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City of Markham

Facility Rental Contract

The City of Markham Facility Rental Contract

The Corporation of the City of Markham ("City of Markham" or "City") hereby grants Kevin Kevin (or, if an Organization Account, the organization named below in
the "Account" field of the "Client Information" section) (hereinafter called the "Licensee") permission to use the Facilities as outlined, subject to the terms and
conditions of this Facility Rental Contract contained herein and attached hereto all of which form part of this Facility Rental Contract ("Contract"). The Licensee
agrees with all terms and conditions of this Contract.

Contract
Prepared
Contract #: FA-26040 Kageana Arulananthasivam
by:
Contract Expected
York Regional Education Services 1
Name: Attendance:
Date: 15 Jan 2024 Status: Tentative

Client Information
Name: Kevin Kevin Account: York Regional Education Services
Phone #: (647) 467-9121 Email: Info@yorkeducation.ca
169 Enterprise Blvd Unit 300, Markham , Ontario,
Address:
L6G 0E7

Facility
Field Start Date End Date Day Time Subtotal
Youth Room
03 Feb 2024 03 Feb 2024 Saturday 10:00 AM - 02:00 PM $0.00
Aaniin Community Centre
Youth Room
10 Feb 2024 10 Feb 2024 Saturday 10:00 AM - 02:00 PM $0.00
Aaniin Community Centre
Youth Room
17 Feb 2024 17 Feb 2024 Saturday 10:00 AM - 02:00 PM $0.00
Aaniin Community Centre
Youth Room
24 Feb 2024 24 Feb 2024 Saturday 10:00 AM - 02:00 PM $0.00
Aaniin Community Centre
Youth Room
02 Mar 2024 02 Mar 2024 Saturday 10:00 AM - 02:00 PM $0.00
Aaniin Community Centre
Youth Room
09 Mar 2024 09 Mar 2024 Saturday 10:00 AM - 02:00 PM $0.00
Aaniin Community Centre
Youth Room
16 Mar 2024 16 Mar 2024 Saturday 10:00 AM - 02:00 PM $0.00
Aaniin Community Centre
Youth Room
23 Mar 2024 23 Mar 2024 Saturday 10:00 AM - 02:00 PM $0.00
Aaniin Community Centre
Youth Room
30 Mar 2024 30 Mar 2024 Saturday 10:00 AM - 02:00 PM $0.00
Aaniin Community Centre
Youth Room
06 Apr 2024 06 Apr 2024 Saturday 10:00 AM - 02:00 PM $0.00
Aaniin Community Centre
Youth Room
13 Apr 2024 13 Apr 2024 Saturday 10:00 AM - 02:00 PM $0.00
Aaniin Community Centre
Youth Room
20 Apr 2024 20 Apr 2024 Saturday 10:00 AM - 02:00 PM $0.00
Aaniin Community Centre
Youth Room
27 Apr 2024 27 Apr 2024 Saturday 10:00 AM - 02:00 PM $0.00
Aaniin Community Centre
Youth Room
04 May 2024 04 May 2024 Saturday 10:00 AM - 02:00 PM $0.00
Aaniin Community Centre
Youth Room
11 May 2024 11 May 2024 Saturday 10:00 AM - 02:00 PM $0.00
Aaniin Community Centre
Youth Room
18 May 2024 18 May 2024 Saturday 10:00 AM - 02:00 PM $0.00
Aaniin Community Centre
Youth Room
25 May 2024 25 May 2024 Saturday 10:00 AM - 02:00 PM $0.00
Aaniin Community Centre
Youth Room
01 Jun 2024 01 Jun 2024 Saturday 10:00 AM - 02:00 PM $0.00
Aaniin Community Centre
Youth Room
08 Jun 2024 08 Jun 2024 Saturday 10:00 AM - 02:00 PM $0.00
Aaniin Community Centre
Youth Room
15 Jun 2024 15 Jun 2024 Saturday 10:00 AM - 02:00 PM $0.00
Aaniin Community Centre
Youth Room
22 Jun 2024 22 Jun 2024 Saturday 10:00 AM - 02:00 PM $0.00
Aaniin Community Centre
Youth Room
29 Jun 2024 29 Jun 2024 Saturday 10:00 AM - 02:00 PM $0.00
Aaniin Community Centre

Extra Fees
Booking Extra
Name # Unit Price Total Usage Subtotal Tax Total Price
- - - - - - -
Contract Extras

Invoice

Due Date Amount

- -

Contract Total

Rental Fee Extra Fees Tax Total

$0.00 $0.00 $0.00 $0.00

Questionnaires

Conditions of Use
-

Terms and Conditions

When you (the "Licensee") enter into this Facility Rental Contract ("Contract") with the City of Markham (“City”) for the use of the
facilities (the "Facility") listed in this Contract, you agree to the following:

