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2007-065 Authorize the Execution of An Agreement Between The Township of Oro-Medonte and Art Dubeau Of Two Ducks For the Operations Of the Concession Booth At the Oro-Medonte Community ArenaTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2007-065 Being A By-Law To Authorize The Execution Of An Agreement Between The Township Of Oro-Medonte And Art Dubeau Of Two Ducks For The Operations Of The Concession Booth At The Oro-Medonte Community Arena WHEREAS the Municipal Act, 2001,S.O. 2001, c.25, Section 224, as amended, states that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council; AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte deems it desirable to enter into an agreement, effective September 8, 2007, fora 3 year period, with Art Dubeau of Two Ducks for the operation of the concession booth at the Oro-Medonte Community Arena NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: THAT the Mayor and Clerk be authorized to execute the Agreement attached hereto as Schedule "A" and forming part of this By-Law. 2. THAT this by-law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 18T" DAY OF JULY, 2007. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 18T" DAY OF JULY, 2007. THE CORPORATION, OF THE TOWNSHIP OF ORO-MEDONTE J. [?oytgt,~s Irwin Schedule "A" to By-Law No. 2007-065 THIS AGREEMENT made the 3`d day of July 2007. BETWEEN: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE (hereinafter called the `Township") OF THE FIRST PART -and- -Art Dubeau of Two Ducks------ (hereinafter called the "Licensee" OF THE SECOND PART WHEREAS the Township is the owner of the Oro-Medonte Community Arena, in the Township of Oro- Medonte, in the County of Simcoe. AND WHEREAS the parties hereto have agreed that the Licensee will operate the Concession Booth (hereinafter called the "Concession') in the Oro-Medonte Community Arena. NOW THEREFORE in consideration of the promise expressed herein, the parties hereto agree as follows: TERMS AND APPLICABLE LAWS The Licensee shall operate the Concession from September 8, 2007 to April 13, 2008, September 13, 2008 to April 12, 2009 and from September 12, 2009 to April 11, 2010. The term of this agreement maybe amended by the Manager of Recreation and Community Services. The Licensee shall comply with all applicable Federal, Provincial and Municipal laws and regulations in the operation of the Concession. PAYMENTS 1. The Licensee shall pay the Township the amount of Seven Thousand Two Hundred and FiftyDollars ($7250) in the following manner by means of post-dated cheques: 2007-2008 2008-2009 a) $450.00 on or before the 30'h day of September, 2007 b) $450.00 on or before the 30`h day of November, 2007 c) $450.00 on or before the 30th day of December, 2007 d) $450.00 on or before the 30"' day of February, 2008 e) $450.00 on or before the 30`h day of March, 2008 f) $450.00 on or before the 30`h day of September, 2008 g) $450.00 on or before the 30"' day of November, 2008 h) $450.00 on or before the 30`h day of December, 2008 i) $450.00 on or before the 30"' day of February, 2009 j) $450.00 on or before the 30"' day of March, 2009 2009-2010 k) $550.00 on or before the 30t" day of September, 2009 I) $550.00 on or before the 30th day of November, 2009 m) $550.00 on or before the 30th day of December, 2009 n) $550.00 on or before the 30th day of February, 2010 o) $550.00 on or before the 30th day of March, 2010 HOURS OF OPERATION The Licensee shall keep the Concession Booth open for business for the minimum time periods set out below: a) During the months of September to April inclusive, during this Agreement, between the following days and times: DAY FROM TO Saturday 6:00 am 12:00 midnight Sunday 6:00 am 12:00 midnight Statutory Holiday 6:00 am 12:00 midnight Monday 6:00 am 12:00 midnight Tuesday 6:00 am 12:00 midnight Wednesday 6:00 am 12:00 midnight Thursday 6:00 am 12:00 midnight Friday 6:00 am 12:00 midnight b) After a period of 30 days from the date the operation commences, if the above times and dates in the opinion of the Licensee are not profitable, a request in writing to the Manager of Recreation and Community Services to delete certain times would be considered. A decision to delete or change times shall be at the discretion of the Manager of Recreation and Community Services. OPERATION OF THE CONCESSION BOOTH 3. The Licensee agrees to operate the Concession Booth in accordance with the following provisions; a) to provide an adequate number of competent