Additions 2010/11/08ADDITIONS TO COUNCIL, MONDAY, NOVEMBER 8, 2010
CORPORATE SERVICES
1. F- 2010 -62
Boys and Girls Club ISF Capital Project Update
a) Email from John Castrilli, Director of Building Services.
2. MW- 2010 -65
Historic Drummondville Area Municipal Improvements
3. PD- 2010 -85
Downtown Infrastructure Revitalization Project Phase 2
a) Email from Councillor loannoni requesting a deferral.
COUNCIL
By -laws
Additional By -laws
1. 2010 -160 A by -law to authorize the execution of a Licence Agreement with the
Chippawa Jr. "C" Hockey Club respecting the Chippawa Jr. "C"
Hockey Club's licence to operate from the Gale Centre.
2. 2010 -161 A by -law to authorize the execution of a Licence Agreement with The
Russell Masterson Amateur Athletic Club respecting The Russell
Masterson Amateur Athletic Club's licence to operate from the Gale
Centre.
(11/5/2010) Dean lorfida - Re: Boys and Girls Club Page 1
From: John Castrilli
To: Todd Harrison
CC: Dean Iorfida; Ken Todd
Date: 11/5/2010 1:42 PM
Subject: Re: Boys and Girls Club
Todd
Thank you.
The Boys and Girls Club made an original submission of a complete set of drawings for the requested
issuance of a Footing and Foundation permit in order to expedite construction.
Building Services permit fee calculations at that submission based on Gross Floor Area were as follows.
Building Permit Fee $ 52,235.79
City DCs $ 153,000.00 - Subsequently added to original funding by Council.
Sometime after Councils approval of the $ 2.153 million Building Services received a Revised Set of
construction drawings. During the review process of the revised drawings it was noted that a mezzanine
level had been added to the building which in turn increased the gross floor area. The additional gross
floor area therefore increased both the building permit fee as well as the applicable City DCs as follows.
Building Permit Fee $ 5,223.74
City DCs $ 22,976.00
The total building permit fee was calculated to be $ 57,745.53 which was not requested to be granted by
Council in the original report and was collected prior to the issuance of the final permit.
The increase in the gross floor area as a result of adding a mezzanine level increased the City DCs by $
22,976.00 resulting in the total City portion to $ 175,976.00.
Accordingly the $ 22,976.00 remains outstanding and is required to be collected at some point prior to
occupancy of the building either through a further extension of the original grant or directly from the Boys
and Girls Club.
Please let me know if you require additional information.
Regards
J Castrilli
»> Todd Harrison 11/5/2010 12:28 PM »>
John,
Thank you for providing additional information on the building permit fee for this property.
Could you provide me with an email that corrects the information I was previously provided in respect to
the Building permits payment and also in the email could you provide an explanation of the additional City
DC's .
I would like your email to go out in the additional information package today so that this issue is clarified
for Council before the weekend.
Thanks
Todd
NiagaCart0
REPORT TO:
SUBMITTED BY:
SUBJECT:
RECOMMENDATION
EXECUTIVE SUMMARY
BACKGROUND
Victor Pietrangelo, Chair
and Members of the Corporate Services Committee
City of Niagara Falls, Ontario
Municipal Works
MW- 2010 -65
Contract #2010 - 220 -09
Historic Drummondville Area
Municipal Improvements and Streetscaping
Ferry Street and Main Street
MW- 2010 -65
November 8, 2010
1. The contract be awarded to the lowest bidder Alfidome Construction Ltd. at the
tendered price of $4,651,338.75.
2. That the Mayor and City Clerk be authorized to execute the necessary contract
documents.
The replacement of the existing watermain and the separation of the existing combined
sewers on Ferry Street, the replacement of the existing streetlighting and upgrading of the
streetscaping on both Ferry Street and Main Street is a priority project as part of the
ongoing programme of works identified in the CIP for the Historic Drummondville Area.
The scope of the project area is on Ferry Street form Main Street to Stanley Avenue and
on Main Street from Ferry Street to Robinson Street. Tenders for this contract were
opened on Thursday, November 4 2010 and the lowest bid of $4,651,338.75 received
from Alfidome Construction Ltd. is being recommended for acceptance. This project was
part of the approved 2010 Capital Budget.
An extensive program of Capital Improvement Works for the Historic Drummondville CIP
Area was derived from recommendations contained in the Conceptual Urban Design
Guidelines for the area along with an assessment of the existing municipal infrastructure.
The program consists of underground infrastructure improvements (watermain
replacement, combined sewer separation), roadway surface and sidewalk improvements,
streetlight replacement and streetscaping features and was previously approved by
Council. The approved 2010 Capital Works budget contains an estimated $5.5 million in
underground improvements on Ferry Street and surface works and streetscaping
improvements on both Main Street and Ferry Street.
November 8, 2010 MW- 2010 -65
The Tender Opening Committee, in the presence of the City Clerk, Mr. Dean Iorfida, and
the Manager of Supply and Services, Mr. Ray Miller, opened tenders on Tuesday,
November 2 "d , 2010 at 1:30 p.m. for the above noted contract.
Tender documents were picked up by seventeen (17) Contractors and nine (9) bids were
received.
Listed below is a summary of the totalled tendered prices, excluding HST, received from
the Contractors. The tenders were checked and the corrected bids are shown in bold and
marked with an asterisk ( *).
1. Alfidome Construction Niagara Falls $4,651,365.86
$4,651,338.75*
2. Nexterra Substructures Niagara Falls $4,866,794.20
3. Provincial Construction Niagara Falls $4,949,223.02
$4,949,223.91*
4. Cotton Inc. Niagara Falls $5,043,460.60
$5,050,461.17*
5. Peter's Excavating Stevensville $5,072,067.00
$5,072,067.05*
6. V. Gibbons Contracting Stevensville $5,132,944.70
$5,053,023.42*
7. Centennial Infrastructure Niagara -on -the Lake $5,250,830.17
8. Rankin Construction St. Catharines $5,324,796.00
9. Alfred Beam Excavating Fort Erie $5,492,004.81
ANALYSIS /RATIONALE
The lowest tender was received from Alfidome Construction Ltd. in the amount of
$4,651,338.75. This contractor has performed similar type projects for the City. We are
of the opinion that this contractor is capable of successfully undertaking this project.
The Engineer's estimate for this project was $5,000,000.00. Timing of tenders for
construction, when the planned schedule permits, can play an important role in how
competitive the market will be, based on prospective bidders work Toads. The project is
scheduled to be completed by May 20 2011 up to base level asphalt. The final surface
course of asphalt and restorations are to be completed in the fall of 2011.
FINANCIAL IMPLICATIONS
This work was included in the approved Municipal Works Capital Budget for 2010.
The budgeted expenditure on Ferry Street is for the amount of $4,502,000.00 from
Account # 12 -3- 320001 - 030000.
November 8, 2010 MW- 2010 -65
Funding for this phase of the project will be derived from the following sources;
Transfer from Operating 2009 (completed) $ 866,601.00
Transfer from Operating 2010 $ 2,204,032.00
Gas Tax Funding $ 569,367.00
Region of Niagara CSO Map Funding $ 662,000.00
Contribution from Region of Niagara for Ferry Street Road Works $ 200,000.00 (est)
Total Funding $ 4,502,000.00
The budgeted expenditure on Main Street is for the amount of $930,000.00 from Account
# 12 -3- 320004 - 030000.
Funding for this phase of the project will be derived from the following sources;
Transfer from Operating 2010
Region of Niagara Public Realm Improvement Funding
Contribution from Main & Ferry BIA for Streetlighting
Total Funding
CITY'S STRATEGIC COMMITMENT
Implementation of this Capital Project meets the intent of Council's Strategic Priorities to
establish infrastructure investment priorities, and to strengthen and promote economic
development within the City.
