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HomeMy WebLinkAbout2001-105 t THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2001- 105 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Skate Rite Sharpening, Bowmanville, Ontario, for operation of the Pro Shop at the Garnet B. Rickard Recreation Complex. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington with the Corporation Seal, a contract between, Skate Rite Sharpening, Bowmanville, Ontario and said Corporation; and 2. THAT the contract attached hereto as Schedule "A"form part of this By-law. By-law read a first and second time this 11 day of June, 2001. By-law read a third time and finally passed this 11 day of Junk John n, ayor Patti arri unicipal Clerk SCHEDULE"A" THIS AGREEMENT made the day of 2001. BETWEEN: MUNICIPALITY OF CLARINGTON AND: SKATE RITE SHARPENING, BOWMANVILLE, ON As per the terms, conditions and specifications outlined in Quotation Q98-7 (Appendix"A"), this agreement is between the Municipality of Clarington(the Lessor) and (the Lessee)for the 2001/2002 season expiring on April 30, 2002. 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; 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 Municipality 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 Municipality, all employees shall be well groomed, clean and neat at all times,the Lessee must provide competent supervision of the skate sharpening; 6) to furnish a Public Liability Policy valid for the Province of Ontario. Such policy shall have inclusive limits of not less than two 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; 7) to accept the Pro Shop in the condition on which he finds at the commencement of the agreement; 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 by certified cheque the total annual accepted rate prior to tenancy for the 1998-1999 season and in advance by certified cheque on the anniversary date each year thereafter, 10) to abide by all rules and regulations approved by the Municipality of Clarington, 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'Compensation 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 Municipality of Clarington 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 Conditions and the obligations of the Bidder shall continue in full force and effect; PAGE 1 OF 2 9n4 SCHEDULE "A" AGREEMENT BETWEEN-MUNICIPALITY OF CLARINGTON AND THE SKATE RITE SHARPENING,BOWMANVILLE 13) All Leasehold Improvements (other than Tenant's fixtures)shall immediately upon their placement become the Landlord's property without compensation to the Tenant. Except as may be otherwise agreed by the Landlord in writing, no Leasehold Improvements shall be removed from the Premises by the Tenant either during or at the expiry or earlier termination of the Term. The Tenant may, during the Term, in the usual course of its business, remove its fixtures, provided that the Tenant is not in default under this lease and provided that such fixtures have become excess to the Tenant's needs or the Tenant is substituting new and similar fixtures therefor. The Tenant,at the expiration or earlier termination of the Term, at its cost, (1)shall remove such of the Tenant's fixtures(excluding Leasehold Improvements)and Tenant's personal property in the Premises as the Landlord shall require, (II)shall restore the Premises to the Landlord's then current Building standard (including,without limitation the removal and disposal of any and all hazardous or toxic substances and containers therefore in accordance with all applicable laws and the requirements of all Authorities)to the extent required by the Landlord and (III)shall otherwise peaceably surrender and deliver up vacant Possession of the Premises to the Landlord. The Tenant, at its cost,shall repair any damage caused to the Building or any part thereof by such removal or restoration. If the Tenant does not remove its fixtures and personal property at the expiry or earlier termination of the Term,then, at the option of the Landlord and without prejudice to any other rights or remedies available to the Landlord, the fixtures and personal property shall become the absolute property of the Landlord without payment of any compensation therefore to the Tenant and,without notice to the Tenant, may be removed from the Premises and sold or disposed of by the Landlord in such manner as it deems advisable, all without any liability whatsoever to the Tenant. If the Tenant fails to repair any such damage or complete any work, removal, disposal or restoration referred to in this Section by the expiry or earlier termination of the Term, the Tenant shall be responsible for, and shall indemnify and save harmless the landlord from and against,all expenses, losses and damages caused by such failure, including,without limitation,the damages suffered by the Landlord for loss of use of the Premises and the cost of removing and selling or disposing of such fixtures and personal property and restoring the Premises to the Landlord's then current Building standard. The Landlord's rights and the Tenant's obligations under this Section shall survive the expiration or earlier termination of the Term. 14) 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; 15) during the last two months of the Agreement or at any time 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; 16) 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; 17) not to use any public address system barker, spieler, hawker, hustler, crier or any other noisemaker 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 schedule of activities for the Complex when deemed necessary; and 2) key access to the area when required. Date: Date: Patti L. Barrie, Municipal Clerk John Mutton, Mayor PAGE 2 OF 2 DN:W P5I DATAAEASESi SKATE Y5