HomeMy WebLinkAboutBy-law 3869/91T~HE CORPORATION OF THE TOWN OF PICKERIN3~
BY-LAW 3869/91
Being a by-law to authorize the execution of a
Concession Licence Agreement between The
Corporation of the Town of Pickering and T~.S. Food
Service Limited respecting Pickering Recreation
Complex Concessions and Don Beer Arena Machine
Vending Concessions, 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,
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 Pickering 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 Picketing and
T.R.S. Food Service Limited respecting Picketing Recreation Complex Concessions and Don
Beer Arena Machine Vending Concessions 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.
W~yne Artl~rs, May6r --
TOWN OF
PlCKERING
APPROVED
SCHEDULE A
THIS CONCESSION LICENCE AGREEMENT made October 7, 1991,
BETWEEN:
T.R.S. FOOD SERVICE LIMITED
herein called the "Company"
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 Picketing Recreation Complex and the Don Beer Arena, each
of 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 Company to operate on its behalf certain refreshment
facilities within the Picker'mg Recreation Complex and the Don Beer Arena;
NOW THEREFORE THIS AGREEMENT WITNESSETH that, in consideration of the mutual premises
and covenants herein contained, the Parties hereto agree as follows:
In this Agreement, the term,
(a)
(c)
(d)
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, in the case of the Don Beer Axena, the machine vending facilities
located therein, and, in the case of the Pickering Recreation Complex, the snack bar
facilities and the machine vending facilities located therein;
Department means the Town's Department of Community Services and Facilities; and
Pickering Recreation Complex means the community recreation centre owned by the
Town and located at 1867 Valley Farm Road in the Town of Picketing.
The Town grants to the Company the exclusive right to use and occupy the Concession for a
period beginning October 8, 1991 and ending August 30, 1994.
(1)
FEE
Within the seven days immediately following the end of each calendar momh of the
term hereof, the Company 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 Concession and shall forward that
determination to the Town's auditor.
(2) Within the fifteen days immediately following the forwarding of the determination, the
Company shall pay to the Town a fee equal to 8% of the gross dollar sales determined;
-2-
(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 an
auditor acceptable to each of them to resolve the dispute; if the Panics cannot agree
upon an auditor, the dispute shall be resolved in accordance with the Arbitrations Act.
OPERATION
The Company, its servants, agents and employees, shall,
(a)
comply strictly with all applicable by-laws, roles and regulations goveming the conduct
and operation of the business of the Company 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 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 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 Company'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;
(J)
keep and offer for sale the types of refreshments and food ordinarily offered in
community recreation centres and such other refreshmems and food requested by the
Town to promote a healthy lifestyle, if such request is not unreasonable in the opinion
of the Company; and
(k)
comply with and conform to certain provisions of the agreement dated June 20, 1983
between the Town (therein referred to as "Picketing") and T.C.C. Bottling Ltd. (therein
referred to as "CCL"), which provisions are set out in Schedule A hereto and form part
of this Agreement.
LIABILITY OF THE TOWN
The Town shall not be liable to the Company 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)
EARLY TERMINATION
The Town may terminate this Agreement at any time and remove the Company from
possession of all or any part of the Concession without notice, and the Company shall
not be entitled to compensation therefor or to claim from thc 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 ff the date of termination were the end of a
calendar month.
-3-
(3)
If any outstanding fees are not paid in accordance herewith on early termination or at
any other time, the Town shall be emitled to retain and dispose of any equipmem
installed in the Concession in order to satisfy the outstanding fees and the costs of
collecting same.
(1)
(2)
ASSIGNMENT, BINDING NATURE AND BENE~rt HEREOF
This Agreement is not assignable by the Company 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 afftxed thek respective corporate seals,
attested to by the hands of their proper authorized officers.
SIGNED, SEALED & D FJ JVERED
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Brace Taylor, Clerk
T.R.S. FOOD SERVICE LIMITED
SCHEDULE A
Certain provisions of the agreement dated June 20, 1983. between the
Town (therein referred to as sPickerins") and Coca-Cola Ltd., now
T.C.C. Bottling Ltd., (therein referred to as sCCLe)
For the purposes o! this Alreeme. nt:
fi) "Arena' memos the ~owfl of Hcke~n~ Recreil~n ~pl(: Arenaz
lb) '~mplexe melnl the Town of ~cke~nI Recreation ~plex:
(c) 'Evenl' racine ill .cheduled ind rescheduled *perilsI ~venl.. *porUnI
compeUtlonl of i~flini conte~t~ conducted In Ih~ Arenll
(d) '~(I D~nk Beverisee' me&n*.
fl) ~]1 cirbonlted Ind non-cirbonited ~(t drink bever~e~l
(Ii) ~1 ly~pl fr~ which cirbonited *nd non-cirbon~ted ~o(I drink
beveri~ m~y be prepired for Im~dlite con*umplion by the
id~on o( cirbonited or non-c~rbonited w~ter~ ~nd
(Ill) ill cirbonsled ~d non-cirbonited fruit drlnk~, mlchJne-vended
f~lt }ulcel. potible ~llerl. Ind 8ny olher non-iZcoho]lc borer-
:lei for ~medlite ~nlumpIIon, IncludlnI .11 *yrup* sod prep~-
rltion~ fr~ which Ihe ~m* miy be prep:red,
but doel not Include coffee, tel. milk. chocohte milk. non-machine-
vended fruit Juice. beer. iZe. wine. Uquor or liqueur~
(e) ~5oEt Drink Beveri&el of ~' mean* those ~(t ~rink Bevera~e~ which
[rom time to t~me ire minu~ictured, sold or distributed by CCL~
eSoft Drink DJspenlJn~ ~qulpment' meinl those devices more pirticu~arly
de~c~bed in Schedule A. hereto and luch further and other de~,Jcfs
suppUed by CCL Il herein provided;
14.