LIST OF ATTACHMENTS
1. Location Plan - Ferry Street
2. Location Plan - Main Street
3. Typical Road Cross - Section
4. Sample Street Features
Recommended by:
Respectfully submitted:
$ 630,000.00
$ 100, 000.00
$ 200,000.00
$ 930,000.00
Geoff Holmaln, Director of Municipal Works
Ken Todd, Chief Administrative Officer
K. Schachowskoj
S: \REPORTS\2010 Reports \MW - 2010 -65 - Historic Drummondville Area - Municipal Improvements & Streetscaping - Ferry & Main.wpd
G
(9
o
0
N
2 W
w � ,
. ti -
tiai (7 : - .r .(--- i . - .
I. t_
I "'
W
Z
I....
2 ;r
CD co
co
s.
, r ,
H
U U ,� "�
IX
Q
V •Z ca
id
ce
N �1S�f1
Z 1.. a y /�t/'3N �. l 1,,, 2 ,.
ce
U Y Q � 13 r _. W W a)a) , r 1
0 H
ui U �' o ' '_ V' x * ' N w
W E ; ;
CL W Q "" C V , i .. t11 ( ..�_ ♦_i_. r 11; \.
o. CC Z n_ , ° a ; n . . " ` L i 4 -- vine
Q g a o l , � Cn 1_
C.) 2 ' ,fit; % 1
i w
r CD IX
I ° CC W 0 0 1 a � i o l t � T` ,
a IL a a u_ cn
10 a raw
.` j I, �s
O YS \\
q.: r
si
2
f I ._I no ' ,_,
f ^
-r . 1
y i_1
r.,%, . ' .ri
Z
CI. _ �
Q i
O 'I�,
(0 -1,
w
w _ _
0
I i ii -- - ,x
U� 1 1 ,
W Q any I7 BNl t 'Tt
I/ TT 1, 1 ^
1� i � _. 15 ',1, r
U Z �;, i � ( i re
I.
o � i
Z z o. L � (_. t f
r r
S . � y l c co
W W U 2 'E 1 '' _� s. 71 +'
0 Z O o X , `n ,ty,nui�e4 rkA m t
(.9 0 4-s ' f'' � .. . +' ,, I ,_. «1-• r �.�
(
O 0 0 0 >, -
CC CC ` " ,
1
1
w
o
IX
1- 03
2 cn F- N
C9 w
J W O 05
Q w 0 m Z
1 Z O Z U w O
o U a cOZ � O O
o W O c
W<Zin of
N N
O w m O O O
awxt aF-
OCC F- E O E
coo z
win 0
r____, i U
ti �i
(1)
ori
+..i�l
c cn
cr
U F-
0 W
CC
0 F-
FJ CC
W Z
Q O
U_ cc
Z a
J
CO m 0
r U
a
rn 1-
Or
N
J N
O
N
1
I ;o;Ifl.
rn
t ..i= l
r a
a
ori
+• i�l.
_____abli_ ,.I
F-
v)W
wo
(7.)
w o
ct
z co � §
I 2 §}
(z ]2 2 z
) o / « 2 2 d • 2 ) §% nz &0 k
S§A S3
0 w 0 ) ) (
§ \ $ §§ 2/ ,41,
4
§ z
wg
w b
#� n U) 0
( �k
___ - o z
o0
+.::=1. }` 7 \
III
_ / \ ) \ j
« u u) .
a _ 0 -�
a %
le $ \
111 ° LO
® § rl
k
, g
-J — - - c
§
,EI:11
LO
n
R. or
Z z
0
� '
der y I
i
\
�� . ` ^ 7
LJ
,_
oQ
z n
1
t
Q
U E
u) c
N >
O
o
5
a
•
I -se 11111 i
S C N
O cup
E E N
E m -0
'D • a� • C ( ,
o
d N
t
cu
E u n
o
U 111114'4: th Es.
O! '
O 13
C T
y C
.c 0 >
OI `7 N
n
A
2 3 $ v
a� '
aza y.
N
ID' .1141
w .... f 21.! -
(A ,`` V
t Q
v w
w t a
`c
v
Y + E F
O �$ m
. N
0) j� E E m
, l fit aa
.. i1
_ ` l ;,;
(7) 1-
t
gr
a) +-'
Cl C
as N o N.
4.— ^` N
N 0 8U
a- Cl. Y
T4
I
To
3 y
✓ o +'
N
E !• ,
lo 2
8 t
ea A t
N d
1
ce Ed
E
E s 9
is y m
co O1 W A
o.
II C ac
N
co C A
a N A
ii 3 •
r •
fY a z 5 1
..--. r,
c Q
C . c
0
o e
O a
i t E
m a E
N if m
'� 1 E
� 1 11
a) i
Cr) n;. F
a) co tu a.1
g.
ce
(1)
9.)
r t., f /
1.l E -z E ( . ....
— a)
•,.. 0 , • , O.-
`•-• E ra c ,
'?
1-- (13 --- 0
E -"-- ' ..:3
U) E ,:„ E
• i', 1 z f . a
c b- 0 , . .
o
0 . =
,... C tr, .2 d ■ ,.' a.
, 2 0:1 co
""i t."-- -- "4 r----- •.
4 '4 . i ' ■ '' '
■
---i, 1
".
1 ---- ,
, - .:
1. .. . •,
v. • i
' . 1
—I r"--1.
— 1 r - -
.
. i / yr 2
o_....., i g D 1'
,, t 1 y a) c ;
0, ,., V c
, o IF L: °' c o 6 ti
.. ..... -0
, 0 c
I 2 al
a, a
ce a
t I —
_c g iN 3 g o .. g 0 2
0. = 'S . rx •o
En a g (1) 1
i .5 Z
' ... c..)
V* 4 2 E i cr
1:3 -
• t :
.
g
u g, !..., r■
(A— a I g
1 a>
_
I V,
1...,.._ 6:1'
1 \
r t - E
a
177
11
D 1
. c3
Property t ine/Building
r
. 4 111101 H------_
III!. 1 ainEN - r
Mgr
V 7_,
1
--1
E
.vt 2 6
1 0
CO
°-
a.'
7,
i ., 5
1 76 o
/I e.64
, o N gi i o
= ■to. l gt22 s
- 0. o. co it Ir.
I
U
G N
O _ _
coy , c G.2 C C ( y q
u) %0� y mpL3y�
c .0
W 3 0, 7 C O .� O r , + _ . y a C a :E .0 y O . 0 0 F m '- a n V N `l
(6 a) @, Q • QO6 N.' 0' 4y) ° o
{ ]. C p c2 . h N cv
U t � U y N C C Q M • a
ii33 . C .i O a E
(n G C d rl ail E.:
C 0 m
..... w O,m •fo a o
hill I i !h1 1
CL
0 N 3 N G bCC 'e m>, =- W 41
- D - koutii '" '4 try/ • 11=71
G /
t
- .,1•� ' III■_') • i
4.. ti
t
0
N N
N O 9 G 2.'m q
N ; O J m a c
01 a. g c E- 0 3v� m
� 3 ,
C7 w a o 4 C'L � o d c'^ N4
'C ' y c q O L • m
O, . A 2 2 c N~ m E
�'3 ENOam to ot 6. r- c3agH WE C t!,122 dl
D c° m a m
u ?
, P>u��
/ . C a 'vma>=
i E .8d
o d, §T
.‘,4 m N 0 s
ill 11 . !n V G/ N 10
. t/
4i # --
r fit{ V
4,m 41 ) 1 s
VrN,
{ L
— i I!
I 41
.r.. v N v S V
d q H w N E
} � a o N NON•
88 t S) p yr `
1 �A N 0Eb
se' 6 �
g $ � o '�
1 I as alb el 0 p ny N J
(11/5/2010) Dean Iorfida - PD- 2010 -85 Downtown Infrastructure
From:
To:
CC:
Date:
Subject:
Hi Everyone
Carolynn loannoni
council @niagarafalls.ca
Dean Iorfida,Alex Herlovitch
11/4/2010 4:00 PM
PD- 2010 -85 Downtown Infrastructure
I am not there Monday and ask that this item please be deferred to the first council meeing of our new
term. I would like to participate in the discussion and vote.
