HomeMy WebLinkAboutBy-law 2518/87THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2518/87
Being a by-law to authorize the execution of an
Agreement to Lease the Picketing Recreation
Complex Lobby Pro Shop to Fun & Fitness Sports
Ltd. from September 1, 1987 to August 31, 1990.
WHEREAS pursuant to the provisions of Section 193 of the Municipal Act, R.S.O.
1980, chapter 302, the Council of the municipal corporation may by by-law, lease
premises owned by it;
NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY
ENACTS AS FOLLOWS:
The Mayor and Clerk are hereby authorized to execute an agreement
between The Corporation of the Town of Picketing and Fun & Fitness
Sports Ltd., for the leasing of the Picketing Recreation Complex Lobby
Pro Shop from September 1, 1987 to August 31, 1990.
BY-LAW read a first, second and third time and finally passed this 29th day of June,
1987.
TOWN OF
PICKERING
APPROVED
AS TO FORM
LEGAL DffPT.
SCHEDULE A
THIS AGREEMENT made as of September 1, 1987.
In pursuance of the Short Forms of Leases Act
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Lessor"
OF THE FIRST PART,
- and -
FUN & FITNESS SPORTS LTD.
hereinafter called the "Lessee"
OF THE SECOND PART.
WITNESSETH THAT in consideration of the rents, covenants and agreements hereinaf-
ter reserved and contained on the part of the Lessee, the Lessor demises and leases
to the Lessee, its successors and assigns, a certain facility (the "Facility") outlined
in red on the sketch attached hereto and marked as Schedule "A" located in the Town
of Picketing Recreation Complex ("the Complex") Lobby, at 1867 Valley Farm Road in
the Town of Picketing, in the Region of Durham, together with all rights of ingress
and egress required for the use of the Facility for the purposes of a Pro Shop.
TO HAVE AND TO HOLD the Facility for a period of three (3) years commencing on
the 1st day of September, 1987, and expiring on the 31st day of August, 1990,
unless earlier terminated;
YIELDING AND PAYING THEREFOR unto the Lessor the sum of Twelve Thousand, Six
Hundred Dollars ($12,600.00) to be payable at the rate of Three Hundred and Fifty
Dollars ($350,00) per month in advance commencing on the 1st day of September, 1987
and continuing monthly during the term of this Lease.
THE LESSEE covenants with the Lessor to pay rent and the Lessor covenants with the
Lessee for quiet enjoyment provided that the Lessor may re-enter on non-payment of
rent or non-performance of any covenant.
THE LESSOR and the Lessee he~;eby further covenant and agree as follows:
i. (i)
The Facility referred to above shall be used for and occupied only for the
purpose of operating a Pro Shop, and the Lessee shall not use or permit
the Facility to be used for any other purpose or purposes.
(z)
In the operation of the Pro Shop, the Lessee shall supply, rent or sell
only items or services relating to racquet sports, aquatics, combative
sports and weight or exercise training, and no others.
(3)
The Lessee shall not rent, lease or loan, from the Pro Shop, any equip-
ment or supplies for use within the Complex unless such equipment or
supplies have first been approved in writing by the Town's Director of
Parks and Recreation for use within the Complex.
2, The Lessee shall operate the Facility as a Pro Shop for the full term of
this Lease.
(1)
(2)
(3)
The Lessee shall keep the Pro Shop open to the public every day during
the term hereof, between,
(a) 9:30 a.m, and 11:30 a.m., Monday through Friday,
(b) 6:00 p.m. and 9:00 p.m., Monday through Friday,
(c) 9:00 a.m. and 4:00 p.m., Saturday, and
(d) 1:30 p.m. and 3:30 p.m., Sunday,
subject to alteration for summer season, holidays and for other reasons
only with the prior written approval of the Town's Director of Parks and
Recreation.
Notwithstanding the provisions of subsection (2), above, in no event shall
the Pro Shop be open before 7:00 a.m., or after 11:00 p.m., on any day
during the term hereof.
(1)
The Lessee shall, at its expense, provide telephone service to the Facility
and all equipment required for the operation of the Pro Shop.