1. To be responsible for the conduct and discipline of Licensee's club, group, participants, spectators, and invitees (collectively,
"Invitees").
2. Not to do or permit to be done any act that shall or may be a nuisance, annoyance, inconvenience or damage to the City or its
members and other persons using the City's premises.
3. To assume all liabilities and costs for damages and/or injury caused directly or indirectly by the Licensee or Invitees while on or
using the City's premises and while using the Facility.
4. To observe and follow all signs posted and obey City policies and procedures and comply with all requests/directions provided by
the City or its designate.
5. To observe and follow all established health and safety orders, guidelines and protocols established by the Province, York Region
Public Health, the City of Markham and any Provincial governing sport organization that is specifically related to Licensee’s sport
activity.
6. Not allow or permit the smoking of any type of tobacco product in the licensed Facility. All City facilities are designated non-
smoking (York Region By Law A-0285-2000-105).
7. To provide payments as indicated in the Contract; otherwise, the Contract will be nullified and the Licensee's deposit forfeited.
Any N.S.F. cheques will be charged back to the Licensee with a $52 administration fee.
8. That this Contract is not transferable or assignable.
9. That the City will not be held responsible for any failure in supplying the licensed Facility due to circumstances beyond the City's
control.
10. That the City shall not be held liable or responsible for lost, stolen or damaged materials before, during or after the rental. Any
materials/articles dropped off prior to the rental period or left after the rental period must have prior approval from the Co-
ordinator of the licensed Facility or designate.
11. To assume all risk of loss, damage and/or injury (including death) while on the City's premises and while using the Facility, for the
Licensee and Invitees, and to hold the City harmless and indemnified therefrom. The City of Markham shall not be liable for bodily
injury, personal injury (including death), or illness and possible, actual or alleged exposure to, or transmission of, a communicable
disease, property damage, or any other type of loss or other liability with respect to the loss or theft of clothing or equipment
belong to the Licensee or Invitees. As part of the consideration for the City of Markham renting the Facility, the Licensee hereby:
(a) releases, waives and forever discharges; and b) agree to indemnify, defend, and hold harmless, the City of Markham, its
affiliates, elected officials, employees, agents and representatives from and against all claims, demands, damages, costs,
expenses, actions and causes of action, whether in law or equity, in respect of or in any way related to death, injury, loss, damage
or illness and possible, actual or alleged exposure to, or transmission of, a communicable disease, by whomsoever caused, made
or brought, arising out of the Licensee’s use of the Facility and/or the City's premises and/or Licensee's performance and
responsibilities under this Contract. The City shall be entitled to appoint and instruct independent defence counsel in connection
with any such claim.
12. To not charge an admission fee for non-participants or spectators unless these are set out in this Contract, or with written
permission from the Coordinator of the licensed Facility.
13. To not allow alcoholic beverages of any kind to be consumed on the premises without an AGCO Special Occasion Permit and
written permission from the Coordinator of the licensed Facility.
14. To vacate all arena dressing rooms, no later than 30 minutes after the end of the rental period and to leave the same in a clean
condition. Failure to do so will result in additional charges.
15. That the City shall not sponsor a vending/concession operation that competes with the Facility concession operation.

Halls/Meeting Rooms:
1. To provide the room layout (where applicable) and number of guests to be in attendance fourteen (14) days prior to the date of
the function.
2. To strictly adhere to all the rules and regulations of the Alcohol and Gaming Commission of Ontario.
3. Confetti/rice is not permitted in or around the Facility. Helium balloons are not permitted unless they are securely anchored.
Decorations and posters may be used and only masking tape will be used to affix decorations to the wall.
4. To leave the area licensed in a clean condition (room, hall, kitchen) with all decorations removed and no articles of the licensee
left in the Facility, and all tables cleared of garbage, etc. Failure to do so will result in additional charges.
5. Multi-Hall Facilities may result in a shared use of the kitchen facility among Licensees.
6. To provide a security deposit as indicated in the Contract (certified cheque or credit card) to be used by the City in the event the
Facility is not left in a clean condition, or in the event of damage or missing equipment of the City.
7. For all AGCO Special Occasion Permit functions, the liability insurance for the function (a minimum of $2,000,000) must name The
Corporation of City of Markham as additional insured. It is agreed that the additional insured protection means that the City's
insurer will not be required to contribute to defence costs, including without limitation, the costs associated with independent
defence counsel appointed by the City. The policy must include full participant coverage, include Host Liquor Liability, and proof of
insurance must be provided to the Customer Service Representative a minimum of fourteen (14) days prior to the rental period
start date.
8. The Licensee and their Invitees are restricted to the area leased with adjoining lobby and facility entrance only.
9. Styrofoam containers are not permitted when serving food.