Thanks
Carolynn
Page 1
CITY OF NIAGARA FALLS
By -law No. 2010 -
A by -law to authorize the execution of a Licence Agreement with the Chippawa Jr. "C" Hockey Club
respecting the Chippawa Jr. "C" Hockey Club's licence to operate from the Gale Centre.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. A Licence Agreement dated October 4, 2010 and made between The Corporation of the City
of Niagara Falls as City and Chippawa Jr. "C" Hockey Club as Licensee, respecting the
Licensee's operation and use of the Gale Centre, as attached hereto, is hereby approved and
authorized.
2. The Mayor and Clerk are hereby authorized to execute the said Licence Agreement.
3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said
Licence Agreement.
Passed this eighth day of November, 2010.
DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR
First Reading:
Second Reading:
Third Reading:
November 8, 2010
November 8, 2010
November 8, 2010
THIS AGREEMENT made this 4` day of October, 2010.
BETWEEN:
WHEREAS the Licensee is the sole Ontario Hockey Association Junior "C" hockey franchise in
the City of Niagara Falls;
AND WHEREAS the Licensee desires a licence to operate from the Gale Centre (the "Arena "),
which is owned by the City;
AND WHEREAS the parties desire to enter into this written licence agreement (the "Agreement "),
which contains the agreed upon terms and conditions of the Licensee's operation and use of the
Arena;
NOW THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and
conditions herein contained and for valuable consideration, the receipt of which is hereby
acknowledged, the parties hereto mutually covenant and agree as follows:
DEFINITIONS
1. In this Agreement, "game" shall mean, collectively, the exhibition, playoff and regular
season Junior "C" home hockey games of the Licensee played at the Arena, and "season"
shall collectively mean the exhibition, playoff and regularly scheduled Junior "C" season.
TERM OF THE AGREEMENT
THE CORPORATION OF THE CITY OF
NIAGARA FALLS
Hereinafter called the "City"
- and -
CHIPPAWA JR. "C" HOCKEY CLUB, a company
incorporated pursuant to the laws of the Province of
Ontario,
Hereinafter called the "Licensee"
OF THE FIRST PART;
OF THE SECOND PART.
2. Subject to earlier termination as provided for in this Agreement, the term of this Agreement
shall be from September 1, 2010 to and including August 31, 2015.
OPTION TO RENEW
3. Provided the Licensee duly and regularly and punctually pays the fees and all other sums
payable and observes and performs every covenant and proviso herein contained and is not
in default under any of the terms contained in this Agreement, the City shall, upon the written
request of the Licensee given to the City not more than six months and not less than three
months prior to the expiration of the original term of this Agreement grant to the Licensee,
a renewal of this Agreement for a further term of 5 years on the same terms and conditions,
save and except for the fees payable, which shall be negotiated reasonably by the parties
hereto, and the right of further renewal.
PAYMENT
4. Subject to paragraph 19 of this Agreement, the Licensee shall pay to the City the following:
(1)
(2) If required, 100% of the cost to the City of salaries and /or wages for ticket sellers,
ushers, parking attendants and ticket takers, and 100% of the cost for police services.
The cost of salaries and /or wages and police services are to be deducted by the City
from proceeds received by the City from the sale of tickets on the day of the game or,
if a shortfall should occur on any given day, on the day of the next game to be played
at the Arena or, if a shortfall should occur on any of the aforementioned days, by an
invoice to be sent by the City to the Licensee, which invoice shall be paid forthwith;
(3)
(4) The rental fee together shall be invoiced at monthly intervals during the season; and
Any invoice submitted by the City for the payment of ice time shall be paid by the
Licencee within 30 days of the date of the invoice.
EXPENSES AND TAXES
5. The Licensee agrees:
(5)
- 2 -
A rental fee calculated by multiplying the hourly fee established from time to time
by the Council of the City for Youth Prime Ice Rental by the number of hours of ice
time used by the Licencee for practice, exhibition, regular season and playoff hockey
games plus any applicable taxes including, without limiting the generality of the
foregoing, Harmonized Sales Tax;
Any and all fees associated with the playing of music in the Arena by the City during
the Licensee's games, which fees shall be invoiced by the City and shall be paid
forthwith by the Licensee;
MUSIC
(3)
(5)
USE OF THE ARENA
- 3 -
(1) To pay any and all applicable licence fees, union fees and taxes, including goods and
services tax, Harmonized Sales Tax and the retail sales tax, in connection with its
operation;
(2) To be responsible for hiring, directing and paying all game officials (including
referees, linesmen, goal judges and timekeepers), a certified first aid attendant or
other medically trained person, organist and public address announcer for its games
at the Arena;
To be responsible for hiring, directing and paying all ticket sellers, ticket takes,
ushers and parking attendants, as well as police, if required by the City, for the
Licensee's games at the Arena;
(4) To provide and pay for game tickets and envelopes for each of the Licensee's games
at the Arena;
Where any tax is payable in respect of the sale of any tickets to the Licensee's games
at the Arena (including, without limiting the generality of the foregoing, Harmonized
Sales Tax), the required amount of such tax shall be added to the price of each ticket
and shall be deducted from the monies received from the sale of each ticket and paid
to the taxing authority prior to any further distribution of monies received for the sale
of tickets pursuant to this Agreement; and
(6) That no additional expense of any kind associated in any way with the operation of
the Gale Centre shall be incurred by the City as a result of this Agreement.
6. The City agrees to obtain the licence for the playing of any music in the Arena during the
Licensee's games at the Arena, and shall invoice the Licensee every three months for any
fees charged in this respect.
7. (1) During the term of this Agreement the Licensee shall be granted the right to use the
Arena for the purposes of holding its games, practice sessions and training camps in
accordance with the terms and conditions of this Agreement. Except as otherwise
provided in this Agreement, the City reserves the right to the exclusive use of the
Arena for its purposes, or for the purposes of its agents, contractors, licensees or
other similar parties.
- 4 -
(2) In particular, without limiting the generality of the foregoing, the Licensee
acknowledges and agrees to rights granted by the City to other licensees and tenants
of the Arena.
Notwithstanding any provision in this Agreement to the contrary, the City shall be entitled
to exclusive use of the Arena, either in whole or in part, upon giving the Licensee five (5)
days prior written notice.
9. Notwithstanding any provision in this Agreement to the contrary, the City shall, at all
reasonable times, be entitled to inspect any part of the Arena used or occupied by the
Licensee in order to ensure proper repair, health and safety conditions, and the Licensee shall
permit the City, its employees or agents, to enter and work in the Arena on any matter the
City, in its sole and unfettered discretion, may deem appropriate.
10. Subject to the Special Events and Tournament Schedule, which sets out the dates and times
whereby the Licensee will not be entitled to use the Arena, and which Schedule will be
provided by the City to the Licensee no later than August 1 of each year, the Licensee shall
be entitled to use the Arena as follows:
(1) The City shall make the Arena available to the Licensee for regular season Junior "C"
home hockey games on Sundays between the hours of 6:30 p.m. and 10:30 p.m., and
on Thursdays between the hours of 6:30 p.m. and 10:30 p.m,. as an alternate game
time;
(2) The City shall make the Arena available to the Licensee for playoff Junior "C" home
hockey games on dates and at times to be mutually agreed upon by the parties at the
end of the regular Junior "C" hockey season;
(3)
The City shall make the Arena available to the Licensee for hockey practice sessions
during reasonable hours of the day on dates and at times to be mutually agreed upon
by the parties, which agreement shall occur no later than twenty -one (21) days before
the first regular season home game of the Junior "C" hockey season; and
(4) The City shall make the Arena available to the Licensee for a training camp during
reasonable hours of the day on dates and times to be mutually agreed upon by the
parties, which agreement shall occur no later than thirty (30) days before the first
regular season home game of the Junior "C" hockey season.
FACILITIES, EQUIPMENT AND PERSONNEL
11. The City agrees to provide the Licensee with the following facilities, equipment and
personnel during the regular and playoff hockey seasons only:
KEYS
- 5 -
(1) Facilities during the hockey season:
(a) Dressing rooms for home and visiting teams, referees and game officials;
(b) Sam Long Convenor Room and Press Box;
(c) Box Office facility;
(d) Manager, coaches and equipment storage and administrative offices; and
(e) First Aid room.
