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1990-072 Oro To Authorize an Agreement between the Township and F. Z. Andziak for the operation of the Oro Memorial Park Concession THE CORPORATION OF THE TOWNSHIP OF ORO BY-LAW NO. 90-72 Being a By-Law to Authorize an Agreement between the Township and F. Z. Andziak for the operation of the Oro Memorial Park Concession WHEREAS section 104 of the Municipal Act, R.S.O. 1980, as amended provides that Councils may pass by-laws for the health, safety, morality and welfare of it inhabitants; AND WHEREAS the Township is the Owner of Oro Memorial Park in the Township of Oro in the County of simcoe; AND WHEREAS a tender has been received and accepted by the Township of Oro for the operation of the Concession Booth during the 1990 summer season; AND WHEREAS the Council for the corporation of the Township of Oro deems it expedient to enter into an agreement with F. Z. Andziak regarding the operation of the Concession Booth at Oro Memorial Park; NOW THEREFORE Council for the Corporation of the Township of Oro hereby enacts as follows: 1. The Reeve and Administrator/Clerk are hereby authorized to enter into the Agreement, attached to and forming part of this By-law as Schedule "A" on behalf of the corporation of the Township of Oro. 2. This Agreement shall expire on the sunday following Labour Day in the year 1990. 3. This By-law shall take effect upon the passage thereof. READ a first and second time this 18th day of June, 1990. READ a third time and finally passed this 18th day of June, 1990. THE CORPORATION OF THE TOWNSHIP OF ORO i i I [ I I I I .- II II II II II II II II II I[ II ]: I! ~beCJf~ '. THIS AGREEMENT made the 4th day of June, 1"0. BBTWEEN: THE CORPORATION OF THE TOWNSHIP OF ORO Hereinafter called the "Township" OF THE FIRST PART -AND- FRANK ZBIGNIEW ANDZIAK Hereinafter called the "Licensee" OF THE SECOND PART; WHEREAS the Township is the owner of Oro Memorial Park in the Township of Oro, in the County of Simcoe; AND WHEREAS the Township is desirous of providing for the patrons of the Oro Memorial Park a Booth where the said patrons may purchase refreshments and sundries; AND WHEREAS the Licensee has submitted a tender to the Township for the operation of the Concession Booth in Oro Memorial Park; AND WHEREAS the Township has accepted the tender of the Licensee; NOW THEREFORE This Indenture witnesseth that in consideration of the terms and conditions hereinafter set forth, the Township doth grant unto the Licensee for the purpose hereinbefore set forth, the right to enter the existing building used for a Concession Booth in the Oro Memorial Park and to use the equipment therein for the operation of a Concession Booth. 1. The Licensee shall operate the Concession Booth from June 4th, 1990 to and including the following Sunday after Labour Day in the year 1990. 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. The Licensee shall pay to the Township the amount bid ($2,500.00) in the following manner by means of post-dated cheques: June 4, 1990 July 23, 1990 August 24, 1990 40% of bid 30% of bid 30% of bid 4. The Licensee shall keep the Concession Booth open for business for the minimum time periods as set out below: (a) from the commencement of this Agreement up to and including the last day of public school attendance in the County of Simcoe in the month of June from 9:00 a.m. until dusk every Saturday, Sunday, Statutory or recognized holiday and for evenings, when special events are scheduled. (b) from the first day of public school vacation in the County of Simcoe up to and including those dates specified in Section (a); 9:00 a.m. until dusk every Saturday, Sunday, Statutory or recognized holiday, 11:00 a.m. to 1:00 p.m. on every day that is not a Saturday, Sunday, statutory or recognized holiday and for evenings when special events are scheduled. (c) The Licensee may, in his discretion, keep the Concession Booth open for business on additional days and times other than those specified in this paragraph not exceeding 11:00 p.m. on any day. 5. The Licensee shall staff the Concesssion 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. 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 Memorial Park. 9. A listing of articles, goods and merchandise proposed for sale and their related over-the-counter prices must be submitted to the Administrator/Clerk with the tender. 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. The Licensee shall at no time during the term of this Agreement, sell or allow to be sold any bottled soft drinks or any other bottled refreshment other than in "Family Size" returnable bottles. 13. No alcoholic beverage or any beverage known as "near beer", narcotic drug or similar substance, shall be dispensed, offered for sale, sold, given or consumed within the Concession Booth. 14. 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 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 building and equipment in good and substantial repair and condition, at the expiration or earlier determination of this Agreement, reasonable wear and tear and damage by fire, lightning or tempest only excepted. 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 Five Hundred Dollars ($500.00) 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. 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 tender. 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, except to the extent and quantity permitted under the policy of fire insurance as provided in paragraph 19 hereof. 21. The Township may, in the case of damage by fire, lightning or tempest which makes repair of such damage within thirty (30) days impossible, 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 Labour Day and each party shall be released from further obligations hereunder. This paragraph is, however, subject to the Licensee's compliance with Paragraphs numbered 1, 2 and 3 of this Agreement. 22. 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, judgment, 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. 23. 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 show loss payable to the Corporation of the Township of Oro and the Licensee jointly. 24. The Licensee agrees to obtain and pay for all necessary licenses and permits prior to commencing the operation of the Concession Booth. 25. It is understood and agreed between the Parties hereto that whenever any special events are planned for at the Oro 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. in this paragraph 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 peraission 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. 26. 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. 27. The Licensee shall be responsible for all utilities used in connection with the operation of the building where the Concession Booth is run from and shall reimburse the Township therefore within (10) ten days of billing. For the purposes of this section, the Licensee will be entirely responsible for obtaining required propane from the supplier of the tank on site. 28. 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. 29. storage of merchandise in public access ways must comply with fire regulations. 30. The use of electrical extension cords will be permitted within the building providing that they are deemed necessary. The use of electrical adapters or the like are strictly prohibited. 31. The use of coin operated games, jute boxes or similar music dispensers is not allowed. 32. 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. 33. 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. ~ 34. The Licensee and his employees shall promptly deliver all articles found in the Park to the Park Superintendent. 35. 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. 36. 1 37. The 'l'ownshlp heret.y undertake. other cono...lon too operate wi line of good. and merchandi.e wi oonsent of the Licen.ee. Thl. pa paragraph 25 hereto .et forth 11'1 38. In the event that thl. Agreement i. Township prior to Labour Day, 1990,> .....> 1 refund to the Lioensee that portion of the.plyU>le by the Licensee to the Township which would be attributable to that portion of the year from the ti.e at whioh some other person is granted a license to operate the said Concession Booth to and including Labour Day in the year 1990. WITNESS the Corporate Seal of the Corporation of the township of Oro duly attested under the hands of its proper signing officers authorized in that behalf. THB CORPORATION O. TUB TOWNSHIP O. ORO d~~ Re~e, Robert E. Dru~ #/~~ ' ~7Clerk, Robert W. Small WITNESS the hand and seal of the Licensee of the Second Part. Signed, Sealed and Delivered ) in the presence of: ) ) ) ) ) .