2009-045 Agreement Between The Township of Oro-Medonte and Oro Minor Hockey Associationp OF ORp-MEDONTE
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Schedule "A" to
By-Law No. 2009-045
This Agreement made this 8 day of April, 2009.
BETWEEN:
The Township of Oro-Medonte
(hereinafter called "the Township")
- and -
Oro Minor Hockey Association
(hereinafter called "OMHA")
WHEREAS The Oro Minor Hockey Association has the intention of utilizing an
office in the Hawkestone Community Hall, hereinafter referred to as "The Hall".
AND WHEREAS The Hawkestone Community Hall is owned by the Township
of Oro-Medonte and operated by the Hawkestone Community Hall Board,
hereinafter referred to as "The Board".
AND WHEREAS all parties wish to clarify the conditions affecting use of the
Hall;
NOW THEREFORE the parties hereto covenant and agree each with the other
as follows:
Term of Agreement
This Agreement shall be in force and effect from April 1, 2009 to April 1, 2010.
And will be reviewed prior to the termination of this agreement.
After 3 months, the terms of this agreement will be transferred to the Oro-
Medonte Minor Sports Association.
2. Use of Facility
(a) In accordance with this Agreement, the OMHA is hereby entitled to the
exclusive use of the basement office located in the hall. The OMHA will also be
granted to access of storage area adjacent to the office.
(b) The Hall facilities, which the OMHA shall be entitled to use for the duration
of this Agreement, shall include the following:
(i) Exclusive use of the lower level office
(ii) Storage area adjacent to office
(iii) Washrooms and Kitchen Area
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(iv) Other areas as to be agreed upon between OMHA and the board
(v) The board will provide OMHA with high speed internet in the
office area.
3. Conditions of the agreement
(a) The Recreation and Community Services Department may cancel this
Agreement upon notice at any time if the OMHA does not meet the
obligations set out therein including timely payment.
(b) OMSSA must comply with all Federal and Provincial laws and Township
By-laws, Policies and Procedures.
(c) OMHA is prohibited from selling or distributing articles in any facility
without prior consent from the Director of Recreation and Community
Services.
(d) OMHA agrees to follow all posted rules and regulations of the hall. All
activities must be conducted in a professional manner.
(e) The Hawkestone Community Hall is a smoke free facility and all
visitors to the facility must abide by the no-smoking regulations in
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(f) The rental to OMHA will include access to the Hall internet and the
OMHA will provide a separate phone line installed at their cost.
(g) The office will be primarily used by the sports coordinator Monday thru
Friday from 9:00am to 5:00pm, it is understood that hours and days of use
may vary.
(h) Use of the main hall is to be arranged with terms to be negotiated between
OMHA and the Board
(i) OMHA shall be responsible to ensure that all facilities used are kept in a
cleanly manner, and good state of repair.
(j) The board shall be responsible for providing high speed internet and
paying all utilities for the duration of the agreement.
(k) The board shall seek the approval of OMHA prior to entering the office.
(1) The Township shall be under no liability whatsoever to any person, firm
or Corporation for any damages or injury, including death, to any person
or persons caused by or resulting from use of the hall by OMHA, his
servants or agents, and OMHA shall, from time to time, and at all times
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hereafter, protect, indemnify and forever save and keep harmless the
Township, and / or its officers, agents and servants, against any damage,
penalty, fire claim, judgment, costs, expense or charge suffered, imposed,
assessed or incurred for any violation or breach of any law occasioned by
any act, neglect or omission of the OMHA or his servants or agents.
4. Rental Fee
(a) The OMHA hereby agrees to pay $3780.00 inclusive of GST to the
Township of Oro-Medonte for use of the hall for the duration of this
agreement. $315.00 will be paid monthly to the Township and applied to
revenue of the board.
(b) Rental Fees for use of the main hall shall be negotiated between OMHA
and the Board.
5. Keys
(a) The Township/board shall supply keys to the OMHA.
(b) Keys cannot be consigned to others unless OMHA has obtained the prior
written approval of the Township.
6. Building Security
(a) OMHA shall be responsible for securing the building and turning off all
lights prior departing the hall after use.
