THE CORPORATION OF THE TOWNSHIP OF SEVERN … Council...breakfast clubs, public school reading...

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K. Page # 8 1 O. 7 2-44 Jackie Duffy re Request for Waiver of Fees - Baseball Tournament GENERAL BY-LAWS CORRESPONDENCE (for direction) By-law No. 2015-87, Being a By-law to Authorize the Execution of an Agreement Between the Corporation of the Township of Severn and 2445077 Ontario Corporation (Coldwater Falcons - Use of Coldwater & District Community Centre) THE CORPORATION OF THE TOWNSHIP OF SEVERN REGULAR COUNCIL MEETING Thursday, October 1, 2015 Council Chambers - Municipal Office ADDENDUM AGENDA 7:00 P.M.

Transcript of THE CORPORATION OF THE TOWNSHIP OF SEVERN … Council...breakfast clubs, public school reading...

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K. Page #8 1

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Jackie Duffy re Request for Waiver of Fees - Baseball Tournament

GENERAL BY-LAWS

CORRESPONDENCE (for direction)

By-law No. 2015-87, Being a By-law to Authorize the Execution of an Agreement Between the Corporation of the Township of Severn and 2445077 Ontario Corporation (Coldwater Falcons - Use of Coldwater & District Community Centre)

THE CORPORATION OF THE TOWNSHIP OF SEVERN REGULAR COUNCIL MEETING

Thursday, October 1, 2015Council Chambers - Municipal Office

ADDENDUM AGENDA

7:00 P.M.

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Dear township of Severn,

I am hosting a baseball tournament on October 3, 2015, at thecoidwater ball diamond. I had been speaking with Ray to bookit. The tournament is a charity tournament to raise money for theGiliroy family. Their son is in sick kids with severe heartcomplications. I’m raising money for his parents to cover thecost of missing work. His father Shay whom I work with hasalready taken all of his holidays and any personal business daysthat he can be reimbursed for. If there is anyway the townshipcan donate the diamond that would be greatly appreciate, notjust by myself, but the Giliroy family as well.

I appreciate your consideration,

Sincerely,SEP 26

Jackie Duffy

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THE CORPORATION OF THE TOWNSHIP OF SEVERN

BY-LAW NO. 2015-87

BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENTBETWEEN THE CORPORATION OF THE TOWNSHIP OF SEVERN AND 2445077ONTARIO CORPORATION (Coldwater Falcons — Use of Coldwater & DistrictCommunity Centre)

WHEREAS the MunicipalAct, S.D. 2001, Section 8.(1), provides that

Section 8. of the Act shall be interpreted broadly so as to confer broad authority on

Municipalities to enable them to govern their affairs as they consider appropriate and to

enhance their ability to respond to municipal issues;

AND WHEREAS the MunicipalAct, S.O. 2001 (the “Act”), Section 9., provides a

Municipality with the capacity, rights, powers and privileges of a natural person for the

purposes of exercising its authority under this or any other Act;

AND WHEREAS 2445077 Ontario Corporation proposed to operate a

Junior Hockey Team (Coldwater Falcons) at the Coldwater & District Community

Centre;

AND WHEREAS it is deemed expedient to enter into an Agreement with

2445077 Ontario Corporation for the use of the Coldwater & District Community Centre;

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OFSEVERN HEREBY ENACTS AS FOLLOWS:

1. That the Corporation of the Township of Severn enter into an Agreement with2445077 Ontario Corporation in the form of Schedule “A” attached hereto andforming part of this By-law.

2. That the Mayor and Clerk be and they are hereby authorized to execute onbehalf of the Corporation an Agreement in the form of Schedule “A” attachedhereto and forming part of this By-law.

3. That this By-law shall come into force and effect on the date of passing thereof.

By-law read a first and second time this 1st day of October, 2015.

By-law read a third time and finally passed this 1st day of October, 2015.

CORPORATION OF THE TOWNSHIP OF SEVERN

MAYOR

CLERK

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SCHEDULE “A” TO BYLAW NO. 2015-69

AGREEMENT

BETWEEN

2445077 ONTARIO CORPORATION(hereinafter called the Owners”)

AND

THE CORPORATION OF THE TOWNSHIP OF SEVERN(hereinafter called the “Township”)

WHEREAS 2445077 Ontario Corporation proposes to operate a Junior Hockey

Team in the Township of Severn;

AND WHEREAS the Township is prepared to permit the Owners to operate the

Goldwater Falcons from the facility known as the Goldwater & District Community

Centre (hereinafter called the ‘Arena”) upon the terms and conditions contained herein;

NOW THEREFORE the parties hereto agree with one another as follows:

1. License

That the Township hereby grants to the Owners the non-exclusive license(except as hereinafter set forth) to use the Arena for the sole purpose ofoperating a Junior Hockey Team on the terms and conditions hereinafter setforth.

2. Term

That the term of this Agreement shall be for the period commencing on the 15t

day of September, 2015 and expiring on the 30th day of April, 2018.

This Agreement will automatically renew for another three (3) year term with theOwners unless the Owners are in default in any manner of the originalagreement. Notice must be given in writing to the Township by the owner of therenewal, no later than December 3151, 2017. The renewal term shalt be on thesame terms and conditions set out in this Agreement, unless mutually agreed toin writing by both parties.

3. Team Name & Club Mascot

(a) That the Team name shall include the name “Goldwater” in its Title and berespectful to the region in nature.

(b) That once the Agreement and hockey team location has been approved, theOwners, in keeping with the team’s Mission Statement attached as Schedule“A” hereto, shall immediately endeavor to work with area minor and houseleague sports programs, as well as other community organizations, workinghand in hand in shared promotions and/or fundraising from time to time,including the possible sharing of newly generated revenue streams such asseason tickets sales, mascot and player community appearances, including to

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Schedule “A” to By-law No. 2015-87 (cont’d)

provide minor and house league hockey teams access to and the use of thededicated junior dressing room from time to time to help enhance theexperience and relationship between minor sports teams and localorganizations, and more importantly area community kids, includingcommunity senior citizens and the junior hockey team and members thereof.

(c) That the Owners, in keeping with the team’s Mission Statement, will buildcommunity relationships through regular public school appearances includingbreakfast clubs, public school reading programs as well as regular minor andhouse league practice appearances. The Owners will also provide a playervolunteer community services program where players will be made availableat the request of various community groups that include but are not limited to:parks cleanup, beautification programs and various other Townshipcommunity programs, etc.

4. Revenues

That proceeds generated from the sale of annual season tickets, gatereceipts for games, events and/or marketing and advertising of and theOwners shall remain the sole property of the Owners.

5. Facility Usage

(a) Arena Usage

That the Township will provide the Owners during the 2015 — 2018 seasona portable housed at the southeast corner of the Coldwater & DistrictCommunity Centre.

(i) That the Township agrees to pay a total of $40,000.00, plus HST,for one(1) 33’ x 25’ portable for the 2015 — 2016 season and theuse thereafter. The Township will also pay for any costs associatedwith hydro retrofitting, permits and providing a safe entry and exitfrom the portable to the arena.

(ii) That the Owners shall be responsible for all costs associated withinthe portable built to applicable codes and the installation of adedicated telephone line and internet connection for the Coach’sOffice.

(iii) That the Owners shall have exclusive use of the portablethroughout the term of this Agreement.

(iv) That the Township agrees to supply the existing sound systemlocated within the Arena. The Township agrees to maintain thesystem to function adequately as a sound system. The soundsystem components installed by the Township shall remain theproperty of the Township.

(v) That the Owners shall be provided with three (3) keys to theportable by the Township and shall be permitted unlimited accessto the portable as specified in this Agreement for the term of theAgreement.

(vi) That the Owners will only use the Arena ice as specified by thisAgreement.

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Schedule “A” to By-law No. 2015-87 (cont’d)

(b) Hall Usage & Special Events

(i) That the Owners shall have the exclusive use of the upstairsCommunity Hall in the Arena during all home games and/or teamfunctions for a one hour time period before and one hour aftergames for the purposes of booster club events, provided such useis approved by the Manager of Recreation & Facilities and/or the

Senior Maintenance Operator at the approved hourly rental ratesfor liquor and non-liquor events as required under the Township ofSevern Fees & Charges By-law. In addition, the Owners shall bepermitted use of the upstairs Community Hall both before, duringand after team practices or team meetings, provided that such useis first approved by the Manager of Recreation & Facilities and/orthe Senior Maintenance Operator, provided that the CommunityHall is not already in use by another rental at no charge providedthe room is left clean and tidy otherwise hourly charges will apply.The Owners shall also have the opportunity to use the upstairsCommunity Hall at other times as requested by the Owners duringthe calendar year, subject only to the right of the Township to makeuse of the Community Hall at predetermined times. Applicablerental charges will be determined in accordance with the Townshipof Severn’s Fees & Charges By-law.

(ii) That the Township shall provide ongoing assistance to the Ownersto attract special events to the Arena including HockeyTournaments, off-season events and special entertainment fromtime to time, and possibly a GMHL (Greater Metro Hockey League)Showcase Weekend during each season, as mutually planned,presented and jointly agreed.

(iii) That the Township agrees to provide the Owners use of the BarArea to operate as a “Pub” for the sale of food and alcohol under aSpecial Occasion Permit (SOP) for other nights in the arena or forother teams with applicable rental rates to apply. The Owners areresponsible for the acquisition and maintenance of the SOP andensuring all servers can provide proof of Smart Serve Training orapproved equivalent of the Alcohol Gaming Commission of Ontario(AGCO).

(iv) That the Owners shall not cause or permit alcoholic beverages tobe sold in the Arena except in the Community Hall pursuant to aproperly issued SOP. The Owners shall be solely responsible for allcosts associated with obtaining a SOP for the sale of alcohol in theColdwater & District Community Centre.

(v) That the Owners shall be provided a copy of the Township ofSevern “Municipal Alcohol Policy” to be read, dated and signed bythe Owners as attached hereto as Schedule “B” to this Agreement.

