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HomeMy WebLinkAboutPF 10/99'1 � �� � .�..�a �NOFp _ . . _ �. . . . H � WAD F REPORT TO COUNCiL FROM; Everett Bunisma DATE: August 3,1999 Dircctor of Pruks & Fucilitics REPORT NUMDER: PF 10•99 SUB]ECl Parks and Fucililies - Pickering Recreation Complex Conccssion Licence Agreement - Pickering Flockey Association Incorporated - File: LS 1000 RECOMMGNDATION: A by-luw should be enacted to authorize the execution of a Renewal Concession Licence Agreement between Pickering Hockey Associution Incorpomted and the Town respecting the operation by that orgunization of the snuck bar concessions nt thc Pickcring Recrention Complcx (Arcna only) Gom Scptember I, 1999 to August 31, 2002 (3 year tcrm). ORIGIN: Approval of the Director of Parks and Fncilitics for rcncwnl of thc Licencc Abrccmcnt. AUi'HORf1'Y: 1. Municlpal Acr, R.S.O. 1990, chnptcr M.45, section 191 (1). 2. Comnienlry Recreulfou Cenrrrs Ac�, R.S.O. 1990, chaptcr C.22, scction 2. FINANCfAL IMPL[CATIONS: Revenues: 1999 - 4 months Qn 5800/month 53,200 2000 - l0 months (a) 5800/month 8,000 2001 - l0 months (a� SS00/month 8,000 2002 - 6 months Q 5800/month 4,800 524,000 DACKGROUND; For tha past severul yenrs the Pickering Hackcy Association (P.H.A.) has operated the concession stund (snack bnr) et the Recreution Complex. Enactment of tha attnched by-law will nuthorize the cxecution of the Agrcement which fortns Schedulc A th�reto. This Agreement is in n fortn similar to those previously uscd for the operation of concession stands end providcs for P.H.A.'s operotion of thc Rccrcntion Complex concession stand (sneck bar) until August 31, 2002 (3 ycar term). Council should note thet this agrccment is for Arena concessions only. The Depnrtmcnt is prescntly investignting altemativc operations for the Ccntral Core concessions. ! Re rl to Councii PF 10-99 g� P° Dnte; August 3,1999 Subject: Pickering Recrention Complcx Concession Licence Agreement Pege: 2 ATTACHMENTS; DrnR bylaw with proposed Agreement attached as Schedula A. PREPARED BY: �(/ Lcmntd Hu cr (d SuperintendentofFacilities 1 LH:br Attuchments Copy; Chief Administmtivc 01 iccr Direclor of Finnnce & Trcusurer APPROVED BY: Evcrctt Buntsmu DircctorofPnrksund 'acilities �.nuccr � - . _ � �� � . - 4' 1 �A�:. " , . . ... . � 58 � THIS CONCESSION LICENCE AGREEMENT mode August 3, 1999, pursuant to the provisions of section 207.57 of the Municipal Act, R.S,O. 1990, chepter M.45, I BETWEEN: PICKERING HOCKEY ASSOCIATION INCORPORATED � hereinafter called "PHA" OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING herein called the "Town", 1 OF THE SECOND PART. IWHEREAS the Town is the owner of the Pickering Rccreation Complex, which contains certnin snack bar � '� cancession facililies; and � WHEREAS, pursuant to the provisions of paragraph 207.57 of the Municipal Act, R.S.O. 1990, chapter � M.45, the Tawn may operate and manage pleces or recreation, nrenas and similar buildings; and � WEiEREAS Ihe Town wishes to retnin PfIA lo operate on its bchalf certnin snnck bur concession facilities i within Ihe Pickering Recrcalion Complex (Arenn only). i � NOW THEREFORE THIS AGREEMENT WITNESSETH that, in considerotion of ihe mwunl covenants nnd agrameNS contained herein, the Pnrtics hereto agree us follows: i � DEFINITIONS I. In this Agreement, the term, (a) Cancessions means, Ihe snack bar concession facilities locnted in the Pickering Recrentian Complcx (Arena only); ' '� (b) Lkpartment means the'Pown's Department of Parks nnd Facilities; and II I(c) Pickering Recreatian Complex moans the communiry rcereation centrc owned by the Town � � and located at I B67 Vallry Farm Rand in the Town of Pickering. 