HomeMy WebLinkAboutBy-law 4036/92 T~!iE CORPORATION QETHE T~N O_F_PICKERIN_G
_BY-LAW N_O.~. 4036/92
Being a by-law to authorize the execution of an
Agreement with Pickering Hockey Association
Incorporated for the operation of the Don Beet' Arena
Pro Shop fi'om September 1, 1992 to April 30, 1994.
WHEREAS, pursuant to the provisions of the CommuniO, Recreation Centres Act, R.S.O. 1990, chapter
C.22, section 2, the Council of The Corporation of the Town of Picketing enacted on February I, 1988,
By-law 2662/88, establishing certain facilities including the Don Beer Sports Arena as Community
Recreation Centres to be operated by the Town in accordance with that Act; and
WHEREAS, pursuant to the provisions of the Municipal Act, R.S,O. 1990, chapter M.45, subsection
191(1), the Council of The Corporation of the Town of Picker'mg may enact a by-law for, inter alia,
operating places of recreation and arenas;
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 an Agreement, in the form attached
hereto as Schedule A, between The Corporation of the Town of Pickering and Pickering
Hockey Association Incorporated, pursuant to which Picketing Hockey Association
Incorporated will operate an arena pro shop in the Don Beer Sports Arena from September 1,
1992 to April 30, 1994.
BY-LAW read a first, second and third time and finally passed this 15th day of June, 1992.
Brace Taylor, Clerk
--Town OF
pIC~&ERINCJ
ACPROVEO
A3 I0 FORM
LEGAL DEPT,
SCHEDULE A
THIS AGREEMENT made this 15th day of Sune, 1992.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
herein called the "Town",
OF THE FIRST PART,
and
PICKERING HOCKEY ASSOCIATION INCORPORATED
herein called "PHA",
OF THE SECOND PART.
In consideration of the terms, covenants and conditions set out herein, ',he Town and PHA agree as
follows:
1. In this Agreement, the term,
(a) "Arena Pro Shop" means a facility for the supply, rent or sale of items and services
relating to ice hockey, skating, figure skating and ringette;
(b) "Director" means the Town's Director of Community Services and Facilities or any
deputy thereof; and
(c) "Don Beer Sports Arena" means the Town-owned two-pad ice arena located at 940
Dillingham Road, Pickering.
2. The Town hereby grants to PHA the right to operate an Arena Pro Shop at the Don Beer Sports
Arena in space allocated from time to time for that purpose by the Director during the following
periods:
(a) September l, 1992 to April 30, 1993, both inclusive, and
(b) September 1, 1993 to April 30, 1994,
herein collectively called the "term" of this Agreement.
3. (1) PHA shall operate the Arena Pro Shop during the full term hereof, keeping it open to
the public every day therein, between,
(a) 6:00 p.m. and 10:00 p.m., local time, Monday through Friday, and
(b) 8:00 a.m. mad 9:00 p.m., local thne, Saturday and Sunday,
subject to alteration for holidays or other reasons only with the prior written approval of
the Director,
(2) Despite the provisions of subsection (1), in no event shall the Arena Pro Shop be open
before 7:00 a.m. or after 11:00 p.m., local time, on any day.
4. (l) PHA shall supply all equipmem required for the operation of the Arena Pro Shop at its
own expense.
(2) The Town shall provide electrical power for the operation of the Arena Pro Shop at its
own expense.
(3) PHA shall pay all realty, business or other taxes or rates that may be levied against the
lands upon which the Don Beer Sports Arena is located, against the Arena Pro Shop or
against PHA as a result of its operation of the Arena Pro Shop.
5. PHA shall comply with all reasonable standards set by the Director for the operation and
maintenance of the Arena Pro Shop in keeping with the standards set for the operation and
maintenance of the facility in which it is located.
6. PHA shall be solely responsible for the Arena Pro Shop and the maintenance thereof, and for all
persons and prope~y at any time therein; the Town shall not he liable for any loss, damage and
injury, including loss of life, however occurring, unless caused or contributed to by the neglect
or the default of the Town.
7. PHA shall, at its expense, arrange and maintain $1,000,000 of general liability insurance
indemnifying the Town from and against all claims, demands, loss, costs, damages, actions, suits
or other proceedings by whomsoever made, sustained, brought or prosecuted in any manner
based upon, occasioned by or attributable to anything done or omitted to be done by PHA in its
operation of the Pro Shop.
8. For the right granted to it herein, PHA shall pay to the Town the sum of $4,400, payable in equal
monthly instalments of $275 on the 1st of each of September, 1992 to April 30, 1993, both
inclusive and September 1, 1993 to April 30, 1994, both inclusive, or as otherwise may be
satisfactory to the Director.
9. (1) This Agreement shall expire at 11:00 p.m., local time, on April 30, 1994.
i2) Either PHA or the Town may terminate this Agreement prior to its expiry by giving 90
days written notice to the other.
(3) Upon expiry or earlier termination of this Agreement, PHA shall cease the operation of
the Arena Pro Shop and forthwith remove its equipment, shelving and supplies without
causing any inconvenience to the Town and without causing any damage to the Don
Beer Sports Arena.
10. (l) Any notice or application required to be given or made hereunder shall be given or
made in writing and sent by prepaid first class mail or delivered to:
the Town at: One The Esplanade, Picketing, Ontario LIV 6K7
Attention: Director of Community Services and Facilities
PHA at: 891 Finch Avenue, Picketing, Ontario L1V I J4
Attention: The President
Every notice or application given or made in accordance herewith shall be deemed to
have been given or made on the second day after it is mailed or personally delivered.
(2) This Agreement shall enure to and be binding upon the Parties hereto and is not
assignable by either Party to any other person, including an unincorporated association.
IN WITNESS WHEREOF the Town and PHA have hereunto affixed their corporate seals, attested to by
their duly authorized officers.
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Anhurs, Mayor
Brace Taylor, Clerk
PICKER_lNG HOCKEY ASSOCIATION INCORPORATED
Len Quigley, President
Bob Armstrong, Treasurer