(2) Facilities during the term of Agreement:
(a) Dressing room and offices for home team. The City reserves the right to
have the said dressing room available for events or other City purposes at any
time other than the day or evening when there is a Junior "C" hockey game.
(3) Equipment:
(a) Keys for access to the rooms mentioned in clauses (1) and (2) and the security
system;
(b) Public address system, score clock, shot clocks, goal nets;
(c) Waste containers and cleaning supplies for the team dressing rooms; and
(d) Concession and hospitality services, which must be open for all games.
(4) Personnel:
(a) Full -time facility staff, including ushers and parking attendants; and
(b) Police, if required by the City.
12. The Licensee shall obtain and sign for each key issued to it by the City for the areas and rooms
of the Arena set out in this Agreement, and shall not duplicate any key issued without first
obtaining the consent of the City and shall abide by all rules of the City respecting building
security. The Licensee shall return such keys within 48 hours of a request by the City for their
return, failing which the locks shall be changed and the Licensee shall be charged for the costs
of so doing.
GAME CANCELLATION
TICKET SALES
6
13. Should any game be cancelled, the Licensee shall make all reasonable efforts to inform the
public of the cancellation and the Licensee shall be responsible for refunding the monies paid
for the cancelled game.
14. The prices to be charged for individual game tickets for the Licensee's games shall be in the
sole discretion of the Licensee.
15. The hours of sale for game tickets shall be during times mutually agreed to in writing by the
Licensee and the City's Manager of Recreation Facilities.
16. Ticket sales shall take place from the Box Office Facility of the Arena.
PLACEMENT OF TABLES
17. The Licencee shall be entitled to place two (2) tables of reasonable size in a location to be
approved by the City, acting reasonably, for the purpose of selling programs and novelty items
in the nature of hockey souvenirs.
SOUVENIR SALES
18. The Licensee, or its nominee as approved by the City, shall be entitled at its sole risk and
expense to the exclusive right to sell programs and novelty items in the nature of hockey
souvenirs during the Licensee's games. Such sales shall occur from a place or places within
the Arena which have been mutually agreed upon by the parties, and the Licensee or its
nominee shall be entitled to retain the revenues therefrom subject to the terms and conditions
of this paragraph. The Licensee shall be responsible for obtaining any permits required in
connection with the sale of such programs and hockey souvenirs and shall be responsible for
complying with, conforming to and carrying out all applicable requirements under any laws,
regulations or orders related to such use including, but not limited to, the laws, regulations and
orders pertaining to employment of persons and harmonized sales tax.
REVENUE IN LIEU OF ADVERTISING
19. (1) In each year of the term of this licence, in lieu of the advertising revenue that was
previously raised by the Licensee by locating signs at various locations in the
Chippawa Willoughby Arena, the City will provide to the Licensee an annual grant.
(2) The grant shall be calculated by subtracting the sum of the product of multiplying the
number of hours of ice time used by the Licensee in any one year of the term of this
(3) In the event that the calculation described in sub - paragraph 19 (2) results in a positive
number, the City shall pay to the Licensee the resulting amount.
(4) In the event that the calculation described in sub - paragraph 19 (2) results in a negative
number, the Licensee shall pay to the City the result of the calculation multiplied by
negative one (- 1).
BROADCASTING
- 7 -
Agreement by the City's Youth Prime Ice Rental Rate plus any additional sums owing
to the City pursuant to paragraph 4 of this Agreement from the sum of $20,000.00.
20. The Licensee shall have the right to arrange for broadcasting by radio and /or television of the
Licensee's games at the Arena at its sole expense and responsibility, subject to prior approval
of the location and facilities by the City's Manager of Recreation Services, and the Licensee
shall receive all revenue derived therefrom.
CLEANING AND HEATING OF THE ARENA
21. The Licensee shall use its best efforts to keep and maintain the Arena in a good and clean
condition and in a safe and secure condition during its use of same.
22. The City shall, at its own expense, heat the Arena in a reasonable manner for the comfort of
the persons using the Arena. Should a breakdown of the heating system occur, the City will
use its best efforts to repair the system forthwith, but nothing herein shall be construed as
placing any liability upon the City for any consequential damages, real or perceived, suffered
by the Licensee as a result of such heating system failure.
REMOVAL OF EQUIPMENT
23. The Licensee agrees to remove any and all equipment belonging to it from the Arena, except
at the end of each hockey season or in any event within 48 hours of a request made by the City
for such removal.
24. Notwithstanding paragraph 23 above, equipment belonging to the Licensee can be stored in
the off season in the Offices and Storeroom illustrated in Schedule "A" with the express
written consent of the City's Manager of Recreation Facilities, which consent shall not be
unreasonably withheld.
25. The Licensee agrees that if such equipment is not removed by the time indicated, and the
circumstances necessitate the removal of such equipment by the City, then the City is hereby
authorized to remove the said equipment at the sole risk of the Licensee, and the City shall
not be liable for any claims for damages or otherwise arising therefrom.
DAMAGE AND VANDALISM
26. The Licensee shall make no structural changes of any kind whatsoever to the Arena without
the prior written approval of the City, and shall leave the Arena in the same condition as at
the commencement of the term of this Agreement, normal wear and tear excepted.
27. The Licensee will be charged and agrees to pay for the cost of any repairs to the Arena that
the City is required to make in order to restore the Arena to the condition it was in prior to any
structural change by the Licensee.
28. The Licensee will be charged and agrees to pay for the cost of any repairs of damage or
vandalism which are found in those areas of the Arena provided to the Licensee and set out
in the Special Events /Tournament Schedule, during the dates and times that the Licensee -is
in use of those areas and which the City is required to make in order to restore the Arena to
its prior condition.
INSURANCE, LIABILITY AND INDEMNIFICATION
29. (1) The Licensee agrees to carry insurance for the protection of the public, Licensee's
members and its employees, during the term of this Agreement, all at its own expense.
The Licensee shall take out and keep in force public liability and property damage
insurance with insurers and upon terms and conditions satisfactory to the City
protecting and indemnifying the Licensee and the City, its officers, employees and
agents against any claims for damage for bodily injury to persons or property or for
the loss of life occurring in, on, or about the Arena premises with all inclusive
coverage of not less than $5,000,000.00.
(2) Such policy to include the City as an additional insured and to be endorsed to include
the contractual obligation of the Licensee to the City under this Agreement and to
contain "cross liability" or "severability of interests" endorsement and tenants legal
liability endorsement.
(3)
8
The Licensee agrees to furnish the City with a Certificate of Insurance in a form
satisfactory to the City Solicitor showing proof of insurance on or before the
acceptance of this Agreement by the City.
CITY NOT LIABLE FOR LOSS OR DAMAGES
30. The Licensee agrees that the City shall not be liable for any loss or damage sustained to any
items belonging to the Licensee, its employees, players, agents or contractors engaged by the
Licensee that are kept, used or stored in the facilities of the Arena at any time.
- 9 -
31. It is hereby understood that the City shall not be liable for any injury or damage, either to a
person or property, loss of revenue, costs or expenses sustained by the Licensee or members
or employees of the Licensee or volunteers of the Licensee by using the Arena, including
icemaking equipment not in good repair, damaged or destroyed by fire, accident or from any
other cause whatsoever, or any damages or losses caused by the bursting or leaking of any
pipes. The City shall not be liable for any damage to or loss or theft of the property of the
Licensee or members of the Licensee or its employees, servants, agents or other persons using
or attending the Arena.
32. If the Arena shall be destroyed or damaged or rendered unsuitable by any reason of, but not
limited to, fire, storm, flood, explosion, riot, any act of violence, strike, lockout, other labour
dispute, act of God, or any act of a governmental authority to such an extent as to render the
Arena unfit for the purposes of the Licensee as set out in this Agreement, then every effort
shall be made to provide alternate ice facilities under the same terms and conditions of this
Agreement at another City arena, failing which this Agreement shall be null and void. The
City shall not be liable or responsible to the Licensee for any loss or damage caused by the
said destruction or unsuitability of the Arena, and the Licensee hereby waives any claim or
action it may have against the City with respect to any loss and damage resulting from the
termination of this Agreement.
