2008-086 Agreement Between the Township of Oro-Medonte and Bernadette Jean, Grovers Chip TruckTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2008-086
A By -Law To Authorize the Execution of an Agreement
Between The Township Of Oro-Medonte and
Bernadette Jean, Grovers Chip Truck,
for the Operation of a Refreshment Vehicle at
Bayview Memorial Park
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 May 7, 2008, for the remainder
of the 2008 year, at Bayview Memorial Park.
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 25TH DAY OF JUNE, 2008.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 25TH DAY OF JUNE,
2008.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
M or, H.S. Hughe
CI k, J. 666Ofa Irwin
Schedule "A" to
By-Law No. 2008-086
THIS AGREEMENT made the 25th day of June 2008.
BETWEEN:
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
(hereinafter called the "Township")
OF THE FIRST PART
-and-
----------------------------------Bernadette Jean-------------
(hereinaftercalled the "Licensee"
OF THE SECOND PART
WHEREAS the Township is the owner of the Bayview Memorial Park, in the Township of Oro-Medonte,
in the County of Simcoe.
AND WHEREAS the parties hereto have agreed that the Licensee will operate a refreshment vehicle
"Chip Truck" (hereinafter called the "Concession') in Bayview Memorial Park.
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 June 26, 2008 to September 29,2008. 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 Hundred Dollars and Fifty
($750) in the following manner by means of post-dated cheques:
June 26, 2008 - $200
August 1, 2008 - $300
September 1, 2008 - $250
HOURS OF OPERATION
2. The Licensee shall be permitted to operate the concession stand between the hours of
S:OOam and 9:OOpm
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 ;
f) 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 Bayview Memorial Park;
k) obtain a refreshment vehicle permit and adhere to conditions of By-Law #2003-
032 Refreshment Vehicles
ALTERATIONS AND REPAIRS
4. The Licensee shall not make any alterations or repairs without written authorization of
the Township and without having obtained all proper building permits therefore.
GENERAL PROVISIONS
5. The Licensee acknowledges that this Agreement is for the right to operate a Food
Concession at Bayview Memorial Park only.
6. 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 Food Concession 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 including vandalism, 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
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.
8. The Licensee agrees to obtain and pay for all necessary licenses and permits prior to
commencing the operation of the Food Concession.
9. 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 (ands 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.
10. The Township shall be responsible for all utilities used in connection with the operation
of the Food Concession.
11. 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.
12. The Township of Oro-Medonte will not be held responsible for any damages that may
occur from acts of vandalism, theft or any other damages that may occur as a result of
the food concession operation within Bayview Memorial Park.
13 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 Bayview Memorial Park, or by
posting the same in a conspicuous place upon the outside of the vehicle 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.
14. 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 Food Concession and
all supplies and equipment.
15. The township hereby undertakes and agrees not to grant any other organizations or
individual the right to operate a food concession selling similar lines of goods excepting:
a) Vending machines may be installed by the Township. Such costs /profits on the
machines will be assumed by the Township.
16. This Agreement shall terminate September 29, 2008 unless amended by the Manager of
Recreation and Community Services. The Licensee shall remove all goods and
equipment owned by them from Bayview Memorial Park by the 29"' day of September
2008. It is understood that if all such goods and equipment are not removed by such
time, that the Township reserves the right to remove the Food Concession and the
Licensee shall be responsible for all costs incurred.
17. 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
the Agreement and the remaining applicable provisions of this Agreement shall apply.
18. The Licensee shall be responsible for the installation and removal of any phone services
required at the Licensee's expense.
19. The Licensee is prohibited from selling items/articles other than food and beverages
without written consent from the Manager of Recreation and Community Services.
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
WITNESS the hand and seal of the Licensee of the Second Part.
SIGNED, SEALED AND DELIVERED,
This ,~~`~" day of, J(.} 2008
In the presence of;
~~
1~ - - ~.v ~
~.~~,~
-,~~ ~
Witness