7. Adherence to Legislation, By-laws and Policy
(a) OMHA agrees to assure that its use of the Hall, shall conform to all
relevant Township by-laws and policy, Provincial/Federal legislation and
the regulations of the Liquor License Control Board of Ontario.
8. Requirements Regarding Serving Alcohol:
(a) In the event OMHA wishes to serve alcohol, it is the sole responsibility of
OMHA 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
OMHA will be held solely liable for injuries and/or damages arising from
failure to adhere to Township policy and regulatory requirements.
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9. Fire Safety
(a) OMHA will review, understand and comply with the Hawkestone Hall
Fire Safety Plan.
(b) OMHA shall not exceed the maximum occupancy of the Hall.
(e) All exits must be kept free and clear at all times.
10. Damage to the Premises
OMSSA agrees to assume responsibility for all costs relating to repairs to The
Hall and contents resulting from misuse of the facilities by OMHA or its guests.
11. Stored Equipment
It is understood and agreed that any equipment left or stored at the hall shall be
the responsibility of OMHA and OMHA agrees to indemnify and save harmless
The Township and the Board for any claim or claims against such equipment so
left or stored. OMHA 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 OMHA and stipulate requirements to ensure
health & safety. All stored items are to be promptly be removed upon the
termination of this agreement.
12. Insurance
Prior to execution of this Agreement by the Township, OMHA shall provide
proof of liability insurance covering personal liability and property damage in a
minimum amount of Two Million Dollars ($2,000,000.00). The said insurance
must be with an insurer satisfactory to the Township, and the policy shall show
loss payable to the Corporation of the Township of Oro-Medonte and OMHA
jointly.
13. Guarantee
(a) The Oro Minor Hockey Association, of the Township of Oro-Medonte,
County of Simcoe, hereby guarantees all and punctual payment of monies
which are, or may become due and owing to the Township by OMHA in
accordance with the terms of this Agreement.
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(b) If OMHA:
(i) shall fail to pay any of its monthly installments for on-going 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 OMHA of written notice of such default; or
(ii) if OMHA shall fail to perform any of the other covenants or
conditions in this Agreement or if OMHA fails to observe or
perform any of the above, and allows any such default to continue
for fifteen (15) days following the giving by the Township to
OMHA written notice of such default; then,
the Term of this Agreement may, at the option of the Township and
without notice to OMHA, be terminated and the entitlements vested in The
Club and any and all other rights of OMHA hereunder shall thereupon
immediately cease and expire as fully and with like effect as if the entire
term of the Agreement had elapsed.
(c) OMHA shall default in the performance of any covenant (other than any
covenant to pay Rent) on 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 OMHA written notice of such default, the Township
may enter upon the assigned rental premises and shall not be liable to
OMHA for any loss or damage to OMHA merchandise or business caused
by acts of the Township, acting reasonably in so remedying the default or
neglect of OMHA.
(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 OMHA 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 OMHA 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 OMHA
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 form of the monthly installments shall
immediately become due from OMHA and be paid up to the time of such
re-entry or termination, together with reasonable expenses of the
Township.
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14. Termination Upon Notice Without Cause
The Township shall have the right to terminate this Agreement, in whole or in
part, without liability, upon completion the Term of the said agreement.
15. 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 OMHA
if.
(a) OMHA is in breach of, or attempts to breach, any of its obligations under
this Agreement;
(b) OMHA 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, or makes any assignment for 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.
16. Assignment
OMHA may not assign this Agreement or any of its rights hereunder or assign or
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
OMHA'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.
17. Entire Agreement
This Agreement contains the entire agreement between OMHA and the Township
and supercedes any prior agreement, obligation, statement, representation,
understanding, warranty or communication, whether oral or written. No waiver or
modification of any provision of this Agreement shall be binding unless it is in
writing and signed by each of the parties.
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18. 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.
Notice under this Agreement shall be provided to:
TO: OMHA
Telephone Number: (705) 309-4719
Fax Number: (705)
AND TO: The Corporation of the Township of Oro-Medonte
148 Line 7 South
Box 100, Oro, Ontario
Oro, Ontario LOK I TO
Attention: Director, 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: The Corporation of the Township of Oro-
Medonte
Doug ~fwin -
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Signed in the presence of. O
t g: Pf
PE
Minor Hockey Association
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We have the authority to bind l lie Uro