LICENSEE INDEMNIFICATION
33. The Licensee shall assume all liability and obligation for any and all loss, damage, or injury
(including death) to persons or property that would not have happened but for the entering
into of this Agreement by the parties hereto or anything done or maintained by the Licensee
thereunder or intended so to be and the Licensee shall, at all times, indemnify and save
harmless the City, its officers, employees and agents from and against all such loss, damage
or injury and all actions, suits, proceedings, costs, charges, damages, expenses, claims or
demands arising therefrom or connected therewith.
TERMINATION OF AGREEMENT
34. If the Licensee fails to pay the City any monies due and payable pursuant to this Agreement
on the days when they have become due, or if the Licensee is in default or breach of any
covenant or obligation on its part herein contained, or if the privileges hereby granted shall
be at any time seized or taken in execution or in attachment by any creditor of the Licensee,
or if the Licensee shall become bankrupt or make any assignment of the privileges hereby
granted in violation of the terms of this Agreement, the Licensee shall have fourteen (14) days
to remedy the default or breach, failing which the City may cancel this Agreement by
delivering to the Licensee notice in writing to that effect and this Agreement shall be
terminated without prejudice to any rights which had accrued to the City hereunder before
such termination.
NOTICE
- 10 -
35. (1) Where this Agreement requires notice to be delivered by one party to the other, such
notice shall be in writing and delivered either personally, by e -mail, by fax or by
prepaid registered first class post, by the party wishing to give such notice, to the other
party at the address noted below.
(2) Such notice shall be deemed to have been given:
(a) In the case of personal delivery, on the date of delivery;
(b) In the case of e -mail or fax, on the date of transmission provided it is received
before 4:30 p.m. on a day that is not a holiday, failing which it shall be
deemed to have been received the next day, provided the next day is not a
holiday; and
(c) In the case of registered post, on the third day, which is not a holiday,
following posting.
Any notice required or contemplated by any provision of this Agreement will be
effectively given, in the case of notice to the Licensee at:
Chippawa Junior "C" Hockey Club
c/o Mr. Mick Wolfe
6327 Stamford Green Drive
Niagara Falls, Ontario
L2J ITS
Telephone: (905) 357 -2576
Fax: (905) 937 -6129
and in the case of notice to the City, at:
The Corporation of the City of Niagara Falls
4310 Queen Street
P.O. Box 1023
Niagara Falls, Ontario
L2E 6X5
Attention: Steve Hamilton
Manager of Recreation Services
Telephone: (905) 356 -7521 x. 3338
Fax: (905) 354 -9119
E -mail: shamilton(a,niagarafalls.ca
COMPLIANCE WITH THE LAW
36. The Licensee shall comply with all the laws of the federal, provincial or municipal
government that may be applicable to the use and occupation of the Arena and to the
advertising and staging of its games, practice sessions and training camp.
NON - ASSIGNMENT
37. The Licensee shall not be at liberty to assign the privileges hereby granted without the prior
consent in writing of the City, which consent may be unreasonably withheld by the City.
AGREEMENT BINDING
38. This Agreement and everything contained herein shall extend to and be binding upon the
parties hereto and their respective successors and assigns.
NON - WAIVER
39. No provision of this Agreement shall be deemed waived, amended or modified by either party
unless such waiver, amendment, or modification is in writing, signed by the party against
whom it is sought to enforce the waiver, amendment or modification. Failure of the City to
insist in one or more instances upon the performance by the Licensee of any provision of this
Agreement shall not be construed as a waiver of the future performance of any provisions, and
the obligations of the Licensee with respect to such future performance shall continue in full
force and effect.
LICENSEE INFORMATION
40. The Licensee shall provide to the City on the execution of this Agreement a list of all
executive members and liaison persons, including their names, addresses, and telephone
numbers, that the Licensee has assigned to schedule, promote, or make financial reports on
the games played by the Licensee. The Licensee shall forthwith notify the City in writing of
any changes to the persons on the list described above throughout the term of this Agreement.
41. The Licensee shall obtain the approval of the City for those persons the Licensee intends to
give the keys to the Arena and to the Arena's security system, and no other person shall be
permitted to have the keys, unless the City has given its previous approval.
- 12 -
42. The Licensee shall provide to the City on the commencement of the Junior "C" Hockey
season a list of all hockey players playing for the Licensee club, and shall forthwith notify the
City in writing of any changes to the players on the list throughout the term of this
Agreement.
43. On the execution of this Agreement, the Licensee shall provide the City with a copy of the
constitution, by -laws, policies and procedures for the Ontario Hockey Association regarding
Junior "C" Hockey League.
44. On or before May 31 of each year during the currency of this Agreement, the Licensee shall
furnish to the City a financial statement of the financial dealings and status of the Licencee
for the current fiscal year, and such statement shall be approved by a duly licenced Chartered
Accountant in the Province of Ontario.
PRIORITY AS BETWEEN HOCKEY CLUBS
45. The Russell Masterson Amateur Athletic Club shall have priority over the Licensee with
respect to all aspects of the use of the Arena.
JOINT AND SEVERAL FIRST RIGHT OF REFUSAL
46. Notwithstanding paragraph 45 above, in the event that the City elects to offer the right to lease
the advertising space in the Arena to a hockey team within one year of the expiration of this
Agreement, the City shall offer the right to display advertising in the E.S. Fox Pad to The
Russell Masterson Amateur Athletic Club and, upon receipt of written confirmation that The
Russell Masterson Amateur Athletic Club does not wish to exercise the right to display
advertising in the E.S. Fox Pad, the City shall then offer the right to display advertising in the
E.S. Fox Pad to the Licensee.
AMENDMENTS
47. If at any time during the continuance of this Agreement the parties shall deem it necessary or
expedient to make alterations or additions to this Agreement they may do so by means of a
written agreement between them which shall be supplemental and form part of this
Agreement.
WHOLE AGREEMENT
48. This Agreement, the Special Events /Tournament Schedule, and Schedule "A ", and everything
contained herein constitutes the whole Agreement between the parties and supersedes all
previous agreements, arrangements or understanding whether written or oral in connection
with or incidental to the rights of the Licensee to operate from the Arena.
DISCLAIMER OF PARTNERSHIP
49. The parties hereto disclaim any intention to create a partnership between them or to constitute
any of them the agent of the other or to create any fiduciary relationship between themselves.
Nothing in this Agreement shall constitute the parties being construed as partners or agents
of one another, nor, except as may be expressly provided in this Agreement, constitute any
of them the agent of the other party.
SEVERABILITY
- 13 -
50. If any covenant, provision or restriction contained in this Agreement is found to be void or
unenforceable in whole or in part by a competent authority, it shall not affect or impair the
validity of any other covenant, provision or restriction and, without limitation, each of the
covenants, provisions and restrictions contained herein are hereby declared to be separate and
distinct covenants, provisions and restrictions.
IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals duly
attested by the hands of the proper signing officers in that behalf and the said signing officers certify
that they have authority to bind their corporation.
THE CORPORATION OF THE
CITY OF NIAGARA FALLS
Per:
R. T. (Ted) Salci, Mayor
Dean lorfida, City Clerk
CHIPPAWA JR. "C" HOCKEY CLUB
Per:
Fre S_ co, President
Ge i rge (Bud; ,�] owe
Secretary /T urer
7
_A-GC-4/
SCHEDULE "A"
Gale Centre - Junior C Riverhawks Office & Storage Space
A by -law to authorize the execution of a Licence Agreement with The Russell Masterson Amateur
Athletic Club respecting The Russell Masterson Amateur Athletic Club's licence to operate from
the Gale Centre.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. A Licence Agreement dated October 4, 2010 and made between The Corporation of the City
of Niagara Falls as City and The Russell Masterson Amateur Athletic Club as Licensee,
respecting the Licensee's operation and use of the Gale Centre, as attached hereto, is hereby
approved and authorized.
