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HomeMy WebLinkAboutBy-law 989/79THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 989/79 Being a by-law to authorize the execution of a Lease Agreement between the Corpora- tion of the Town of Pickering and Blades Summer Hockey School Inc. respecting the use of certain facilities at the Don Beer Sports Arena and certain other recreational facilities. WHEREAS, the Corporation of the Town of Pickering (the "Town") is the owner and operator of an arena known as the Don Beer Sports Arena and a swimming pool known as the Dun- barton Indoor Pool; and WHEREAS, the Town is the leasehold owner and operator of a community park known as Bay Ridges Kinsmen Park; and WHEREAS, Blades Summer Hockey School Inc. wishes to lease certain of these facilities for the purpose of opera- ting an ice hockey school; and WHEREAS, pursuant to the provisions of subsections 1 and 2 of section 336 of The Municipal Act, R.S.O. 1970, chapter 284, the council of every municipal corporation may pass by-laws for the leasing of any of its lands and build- ings; 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 Lease Agreement, in the form attached hereto as Schedule "A", between the Corporation of the Town of Pickering and Blades Summer Hockey School Inc. respecting the use of the Don Beer Sports Arena, Bay Ridges Kinsmen Park and Dunbarton Indoor Pool for the purposes of an ice hockey school on week- days commencing August 20th, 1979 and ending August 31st, 1979, inclusive. BY-LAW read a first, second and third time and finally passed this 22nd day of May , 1979. L 7 Way_o_r' TOV,_ . r LEGAL SCHEDULE "A" to By-Law #989/79 THIS AGREEMENT made this day of BETWEEN: THE CORPORATION OF THE TOWN OF PICKE hereinafter called the "Town" OF THE FIRST PART, - and - BLADES SUMMER HOCKEY SCHOOL INC. hereinafter called the "School" OF THE SECOND PART. 1979. WHEREAS, the Town owns and operates an arena known as the Don Beer Sports Arena and certain other recreational facilities within the Town of Pickering; and WHEREAS, the School operates an ice hockey school and is desirous of operating that school in the Town of Pickering in 1979; and WHEREAS, the Town is prepared to permit the School to use certain of its recreational facilities for the purpose of oper- ating such a school, pursuant to certain terms and 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 by each, the Parties hereto covenant, promise and agree each with the other as follows: 1. In this Agreement, (a) "ice facility" shall mean and include that part of the Don Beer Sports Arena known as ice pad number 2; (b) "non-ice facility" shall mean and include that part of the Don Beer Sports Arena comprising, (i) five (5) dressing rooms adja- cent to the ice facility, - 2 - (ii) the kitchen and hall above the dressing rooms referred to in (i) above, and (iii) the non-ice surfaces and hallways required for entry and exit and connecting the ice facility with the bal- ance of the non-ice facility. 2 (a) Subject to compliance with subsection (b) hereof, the School is hereby permitted by the Town to use, for the purpose of oper- ating an ice hockey school, (i) the ice facility, from 8:30 a.m. to 5:30 p.m. daily, (ii) the non-ice facility, from 8:00 a.m. to 6:00 p.m. daily, on weekdays commencing August 20th, 1979, until and including August 31st, 1979. (b) For the permission granted in subsection (a) hereof, the School hereby agrees to pay to the Town, by cash or certified cheque, the sum of, (i) $1,350.00, on or before June 1st, 1979, and (ii) a further $1,350.00 on or before August lst, 1979. 3. (a) The Town shall at all times maintain the non-ice facility in a neat and tidy manner, and supply all toilets and washrooms there- in with adequate towels and tissue. (b) The Town shall at all times maintain the ice facility for the playing of ice hock- ey, spray, freeze, scrape and otherwise maintain the ice surface at sufficient thickness and in proper condition and pro- vide ice facility lighting to Ontario Hockey Association standards. 4. (a) Should the Town be unable, as a result of climatic conditions, destruction of the whole or part of the facilities, failure of ice-making equipment, interruption of electrical or water supply, or for any other reason beyond its control, to pro- vide the facilities as set out herein, then in that event the Town shall refund to the School the amount of $270.00 for each day that the Town is unable to pro- vide the services, provided that the School has previously paid the Town for such ser- vices. -3- (b) Should the facilities be unavailable to the School for any reason set out in subsection (a) for 3 or more consecutive week days, then the School at its option may terminate this Agreement and in such event the Town shall refund to the School on a pro rata basis the unused portion of any monies paid to the Town hereunder. 5. (a) The School may make use of the tennis, base- ball and soccer facilities in the Town's Bay Ridges Kinsmen Park, so long as such use is co-ordinated through and approved by the East Shore Community Association. (b) The School may make use of the swimming facilities in the Town's Dunbarton Indoor Pool and no admission charge shall be pay- able at the time of use. (c) The Town shall invoice the School in Septem- ber, 1979, on a per capita basis, at the Town's then current rate, for the admission charge attributable to the School's use of the Town's Indoor Swimming Pool. The School shall remit to the Town the amount claimed in the invoice, within 30 days of receipt thereof. 6. The School shall at all times maintain order in the facilities and shall provide adequate supervisory per- sonnel, in the opinion of the Town, and shall be re- sponsible for the direct supervision of all persons in the facilities except for personnel employed by the Town and shall be responsible for any and all damages done to the facilities during the period of time the facilities are occupied under this Agreement. 7. The School shall insure the facilities at its own cost for public liability and property damage to an amount of at least $500,000.00 and the Town shall be a named insured in such policy. A certified copy of such pol- icy shall be provided to the Town on or before July 24th, 1979. 8. In the event of failure on the part of the School to comply with section 7 hereof or to make payments as and when they fall due hereunder, then this Agreement shall be null and void and all payments theretofore made by the School to the Town shall be forfeited to the Town and the Town shall be entitled to take action against the School for any amounts due and owing under the terms hereof. 9. The School hereby saves harmless and indemnifies 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 in the Town's facilities used by the School, however such loss, damage or injury may occur. - 4 - 10. (a) This Agreement shall not be assignable by the School and the School shall not be entitled to transfer any of its rights hereunder to any third party. (b) This Agreement and everything contained herein shall enure to the benefit of and be binding upon the Parties hereto and their respective successors. IN WITNESS WHEREOF the Parties hereto have hereunto affixed their corporate seals, attested by their officers duly authorized in that behalf. SIGNED, SEALED and DELIVERED THE CORPORATION OF THE TOWN OF PICKERING _ / /" - _ /I. A,QWL_ BLADES SUMMER HOCKEY SCHOOL INC. Per: Per: `,` C i rroHF3 H?-moo CnH£ ?cod H (D nhx0 -3 N- r• re p 7 W LR ro m ?- 00 X tom R H w F1 0 o r- ? r•a W o a C) c1i t1i z H r r 0 0 r) En n x 0C r? zz n • x 0 n x H4 K m a H x r? n O x ro 00 'd H H H nx' z m ;o O H 1 z G1 H x to H O_ d H t7 d