2002-092 An agreement between Eric McKinnon and Township of Oro-Medonte for the operation of the concession Booth at the Oro-Medonte Community Arena
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2002-092
BEING A BY-LAW TO ENTER INTO AN AGREEMENT BETWEEN ERIC
MCKINNON AND THE TOWNSHIP OF ORO-MEDONTE FOR THE
OPERATION OF THE CONCESSION BOOTH AT THE ORO-MEDONTE
COMMUNITY ARENA.
WHEREAS the Township of Oro-Medonte desires to contract Mr. Eric McKinnon
to operate the Concession Booth at the Oro-Medonte Community Arena located
in the Township of Oro-Medonte, County of Simcoe.
NOW THEREFORE be it resolved that the Corporation of the Township of Oro-
Medonte enacts as follows:
1.
That the Mayor and Clerk be authorized to execute the agreement
between Eric McKinnon and the Corporation of the Township of Oro-
Medonte for premises described as the Oro-Medonte Community Arena
Concession Booth located in the Township of Oro-Medonte Community
Arena hereto attached as Schedule "A" and forming part of this By-law.
2.
That this By-law shall come into full force and effect on its final passing
thereof.
READ A FIRST AND SECOND TIME THIS 4TH DAY OF SEPTEMBER, 2002.
READ A THIRD AND FINALLY PASSED THIS 4th DAY OF SEPTEMBER,
2002.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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Ma~ J. Neil Craig ~
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THIS AGREEMENT made the day
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BETWEEN:
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
(hereinafter called the "Township")
OF THE FIRST PART
-and-
Eric McKinnon
(hereinafter called the "Licensee"
OF THE SECOND PART
e WHEREAS the Township is the owner of the Oro-Medonte Township 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 call the "Concession") in the Oro-Medonte Township Community Arena.
NOW THEREFORE in consideration of the promise expressed herein, the parties hereto agree
as follows:
TERM AND APPLICABLE LAWS
The Licensee shall operate the Concession from September 16, 2002 to April 16, 2003, and
from September 16, 2003 to April 16, 2004. The term of this agreement maybe amended by
the Recreation Co-ordinator.
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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 bid of Nine Thousand Dollars
($ 9,000) in the following manner by means of post-dated cheques:
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(a) 10% ( $ 900.00) on or before the date of this Agreement;
(b) 20% ($ 1,800.00) on or before the 1st day of November, 2002
(c) 20% ($ 1,800.00) on or before the 1st day of December, 2002
(d) 20% ($ 1,800.00) on or before the 1 st day of March, 2003
(e) 20% ($ 1,800.00) on or before the 1st day of November, 2003
(f) 10% ($ 900.00) on or before the 1st day of March, 2004
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HOURS OF OPERATION
2. The Licensee shall keep the Concession Booth open for business for the minimum time
periods set out below;
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( a) During the months of September to April inclusive, during this Agreement,
between the following times on the following days;
DAY FROM: TO:
Saturday 6:00 am 10:00 pm
Sunday 6:00 am 10:00 pm
Statutory Holidays 12:00 noon 08:00 pm
Monday 4:00 pm 10:00 pm
Tuesday 4:00 pm 10:00 pm
Wednesday 4:00 pm 10:00 pm
Thursday 4:00 pm 10:00 pm
Friday 4:00 pm 10:00 pm
(b) After a period of 30 days from the date the operation commences if the above
time and dates, in the opinion of the Licensee are not profitable, a request in
writing to the Recreation Co-ordinator to delete certain times would be
considered. A decision to delete or change times shall be at the discretion of the
Recreation Co-ordinator.
OPERATION OF THE CONCESSION BOOTH
3. The Licensee agrees to operate the Concession Booth in accordance with the
following provisions;
(a)
(b)
(c)
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(e)
(f)
(g)
to provide an adequate number of competent employees to prevent undue
delay in service to patrons;
to have employees wear suitable attire when on duty;
to maintain maximum standards of cleanliness and hygiene for the
premises and employees;
to comply with any directions of and to permit inspections by the Simcoe
County District Health Unit and any other Health regulatory agencies;
to provide courteous, honest and timely service to patrons of the
Concession Booth;
to provide goods and services of good quality and at fair market value;
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 bottled refreshments;
(i) not to sell any alcoholic beverages;
U) not to sell any prohibited or restricted goods or any goods which would
reasonably constitute a danger or hazard to patrons of the Arena;
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(k)
to sell "Pepsi" products in accordance with an existing agreement.
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GENERAL COVENANTS OF THE LICENSEE
414.
The Licensee, having inspected the Concession Booth and satisfied themselves
as to 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 need by
- (reasonable wear and tear and damaged by fire, lightning or tempest
only excepted).
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(d) surrender and yield up to the Township, the said Township Concession
Booth and equipment in good and substantial repair an condition, at
the expiration or earlier termination of this Agreement - (reasonable
wear and tear and damage by fire, lightning 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 or operations of the Licensee.
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GENERAL PROVISIONS
7. 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, lightning 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 payable by the Licensee to the Township
which would be attributable to that ~ortion of the year from the date of such
termination to and including the 16t day of April, 2004 and each party shall be
released from further obligation hereunder.
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-9.
10.
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12.
13.
14.
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(b) Notwithstanding paragraph 9 (a), the Licensee shall be relieved from any
obligations pursuant to paragraph 2 and 3 of this Agreement in case of
substantial damage.
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 lor 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.
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 to 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.
The Licensee agrees to obtain and pay for all necessary licenses and permits
prior to commencing the operation of the Concession Booth.
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.
The Township shall be responsible for all utilities used in connection with the
operation of the Concession Booth.
The Licensee may, until notified otherwise by the Township, sell first aid supplies
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 Recreation Co-ordinator 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 this Agreement.
16. The Licensee and its employees shall promptly deliver all articles found in the
Oro-Medonte Township Community Arena to the Recreational Facilities
Manager.
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 Ora Township
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.
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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:
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(a)
A function not related to "on ice" (arena floor) activities:
(b) A function in any other part of the Oro-Medonte Township 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;
20.
(c) Vending machines may be installed by the Township. Such costs /
profits on the machines will be assumed by the Township
This Agreement shall terminate April 16th, 2004, unless amended by the
Recreation Co-ordinator. The Licensee shall remove all goods and equipment
owned by them from the Concession Booth by the 16th day of April 2004 and
shall leave the said Booth in a condition as set out in paragraph 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.
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21. If, in 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 18 of this 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.
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WITNESS the Corporate Seal of the Corporation of the Township of Oro-
Medonte duly attested under the hands of its proper signing officers authorized in
that behalf.
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THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
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Mayor. J eil Craig
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Clerk, Marilyn ennycook
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WITNESS the hand and seal of the Licensee of the Second Part.
SIGNED, SEALED AND DELIVERED, L
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This day of, r ~20rfJ- )
In the presence of; )
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