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HomeMy WebLinkAboutBy-law 3868/91THE CORPORATION OF THE TOWN OF PICKERING ~Y-LAW 3868/9 Being a by-law to authorize the execution of a Concession Licence Agreement between The Corporation of the Town of Pickering and Pickering Hockey Association Incorporated respecting Don Beer Arena Snack Bar Concession, October 8, 1991 - August 30, 1994. WHEREAS, pursuant to the provisions of paragraph 208.57 of the Municipal Act, R.S.O. 1980, chapter 302, as amended, the Council of The Corporation of the Town of Picketing may pass by-laws for, tunongst other things, maintaining and operating places of recreation, arenas and community recreation centres within the municipality;; NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a Concession Licence Agreement, in the form attached hereto as Schedule A, between The Corporation of the Town of Picker'mg and Picker'mg Hockey Association Incorporated respecting the Don Beer Arena Snack Bar Concession from October 8, 1991 to August 30, 1994. BY-LAW read a first, second and third time and finally passed this 7th day of October, 1991. TOWN OF PICKERING APPROVED THIS CONCESSION LICENCE AGREEMENT made October 7, 1991, BETWEEN: pICKERING HOCKEY ASSOCIATION INCORPORATED herein called the "Association" OF THE FIRST PART, THE CORPORATION OF THE TOWN OF PICKERING herein called the "Town" OF THE SECOND PART. WHEREAS the Town is the owner of the Don Beer Arena which contains certain refreshment facilities; and WHEREAS, pursuant to the provisions of paragraph 208.57 of the Municipal Act, 1980, the Town may operate and manage places or recreation, arenas and similar buildings; and WHEREAS the Town wishes to retain the Association to operate on its behalf certain refreshmem facilities within the Don Beer Arena; NOW THEREFORE THIS AGREEMENT WITNESSETH that, in consideration of the mutual premises and covenants herein comained, the Parties hereto agree as follows: In this Agreement, the term, (a) (b) (c) DEFINITIONS Don Beer Arena means the community recreation centre owned by the Town and located on the west side of Dillingham Road in the Town of Picketing; Concession means the snack bar facilities located within the Don Beer Arena; and Department means the Town's Departmem of Community Services and Facilities. TERM The Town grants to the Association the exclusive right to use and occupy the Concession during the months of September to April, both inclusive, for a period beginning October 8, 1991 and ending August 30, 1994. FEE Within the seven days immediately following the end of each of the calendar months of September to April, both inclusive, during the term hereof, the Association shall pay to the Town a fee of $750 for the Association's use of the Concession during that month. -2- OPERATION The Association, its servants, agents and employees, shall, (a) comply strictly with all applicable by-laws, roles and regulations governing the conduct and operation of the business of the Association and of the Town; (b) operate the Concession during the times and on the days agreed to by the Department; (c) keep accurate books and records of the operation of the Concession and allow a representative of the Town to inspect the books and records; (d) deposit with the Town prior to the beginning of the Term, a Certificate of Insurance verifying that a Liability Insurance Policy in the amount of $1,000,000 is in ~lace in a form satisfactory to the Town, naming the Town as an insured and indenmifying the Town from any loss arising from claims for damages, injury or otherwise in connection with the operation of the Concession; (e) obtain all necessary permits, licences and approvals; (f) keep the Concession in good repair and maintain the Concession and equipment therein and related thereto at a high level of cleanliness; (g) leave the Concession in a neat and tidy condition at the end of the Term and repair or replace any damages to the Concession except reasonable wear and tear; (h) obtain the approval of the Department before altering, adding to or varying in any way all or any part of the Concession, make any approved alteration, addition or variation at the Association's sole expense, and transfer ownership thereof to the Town at the end of the Term; (i) provide a good standard of service to the public patronizing the Concession, including but not limited to providing uniformed employees to operate the Concession; and (J) keep and offer for sale the types of refreshments and food ordinarily offered in community recreation centres and such other refreshments and food requested by the Town to promote a healthy lifestyle, if such request is not unreasonable in the opinion of the Association. LIABILITY OF THE TOWN The Town shall not be liable to the Association for any loss of or damage to the Concession or any equipment or inventory therein or related thereto, whether caused by fire, theft, burglary or otherwise, unless such loss or damage was caused by the negligence of the Town, its servants, agents or employees. (1) (2) (3) EARLY TERMINATION The Town may terminate this Agreement at any time and remove the Association from possession of all or any part of the Concession without notice, and the Association shall not be entitled to compensation therefor or to claim from the Town any amount for such termination or removal. If this Agreement is terminated by the Town pursuant to subsection (1), all outstanding fees shall immediately become due as if the date of termination were the end of a calendar month. If any outstanding fees are not paid in accordance herewith on early termination or at any other time, the Town shall be entitled to retain and dispose of any equipment installed in the Concession in order to satisfy the outstanding fees and the costs of collecting same. -3- (1) (2) ASSIGNMENT, BINDING NATURE AND BENEFIT HEREOF This Agreement is not assignable by the Association without the consent of the Town, which consent may be arbitrarily refused. This Agreement shall enure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns. IN WITNESS WHEREOF the Parties herein have hereunto affmed their respective corporate seals, attested to by the hands of their proper authorized officers. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Brace Taylor, Clerk PICKERING HOCKEY ASSOCIATION INCORPORATED