employees to prevent undue delay in service to patrons; b) to have employees wear suitable attire when on duty; c) to maintain maximum standards of cleanliness and hygiene for the premises and employees; d) to comply with any directions of and to permit inspections by the Simcoe County District Health Unit and any other Health regulatory agencies; e) to provide courteous, honest and timely service to patrons of the Concession Booth; a) to provide goods and services of good quality and at fair market value; g) to terminate the employment of any employee for good cause, always in compliance with the Employment Standards Act and applicable laws, upon written request by the Corporation of the Township of Oro-Medonte; h) not to sell or allow the sale of any glass bottled refreshments not to sell or allow to the sale of any alcoholic beverages; j) not to sell any prohibited or restricted goods or any goods which would reasonably constitute a danger or hazard to patrons of the Arena; k) to sell "Pepsi" products in accordance with an existing agreement. GENERAL COVENANTS OF THE LICENSEE 4. The Licensee, having inspected the Concession Booth and satisfied themselves regarding any equipment located therein, agrees to; a) use and maintain such equipment and fixtures in good condition at their own expense including repairs where necessary, and upon the termination of this Agreement, the Licensee shall deliver such equipment and fixtures to the Township in good and substantial repair and condition, and shall replace in whole or in part of them which has been lost, damaged or destroyed; or b) to supply and maintain all necessary concession booth equipment c) well and sufficiently repair and maintain the portion of building occupied under this Agreement, when, where and as often as needed (reasonable wear and tear and damaged by fire, lightening or tempest only excepted); d) surrender and yield up to the Township, the said Township Concession Booth and equipment in good and substantial repair and condition, at the expiration or earlier termination of this Agreement (reasonable wear and tear and damage by fire, lightening or tempest only excepted). ALTERATIONS AND REPAIRS 5. The Licensee shall not make any alterations or repairs without written authorization of the Township and without having obtained all proper building permits therefore. DAMAGE DEPOSIT 6. The damage deposit of $350.00 shall remain with the Township for the duration of this Agreement as the deposit for the Agreement and will be refunded upon termination of the Agreement, subject to any deduction for repairs to the building or equipment necessitated by the actions of operations of the Licensee. GENERAL PROVISIONS The Licensee acknowledges that this Agreement is for the right to operate a Concession Booth and equipment only. 8. a) The Township may, in the case of damage by fire, lightening or tempest, which makes repair of such damage within thirty (30) days impossible (substantial damage) terminate this Agreement and the Township shall refund to the Licensee that portion of the sum paid by the Licensee to the Township which would be attributable to that portion of the year from the date of such termination to and including the 13"' day of April, 2008 / the 12'h day of April, 2009/ the 11'h day of April 2010 and each party shall be released from further obligation hereunder. b) Notwithstanding paragraph 9, the Licensee shall be relieved from any obligations pursuant to paragraph 2 and 3 of this Agreement in case of substantial damage. 9. The Township shall be under no liability whatsoever to any person, firm or Corporation for any damages or injury, including death, to any person or persons caused by or resulting from the operation of the Concession Booth by the Licensee, his servants or agents, and Licensee shall, from time to time, and at all times hereafter, protect, indemnify and forever save and keep harmless the Township, and / or its officers, agents and servants, against any damage, penalty, fire claim, judgment, costs, expense or charge suffered, imposed, assessed or incurred for any violation or breach of any law occasioned by any act, neglect or omission of the Licensee or his servants or agents. 10. Prior to execution of this Agreement by the Township, the Licensee shall provide proof of liability insurance covering personal liability and property damage in a minimum amount of Two Million Dollars ($2,000,000.00). The said insurance must be with an insurer satisfactory to the Township, and the policy shall show loss payable to the Corporation of the Township of Oro-Medonte and Licensee jointly. 