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2009-130 agreement between the Township of Oro-Medonte and the Oro-Medonte 77's Junior Hockey ClubTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2009-130 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE TOWNSHIP OF ORO-MEDONTE AND THE ORO-MEDONTE 77'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 Council to ensure that administrative practices and procedures are in place to implement the decisions of Council; 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 2009/2010 hockey season. NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. THAT the Mayor and Clerk be authorized to execute the Agreement attached hereto as Schedule "A" and forming part of this By-Law. 2. THAT This Agreement shall be in force and effect from September 16, 2009 to April 6, 2010 or until the end of The Club's 2009/2010 Hockey season, whichever date occurs first. The date will not go beyond April 9, 2010. 3. THAT this by-law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 23RD DAY OF SEPTEMBER, 2009. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 23RD DAY OF SEPTEMBER, 2009. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. HV'Ahes Clefk, J. Doun-fas Irwin Schedule "A" to By-law No. 2009-130.- This Agreement made this 23 day of 'September, 2009 BETWEEN: The Township of Oro-Medonte (hereinafter called "the Township") - and - The Oro-Medonte 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 2009/2010 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: 1. Term of Agreement This Agreement shall be in force and effect from September 16, 2009 to April 6, 2010 or until the end of The Club's 2009/2010 Hockey season, whichever date occurs first. The date will not go beyond April 9, 2010. 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 2009/2010 hockey season. (b) The 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. 1of10 (iii) Banquet Hall (under Separate Permit) 3. Conditions of the Arena/Banquet 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 Director of Recreation and Community Services. (d) The Permit holder agrees to follow all posted rules and regulations of The Oro-Medonte Community Arena. All activities must be conducted in a professional manner. (e) The Permit holder must be 18 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 and/or 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 Oro-Medonte is a smoke free facility and all visitors to the facility must abide by the no-smoking regulations in place. (h) Flood 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 Hall (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 for ensuring compliance with the Municipal Alcohol Policy. 2 of 10 4. Rental Fee (a) The Club hereby agrees to pay $77.00 / 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 or used by The Club; (b) The club agrees to pay $164.00 for licensed functions in the Banquet Hall (Booster Club) $290.00 for Special Events with LCBO Special Occasion Permit and $28.00/ hour for 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. 5. Keys (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 Officers/Security 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. 3of10 7. Adherence to Legislation, By-laws and Policy (a) The Club agrees to assure that its use of the Arena, including the Banquet Hall for Booster 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. 8. Requirements Regarding Serving Alcohol: (a) In the event The Club wishes to serve alcohol, it is the sole 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 and/or 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 (Lobby and Stands) - 40 persons Banquet Hall - 100 persons Note: The maximum occupancy and the following distribution numbers are based on crowd control and functionality of facility. It is understood that the movement of spectators will occur throughout the hockey games. 4 of 10 (c) The occupancy in the following areas shall be maintained at all times: Bleachers - 225 Seated and 40 Standing Lobby - 35 Seated and 60 Standing Banquet Hall - 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. (f) 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 4(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 April 9, 2010. (b) Excluded Dates: Dates excluded will be indicated on the Permit including certain holidays, tournaments and other events. 5of10 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 Offending 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 or 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 Oro-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 costs in 4b. The terms of this agreement will also apply to use of the Banquet Hall. 6 of 10 17. Use of Township Symbol or Logo The use of The Township symbol or logo is not permitted and is strictly prohibited without written consent from the Director of Recreation and Community Services. 18. Invoices and Payment (a) Monthly payments of 2198.33 for 6 months from The Club to the Township commencing September, 2009 for 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 for the Township and will attend monthly meetings of the Executive. (b) Overdue accounts will be charged interest at a rate of 18% 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 become 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 for 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 (ii) 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 7 of 10 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) 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 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 so 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 form of the monthly installments shall immediately become due from The Club and be paid up to the time of such re-entry or 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 whole or in part, without liability, upon completion the Term of the said agreement. 8 of 10 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, 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. 23. Assignment The Club 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 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 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. 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. 9 of 10 Notice under this Agreement shall be provided to: TO: Oro-Medonte 77's Hockey Club c/o Mark Cardiff 104 Cumberland St. Barrie, ON L4N 2P7 Telephone Number: (705) 796-8343 AND TO: The Corporation of the Township of Oro-Medonte 148 Line 7 South Box 100, Oro, Ontario Oro, Ontario LOK 1TO 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 1.9 Per: Harry Hughes - a r Pe Doug /Vin' - r Signed in the presence of The Oro-Medonte 77's Junior Hockey Club Per: Per: Jeff Stack We have the authority to bind The Oro- Medonte 77's Junior Hockey Club 10 of 10