HomeMy WebLinkAboutBy-law 1016/79THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO.1016/79
Being a by-law to authorize the execution
of an Agreement between the Corporation
of the Town of Pickering and the Pickering
Panthers Junior Hockey, Inc. with respect
to the rental of the Don Beer Sports Arena.
WHEREAS, the Corporation of the Town of Pickering is the
owner of the Don Beer Sports Arena and is desirous of renting
certain facilities therein to the Pickering Panthers Junior
Hockey, Inc. for certain purposes during the hockey season
1979-1980;
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
a Rental Agreement in the form attached hereto as
Schedule "A" between the Corporation of the Town of
Pickering and The Pickering Panthers Junior Hockey,
Inc. with respect to the rental of the Don Beer
Sports Arena for the hockey season 1979-1980.
BY-LAW read a first, second and third time and finally passed
this 3rd day of July , 1979.
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SCHEDULE "A" TO BY-LAW 1016/79
Tl?1S AGTEEt!EiCT made tr.is dal' of -?.
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.
WHEREAS, the Town owns and operates an arena known as
the Don Beer Sports Arena on Dillingham Road in the Town of
Pickering; and
WHEREAS, the Club operates an Ontario Hockey Association
(O.H.A.) Junior Hockey Team and is desirous of having its
home ice at the said Don Beer Sports Arena; and
WHEREAS, the Town is prepared to permit the Club to
use the Don Beer Sports Arena as its home ice pursuant to
certain conditions hereinafter set out;
NOW THEREFORE, this Agreement witnesseth that in consid-
eration of other good and valuable consideration and the sum
of One Dollar ($1.00) of lawful money of Canada now paid by
each of the Parties hereto to the other, the receipt whereof
is hereby acknowledged, the Parties hereto covenant, promise
and agree each with the other as follows:
1. The Club shall:
(a) pay a fee to the Town of $35.00 per hour for
all practices, and $45.00 per hour for play-
off, regular season and exhibition games for
the use of ice hockey facilities required;
(b) provide and pay for all police, ticket
takers, parking lot attendants, ushers, and
all other personnel required over and above
Town regular arena staff. Town staff shall
have the power to direct the Club's personnel
when a situation may cause vandalism to the
Town premises;
(c) provide a fee payment and damage deposit to
the Town in the amount of $250.00 on or
before September 1st, 1979;
(d) make all fee payments one week in advance;
(e) 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;
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2
3.
(£) 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
previously designated. Fees for such facil-
ity use time shall be at the rates estab-
lished by this Agreement and the Town shall
be notified of such alterations in advance;
(g) keep the Town free from any costs origina-
ting from the O.H.A.;
(h) ensure that games conclude by 10:30 p.m. to
enable the continuation of the Town ice'
rental program;
(i)' indemnify the Town for any costs, claims or
damages resulting from any loss, damage or
injury (including loss of life) to any per-
son 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.
The designated ice hockey facility use time for the
Club shall be as follows:
Monday - Practice Time - 9:30-11:00 p.m. Pad #2
Wednesday - Practice Time - 9:30-11:00 p.m. Pad #1
Friday - Game Time - 7:00-10:30 p.m. Pad #1
In the event the O.H.A. Schedule does not permit all
the home game nights to be on Fridays, the Club will
be required to meet with whatever organization has
the facility use time which the Club requires. It
is understood, however, that this in no way binds
or requires the affected organization to give up
its scheduled time. The Club further agrees that
if it is able to reach a satisfactory arrangement
with the affected organization, it will pay the
Town the rates as set out in clause (a) of section
1 and to notify the Town of such arrangements.
The Town shall:
(a) hold the following ice hockey facility use time
for the Club each week:
Monday - 9:30 p.m.-11:00 p.m. - Pad #2
Wednesday-9:30 p.m.-11:00 p.m. - Pad #1
Friday -7:00 p.m.-10:30 p.m. - Pad #1
(b) provide the use of adequate lighting, goal nets,
public address system, time clocks, player
benches, penalty benches, goal judges lights,
Canadian flag and dressing rooms for teams;
(c) provide the Club with the use of two (2) rooms
on game nights, exhibition games and practices;
(d) provide the Club with an equipment lock-up
room of adequate size;
(e) provide the use of the arena ticket booth on
game nights;
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(f) provide the use of an area on came nights
during the term of this Agreement, for the
sale of programmes and for promotions of
future games;
(g) provide clearly marked ice at all times;
(h) provide the O.H.A. Refereeing officials
with a dressing room on game nights with
adequate washroom and shower facilities
together with first aid supplies and equip-
ment;
(i) maintain the snack bar during games as a
service to the public.
4. (a) The term of this Agreement insofar as it
relates to the use of the ice hockey facil-
ity known as Pad #1 shall be from October
1st, 1979 to February 29th, 1980.
(b) The term of this Agreement insofar as it
relates to the use of the ice hockey facil-
ity known as Pad #2 shall be from September
1st, 1979 to February 28th, 1980.
(c) The term of this Agreement insofar as it
relates to the use of the ice hockey facil-
ities known as Pad 41 and Pad #2 shall be
extended from and after February 28th, 1980
on a week to week basis but not after April
30th, 1980, should the Club be involved in
the O.H.A. Junior Hockey playoff schedules
during March or April, 1980.
(d) The Club shall have the option to renew
this Agreement for the 1980/1981 season
subject to the imposition of such terms and
conditions as may be agreed upon between
the Parties prior to September 1st, 1980.
5. The Town's obligations pursuant to this Agreement
shall be dependent upon the availability of a
satisfactory ice surface during the designated
ice hockey facility use times. The Club shall not
hold the Town responsible for, 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 fail-
ure or other circumstances beyond the Town's control.
6. This Agreement and everything contained herein shall
enure to the benefit of and be binding upon the Par-
ties hereto and their successors and assigns.
IN WITNESS 11dHEREOF, the Parties hereto have affixed
their corporate seals, attested by their officers duly
authorized in that behalf.
THE CORPORATION OF THE TOWN OF PICKERING
MQ or
,Clerk
THE PICKERING PANTHERS JUNIOR HOCKEY, INC.
Per: 2
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