HomeMy WebLinkAboutBy-law 2271/86THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2271 /86
Being a by-law to authorize the execution of an
Agreement between The Corporation of the Town
of Picketing and the Picketing Panthers Junior
Hockey, Inc. with respect to the rental of the
Town of Picketing Recreation Complex Arena.
(1986-1987)
WHEREAS The Corporation of the Town of Picketing is the o~vner of the Town of
Picketing Recreation Complex arena and is desirous of renting certain facilities there-
in to the Picketing Panthers Junior Hockey, Inc. for certain purposes during the
hockey season 1986/1987;
NOW THEREFORE, the Council of The Corporation of the Town of Pickering ttEREBY
ENACTS AS FOLLOWS:
The Mayor and Clerk are hereby authorized to execute a Rental Agreement, in
the form attached hereto as Schedule A, between The Corporation of the Town
of Picketing and the Picketing Panthers Junior Hockey, Inc. with respect to
the rental of the Town of Picketing Recreation Complex Arena for the hockey
season 1986/1987.
BY-LAW read a first, second and third time and finally passed this 30th day of June,
1986.
ohn E. Anclt'~s~or[, Mayor
/Br(ice Taylor, C~'k .'
TOWN OF
PICKERING
APPRO' ,':-9
LEGAL DEP I ~'
THIS AGREEMENT made this 30th day of June, 1986.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE FIRST PART,
- and -
THE PICKERING PANTHERS JUNIOR HOCKEY, INC.
hereinafter called the "Club"
OF THE SECOND PART.
WIIEREAS the Town owns and operates an arena known as the Picketing Recreation
Complex Arena on Valley Farm Road in the Town of Pickering: and
WHEREAS the Club operates an Ontario Hockey
Team and is desirous of having its home ice
Arena; and
Association (O.H.A.) Junior Hockey
at the Picketing Recreation Complex
WHEREAS the Town is prepared to permit the Club to use the Picketing Recreation
Complex Arena as its home ice pursuant to certain conditions hereinafter set out;
NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT in consideration of other
good and valuable consideration and the sum of One Dollar now paid by each of the
Parties hereto to the other, the receipt whereof by each is hereby acknowledged, the
Parties covenant, promise and agree as follows:
The Club shall:
(a)
pay a fee to the Town of,
(i) $70.00 per hour for all practices,
(ii) $90.00 per hour for all exhibition games, regular season games
and Metro Junior B Group quarter-final and semi-final games, and
(iii) $90.00 per hour plus 2% of gross gate receipts for all Metro
Junior B Group final games and O.H.A. Ontario quarter-final,
semi-final and final games,
for the use of ice hockey facilities required;
(b)
(c)
(d)
(e)
(g)
(h)
(i)
(k)
(l)
reimburse the Town for the Town's cost of providing any staff, in addi-
tion to its regular staff, deemed necessary by the Town;
provide and pay for all police, security officers, ticket takers, parking
lot attendants, ushers and other personnel deemed necessary by the Town
in addition to the Town's regular staff and any additional staff provided
by the Town;
provide a combined fee payment deposit and damage deposit to the Town
in the amount of $250.00 on or before August 1st, 1986:
make all fee payments one week in advance;
be responsible for the payment of all fees for ice hockey facility use time
allocated, whether used by the Club, or by a team or teams designated
by the Club;
secure all other facility use time required for O.H.A. games and not
provided by this Agreement through negotiations with hockey, ringette or
figure skating organizations to which the facility use time has been previ-
ously allocated and obtain the Town's approval to any arrangements
resulting from such negotiations; fees for such facility use time shall be
at the rates established by this Agreement:
keep the Town free from or reimburse the Town for any costs originating
with the O. lq. A.;
advise the Town at least 24 hours before game time of the anticipated
attendance at the game;
ensure that games conclude by 10:30 p.m. to enable the continuation of
the Town ice rental program;
indemnify the Town for any costs, claims or damages resulting from any
loss, damage or injury (including loss of life) to any person or property
at any time on the premises used by the Club, when a fee pursuant to
this Agreement has been paid for such use, however such loss. damage
or injury may occur;
on or before September 1st, 1986, deposit with the Town a policy or a
certificate of a policy of general public liability insurance wherein the
Town is named as co-insured, in a form approved by the Town and in the
aggregate sum of $5,000,000, covering the Town for public liability and
property damage and keep such insurance in full force and effect at all
times during the term of this Agreement.
