2008-080 Agreement Between the Township of Oro-Medonte and the Oro-Medonte 77's Junior Hockey ClubTHE GORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 200$-080
A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE
TOWNSHIP OF ORO-MEDONTE AND
THE ORO-MEDONTE ?7'S JUNIOR HOCKEY CLUB
WHEREAS the Municipal Act, 2001,S.O. 2001, c.25, Section 224, as amended, states
that it is the role of Cauncil to ensure that administrative practices and procedures are in
place to implement the decisions of Cauncil;
AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte
deems it desirable to enter into a agreement with the Oro-Medonte 77's Junior Hockey
Club, during the 240812009 hockey season.
NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as
follows:
THAT the Mayar and Clerk be authorized to execute the Agreement attached
hereto as Schedule "A" and farming part of this By-Law.
2. THAT This Agreement shall be in force and effect from September 20, 2008 to
April 9, 2009 or until the end of The Club's 200812009 Hockey season, whichever
date occurs first.
3, THAT this by-law shall take effect on the final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 25T" DAY OF JUNE, 2008.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 25T" DAY OF JUNE,
2008.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
I
i~
Mayor, H,S. Hug1~s
_ ~. , -
Clerk, J. Douglas`Irwin
r
Schedule "A" to By-Law No. 2008-080
This Agreement made this ~ day of
BETWEEN:
The Township of Oro-Medonte
(hereinafter called "the Township")
- and -
The Oro-Medante 77's Junior Hockey Club
{hereinafter called "The Club")
WHEREAS The Club has the intention of utilizing the Oro-Medonte Community
Arena, hereinafter referred to as "The Arena", during the 200812009 hockey
season;
AND WHEREAS all parties wish to clarify the conditions affecting use of The
Arena;
NOW THEREFORE the parties hereto covenant and agree each with the other
as follows:
l . Term of Agreement
This Agreement shall be in force and effect from September 20, 2008 to Apri19,
2009 or until the end of The Club's 2008/2009 Hockey season, whichever date
occurs first, The date will not go beyond April 9, 2009.
2. Use of Facility
{a) In accordance with this Agreement and the Township Facility Permit, which is
issued further to this Agreement, the Club is hereby entitled to use The Arena
facilities to play each of its regularly scheduled hockey games of its league
schedule and its playoff schedule for the 200812009 hockey season.
(b) Tl1e Arena facilities, which. The Club shall be entitled to use for the duration
of this Agreement, shall include the following:
{i) The ice surface including seating areas for games and. practices.
(ii) Dressing room 5 and 6 for game nights
*Equipment is to be removed after game completion and stored in
outdoor storage container to be provided by the Club at its expense
in consultation with the Township.
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ter
(iii) Banquet Hall {under Separate Permit)
3. Conditions of the Arenal8anguet Hall Facility Permit
{a) The Recreation and Community Services Department may cancel. this
Agreement and the attached Township Facility Permit (hereinafter
"Permit") upon notice at any time if The Club does not meet the
obligations set out therein including timely payment.
{b) The Permit holder must comply with all Federal and Provincial laws and
Township By-laws, and with all Township policy and procedures.
{c) The Permit holder is prohibited from selling or distributing articles in any
facility without prior consent from the Manager of Recreation and
Community Services.
{d) The Permit holder agrees to follow all posted rules and regulations of The
Dro-Medonte Community Arena. Ali activities must be conducted in a
professional manner.
{e) The Permit holder must be 1$ years of age or older and must be present
for the duration of times as outlined on the Permit.
{f) It is also agreed that no food andtor beverages will be sold on The Arena
premises, excluding the Booster Club where alcohol may be served in
accordance with Township of Oro-Medonte Municipal Alcohol Policy.
{g) The t`~ra-Medonte is a smoke free facility and all visitors to the facility
must abide by the na-smoking re~ulatians in place.
{h} Flaad Time:
i) One ice hour ice time will be based upon a 50 minute hour allowing for
10 minute flood time.
ii) The Township reserves the right to adjust ice time for additional flood
time if required to maintain ice thickness requirements.
(i) Banquet Hali
{i} A booster club will be permitted in the banquet hall on game nights
under separate permit. The permit will be subject to the terms and
guidelines in the Municipal Alcohol Policy.