(c) Staff Requirements

(i) That the Owners and its team members will always act respectfuland guarantee the constant and quiet enjoyment of all other facilityusers. The Owners will be responsible for ensuring that adequatestaff and/or security is present prior to, during and after hockeygames and/or events to properly manage tickets and the public atthe Coldwater & District Community Centre.

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Schedule “A” to By-law No. 201 5-87 (cont’d)

(ii) That the Township will provide staff members during game night forthe operation of the ice resurfacer and the provision of custodialduties.

(d) That the Owners shall be responsible for the cost of any repairs to thesubject facility thereon where such repairs are required as a result ofdamage occurring during the time periods which the Owners have had useof the subject facility.

(e) That all alterations or improvements made by the Township to theTownship facilities shall remain the property of the Township. The Ownersshall be permitted to remove any equipment or trade fixtures belonging tothe Owners which are not affixed in any fashion to the Coldwater & DistrictCommunity Centre.

6. Ice Usage

(a) Ice Rentals

(i) That the Owners shall pre-pay the following rates for the exclusive useby the Owners in each calendar year during the term of this Agreementfor time provided by the Township, subject to Township fee increasesof no more than 2% each season and as stipulated in the Township ofSevern Fees & Charges By-law as follows:

Non-Prime Hourly Rental Rate (6:00 a.m. — 4:00 p.m.)2015-2016 $115.05 plus HST2016-2017 As per 2016-2017 rates plus HST2017—2018 As per 2017-2018 rates plus HST

Prime Hourly Rental Rate (4:00 p.m. — 6:00 a.m.)2015—2016 $142.48 plus HST2016-2017 As per 2016-2017 rates plus HST2017—2018 As per 2017-2018 rates plus HST

Tournaments I Special Events (all hours)2015—2016 $143.36 plus HST2016-2017 As per 2016-2017 rates plus HST2017—2018 As per 2017-2018 rates plus HST

Statutory Holidays Hourly Rental Rate (all hours)2015—2016 Minimum four (4) Hours

Hourly Ice Fee plus $80.00 plus HST2016 - 2017 Minimum four (4) Hours

2016-2017 rates Hourly Ice Fee plus $80.00 plus HST2017—2018 Minimum four (4) Hours

2017-2018 rates Hourly Ice Fee plus $80.00 plus HST

(ii) That the Township agrees to invoice the Owners for the game andpractice ice used rounded off to the closest half hour. It is expectedthat the Owners could use 63 hours annually in game ice time and asmuch as 126 hours of annual practice ice hours. It is understood thatthe ice time will be Ire-Daid at the first of each month upon receiving acurrent invoice unless agreed to in writing by both parties. Invoicing willbe based on practice and game schedules.

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Schedule “A” to By-law No. 2015-87 (cont’d)

(b) Game Ice

(i) That the Township agrees to provide a total time period of three (3)hours per home game. The Township shall ensure that the ice surfaceis ready for the scheduled warm up time and scheduled game time.Fans may be permitted to enter the Arena one hour prior to game time.It is the Township’s responsibility to clear the Arena of all fans notholding valid game tickets should the previous game scheduled in theArena spill into the time allotted for any of the Coidwater Falcongames.

(ii) That the Owners agree to hold 100% of all regular home seasongames and all playoff home games at the Coldwater & DistrictCommunity Centre unless ice is not available due to start up and shutdown for the season.

(iii) That once game time are established, the Owners will be responsiblefor cancelling those times not required at least five (5) days inadvance. In the event that ice time is not cancelled within the allottedfive (5) days, the game time will be invoiced to the Owners.

(c) Practice Ice

(i) That the Township agrees to provide a total time period of six (6) hoursper week for practice ice. The Township shall ensure that the icesurface is ready for the scheduled practice time.

(ii) That once practice times are established, the Owners will beresponsible for cancelling those time not required at least five (5) daysin advance. In the event that ice time is not cancelled within the allottedfive (5) days, the practice time will be invoiced to the Owners.

(iii) That the Owners agree to hold 100% of practices during the regularseason and playoff season at the Coldwater & District CommunityCentre unless ice is not available due to start up and shut down for theseason.

(d) Playoff Ice

That it shall be the responsibility of the Owners to consult with the Townshipto establish a defined practice schedule and game schedule and to cancelscheduled ice at the conclusion of the playoffs. Not cancelling ice at theconclusion of the playoffs will be charged to the Owners at the applicablehourly ice rental rate.

(e) Training Camp & Hockey School

(i) That by February 1st of each year, the Owners will meet with theTownship to establish the schedule for training camps and hockeyschools at the Arena. The Township reserves the right to approve anyproposed training camp and/or hockey school schedule. TrainingCamp includes spring team tryouts. The ice rate for any team relatedrentals will be charged at the prime time rate should ice time bebeyond the normal ice operation season (ie. spring and fall). There willbe not ice time from May lstto October 1st annually.

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Schedule “A” to By-law No. 2015-87 (cont’d)

(ii) That during this Agreement and when the Owners request that ice beextended past the 2 Monday of April to accommodate the team forTraining Camp, Conditioning Camps and/or Hockey Schools, it isunderstood that the Township agrees to rent the ice on a weekly basisto the Owners on a per cost basis, pre-agreed to in writing betweenboth parties. All additional ice rentals during the same said earlyweek(s) will be deducted by the Township and reflected in all Ownerspring ice invoicing. A non-refundable deposit will be determined inorder to hold the ice. Should the Owners not have sufficientparticipants, the deposit will not be returned.

(iii) That the Township will use its reasonable best efforts to reserve icetimes in the Arena for the Owners for League stipulated game times.The Owners will request the following game times at meetings with theLeague Executive and produce a schedule to the Township beforeJune of each season:

- 7:00 p.m. — 9:50 p.m. Mondays — Main Game Night- 4:00 p.m. — 6:50 p.m. Saturdays- 6:30 p.m. — 9:20 p.m. Fridays

(iv) That the Township will also use its reasonable best efforts to provideice times for preferred practice times for the team between 2:30 p.m.and 4:00 p.m. non-prime time based on availability, on each day of theweek that the team is not playing a game throughout the term of thisAgreement or at practice times that are mutually agreed to. In addition,the Township will attempt to provide additional ice time for skillsdevelopment at the request of the Owners on any other days of theweek when non-prime and prime time ice is available.

(f) First Aid Personnel

That First Aid Personnel shall be arranged at the Owners’ expense to attendall scheduled games.

(g) Officials

That the Owners agree to furnish all necessary officials as required by theGreater Metro Hockey League (GMHL) to officiate at the scheduled games.

(h) Greater Metro Hockey League Requirements

That the Owners shall be responsible for meeting any and all requirements oftheir affiliated hockey associations.

7. Advertising

(a) That all advertising is subject to the following conditions:

(i) That the Owners shall receive one (1) rink board (4’ x 8’)advertisement free of annual charges to be placed in an agreeablelocation for Coldwater Falcons related business.

(ii) That no defacement of the building walls without prior written approvalof the Township shall be permitted to install any signs on a permanentbasis.

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Schedule “A” to By-law No. 2015-87 (cont’d)

(iii) That the installation of all arena board signs will be completed by theTownship at no cost to the Owners, subject to the Township Health &Safety Policies and with seven (7) days written e-mail notice given bythe Owners to have installation completed. Any rental equipmentnecessary to install any and/or all signage will be the responsibility ofthe Owner. Said signs must be complete and ready for staff to install.

(iv) That the installation of any and/or all signage is at the Township’s fulldiscretion. All signage will be supplied by the Owners in a pre-agreedto format ready for installation.

(v) That advertising rights identified in this Agreement are transferable inthe event that the team is sold, subject to approval given by theTownship, in writing, of which will not be unreasonably withheld.

(vi) That the Owners will be permitted to hang team banners from Arenarafters with the locations to be mutually agreed to between theTownship and the Owners prior to the hanging of banners. Any rentalequipment necessary to install any and/or all banners will be theresponsibility of the Owners.

(vii) That the Township shall maintain the game announcing area, timeclocks, lights, nets and accessories in sound working order.

(b) All advertising proposed to be displayed by the Owners in the Arena shall besubject to the following restrictions:(i) That advertising signage shall comply with the Canadian Code of

Advertising Standards, the Human Rights Code and the CanadianCharter of Rights and Freedoms. In addition, the Owners shall notpermit the display of any advertising within or outside the Arena thatreflects negatively on the image or reputation of the Township.

(ii) That the Township reserves the right to remove any advertisingdisplayed within or outside the Arena which does not comply with therequirements of this Agreement.

(iii) That the display of advertisements by the Owners shall not interferewith the operation of equipment or the provision of services within theArena and shall not compromise worker safety.

(iv) That the Owners acknowledge that the granting of permission by theTownship for the display of any advertising shall not constitute anendorsement of the products and/or services by the Township.

(v) That all advertising will be installed at and by the direction of the SeniorMaintenance Operator and to the standards required by the Township,including arena boards and wall signs. The Owners are responsible forthe cost to provide all arena on-ice logos.

(vi) That all on-ice advertising will be installed when designated by theSenior Maintenance Operator prior to the installation of Arena ice ineach season. Installation of on-ice advertising shall be the soleresponsibility of the Township.

(vii) That if an advertising sign is not maintained in good condition or isotherwise damaged, as determined by the Senior MaintenanceOperator, the Township shall have the right to remove such signageand shall thereafter give notice to the Owners in writing that the saidsignage has been removed.

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Schedule “A” to By-law No. 2015-87 (cont’d)

8. Concession Booth

(a) That the Owners shall be responsible for the operation of the upperConcession Booth (kitchen) area within the Arena upon the terms andconditions thereafter set forth:

(i) That the Owners shall ensure that the Concession Booth is open toserve the patrons of the Arena during all Coldwater Falcon hockeygames when providing alcohol as per AGCO regulations. In addition,the Owners will open the Concession Booth to serve patrons one hourprior to and one hour after games.

(ii) That the Owners agree that the food served will not be the same asprovided in the lower area Concession Booth except for beverages andthat pricing will be comparable.

(iii) That the Township reserves the right to use the Concession Booth andequipment as the Township may require from time to time inconjunction with other events within the Arena and as determined bythe Township.

