Loading...
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.