{ii) No minors will be permitted in the Banquet Hall for a special
occasion. permit function. The club shall be responsible far
ensuring compliance with the Municipal Alcohol Policy.
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4. Rental Fee
(a) The Club hereby agrees to pay $7'7.00 /hour for non-prime time rental and
$130.00 /hour for prime time rental, inclusive of GST, per hour for each
hour or portion thereof of ice time scheduled ar used by The Club;
(b) The club agrees to pay $1 b4.00 for licensed functions in the Banquet Hall
{Booster Club) $290.00 far Special Events with LCBO Special Occasion
Permit and $28.00/ hour far meetings.
(c} The Club hereby agrees to arrange for and to pay directly for the cost of
employing all attendants necessary for the sale and retrieval of all tickets
required at games, plus the supervision of the building in order to assure
the safety of the public and the security of The Arena facility. Adequate
attendants are necessary to ensure all entrances are monitored.
KCYS
(a) The Township shall at its discretions supply keys to the Club.
(b) Keys cannot be consigned to others unless The Club has obtained the prior
written. approval of the Township.
6. Building Security and Protection of the Public
(a} The number of Police OfficerslSecurity Staff required to be on duty will
be determined by The Club in conjunction with the Township, recognizing
that it is The Club's responsibility to protect the public, maintain crowd
control. and ensure that The Arena is being operated in a safe manner
during all of The Club's games.
(b} Any person who has in his or her possession any intoxicating substance or
who appears to be impaired or displaying improper conduct will be
removed from the Facility.
(~c) The Club shall be responsible for providing parking attendants if requested
by the Township.
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7. Adherence to Legislation, By-laws and Policy
{a) The Club agrees to assure that its use of the Arena, including the Banquet
Hall far Boaster Club purposes, shall conform to all relevant Township
by-laws and policy, Provincial/Federal legislation and the regulations of
the Liquor License Control. Board of Ontario.
$. Requirements Re~ardin~ Serving Alcohol:
(a) In the event The Club wishes to serve alcohol, it is the sale responsibility
of The Club to obtain a liquor license and to provide a copy of the license
to the Recreation and Community Services Department in advance.
(b) All servers must have Smart Serve certificates.
(c} Compliance is required with the Township Municipal Alcohol Policy. The
Club will be held solely liable for injuries andlor damages arising from
failure to adhere to Township policy and regulatory requirements.
9, Fire Safety
{a) All announcements will be made by The Club over the Arena public
address system regularly before and during each game advising the public
that smoking is prohibited in all areas of the Arena. Also, The Club shall
announce the license plate number of vehicle(s) parked in the fire route
outside The Arena and request that all vehicles be relocated from the fire
route in a timely manner, The Township reserves the right to contact the
Ontario Provincial Police, and or Oro-Medonte Fire Department and
advise them of any situations that may arise in this regard.
(b) The Club shall check the number of people being admitted to each game
and ensure that the maximum number does not exceed 400 persons.
The distribution of spectators shall be as follows:
Bleachers -225 persons
Lobby Seated - 35 persons
Standing (Cabby and Stands) - 40 persons
Banquet Hall - 100 persons
Note: Tlae maximum occupancy and the following d%stribution t~um6ers
are based on ct~owd control and functionality of facility. It is uuderstaad
that the movement of spectators will occur throughout the hockey
games.
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{c) The occupancy in the following areas shall be maintained at all times:
Bleachers - 225 Seated and 40 Standing
Lobby - 35 Seated and b0 Standing
Banquet Haii - 250 without tables and chairs
200 with tables and chairs
The number of people attending shall be provided to the Arena Attendant
at the start of each game.
{d) The Club shall advise and provide confirmation in writing to the
Township at least fourteen days in advance of any planned special event
programs for any game.
{e) All exits must be kept free and clear at all times.
{fj The Club will be required to attend training and carry out all fire
evacuation procedures as directed by Township Arena Attendants for
which an acknowledgement of undertaking will be signed.
{g) The dressing room hallway must be kept clear at all times. The Club will
advise visiting teams of this requirement.
