1996-096 Agreement between Oro Minor Hockey Auxiliary and Township of Oro-Medonte for the operation of the Concession Booth at the Oro-Medonte Township Community Sports Complex
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A
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTB
BY-LAW NO. 96- 96
Being a By-Law to Enter Into a Agreement Between Oro Minor Hockey
Auxiliary for the operation of the concession Booth at the Oro-
Medonte Township community Sports Complex.
WHEREAS the Oro Minor Hockey Auxiliary desires to operate the
Concession Booth at the Oro-Medonte Township Community Sports
Complex located Concession 5, Part West 1/2 Lot 20;
NOW THEREFORE be it resolved that The corporation of the Township
of Oro-Medonte enacts as follows:
1. That the agreement between Oro Minor Hockey Auxiliary and The
corporation of the Township of Oro-Medonte for premises
described as the Oro-Medonte Township Community Sports complex
located on Concession 5, Part West 1/2 Lot 20, Township of
Oro-Medonte, be accepted, effective September 23, 1996.
2. That the Mayor and Clerk be authorized to execute said
Agreement, attached hereto as Schedule "A" and forming part of
this By-Law.
3. That this By-law shall come into full force and effect on its
final passing thereof.
READ a first and second time this 18th day of September, 1996.
READ a third time and finally passed this 18th day of September,
1996.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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THIS AGREEMENT made the
day of
199t? .
BET WEE N
.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
(hereinafter called tIre "Township")
OF THE FIRST PART
-and-
ORO MINOR HOCKEY AUXILIARY
(hereinafter called the "Licensee")
OF THE SECOND PART
WHEREAS the Township is the owner of the Oro-Medonte Township
Community Sports Complex, 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 Township community Sports Complex.
NOW THEREFORE in consideration of the promises expressed herein, the
parties hereto agree as follows:
TERM AND APPLICABLE LAWS
The Licensee shall operate the Concession from the 16th day of
September, 1996 to and including the 16th day of April, 1997 or longer
at the request of the Director, Recreation & Community Economic
Development, depending on ice rentals.
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 to the Township the amount bid
($ 3.800.00 ) in the following manner by means of post-dated
cheques:
(a) 10% ($380) on or before the date of this Agreement;
(b) 20% ($760) on or before the 1st day of November, 1996;
1ft (c) 20% ($760) on or before the 1st day of December, 1996;
(d) 20% ($760) on or before the 1st day of January, 1997;
(e) 20% ($760) on or before the 1st day of February, 1997;
(f) 10% ($380) on or before the 1st day of March, 1997.
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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;
(a) During the months of September to April inclusive, during
this Agreement, between the following times on the following
days:
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Day From: To:
Saturday 7:00 a.m. 10:00 p.m.
sunday 7:00 a.m. 10:00 p.m.
Statutory Holidays 12:00 noon 8:00 p.m.
Monday. 4:00 p.m. 10:00 p.m.
'"
Tuesday 4:00 p.m. 10:00 p.m.
Wednesday 4:00 p.m. 10:00 p.m.
Thursday 4:00 p.m. 10:00 p.m.
Friday 4:00 p.m. 10:00 p.m.
(b) If the above times and days after a period of 30 days in the
opinion of the Licensee are not profitable, a request in
writing to the Recreational Facilities Foreman to delete
certain times would be considered. A decision to delete or
change times is at the sole discretion of the Recreational
Facilities Foreman.
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)
(f)
(g)
~
(h)
(i)
(j)
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;
not to sell or allow the sale of any bottled refreshments;
not to sell any alcoholic beverages;
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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GENERAL COVENANTS OF THE LICENSEE
4. The Licensee, having inspected the Concession Booth and satisfied
themselves as to any equipment located therein, as per Schedule
"A" hereto attached, agrees to:
,.
(a) 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 any of them or any part of
them which has been lost, damaged or destroyed;
(b) well and sufficiently repair and maintain the building
occupied under this Agreement, when, where and as often
as need be - (reasonable wear and tear and damage by
fire, lightning or tempest only excepted).
(c) surrender and yield up to the Township the said
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, 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 therefor.
DEPOSIT
6. The Licensee agrees to deposit the sum of $250.00 with the
Township as a deposit to be refunded upon termination of this
Agreement, subject to any deduction for repairs to the building
or equipment necessitated by the actions or operations of the
Licensee.
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 portion of the year from
the date of such termination to and including the 30th day
of April, 1996 and each party shall be released from further
obligation hereunder.
It
(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.
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 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,
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against any damage, penalty, fire claim, judgement, 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.
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 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.
16.
17.
18.
19.
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The Parks and Recreation Manager and the Recreational Facilities
Foreman 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.
The Licensee and its employees shall promptly deliver all
articles found in the Oro-Medonte Township Community Sports
Complex to the Recreational Facilities Foreman.
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 Township Community
Sports Complex, 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 effective two (2) days following said mailing.
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.
The Township hereby undertakes and agrees not to grant any other
organization 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
Township Community Sports Complex, in conjunction with
an "on ice" activity will require the consent of the
Licensee. Where consent is not forthcoming, the
.20.
It
21.
22.
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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.
This Agreement shall terminate April 16, 1997. The Licensee shall
remove all goods and equipment owned by them from the Concession
Booth by the 16th day of April, 19~7 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. The Township may at its sole discretion, upon
the written application of the Licensee, grant an extension
beyond~the date of April 16, 1997.
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.
The Licensee shall be responsible for the installation and
removal of any phone services required at the Licensee's expense.
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
WITNESS the hand and seal of the Licensee of the Second Part.
this
SIGNED, SEALED AND DELIVERED,
day of
in the presence of
, 1996
J.-lJ,/nh
Witness
1)1 A t J~ 91/\)
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SCHEDULE "A"
TO CONCESSION BOOTH TENDER
ORO-MEDONTE TOWNSHIP COMMUNITY SPORTS COMPLEX
1 Bunn Pour omatic Coffee Machine
1 5-nozzle Coke carbonated pop dispenser
1 Moffat Grill
1 Jubilee Hot Chocolate Machine
1 Star Hot Dog Rotisserie
1 Moffat Deep Fryer - 2 baskets, 1 scoop
1 Sanyo Microwave Oven
1 General Freezer
1 Admiral Fridge
1 Double sink