Loading...
HomeMy WebLinkAboutBy-law 1209/80THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1209/80 Being a By-Law to authorize the execution of a Lease Agreement between the Corporation of the Town of Pickering and Bryon J. Coghlan and George S. Neil respecting the Don Beer Arena Pro Shop 1981-1982. WHEREAS the Corporation of the Town of Pickering is the owner of the Don Beer Sports Arena and requires a Pro Shop to be operated therein from January 1st, 1981 to August 31st, 1982; 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 the Lease Agreement attached hereto as Schedule "A" between the Corporation of the Town of Pickering and Bryon J. Coghlan and George S. Neil respecting the leasing of the Don Beer Arena Pro Shop from January 1st, 1981 to August 31st, 1982. BY-LAW read a first, second and third time and finally passed this 15th day of December , 1980. ' M y' o' r -". V Clerk TO\VN OF PI!::;[_?_t?Fll( AJ L-_ iJ SCHEDULE "A" By-Law Number 1209/80 THIS AGREEMLNT made this 15th day of December, 1980. In pursuance of The Short Forms of Leases Act B E T W E E N: THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Lessor" OF THE FIRST PART, - and - BRYON J. COGHLAN and GEORGE S. NEIL hereinafter collectively called the "Lessee" OF THE SECOND PART. WITNESSETH THAT in consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Lessee, the Lessor doth demise and lease to the Lessee, his successors and assigns, certain facilities outlined in red on the sketch attached hereto and marked as Schedule "A" located in the Don Beer Sports Arena, in the Town of Picker- ing, in the Region of Durham, together with all facilities of ingress and egress required for the use of the facilities for the purposes of a Pro Shoo. TO HAVE AND TO HOLD the premises for a period twenty (20) months commencing on the first day of January, 1981; YIELDING AND PAYING THEREFOR unto the Lessor the sum of Four Thousand Dollars ($4,000.00) to be payable at the rate of Two Hundred Dollars ($200.00) per month in advance com- mencing on the first day of January, 1981 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 Pro- vided that the Lessor may re-enter on non-payment of rent or non-performance of any covenant. THE LESSOR and the Lessee hereby further covenant and agree as follows: 1. The facilities 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 facilities to be used for any other purpose or purposes. - 2 - 1-1 2. (1) The Lessee shall operate the facilities as a Pro Shop for the full term of this Lease. (2) The Lessee shall keep the Pro Shop open to the public for a minimum of thirty-five (35) hours per week from January 1st, 1981 to March 31st, 1981, inclusive, and from September 1st, 1981 to March 31st, 1982, inclu- sive. (3) Notwithstanding the provisions of subsection 1 above, the Lessee shall not be required to open the Pro Shop to the public from April 1st, 1981 to August 31st, 1981, inclusive and from April 1st, 1982 to August 31st, 1982, inclusive. ' (4) Nothing in this section affects the obligation of the Lessee to pay rent monthly to the Lessor during the term of this Lease. 3. The Lessee-covenants with the Lessor that the Lessee shall provide a skate sharpening machine and that that machine shall have a self-contained dust disposal unit. 4. The Lessor covenants with the Lessee that the Lessor shall not compete with the Lessee in the sale of hockey sticks, tape and laces, provided however that the Lessee consents to the sale of these items at the snack bar in the Don Beer Sports Arena. 5. The Lessee acknowledges and agrees with the Lessor that the Lessee is solely responsible for the rented facilities, including the maintenance thereof, and for all persons and property at any time within those facilities. The Lessor shall not be liable for any loss, damage or injury, includ- ing loss of life, however occurring, unless caused or con- tributed to by the neglect or the default of the Lessor. 6. The Lessee shall, at his own expense, arrange and maintain Five Hundred Thousand Dollars ($500,000.00) of Liability insurance indemnifying the Town from and against all claims, demands, loss, costs, damages, actions, suits or other pro- ceedings by whomsoever made, sustained, brought or prosecu- ted in any manner based upon, occasioned by or attributable to anything done or omitted to be done by the Lessee in his use and maintenance of the rented facilities. 7. 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 suitable arrangements are made, the Lessee shall remove his equip- ment, shelving and supplies without causing any inconven- ience to staff or patrons and without causing any damage to the building. 8. The Lessor may terminate this Lease at any time upon thirty (30) days notice in writing to the Lessee. 9. (1) During the month of June, 1982, the Lessee may apply to the Lessor for a renewal of this Lease for the period September 1st, 1982 to August 31st, 1983, inclusive, subject to the same covenants and agree- ments as are herein set out, save and except that: (a) the rent payable shall be increased by 10 per cent; and - 3 - (b) there shall be no further.renewal provision, and the Lessor, at its sole option, may grant or refuse to grant such renewal. 10. This indenture shall enure to and be binding upon the Parties hereto and their respective successors and assigns. IN WITNESS WHEREOF the Party of the First Part has hereunto affixed its corporate seal attested to by its duly author- ized officers in that behalf, and the persons comprising the Party of the Second Part have hereunto affixed their hands and seals. SIGNED, SEALED & DELIVERED In the presence of Bryon J. Coghlan In the presence of George S. Neil THE CORPORATION OF THE TOWN OF PICKERING