HomeMy WebLinkAboutPF 09/994� �,NOF
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ItEPOItT TO COUNCIL
FROM: Everclt Dunisma DATG: August 3, 1999
Dircctor of Parks & Fucilities
REPORT NUM[iER: PP 09-99
SUDJECT: Community Cenlres & Fncilities - Don Bccr Arcna
- Conccssion Stand (Snack Bar) Leasing
- Pickering Hockey Associntion Inwrpornted
- File: LSI000
RECOMMGNDATION:
A by-law shouid be ennctcd to uuthuri�e the execution of un :1Rrcement pursuanl lo which
Pickering Hockey Association Incorpornicd will operate Ihe concession stnnd (snack bar) in the
Don Bccr Spods Arcnu from Scptembcr I. 1999 to August 31, 2002 (3 ycar tcrm).
ORIGIN: Approval of the Dircetar of Parks unJ racililics for nnc«•al of the i.icence Agrcemcnt.
AUTHORITY:
I, Comm�utiry Recrcalfnn Ccntri�s Arl, R.S.O. 1990, chaptcr C.22, s.?;
2. Nlunicfpal Acl, R.S.O. 1990, chuptcr M.45, scction 191(1).
FINANCIAL IMPLICA7'IONS:
Revenues: 1999 - 4 monihs Q 5800/month
2000 - 8 months n 5800/month
2001- 8 months n 5800/month
2002 - 4 months n 5800/month
3,200
G,400
6,400
3�2��
S 19,200
BACKGROUND:
For the past severai yenrs the Pickering Hockcy Association (P.II.A.) has operntcd thc
concession swnd (snnck bar) at the Don Beer Arcnn.
Ennctment of thc utteched by-Inw will authorizc thc execution of the Agrcement which forms
Schedule A thereto. This Agrcement is in u form similar to ihosc prcviously used for the
operation of concessian smnds nnd provides for P.H.A.'s operation of the Don Dccr Arcna
concession stand (snack bar) until August 31, 2002 (3 yeur term).
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Report to Council PF 09-99
Subject: Don Bcer Arenn - Conccssion Stand (Snuck Der) Lensing
Pickcring Hockey Associndon Incorpomted
ATTACHMENTS:
I. Dmft by-luw with proposed Agrcement uttached as Schedule A.
PREPARED DY:
Leonard unter
Superintendent of Faciiities I
!
LH:br
Attachmctit�
Copy: ChicfAdministrativc011iccr
Dircctor of Pinnncc & Trcasurcr
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Dntc: August 3,1999
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Pogc: 2
APPROVED E3Y:
�vcrctt untsmn
Dircctor of Purks nnd �ncilitics
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THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW N0. 5540/99
Being a 6y-!aw fo authorlae the exerutron oj an
Agreement with Pickering Hackey Assoctatlon
lncorporaled jor the operation oj the Don Beer Arena
concesslon sfand (snack bar) jrom September 1, 1999 to
Augnst3/, 2001(3��earterm).
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' WHEREAS, pursuant to the provisions of the Commur..Y� Xecreuttoa Cenrres Ac�, R.S.O. 1990, chapter
C.22, sation 2, the Council of The Corporotion oC the Town of Pickering enacted on February I, 1988,
� By-Law 2662/88, esmblishing cedain facilities including the Don Beer Spons Arena as Communiry
Recreation Cenues to be operated by the Town in accordance with that Act; and
' WHEREAS, pursunnl to lhe provisions of the dlunfcipal Act, R.S.O. 1990, chapter M.45, section 191(I)
the Council of lhe Corporntion of the Town of Pickcring may enacl n by-law for, intcr alia, operating
plaas oCrecroalion and arenas;
NOW THEREFORE, thc Council of the Corporatian of thc Town of Pickcring HEREBY ENACTS AS
� i FOLLOWS:
I. The Mayor and Clerk arc hercby authorizcJ to executc an Agrcement, in thc form attachcd hereto
ns ScheJule A, betwecn The Corporalion of thc Town of Pickcriu�� and Pickcring Hockcy
i Associatian [ncomomtcd, pursuant to which Pickcring Hockey Association Incorporatcd will
� opemte n concession stand (snack bar) in ihc Don Becr Spons Arena from Scptember I, 1999 to
! August 31, 2002 O year tcrm).
BY-LAW rend n first, second and third time and finally passed Ihis 3rd day of Auqus t, 1999 .