Ice Rentals:
1. The Licensee agrees that for each hour leased, ten (10) minutes out of the hour will be allocated for ice resurfacing.
2. The Licensee will ensure that no persons will be on the ice surface during the resurfacing of the ice and the ice gates are closed.

Pool Rentals:
1. The licensee agrees that the pool will be vacated five minutes prior to the end of its pool rental to ensure the pool is ready for the
next licensee.

Music Fees:

The City of Markham collects "Music Fees" on behalf of SOCAN (Society of Composers, Authors, and Music Publishers of Canada) and
Re:Sound. Socan collects fees on behalf of composers,authors and music publishers of music while Re:Sound collects fees on behalf of
the performers. The City of Markham is not responsible for the establishment of fees.

For more information on SOCAN and Re:Sound, please visit these websites: www.socan.ca and www.resound.ca

Cancellation Policy:

No refunds for cancelled and/or unused Facility time unless the same is re-leased. A ten percent (10%) administration fee will be
withheld from any refunds.

All payments by the Licensee shall be forfeited in the event of cancellation unless the area is re-leased a minimum of 30 days prior to the
date of the rental period start date. At that time, ninety (90%) percent of the rental charges will be refunded. Any notice of cancellation
must be in written form and submitted to the Customer Service Representative.

Allocated User Groups Cancellation Policy

1. The City of Markham has the right to control all indoor field and ice distribution and use at City-owned facilities for the duration of
the Contract. The City has a responsibility to manage the negative impact that returned indoor field and ice time has on the City
and user groups. In order to control this, the City will apply the following policy regarding unused, returned, amended and
cancelled indoor field time or ice time. There will be no cancellations accepted for September time.
2. There will be no cancellations accepted for October 31, Halloween
3. After a Contract is signed, single or occasional use cancellations will be permitted only if initiated by the Licensee and under the
following conditions:
I. Ten (10) Business days written notice is provided to the Facility Coordinator or designate.
II. Payment of a $25 cancellation fee per facility per hour affected by the cancellation request. The City will endeavour to find
a buyer for the returned time, should one not be found the Licensee is responsible to pay the full cost for unsold hours.
III. Payments and signed contracts should be sent to the Recreation Department-Allocations, 101 Town Centre Boulevard,
Markham, ON L3R 9W3

Please Note That All City Facilities Are Designated Non-Smoking

Rates & fees are approved by City of Markham Council and as such are subject to change.

Insurance:

The Licensee agrees to obtain and maintain in force for the rental period appropriate General Liability insurance underwritten by insurers
licensed to conduct business in the Province of Ontario for Bodily Injury or Property Damage arising from the use of the Facility and the
City's premises by the Licensee including Host Liquor Liability (when applicable) with a policy limit of at least $5,000,000 for each
occurrence and include The Corporation of the City of Markham as an additional insured. It is agreed that the additional insured
protection means that the City's insurer will not be required to contribute to defence costs, including without limitation, the costs
associated with independent defencecounsel appointed by the City. The insurance must include full participant coverage. Upon request
by the City, the Licensee shall provide the City with a certificate of insurance confirming that the Licensee has in place the required
insurance.

Personal Information:

The personal information is collected herein pursuant to the Municipal Freedom of Information and Protection of Privacy Act, R. S.O. 1990, c. M.56. The
information will be used by the City to administer the rental of City facilities and all other work incidental thereto. The information is treated securely by
the City and is destroyed when the information is no longer required for the intended purpose. Provision of the information herein shall be deemed by
the undersigned to be his or her consent to the collection and use of the information as indicated. Questions related to the collection of this information
should be directed to the Coordinator of the Facility.

Payment:

Credit card payments are only accepted for contracts less than $15,000. Visa, Mastercard and American Express are accepted.

This Facility Rental Contract is not effective unless signed and until the permit fee has been paid in full or post-dated payments have been
received.

The undersigned has read, and on behalf of the Licensee, agrees to be bound by this Contract and the terms and conditions contained
herein and attached hereto, and hereby warrants and represents that the undersigned executes this Contract on behalf of the Licensee
and has sufficient power, authority and capacity to bind the Licensee with the undersigned's signature.

Licensee Signature: Date: 15 Jan 2024

HST Registration # 12270 2319 RT001

Please make cheque payable to: THE CITY OF MARKHAM

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