11. The Licensee agrees to obtain and pay for all necessary licenses and permits prior to commencing the operation of the Concession Booth. 4 12. The Agreement between the parties being a personal agreement, this Agreement shall not be assigned or subcontracted. In the event of the death or bankruptcy of the Licensee prior to the expiration of the term of this Agreement, this Agreement shall become null and void and all lands and premises shall be delivered up to the Township and any amount paid or payable by the Licensee shall be apportioned to the date of death or bankruptcy. 13. The Township shall be responsible for all utilities used in connection with the operation of the Concession Booth. 14. The Licensee may, until notified otherwise by the Township, sell first aid supplied from the Concession Booth. Whether such items may continue to be sold by the Licensee from the Concession Booth is at the sole discretion of the Township. 15. The Manager of Recreation and Community Services and any other authorized agent or servant of the Township shall have the right at any reasonable time to enter and inspect the lands and premises occupied under the Agreement. 16. The Licensee and its employees shall promptly delivery all articles found in the Oro- Medonte Township Community Arena to the Manager of Recreation and Community Services. 17 All notices and orders given to the Licensee may be served by mailing the same to the Licensee at the address hereinafter set out, or by delivering a copy to the Licensee personally or by leaving it at his place of business in the Oro-Medonte Community Arena, or by posting the same in a conspicuous place upon the outside of the building occupied by the Licensee under this Agreement. If such notice were served by mailing, the service is deemed effective two (2) days following said mailing. 18 Any breach or violation of the terms and conditions herein set forth by the Licensee shall entitle the Township to Terminate this Agreement forthwith without notice. Upon termination of this Agreement, the Licensee shall remove from the Concession Booth all of his supplies and equipment. 19. The township hereby undertakes and agrees not to grant any other organizations or individual the right to operate a concession selling similar lines of goods excepting: a) A function not related to "on ice" (arena floor) activities; b) A function in any other part of the Oro-Medonte Community Arena, in conjunction with an "on ice" activity will require the consent of the Licensee. Where consent is not forthcoming, the Township reserves the right to a final decision in which the Licensee and other parties involved will be duly notified; c) Vending machines may be installed by the Township. Such costs /profits on the machines will be assumed by the Township. 20. This Agreement shall terminate April 13"', 2008, April 12'h, 2009 and April 11'h, 2010 unless amended by the Manager of Recreation and Community Services. The Licensee shall remove all goods and equipment owned by them from the Concession Booth by the 13"' day of April 2008, the 12`h day of April 2009 and the 11`h day of April 2010 and shall leave the said Booth in a condition as set out in paragraph 4(d) and 18 hereof. It is understood that if all such goods and equipment are not removed by such time, that the Licensee shall pay a storage charge, determined by the Township, of the goods and equipment not removed and shall be liable for all expenses incurred in the later removal of them. 21. If, at the absolute discretion of the Township, the Licensee is not operating the Concession Booth in the best interests of the public or complying with the Laws, Statutes, By-Laws, or Regulations applicable to them, or with the provisions of this Agreement, the Township may terminate this Agreement without notice as specified in paragraph 4(d) and 18 of the Agreement and the remaining applicable provisions of this Agreement shall apply. 22. The Licensee shall be responsible for the installation and removal of any phone services required at the Licensee's expense. 5 WITNESS the Corporate Seal of the Corporation of the Township of Oro-Medonte duly attested under the hands of the proper signing officers authorized in that behalf. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, Harry WITNESS the hand and seal of the Licensee of the Second Part. SIGNED, SEALED AND DELIVERED, This ~' C~`~~' day of, ~=v/tc~~ }' 2007 Witness