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HomeMy WebLinkAboutOES 49-09 Citq REPORT TO 'u' EXECUTIVE COMMITTEE PI C KERING Report Number: OES 49-09 Date: December 14, 2009 01 Subject: Don Beer Arena Pro Shop File: A-1440-001-09 Recommendation: 1. That Report OES 49-09 of the Director, Operations & Emergency Services be received and; that 2. The Mayor and the Clerk be authorized to execute a renewal Pro Shop License Agreement to permit XPRT Marketing & Promotions to continue to operate a Pro Shop facility at Don Beer Arena from September 1, 2009 to April 30, 2010 that is in the form and substance acceptable to the Director, Operations & Emergency Services and the City Solicitor. Executive Summary: XPRT Marketing & Promotions have an existing License Agreement to operate the Pro Shop at Don Beer Arena which expired on April 30, 2009. XPRT Marketing & Promotions have requested to renew this agreement for a further year. The Operations & Emergency Services Department recommends that a renewal agreement be initiated with XPRT Marketing & Promotions. Financial Implications: Revenues: 2009/2010 $350.00/month X 8 months $2,800 Sustainability Implications: The use of existing space at the Don Beer Arena to provide a venue for sports related activities and the provision of rental income fits within the City's sustainable vision. Background On November 4, 2002 Council enacted By-law #6052/02 to authorize the execution of a License Agreement with Sun-Glo Marketing for the operation of a Pro Shop at Don Beer Arena. The agreement was subsequently extended by Council to April 30, 2009. During this time, the corporate name of the lessee changed to XPRT Marketing & Promotions. Report OES 49-09 December 14, 2009 Subject: Don Beer Arena Pro Shop Page 2 02 XPRT Marketing & Promotions have requested to renew this agreement again for a further year The renewal agreement allows for XPRT Marketing & Promotions to continue to operate the Don Beer Pro Shop from September 1, 2009 to April 30, 2010. XPRT Marketing & Promotions are currently paying the monthly fee of $350.00 per month for 8, months. The Director, Operations & Emergency Services and the Division Head, Culture & Recreation recommend that a renewal agreement be initiated with XPRT Marketing & Promotions. Attachments: Draft Agreement Prepared By: Approved / Endorsed By: Tony Prevedel Everett Efa6isma Division Head, Facilities Operations Director, Operations & Emergency Services TP:mld Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council Thomas J. u', ri, Chief Administ ive Officer CORP0227-07/01 revised ATTACHMENT# p TO REPO RT#~4q -0 of 03 THIS CONCESSION LICENCE AGREEMENT is made as of September 1, 2009. BETWEEN: WILLIAM (BILL) DAWSON, carrying on business as XPRT MARKETING & PROMOTIONS ("XPRT") and THE CORPORATION OF THE CITY OF PICKERING (the "City") WHEREAS the City is the owner of the Don Beer Arena; AND WHEREAS XPRT wishes to operate a pro shop in the arena. NOW THEREFORE the parties agree as follows: Definitions 1. In this Agreement, (a) "Arena Pro Shop" means the facility for the supply, rent or sale of items and services relating to ice hockey, skating, figure skating and ringette located in the Don Beer Arena owned by the City located at 940 Dillingham Road in the City of Pickering; (b) "Director" means the Director of the City's. Operations and Emergency Services or a designate; and (c) "term" means the term of this Agreement, including any renewal, as set out in Section 2. Term 2. (1) The City grants to XPRT the right to operate the Arena Pro Shop for the-purpose of supplying, renting or selling items. and services relating to ice hockey, skating, figure skating and ringette during the months of September to April, both inclusive, for the period beginning September 1, 2009 and ending April 30, 2010. XPRT shall not be permitted to sell any products sold in the snack bar concession. (2) Either XPRT or the City may terminate this Agreement prior to its expiry by giving 90 days written notice to the other. ATTACHMENT# TO REPORT# XPRT Marketing Arena Pro Shop Agreement -~Qf s Page 2 04 Fees 3. XPRT shall pay to the City the sum of $2,800.00 in equal monthly installments of $350 on the first day of each of the 24 months (September to April) of the term of this agreement. Operation 4. (1) XPRT shall operate the Arena Pro Shop during the term, keeping it open to the public every day, between, (a) 5:00 p.m. and 10:00 p.m. Monday through Friday; and (b) 7:00 a.m. and 9:00 p.m. Saturday and Sunday, subject to the alteration for holidays or other reasons.only with the prior written approval of the Director. (2) In no event shall the Arena Pro Shop be open before 7:00 a.m. or after 11:00 p.m. on any day. (3) XPRT.shall supply all equipment required for the operation of the Arena Pro Shop at its expense. (4) The City shall provide electrical power for the operation of the Arena Pro Shop at its expense. (5) XPRT shall pay all realty, business or other taxes or rates that may be levied against the lands upon which the Don Beer Sports Arena is located, against the Arena Pro Shop or against XPRT as a result of its operation of the Arena Pro Shop. (6) XPRT shall comply with all reasonable standards set by the Director for the operation and maintenance of the Arena Pro Shop in keeping with the standards set for the operation and maintenance