(iv) That the sales and proceeds from the Concession Booth, whileoperated by the Owners, shall be the property of the Owners. TheOwners shall be responsible for providing adequate stock andinventory for the operation of the Concession Booth and Bar Area at alltimes including but not limited to food products, beverages,condiments, serviettes, cups, plates, cutlery and related supplies.

(v) That the Owners agree to exclusively sell Coca-Cola beverageproducts from the Concession Booth in accordance with theAgreement attached hereto as Schedule “C” — Equipment PlacementAgreement. The Owners acknowledge and agree that the Townshipshall have the right to renew or amend the attached Agreement onsuch terms and conditions as the Township sees fit and mutuallyagreed to.

(vi) That subject to the rights of the Township as set out herein, theOwners shall also have the right to use the equipment and facilitiesassociated with the Concession Booth.

(vii) That the Owners acknowledge that the Concession Booth andassociated facilities and equipment have been supplied by theTownship in good working condition and have been inspected andapproved by the Simcoe Muskoka District Health Unit.

(viii) That the Owners shall be responsible for all maintenance of andrepairs to the Concession Booth and associated facilities andequipment.

(ix) That where equipment or fixtures cannot be repaired and must bereplaced, the Township shall be free to determine in its absolutediscretion whether it shall replace the fixtures or equipment. Should theTownship decline to replace the equipment or fixtures, the Ownersmay do so at its own expense in which event the replaced equipmentor fixtures shall become the property of the Township and the replacedequipment or fixtures shall remain Township property.

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Schedule “A” to By-law No. 2015-87 (cont’d)

(x) That the Owners shall operate the Concession Booth and associatedfacilities with due care and diligence. All damage to the ConcessionBooth and associated equipment and facilities caused due to thedeliberate acts, omissions or negligence of the Owners or those whomthe Owners is a law responsible shall be the responsibility of theOwners.

(xi) That the Owners shall operate the Concession Booth and Bar Areaaccording to all applicable Federal and Provincial Legislation andregulations. The Owners agree to make the Concession Booth and BarArea available at all times to inspectors from the Simcoe MuskokaDistrict Health Unit or its successor from time to time.

(xii) That the Owners shall be solely responsible for providing all staffrequired to operate the Concession Booth and Bar Area during allottedgames and/or playoff games and when requested by other rentals. TheOwners shall be permitted to retain a subcontractor(s) to operate theConcession Booth and Bar Area provided such subcontractor(s) meetthe AGCO requirements. The Owners and any permittedsubcontractor(s) of the Owners shall be deemed to be independentcontractors and the employees of the Owners or its permittedsubcontractor(s) shall not be considered employees of the Townshipfor any purpose whatsoever.

(xiii) That the Owners acknowledge and agree that the Township will bepermitted to operate vending machines at the Area to supply pop andjuice or other products as may be determined by the Township. Thevending machines will be operated by the Township and shall remainopen and available for use by all patrons of the Arena at all timeswhether the Concession Booth and Bar Area are open or closed.

(xv) That the Owners shall be responsible for maintenance, repair andcleaning of the Concession Booth and Bar Area including regularcleaning of the appliances, fixtures, equipment, counter, floors andother surfaces according to the requirements of all applicablelegislation and regulations, including the standards specified by theSenior Maintenance Operator.

(xvi) That the Owners shall be responsible for the supply of all cleaningproducts and equipment for the Concession Booth and Bar Area. In theevent that the Senior Maintenance Operator determines that theOwners have not carried out the appropriate maintenance, repairsand/or cleaning, the Senior Maintenance Operator may undertake suchwork at the sole cost of the Owners which shall be payable by theOwners to the Township on thirty (30) days written notice.

9. Insurance

(a) Indemnification — The Owners agree to indemnify and hold harmless theTownship, its employees, servants and agents against all losses, damages,claims, suits, liabilities and judgement costs caused by or in connection withthe act, omissions or negligence of the Owners or those for whom the Ownersare responsible at law associated with the use of the Coldwater & DistrictCommunity Centre by the Owners.

(b) Insurance Coverage - That the Owners shall provide proof on an annualbasis of a Certificate of Liability Insurance with an insurer satisfactory to theTownship in the amount of not less than $5 million naming the Township ofSevern as an additional insured. The Insurance Policy shall also contain astatement that coverage will relate to all claims to the Alcohol Gaming

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Schedule “A” to By-law No. 2015-87 (cont’d)

Association of Ontario (AGCO) licensed activities held at the Arena and shallnot exclude participants. The policy shall be kept in force during the currencyof this Agreement.

(c) Cancellation of Policy — That the Certificate of Liability Insurance shallcontain an endorsement which requires the insurer to notify the Township atleast thirty (30) days prior to the cancellation or termination of the policy forany reason.

(d) Claims in Excess of Coverage — The issuance of the insurance policyrequired by this Agreement shall not be construed to relieve the Owner in anyway of their responsibility for any claims for which it is liable or against whichit has indemnified the Township that may exceed the amount of the insurancecoverage.

10. Security

That the Owners shall be responsible for providing an adequate level of security,as jointly determined by the Owners and the Township for hockey games, as wellas any other permitted Owners’ functions at the Arena.

11. Independent Contractor

That it is understood that the Owners are an independent contractor with respectto all the services to be provided by the Owners as set out in this Agreement andshall not for any reason be considered an agent or an employee of the Township.

12. No Assignment

That the Owners may not assign, sub-license or otherwise transfer or delegate itsrights or obligations under this Agreement without the prior written consent of theTownship.

13. No Waiver

That no failure or delay by either party in exercising any rights, powers orremedies under this Agreement will operate as a waiver of such rights, powers orremedies and no waiver will be effective unless it is in writing and mutuallysigned by both parties.

14. Severability

That if any term, clause or provision of this Agreement is held to be illegal, invalidor unenforceable or the application thereof to any person or circumstance shall toany extent be illegal, invalid or unenforceable under present or future lawseffective during the term of this Agreement or of any provisions hereof whichsurvive termination, then in any such event it is the express intention of theparties that the remainder of the Agreement or the application of such term,clause or provision other than to those to which it is held illegal, invalid orunenforceable, shall not be affected thereby and each term, clause or provisionof this Agreement and the application thereof shall be legal, valid andenforceable to the fullest extent as permitted by law.

15. Entire Agreement

That this Agreement supersedes any prior Agreement, whether written or oral,and any changes, additions or modifications to this Agreement must be in writingand signed by the parties hereto.

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Schedule “A” to By-law No. 2015-87 (cont’d)

16. Governing Law

That this Agreement shall be governed according to the laws of the Province ofOntario.

2445077 ONTARIO CORPORATION

Signature

Print Name & Title

Signature

Print Name & Title

I have the authority to bind the Corporation.

CORPORATION OF THE TOWNSHIP OF SEVERN

MAYOR

CLERK

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Schedule “A” to By-law No. 2015-87 (cont’d)

• .SCHEDUIE

MISSION STATEMENT

COLDWATER FALCONS JUNIOR HOCKEY TEAM

The Coidwater Falcons Junior Hockey Team is dedicated to helping develop membersand student athletes on our hockey club into becoming better players and good citizensboth on and off the ice. Our goal is to provide a junior hockey opportunity that providesa positive association and a positive life experience for each one of our members,including local area kids and area community members involved directly or indirectlywith our Owners.

It is understood that the players selected to the team will be made up of local kids thatlive in the immediate area, as well as both North American and European born players.

Our mission is to help develop our student athlete players for their next level of hockeyand education and/or in the career choices our student athletes should choose,including preparation for the Ontario Hockey League or both the CIS and NCAAuniversity levels of play while combining hockey with education.

We teach life skills using hockey as our tool as hockey is our passion with the bestqualified people that we can surround ourselves with and include in our junior hockeyprogram and operations, again, both on and off the ice.

Winning hockey games is one goal within our junior hockey program. Developingwinning people with winning attitudes on and off the ice is another goal and is equallyimportant as winning games. The Coidwater Falcon Junior Hockey Team is a steppingstone for all of our players in their future development as we develop these young mento secure a positive future that may include combining education with hockey in theirfuture life choices.

We want our players, our team and the community we play in to have fun while our kidsgrow to become young, positive community ambassadors as growing student athletes,representing themselves, their families, our fans and the community that we play forwith Pride and Honor on and off the ice, creating a junior hockey environment where allinvolved, including the Host Community that we represent, that all can be proud of to beassociated with and wish to be part of.

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SCHEDULE

TOWNSHIP OF SEVERNMUNICIPAL ALCOHOL

POLICY

Purpose of Policy

• Ensure proper control, management and responsible use of alcohol duringevents and functions held in or at facilities owned and operated by theTownship of Severn;

• Reduce the risk of alcohol-related liability suits against the Township; and

• To ensure public safety at all alcohol-related

functions. Goal Statement

It is the goal of the Township of Severn that as many people as possible can enjoyour facilities in a manner that ensures the health and safety of the participantsand the protection of the Township of Severn, and to provide for the orderly useof alcohol during events and functions.

Oblectives

1. To provide appropriate and reasonable procedures and education toindividuals or groups wishing to hold events in order to encourage andenforce responsible drinking practices and adherence to the Alcohol GamingCommission of Ontario (AGCO).

2. To ensure proper supervision and proper operation of events in order toprotect the Corporation of the Township of Severn and its staff fromliability arising therefrom, and to assist event sponsors in doing so byproviding guidelines for proper supervision and proper operation of events.

3. To encourage and reinforce responsible, moderate drinking practices forconsumers through the development of appropriate operational procedures,controls, training and education.

4. To honour the decision of abstainers not to drink alcohol and to encouragetheir participation by providing alternative, non-alcoholic drinks.

5. To provide for a balanced use of alcohol so the alcohol becomes aresponsible part of a social function rather than the reason for it.

6. To promote the safe and responsible use of Township facilities and ensurethat consumers, abstainers, adults, youth and families will be adequatelyserviced and protected.

7. To be proactive in the reduction of incidents including injury and deaththrough the implementation of a Municipal Alcohol Policy.

