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HomeMy WebLinkAboutBy-law 3181/89 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3181/89 Being a by-law to authorize the execution of an Agreement between The Corporation of the Town of Picketing and Street Level Media Inc. for the provision of advertising at the Recreation Complex Arena and the Don Beer Arena from August 1, 1989 to July 31, 1994. WHEREAS the Don Beer Arena and the Recreation Complex Arena are community recreation centres operated by the Town in accordance with the Community Recreation Centres Act, R.S.O. 1980, chapter 80; and WHEREAS, pursuant to section 210.57 of the Municipal Act, R.S.O. 1980, chapter 302, The Council of The Corporation of the Town of Picketing may enact a by-law, inter alia, operating 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 Picketing and Street Level Media Inc. for the provision of advertising at the Town of Picketing Recreation Complex and the Don Beer Sports Arena from August 1, 1989 to July 31, 1994. By-law read a first, second and third time and finally passed this 19th day of June, 1989. / ~/ .l~ruce TayloP, C~rk THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3181/89 Being a by-law to authorize the execution of an Agreement between The Corporation of the Town of Picketing and Street Level Media Inc. for the provision of advertising at the Recreation Complex Arena and the Don Beer Arena from August 1, 1989 to July 31, 1994. WHEREAS the Don Beer Arena and the Recreation Complex Arena are community recreation centres operated by the Town in accordance with the Community Recreation Centres Act, R.S.O. 1980, chapter 80; and WHEREAS, pursuant to section 210.57 of the Municipal Act, R.S.O. 1980, chapter 302, The Council of The Corporation of the Town of Picketing may enact a by-law, inter alia, operating 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 Street Level Media Inc. for the provision of advertising at the Town of Picketing Recreation Complex and the Don Beer Sports Arena from August 1, 1989 to July 31, 1994. By-law read a first, second and third time and finally passed this 19th day of June, 1989. Wayne- ArtiSts, Mayor ~ruce Taylor, C~r~ Schedule A THIS AGREEMENT made June 19, 1989. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING herein called the "Town" OF THE FIRST PART, and STREET LEVEL MEDIA INC. herein called "SLM" OF THE SECOND PART. WHEREAS, pursuant to the provisions of section Z(1) of the Community Recreation Centres Act, R.S.O. 1980, c. 80, 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, as community recreation centres to be operated by the Town in accordance with the Act; NOW THEREFORE THIS AGREEMENT WITNESSETtt THAT, in consideration of the terms, covenants and conditions contained herein, the Town and SLM agree as fol- lows: 1. In this Agreement, the term, (a) "Complex Arena" means that portion of the Town's Recreation Complex at 1867 Valley Farm Road, Picketing, 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 all of the Town's Don Beer Sports Arena at 940 Dillingham Road, Picketing, except that portion thereof which comprises the Don Beer Community Centre. 2. (1) Subiect to the terms, covenants and conditions set out herein, the Town hereby grants to SLM during the term hereof the right of advertising in or on certain advertising devices at the Don Beer Arena and the Complex Arena, as follows: (a) Don Beer Arena south-east entrance one exterior illuminated display case, maximum size 2.0m x 1.3m; (b) Don Beer Arena Ice Pad No. 1 east wall - one interior illuminated display case, maximum size 4.0m x 2.0m; (c) Don Beer Arena Ice Pad No. 2 east wall - one interior illuminated display case, maximum size 4.0m x 2.0m; (d) Don Beer Arena ice resurfacing machine - two un-illuminated surfaces (one each side), maximum size (each surface) 1.8m x 0.6m~ (e) Complex Arena east entrance one exterior illuminated display case~ maximum size 2.0m x 1.3m; (f) Complex Arena - four interior illuminated display cases (two each end), maximum size (each case) 4.0m x 2.0m; (g) Complex Arena centre ice score clock - eight illuminated panels, maximum size (each panel) 1.0m x 1.0m. (2) SLM shall supply and install the devices referred to in 2(1)(a), (b), (c) and (e) at no cost to the Town; those devices shall remain the personal property of SLM despite the fact that they may be affixed to the premises. (3) The Town shall supply and install the devices referred to in 2(1)(d), (f) and (g) at no cost to SLM~ those devices shall remain the property of the Town despite any right or obligation respecting them granted to or imposed upon SLM herein. 3. (1) The Town shall supply, install and maintain all required electrical ser- vice~ including all conduit and cable, to all the advertising devices at no cost to SLM. (2) The Town shall supply all required electrical power to all the devices at no cost to SLM. (3) SLM shall repair and maintain, including cleaning, painting and replace- ment of electrical bulbs and tubes, to the Town's satisfaction, the devices referred to in 2(1)(a), (b), (c), (e) and (f) and the advertising portion of the devices referred to in 2(1)(d) and (g). 