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HomeMy WebLinkAbout2002-140 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2002- 140 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Grace Featherstone, Newcastle, Ontario, for the lease of Concession Space, Orono Park. 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, Grace Featherstone, Newcastle, Ontario and said Corporation; and 2. THAT the contract attached hereto as Schedule "C" form part of this By-law. By-law read a first and second time this 16tbay of $epte2 16th September By-law read a third time and finally passed this day of , 2002. Z ZAL40�__-' ZJohn , Mayor atti am unicipal Clerk Schedule "A" Cran* Leading the Way gon Municipality of Clarington AGREEMENT FOR THE LEASE OF THE ORONO PARK CONCESSIONS STAND Agreement between: The Corporation of the Municipality of Clarington (the municipality) 40 Temperance Street, Bowmanville, ON L1C 3A6 (905) 623 3379 and Ms. Grace Featherstone (the lessee) 82 Foster Creek Drive, Newcastle, ON L1 B 1 G5 (905) 987 9973 DATED: AUGUST 23, 2002 (.:;Documents and Settings\jp01\Local Settings\Temporary Internet Files\OLK2\OronoPkConcessions.doc Appendix "A" As per the terms, conditions and specifications outlined this agreement is between the Municipality of Clarington (the Lessor) and Mrs. Grace Featherstone (the lessee), o/a Hot Diggitty Dog, 82 Foster Creek Drive, Newcastle, Ontario, L1 B 1 G5, for the period August 23, 2002 to October 31, 2002 for the operation of a concession at Orono Park , 61 Princess Street, Orono, Ontario for an annual rental fee of$2,00 payable to the Municipality of Clarington. This agreement may be extended for an additional thirty (30) days upon approval by the Director of Community Services. The Lessee agrees: 1) not to assign or sublet all or any portions of the business or interest herein (without leave and such consent may, be arbitrarily refused by the Municipality); 2) not to sell or allow the sale of any intoxication or alcoholic beverages or any fermented ale, wine, liquor, or spirits; 3) to preserve the Concession Booth 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 Municipality; all employees shall be well groomed, clean and neat at all times; 5) 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; 6) to accept the Concession Booth in the condition on which he finds at the commencement of the agreement; 7) to maintain, the Concession Booth, equipment, to conduct business at a high level of neatness and cleanliness to lease the Concession Booth in a neat and tidy condition and in a good state of repair at the expiration of the agreement; 8) Service: The operation of the Concession outlet shall be what is known as a single service, that is everything that is sold is in or on a disposable container or wrapper, provided that all prepared foods such as sandwiches, baked goods and similar items must be fresh daily and subject to inspection by the Municipality at any time. All peanuts, popcorn, candy and similar goods to be fresh and of high quality. Whenever candy is sold, minimum-prices sizes are to be featured and displayed prominently in plain view of the patron. To provide a good standard of service to the public patronizing the Concession and the Municipality is to be the sole judge as to the adequacy of the said service, with power to order such changes or alterations as he, in his discretion, may deem desirable. All beverages commonly known as soft drinks will.be dispensed in paper or plastic containers (or cans) and that no glass bottles will leave the mobile or concession stands. 