8. To develop a Municipal Alcohol Policy that is easy to read and understandin order to maximize its use and adherence.

9. To review the Municipal Alcohol Policy on a regular basis.

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History

Municipalities inherently have an exposure to liability with respect to alcohol-related injuries due to the provision and rental of their facilities for events involvingthe use of alcohol. Essentially, the potential liability results from one of two areas:

1. As a provider of alcohol;

2. As an occupier of the premises upon which alcohol is being consumed (ie.Rental function and Municipality controls the premises).

Conditions for Special Occasion Permits

The person/group responsible for an event must obtain a Special Occasion Permitfrom the Alcohol and Gaming Commission of Ontario, and ensure that all theconditions of the Liquor Licence Act and the Township of Severn are adhered to forthe event. The Township reserves the right to refuse any applicant permission torun a licensed event on its property and to impose on the event whatever restrictionsit deems appropriate to the circumstances. Permits will not be issued by theTownship of Severn for alcohol consumption at any youth focused event.

Municipal-Properties.Where Alcohol is Per -

a_SpeclalOccasionPerrnit

______________

a) Facilities:1. Coldwater Community Centre (arena floor — non-ice events only), Upper Hall2. Lake St. George Community Centre (Upper and lower hall)3. Matchedash Heritage Community Centre (Main hall)4. Washago Community Centre (Main hail)

b) Parks - Town sanctioned Special Occasion Permit events:1. Coldwater Fairgrounds — designated areas2. Washago Centennial Park — designated areas

I Muidpal Proper les Where. AIcobo[isot. e n’T: L&’

a) Facilities:1. Coldwater Community Centre (arena ice — non-ice events only), Lobby2. All facility dressing/change rooms/washrooms3. All facility multi-purpose rooms or activity rooms4. Township Administration Offices

All other municipally owned properties (facilities, streets and open spaces) notspecifically designated in this policy as eligible for alcohol use.

All municipally owned parks, beaches and green spaces not specificallydesignated in this policy as eligible for alcohol use.

All Special Occasion Permit holders are required to adhere to the conditions asoutlined in the sections that follow:

SECTION 1 - DEFINITIONS OF EVENTS

This section pertains to all events held at Township of Severn municipally ownedand operated facilities.

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Private Events

Private Event SOPs are typically issued for events such as weddings, birthdays,funerals, bridal showers, etc.Private Events are for invited guests only and the event must not be advertised to thepublic, including by way of flyers, newspaper, internet or radio. The event cannotbe open to the public.Under a Private Event SOP, there can be no intention to gain or profit from thesale of alcohol at the event.Permit applications for Private Events must be submitted to an LCBO SOP servicestore at least 10 days before the event takes place. Permit applications for all otherevents must be submitted to an LCBO SOP service store at least 30 days before theevent takes place.

Public Events

Public Event SOPs are issued for events that are open to the general public, such ascharity fundraisers, outdoor street festivals, community festivals, etc.An SOP for a Public Event can be issued to:• a charity registered under the Income Tax Act (Canada); or• a non-profit organization or association organized to promote charitable,

educational, religious or community objects.

An individual or business may also apply for a Public Event SOP if organizing orconducting an event of:

• ‘provincial, national or international significance”, as agreed to by the Registrarof Alcohol and Gaming (the Registrar); or

• “municipal significance” for which a municipal resolution or letter from themunicipal clerk or designated authority is required and indicates the event isone of municipal significance.

For outdoor events where fewer than 5,000 people per day are expected to attend,the permit applicant must give written notice of the event 30 days before theevent to the clerk, police, fire and health departments of the municipality in which theevent is to take place.

For outdoor events where 5,000 people per day or more are expected to attend,the permit applicant must give written notice of the event 60 days before theevent to the clerk, police, fire and health departments of the municipality in which theevent is to take place.

SECTION 2- CONTROLS PRIOR TO EVENT

The permit holders will receive a copy of this policy, together with an AgreementForm attached hereto as Schedule “A” and Appendix “2” to this document, andreturn the signed Agreement Form to the Manager of Recreation and Facilities atleast two weeks prior to the event.

The permit holders will provide the Manager of Recreation and Facilities with a listof bartenders, door and floor monitors that will be working at the event at least twoweeks prior to the event. All bartenders must have completed the Smart ServeProgram (S.S.P.) or AGCO equivalent and submit their certification numbers, andbe qualified and aware of their responsibilities and legal liabilities. The SpecialPermit holder must ensure that all conditions of the AGCO and policies of theTownship of Severn are adhered to.

The permit holder will ensure that the bartenders and servers do not serve alcoholto underage, intoxicated, rowdy or unauthorized people at the event.

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SECTION 3- MONITORS AND IDENTIFICATION

Public Events

1. Entrance to public events will be monitored by two people 19 years of ageor older who have preferably completed a AGCO recognized servertraining program and acceptable identification will include photo identificationsuch as:

• An Ontario Driver’s License with a photo of the person to whom thelicense is issued

• A Canadian Passport• Canadian Citizenship Card with a photo of the person to whom the license

is issued• Canadian Armed Forces Identification Card• A photo card issued by the Liquor Control Board of Ontario (LCBO),

entitled Bring Your Own ID (BYID)• A Secure Indian Status Card issued by the Government of Canada• A Permanent Resident Card issued by the Government of Canada• A Photo Card issued under the Photo Card Act, 2008

2. Event workers must wear highly visible identification. Suggestions includeshirts, hats, or badges,

3. The permit holder will ensure that all supervisors will monitor the event,encourage legal and moderate drinking behaviour and ensure that anyproblems that arise are dealt with appropriately.

4. The monitors, bartenders and servers will not consume alcohol during theevent, nor will they be under the influence of any alcohol consumed before theevent.

5. The permit holder will be responsible for recognizing the need forassistance during the event, and requesting it from the appropriate Townshipof Severn staff or security officers.

6. The Special Occasion Permit signatory or designate must attend the eventand be responsible for making decisions regarding operation of the event.They must not consume alcohol while performing this role.

7. The Township of Severn reserves the right to require the presence of two off-duty police officers for the duration of an event with the cost to be borneby the sponsoring group or individual.

8. At least one municipal employee with authority to demand correction orshut down of an event on behalf of the Township of Severn will be onduty for all Special Occasion Permit licensed events.

Server Traininq

A training program is in place through the hospitality industry. The Smart Servetraining program will give liquor servers the information they need to understand andimplement the skills of responsible service. This program replaces the ServerIntervention Program. Qualified Smart Serve bartenders will know:

• their responsibilities and obligations under the law• proactive approaches to preventing alcohol-related problems• how to recognize signs of intoxication• how to implement intervention strategies for aggressive customers

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It is mandated by the Municipality that hosts have qualified individuals behind the barwho have attended this training course. (Refer to chart on Page 10)Further, it is understood that bar ticket sellers, floor monitors, and door monitors mustbe Smart Serve trained.

For further information, contact:

Smart Serve © Ontariowww.smartserve.org5405 Eglinton Avenue West, Suite 106Toronto, Ontario, M9C 5K6Tel: (416) 695-8737 I Fax: (416) 695-0684 I Toll-free: 1-877-620-6082Email: generalsmartserve.ca 7

Private Events

1. The permit holder will ensure that all monitors will supervise the event,encourage legal and moderate drinking behaviour and ensure that anyproblems that arise are dealt with appropriately.

2. The permit holder will be responsible for recognizing the need forassistance during the event, and requesting it from the appropriate Townshipof Severn staff or security officers.

3. The Special Occasion Permit signatory or designate must attend the eventand be responsible for making decisions regarding operation of the event.They should not consume alcohol while performing this role.

4. The Township of Severn reserves the right to require the presence of two off-duty police officers for the duration of an event with the cost to be borneby the sponsoring group or individual.

Job Descriptions

Role and Responsibility of ALL Event Staff

ALL Event staff will be required to:• be appointed by the Event Organizer and shall ensure compliance with the LLA

and MAP;• all Event staff involved in the sale or monitoring of the consumption

of alcohol shall be Trained;• abstain from consuming alcohol during the Event and will not be

under the influence of any alcohol prior to the Event;

• wear identifiable clothing (such as “Event staff” printed on clothing,or wear clearly identifiable name tags) and be present on thelicenced premises during all hours of alcohol service;

• ensure all patrons have vacated and ensure the premises is securedprior to leaving;

• be aware of the Fire safety plan for the Event or facility in whichthe Event is located;

• ensure all signs regarding the sale and service of alcohol are clearedwithin 45 minutes following the end of the licensed portion of anindoor Event and within 12 hours following the end of the licensedportion of an outdoor Event;

• must be 18 years of age or older.

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Role and Responsibility of Bartenders

In addition to the Roles and Responsibility of all Event staff, the Bartender is requiredto:

• check identification and verify age;• accept tickets for the purchase of alcoholic drinks;• serve Standard Drinks;• serve a maximum of two Standard Drinks per patron per visit — no doubles;• monitor for intoxication;

• refuse service when patron appears to be near intoxication;• offer non-alcoholic substitutes.

Roles and Responsibilities of Ticket Sellers

In addition to the Roles and Responsibility of all Event staff, the Ticket seller will:• check identification and verify age;• monitor for intoxication;

• sell a maximum of four (4) tickets per patron at one time;• refuse sale of tickets to patrons near intoxication;

• refund tickets on request whenever the bar is open and up to 30 minutes afterthe bar is closed.

Role and Responsibility of Door Monitor

In addition to the Roles and Responsibility of all Event staff, the Door Monitor will:• be present to ensure that each entrance/exit of the premises is monitored for

the duration of the Event and until the premises have been secured at the endof the Event;

• check identification and verify age• monitor for signs of intoxication and immediately notify the

Event Organizer/Permit Holder;

• monitor attendance and limit entry to venue nearing capacity to ensurethe capacity of the venue is not exceeded;

• refuse admission to intoxicated and troublesome individuals;

• ensure that participants are clearly marked using wristbands or other formof identification if there will be youth in attendance at the Event;

• suggest safe transportation options.

Role and Responsibilities of Floor Monitor

In addition to the Roles and Responsibilities of all Event staff, the Floor Monitor will:

• monitor patron behaviour and crowd control;

• monitor for signs of intoxication and immediately advise theEvent Organizer/Permit Holder;

• identify potential problems and make these known to the Event Organizerand Security;

• suggest safe transportation alternatives.