'j TERM 2. The Town granis to PHA the exclusive right to use, occupy and operete the Arene Concessions, for a period beginning September 1,1999 end ending August 31, 2002 (] year term), FEE , 3. (I) Within the seven days immediately following the end of each of the celender months of Saptember to June (10 months), both (nclusive, during the tertn hercof, PFiA shell pey to the Tawn a fee of 5900.00 for PFfA's usc of iha Concession during that month. OPERATtON 4, PHA, iu servenb, agenW and cmpioy-xa, shell, . (e) comply �trfclly with eil epplfeabla bylawe, rules end rcgulation� goveming lhe conduct nnd operation of the bwines� of the Compeny end of the Town; (b) aperete the Concess(ons during ihe Hmee end on the deye egteed to by Ihe Depertment; _ : 59 (c) keep aecurate books end records of Ihc operalion of the Concessions and allow a , rcprosentetivo to Ihe Town ro inspect the books end records; (d) deposit with ihe Town prior to the beginning of ihe Tertn, a Cenificate of Insurance ' verifying that a Liebiliry Insurence Policy in Ihe amount of SI,OOO,OOD is in place in a � form satisfaclory to the Town, neming the Town es an insured end indemnifying the � Town from eny loss arising from cleims for demeges, injury or othenvise in connection � with the operation af ihn Concessions; ' (e) obtein ell necessary permils, licences end approvels; (� keep the Concessions in good repair nnd maintain the Coucessions end equipmrnt ;i thercin and related thereto at a high level of cleanliness; (g) leave the Concessions in a neat and tidy condition at the end of the Tertn and rcpair or I replace any demeges to ihe Concessions except reasoneble wear and tear, (h) obtain the approval of Ihe Department before altering, adding to ar varying in any way all or any part of the Cancessions, makc any approved alteralion, addition or varietion ' ut PHA's sole expcnse, and transfer ownership thereof to the Town al the end of the Term; (i) provide a good standard of service to the public patronizing ihe Concessions, including but not limited to providing uniformed employees to operale ihe Concessions; (j) keep and offer for sale Ihe types of rcfreshments end food ordinarily offered in community recreation centres nnd such olher reGeshments and foad requested by the Town to promote a healthy lifestyle, if such requcst is not unrensonuble in thc opinion of PHA; nnd (k) comply wilh nnd confortn lo ccrtain provisions of �hc agrccment datcd Juna 21, 1997 betwern the Town and Cocu•Cola Oonling Ltd., µhich provisions are set out in Schedule A hercto anJ fomi parl of �his Agrecment. LIABILITY OF TH8 TOWN 5. The Town shall not be liable to PHA for any loss of or damege to the Concessions or any equipmcnt or inventory therein or related thereto, whelhcr caused by firq theR, burglnry or othenvise, unless such loss or damage was caused by the negligrnce of the Town, its servants, agents or employees, � EARLY TERMINATION 6• ( �) The Town mey terminate this Agreement at any time and rcmove PHA from possession of all or any part of the Concessions wi�liout notice, and PHA shall not be entitled to c�mpensation thercfor or ta claim from the Town eny amaunt for such tertnination or removaL (2) If this Agrcement ie tertninated by the Town pursuant to subsection (I), all ouutar;ding fees shall immediately Ixcome due aa if ihe date of terminetion wero the end of e calcndar month. (3) If any outstanding fea ere not peid in eccordance hercwith on early tertninetion or at any olher time, the Town shell be entitled to rctein end di�pose of eny equipment installed in Ihe Conceseions in order to satisfy the outstending fee� and the cosb of collecting seme. I ASSIdNMENT, BMDMQ NATURE AND BENEFIT HEREUF 7. (I) Thie Agreement b not e�algneble by PHA wilhaut ihe consent of the Tawn, whiah conxnt may 6e erbitrarily roNsed, � ,i � 'i i ,� � j � ;� - - - - - - - . �,. -•- ,. 60 : ' (2) This Agrcemcnt shall enuro to tho benefit of and. bc binding upon ihc Perties hercto und iheir rcspective successo�s end essigns. IN WITNESS WHEREOF the perties herotn have hereunto affixed their respective corporate seals attested ro by the hands of its authorizod ofticers. SIGNED, SEALED AND DELIVERED i PICKERING HOCKEY ASSOCIATION INCORPORATED , Presfdent , Treasurcr THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, M1tnyor ' �ruce Toylor, Clerk � � � �� � .. � jr' : _: :. . _ :.. _..