(i)
(g)
(3)
The designated ice hockey facility use time for the Club shall be as
follows:
Monday - Practice Time -
Wednesday - Practice Time -
Friday - Game Time -
9:00 p.m. - 11:00 p.m.
9:30 p.m. - 11:00 p.m.
7:00 p.m. - 10:30 p.m.
If the O.H.A. Schedule requires a home game to be played at a time or
on a day other than that provided for in subsection (1), the provisions
of section l(g) shall take effect.
Neither this provision nor the provisions of section l(g) shall,
(a) require the affected organization' to give up or exchange its
scheduled facility use time, or
(b)
guarantee that the Club will be able to secure facility use time
other than that provided for in subsection (1).
(4) The Town may refuse to approve in its discretion any arrangement nego-
tiated as a result of the operation of section l(g).
The Club's personnel, its members, employees, agents and representatives,
when in or about the Picketing Recreation Complex and Arena, shall at all times
during the term of this Agreement be subject to the direction and control of the
Town, its employees, agents and representatives,
The Town shall:
(a) hold the following ice hockey facility use time for the Club each week:
Monday 9:00 p.m. - 11:00 p.m.
Wednesday 9:30 p.m. - 11:00 p.m.
Friday 7:00 p.m. - 10:30 p,m.
(b)
provide the use of adequate lighting, goal nets, public address system,
time clocks, player benches, penalty benches, goal iudge's lights, Can-
adian flag and dressing rooms for practices and games;
(e)
provide the Club with the exclusive use of a dressing room for the term
of this Agreement;
(d)
provide the Club with an equipment lock-up room of adequate size for the
term of this Agreement;
(e) provide the use of the arena ticket booth on game nights;
(f)
provide the use of an area on game nights for the sale of programs and
for promotions of future games;
(g) provide clearly marked ice at all times;
(h)
provide the O.H.A. Refereeing
nights with adequate washroom
aid supplies and equipment.
Officials with a dressing room on game
and shower facilities together with first
(i)
(2)
(3)
The term of this Agreement shall be from September 1st, 1986 to March
1st, 1987, both inclusive.
The terms of this Agreement shall be extended after March 1st, 1986 on a
week to week basis but not after April 19th, 19B7, should the Club be
involved in the O.H.A. Junior Hockey playoff schedules during March or
April, 1987.
The Club shall have the option to renew this Agreement for the 1986/1987
season subject to the imposition of such terms and conditions as may be
agreed upon between the Parties prior to June 15th, 1987,
The Town's obligations pursuant to this Agreement shall be dependent upon the
availability of a satisfactory ice surface during the designated ice hockey facil-
ity use times. The Club shall not hold the Town responsible, and the Town
shall not be liable to the Club in any manner for the lack of ice hockey facility
use time resulting from the Town's inability to provide an appropriate ice
surface as a result of acts of God, mechanical failure or other circumstances
beyond the Town's control.
This Agreement and everything contained herein shall enure to the benefit of
and be binding upon the Parties hereto and their successors and assigns.
IN WITNESS WHEREOF, the Parties hereto have affixed their respective corporate
seals, attested by their officers duly authorized' in that behalf.
SIGNF. D, SEALED & DELIVERED
THE C~ORPO~ATION OF THE TOWN OF PICKERING
Jo~; AndersonFlVPa~o~- - '~
~uce Taylor, Clerk
THE PICKERING PANTHERS JUNIOR HOCKEY, INC.
President
Secretary