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
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THIS CONCESSION LICENCE AGREEMENT made August 3,1999,
BETWEEN:
PICKERING HOCKEY ASSOCIATION INCORPORATED
herein called the "PHA"
OF THE FIRST PART,
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;
� THE CORPORATION OF THE TOWN OF PICKERING
' heroin called thc "Town"
, OF THE SECOND PART.
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, WHEREAS ihe Town is the owner of Iha Don Beer Arena which contains certain rofreshment facilities; and
WHEREAS, pursuant to the provisions of the Community Recrea�ion Cenlres Acf, R.S.O. 1990, chapter C.22,
section 2, the Council of The Corporetian of the Town of Pickcring cnactcd on February I, 1988, By-Law
! 2662/88, establishing certain facilitics including thc Don Bccr Arcna as Communiry Recreation Centres to be
, operated by the Town in accordance with that Acl; and
IWHEREAS, pursuant to the provisions of the Abinicipa/ Act, R.S.O. 1990, chapter M.45, section 207.58, Ihe
, Council of The Corporation of the Town of Pickering may enact a bylaw for, inter alia, operating pinces of
rccrcation und arenns; and
WHEREAS the Town wishes to retain Ihc Association to opc�ate on i�s behalf certain reGeshment facilities
within the Don Beer Arena;
I NOW THEREFORE THIS AGREEMENT WITNESSETH, that in considcration of the muWal premises and
� covrna.�ts heroin contained, thc Purties heroto agree as foliows:
DEF[NITIONS
1. In lhis AEreement, lhe term,
(a) Don Beer Arena means the community recreation centre owned by the Town and located on thc
west side of Dillingham Road in the Town of Pickering;
(b) ConcessJon means the snack baz facilitiaa located within the Don Beer Arena; and
(c) Department means the Town's Depaztmrnt of Parks and Facilitiea.
TERM
2. Tho Town grants to PHA tho exclusive right to use and occupy the Concessian during the months oP
Septemba to April (8 months), both incluaive, for a period beginning September I, 1999 and ending
� Aug�at 31, 2002 (3 year term).
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3. Within the seven days immediately Following thc end of ench of the calendnr months of September to
April, both inclusive, during the tertn hereof, PHA shatl pay to the Town a fce of 5800.00 Cor PHA's use
of the Concession during that month. �
OPERATION
4. PHA, its servants, agents and employees, shali,
(a) camply strictly with all applicnble by-laws, Nles and regulations goveming the conduct and
operafion oFlhe business of PHA and oFthe Town;
(b) operate the Conassion d�ring the times and on the days ageed to by the Department; ?
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(c) keep accurate books ond records of the operation of the Concession and allow a reprcsentative of '
the Town to inspect the books and rewrds;
(d) deposit with the Town prior to tha be�inning of the Term, a Certificata of Insurance verifying
that a Liability Insurance Policy in the amount of $I,OU0,000 is in place in a fortn satisfaclory lo
the Town, naming the Town as an insurcd and indemnifying the Town from any loss arising
from claims for damages, injury or othenvise in cannection with the operation of the Concession;
i (e) obtain all necessary permi4s, licences and approvals;
(Q keep the Concession in good repair and maintain thc Concession and equipment thercin and
; relnted thcreto at a high level of cleanliness;
i(g) leave lhe Conccssion in a ncat and tidy conJition at the end of Ihc Tcrtn and repair or rcplacc any
damuges to the Concession except rcasonable wcar and Icar;
(h) obtain the approval of lhe Department before altering, adding to or varying in any way all or any
part of thc Conccssion, makc any approvcd altcration, addition or variation al PHA's sole
expense, anJ transfer owncrship Ihereof lo thc Town at Ihc enJ of lhe Tcrm;
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(k)
pravide a good standard of servicc lo the public patronizing thc Conccssion, including but not
limited to providing unifortned cmployecs to operatc the Concession; and
keep and ofPer for sale the types of reGeshments and food ordinarily offercd in community
recreation centres and such other rcfreshmcnts and food requested by the Town to promota a
hcalthy lifcstyle, if such requcst is not unreasonable in the opinion of PHA; and
comply with and confortn to certain provisions of the ngreement dated June 21, 1993 between the
Town and Coca•Cola Bottling Ltd., which provisions are set out in Schedule A hereto und fortn
part of this Agreement.
