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HomeMy WebLinkAbout91-129 f:. 'W THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 91-129 Being a By-Law to authorize a contract between B. Jones in respect of the Operation of the Pro Shop located at the Bowmanville Recreation Complex THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY ENACTS AS FOLLOWS: That the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Town of Newcastle, and seal with the Corporation Seal, a Contract between B. Jones and said Corporation, which is attached hereto and marked Schedule "A". THAT this By-law come into force and take effect on the date of approval from the Ontario Municipal Board. By-Law read a first and second time this 29th day of July 1991. By-Law read a third time and finally passed this 29th 1991. Mayor SCHEDULE "A" TO BY-LAW #91-129 This agreement is between the Town of Newcastle (the Lessor) and B.Jones the (the Lessee) for the 1991-1992 and 1992-1993 seasons expiring ono-r about June 30, 1993. The Lessee agrees~ 1) 2} 3) 4) 5) 6) 7) 8) 9) 10) 11) 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 Town 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 Town, 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 condi tion 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 Town of Newcastle, 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 Town of Newcastle 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 Town of Newcastle 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~ - 2 - 13) on the term.ination 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 ~p 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 Town; 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; ~he 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: B. Jones Date: 5) 6) 7) 8) 9) 10) 11) 12) .' ,;of SCHEDULE "Au TO BY-LAW #91-129 This agreement is between the Town of Newcastle (the Lessor) and B. Jones the (the Lessee) for the 1991-1992 and 1992-1993 seasons expiring on or about June 30, 1993. The Lessee agrees; 1) 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; . 2) 3) to offer for sale goods directly related to recognized and approved recreational activities, a list of goods and prices will be submitted to the Town 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; 4) the lessee shall serve the public promptly and efficiently and in a manner satisfactorily to the Town, 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 ot 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 Town of Newcastle, 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 Town of Newcastle may, in addi tion to any othe.c 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 Town of Newcastle to insist in one or more instances upon the performance of the bidder of any of the Terms and Conditions of the Agreement sha~l not be construed a~ a waiver of the future performance of any such Term or Condition and I the obligations of the Bidder shall continue in full force and effect; ~ ' - 2 - 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 Town; 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 acces's to the area when required. Date: B. Jones Date: Mayor j SCHEDULE "A" TO BY-LAW #91-129 This agreement is between the Town of Newcastle (the Lessor) and B. Jones the (the Lessee) for the 1991-1992 and 1992-1993 seasons expiring on or about June 30, 1993. The Lessee agrees; 1) not to assiqn or sublet all or any portion of the business or interest herein (without leave and such consent may, be arbitrarily refused by the Corporation); 2) not to sell or allow the sale of any intoxication or alcoholic beverages or any fermented ale, wine, liquor, or spirits; 3) to offer for sale goods directly related to recognized and approved recreational activities,' a list of goods and prices will be submitted to the Town for approval by the Director of Community Services prior to offering goods or changing of prices; 4) to preserve the Pro Shop in good order and to prevent any unlawful pursuits; 5) the lessee shall serve the public promptly and efficiently and in a manner satisfactorily to the Town, all employees shall be well groomed, clean and neat at all times, the Lessee must provide competent supervision of the skate sharpening; 8) 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; 9) to pay in advance the accepted rate on the first of each month during the life of the agreement; 10) to abide by all rules and regulations approved by the Town of Newcastle, Local authorities, and all provincial and federal regulations; 11) to submit written evidence for Workers' Compensation Board that they have complied with the requirements of the Workers' Compensatioll Act and is in good standing under the said act; 12) that upon breach of any of the express terms and conditions of the agreement, the Town of Newcastle may, in 'addition to any othe.C' 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 Town of Newcastle to insist in one or more instances upon the performance of the bidder of any of the Terms and Conditions of the Agreement sha~l not be construed a~ a waiver of the future performance of any such Term or Condition and1the obligations of the Bidder shall continue in full force and effect; ~ , - 2 - 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 c.ovenants,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 Town; . 16) not to use any ~ublic 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: B. Jones Date: . . .. SCHEDULE "A" TO BY-LAW #91-129 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) This agreement is between the Town of Newcastle (the Lessor) and B. Jones the (the Lessee) for the 1991-1992 and 1992-1993 seasons expiring onQ): about June 30, 199'3. The Lessee agrees; 1) 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); 2) 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 Town 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 Town, 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 Town of Newcastle, 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 Town of Newcastle may, in addition to any othe.r: 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 Town of Newcastle to insist in one or more instances upon the performance of the bidder of any of the Terms and Conditions of the Agreement sha~l not be construed a~ a waiver of the future performence of any such Term or Condition and1the obligations of the Bidder shall continue in full force and effect; f, ",-' . 4 .'.t v. - :2 - 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 Town; 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: B. Jones Date: c~ Mayor