HomeMy WebLinkAbout94-107
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 94-107
Being a By-law to authorize a contract between
Mark Van-Hout in respect of the Operation of
the Pro Shop located at the Bowmanvi11e
Recreation Complex.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOLLOWS:
THAT the Mayor and Clerk are hereby authorized to execute, on
behalf of the Corporation of the Municipality of C1arington, and
seal with the Corporation Seal, a Contract between Mark Van-Hout
and said Corporation, which is attached hereto and marked Schedule
"B" .
By-law read a first and second time this 11th day of July, 1994.
By-law read a third time and finally passed this 11th day of July,
1994.
Deputy
'lM~-exfdfM#/L)
ayor
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C1er 7-
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SCHEDULE liB II
As per the terms, conditions and specifications outlined in Q93~l4 (Appendix
"A"), this agreement is between the Municipality of C1arington (the Lessor)
and M. Van Hout the (the Lessee) f~or the '1993-1994 and 1994-19"',5 seas. on. s
expiring on or about June 30, 1991i'. ~ ~H_"';)'" .__.
~. }1J' . ,...- l~.......... "'--''-' ~
The Lessee agrees;
1)
2)
3)
4)
5)
6)
7)
B)
9)
10)
ll)
12)
not to assign or sublet all or any portion of the business or interest
herein (without leave and such consent may, be arbitrarily refused by
the Corporation);
not to sell or allow the sale of any intoxication or alcoholic beverages
or any fermented ale, wine, liquor, or spirits;
to offer for sale goods directly related to recognized and approved
recreational activities, a list of goods and prices will be submitted to
the Municipality for approval by the Director of Community Services
prior to offering goods or changing of prices;
to preserve the Pro Shop in good order and to prevent any unlawful
pursuits;
the lessee shall serve the public promptly and efficiently and in a
manner satisfactorily to the Municipality, all employees shall be well
groomed, clean and neat at all times, the Lessee must provide competent
supervision of the skate sharpening;
to furnish a Public Liability Policy valid for the Province of Ontario.
Such policy shall have inclusive limits of not less than one million
dollars for bodily injury, property damage resulting from any occurrence
and will provide adequate insurance coverage with respect to any damage
or loss by fire or loss by burglary of any stock or equipment of the
Lessee upon the premises. The Lessee will indemnify and keep
indemnified the Corporation from and against all actions, suits, claims,
and demands whatsoever which the Lessor may bear, sustain, be at or put
onto for or by reason of, or on account of, any injury or death of
persons and or damage to property arising out of or incidental to the
Lessee's occupancy of the premises of their operations of the use of any
right of way over any portion of the premises demised;
to accept the Pro Shop in the condition on which he finds at the
commencement of the agreement;
to maintain, the Pro Shop, equipment, to conduct business at a high
level of neatness and cleanliness to leave the Pro Shop in a neat and
tidy condition and in a good state of repair at the expiration of the
agreement;
to pay in advance the accepted rate on the first of each month during
the life of the agreement;
to abide by all rules and regulations approved by the Municipality of
C1arington, Local authorities, and all provincial and federal
regulations;
to submit written evidence for Workers' Compensation Board that they
have complied with the requirements of the Workers' Compensation Act and
is in good standing under the said act;
that upon breach of any of the express terms and conditions of the
agreement, the Municipality of C1arington may, in addition to any other
remedy cancel the agreement, and upon receipt by the Bidder of notice of
cancellation the Agreement shall be null and void. However, the failure
of the Municipality of Clarington to insist in one or more instances
upon the performance of the bidder of any of the Terms and Conditions of
the Agreement shall not be construed as a waiver of the future
performance of any such Term or Condition and the obligations of the
Bidder shall continue in full force and effect;
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13) on the termination of the Agreement the Lessee shall remove at his
expense all equipment which he has provided at the Pro Shop in
accordance with an itemized list which shall be submitted at the
commencement of the Agreement and revised at the commencement of each
succeeding year;
14) during the last two months of the Agreement or at anytime that the
Lessee may be in default of the covenants, Terms and provisions hereof,
the Corporation shall have the right to show the Pro Shop at anytime
provided the business of the Operator is not unreasonably disrupted;
15) to refrain from putting up or exhibiting upon any part of the Pro Shop
any sign, notice, notice board, painting design or other device
advertising any business undertaking or scheme without having first
obtained the consent in writing of the Municipality;
16) not to use any public address system barker, spieler, hawker, hustler,
crier or any other noisemakers to advertise or attract attention to any
article, ware, product, merchandise, service or function offered for
sale or rent by the Operator;
The Lessor will provide:
1) a service area and lockable shutter door and suitable storage area for
use during the agreement;
2) a schedule of activities for the Complex when deemed necessary;
3) to provide key access to the area when required.
Date.~ \3 ~+
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