of the facility in which it is located. Insurance 5. Prior to occupying the Arena Pro Shop, XPRT, at its own expense, shall provide, (a) comprehensive general public liability insurance, identifying the City as an additional insured, including coverage for personal injury, contractual liability, tenant's legal liability, non-owned automobile liability, death and property damage, on an occurrence basis with respect to the business carried on at the Arena Pro Shop and XPRT's use and occupancy of the Arena Pro Shop, with coverage for any one occurrence or claim of not less than $2,000,000, which insurance shall protect the City in respect of claims by XPRT as if the City was separately insured; 2 A'.7ACHMENT#._1- TOREPORT# a gq--097 XPRT Marketing Arena Pro Shop Agreement of S- Page 3 05 (b) insurance in respect of fire and other perils covering the leasehold improvements, trade fixtures, furniture and equipment in the Arena Pro Shop. for not less than the full replacement cost thereof; and (c) a certificate of insurance coverage in a form satisfactory to the City, prior to XPRT occupying the Arena Pro Shop, which insurance coverage. shall be kept in full force and effect throughout the term. 6. XPRT shall not do or omit. or permit to be done anything which causes any insurance premium of the City to be increased, and if any insurance premium shall be so increased, XPRT shall pay to the City forthwith upon demand the amount of such increase. If notice of cancellation or lapse shall be given respecting any insurance policy of the City or if any insurance policy shall be cancelled or refused to be renewed by an insurer by reason of the use or occupation of the Arena Pro Shop, XPRT shall forthwith remedy or rectify such use or occupation upon being requested to do so in writing by the City and if XPRT shall fail to do so the City may, at its option, terminate this Agreement forthwith by notice to XPRT and XPRT shall immediately vacate the Arena Pro Shop. Liability of the City 7. The City shall not be liable to XPRT for any loss of or damage to the Arena Pro Shop or any equipment or inventory in it, whether caused by fire, theft, burglary or otherwise, unless such loss or damage was caused by the negligence of the City, its servants, agents or employees. 8. XPRT shall indemnify the City and each of its servants, employees and agents from and against all actions, suits, claims and demands which may be brought against any of them, and from and against all losses, costs, charges, damages and expenses which may be sustained by any of them as a result of XPRT's use and occupation of the Arena Pro Shop. Default 9. If at any time XPRT is in default in the performance of any of the obligations under this Agreement and such default continues for 15 days after the receipt by XPRT of notice from the Director setting out the particulars of such default, the City shall have the right to terminate this Agreement forthwith and thereupon all the rights of XPRT under this Agreement shall immediately cease and the City shall not be liable for payment to XPRT of any moneys whatsoever by reason of such termination. 10. If any outstanding fees are not paid as required by this Agreement, the City shall be entitled to retain and dispose of any equipment installed in the Arena Pro Shop in order to satisfy the outstanding fees and the costs of collecting them. 3 k(,hMENT# TOREPORT#16-6S XPRT Marketinq Arena Pro Shop Agreement Page 4 06 General 11. The Director shall have the right to enter the Arena Pro Shop at any time for any reason provided all reasonable efforts are made to minimize any disruption to XPRT's use of the Arena Pro Shop. 12. XPRT shall not exhibit or allow to be exhibited in the Arena Pro Shop any sign, notice, notice board, painting, design or advertisement without the prior consent of the Director. 13. This Agreement shall not be assignable by XPRT without the consent of the City, which consent may be arbitrarily refused. 14. This Agreement shall ensure to the. benefit of and be binding upon the parties and their 'respective successors and permitted assigns. 15. No amendment to this Agreement shall be effective unless it is in writing and signed by both parties. 16. (1) Any notice to the City under this Agreement shall be in writing and shall be delivered to the following address: Pickering Civic Complex One The Esplande Pickering, Ontario L1V 6K7 Attention: City Clerk (2) Any notice to XPRT under this Agreement shall be in writing and shall be delivered to the following address: XPRT 1161 Cedarcroft Crescent Pickering, Ontario L1X 1R9 Attention: Bill Dawson (3) Notice shall be sufficiently given if delivered in person or sent by registered mail or sent by facsimile transmission during normal business hours on a business day. (4) Each notice sent shall be deemed to have been received on the day it was delivered or on the third business day after it was mailed. (5) The parties may change their address for notice by giving notice to the other in the. manner provided in this section. 4 Al CkMENT#-J TOREPORT# OES74-q-o~ XPRT Marketing Arena Pro Shop Agreement of Page 5 07 IN WITNESS WHEREOF the parties have signed this Agreement. I WILLIAM (BILL) DAWSON, carrying on business as XPRT MARKETING & PROMOTIONS. THE CORPORATION OF THE CITY OF PICKERING David Ryan, Mayor Debbie Shields, (Acting) Clerk 5