Licensed SecuritylPaid Duty Police Criteria and Responsibilities

If Event security is to be provided by a security company — the company must be dulybonded and licensed under the Private Security and Investigative Services Act, 2005;

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In addition to the Roles and Responsibilities of all Event staff, the LicensedSecurity/Paid Duty Police will:

• patrol the licensed area and immediate area outside the licensed area,washrooms and parking lot scanning for potential trouble;

• terminate the Event should it be determined there is a risk to publicsafety or the facility;

• ensure alcohol remains within the licensed area;• notify Event staff, Event Organizer and Permit Holder of potential incidents;• help in handling disturbances;• assist the Permit Holder in vacating the premises;• summon police when requested by the Permit Holder, Municipal Representative,

or as deemed necessary;• be required to check ID as necessary.

SECTION 4- RATIO OF EVENT WORKERS

Number of Floor bcurity. TicketAttendees — - Monitors Sellers

Under 7575to125 2 1 - - I I126to200 2 1 - - 2 220Ito300 3 1 - - 3 2301to400 3 1 - - 4 2401to500 4 1 - - 5 2501to750 5 2 - - 5 2751to1000 8 2 - - 6 2l000tol500 8 2 - - 7 2

Events that are NOT Stag and Doe type events, such as weddings,anniversaries etc., are exempt from the security worker requirements forevents with 125 or fewer attendees. Prior approval must be obtained fromCouncil for Stag and Doe events. Renter must adhere to all contractrequirements.

SECTION 5- YOUTH ADMITTANCE

Adult Events

It is recommended that if minors are attending a public event that they bedistinguished from other participants by a visible means, ie. stamp, wrist band.

Youth Events

No alcohol will be permitted at youth events. No alcohol advertising will bepermitted at youth events.

SECTION 6- MASQUERADE EVENTS

Participants at masquerade events must be prepared to unmask and identifythemselves with acceptable Photo l.D. Example: Ontario Driver’s License,Canadian Passport or Canadian Armed Forces Identification Card.

SECTION 7- BAR AREA CLOSURE & PREMISES VACATED

I U I I

The bar is to be closed at 1:00 am. with no last call.

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The event is to end by 1:00 a.m. with the facilities to be vacated by 1:30 am. Theonly exception is to be for the purposes of clean up after the event. This must benegotiated with the Manager of Recreation and Facilities in advance.

SECTION 8- CONSEQUENCES FOR FAILURE TO COMPLY WITH POLICY

Area Where Alcohol is Permitted by Special Occasion Permit

The individual and/or group who fail to comply with the Municipal Alcohol Policy orthe Liquor Licence Act of Ontario will be subject to the following consequences:

Suspension of Privileges for Violations

i) First OffenceAdvise the group/team in writing by Registered Mail that the next incidentwill result in rental privileges being revoked. This will be done by theManager of Recreation and Facilities. Where infractions are related to theLiquor Licence Act, a copy will be sent to the Alcohol Gaming Commission ofOntario.

ii) Second OffenceThe Manager of Recreation and Facilities will advise the events sponsor/groupor team in writing that the rental privileges have been revoked. Whereinfractions are related to the Liquor Licence Act, a copy will be sent to theAlcohol Gaming Commission of Ontario.

The Township shall not be]!Øftl responsible for any loss, financial orotherwise where an Event has to be cancelled for reasons of noncompliance with this MAP - reason for termination, theTownship shall not be respor any financial compensationto the Event OrgaflizerIPc’ 1.

Areas Where AlcohollUse of Illegal Substance is Prohibited

The consumption of alcohol is prohibited in all public places unless a SpecialOccasion Permit or licence for the facility has been obtained. The use of illegalsubstances is prohibited at all facilities owned and operated by the Township ofSevern.

SECTION 9- LIABILITY INSURANCE

1. Groups hosting Public Events must provide proof of $2,000,000 (twomilliondollars) in public liability insurance naming the Corporation of the Township ofSevern as an additional insured and a cross liability clause holding the Townshipof Severn harmless.

Certificate of Liability insurance, must include the following information;• Policy#• Company name• Expiry date and time — to include five (5) hours after the event has

expired• Amount of insurance coverage• An endorsement from the insurance company that they are aware of

the SOP event and that coverage is in place. Date and location ofthe event must be included.

• The coverage must include host liquor liability

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2. Proof of above listed insurance must be provided to the Township of Severntwo weeks prior to the event.

SECTION 10- ALCOHOL SERVICE

Low alcoholic and Non-Alcoholic Options

1. Bartenders will not serve any one person at any one time more than two (2)alcoholic beverages. No “doubles” and no “extra strength” beer over 5% willbe offered. Jello shooters or shooters of any kind are not permitted on thepremises, as well as alcohol soaked or injected candy or fruit.

2. All bottles will be retained in the bar area. Drinks will be served indisposable cups except for formal dinners or catered events where glass maybe used.

3. The Permit Holder shall ensure that alcohol which is sold or served onthe premises is not removed from the premises by a person attending theevent.

4. We recommend that tickets for both alcoholic and non-alcoholic drinks bepurchased from a designated ticket seller, and redeemed at the bar. As arequirement for a facility permit involving an Alcohol Permit, the organizinggroup must ensure that a minimum of 30% of the alcohol beverages availablemust be of a low alcohol concentration level, (less than 5% alcohol).

5. Unused tickets purchased at the event may be redeemable for cash at anytime during the event.

6. The bar area is to close after the last person is served beyond 12:30 a.m. andno later than 1:00 a.m. with no last call. All patrons must vacate the facility by1:30 a.m.

7. No person attending the event shall bring their own alcohol onto the premises.

8. Marketing practices which encourage increased consumption will NOT bepermitted, ie. oversized drinks, double shots, pitchers of beer, drinkingcontests, volume discounts on tickets, and events that include the bar.

9. Adequate supply of food must be served to persons attending the event.Items NOT considered food are snacks such as peanuts, potato chips andother salty items.

SECTION 11 - ADVERTISING & PURCHASE OF ALCOHOL

Advertising

The following alcohol advertising regulations set out for establishments are the samefor Special Occasion Permit holders.

i) Advertisements may state only the name of the establishment, that you havea liquor licence and the types of liquor you have available. You may NOTmention brand names or manufacturers in the advertisement. Liquor pricesmay NOT be advertised outside the establishment. Ads that carry moreinformation than the above must be approved by the L.C.B.O.

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ii) Anyone involved in the sale and service of alcohol must know that noaction, such as pricing or advertising, may promote or encourage excessiveconsumption. It is also a violation to require patrons, as a condition of enteringor remaining on the premises, to purchase a minimum number of alcoholicbeverages.

Purchase of Alcohol

According to the Liquor Licence Act, no person shall purchase liquor except froma government store or from a person authorized by licence or permit to sell liquor.

SECTION 12- SIGNS

The following sign will be displayed at the bar indicating that it is illegal to serveanyone to intoxication. The sign shall read:

TOWNSHIP OF SEVERNMUNICIPAL ALCOHOL POLICY

It is against the law to serve anyone to intoxication and/or to serve someone whoappears to intoxicated. Servers in our facilities are required to obey the law.

We do not wish to harm our customers, nor do we wish them to harm others. Peopleuse our facilities for enjoyable social gatherings, and we are happy to provide theseopportunities.

It is our policy that a maximum of two (2) alcoholic beverages per person may beserved at any one time. Should you wish a non-alcoholic beverage, request a sodapop, coffee or other alternative. If you would like a smaller than standard portion ofalcohol, please request a low alcohol beer, wine or mixed drink.

At any time during the event unused tickets may be redeemed for cash.

The Township of Severn supports the R.I.D.E. Program. The Ontario Provincial Policelook forward to personally thanking you, at one of their spot checks, for leaving thisevent as a sober driver.

SECTION 13- SAFE TRANSPORTATION POLICY

The Permit Holder will be responsible for promoting safe transportation options for thedrinking participants, such as but not limited to the following:• provide free non-alcoholic beverages for designated drivers• post the phone numbers of local taxi companies• provide an alternative means of transportation for those who are suspected to

be intoxicated, ie. call a friend, relative or taxi, call the police to warn orapprehend the driver who is suspected to be intoxicated.

SECTION 14- TABLE TENTS: SOBER DRIVER SPOT CHECK

We recommend the use of table tents to remind event participants about theimportance of not drinking and driving. Table tents should have messages such as:

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• The Ontario Provincial Police thank you for helping to Reduce ImpairedDriving Everywhere in the Township of Severn and the County of Simcoe.We look forward to personally thanking you at one of our spot checks forleaving this event sober.

SECTION 15— OPERATIONAL PLAN REQUIREMENTS

Operational plans required to be submitted under the MAP shall include theinformation as per Appendix ‘1Operational Plans are required to be approved by the Township and any other groupdeemed necessary by the Township.All costs associated with preparing and complying with the operational plan shallbe borne by the Event Organizer.

SECTION 16- DEFINITIONS

AGCO — shall mean the Alcohol and Gaming Commission of Ontario.httD://www.aclco.on.calen/pboutlincjex.asDx

Caterer’s Endorsement — small mean a liquor sales license authorizing the applicant tosell and serve liquor for an Event held on premises other than the premises to which theliquor sales license applies.

Township — shall mean the Corporation of the Township of Severn.

Event — shall mean any licensed Event held at a municipal facility or on Township landincluding streets at which alcohol will be served and/or sold and includes both privateand public events.

Event Organizer — small refer to the individual(s) who has signed the facility rentalagreement for an Event that will involve the selling and/or serving of alcohol atmunicipal premises. This individual(s) assumes responsibility and the liability for theoperation of the Event and for ensuring that the MAP is followed.

Event Worker — shall mean a paid/volunteer person(s) appointed by the EventOrganizer, who is over the age of 18 and who has satisfactorily proven to the EventOrganizer that she/he will act in accordance with the MAP. All Event Workers have aresponsibility in the operation of the Event and shall not consume or be under theinfluence of alcohol at any time during the Event. Event Workers may have one ormore of the following roles:

• Floor monitor• Door monitor• Server/bartender• Ticket seller

Detailed roles and responsibilities for each type of Event Worker can be found inSection 3.0 of this policy.

