2015-088 Agreement with Sweet Dreams Ice CreamThe Corporation of the Township of Oro-Medonte
By -Law No. 2015-088
A By -Law To Authorize the Execution of an Agreement
Between The Township Of Oro-Medonte and
Sweet Dreams Ice Cream Limited
for the Operation of a Refreshment Vehicle at
Bayview Memorial Park
from April 15 -September 30 for the 2015, 2016 and 2017 Seasons
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, per Motion No. C150408-19, for Sweet Dreams
Ice Cream Limited to operate a Refreshment Vehicle at Bayview Memorial Park from
April 15 -September 30 for the 2015, 2016 and 20176 seasons Bayview Memorial Park.
Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows:
1. That the Mayor and Clerk be authorized to execute the Agreement attached
hereto as Schedule "A" and forming part of this By -Law.
2. And That this by-law shall take effect on the final passing thereof.
By -Law Read a First, Second and Third time, and Passed this 13th day of May,
2015.
The Corporation of the Township of Oro-Medonte
S.ughes
las Irwin
THIS AGREEMENT made the day of May 2015.]
BETWEEN:
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
(hereinafter called the "Township")
OF THE FIRST PART
-and-
---------------------------------- Sweet Dreams Ice Cream Limited ---------------------------------------
(hereinafter called 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
"Fixed Ice Cream Cart" (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 Class "D" Fixed Ice Cream Cart as per the current Refreshment Vendor
By-law from April 15 — September 30 for the 2015, 2016, 2017 seasons with the first right of refusal for
option of renewal. The term of this agreement maybe amended by the Director, 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
Remuneration as follows (HST included):
Year 1 - $1,000.00
Year 2 - $1,200.00
Year 3 - $1,500.00
Years following 5% increase per annum
Reimbursement for Hydro at a fixed rate of $50 per month (April 15 — September 30)
HOURS OF OPERATION
2. The Licensee shall be permitted to operate the concession stand between the hours of
10:00am and 10:00pm or as negotiated with the Director, Recreation and Community
Services.
OPERATION OF THE CONCESSION BOOTH
3. The Licensee agrees to operate the Concession Booth in accordance with the
following provisions;
a) to provide sufficient employees to prevent undue delay in service to patrons;
b) to have employees wear suitable attire when on duty;
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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 the applicable refreshment stand license and adhere to the conditions of
By -Law #2015-063;
1) be responsible for all costs associated with electrical requirements, site
alterations or permits associated with its operation;
m) operate within the required 20'x 20' space required for the portable Concession
stand which is 8'x 10' in size;
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 concession
as defined in the Refreshment Stand By-law 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 Refreshment Concession, Class "D" 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.
7. 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.
8. The Licensee agrees to obtain and pay for all necessary licenses and permits prior to
commencing the operation of the Refreshment Concession, Class "D".
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 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.
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10. The Township shall be responsible for all utilities used in connection with the operation
of the concession.
11. The Director, 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 refreshment concession, class "D" 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 the 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 an 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. The Licensee shall remove all goods and equipment owned by them from Bayview
Memorial Park by the 30th day of October 2015. 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 Ice Cream Cart 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 frozen products and
beverages without written consent from the Director, Recreation and Community
Services.
TERMINATION UPON NOTICE WITHOUT CAUSE
The Township shall have the right to alter/terminate this Agreement, in whole or in part,
at its sole discretion without liability upon:
(a) completion the Term of the said agreement or;
(b) upon annual review or;
(c) by providing 90 days written notice to the concession
Sweet Dreams Ice Cream Inc. shall have the right to terminate this agreement by providing 60
days written notice to the Township.
TEMINATION UPON NOTICE WITH CAUSE
The Township may terminate this Agreement forthwith, without liability, and without
limiting any of its other rights or remedies, upon written notice to The Club if:
(a) Sweet Dreams Inc. is in breach of, or attempts to breach, any of its obligations under
this Agreement;
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(b) Sweet Dreams Inc. is unable to pay its debts when due, or is insolvent, is
ordered or adjudged to be bankrupt, is placed in the hands of a receiver, enters
into any scheme or composition with her creditors, is dissolved, liquidated or
wound up, or makes any assignment for the benefit of their creditors; or
(c) Either party is unable to carry out their obligations under this Agreement by
reason of a Force Majeure, meaning any bona fide delay or state of affairs
beyond the control of a party (other than as a result of financial incapacity) which
shall cause any party to be unable to fulfill or to be delayed or restricted in the
fulfillment of an obligation.
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
Mayor, Harry
Irwin
WITNESS the hand and seal of the Licensee of the Second Part.
SIGNED, SEALED AND DELIVERED,
This / day of, 4 y 2015
In the presence of;
Witness