9) Operator's Equipment: To supply all paper plates, napkins and paper cups and all other items and materials normally used in an operation of this type. To equip the Concessions by supplying and installing all equipment necessary for the successful opation of the Concession. All the equipment used must be of a contemporary design and appearance and constructed of good quality material to the satisfaction and approval of the Municipality. The installation of all electrical appliances shall be approved by the Ontario Hydro Inspection Service, and the installation of gas appliances shall be approved by the Enbridge Consumers Gas Company. C:\Documents and Settings\jp01\Local Settings\Temporary Internet Files\OLK2\OronoPkConcessions.doc Y 10) Operation of Outlet: All refreshments and food offered for sale shall be stored in proper and sanitary containers, all refreshment and food exhibited for sale shall be covering in showcases or other suitable containers. Wrap all prepacked sandwiches, cakes and other similar products in approved cellophane or similar transparent wrapping. Only individual cream containers as supplied by the distributor shall be used. Cream dispensers shall not be allowed. To operate the concession and perform all work in connection therewith in a wormanlike manner, complying with all public health regulations to the satisfaction of the Medical Officer of Health and of the Municipality. 11) Vending Machines: Not to offer any food for sale by automatic vending machines except at the discretion of the Municipality. 12) to pay in advance the accepted rate on the first of each month during the life of the agreement; 13) to abide by all rules and regulations approved by the Municipality of Clarington, Locat authorities, and all provincial and federal regulations; 14) 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; 15) 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 Condition 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: 16) on the termination of the Agreement, the Lessee shall remove at his expense all equipment which he has provided at the Concession Booth in accordance with an itemized at the commencement of each succeeding year; 17) 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 Concession Booth at any time provided the business of the Operator is not unreasonably disrupted; 18) to refrain from putting up or exhibiting upon any part of the Concession Booth 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; 19) 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. Date: Ms. Grace Featherstone (I have the authority to bind the company) Date: Witness Date: John Mutton, Mayor Date: Patti L. Barrie, Municipal Clerk H:\LEASES\OronoPkConcessions.doc • Leading the Way August 16, 2002 Mrs. Grace Featherstone 82 Foster Creek Drive, COPY Newcastle, ON L1B 1G5 The Community Services Department grants permission to Mrs. Grace Featherstone, owner and operator of Hot Diggitty Dogs o/a hot dog cart, to offer concessions services at the Orono Park from the period 8:00 a.m. on August 16, 2002 to 11:59 p.m. on August 18, 2002 provided the operator meets all terms and conditions as per the attached Appendix A. This permission is based on a one-time-only and does not imply future privileges beyond the above term. Joseph P. Caruana, Director Community Services Department t f 'na+I •AEia. cc Franklin Wu, Chief Administrative Officer Fred Horvath, Director of Operations 4 I \,Patti Barrie, Clerk 0 RII QN Lou Ann Birkett, Purchasing Managerr5u" •` F G R R., f 7 e. R 5 1 y. 4 i $ § f rys ;C OR "• It`AT1C}� 0 s cIP�( HE I�#1 � Y (�� �t�.ARI O ' 40 TE ]P2ANCI=: TEET, BOk ►VcVILL TARIt�T I, 9C 3A (905) 33w ` E 2,10h '5+W -VT k AGREEMENT FOR THE LEASE OF THE ORONO PARK CONCESSIONS STAND Agreement between: The Corporation of the Municipality of Clarington (the municipality) 40 Temperance Street, Bowmanville, ON L1 C 3A6 (905) 623 3379 and Ms. Grace Featherstone (the lessee) 82 Foster Creek Drive, Newcastle, ON 1-1131G5 (905) 987 9973 dated: August 16, 2002 hAcs_admin\agreements and leases\Orono concessions Appendix "A" As per the terms, conditions and specifications outlined this agreement is between the Municipality of Clarington (the Lessor) and Mrs. Grace Featherstone (the lessee), o/a Hot Diggitty Dog, 82 Foster Creek Drive, Newcastle, Ontario, L1 B 1G5, for the period August 16, 2002 to August 18, 2002. The Lessee agrees: 1) not to assign or sublet all or any portions of the business or interest herein (without leave and such consent may, be arbitrarily refused by the Municipality); 2) not to sell or allow the sale of any intoxication or alcoholic beverages or any fermented ale, wine, liquor, or spirits; 3) to preserve the Concession Booth 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 Municipality; all employees shall be well