2. The Mayor and Clerk are hereby authorized to execute the said Licence Agreement.
3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said
Licence Agreement.
Passed this eighth day of November, 2010.
DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR
First Reading:
Second Reading:
Third Reading:
November 8, 2010
November 8, 2010
November 8, 2010
CITY OF NIAGARA FALLS
By -law No. 2010 -
THIS AGREEMENT made this 4 day of October, 2010.
BETWEEN:
DEFINITIONS
TERM OF 'I HE AGREEMENT
THE CORPORATION OF THE CITY OF
NIAGARA FALLS
Hereinafter called the "City"
-and-
THE RUSSELL MASTERSON AMATEUR
ATHLETIC CLUB, a company incorporated
pursuant to the laws of the Province of Ontario,
Hereinafter called the "Licensee"
OF THE FIRST PART;
OF THE SECOND PART.
WHEREAS the Licensee is the sole Ontario Hockey Association Junior `B" hockey franchise in
the City of Niagara Falls;
AND WHEREAS the Licensee desires a licence to operate from the Gale Centre (the "Arena "),
which is owned by the City;
AND WHEREAS the parties desire to enter into this written licence agreement (the "Agreement "),
which contains the agreed upon terms and conditions of the Licensee's operation and use of the
Arena;
NOW THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and
conditions herein contained and for valuable consideration, the receipt of which is hereby
acknowledged, the parties hereto mutually covenant and agree as follows:
1. In this Agreement, "game" shall mean, collectively, the exhibition, playoff and regular
season Junior "B" home hockey games of the Licensee played at the Arena, and "season"
shall collectively mean the exhibition, playoff and regularly scheduled Junior "B" season.
2. Subject to earlier termination as provided for in this Agreement, the term of this Agreement
shall be from September 1, 2010 to and including August 31, 2015.
OPTION TO RENEW
PAYMENT
(1)
(3)
2
3. Provided the Licensee duly and regularly and punctually pays the fees and all other sums
payable and observes and performs every covenant and proviso herein contained and is not
in default under any of the terms contained in this Agreement, the City shall, upon the written
request of the Licensee given to the City not more than six months and not less than three
months prior to the expiration of the original term of this Agreement grant to the Licensee,
a renewal of this Agreement for a further term of 5 years on the same terms and conditions,
save and except for the fees payable, which shall be negotiated reasonably by the parties
hereto, and the right of further renewal.
4. Subject to paragraph 19 of this Agreement, the Licensee shall pay to the City the following:
A rental fee calculated by multiplying the hourly fee established from time to time
by the Council of the City for Youth Prime Ice Rental by the number of hours of ice
time used by the Licencee for practice, exhibition, regular season and playoff hockey
games plus any applicable taxes including, without limiting the generality of the
foregoing, Harmonized Sales Tax;
(2) 75% of the cost to the City of salaries and/or wages for ticket sellers, ushers, parking
attendants and ticket takers, and 100% of the cost for police services, if required.
The cost of salaries and/or wages and police services are to be deducted by the City
from proceeds received by the City from the sale of tickets on the day of the game or,
if a shortfall should occur on any given day, on the day of the next game to be played
at the Arena or, if a shortfall should occur on any of the aforementioned days, by an
invoice to be sent by the City to the Licensee, which invoice shall be paid forthwith;
Any and all fees associated with the playing of music in the Arena by the City during
the Licensee's games, which fees shall be invoiced by the City and shall be paid
forthwith by the Licensee;
(4) The total payment due, if any, shall be billed at the end of each hockey season during
the term of this Agreement after the calculation described in paragraph 19 of this
Agreement is carried out;
(5) Any invoice submitted by the City for the payment of ice time shall be paid by the
Licencee within 30 days of the date of the invoice; and
(6) In the event that the calculation described in paragraph 19 of this Agreement results
in an amount owing from the City to the Licensee, the City shall pay the amount due
to the Licensee within 30 days of making the calculation described in paragraph 19
of this Agreement.
EXPENSES AND TAXES
5. The Licensee agrees:
(1)
(3)
(5)
CITY'S OBLIGATIONS
6. The City agrees:
(1)
USE OF THE ARENA
3
To pay any and all applicable licence fees, union fees and taxes, including goods and
services tax, Harmonized Sales Tax and the retail sales tax, in connection with its
operation;
(2) To be solely responsible for the payment of any fees charged by the Society of
Composers, Authors and Music Publishers of Canada (S.O.C.A.N.) or other similar
agency for music played by the Licensee at the Arena;
To be responsible for hiring, directing and paying all game officials (including
referees, linesmen, goal judges and timekeepers), a certified first aid attendant or
other medically trained person, organist and public address announcer for its games
at the Arena;
(4) To provide and pay for game tickets and envelopes for each of the Licensee's games
at the Arena;
Where any tax is payable in respect of the sale of any tickets to the Licensee's games
at the Arena (including, without limiting the generality of the foregoing, Harmonized
Sales Tax), the required amount of such tax shall be added to the price of each ticket
and shall be deducted from the monies received from the sale of each ticket and paid
to the taxing authority prior to any further distribution of monies received for the sale
of tickets pursuant to this Agreement and
(6) That no additional expense of any kind associated in any way with the operation of
the Gale Centre shall be incurred by the City as a result of this Agreement.
To hire and direct all ticket sellers, ticket takers, ushers, parking attendants and police
(if required) for the Licensee's games at the Arena; and
(2) To obtain the licence for the playing of any music in the Arena during the Licensee's
games at the Arena, and shall invoice the Licensee every three months for any fees
charged in this respect.
7. (1) During the term of this Agreement the Licensee shall be granted the right to use the
Arena for the purposes of holding its games, practice sessions and training camps in
- 4 -
accordance with the terms and conditions of this Agreement. Except as otherwise
provided in this Agreement, the City reserves the right to the exclusive use of the
Arena for its purposes, or for the purposes of its agents, contractors, licensees or
other similar parties.
(2) In particular, without limiting the generality of the foregoing, the Licensee
acknowledges and agrees to rights granted by the City to other licensees and tenants
of the Arena.
8. Notwithstanding any provision in this Agreement to the contrary, the City shall be entitled
to exclusive use of the Arena, either in whole or in part, upon giving the Licensee five (5)
days prior written notice.
9. Notwithstanding any provision in this Agreement to the contrary, the City shall, at all
reasonable times, be entitled to inspect any part of the Arena used or occupied by the
Licensee in order to ensure proper repair, health and safety conditions, and the Licensee shall
permit the City, its employees or agents, to enter and work in the Arena on any matter the
City, in its sole and unfettered discretion, may deem appropriate.
10. Subject to the Special Events and Tournament Schedule, which sets out the dates and times
whereby the Licensee will not be entitled to use the Arena, and which Schedule will be
provided by the City to the Licensee no later than August 1' of each year, the Licensee shall
be entitled to use the Arena as follows:
(1) The City shall make the Arena available to the Licensee for regular season Junior "B"
home hockey games on Fridays between the hours of 6:30 p.m. and 10:30 p.m., and
on Saturdays between the hours of 6:00 p.m. and 10:00 p.m,. as an alternate game
time;
(2) The City shall make the Arena available to the Licensee for playoff Junior "B" home
hockey games on dates and at times to be mutually agreed upon by the parties at the
end of the regular Junior "B" hockey season;
The City shall make the Arena available to the Licensee for hockey practice sessions
during reasonable hours of the day on dates and at times to be mutually agreed upon
by the parties, which agreement shall occur no later than twenty-one (21) days before
the first regular season home game of the Junior "B" hockey season; and
(4) The City shall make the Arena available to the Licensee for a training camp during
reasonable hours of the day on dates and times to be mutually agreed upon by the
parties, which agreement shall occur no later than thirty (30) days before the first
regular season home game of the Junior "B" hockey season.
