By-Law 2016-173 a By-Law of the City of Greater Sudbury to Authorize The
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By-law 2016-173 A By-law of the City of Greater Sudbury to Authorize the Execution of an Assignment Agreement between the City of Greater Sudbury, the Sudbury Wolves Hockey Club Limited and 1930178 Ontario Limited Whereas the City of Greater Sudbury entered into an agreement with the Sudbury Wolves Hockey Club Limited dated September 1st, 2006, and subsequent amendments thereto, for the use of the Sudbury Community Arena, the promotion and sale of advertising and the operation of food concessions within the Sudbury Community Arena (the "Arena Operating Agreement"); And Whereas, pursuant to the terms of the Arena Operating Agreement as amended, the Sudbury Wolves Hockey Club Limited has requested approval to assign its rights and duties under the agreement to 1930178 Ontario Limited, and 1930178 Ontario Limited has indicated a willingness to assume the rights and obligations of the Sudbury Wolves Hockey Club Limited; And Whereas Council of the City of Greater Sudbury is willing to approve the request; Now therefore the Council of the City of Greater Sudbury hereby enacts as follows: 1.-(1) Where the General Manager of Assets, Citizen and Leisure Services, the Chief Financial Officer I Treasurer and the City Solicitor are satisfied that 1930178 Ontario Limited has provided information to demonstrate the ability to deliver the services in the Arena Operating Agreement, the General Manager of Assets, Citizen and Leisure Services is authorized to negotiate the wording of and execute on behalf of the City of Greater Sudbury an Assignment Agreement between the City of Greater Sudbury, the Sudbury Wolves Hockey Club Limited and 1930178 Ontario Limited under which 1930178 Ontario Limited assumes all rights and obligations of the Sudbury Wolves Hockey Club Limited under an Arena Operating Agreement dated September 1st, 2006 between the City of Greater Sudbury and the Sudbury Wolves Hockey Club Limited. (2) Notwithstanding the authority granted in subsection (1), the General Manager of Assets, Citizen and Leisure Services shall ensure that, prior to executing an Assignment Agreement, the sale of the Sudbury Wolves Franchise has been approved by the Ontario Hockey League Board of Governors and further that any amount currently outstanding to the City pursuant to the Arena Operating Agreement has been paid. - 1 - 2016-173 (3) The General Manager of Assets, Citizen and Leisure Services is further authorized to sign such further documentation, to collect such deliverables and to take such further steps as may be req uired to implement th e effective assignment of the said Arena Operating Agreement. 2. This By-law shall come into full force and effect upon passage. Read and Passed in Open Council this 9th day of August, 2016 M~ Mayor De.()~ ~ Clerk ~ 2 - 2016-173 .