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HomeMy WebLinkAboutBy-law 4297/93 TIlE CORPORATION OF THE TOWN OF PICKERING Dy-LAW NO. 4297/93 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 Pickering Recreation Complex Snack Bar Concessions, from September 1, 1993 to August 31, 1996. WHEREAS, pursuant to the provisions of section 207.57 of the Municipal Act, R.S.O. 1990, chapter M.45, the Council of The Corporation of the Town of Pickering may pass by-laws for, amongst 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: 1. 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 Picketing and Picketing Hockey Association Incorporated respecting Picketing Recreation Complex Snack Bar Concessions from September 1, 1993 to August 31, 1996. BY-LAW read a first, second and third time and finally passed this 4th day of August, 1993. Bruce Taylor, Clerk TOWN OF' PICKERiNG APPROVED AS 10 FO[qM LEGAL DEPr. Schedule A THIS CONCESSION LICENCE AGREEMENT made August 4, 1993, pursuant to the provisions of section 207.57 of the Municipal Act, R.S.O. 1990, chapter M.45, BETWEEN: PICKERING HOCKEY ASSOCIATION INCORPORATED hereinafter called "PHA" OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING herein called the "Town", OF THE SECOND PART. WHEREAS the Town is the owner of the Fickering Recreation Complex, which contains certain snack bar concession facilities; and WHEREAS, pursuant to the provisions of paragraph 207.57 of the Municipal Act, R.S.O. 1990, chapter M.45, the Town may operate and manage places or recreation, arenas and similar buildings; and WHEREAS the Town which to retain PI-IA to operate on its behalf certain snack bar concession facilities within the Picketing Recreation Complex. NOW THEREFORE THIS AGREEMENT W1TNESSETH that, in consideration of the mutual covenants and agreements contained herein, the Pm-ties hereto agree as follows: DEFINITIONS 1. In this Agreement, the term, (a) Concessions means, the snack bar concession facilities located in the Pickering Recreation Complex; (b) Department means the Town's Department of Community Services and Facilities; and (c) Pickering Recreation Cornplex means the community recreation centre owned by the Town and located at 1867 Valley Farm Road in the Town of Pickering. TERM 2. The Town grants to PHA the exclusive right to use, occupy and operate the Concessions for a period beginning September 1, 1993 and ending August 31, 1996. FEE 3. (1) Within the seven days immediately following the end of each calendar month of the term hereof, PHA shall determine, from cash register tapes or other similar documentation, the gross dollar sales (excluding provincial sales tax and federal goods and services tax) during the month at the Concessions and shall forward that determination to the Town's auditor. (2) Within the fifteen days immediately following the forwarding of the determination, PI-IA shall pay to the Town a fee equal to 15% of the gross dollar sales determined, plus federal goods and services tax thereon; (3) If a dispute arises between the Parties concerning the determination of gross dollar sales, the exclusion of tax, or the fee payable hereunder, the Parties shall employ and auditor acceptable to each of them to resolve the dispute; if the Parties cannot agree upon an auditor, the dispute shall be resolved in accordance with the Arbitrations Act. OPERATION 4. PHA, its servants, agents and employees, shall, (a) comply strictly with all applicable by-laws, rules and regulations governing the conduct and operation of the business of the Company and of the Town; (b) operate the Concessions during the times and on the days agreed to by the Department; (c) keep accurate books and records of the operation of the Concessions and allow a representative to 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 Liabi/ity Insurance Policy in the amount of $1,000,000 is in place in a form satisfactory to the Town, naming the Town as an insured and indemnifying the Town from any loss arising from claims for damages, injury or otherwise in connection with the operation of the Concessions; (e) obtain all necessary permits, licences and approvals; (f) keep the Concessions in good repair and maintain the Concessions and equipment therein and related thereto at a high level of cleanliness; (g) leave the Concessions in a neat and tidy condition at the end of the Term and repair or replace any damages to the Concessions except reasonable wear and tear; (h) obtain the approval of the Depa~'hl~ent before altering, adding to or varying in any way all or any part of the Concessions, make any approved alteration, addition or variation at PI-IA'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 Concessions, including but not limited to providing uniformed employees to operate the Concessions; (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 PHA; and (k) comply with and conform to certain provisions of the agreement dated June 21, 1993 between the Town and Coca-Cola Bottling Ltd., which provisions are set out in Schedule A hereto and form part of this Agreement. LIABILITY OF THE TOWN 5. The Town shall not be liable to PHA for any loss of or damage to the Concessions 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. EARLY TERMINATION 6. (1) The Town may terminate this Agreement at any time and remove PHA from possession of all or any part of the Concessions without notice, and PHA shall not be entitled to compensation therefor or to claim from the Town any amount for such termination or removal. (2) If this Agreement is terminated by the Town pursuant to subsection (1), all outstanding fees shall immediately become due as ff the date of termination were the end of a calendar month. (3) 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 Concessions in order to satisfy the outstanding fees and the costs of collecting same. ASSIGNMENT, BINDING NATURE AND BENEFIT HEREOF 7. (1) This Agreement is not assignable by PHA without the consent of the Town, which consent may be arbitrarily refused. (2) 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 aff'zxed their respective corporate seals attested to by the hands of its authorized officers. SIGNED, SEALED AND DELIVERED PICKERING HOCKEY ASSOCIATION INCORPORATED Len Quigley, President ,T~asurer THE CORPORATION OF THE TOWN OF PICKERING Wayne Anhurs, Mayor Bmce Taylor, Clerk 3 SCHEDULE A Certain