Fortified Drinks, Extra-strength Drinks — shall mean any drinks with more alcoholcontent than a standard drink. Many coolers and some brands of beer and wine containmore alcohol than a standard drink

Licensed Security — shall mean security personnel whose responsibility is to monitorentrances and patrol licensed areas to ensure the safety and security of theestablishment, its employees and patrons. Security must be licensed under the PrivateSecurity and Investigative Services Act (PSISA). Private Security and InvestigativeServices Act, 2005

Liquor License Act (LLA) — shall outline the laws regarding the sale and service ofalcohol. http://www.agco.on.ca/en/whatwedo/index.aspx

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MAP — shall be the short form title for this this Municipal Alcohol Policy.

Municipal Properties — shall mean lands, buildings and structures including publichighways owned or leased by the Township.

Municipal Representative — shall mean municipal staff or a designate that may attendand monitor an Event on behalf of the Township.

Occupier — shall mean anyone who has control of the premises and the power to admitor exclude others.

Occupier’s Liability — shall mean condition of premises, conduct of entrants andactivities permitted on the premises.

Operational Plan — shall mean a co-ordinated plan of actions to prevent and controlpotential risks. Refer to “Appendix 1” for more information.

Permit Holder - shall mean the person in whose name the SOP or Caterer’sEndorsement is issued by the AG CO.

Server Training Program — shall mean a certificate training program for servingalcohol that is approved by the AGCO. An example is the training program offered bySmart Serve Ontario (httos:/Iiww.smartserve,cp).

Server Intervention Program (SIP) — shall mean the program previously offered bythe Alcohol and Gaming Commission of Ontario. The Server Intervention Programtaught people how to prevent alcohol related problems and proper ways to intervene ifa problem occurred. Program replaced by Smart Serve Program.

Please note that the AGCO still recognizes The ServerIntervention Program (SIP)certification issued prior to May 1995.For the purpose of this Municipal Alcohol Policy, where the termSmart Serve Program is used, the Server Intervention programmay be substituted.

Special Occasion Permit (SOP) — shall mean a liquor permit issued by the Alcohol andGaming Commission of Ontario (AGCO) for social events where alcohol will be sold orserved. htto://www.aoco.on.calen/services/Dgrmit soecial aDb.asrx.

Special Occasion Permit Holder — shall refer to the individual who signs the applicationfor a Special Occasion Permit to sell and/or serve alcohol.

Standard Drink — shall meanl 2 oz or 341 ml. of beer with up to a maximum of 5%alcohol OR 5 oz or 142 ml. of wine with up to a maximum 12% alcohol OR 1 oz or 43 ml.of spirits with up to a maximum 40% alcohol. Each of these standard drinks has 0.6ounces or 17 ml. of pure alcohol.

Trained — shall mean certified by a Server Training Program recognized by theAGCO.

SECTION 17- ENFORCEMENT PROCEDURES FOR POLICY VIOLATION

a) A violation of this policy occurs when the S.O.P. holders fail to comply withthis policy and the conditions of the Liquor Licence Act of Ontario or any otherrelevant legislation. Intervention can be initiated by a participant at the event,Township of Severn staff members, a member of the Ontario Provincial Policeor an Inspector of the L.C.B.O.

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Schedule “A” to By-law No. 2015-87 (cont’d)

b) A member of the organizing group or the designated monitor may interveneby informing the offending individual(s) of the policy violation and that itcease. Group members and monitors should feel encouraged to intervene inthis way because intervention at other levels could result in the loss ofprivileges and legal charges.

c) A staff member with recognized authority in the Township of Severn willintervene whenever he or she encounters a violation of the policy.Depending upon the severity of the violation, Township of Severn staff mayask the organizers to stop the violation or they may close down the event.Should the organizers fail to comply, the staff members may call the police forenforcement.

d) Where the Special Occasion Permit holders have violated the MunicipalPolicy, and have been confronted by a Township of Severn staff member, thegroup will be sent a letter advising them of the violation and indicatingthat no further violation will be tolerated. At this time, the Manager ofRecreation and Facilities may at his/her discretion revoke user privileges forthe organizing group, based upon the severity of the violation(s). (Theorganizing group will also forfeit the “Event Deposit’, if applicable.) Theorganizing group will also be invoiced for any costs or damages.

e) Should members of an organized group/team violate the policy within one yearof receiving notice of their first violation, the group may be suspended fromfuture organized use for a period of one year (or longer). A registered letterwill be sent to their contact person advising of the suspension from theManager of Recreation and Facilities.

f) The Manager of Recreation and Facilities reserves the right to revokerental privileges immediately for any serious altercation (ie. serving withouta proper licence, loss of control, total neglect of the facility, etc.)

g) A member of the Ontario Provincial Police or L.C.B.O. Inspector may intervenein a violation of this policy on his/her initiative or in response to a requesteither from a Township of Severn staff member or a member of the public.Depending on the severity of the infraction, charges may be laid under theLiquor Licence Act of Ontario and/or any other relevant legislation.

h) An individual or organized group may appeal to the Township of Severn tohave their privileges re-instated.

i) A violation of this policy occurs when individuals consume alcohol in a Facilityor area where the consumption of alcohol is not permitted. Interventioncan be initiated by a member of the group using the facility or area (if it is agroup event), a staff member of the Township of Severn or by a memberof the Ontario Provincial Police.

j) A group member may intervene by informing the offending individuals thatMunicipal Policy prohibits alcohol consumption and asking that it stop.Group members should feel encouraged to intervene, as intervention fromany other level may result in the suspension of privileges for the group.

k) A staff member with recognized authority in the Township of Severn willintervene whenever he/she encounters a violation of the policy. Staffmembers can ask individuals to cease the consumption of alcohol, they canask the individual or organized group to leave the facility area, depending onthe circumstances and nature of the violation (especially the potential of harmor loss of enjoyment by non-drinkers). Should the individual or groupmember fail to comply, the staff can call police for enforcement.

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Schedule “A” to By-law No. 2015-87 (cont’d)

I) When the member(s) or organized group/team have violated the Municipalpolicy, and have been confronted by Township of Severn staff, the group willbe sent a letter advising of the violation, and indicating that no furtherviolation will be tolerated. As well, the group may be invoiced for any and alldamages and costs associated with the violation.

m) A member of the Ontario Provincial Police may intervene in a violation ofthis policy on his/her initiative or in response to a request either from aTownship of Severn staff member or a member of the general public. ThePolice Officer may ask that the alcohol consumption stop or can order theindividuals, or organized group to leave the facility or area. In addition, thePolice Office may at his/her discretion lay charges against the offendingindividual(s) under the Liquor Licence Act of Ontario and/or any other relevantlegislation.

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Schedule “A” to By-law No. 2015-87 (cont’d)

Schedule “A”

AGREEMENT FORM FOR SPECIAL OCCASION PERMIT HOLDER

1. I have received and reviewed a copy of the Township of Severn ‘Municipal AlcoholPolicy and Procedure” (attached)

2. I understand that I must adhere to the conditions of the Alcohol Policy andProcedure

and the Liquor License Act of Ontario.

3. I understand that if I or other individuals at the event fail to adhere to the Townshipof Severn’s ‘Municipal Alcohol Policy” and related Procedure(s), Township staffwill take the appropriate action. This action may include eviction, revoking of theSpecial Occasion Permit and the notification of Police or Alcohol GamingCommission of Ontario authorities.

4. I understand I can be held liable for injuries and damages arising from failureto adhere to the Liquor License Act of Ontario.

5. I understand that the Ontario Provincial Police and/or the Alcohol and GamingCommission of Ontario authority may lay charges for infraction of the Liquor LicenseAct of Ontario or other relevant legislation.

6. I understand and acknowledge that I must attend the event and beresponsible

for making decisions regarding the operation of the event.

7. I understand and acknowledge that I must refrain from consuming alcohol while theevent is in progress.

Name (please print) ——

Signature

Date

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Schedule “A” to By-law No. 2015-87 (cont’d)

APPENDIX IOPERATIONAL PLAN REQUIREMENTS

If you require an Operational Plan to be submitted, please complete thefollowing information. The questions will assist you, the Event Organizer, inpreparing for and executing a successful event.

Once the operational plan has been completed there will be a review. Ifadditional information is required, you will be notified. Please allow a minimumof two weeks.

APPLICANTGroup/Organization

Person in charge of event

Address Unit number

City Postal code Province E-mail

Telephone number Fax Cell number( ) ) ( )EVENT INFORMATILocation of event

Date(s) of Event

Time of event When will doors/gates open

Projected attendance How many people do youexpect to arrive at once

Admission Fee

What time will the music/entertainment occur (if event is more than one date, list all times).

What is the type of music/entertainment will be at your event. Provide schedule of music/entertainment.

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Schedule “A” to By-law No. 201 5-87 (cont’d)

Will there be any heating units provided for event? If yes please indicate the type i.e. propane heaters etc.

Will there be on site vendors, if yes, how many and what type of vendors will there be?

There is no smoking in parks, playgrounds, trails, and sportsflelds. How will you enforce this?

How you will handle the parking for the event? How many accessible handicapped parking spots will beavailable at your event?

Who will be providing your janitorial cleanup crew?

Will you be erecting any portable structures such as tents, stage etc. be set up at the event? If so, includEthe details for installation. The Township of Severn must issue permits and inspect these structures. Whcis the provider of the portable structures?

Is on-site camping/accommodation needed? If yes, Township Council approval required.

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Schedule “A” to By-law No. 2015-87 (cont’d)

Name of company who will be providing your electrical requirements.

Are there any road closures being requested for this event? If so, which roads(provide detailed maps)

Will there be an application for noise by-law exemption?

ALCOHOL SERVIList your licensed hours for each day of your event (i.e. Saturday, October 1, 2013 9:00 a.m.— 11:00p.m.)Requests to extend licensed hours must be approved by Township Council).