- -- . „_ __.. _ ___ . li ' �i 61 �; THE CORPORATION OF THE TOWN OF P1CK8RING . BY-LAW N0. 5541/99 Being a by-law fo authortze the erecution oja Licence Agreement beriveen The Corporation aj the Town oj PtckerUig and rhe Plcke�ing Nockey Associatton lncorporuted jrom September l, l999 to Augus� 3/, 2002 (3 year term). WHEREAS, the Town is thc owncr of tha Pickering Recreation Complex, which conmins cerlain snack bar concession facilities; and WHEREAS, pursuanl to the provisions of paragraph 207.57 oi thc Municipal Act, R.S.O, 1990, cliapter � M.45, the To�m may operate and mnn�ge places or recrcation, arcnas and similer buildings; and WHEREAS, Ihc Town wishcs to retain Pickcring Hockcy Association Incorporatcd to opemte on its i behulf certain snack bar conccssion fncilitics within thc Pickering Recreation Complex. � i NOW 7'HEREFORE, thc Council of thc Corparatian of the Tn«n of Pickcring HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clcrk arc hercby authorizeJ to cxecutc an Agrcemcnt, in the fomt auached hcrcto I ns Schcdule A, between The Corporation nf the Town of Pickering anJ Ihe Pickering Hockey Association Incoiporated to operate on its behaif ccnain snack bar concession facilities at Ihc Pickering Rccreation Cnmplex for Ihc period Scptember 1, 1999 lo August 31, 2002 (3 yrar tertn). BY-LAW read a first, second and third time and finally passed this 3rd day of August, 1999 . Wayne Arthurs, Mayor Brucc Taylor, Clerk & � � � •62 SCHEDULE A Certain provisions of the Agrcement dated June 21, 1993, between the Town (herein referted to as !he "Town") and Coca•Cola Bonling Ltd., (�herein roferted to as the "Company") 1. ' For the purposes of this Agrcement, (a) "Arenas" means the Arcnas localed at lhe Pickering Recrealion Complex; (b) "Complcx" means thc Town's Pickering Recrcation Complex located nt I867 Vallry Fartn Road, Pickering, Ontario; (c) "Event" means any scheduled or rescheJuled sparting event, sporting competition or sponing contest conducted in eilher of the ,1 renns; (d) "SoR Drink Beverages" means, (i) �II curlwnated and non-carbonated soR drink bevcrnges; (ii) ell syrups Gom which carbonated and non•carbonated sofl drink bevernges may be preparcd for immediate consumption by Ihe addition of carhonuted or non- carbonated water; und (iii) oll carbonnted and non•curbonaled fniit Jrinks, mnchinc•vended fruit juices, potable wnters and ony olhcr non-olcoholic bcverngcs for immedinte consumption, including all syrups and preparalians from which thc same mny be prepared; (c) "SoR Drink Ocverages of the Company" mcans those Soft Drink Ucvcragcs which from timc to timc arc munufocwred, sold or distributcd by Ihc Company; (� "Sofl Drink Dispcnsing Equipment" means thosc Jcviccs for Ihc Jispcnsing or storage of soft drink bevcroges more patlicularly dcscnbcd in Schcdulc A hercto nnd such furthcr similar devices supplieJ by the Company pursuant to this Agrccmcnt; (g) "Tertn" means the tetm of this Agrccment which shall commcncc a16:00 am on July I, 1993, nnd shell expirc nt midnight on Junc 30, 2003. ADVERTISING • HOCKEY SCOREBOARD, TIME-OF•DAY CLOCK AND MENU BOARDS 2. (I) During the Term, the Company shall have the exclusive right to place adveAising, at its cost, on the hockry scoreboard, the clock and the menu baards by decoreting them in full colaur with edveAising materiel for one or mare of the Soft Drink Beverages of the Company end may chenge the edvertis(ng malerial from time to time during Ihe Term. (2) The Compnny shell, at iu cost, maintain and rcpair thc advenising in good and attractive order, nartnal wear and tear only excluded. 