provisions of the Agreement dated June 21, 1993, between the Town (herein referred to as the "Town") and Coca-Cola Bottling Ltd., (therein referred to as the "Company") 1. For the purposes of this Agreement, (a) "Arenas" means the Arenas located at the Picketing Recreation Complex; (b) "Complex" means the Town's Pickering Recreation Complex located at 1867 Valley Farm Road, Picketing, Ontario; (c) "Event" means any scheduled or rescheduled sporting event, sporting competition or sporting contest conducted in either of the Arenas; (d) "Soft Drink Beverages" means, (i) all carbonated and non-carbonated soft drink beverages; (ii) all syrups from which carbonated and non-carbonated soft drink beverages may be prepared for immediate consumption by the addition of carbonated or non-carbonated water; and (iii) all carbonated and non-carbonated fruit drinks, machine-vended fruit juices, potable waters and any other non-alcoholic beverages for immediate consumption, including all syrups and preparations from which the same may be prepared; (e) "Soft Drink Beverages of the Company" means those Soft Drink Beverages which from time to time are manufactured, sold or distributed by the Company; (f) "Soft Drink Dispensing Equipment" means those devices for the dispensing or storage of soft drink beverages more particularly described in Schedule A hereto and such further similar devices supplied by the Company pursuant to this Agreement; (g) "Term" means the term of this Agreement which shall commence at 6:00 am on July 1, 1993, and shall expire at midnight on June 30, 2003. ADVERTISING - HOCKEY SCOREBOARD. TIME-OF-DAY CLOCK AND MENU BOARDS 2. (1) During the Term, the Company shall have the exclusive right to place advertising, at its cost, on the hockey scoreboard, the clock and the menu boards by decorating them in full colour with advertising material for one or more of the Soft Dfmk Beverages of the Company and may change the advertising material from time to time during the Tenn. (2) The Company shall, at its cost, maintain and repair the advertising in good and attractive order, normal wear and tear only excluded. 3. The Town shall not permit any commercial signage or messages other than the advertising material of the Company to be placed on the ice re-surfacing unit, the hockey scoreboard, the clock or the menu boards. 4. The Town shall' not permit any advertising, promotion or mention of any nature or description, whether visual or oral (including the public address system in the Arenas), of any Soft Drink Beverage which is not a Soft Drink Beverage of the Company in or about the Complex including its structures, hallways, concourses or at any outside entrances to the Complex and regardless of whether or not it is within the view or hearing of any existing or future spectator seat in the Complex, save and except where necessary to describe a team or a member of a team that is sponsored by a Soft Drink Beverage company other than the Company. 5. The Town shall not grant to any manufacturer, bottler or supplier of Soft Drink Beverages, other than Soft Drink Beverages of the Company, the right to associate itself or its Soft Drink Beverages with the Complex or any part thereof in any manner directly or by implication. 4 ~;OFF DRINK DIspENsING EOUIPMENT 6. The Town, at its cost, shall keep the Soft Drink Dispensing Equipment in good repair, condition and working order and shall furnish any parts required to keep it in good mechanical and working order. 7. Without the prior written consent of the Company, the Town shall not make any alterations, additions or improvements to the equipment; all alterations, additions and improvements made to the equipment shall belong to and become the property of the Company upon the making of the alteration, addition or improvement. 8. The Soft Drink Dispensing Equipment shall be used by the Town only in the Complex and shall not be removed therefrom or otherwise disposed of without the prior written consent of the Company. 9. The Company may, at its cost, supply and install such additional or replacement Soft Drink Dispensing Equipment as the Company from time to time considers necessary to service the public demand for Soft Drink Beverages at the Complex at such locations within the Complex as are agreed upon by the Parties; such equipment shall be treated as Soft Drink Dispensing Equipment for the purposes of this Agreement. 10. The Town shall at all times during the Term keep all syrup heads of the Soft Drink Dispensing Equipment properly identified with the appropriate trade marks of the Company relating to the Soft Drink Beverages of the Company actually dispensed through the heads. 11. No Soft Drink Beverages (other than fruit juices) may be supplied, sold or distributed in the Complex from soft drink dispensing equipment other than the Soft Drink Dispensing Equipment of the Company. COMPLEX SOFT DRINK BEVERAGE SUPPLY 12. (1) During the Term, the Company shall be the sole and exclusive supplier of Soft Drink Beverages for sale or complimentary distribution in the Complex and ail parties from time to time selling or distributing Soft Drink Beverages in the Complex shall purchase for resale or distribution at the Complex only the Soft Drink Beverages of the Company at the Company's then prevailing wholesaie prices and trade terms which from time to time may exist, provided always that the said wholesaie prices of the Company shall remain competitive with the wholesale prices which axe from time to time offered by other manufacturers or distributors of nationally known Soft Drink Beverages. (2) The Company shall provide such brands and quantities of Soft Drink Beverages as it considers necessary to service the public demand thereof at the Complex. 13. Notwithstanding any other provision contained herein, the Company shall not be liable hereunder for failure to supply Soft Drink Beverages due to government action, statute, ordinance or regulation; strike 'or other labour disturbance or disruption; fire damage; lack of or inability to obtain materials, labour, fuel or supplies; act of God; or any other cause, contingency or circumstance which is beyond the control of the Company. 14. The employees, representatives and agents of the Company shall be permitted access to the Complex during normal business hours for any purpose provided for or contemplated in this Agreement.