4. (1) Advertisements placed on the ice resurfacing machine shall be made of a water resistant substance capable of withstanding the normal wear and tear associated with such a machine without breaking, tearing or being damaged in such a manner as to affect adversely the surface of either the boards or the ice. (2) All other advertisements placed on an advertising device shall be made of ~Lexan~ or a material of similar weight and properties. (3) SLM shall place all advertisements on the devices at its cost and at a time or times and in a manner or manners satisfactory to the Town. 5. (1) ' No advertisement placed on any advertising device 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 prepara- tion from which they may be made, except those which from time to time are manufactured and sold or distributed and sold by Coca-Cola Ltd. (2) SLM shall reserve one advertising space of approximately 1.0m x 1.0m on the Complex Arena centre ice score clock for the exclusive use of the Town at no cost to the Town. (3) SLM shall reserve the centre "changeable letter event" space on the Complex Arena east entrance display case for the exclusive use of the Town at no cost to the Town. 6. (1) For the right hereby granted to it, SLM shall pay to the Town, for each contract year during the term hereof, the greater of: (a) a sum equal to 40% of the gross revenue received by SLM during the contract year with respect to advertising placed pursuant to the right hereby granted; and (b) $7,840.00. (2) The sum required to be paid by SLM under 6(1) shall be paid in, (a) eleven equal monthly instalments of $650.00, one payable on the 20th day of each of the first eleven months of the contract year; (b) one instalment of $690.00, payable on the 20th day of the twelfth month; and (c) one instalment of the amount by which the sum referred to in 6(1)(a) exceeds $7,840.00, payable within 90 days of the end of the contract year. (3) Within 60 days after the end of each contract year, SLM shall, (a) prepare for that year a Yearly Statement of the gross revenue received by it to which 6(1)(a), above refers; (b) obtain a comment as to. its accuracy from a Chartered Accountant; and (c) provide a copy of each to the Town. (4) The Town may at all reasonable times examine SLM~s books of accounts through any representative named by the Town and shall be given all facilities reasonably necessary to check SLM~s gross revenues. 7. SLM shall hold harmless, defend and indemnify the Town against all actions, claims, demands, liabilities, damages and costs, including legal fees and court COSTS. (a) for libel, slander, infringement of trade mark or trade name. violation of rights of privacy and infringement of copyright and proproprietary rights resulting from any advertising placed on an advertising device by SLM; and (b) resulting from any damage or injury to any person or property arising directly or indirectly from the installation, repair or maintenance, or lack thereof~ (i) any advertising placed on an advertising device by SLM, or (ii) any advertising device required hereby to be installed, repaired or maintained, as the case may be, by SLM. 8. (1) The term hereof shall be for a period of five years, commencing August 1, 1989 and expiring July 31, 1994. (2) Each contract year during the term hereof shall commence on August Ist in each of 1989, 1990, 1991, 1992 and 1993, and shall end on July 31st in each of 1990, 1991, 1992. 1993 and 1994, respectively, unless this Agreement is terminated prior to July 31, 1994, in which case the last contract year shall be deemed to end on the date of termination hereof. This Agreement may be terminated, (a) by the Town, upon 90 days written notice to SLM, but only if SLM has breached any of the provisions hereof; (b) by SLM, upon 90 days written notice to the Town; and (c) by the Town and SLM jointly, at any time. (4) The provisions of section 6, insofar as they pertain to the calculation and payment of any adjustment amount to comply with SLM's obligations under 6(1), shall survive the expiry or earlier termination of this Agreement. (5)' The provisions of section 7 shall survive the expiry or earlier termination of this Agreement for a period of seven years. 9. Any notice permitted or required to be given hereunder shall be in writing and shall be sufficiently given if mailed by prepaid registered mail (in which case it shall be deemed to be received on the third day following the day of mailing) or if delivered personally (in which case it shall be deemed to be received on the day following the day of delivery) to, (a) in the case of a notice to the Town, the Town Clerk, The Corporation of the Town of Picketing at (before October 16, 1989) 1710 Kingston Road, Picketing, Ontario, L1V 1C7 or (on or after October 16, 1989) One The Esplanade, Picketing, Ontario, L1V 6K7, and (b) in the case of a notice to SLM, The President, Street Level Media Inc., at Box 467, Woodbine Avenue, Gormley, Ontario L0H lC0. 10. (1) This Agreement and its terms, covenants and conditions shah be binding upon and enure to the benefit of both the Town and SLM and their respective successors. (Z) Neither the Town nor SLM may assign any of their rights hereunder to any person without the written approval of the other. (3) A failure by either the Town or SLM to insist in any one or more in- stances upon the strict performance of any of the terms, covenants and conditions of this Agreement shall not be construed as a waiver, relin- quishment or estopped of or affecting the right in future to insist upon such performance. IN WITNESS WHEREOF the parties hereto have affixed their corporate seals attested by their authorized officers. SIGNED,, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Wayne A{:thurs, Mayor Bruce Taylor, Clerk STREET LEVEL MEDIA INC.