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2013-011 Agreement with Oro Tastey SnacksTHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2013 -011 A By -law to Authorize the Execution of An Agreement Between The Corporation of the Township of Oro - Medonte and Oro Tastey Snacks for the Operation of the Concession Booth at the Oro - Medonte Community Arena and to Repeal By -law No. 2012 -169 WHEREAS the Municipal Act, 2001, S. 0. 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, from January 29, 2013 to April 6, 2013, with Oro Tastey Snacks for the operation of the concession booth at the Oro - Medonte Community Arena per Motion No. C130123 -18; 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 That By -law No. 2012 -169 is hereby repealed in its entirety. 3. This by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 6T" DAY OF FEBRUARY, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MFDONTF THIS AGREEMENT made th day of ` `b (3QSZj Z-5z:�-C'3 BETWEEN: THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE (hereinafter called the "Township ") OF THE FIRST PART -and- --------------------- - - - - -- -Paul Langdon and Lisa Devoe — Oro Tastey Snacks--------- - (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 January 29th, 2013 to April 6, 2013. The term of this agreement maybe amended by the Director 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 2012 -2013 Season a) $500.00 on or before the 20th day of February 20, 2013 b) $500.00 on or before the 20th day of March 20, 2013 HOURS OF OPERATION 3. The Licensee shall keep the Concession Booth open for business for the periods set out below or as amended and approved in writing by the Director of Recreation and Community Services: a) During the months of September to April inclusive, during this Agreement, between the following days and times: DAY FROM TO Saturday 8:00 am 9:00 pm Sunday 8:00 am 9:00 pm Statutory Holiday 8:00 am 9:00 pm Tournament Dates 8:00 am 9:00 pm Monday 4:00 pm 9:00 pm Tuesday 4:00 pm 9:00 pm Wednesday 4:00 pm 9:00 pm Thursday 4:00 pm 9:00 pm Friday 4:00 pm 9:00 pm E 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 Director 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 Director of Recreation and Community Services. c) The Township reserves the exclusive right to amend the hours of operation to accommodate tournaments and special events. OPERATION OF THE CONCESSION BOOTH 4. 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 or allow the sale of popcorn; k) not to sell any prohibited or restricted goods or any goods which would reasonably constitute a danger or hazard to patrons of the Arena; GENERAL COVENANTS OF THE LICENSEE 5. 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) 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, lightning 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 upon earlier termination of this Agreement (reasonable wear and tear and damage by fire, lightening or tempest only excepted). 3 ALTERATIONS AND REPAIRS 6. 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 7. A damage deposit of $500.00 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. INDEMNITY 8. The Licensee will indemnify and save harmless the Owner, its agents, officers, and directors against and from all actions, causes of action, interest, claims, demands, costs, damages, expenses or loss that the Owner may bear, suffer, incur, become liable for or be put to by reason any damages to property or injury or death to persons by reason of, arising out of or in consequence of breach, violation or non - performance by the Licensee of any provision of the Agreement, or by reason of or arising out of the use of the premises and equipment or in connection with the lease covered by this Contract, or by reason of, or arising out of any act, neglect or default by the licensee or of any of its agents or employees or any other person or persons, in, on, or about the premises. The rights to indemnify contained in this paragraph shall survive any termination of this Agreement, anything in the Agreement to the contrary notwithstanding. GENERAL PROVISIONS 9. The Licensee acknowledges that this Agreement is for the right to operate a Concession Booth and equipment only. 10. 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 and each party shall be released from further obligation hereunder. 11. Notwithstanding paragraph 9, the Licensee shall be relieved from any obligations pursuant to paragraph 1 and 2 of this Agreement in case of substantial damage. 12. 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. 13. 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 Five Million Dollars ($5,000,000.00). 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. 14. The Licensee agrees to obtain and pay for all necessary licenses and permits prior to commencing the operation of the Concession Booth. 15. The Licensee shall agree to fulfill all of its obligations in compliance with the Occupational Health and Safety Act, and further agrees to take responsibility for any health and safety violation that may occur. Furthermore, if the Corporation (or any of its agents, officers, directors, or employees) shall be made a party to any charge under the Occupational Health and Safety Act in relation to any violation of the said Act arising out of this agreement, the licensee shall indemnify and save harmless the Corporation from 4 any and all charges, fines, penalties, and costs that may be incurred or paid by the Corporation. 16. 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. 17. At all times, the employees of the licensee shall act in a civil, responsible, courteous and generally productive manner. The licensee shall ensure that all employees strive for excellence in Customer Service 18. Contracted Employees, third party employees, agents and others what provide customer service on behalf of the Township of Oro - Medonte are legally responsible with the provisions outlined in Ontario Regulation 429/07 with respect to training. The Contractor shall ensure that such training includes, without limitation, a review of the purposes of the Act and requirements of the regulation, as well as instruction regarding all matters set out in the regulation. By signing this agreement, the contractor has agreed to be in full compliance with this regulation. Additionally the licensee will review and acknowledge the Township Of Oro - Medonte policy for Accessible Customer Service. 19. The Director 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. 20. The Licensee and its employees shall promptly delivery all articles found in the Oro - Medonte Community Arena to the Director of Recreation and Community Services. 21. 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. 22. 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. 23. This Agreement shall terminate April 7th, 2013 unless amended by the Director of Recreation and Community Services. The Licensee shall remove all goods and equipment owned by them from the Concession Booth by the 30th day of April 2013, and shall leave the said Booth in a condition as set out in this agreement. 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. 24. 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 outlined in the terms of this Agreement and the remaining applicable provisions of this Agreement shall apply. 25. The Licensee shall be responsible for the installation and removal of any phone services required at the Licensee's expense. 5 26. 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. 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 Hughes- Oro Tastey Snacks ILangdon Lisa Devoe WITNESS the hand and seal of the Licensee of the Second Part. SIGNED, SEALED AND DELIVERED, This t3 day of, �f In the presence of; Witness s 201 ) 1