10, Season Scheduling
{a) The Club agrees to the schedule of times and dates indicated on the Permit
when the Arena will be required throughout the season. Cancellation and
additional bookings must be confirmed with the Township in writing at
least one week in advance of the date in question. The normal hourly rate
will be charged in accordance with paragraph 3{a) hereof if cancellations
are not received at least one week in advance. Unavoidable emergency
cancellations {i,e. road closures) will be accepted by the Township up to
two hours before the game time with no penalty or charges to The Club or
commitment from the Township to provide alternate ice time.
The days and times indicated on the Permit will. continue depending on
The Club's Hockey season as required but not beyond Apri19, 2008.
{b) Excluded Dates:
Dates excluded will be indicated on the Permit including certain holidays,
tournaments and other events.
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11. Record Keeping
The Club agrees to maintain an accurate count of the number of people admitted
for each game. The Club agrees to maintain all necessary records for the duration
of this Agreement and to provide a detailed breakdown of attendance to the
Township upon request.
12. Removal of 4ffendin~ Patrons
Township employees shall have the right to refuse admission to any person or
persons to the Arena, or may require that any person leave or be removed from
the Arena.
13. Damage to the Premises
The Club agrees to assume responsibility for all costs relating to repairs to The
Arena structure and contents resulting from misuse of the facilities by The Club
or its guests.
14. Stored Equipment
It is understood and agreed that any equipment left or stored at the Arena shall be
the responsibility of The Club and The Club agrees to indemnify and save
harmless The Township for any claim ar claims against such equipment so left or
stored. The Club agrees to remove all equipment from The Arena, including
equipment belonging to its hockey players, immediately at the end of the hockey
season. The Club is obligated to ensure that storage is neatly organized and not in
contravention of fire codes or health standards. The Township reserves the right
to inspect the rooms used by The Club and stipulate requirements to ensure health
& safety.
15, Local Hockey Assistance
The Club will provide players, coaches and training staff to assist Oro-Minor
hockey with its local hockey program, The Club also agrees to provide additional
assistance to the Ora-Minor Hockey League and Oro Skating Club with terms
being agreed upon. between the parties.
16, Use of Banquet Hall
The Club shall be entitled to have the use of the Banquet Hall in The Arena
subject to availability under separate permit at the described. casts in 4b. The
terms of this agreement will also apply to use of the Banquet Ha11.
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17. Use of Township Symbol ar Logo
The use of The Township symbol or logo is not permitted and is strictly
prohibited without written consent from the Manager of Recreation and
Community Services.
18. Invoices and Payment
(a) IVlonthly payments of from The Club to the
Township commence September, 2008 far ongoing ice rental. Payments
are due the last business day of each month. The final month will be
adjusted. to reflect the actual balance due. Monthly statements will be
issued. The parties hereto agree to keep proper and complete accounts to
enable each party to obtain sufficient information in order to determine
what monies are due and payable under the terms of this Agreement. A
representative of the Township of Oro-Medonte will be on the Oro-
Medonte 77's Executive to act as liaison far the Township anal will attend
monthly meetings of the Executive.
(b) Overdue accounts will be charged interest at a rate of 15°Jo per month; failure
to pay accounts promptly may result in Agreement and Permit cancellation.
19. Insurance
The Club shall provide an up-to-date copy of its liability insurance policy with
coverage of not less than TWO MILLION DOLLARS ($2,000,000.00) showing
the Township as an additional named insured.
20. Guarantee
(a} The Oro-Medonte 77's Hockey Club, of the Township of Oro-Medonte,
County of Simcoe, hereby guarantees all and punctual payment of monies
which are, or may became due and owing to the Township by The Club in
accordance with the terms of this Agreement.
(b} If The Club:
(i} shall fail to pay any of its monthly installments far on-going ice
rental or other sums payable under this Agreement when due, and.
allow such. default to continue for five (5) days following the
giving by the Township to The Club of written notice of such
default, or
(iii if The Club shall fail to perform. any of the other covenants or
conditions in this Agreement or if The Club fails to observe or
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perform any of the above, and allows any such default to continue
for fifteen { 15) days following the giving by the Township to The
Club written notice of such default, then,
the Term of this Agreement may, at the option of the Township and
without notice to The Club, be terminated and the entitlements vested in
The Club and any and all other rights of The Club hereunder shall
thereupon immediately cease and expire as fully and with like effect as if
the entire term of the Agreement had elapsed.