(3)
and
- 5 -
FACILITIES, EQUIPMENT AND PERSONNEL
11. The City agrees to provide the Licensee with the following facilities, equipment and
personnel during the regular and playoff hockey seasons only:
(1) Facilities during the hockey season:
(a) Dressing rooms for home and visiting teams, referees and game officials;
(b) Press room;
(c) Box Office facility;
(d) Manager, coaches and equipment storage and administrative offices; and
(e) First Aid room.
(2) Facilities during the term of Agreement:
(b) Police, if required by the City.
(a) Dressing room for home team. The City reserves the right to have the said
dressing room available for events or other City purposes at any time other
than the day or evening when there is a Junior "B" hockey game;
(b) Administrative offices as shown on Schedule "A "; and
(c) Equipment storage as shown on Schedule "A ".
(3) Equipment:
(a) Keys for access to the rooms mentioned in clauses (a) and (b) and the security
system;
(b) Public address system, score clock, shot clocks, goal nets;
(c) Waste containers and cleaning supplies for the team dressing rooms; and
(d) Concession and hospitality services.
(4) Personnel:
(a) Full -time facility staff, including ushers, parking attendants and ticket takers;
KEYS
6
12. The Licensee shall obtain and sign for each key issued to it by the City for the areas and rooms
of the Arena set out in this Agreement, and shall not duplicate any key issued without first
obtaining the consent of the City and shall abide by all rules of the City respecting building
security. The Licensee shall return such keys within 48 hours of a request by the City for their
return, failing which the locks shall be changed and the Licensee shall be charged for the costs
of so doing.
GAME CANCELLATION
13. Should any game be cancelled, the Licensee shall make all reasonable efforts to inform the
public of the cancellation and the Licensee shall be responsible for refunding the monies paid
for the cancelled game.
TICKET SALES
14. The prices to be charged for individual game tickets for the Licensee's games shall be in the
sole discretion of the Licensee.
15. The hours of sale for game tickets shall be during times mutually agreed to in writing by the
Licensee and the City's Manager of Recreation Facilities.
16. Ticket sales shall take place from the Box Office Facility of the Arena.
PLACEMENT OF TABLES
17. The Licencee shall be entitled to place two (2) tables of reasonable size in a location to be
approved by the City, acting reasonably, for the purpose of selling programs and novelty items
in the nature of hockey souvenirs.
SOUVENIR SALES
18. The Licensee, or its nominee as approved by the City, shall be entitled at its sole risk and
expense to the exclusive right to sell programs and novelty items in the nature of hockey
souvenirs during the Licensee's games. Such sales shall occur from a place or places within
the Arena which have been mutually agreed upon by the parties, and the Licensee or its
nominee shall be entitled to retain the revenues therefrom subject to the terms and conditions
of this paragraph. The Licensee shall be responsible for obtaining any permits required in
connection with the sale of such programs and hockey souvenirs and shall be responsible for
complying with, conforming to and carrying out all applicable requirements under any laws,
regulations or orders related to such use including, but not limited to, the laws, regulations and
orders pertaining to employment of persons and retail sales tax.
REVENUE IN LIEU OF ADVERTISING
19. (1) In each year of the term of this licence, in lieu of the advertising revenue that was
previously raised by the Licensee by locating signs at various locations in the Niagara
Falls Memorial Arena, the City will provide to the Licensee an annual grant.
(2) The grant shall be calculated by subtracting the sum of the product of multiplying the
number of hours of ice time used by the Licensee in any one year of the term of this
Agreement by the City's Youth Prime Ice Rental Rate plus any additional sums owing
to the City pursuant to paragraph 4 of this Agreement from the sum of $60,000.00.
(3) In the event that the calculation described in sub - paragraph 19 (2) results in a positive
number, the City shall pay to the Licensee the resulting amount.
(4) In the event that the calculation described in sub - paragraph 19 (2) results in a negative
number, the Licensee shall pay to the City the result of the calculation multiplied by
negative one (- 1).
BROADCASTING
20. The Licensee shall have the right to arrange for broadcasting by radio and/or television of the
Licensee' s games at the Arena at its sole expense and responsibility, subject to prior approval
of the location and facilities by the City's Manager of Recreation Services, and the Licensee
shall receive all revenue derived therefrom.
CLEANING AND BEATING OF THE ARENA
21. The Licensee shall use its best efforts to keep and maintain the Arena in a good and clean
condition and in a safe and secure condition during its use of same.
22. The City shall, at its own expense, heat the Arena in a reasonable manner for the comfort of
the persons using the Arena. Should a breakdown of the heating system occur, the City will
use its best efforts to repair the system forthwith, but nothing herein shall be construed as
placing any liability upon the City for any consequential damages, real or perceived, suffered
by the Licensee as a result of such heating system failure.
REMOVAL OF EQUIPMENT
7
23. The Licensee agrees to remove any and all equipment belonging to it from the Arena, except
at the end of each hockey season or in any event within 48 hours of a request made by the City
for such removal.
24. Notwithstanding paragraph 23 above, equipment belonging to the Licensee can be stored in
the off season in the Offices and Storeroom illustrated in Schedule "A" with the express
- 8 -
written consent of the City's Manager of Recreation Facilities, which consent shall not be
unreasonably withheld.
25. The Licensee agrees that if such equipment is not removed by the time indicated, and the
circumstances necessitate the removal of such equipment by the City, then the City is hereby
authorized to remove the said equipment at the sole risk of the Licensee, and the City shall
not be liable for any claims for damages or otherwise arising therefrom.
DAMAGE AND VANDALISM
26. The Licensee shall make no structural changes of any kind whatsoever to the Arena without
the prior written approval of the City, and shall leave the Arena in the same condition as at
the commencement of the term of this Agreement, normal wear and tear excepted.
27. The Licensee will be charged and agrees to pay for the cost of any repairs to the Arena that
the City is required to make in order to restore the Arena to the condition it was in prior to any
structural change by the Licensee.
28. The Licensee will be charged and agrees to pay for the cost of any repairs of damage or
vandalism which are found in those areas of the Arena provided to the Licensee and set out
in the Special Events/Tournament Schedule, during the dates and times that the Licensee is
in use of those areas and which the City is required to make in order to restore the Arena to
its prior condition.
INSURANCE, LIABILITY AND INDEMNIFICATION
29. (1) The Licensee agrees to carry insurance for the protection of the public, Licensee's
members and its employees, during the term of this Agreement, all at its own expense.
The Licensee shall take out and keep in force public liability and property damage
insurance with insurers and upon terms and conditions satisfactory to the City
protecting and indemnifying the Licensee and the City, its officers, employees and
agents against any claims for damage for bodily injury to persons or property or for
the loss of life occurring in, on, or about the Arena premises with all inclusive
coverage of not less than $5,000,000.00.
(2) Such policy to include the City as an additional insured and to be endorsed to include
the contractual obligation of the Licensee to the City under this Agreement and to
contain "cross liability" or "severability of interests" endorsement and tenants legal
liability endorsement.
(3)
The Licensee agrees to furnish the City with a Certificate of Insurance in a form
satisfactory to the City Solicitor showing proof of insurance on or before the
acceptance of this Agreement by the City.
CITY NOT LIABLE FOR LOSS OR DAMAGES
30. The Licensee agrees that the City Shall not be liable for any loss or damage sustained to any
items belonging to the Licensee, its employees, players, agents or contractors engaged by the
Licensee that are kept, used or stored in the facilities of the Arena at any time.
31. It is hereby understood that the City shall not be liable for any injury or damage, either to a
person or property, loss of revenue, costs or expenses sustained by the Licensee or members
or employees of the Licensee or volunteers of the Licensee by using the Arena, including
icemaking equipment not in good repair, damaged or destroyed by fire, accident or from any
other cause whatsoever, or any damages or losses caused by the bursting or leaking of any
pipes. The City shall not be liable for any damage to or loss or theft of the property of the
Licensee or members of the Licensee or its employees, servants, agents or other persons using
or attending the Arena.