(z)
The Lessor shall, at its expense, provide heat, light, electricity and air
conditioning to the Facility.
(3)
The Lessee shall pay all realty, business and other taxes levied from time
to time against the Complex, the Facility or the Lessee as a result of, or
in any way relating to, the Lessee's use of the Facility as a Pro Shop.
The Lessee shall comply with all reasonable standards set by the Director of
Parks and Recration for the operation and maintenance of the Pro Shop in
keeping with the standards set for the operation and maintenance of the Com-
plex as a whole.
The Lessee shall be solely responsible for the Facility and the maintenance
thereof, and for all persons and property at any time therein; the Lessor shall
not be liable for any loss, damage or injury, including loss of life, however
occurring, unless caused or contributed to by the neglect or the default of the
Lessor.
The Lessee shall, at its expense, arrange and maintain One Million Dollars
($1,000,000) of 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 the
Lessee in its use and maintenance of the Facility.
(1)
(2)
(3)
The Lessor and the Lessee acknowledge that the Lessor has leased to a
third party another facility within the Complex for use as a pro shop but
subject to certain restrictions, namely, that that pro shop shall provide a
skate sharpening service and shall supply, rent or sell only items and
services relating to ice hockey, skating, figure skating and ringette, and
no others,
The Lessor shall not knowingly permit any person, other than the Lessor
and the Lessee, to supply, rent or sell, within the Complex, items or
services relating to racquet sports, aquatics, combative sports and weight
or exercise training.
The Lessor's obligations under subsection (2) are limited to taking what-
ever action it deems necessary to investigate and stop the unauthorized
supply, rent or sale of the items and services referred to therein upon
-2 -
(4)
receipt by the Lessor of written notification from the Lessee of such
unauthorized supply, rent or sale.
The Lessor shall restrict its reserved rights to supply, rent or sell,
within the Complex, the items and services referred to in subsection
to those items and services,
(a)
(b)
(c)
not stocked at the Lessee's Pro Shop,
not available from the Lessee's Pro Shop, or
relating to a specific promotion of the Lessor.
(1)
The Lessee may terminate this Lease at any time prior to its expiry upon
ninety (90) days notice in writing to the Lessor.
The Lessor may terminate this Lease prior to its expiry only if the Lessee
is in breach of a provision of this Lease, notice of which has been given
to the Lessee by the Lessor and rectification of which has not occurred
within sixty (60) days, (ten (10) days in the case of a breach of Section
6) of the giving of the notice.
Upon termination or expiry of this Lease, the Lessee shall be free to arrange
for the sale of equipment, shelving and supplies, to any new lessee; in the
event that no such arrangements are made within 10 days after such termination
or expiry, the Lessee shall forthwith remove its equipment, shelving and sup-
plies without causing any inconvenience to the Lessor and without causing any
damage to the Complex building.
10.
During the month of May, 1990, the Lessee may apply to the Lessor for a
renewal of this Lease for the period September 1, 1990 to August 31, 1993,
inclusive, upon such terms and conditions as may be agreed upon, and the
Lessor, at its sole option, may grant or refuse to grant such renewal.
11. (1)
(z)
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 Lessor at:
1710 Kingston Road
Pickering, Ontario L1V 1C7
Attention: Town Clerk
and the Lessee at:
1624 Belinda Court
Picketing, Ontario L1V 3T4
Attention: Natalie M. Carroll
Every notice or application given or made in accordance herewith shah be
deemed to have been given or made on the day after it is mai]ed or
delivered.
This indenture shall enure to and be binding upon the Parties hereto and
their respective successors and assigns.
IN WITNESS WHEREOF the Parties hereto have hereunto affixed their corporate seals,
attested to by their duly authorized officers.
SIGNED, SEALED & DELIVERED
FUN & FITNESS SPORTS LTD.
THE CORPORATION OF THE
TO?N OF PICKER{NG
/~E. Ande~s6n,~ ~Ia~f6~r
ruce Taylor, Clerk
-3-
PICKERING RECREATION COMPLEX
1867 Valley Farm Road
Pickering Ontario
banquet hall
Facility
(pro shop)
lobby