HomeMy WebLinkAboutBy-law 858/78THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 858/78
Being a By-law to authorize the execution
of a Lease Agreement between the Cor-
poration of the Town of Pickering and
Richard Charles Laroche, carrying on busi-
ness as Village Sports, respecting the
Don Beer Arena Pro Shop 1978 - 1980.
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 therefrom from September 1, 1978 to August
31, 1980;
AND WHEREAS Tender T-12-78 submitted by Richard Charles
Laroche carrying on business as Village Sports has been
accepted by the Council of the Corporation of the Town
of Pickering with respect to the operation of such a Pro
Shop subject to the entering into of a Lease Agreement.
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 Cor-
poration of the Town of Pickering and
Richard Charles Laroche carrying on busi-
ness as Village Sports respecting the
leasing of the Don Beer Arena Pro Shop
from September 1, 1978 to August 31, 1980
(T-12-78).
BY-LAW read a first, second and third time and finally PASSED
this day of 1978.
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Clerk I %A
SCHEDULE "A" TO BY-LAW NUMBER $59/79
THIS AGREEMENT made this 161L day of , 1978.
In pursuance of The Short Forms of Leases Act e a
B E T W E E N:
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Lessor
OF THE FIRST PART
- and -
RICHARD CHARLES LAROCHE, carrying on
business as VILLAGE SPORTS
hereinafter 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 Pickering, 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 Shop.
TO HAVE AND TO HOLD the premises for a period of twenty-
four (24) months commencing on the first day of September, 1978.
YIELDING AND PAYING THEREFOR unto the Lessor the sum of
Seven Thousand Eight Hundred Dollars ($7,800.00) to be payable at
the rate of Three Hundred and Twenty-five Dollars ($325.00) per
month in advance commencing on the first day of September, 1978
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 hereby further covenant and
agree as follows:
1. The facilities referred to above shall be used for arrl
- 2 -
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 purposes or purposes.
2. (a) The Lessee shall operate the facilities as a Pro
Shop for the full term of this Lease.
(b) The Lessee shall keep the Pro Shop open to the public
for a minimum of thirty-five (35) hours per week from
September 1st, 1978 to March 31st, 1979, inclusive,
and from September 1st, 1979 to March 31st, 1980,
inclusive.
(c) Notwithstanding the provisions of subsection 1 above,
the Lessee shall not be required to open the Pro
Shop to the public from April lst, 1979 to August
31st, 1979, inclusive and from April 1st, 1980 to
August 31st, 1980, inclusive.
(d) 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,
including loss of life, however occurring, unless caused
or contributed to by the neglect or the default of the
Town.
- 3 -
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
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 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 purchase of equipment, shelving
and supplies to any new lessee. In the event that no
suitable arrangements are made the Lessee shall remove
his equipment, shelving and supplies without causing any
inconvenience 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.
THIS INDENTURE shall extend to and be binding upon and
enure to the benefit of the Parties hereto and their respective
successors and assigns.
IN WITNESS WHEREOF the Party of the First Part has here-
unto affixed its corporate seal attested to by its duly authorized
officers in that behalf, and the Party of the Second Part has
hereunto affixed his hand and seal.
SIGNED, SEALED AND DELIVERED
RICHARD CHARLES LAROCHE, carrying
on business as VILLAGE SPORTS
In the Presence of
THE CORPORATION OF THE TOWN OF
PICKERING
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