(Z)
PlckerinS warrants, repreeente end coven&nee to &nd wLt~. CCI, th. et there
ohs1! not at eny time or times during the Term he any sdverll.lng, pro-
motion or menl~n o~ iny nilure o~ description, whelher visual or or~l
(Jncludlns the public iddres* ~ystem In l~e A~enl) o( Any So[t
Beverage which [I not I ~[t Drink ~everage of ~L in or aboul the
~mplex Inciudin~ lt..tructure~, hallways, concourses or at any out~ide
enir~cel to the ~mplex and re~ardle.l o( whether or not it I~ within
the view or hearin~ of any exilllni nr future spectator seat in the Com-
plex, nave and except where necessary to describe a member o~ a team or
a te~m that Is lponsored by a ~oft drink beverage company other th.~
Picketing ehali not grar, t to any manufacturer, bottler or supplier of
Drink BeversEes other than Soft Drink Beverages of CCI, Ihs right to
sssoclate itself or its Soft Drink Bever&t~ee with the Complex or any part
thereof in any manner directly or by implication.
16.
i7.
t9.
20,
CCL at Its own cost and expense, shall keep the Soft Drink Dispensing Equip-
ment in toed repair, condition end workinE order and .hall furnish any parts
required to keep It in toed mechanical and workinG order.
Without the prior written consent o( CCI-, PlckertnG shall not make any al-
terations, &ddiUone or lmprovemente to the ~oft Drink DlspensinG £qulpment;
eli additlono and improvemente made Io the Equipment cheil belonG to and
become the property of C:CL upon the making of the addition or improvement. .
The Soft Drink Dlspenelng Equipment cheil be ueed by PickerlnG only In the
Complex end eh&Ii not be removed therefrom or otherwise disposed of without
the prior written consent of CCI..
In the event that the Soft Drink DispenelnG Equipment le damaged, cold, leased
or otherwise disposed of or removed, or ii' Ihe Complex Is cold or otherwise
dieposod of, or If title to the Complex passed by operation of law to any other
perm)n, CCi, shell st ils option have the right to enter into the Complex or into
any other place where the Equipment may be located and remove it.
CCI. may st its expense, eupply end lnslsl such additional or replacement
non-vendlni Soft Drink DlepenelnS Equipment and ouch replacement vending
Soft Drink DlspensinS Equipment si CCi, from time to time considers necesesry
to service the public demand for Soft Drink Beverages al the Complex et such
IoclUonc within the Complex se Ire mutually ssreed upon by the Psrtieet euch
equipment shell be frosted es Soft Drink Dispensing Equipment for the purposes
of thio Agreement,
PIckerlnll ehall it ell tlmee durinl the Term keep all ,yrup heade of the :5oft
Drink Diipanlini Equipment properly Id~nllll~d with the :pproprt:te
Ihr~ih the head~.
distributed in the CompSex Item io(t drink dilpenlinJ equipment olher Ihss~ the
~ofl Drink DlIpenelnl F.~ulpmenl of CCi,,
Throughout tho Term of thio Agreement CGL abel1 be the isle and excSu-
live luppller of ~o[t Drink Devereeee for eele or complimentary die-
trlbutlon In, the Complex and Ill pirilel (rom time to lime eeUIne or
dletHbut~e ~lt gHnk Beverleee In the Comp]ex iha]l purchase [or
CCL it CCL'I then prev~llnE whole,gig price~ and trade term~ which ~rom
time to time may exllt, provided ~]w~y~ that the i~fd whole~ele prtcce o~
CCL Ihall .remain competitive with the wholeeale prlcee which &re from
Ume to time o~ered by o~er menufacturere or dletrthutor~ o~ n~ttonelly
known ~$ D~k Beveraeee.
GGL Ihell provide ouch brenda and quintttiea of .Soft Drink Beveragee
it considers neceaIary to ~a~tce the pubUc d~m~nd t~or~(or at the
plax and lhmll be entitled to eell ~ft Drink Beverzgee of CCL through
the automatic vendln~ m~chlne~ Included In the ~ft Drink Dlspensin~
Equipment at pHcee determined by CCL ~rom time to time.
The Pirtlee hereto ifree that the empJoyeee~ repreeentatlvee and agentf of CCL
ehell be permitted a¢ceee to the Complex during normal huslne~a hours for any
pul'pole provided for or contemplated In thle Agreement.