Type of event you will be applying for:ci Private Event (limited to invited guests only and may not be publicly advertised; public

cannot be admitted and there can be no intent to gain or profit directly or indirectly from the sale ofalcohol at the event).

ci Public Event (open to the public; event can be advertised, and fundraising fromthe sale of alcohol at the event is permitted).Select the one that applies to you:ci Registered charity (under the Income Tax Act (Canada))ci Non-Profit association or organizationci Other (event of municipal significance) (events of municipal significance will require amunicipal resolution - please submit your letter of request to the Township AdministrationOffices)ci Provincial, national or international significance.

Catering Endorsement: Name of Company providing service:

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Schedule “A” to By-law No. 2015-87 (cont’d)

Is the event an age of majority or are minors permitted? If minors are permitted in your licensedareas, include in detail how you will keep them from consuming alcohol.

How will you be indentifying those that can be served alcohol (i.e. wristbands, stamps etc.):

Describe where and how you will check for ID?

Price of alcohol tickets (i.e. beer, coolers, wine etc.)

Type of alcohol to be served.

Type of non-alcoholic beverages served

What method of alcohol service i.e. plastic cups, cans etc.

How will alcohol be stored during the event and for multiple day events when the event is not open?

Do you have a safe transportation plan in place: If yes, what are the plans?

Bar service location.

Ticket sales location.

Describe your refund policy for unused alcohol tickets.

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Schedule “A” to By-law No. 20 15-87 (cont’d)

Ensure sufficient numbers of washrooms are available, including accessible facilities. Pump-out andclean washrooms during the event. Maintain supplies such as toilet paper, hand sanitizer, soap andwater at each station. How many washrooms will you have, the location and the name of your provider:

Provide a schedule of your security by the hour.

Provide a schedule of volunteers by the hour.

Procedure for handling intoxicated persons.

Is there a lost child contact area and procedure, if so, please describe.

Who is selling alcohol tickets? How many ticket sellers will be on duty during all times of the event?

Will your servers all be Smart Serve Program trained or accepted equivalent?

How will volunteers be identifiable i.e. name tag, uniforms?

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Schedule “A” to By-law No. 2015-87 (cont’d)

Based on your site map, what is the capacity of your licensed/permit area? (Maximum capacities for alloutdoor areas (and indoor areas without a designated Building or Fire Department capacity) is determinedby dividing the actual size of the a permit area (as determined in square metres or square feet) by 1.11square metres or 12 square feet per person (example: 30m x 60m = 1,800 square metres divided by 1.11:1,621 persons/lOU ft x 200 ft = 20,000 square feet divided by 12 = 1,666 persons).

How will you handle the security of money of the event:

Serving practices i.e. maximum 4 tickets sold to a person at a time, 2 servings of alcohol at a time.

Will you be applying for a license to allow for raffles, 50/50’s etc.?

EMS and Fire Services •

Include details if EMS and Fire Services will be servicing the event, including their schedule and whatservices will be on site (i.e. 1 ambulance, 4 paramedics, 6 first-aiders and a tented infirmary, 4 firefightersetc.). If you do not plan to have EMS or Fire Services on site, please specific how you will contact them incase of an emergency:

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Schedule “A” to By-law No. 2015-87 (cont’d)

SECURITYPLAN ‘

When planning security for your event, employ a risk-based strategy: the higher risk to public safety, themore security measures should be put in place. The number of staff, security and police will be based on,but not limited to, the following:

• The nature of the event and the sponsor;• The age range of the people that your event will appeal to;• Location of the event;• Dates and hours of event;• Number of people expected to attend;• Size of the area where patrons will be allowed to consume alcohol;• Whether there is any tiered seating in the area where patrons can take alcohol;• Types of alcohol beverages (beer, wine and/or spirits) and non-alcoholic

beverages you are going to sell or serve;• Portion size, container types (plastic cups, cans etc) and price per serving;• Whether minors will be permitted in the licensed area(s);

Number of volunteers and how will the volunteers be identifiable i.e. name tag, uniforms etc.

Name of licensed private security company.

Number of licensed private security.

Number of paid duty police officers.

How will you communicate during the event (portable radios, headsets, cell phones etc?)

Who and how many people will be checking ID?

Will the facility have adequate lighting? Will you providing additional lighting? Will the exits andentrances be well-lit?

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Schedule “A” to By-law No. 2015-87 (cont’d)

Proposed fence type and height: (fencing will be discussed and reviewed). The following are best practice.Low Risk — minimum allowable is 36” or portable 4’ modular fencing; Medium Risk — single or double 4’modular fencing; if double, include a 10” no-go zone” between fences; High Risk — double 6’ or 8’ modularfence with a 1-’ moat between fences).

how will you ensure accurate capacity numbers for your licensed area?

What are your plans to monitor the parking area, entry line ups for orderly conduct etc?

Describe your emergency plan in the case of a hurricane, emergency medical condition, bomb threat etc.?

SITE MAP —-,Your site map should indicate the dimensions of the overall site, including licensed area and serving area.guest will be permitted to carry alcohol through the event area please show where all the fencing will bepositioned. Other items to include on site map include: (please attach)Entry and exit gates/location; lighting; fencing; food area; washrooms; licensed area; first aid location/childlost area; street references; tent location, cooking area, ID check location; on-site vendors; ticket saleslocation; bar service area location; EMS and fire routes; structures within licensed area or adjacent fencing

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Schedule “A” to By-law No. 2015-87 (cont’d)

SIGNAGEConsider using easy to read black and white signs identifying the following:Ticket sales — Price, Refunds; Enter and Exit; Washrooms; Menu items; Bag search, if applicable;

First Aid Station; Photo ID - if applicable; No “Re-entry”, if applicable; Wheelchair accessible areas.

Include signage that is required in accordance with the MAP

FOOD SERViCESWhat type food will be available at your event? Is the food being prepared on-site or being delivered?Ensure that your food arrangements, whether prepared on-site or delivered, comply with local health authoand fire service requirements. Remember that food must be available whenever alcohol is being sold orserved.

SIGNATURE OFAPPLIC

Signature of Applicant:

Date:

OFFICE USE ONLY:

Date Received

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Schedule “A” to By-law No. 2015-87 (cont’d)

APPENDIX 2INFORMATION TO BE SUBMITTED PRIORTO EVENT

The following documents are required to be provided to the Township a minimum offourteen (14) days prior to the Event:

Copy of the Special Occasion Permit;

In accordance with Section 9 of this policy, proof of a minimum of Two million dollars

($2,000,000) Public Liability Insurance issued by an insurance companysatisfactory to the Township that is licensed to carry on business in Ontario and whichmust at a minimum include the following:• Coverage for bodily injury and property damage liability• Host liquor liability endorsement• Township named as an additional insured to the policy• Show that the coverage is in effect prior to the start of the event during setupand be in

effect until at least 5 hours after the bar closes and take down has beencompleted whichever is later.

• Event organizer, Special Occasion Permit Holder and Facility renter shouldbe included as additional insured.

List of the Smart Serve Event Staff including card numbers, in accordance with

Section 2 of this Policy. The list of Event staff shall be provided in advance,however it is recognized that staffing levels may change. A complete list of staffwith card numbers will be available at the event and shall be produced at therequest of the Township.

Copy of the Operational Plan where required in accordance to Section 15 of this policy

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Schedule “A” to By-law No. 2015-87 (cont’d)

SCHEDULE “C”j;r

(‘Refreshments

EMO Number NIA Outlet Number 6842508

Equipment Placement Agreement

In consideration of the mutual promises set forth below, Coca-Cola Refreshments Canada Company (“Bottler”) through its saidsales or branch offices and the customer specified below (“Customer’”) agree to the following terms and conditions of thisEquipment Placement Agreement (the “Agreement”):

1. InstallatIon and Oeratioii. Bower shall deliver and install the equipment described herein, or any other document signed byCustomer, aridlor any replacement part, replacement, additions or accessories (collectively the “Equipment”) at the locationspecified herein and Customer shall use the Equipment Only at such location. “Equipment” shall include all equipment providedby Bottler, including, but not limited to vending machines, coolers and fountain equipment. Customer, at its expense, shall provideall necessary service connections and utilities. Customer hereby guarantees that (a) no logo, trademark, advertisement or otherindication of Bottler’s ownership of the Equipment shall be obstructed, defaced or removed and no other logo, trademark oradvertisement shall be attached to the Equipment, (ti) in the event the EquIpment contains an illuminated sign, Customer shallkeep such sign illuminated at all times, (c) the Equipment shall not be obstructed, moved or removed without the prior writtenconsent of Bottler,(d) the Equipment shall not be sold, reassigned, loaned, leased, rented to any other party and (e) Customer Willnot attach the Equipment or allow the Equipment to be attached In such a manner as to become part of the realty ass fixture orotherwise, and that the Equipment will be maintained the same so that it may be easily removed without damage to buildings orrealty.

2. If Bottler is providing Full Service vending under this Agreement, Customer agrees to permit BoWer to place the Equipment onCustomer’s premises. Bottler shall stock the Equipment and Shall collect all proceeds from the sate of beverages. If applicable,Bower shall pay Customers commission on sales through the Equipment. The initial commission rate is set forth in the sectionmarked “Full Service Vendwig CommiSsion” below but may be changed by Bottler in its sole discretion. Commission shall bepayable on cash collected less any applicable deposits for soft drinks of the BoWer sold through the Equipment and less anymunicipsl, provincial or federal goods and services, harmonized or sales taxes or license fees now or later imposed on suchsales or the Equipment. If applicable, the Bottler shall pay any goods and services, harmonized or sales taxes on thecommissions earned.