32. If the Arena shall be destroyed or damaged or rendered unsuitable by any reason of, but not
limited to, fire, storm, flood, explosion, riot, any act of violence, strike, lockout, other labour
dispute, act of God, or any act of a governmental authority to such an extent as to render the
Arena unfit for the purposes of the Licensee as set out in this Agreement, then every effort
shall be made to provide alternate ice facilities under the same terms and conditions of this
Agreement at another City arena, failing which this Agreement shall be null and void. The
City shall not be liable or responsible to the Licensee for any loss or damage caused by the
said destruction or unsuitability of the Arena, and the Licensee hereby waives any claim or
action it may have against the City with respect to any loss and damage resulting from the
termination of this Agreement.
LICENSEE INDEMNIFICATION
TERMINATION OF AGREEMENT
- 9 -
33. The Licensee shall assume all liability and obligation for any and all loss, damage, or injury
(including death) to persons or property that would not have happened but for the entering
into of this Agreement by the parties hereto or anything done or maintained by the Licensee
thereunder or intended so to be and the Licensee shall, at all times, indemnify and save
harmless the City, its officers, employees and agents from and against all such loss, damage
or injury and all actions, suits, proceedings, costs, charges, damages, expenses, claims or
demands arising therefrom or connected therewith.
34. If the Licensee fails to pay the City any monies due and payable pursuant to this Agreement
on the days when they have become due, or if the Licensee is in default or breach of any
covenant or obligation on its part herein contained, or if the privileges hereby granted shall
be at any time seized or taken in execution or in attachment by any creditor of the Licensee,
or if the Licensee shall become bankrupt or make any assignment of the privileges hereby
granted in violation of the terms of this Agreement, the Licensee shall have fourteen (14) days
to remedy the default or breach, failing which the City may cancel this Agreement by
NOTICE
- 10-
delivering to the Licensee notice in writing to that effect and this Agreement shall be
terminated without prejudice to any rights which had accrued to the City hereunder before
such termination.
35. (1) Where this Agreement requires notice to be delivered by one party to the other, such
notice shall be in writing and delivered either personally, by e-mail, by fax or by
prepaid registered first class post, by the party wishing to give such notice, to the other
party at the address noted below.
(2) Such notice shall be deemed to have been given:
(a) In the case of personal delivery, on the date of delivery;
(b) In the case of e-mail or fax, on the date of transmission provided it is received
before 4:30 p.m. on a day that is not a holiday, failing which it shall be
deemed to have been received the next day, provided the next day is not a
holiday; and
(c) In the case of registered post, on the third day, which is not a holiday,
following posting.
Any notice required or contemplated by any provision of this Agreement will be
effectively given, in the case of notice to the Licensee at:
The Russell Masterson Amateur Athletic Club
5145 Centre Street
Niagara Falls, Ontario
L2G 5Z4
Attention: Tim Masterson, President
Telephone: (905) 358 -7565
Fax: (905) 358 -7383
and in the case of notice to the City, at:
The Corporation of the City of Niagara Falls
4310 Queen Street
P.O. Box 1023
Niagara Falls, Ontario
L2E 6X5
Attention: Steve Hamilton
Manager of Recreation Services
Telephone: (905) 356 -7521 x. 3338
Fax: (905) 354 -9119
E -mail: shamilton @niagarafalls.ca
COMPLIANCE WITH THE LAW
36. The Licensee shall comply with all the laws of the federal, provincial or municipal
government that may be applicable to the use and occupation of the Arena and to the
advertising and staging of its games, practice sessions and training camp.
NON - ASSIGNMENT
37. The Licensee shall not be at liberty to assign the privileges hereby granted without the prior
consent in writing of the City, which consent may be unreasonably withheld by the City.
AGREEMENT BINDING
38. This Agreement and everything contained herein shall extend to and be binding upon the
parties hereto and their respective successors and assigns.
NON - WAIVER
39. No provision of this Agreement shall be deemed waived, amended or modified by either party
unless such waiver, amendment, or modification is in writing, signed by the party against
whom it is sought to enforce the waiver, amendment or modification. Failure of the City to
insist in one or more instances upon the performance by the Licensee of any provision of this
Agreement shall not be construed as a waiver of the future performance of any provisions, and
the obligations of the Licensee with respect to such future performance shall continue in full
force and effect.
LICENSEE INFORMATION
40. The Licensee shall provide to the City on the execution of this Agreement a list of all
executive members and liaison persons, including their names, addresses, and telephone
numbers, that the Licensee has assigned to schedule, promote, or make financial reports on
the games played by the Licensee. The Licensee shall forthwith notify the City in writing of
any changes to the persons on the list described above throughout the term of this Agreement.
41. The Licensee shall obtain the approval of the City for those persons the Licensee intends to
give the keys to the Arena and to the Arena's security system, and no other person shall be
permitted to have the keys, unless the City has given its previous approval.
AMENDMENTS
WHOLE AGREEMENT
- 12 -
42. The Licensee shall provide to the City on the commencement of the Junior `B" Hockey
season a list of all hockey players playing for the Licensee club, and shall forthwith notify the
City in writing of any changes to the players on the list throughout the term of this
Agreement.
43. On the execution of this Agreement, the Licensee shall provide the City with a copy of the
constitution, by -laws, policies and procedures for the Ontario Hockey Association regarding
Junior `B" Hockey League.
44. On or before May 31' of each year during the currency of this Agreement, the Licensee shall
furnish to the City an audited financial statement of the financial dealings and status of the
Licencee for the current fiscal year, and such statement shall be approved by a duly licenced
Chartered Accountant in the Province of Ontario.
PRIORITY AS BETWEEN HOCKEY CLUBS
45. The Licensee shall have priority over the Chippawa Jr. "C" Hockey Club with respect to all
aspects of the use of the Arena.
JOINT AND SEVERAL FIRST RIGHT OF REFUSAL
46. Notwithstanding paragraph 45 above, in the event that the City elects to offer the right to lease
the advertising space in the Arena to a hockey team within one year of the expiration of this
Agreement, the City shall offer the right to display advertising in the E.S. Fox Pad to the
Licensee and, upon receipt of written confirmation that the Licensee does not wish to exercise
the right to display advertising in the E.S. Fox Pad, the City shall then offer the right to
display advertising in the E.S. Fox Pad to the Chippawa Jr. "C" Hockey Club.
47. If at any time during the continuance of this Agreement the parties shall deem it necessary or
expedient to make alterations or additions to this Agreement they may do so by means of a
written agreement between them which shall be supplemental and form part of this
Agreement.
48. This Agreement, the Special Events/Tournament Schedule, and Schedule "A ", and everything
contained herein constitutes the whole Agreement between the parties and supersedes all
previous agreements, arrangements or understanding whether written or oral in connection
with or incidental to the rights of the Licensee to operate from the Arena.
DISCLAIMER OF PARTNERSHIP
- 13 -
49. The parties hereto disclaim any intention to create a partnership between them or to constitute
any of them the agent of the other or to create any fiduciary relationship between themselves.
Nothing in this Agreement shall constitute the parties being construed as partners or agents
of one another, nor, except as may be expressly provided in this Agreement, constitute any
of them the agent of the other party.
SEVERABILITY
50. If any covenant, provision or restriction contained in this Agreement is found to be void or
unenforceable in whole or in part by a competent authority, it shall not affect or impair the
validity of any other covenant, provision or restriction and, without limitation, each of the
covenants, provisions and restrictions contained herein are hereby declared to be separate and
distinct covenants, provisions and restrictions.
IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals duly
attested by the hands of the proper signing officers in that behalf and the said signing officers certify
that they have authority to bind their corporation.
THE CORPORATION OF THE
CITY OF NIAGARA FALLS
Per:
R. T. (Ted) Salci, Mayor
Dean Iorfida, City Clerk
THE RUSSELL MASTERSON
AMATEUR ATHLETIC CLUB
Name: 1-10,\ Mfg S 7Z i- S v J
Title: p 6 1-o-7
Title: V, c c , 2 c5 ' y—
SCHEDULE "A"
•■••■■•■••....-
••• MOO ••••••• • PO
4111111.MV/IMAIIM Mr.■
Gale Centre - Niagara Falls Junior B Canucks Office & Storage Space