1998-077 To Enter into an Agreement between the Corporation of the Township of Oro-Medonte and Mr. Don Campbell for the operation of the Concession Booth in Memorial Park
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 98-77
.
Being a By-law to Enter Into an Agreement Between The Corporation of the Township of
Oro-Medonte and Mr. Don Campbell for the operation of the Concession Booth in
Memorial Park
WHEREAS it is deemed expedient to enter into an Agreement between the Township ofOro-
Medonte and Mr, Don Campbell in the matter of the operation of the Concession Booth in Oro-
Medonte Memorial Park;
NOW THEREFORE the Council of The Corporation of the Township ofOro-Medonte hereby
enacts as follows:
I, That Mayor and the Clerk be authorized to execute the Agreement, attached hereto as
Schedule "A" which forms part ofthis By-law;
2, That the said Agreement take effect June 27, 1998 and remain in force to and including
September 7,1998.
3, That this By-law shall come into full force and effect on its final passing thereof
By-law read a first and seeond time this 29th day of July, 1998.
By-law read a third time and finally passed this 29th day of July, 1998.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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Mayor, Ian Beard
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Clerk, Lynda Aiken
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CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
TENDER NO. PARKS 98-51 FOR CONCESSION BOOTH OPERATION
Oro-Medonte Memorial Park
Council of the Corporation
of the Township of Oro-Medonte
P.O. Box 100
Oro, ON
LOL 2XO
Attention:
Lynda Aiken, Clerk
The undersigned have examined the specifications, conditions and
Agreement (attached hereto) pertaining to the operation of the
Oro-Medonte Memorial Park Concession Booth, have visited the
Booth site and are fully informed as to the nature of the work
and the conditions relating to the operation of the Booth.
The undersigned hereby agrees that failure to abide by all
conditions relating to the operation of the Booth and all
provisions in the Agreement attached hereto may result in the
forfeiture of all rights pursuant to the Agreement.
The undersigned hereby offer to operate the Oro-Medonte Memorial
Park Concession Booth as a community service on behalf of the
Township of Oro-Medonte in the amount of $50.00 rental; $300
damage deposit, and shall agree to pay the Township the amount
bid in the following manner by means of postdated cheques as
follows:
. 100 per cent of the rent due July 20, 1998;
. Damage Deposit $300 due July 17, 1998, refundable if terms of
the agreement are met.
The undersigned agrees to be bound by the Agreement attached
hereto, if this Agreement is accepted, and agrees to sign the
Agreement within ten (10) days of acceptance of the Agreement.
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THIS AGREEMENT made the
, 1998.
day of
BET WEE N
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
(hereinafter called the "Township")
OF THE FIRST PART
-and-
(hereinafter called the "Licensee")
OF THE SECOND PART
WHEREAS the Township is the owner of Oro-Medonte Memorial Park in
the Township of Oro-Medonte, in the County of Simcoe;
AND WHEREAS the Township is desirous of providing for the patrons
of the Oro-Medonte Memorial Park a Booth where the said patrons
may purchase refreshments and sundries;
AND WHEREAS the Licensee has submitted a Agreement to the Township
for the operation of the Concession Booth in Oro-Medonte Memorial
Park;
AND WHEREAS the Township has accepted the Agreement of the
Licensee;
NOW THEREFORE This Indenture Witnesseth that in consideration of
the terms and conditions hereinafter set forth, the Township does
grant unto the Licensee for the purpose set forth, the right to
enter the existing building used for a Concession Booth in the
Oro-Medonte Memorial Park and to use the equipment therein for the
operation of a Concession Booth.
1. The Licensee shall operate the Concession from June 27, 1998
to Sept 6, 1998 weekends only, including Labour Day, Sept. 7,
1998 from 11:00 a.m. to 6:00 p.m.
2. The Licensee shall comply with all Laws, Statutes, By-laws
and Regulations applicable to him as well as those terms and
conditions set out herein.
3(a) .The Licensee shall pay to the Township amounts in the
following manner by means of postdated cheques:
Rent $50 - 100% due July 20, 1998
Damage Deposit $300 due July 17, 1998; refunded if
terms of agreement are met.
Memorial Park Concession Booth Agreement 2
5. The Licensee shall staff the Concession Booth with an
adequate number of competent persons of an employable age so
as to prevent any undue delay to patrons of the Park.
6. All employees of the Licensee shall wear suitable restaurant
attire when on duty at the Concession Booth.
7.
The highest standards of cleanliness and hygiene shall be
maintained by the Licensee and all employees of the
Concession at all times including the floors being washed at
least once a day with a suitable disinfectant cleaner. It is
understood that the Concession Booth shall be subject to the
inspection and standards of the Simcoe County Department of
Health. All directions provided to the Licensee (from
S.C.D.H.U.) require compliance.
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8. The Licensee and all employees of the Licensee shall make
every effort to maintain the goodwill of patrons of the
Concession Booth and of Oro-Medonte Memorial Park.
9. A listing of articles, goods and merchandise proposed for
sale and their related over-the-counter prices must be
approved by the Director of Recreation & Community Economic
Development.
10. The Licensee agrees, at the request of the Township, to
forthwith terminate the employment, within the Park, of any
employees whom the Township considers detrimental to the best
interests of the Park or the public using the Park.
11. In the performance of this Agreement, the Licensee shall be
an independent contractor and shall not be a servant or agent
of the Township, and the personnel of the Licensee shall be
their servants and not those of the Township.
12.
No alcoholic beverage or any beverage
narcotic drug or similar substance,
offered for sale, sold, given or
Concession Booth.
known as "near beer",
shall be dispensed,
consumed within the
13.
