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1997-049 To Enter into an Agreement between Raymond Lalonde and Cathy Rice and the Township of Oro-Medonte for the Operation of the Concession Booth at the Oro-Medonte Memorial Park THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 97- 49 . BEING A BY-LAW TO ENTER INTO AN AGREEMENT BETWEEN RAYMOND LALONDE AND CATHY RICE AND THE TOWNSHIP OF ORO-MEDONTE FOR THE OPERATION OF THE CONCESSION BOOTH AT THE ORO-MEDONTE MEMORIAL PARK WHEREAS Raymond Lalonde and Cathy Rice desires to operate the Concession Booth at the Oro-Medonte Memorial Park located in Plan 1291, Block A, Township ofOra-Medonte (formerly Ora); NOW THEREFORE be it resolved that The Corporation of the Township of Ora-Medonte enacts as follows: 1. That the agreement between Raymond Lalonde and Cathy Rice and The Corporation of the Township of Oro- Medonte for premises described as the Oro-Medonte Memorial Park Concession Booth located in Plan 1291, Block A, Township ofOro-Medonte (formerly Ora), be accepted. 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 4 tll)A Y OF June ,1997. READ A THIRD TIME AND FINALLY PASSED THIS 4th DAY OF June ,1997. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE . CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE AGREEMENT NO. PR 97-01 FOR CONCESSION BOOTH OPERATION Oro-Medonte Memorial Park . Council of the Corporation of the Township of Oro-Medonte P.O. Box 100 Oro, Ontario LOL 2XO Attention: L. 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 conditions relating to the operation of the provisions in the Agreement attached hereto may forfeiture of all rights pursuant to the Agreement. abide by Booth and resul t in all all the The undersigned hereby offer to operate the Oro-Medonte Memorial Concession Booth on behalf of the Township of Oro-Medonte in the amount of $ 300.00 rental; $400 hydro, flat rate; $300 damage deposit, and shall agree to pay the Township the amount bid in the following manner by means of postdated cheques as follows: 50% of rent due July 1, 1997 and August 1, 1997 Hydro $400 flat rate due August 1, 1997 Damage Deposit $300 due May 17, 1997, refundable if terms of the agreement are met. The undersigned hereby agrees to contribute a total amount of Four Hundred Dollars ($400.00) for hydro consumption to operate the Oro-Medonte Memorial Concession Booth on behalf of the Township and further agrees to pay the Township the total amount by means of one postdated cheque. 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. Name (print) Address: . Telephone No.: 05/12/97 . . THIS AGREEMENT made the day of , 1997. 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 May 27, 1997 to June 22, 1997 weekends only, including Victoria Day, May 19, 1997 from 11:00 a.m. to 7:00 p.m.; June 24, 1997 to September 1, 1997 Tuesday through Sunday, 11:00 a.m. until 7:00 p.m. (closed Mondays except August 4, 1997 and September 1, 1997. 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 $300 - 50% due July 1, 1997 and August 1, 1997 Hydro $400 flat rate due August 1, 1997 Damage Deposit $300 due May 17, 1997; 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. It 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. 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 used for the Concession Booth and all equipment therein, as per Schedule "A" hereto attached, agrees to: (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. 05/12/97 Memorial Park Concession Booth Agreement 3 .. 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 this Agreement is for the right to operate the Concession Booth and equipment only as inspected prior to submission of the Licensee's Agre~ment. 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. 05/12/97 Memorial Park Concession Booth Agreement 4 23. The Licensee agrees to obtain and pay for all necessary licenses and permits prior to commencing the operation of the Concession Booth. . 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 "chari table 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. 05/12/97 . . 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 WITNESS the hand and seal of the Licensee of the Second Part. SIGNED, SEALED AND DELIVERED, this , 1997 day of in the presence of 05/12/97 SCHEDULE "A" LIST OF EQUIPMENT . 1 1 1 1 1 1 1 1 2 1 1 5 1 ORO MEMORIAL PARK CONCESSION BOOTH Universal Cooler Ember Open Hearth Broiler Westinghouse Self Cleaning Oven Roll-A-Grill Robinson Cone Holder Admiral Fridge Woods Freezer Candy and Bar Holder Dry Chemical Fire Extinguisher Automatic Restaurant Dry Chemical Extinguisher System and Fan Mop and Pail Sinks 32 gallon Garbage Can