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HomeMy WebLinkAboutBy-law 803/78THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 803/78 Being a By-Law to authorize the execution of a Lease Agreement between the Corporation of the Town of Pickering and Blades Summer Hockey School Inc. respecting the use of certain facilities at Don Beer Sports Arena 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. with respect to the use of certain facilities at Don Beer Sports Arena. By-Law read first, second and third time and finally passed this 1st day of May , 1978. Clerk I SCHEDULE "A" TO BY-LAW NUMBER 803/78 j I THIS AGREEMENT made this day of 1978. I BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING, hereinafter called the "Town", OF THE FIRST PART, i - and - I BLADES SUMMER HOCKEY SCHOOL INC., hereinafter called the "School", OF THE SECOND PART. WHEREAS the Town owns and operates an arena known as the Don Beer Arena and certain other recreational facilities within the Town of Pickering; ii AND WHEREAS the School operates an ice hockey school and is desirous of operating that school in the Town of Pickering in 1978; I i AND WHEREAS the Town is prepared to permit the School to use certain of its recreational facilities for the purpose of operating such a school, pursuant to certain terms and condi- tions hereinafter set out; li 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: .I' 1. In this agreement, (a) "ice facility" shall mean and include that part of the Don Beer Arena known as ice pad number 2; (b) "non-ice facility" shall mean and include that part of the Don Beer Arena comprising, (i) five (5) dressing rooms adjacent to the ice facility, (ii) the kitchen and hall above the dressing rooms referred to in (i) above, and (iii) the non-ice surfaces and hall- ways required for entry and exit and connecting the ice facility with the balance of the non-ice facility. i `I -2- 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 9 a.m. to 4 p.m. daily, excluding lunch 12 p.m.- 1 p.m. (ii) the non-ice facility, from 8 a.m. to 4:30 p.m. daily, on weekdays commencing August 7th, 1978 until and including September 1st, 1978. (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) $1,650.00, on or before June 1st, 1978, and (ii) a further $1,650.00, on or before August 3rd, 1978. 3. (a) Subject to compliance with subsections (b) and (c) hereof, the School shall be per- mitted by the Town to use, for the purpose of operating an ice hockey school, (i) the ice facility, from 6 a.m. to 9 a.m., daily, or (ii) the ice facility, from 4 p.m. to 5 p.m., daily and the non- ice facility, from 4:30 p.m. to 5:30 p.m. daily, or (iii) both (i) and (ii), on weekdays commencing August 21st, 1978 until and including September 1st, 1978. (b) Any request by the School for the permis- sion of the Town referred to in subsection (a) hereof, must be made in writing and received by the Town on or before August 4th, 1978. If no such request is made and received in accordance herewith, the Town shall not be bound, in any circumstances, to grant any permission referred to in subsection (a) hereof. (c) For any permission granted pursuant to subsection (a) hereof, the School hereby agrees to pay to the Town, by cash or certified cheque, on or before August 21st, 1978, the sum of $27.50 for each hour of ice facility use permitted. 4. (a) The Town shall at all times maintain the non-ice facility in a neat and tidy manner, and supply all toilets and wash- rooms therein with adequate towels and tissue. - 3 - (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 provide ice facility lighting to Ontario Hockey Association standards. 5. (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 $165.00 for each day and $27.50 for each extra hour that the Town is unable to provide the services, provided that the School has previously paid the Town for such ser- vices. (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 the session 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 for that ses- sion. (c) For the purposes of subsection (b), the School shall operate two ice hockey school sessions, namely: (i) from August 7th, 1978 to August 18th, 1978, inclusive, except Saturdays and Sundays; and (ii) from August 21st, 1978 to September 1st, 1978, inclusive, except Saturdays and Sundays. 6. (a) The School may make use of the tennis, baseball and soccer facilities in the Town's Kinsmen's 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 Swim- ming Pool and no admission charge shall be payable at the time of use. (c) The Town shall invoice the School in September, 1978, 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 Dunbarton Swimming Pool. The School shall remit to the Town the amount claimed in the invoice, within 15 days of receipt thereof. - 4 - 7. The School shall at all times maintain order in the facilities and shall provide adequate supervisory personnel, in the opinion of the Town, and shall be responsible for the direct supervision of all per- sons 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 Agree- ment. b 8. The School shall insure the facilities at its own cost for public liability and property damage to j an amount of at least $500,000.00 and the Town shall be a named insured in such policy. A certified copy of such policy shall be provided to the Town on or before July 24th, 1978. it 9. In the event of failure on the part of the School j to comply with section 8 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. 10. 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. 11. (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. li it 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 TION OF THE TOWN OF PICKERING r BLADES SUMMER HOCKEY SCHOOL INC. rroF- ?i NY•v0 C n r £ rN c) ?l n nxo vY•Y•M w ?n ro N Y- 0 rt n w xf Y- no::1 Y•aw 0a z H m r d ? (n x? Ox O? r? H ? Cx . 0 n x M K w a H x C) O 00 .-,y TJ y ro THE H H °z w 0 z 0 H x ro H _O 2 i i? ?I !I I it ? d H i ? i? li ?i II I! I? i' II I i?