groomed, clean and neat at all times; 5) 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; 6) to accept the Concession Booth in the condition on which he finds at the commencement of the agreement; 7) to maintain, the Concession Booth, equipment, to conduct business at a high level of neatness and cleanliness to lease the Concession Booth in a neat and tidy condition and in a good state of repair at the expiration of the agreement; 8) Service: The operation of the Concession outlet shall be what is known as a single service, that is everything that is sold is in or on a disposable container or wrapper, provided that all prepared foods such as sandwiches, baked goods and similar items must be fresh daily and subject to inspection by the Municipality at any time. All peanuts, popcom, candy and similar goods to be fresh and of high quality. Whenever candy is sold, minimum-prices sizes are to be featured and displayed prominently in plain view of the patron. To provide a good standard of service to the public patronizing the Concession and the Municipality is to be the sole judge as to the adequacy of the said service, with power to order such changes or alterations as he, in his discretion, may deem desirable. All beverages commonly known as soft drinks will be dispensed in paper or plastic containers (or cans) and that no glass bottles will leave the mobile or concession stands. 9) Operator's Equipment: To supply all paper plates, napkins and paper cups and all other items and materials normally used in an operation of this type. To equip the Concessions by supplying and installing all equipment necessary for the successful opation of the Concession. All the equipment used must be of a contemporary design and appearance and constructed of good quality material to the satisfaction and approval of the Municipality. The installation of all electrical appliances shall be approved by the Ontario Hydro Inspection Service, and the installation of gas appliances shall be approved by the Enbridge Consumers Gas Company. 10) Operation of Outlet: All refreshments and food offered for sale shall be stored in proper and sanitary containers, all refreshment and food exhibited for sale shall be covering in showcases or other suitable containers. Wrap all prepacked sandwiches, cakes and other similar products in approved cellophane or similar transparent wrapping. Only individual cream containers as supplied by the distributor shall be used. Cream dispensers shall not be allowed. To operate the concession and perform all work in connection therewith in a wormanlike manner, complying with all public health regulations to the satisfaction of the Medical Officer of Health and of the Municipality. 11) Vending Machines: Not to offer any food for sale by automatic vending machines except at the discretion of the Municipality. 12) to pay in advance the accepted rate on the first of each month during the life of the agreement; 13) to abide by all rules and regulations approved by the Municipality of Clarington, Local authorities, and all provincial and federal regulations; 14) 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; 15) 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 Condition 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: 16) on the termination of the Agreement, the Lessee shall remove at his expense all equipment which he has provided at the Concession Booth in accordance with an itemized at the commencement of each succeeding year; 17) 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 Concession Booth at any time provided the business of the Operator is not unreasonably disrupted; 18) to refrain from putting up or exhibiting upon any part of the Concession Booth 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; 19) 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. c-J s. Grace Featherstone ( have the authority to bind the company) Date: x� r `witpos Date: ,%qtr; /��:� -2- Joseph P. Caruana, ` ��' Director of Community Services Department ' r�+uc rlc 9TAW FARM CERTIFICATE OF INSURANCE Thi ® STATE FARM FIRE AND CASUALTY COMPANY,Bloomington,Illinois ❑ STATE FARM GENERAL INSURANCE COMPANY,Bloomington,Illinois In ng policyholder for the coverages indicated below: Name of policyholder Grace Featherstone and Frank Dutra Address of poAayholder 82 Foster Creek Dr Newcastlg�On_tario LIB 1G5 Location of operations 82 Foster Creek Dr Newcastle, L19 1G5 Description of operations Business Polio The policies listed below have been Issued to the pal Icy older for the policy perkk s shown.