LIABILITY OF TNE TOWN
5. The Town ahall not be liablc to PHA for any loss of or damage to the Concession or any equipment or
inventory therein or related thereto, whether caused by fim, theft, burglary or othenvise, unless such loss
or damage was ceused by the negligence of the Town, its smants, agents or employees.
EARLY TERMINATION
6. (1) The Town may terminate thie Agreement at eny time and romovo Pf{A from possession of a11 or
any part of the C,mcession without notice, end PHA ahall not be entitled to compensation
therefor or to cla�,n from tho Town any emount for such termination or removal.
(2) If this Agreemrnt ia tertninated by the Town purauent to subsection (l), all outstanding fees shell
immediately bceome due as if the date of tecmination were the end of a celender month,
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(3) If sny outsianding fees are not paid in uccordance herowith on oarly termination or at any other
time, the Town shall be antitled to retein and dispose of nny equipmrnt installed in the
Concess;�n in order to satisfy the outstanding kes and the cosis of coliceting same.
ASSIGNMENT, BINDING NATURE AND BENEFIT HEREOF
7. (tj This Agreement is not assignable by PHA without ihe cansent of the Town, which wnsent may
�' be arbitrarily refused.
I (2) This Agreement shall enuro to the benefit of and be binding upon the Parties hereto and their
�� respective successo�s and assigns. �
� IN WI1'NESS WHEREOF the Parties hercin have hereunto affixed their respective wrporate seals, attesled to �
j by the hands of their proper authorized ofticers.
SIGNED, SEALED & UEL[VERED
THE CORPORATION OF THE TOWN OF P[CKERING
Wayne Anhurs, Mayor
Bruce Tnylor, Clerk
PICKERING HOCKEY ASSOCIATION INCORPORATED
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SCHEDULEA
Certain provisians of the Agrcemenl deled June 21, 1973, belwean thc Town (herein referred lo es the
"Town") and Coca•Cola Uottling Lld., (therein referred to es ihe "Company")
I. For the purposoa of Ihis Agraemenl,
(e) "Arenaa" means the Arenns located et Ihe Pickcring Recrealion (:omplex;
(b) "Complex" means Ihe Town's Pickering Rarealion Complex 6xated ut 1867 Valley Ferm
Road, Pickering, Onlerio;
„ (c) "Evenl" menns uny scheduled or reschcduled spoAing evenl, sponing competition or spoAing
conlcsl conJucted in eilher of the Arenas;
(d) "SoR Urink Beverages" mcans,
(i) all carbonated and non-cnrbonated soR drink bevernges;
(ii) all syrups from which carbannted and non-carbonaled soR drink bevcreges may be
prcparcd for immediate consumplion by the additiun of carbonated or nan-
carbonntcJ wNcr, and
(iii) all carbonnted unJ non•carbonalcJ Guit drinks, mnchine-venJed Guit juices, polable
wntcrs nnd any olhcr nun•nlcoliolic bcvcrnges for immcJintc wnsumption,
including all syr�ps anJ prcparalions Gom wliich thc samc may bc prcparcd;
(c) "SoR Drink [levcmgcs of Ihc Compnny" mcans Ihosc Soft Drink Dcvcragcs which from time
lo timc arc mnnufnuurcJ, solJ or JislributcJ by thc Company;
(Q "SoR Drink Dispensing Equipma�t" means tliose Jevices for �he dispcnsing or stornge of soR
Jrink beverages more pahicularly dcscribed in Schedule A heretu anJ such furtl�er similar
Jevices supplicJ by Ihc Compnny pursuanl lo Ihis Agrscmcm;
(g) "Temi" means Ihe term of Ihis Agrecmenl which shnll wmmence at 6:00 am on July I, 1993,
and shnll expire at miJnight on lima 30, 2003.
ADVERTISING - HOCKEY SCOREOOARD, TIME-OF•DAY CLOCK AND MENU BOARDS,
2, (I) During the Tertn; lhe Company shall have the exc�usive right to place advettising, at ils cost,
on the hxkey scarcboard, Ihe clock nnd �he menu boards by decorating them in Poil colour
wilh oJvchising malerial for one or moro oF Ihe SoR Drink Bevereges of Ihe Company and
may change the adveAising malerial from time to time during the Term.
(2) The Compeny shell, et ih co.l, meintain and ropair the advertising in good and attrective
order, normal wear and teer only excluded.
�, The Town shall not permit any commerciel signage or messages other then the edvertising meteriel
of the Company �o be placed on �he ice rc-surfacing unit, the hakey swrcboard, lhe clock or the
menu boanis.