3. Bottler hereby loans Equipment to Customer, however, during the term of this Agreement, Bottler reserves the right, upon priornotice to Customer to lease or rent the Equipment to the Customer and upon commencement of the lease or rental program,Customer agrees to pay a monthly rent. BoWer may change the lease rate charged under this Agreement by senng notice ofsuch change to Customer at its present address. Customer may terminate this Agreement as set forth herein if it objects to suchchange

4. Ownershto. Bower is and at all times shall remain the exclusive owner of the Equipment. Customer shall protect Bottler’s titleand keep the Equipment free from all claims, liens and encumbrances. Customer’s obligation under this paragraph remains untilsuch time as Bower or Bottler’s representative picks up equipment. Bottler agrees to supply and deliver all of the products storedin or sold through the Equipment, or to introduce art authorized third party wholesaler to supply and deliver products on theBottler’s behalf. Customer agrees to purchase and store in the equipment product solely produced or distributed by Coca-ColaRefreshments Canada and delivered from the bower or, if approved by CCRC in writing, any third party wholesaler introducedand authorized by the bottler., Customer authorizes Bottler to execute and file any additional instruments in all jurisdictions whereit deems it necessary to perfect snd maintain Bottler’s interest in th Equipment.

5. MaIntenance and Reoalr. Bower agrees to provide reasonable service and maintenance for the Equipment In accordancewith the terms of the service plan set forth in the section marked “Service Plan” below. Any additional service and maintenanceduring the calendar year not covered under the Service Plan (or If Service Plan box is not selected )all calls will be billed to theCustomer at the Bottler’s standard rate in effect from time to time. The Customer, by selecting the Service Plan, agrees to paythe amounts specified in advance on receipt of invoice. In the event the Customer does not pay a Service Plan invoice amountwithin 20 days of the dale of such invoice, the Bottler may treat the Service Plan option as null and void and may charge theCustomer on a “pay as you go” basis for all Service calls, parts and labour, which shall be charged at the Bottler’s standard ratesin effect from time to time. Customer shall allow Bottler to enter its premises for the purpose of Inspection or performance of suchmaintenance and repair, or necessary replacement or return of the Equipment. All service and maintenance calls must beexclusively handled by Bottler.

Vo.ee 1.1 Page 1 of 5

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Schedule “A” to By-law No. 2015-87 (cont’d)

Retreshmen1s

6. DIsclaimer or Warranties. Customer acknowledges that Bottler Is not the manufacturer of the Equipment. All warrantiesprovided by the manufacturer of the Equipment to Bottler shall inure to the benefit of Customer. BOTTLER MAKES NOREPRESENTATIONS OR WARRANTIES OF ANY KIND AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES AS TOTHE FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, DESIGN, CONSTRUCTION, CONDITION,SPECIFICATIONS OR PERFORMANCE OF THE EQUIPMENT. Customer accepts no warranties and expressly waives anyimplied warranties as to the Illness for a particular purpose, merchantability, design, construction, condition, speofication orperformance of the Equipment.

7. LiabilIty and Costs. Customer hereby assumes liability for any and all damage to, normal wear and tear excepted, or loss ofthe Equipment from the tIme the Equipment is delivered to Customer until returned tolor removed and accepted by Bottler.Customer assumes responsibilIty to report any damage to or loss of Equipment to Bottler immediately. Customer shall pay anytaxes, licenses, charges or other fees which may be imposed on the sales from the EquIpment, upon the Equipment itself or thisAgreement by any taxing authority. In the event of a default by Customer under this Agreement, including non-payment of rentalcharges, Customer shall be liable for reasonable legal fees and disbursements and other costs incurred by Boffler in enforcing itsrights hereunder by litigation or otherwise,

8. Exculaatlon. Bottler shall not be liable to Customer for any claims based on or arising Out of injury to person or property in anyway relating to the installatIon, use or operation of the Equipment, except such claims as might arise solely out of Bottler’s grossnegligence and willful misconduct. In no event and under no circumstances shall Bottler be liable to Customer for any claimsbased upon or arising out of lost profits or prospective profits, loss of product, or consequential, special or incidental damages inany way relating to the installation, use or operation of the Equipment.

9. IndemnIty. Customer shall indemnify and hold Bottler harmless from all losses, damages and expenses, including legal feesand disbursements resulting from any and all claims, demands or rights of action that may be asserted at any time against Bottlerwhich are caused by or result from Customer’s negligent actions, inactions, or Customer’s willful misconduct, In the use oroperation of the Equipment. Customer represents and warrants that all utility service on the property is proper and adequate forthe installation of Equipment, and Customer agrees to indemnity and hold harmless Bottler from any damages arising out ofdefective utility services.

10. Term and TerminatIon. The term of this agreement shall commence on the date this agreement is executed by the Bottlerand shall continue until terminated by either party. Either party may terminate this Agreement upon any or no cause upon 10days written notice to the other. Bottler may termInate this Agreement immediately upon the occurrence of any of the followingevents of default: a) Customer fails to make any payment of rent wIthin 5 days after rent is due; b) the Equipment is moved fromthe location(s) at which it is provided; c) Customer transfers, lends, subleases, or encumbers the Equipment or attempts to do so;d) the EquIpment is levied, seized, or attached, whether by operation of law or otherwise; e) Customer fails to perform or complywith any one or more terms, conditions, or provisions other than the payment of rent, and such failure continues for a period of 10days after notification by Bottler f) Customer is adjudicated insolvent by any court or tribunal or files voluntary petition inbankruptcy or enters into an arrangement with its creditors; or (g) Customer fails to purchase the equivalent number of standardphysical cases set forth in the section marked Standsrd Physical Ceaes below (24 x 237mL) per annum from Bottler or itsaffiliates. In the event of default, Bottler shall have the Immediate right to exercise any one or more of the following remedies: w)to terminate the Agreement, x) to declare the entire amount of rent immediately due and payable, without notice to or demand ofCustomer’ y)to take possession of any or all Equipment without demand or notice wherever the same maybe located, withoutany court order or other process of law or z) to pursue any other remedy at law or in equity. If the Equipment is not madeaccessible by Customer, then Customer shall pay all costs and expenses relating to the removal of the Equipment If thisAgreement is terminated by Customer prior to one year from the date hereof or due to Customer’s breach, then Customer shellpay Bottler all costs and expenses for installation, removal and refurbishment of tire Equipment. All rights and remedies providedherein may be exercised exclusively, concurrently or cumulatively with any other right or remedy hereunder, or as otherwiseprovided by law,

11. Casters. In the event that the Equipment includes casters, the Customer recognizes and acknowledges that the castersprovided on the Equipment are not designed or intended to allow for the movement of the Equipment beyond the short distancesrequired for cleaning of the immediate area, and are not designed for movement from room to room or other similar distances.Customer agrees that it shall not, and shall not permit its employees, agents or subcontractors louse the casters to move theEquipment beyond the short distances necessary to adequately clean and maintain the Equipment sad immediately surroundingareas. Customer agrees not to otherwise move or displace the Equipment from the area in which it was placed by Bottler. Anybreach of this Section II by Customer shall constitutes material breach of this Agreement.

Ve,,Ion 1.1 Page 2 of S

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Schedule “A” to By-law No. 2015-87 (cont’d)

CRefreshments

12. Privacy: Customer consents to the collection, use and disclosure of Customers personal information for the purposes ofopening, administering, servicing and enforcing this Agreement, indudlng collecting any amounts owed to Bottler, and as set outbelow. Bottler may use agents and service providers (including affiliates acting in that capacity) to collect, use, store andiorprocess personal information on Bottler’s behalf and Customer’s personal information may be transferred to these entities for thepurposes described in this Section. Bottler’s agents and service providers may be located in foreign jurisdictions and, If so,Customer’s personal information may be transferred and processed outside of Canada and subject to the privacy laws of suchforeign jurisdiction.

13. MIscellaneous. This Agreement shall not be transferred, subleased, or assigned in whole or In part by Customer without theprior written consent of Bottler. This constitutes the entire Agreement between the parties and may be amended only ins writingsigned by both parties. No modification or waiver shall be enforceable unless in writing and signed by the party against whomenforcement Is sought. Bottler shalt be entitled to recover from Customer Its reasonable legal fees and disbursements incurred inenforcing this Agreement. The terms and conditions to this Agreement are intended to be severable, such that, if any term orcondition is held lobe invalid or unenforceable, in whole or In pert, by any court, Such term or condition shall be renderedIneffective only before such court, and only to the extent of such invalidity or unenforceability, without in any manner affecting thevalidity or enforceability of the remaining terms and conditions. This Agreement shall be governed by and construed inaccordance with the laws of the Province of Ontario and the laws of Canada applicable therein and shall be treated in at respectsas an Ontario contract.

14. Language. The parties confirm that It is their wish thai this Agreement as welt as any other documents relating heretoincluding notices and schedules have been and shall be drawn up in English only. Les parties eux presente confirnient leurvolonté que cette convention de même que bus los documents, y compris bus avis et cédules s’y rattachant, soient rediges enanglais seulement.

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Schedule “A” to By-law No. 2015-87 (cont’d)

Commission Rate 22 %

Physical Cases NIA

Term of Agreement N/A Months

Monthly Fee $ N/A

Billing Commences N/A (Month. Year)

- Accepted and Approved: This agreement shall not constitute acontract until accepted in writing by a representative of CocaThe above Equipment and permanent merchandising which remain the Cota Refreshments.

property of Coca-Cola Refreshments are hereby authorized forinstallation under the terms and conditions slated herein which I haveread and to which I agree.

By nignlng this Agreement in the space provided, I acknowledge that Ihave the authority to sign and have read and understood and agree tobe bound by the tarms and conditions of this Equipment PlacementAgreement.

(Signature)

Print Name Patricia Hardwood

Title Manager of Rncreaton arid FacBtles

Date Jun 15,2015

(Signature)

Print Name Kory Annis

Title MDM

Dale Jun 15, 2015

6Refreshments

In witness whereof, the parties hereto have executed as of the date indicated below.

Customer COLOWATER & DiSTRICT COMM

______________

Address: 11 MICHAEL ANNE DR

City GOLDWATER

___________________

figIL$tyIeaVendina Commission

________

Province: ON Postal Code: LOEIKO

Service Plan

Please mark the appropriate service plan with anX

No Charge Service X

Charge for Parts Only

Charge for Labour Only

Charge for Parts and Labour

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Page 45: THE CORPORATION OF THE TOWNSHIP OF SEVERN … Council...breakfast clubs, public school reading programs as well as regular minor and ... 5. Facility Usage (a) Arena Usage ... Severn

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