3. The Tu•,m shell not permit any commerciel signage or messages other than the edveAising meteriei of the Company to be placed on the ice re-surfecing unit, the hockey scorcboerd, the clock or the menu boards, 4. The Town shall not pertnit eny advertising, promotion or mention of eny nature or description, whether visual or oral (includ(ng the public eddress system in the Arcnes), of eny SoR Drink Beverege which is not e Soft Drink 8everage of the Compeny in or ebout the Complex including it� swcturcs, hellways, conwursee or at any ouWide entrencee to the Complex end rcgerdles� of whether or not it is within 1he view or hearing of eny existing or futuro spectator seat in tho �omplex, eave end exapt whero necessary to describa a team or a member of a teem thet ia , sponwrcd by e Soft Drink Beverege compeny other then the Company. ,.. _ . _.. . ' 63 S. The Town shnll not grant to any menufncturer, bottler ur supplier of 5oft Drink Beverega, other than Sok Drink Bcverages of Iho Company, lhe right to nssociate itself or its SoR Drink Oeverages with the Compl:x or any paA Ihereof in eny mar.ner dircctly or by implicslion. SOFT DRINK DISPENSING EQUIPMENT 6. The Town, at its cost, shall keep the SoR Drink Dispensing Equipment in good repair, condition end working order snd shall Nmish uny parts required to keep it in good mechenical and working order. 7. Withaut ihc prior written consent of the Company, the To�vn shall not make any alterations, additions or improvements to Ihe equipment; all alterations, additions and improvements mede to the equipment shall belong to and become Ihe property of the Company upan the making of the alteration, addition or improvement. 8. The Soft Drink Dispen�ing Equipment shall be used by the Town only in the Complex and shall not be removed therefrom or athenvise disposed af without the prior writtcn wnsent of the Company, 9. The Company muy, at its cost, supply and instnll such ndditionel or replacement SoR Drink Dispensing Equipment as the Compuny Gom time to lime considers necessary to service tha pubiic demand for SoQ Drink Bevernges nt the Complex at such locations within the Complcx as are agreed upon by the Parties; such equipment shnll be trcated as SoR Drink Dispensing Equipment for Ihe purposes of this Agreement. 10. The Town shall at all times during Ihe Term keep all syrup heads of the SoR Drink Dispensing Equipment properly identifled with the �pproprinte trade marks of the Company releting lo the SoR Drink Beverages of the Company actuelly dispensed through the heads. I I. No Sofl Drink Bevcrages (other then fruit juiccs) may be supplied, sold or Jistributed in the Complex from soR drink dispcnsing equipment other than the Soft Drink Dispensing Equipmcnt of thc Compnny. COMPLEX SOFT DRINK OEVHRAGE SUPPLY 12. (I) During the Term, the Company shall bc the sole and exclusive supplier of Solt Drink Beverages for snle or complimentary distri6ution in �he Complex nnd all parties from lime to time sclling or distributing Soft Drink [3cveragos in Ihe Camplex shell purchase for resnle or distribution et the Complax only the Sofl Drink Beverages of the Company at Iho Companys then prevailing wholesule prices and trade tarms which (rom time to time may exist, provided always ihat lhe said wholcsalc prices of Ihe Company shall remafn competitive with the wholesale prices which ere from lime lo time otfered by other manufecturers or distribulors of netionally known Soft Drink Beverages. (2) The Company shall provide such brands and quantities of Soft Drink Beverages es it considen necessary to service the public demand thereof at the Complex. 13. Notwithstanding eny other provi3ion contained heroin, the Company shell not be liable hercunder far fellurc to supply Soft Drink Bevereges due to govemment action, statute, ordinence or rcgulalion; sUike or ather lebour disturbance or disruption; fim damege; lack of or inebility to obtein meterials, labaur, fuel or supplies; act of God; or any other cause, contingency or circumstence which is beyond the control of the Company. GENERAL 14. The employees, roprcsentelives and egenh of the Company shall be pertnitted acau to the Complex dudng normal busfnes� houn for eny purposa provided for or contempleted in thi� Agrcement.