4. Tfie Town ehell not permit eny adveAising, promotion or mention of eny nataro or description, t
whether visual or oral (including the pu6lic addro� eystem in the Arcnee), of any Soft Drink
Beverage which is not a Soft Drink 8everege of the Company in or ebout lha Complex tncluding it�
stmcturc�, hellweye, concourses or et any oubide enuencea to tha Complex and rcgerdiess of
whether or not it is within Ihe view or heuing of eny existing or Ntuie spectetor seet in Iho
Cumplex, aave end except wherc neceesary to deuribe a teem or a member of � teem thet i�
, aponmrcd by a SoR Drfnk Beverage compeny other Ihan lhe Company.
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5. Tlx Town shail not grent lo any manufecturcr, bultler or supplier of SoR Drink Beverega, other
than SoD Drink Beveragea of the Compeny, the right lo associate ftself or its So(1 Drink Beverages
with the Camplex orany part Ihercof in any mannor direclly or by implicntion.
SOFT DRINK DISPENSINd EQUIPMENT
6. The Town, al its cost, shall keep the SoR Drink Dispensing Equipment in guod repair, condition end
working order and shall fum(sh any parts required lo keep it in good mechanicul and working arder.
7. WilBout the prior wrillcn wnscnl of 16e Compauy, the Town shall not make any alterations,
addilions or improvements to the equipment; ull ellomlions, additions and impravemenU made to the
equipmenl shall belong to and become the property of lhe Company upon the making of Ihe
nllcmlian, nJJilion or improvcmcnt.
8. The SoR Drink Dispensing Equipment shall be used by the Town onl y in the Complex and shall not
be remaved thereGom or othenvise disposed of without the prior written consent of the Company.
9. The Campany mey, at ils cost, supply and install such additional or replacemenl Soft Drink
Dispensing Gquipmrnl as Ilie Company from lime to time considers necessary to sarvice Ihe public
Jcmnnd for Solt Drink Oeveragcs nl lhe Complcx al such locations wilhin Ihe Complex us arc agrced
upon by the PaAies; such eyuipment shall be trcated as Soll Drink Dispensing Equipmenl (or lhe
purposes of this Agreement.
10. The Town shall at all limes during Ihe Term keep all syrup heads of the SaR Drink Dispensing
Cquipmcnt properly idcntificJ wilh thc appropriale Irade marks of Ihe Company relating to the SoR
Drink 13cvcragcs uf Ihc Company aclually JisprnseJ Ihtough Iha hcaJs.
I I. Nu Soll Drink Ocvcrages (olher than fruit juices) may bc supplied, sold or dislributed in lho
Complex from solt drink dispensing equipment othcr than Ihe Soll Drink Disprnsing Equ(pment of
Ihc Campany.
COMPLEX SOFT DRINK DEVERAGG Sl1PPLY ,
12. (I) During the Tertn, the Company shall be the sole nnd exclusivc supplier of SoR Driuk
Dcvareges for sale or complimenlary distribulion in thc Complcx nnd ell paAies from time lo
lime sclliug or JislribWiug Soll Drink Deveragcs in �lie Complcx shall purchasc for resale or
Jislribution at lhe Complex only Ihe Soll Drink Deverages o( Ilm Company al lhe Companys
then prevailing wholesale prices and trade terms which Gom time to time may exist, provided
alweye Iliat the said wholesale prices of the Company shall remain campetitive with Ihe
wholesale prices which are from time to time otTered by alher manufacturen or distributars of
nnliunally knawn Soll Drink Dcvcmgcs.
(2) The Company shall provide such brands end quentilies of SoR Drink Beverages as it
considers necessnry to service Ihe public demond Ihereof et the Complex.
IJ. Notwithstand(ng any other provision conteined hercin, the Compeny shall not be Uable hcrcunder for
failuro lo supply SoR Drink Beveroges due to govemment action, sletutc, ordinence or rcguletion;
strike or olher labour disturbance or disruplion; fire demage; lack of or inabiiiry to obtefn materials,
, labour, fuel or suppl(er, act of God; or any ather cause, wnlingency or circumstence which is
beyond the conlrol of the Campany.
dENERAL
14, Tha employees, rcprcuntatives end egenu of the Campeny ehell ba permttt� eaeu to iha Complex .
during nortnel bua(ne�e houn for eny purposa provfded for or contempleted in lhta Agreement
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