The Licensee, having inspected the building to be
the Concession Booth and all equipment therein,
Schedule "A" hereto attached, agrees to:
used for
as per
(a) Maintain such equipment and fixtures in good condition
at his own expense 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 any of them or
any part of them which has been lost, damaged, or
destroyed.
(b)
Well and
occupied
often as
by fire,
sufficiently repair and maintain the building
under this Agreement, when, where, and as
need be; reasonable wear and tear and damage
lightning or tempest only excepted.
(c) Surrender and yield up to the Township the said
building 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, lightning or tempest only excepted.
.
06/30/98
Memorial Park Concession Booth Agreement
3
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14. The Township will:
provide supplies necessary to paint the concession
booth. The Operators will do the painting.
provide new linoleum floor. The Operators will
install the floor.
ensure equipment listed in Schedule A is in
operating order.
provide doors with locks to all entrances to the
concession Booth (2 doors).
provide a clause in the agreement which offers
first right of refusal to operate the Concession
Booth for the next two (2) years (1998, 1999)
at a pre-determined rate to 1997 Operator,
provided they have met the requirements of the
agreement.
15. The Licensee shall obtain the written authorization of the
Township prior to making any alterations or repairs
whatsoever to the building to be used as the Concession Booth
or the equipment therein belonging to the Township.
16. The Licensee shall not cut down or destroy any trees or
timber in the Park, without the consent, in writing, of the
Township.
17. The Licensee shall deposit the sum of Three Hundred Dollars
($300.00) with the Township to ensure that the building and
equipment are left in a condition satisfactory to the
Township, said deposit to be refunded to the Licensee after
inspection of the building and equipment upon termination of
this Agreement. The Licencee will be responsible for a pre
and post season clean-up of the kitchen facilities to the
satisfaction of the Director of Recreation and Community
Economic Development.
18.
The Licensee acknowledges that
right to operate the Concession
inspected prior to submission of
this Agreement is for the
Booth and equipment only as
the Licensee's Agreement.
19. The Township shall provide adequate fire insurance for the
building used as a Concession Booth and such of the equipment
therein as is owned by the Township.
20. No inflammable or explosive materials such as oil, grease,
gasoline, kerosene, paraffin, naphtha, dynamite, or blasting
powder or blasting caps, shall be stored or handled in the
building, expect to the extent and quantity permitted under
the policy of fire insurance as provided in paragraph 19
hereof.
.
21. 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 the 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, fine claim, judgement, costs, expense, or
charge offered, 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.
22. The Licensee shall provide the Township with 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 name the
municipali ty as an additional insured thereunder and shall
protect the municipality against all claims for all damage or
injury including death to any person or persons and for
damage to any property of the municipality or any other
public or previewed property.
06/30/98
Memorial Park Concession Booth Agreement
4
23.
The Licensee agrees to obtain and pay
licenses and permits prior to commencing
Concession Booth.
for all necessary
the operation of the
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24. It is understood and agreed between the Parties hereto that
whenever any special events are planned for at the Oro-
Medonte Memorial Park at the discretion of the Township,
other persons shall be allowed to erect and operate temporary
refreshment stands or concession booths in the Park. In this
paragraph, the meaning of the phrase "special events"
includes such events as Canada Day and any other special
event.
It is further understood and agreed between the Parties
hereto that the Township may, at its sole discretion, grant
permission to charitable organizations to conduct a limited
number of the sales within the Park during the tenure of this
Agreement and that the meaning of the phrases "charitable
organizations" and "bake sale" shall be at the sole
discretion of the Township.
25. The Agreement between the Parties being a personal Agreement,
this Agreement shall not be assigned or sub-contracted and 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.
26. The Licensee may, until notified otherwise by the Township,
sell first aid supplies and small groceries 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.
27. Storage of merchandise in public access ways must comply with
fire regulations.
28. The use of electrical extension cords will be permitted
within the building providing that they are deemed necessary
and approved by the Fire Chief for the Township of Oro-
Medonte. The use of electrical adapters or the like are
strictly prohibited.
29. The use of coin-operated games, juke boxes or similar music
dispensers is not allowed.
30. Any 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.
31. The Licensee shall maintain the grounds surrounding the said
building for a distance of fifty feet (50') in good condition
and in a state of cleanliness at all times during the term of
this Agreement.
32. The Licensee and his employees shall promptly deliver all
articles found in the Park to the Facilities Manager.
.
33. All notices and orders given to the Licensee may be served by
mailing the same to the Licensee at the address hereinbefore
set out or by delivering a copy to the Licensee personally or
by leaving it at this place of business in the Park, 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 be served by mailing, the service is deemed
effected two (2) days following said mailing.
06/30/98
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Memorial Park Concession Booth Agreement
5
34. Any breach or violation of the terms and conditions herein
set forth by the Licensee shall entitle the Township to
terminate this Agreement on giving to the Licensee one (1)
clear week written notice. At the date specified for
termination of this Agreement, the Licensee shall remove from
the Concession Booth all of his supplies and equipment.
35. The Township hereby undertakes and agrees not to grant any
other concession to operate within the Park in a similar line
of goods and merchandise without first obtaining the consent
of the Licensee. This paragraph does not apply to paragraph
24 hereto set forth in this Agreement.
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.
THE CORPORATION OF THE TOWNSHIP OF ORO-
MEDONTE
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Mayor,
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Clerk, (Lynda
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Aiken
WITNESS the hand and seal of the Licensee of the Second Part.
SIGNED, SEALED AND DELIVERED,
this 2
day of
, 1998
in the presence of
06/30198