, gathering or event will be permitted if the information is confined to subject, name of speaker, location, date and time of event. (10) Religious advertising which promotes a specific ideology, ethic, point of view, policy or action, which in the opinion of the Town is deemed prejudicial to other religious groups or offensive to users of the community centres, is not permitted. Religious advertising will be permitted if the information is designed to promote a specific meeting, gathering or event, ff the information is confmod to subject, name of speaker, location, date and time of event. (11) Although the Town is guided by the Canadian Code of Advertising Standards, the Town is the sole and final arbiter in all matters relating to the Don Beer Arena and Complex Arena advertising acceptance. The Town may refuse or order removal of any message at any time, at its discretion. (12) The Company shall indemnify and save the Town harmless against any and all claims for damages and from all liability, loss and expenses arising from or caused by an alleged libellous or obscene advertisement or notice or any alleged copyrighted matter in any advertisement or notice. 9.. (1) For the right hereby granted to it, the Company shall pay to the Town the amount of $21.00 ~er month plus G.S.T. for each 2.4 mel~e arena board advertisement placed by it at any tune during the term hereof. (2) The payment of amounts payable by the Company under subsection (1) shall be made in quarterly instalments, commencing on the lust day of December, 1992. (3) If default of any payment to the Town shall continue for a period of thirty days, the Town may elect to terminate the agreement and remove all advertising from the arena boards without notice to the Company. 10. The Company agrees that in the performance of this agreement it will abide by the terms hereof from which no change, alterations, or modification shall be made or binding upon the Town unless authority has been given by the Town in writing to the Company. 11. The Company agrees to indemnify and save harmless the Town for all actions, suits, claims, demands and costs arising by reason of injury or death to any person resulting from the work herein described. 12. The Company will render the Town free from any liability which might arise from any breach of the municipal, provincial or federal regulations, ordinances, by-laws and laws and from any debts or obligations contracted by the Company or its employees in conjunction with the performance of this agreement. 13. (I) The Company agrees to maintain during the term of this agreement the following insurance with insurance companies satisfactory to the Town: (a) Comprehensive liability insurance which shall include contractual liability coverage for liability including claims that might be brought against the Town by any employee of the Company or any sub-contractor and Company's protective coverage for all sub-contracted operations; and (b) Advertiser's liability insurance which shall include contractual liability coverage for liability including claims arising out of libel, slander, unauthorized use of ideas or other material, invasion of privacy. (2) Each insurance policy shall provide a combined single limit of at least one million dollars ($1,000,000) for any one occurrence or accident for all claims arising out of personal injuries (including death) and damage to the property of others and shall include the Town as a named insured. (3) Prior to the commencement of the agreement, the Company shall furnish the Town with an original certified copy or certificate of each policy with an undertaking from the insurance company that such insurance will not be cancelled or reduced in coverage without thirty days (30) prior notice by registered mail to the Town. Should the Town be of the opinion that the insurance taken by the Company is inadequate in any respect for any reason whatsoever, it shall forthwith advise the Company of such opinion and the reasons therefor. The Company shall forthwith take out insurance of a character satisfactory to the Town. The taking out of ~ insurance as ~foresaid shall no~ relieve the Company of any of its obligations under the agreement. 14. (1) Any notice, document or other communication required or penni,ed to be given hereunder shall be in writing and shall be sufficiently given if sent by prepaid mail or delivered, (a) in the case of the Company, to The President Street Level Media Inc. Suite 216 445 Applecreek Boulevard Markham, Ontario L3R 9X7 and (b) 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 6K? (2) Each Party may redesignate the person or the address, or both, to whom or at which such notice, document or other communication shall be given by giving written notice to the other in accordance with this section. (3) Any notice, document or other communication given in accordance with this section shall be deemed to have been given on the first business day following the day of mailing or the day of delivery, as the case may be. 14. Should a dispute arise from the terms and conditions of this agreement regarding meaning, intent or ambiguity, the decision of the Town shall be final. 15. Upon the expiry of the term of this agreement or any renewal thereof, the Company agrees to remove all advertisements placed by it within 30 days. If such advertisements are not so removed, the Town may do so charging the Company with all reasonable expenses for so doing. 16. (1) This Agreement and everything herein contained shah extend to, bind and enure to the benefit of the Parties hereto. (2) This Agreement is not assignable, in whole or in part, by either Party. IN WITNESS WHEREOF, the Parties hereto have hereunto affrxed their respective corporate seals, duly attested by their proper authorized officers. SIGNED, SEALED & DF. LIVERED STREET LEVEL MEDIA INC. Barry Sambrook, President Mike Riddeli, Secretary-Treasurer THE CORPORATION OF THE TOWN OF PICKER1NG Wayne Arthurs, Mayor Brace Taylor, Clerk 4