{c) If The Club shall default in the performance of any covenant {other than
any covenant to pay Rent) an its part to be performed under this
Agreement, and if such default shall continue for fifteen (15) days
following the giving by the Township to The Club written notice of such
default, the Township may enter upon the assigned rental premises and
shall not be liable to The Club for any loss or damage to The Club's
merchandise or business caused by acts of the Township, acting
reasonably in sa remedying the default or neglect of The Club.
{d) if the Township at any time is compelled or elects to pay any sum of
money or do any act which would require payment of any sum of money
by reason of the failure of The Club to comply with any provisions of this
Agreement or if the Township is compelled or elects to incur any expense,
including legal fees, by reason of any default of The Club under this
Agreement, the sum or sums, including legal fees on a solicitor and client
basis, so paid by the Township with all interest, costs and damages shall
be deemed to be Additional Rent hereunder and shall be paid by The Club
to the Township forthwith upon demand and upon presentation of proof of
payment.
{e) If the Township shall re-enter or if the Agreement shall be terminated as
set out above, then Rent in the farm of the monthly installments shall.
immediately become due from The Club and be paid up to the time of
such re-entry ar termination, together with reasonable expenses of the
Township..
21. Termination Upon Notice Without Cause
The Township shall have the right to terminate this Agreement, in whale or in
part, without liability, upon completion the Term of the said agreement.
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22. Termination Upon Notice With Cause
The Township may terminate this Agreement forthwith, without liability, and
without limiting any of its other rights or remedies, upon written. notice to The
Club if:
{a) The Club is in breach of, or attempts to breach, any of its obligations
under this Agreement;
{b) The Club is unable to pay its debts when due or is insolvent, is ordered or
adjudged to be bankrupt, is placed in the hands of a receiver, enters into
any scheme or composition with her creditors, is dissolved, liquidated or
wound up, ar makes any assignment far the benefit of their creditors; or
{c~ Either party is unable to carry out their obligations under this Agreement
by reason of a Force Majeure, meaning any bona fide delay or state of
affairs beyond the control of a party {other than as a result of financial
incapacity) which shall cause any party to be unable to fulfill or to be
delayed or restricted in the fulfillment of an obligation.
23. Assignment
The Club may not assign this Agreement or any of its rights hereunder or assign
ar delegate any of its obligations hereunder without the prior written permission. of the
Township. Any such assignment shall be null and void. This Agreement and The Club's
rights and obligations hereunder may be assigned by the Township. This Agreement
shall bind and inure to the benefit of the parties hereto and their respective and permitted
successors and assigns.
24. Entire Agreement
This Agreement contains the entire agreement between The Club and the
Township and supersedes any prior agreement, obligation, statement, representation,
understanding, warranty or communication, whether oral or written. No waiver ar
modification of any provision of this Agreement shall be binding unless it is in writing
and signed by each of the parties.
21. Notice
Any notice required or permitted to be given hereunder shall be given in writing
and shall be deemed to have been received {i) upon personal delivery, or {ii) five days
after being deposited in the Canadian mail system, whether by registered or certified
mail, express mail, or postage prepaid, where addressed to either party at the addresses
set forth herein. Either party may change its address for the purpose of notice by giving
written notice to the other party of such change.
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Notice under this Agreement shall be provided to:
TO: Oro-Medonte 77's Hockey Club
Telephone Number: (705)
Fax Number: (705)
AND TO: The Corporation of the Township of Oro-Medonte
148 Line 7 South
Box 100, Ora, Ontario
Oro, Ontario LOK 1 TO
Attention: Manager of Recreation and Community Services
Telephone Number: (705) 487-2171 Extension. 7237
Fax Number: {705) 487-0133
SIGNED, SEALED and DELIVERED by the parties hereto:
Signed in the presence of:
Signed in the presence of
~~~ -
The Corporation of the Township of Oro-
lYledonte
.;'
Per: ~--
Harry Hughes - Mati cf
per. ~ ~ `_ _ r
Doug Irwin -Clerk
The Oro-Medonte 77's Junior
Hockey Club
Per: ~ ~~
Per:
We have the authority to bind The Oro-
Medonte 77's Junior Hockey Club
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