-The Insurance des ri n these polidii is sub ect to all the terms exclusions and conditions of those policies.The limits of liabi shown ma have been reduced any paid claims. POLICY NIUM13ER TYPE OF INSURANCE POLIMPEMB LIMITS OF LUU31UTY Effective Date Iradon Date -tat nn of od Comprehens ve BODILY INJURY AND 1709—FO91 Business Liabili 08 16/02 1 08/16/03 PROPERTY DAMAGE This insuranoe IncludiiF: products-Completed Operations ©Contractual Liability ❑Underground Hazard Coverage Each Ocamenoe $ 1000.000 ®Personal Irdury ®Advertising INury General Aggregate $2000000 []Exploslon Hazard Coverage Products-Completed ❑Collapse Hazard Coverage Operations Aggregate $2000000 ❑General Aggregate Limit applies to each project additional insur d EXCESS LIABILITY POU PEPUOD BODILY INJURY AND PROPERTY DAMAGE Effeect"Data tcx kadon Data (Combined Single Limit) [3 Umbrella Each occurrence $ Other Aggrgqate $ Part 1 STATUTORY Part 2 BODILY INJURY Workers'Compensation and Employers Liability Each Accident $ Disease Each Employee $ Disease-Polig Limit $ POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD LIMITS OF UABI Effective Deb don Date lot boonning of poligy period) If any of the bed policlo are canoeled 5efore Its expiration date, State Farm will try to mall a written notice to the certificate holder 15 days before cancellation. If, however,we fail to mad such notice, no obligation or liability will be loposed, on State Farm or its agents or represe Name and Address of Certificste Holder The Municipacity of Clarington S' epr�eentatiw 40 Temprance St Two // Bowmanvill.e, Ontario L1C 3A6 1 'L6:z Date John W. fisher 1709 Sciforough F093 1 NO.R02101 • Leading the Way LICENSE MUNICIPALITY OF CLA"NGTON To All Whom it May Concern: This License is granted to GRACE FEATHERSTONE and GEMMA MEYER,to operate a REFRESHMENT CART, Licence#32 at Orono Park within the limits of THE MUNICIPALITY OF CLARINGTON, REGION OF DURHAM. Provided the said REFRESHMENT VEHICLE OWNER/BROKER shall duly observe all such By-laws,Rules and Regulations enacted by the Municipal Council of the MUNICIPALITY OF CLARINGTON to govern within their jurisdiction. This license is in force for December 31,2002. Issued at THE MUNICIPALITY OF CLARINGTON,this 161'day of August, 2002. RECEIVED FROM: Grace Featherstone/Gemma Meyer THE SUM OF: 0.00 The full ount pa ble on this License P tti L. e, .C.T. Municipal Clerk tom, J i Leading the Way MEMO TO: Marie P. Knight Stanley, Deputy Clerk FROM: Lou Ann Birkett, C.P.P., A.M.C.T., Purchasing Manager DATE: Monday, September 9th, 2002 RE: AGREEMENT FOR LEASE OF ORONO PARK CONCESSION Please find enclosed one (1) fully executed contract document for the above noted lease. Thank you, Lou nn Birkett LAB/km CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169 • arm n Leading the Way Municipality of Clarington AGREEMENT FOR THE LEASE OF THE ORONO PARK CONCESSIONS STAND Agreement between: The Corporation of the Municipality of Clarington (the municipality) 40 Temperance Street, Bowmanville, ON L1 C 3A6 (905) 623 3379 and Ms. Grace Featherstone (the lessee) 82 Foster Creek Drive, Newcastle, ON L1 B 1 G5 (905) 987 9973 DATED: AUGUST 23, 2002 ciff;WMIR Leading the Way WLEASES`OronoPkConcessions.doc Municipality of Clarington EXECUTED CONTRACT r * � Appendix "A" As per the terms, conditions and specifications outlined this agreement is between the Municipality of Clarington (the Lessor) and Mrs. Grace Featherstone (the lessee), o/a Hot Diggitfy Dog, 82 Foster Creek Drive, Newcastle, Ontario, L1 B 1 G5, for the period August 23, 2002 to October 31, 2002 for the operation of a concession at Orono Park , 61 Princess Street, Orono, Ontario for an annual rental fee of$2,00 payable to the Municipality of Clarington. This agreement may be extended for an additional thirty (30) days upon approval by the Director of Community Services. The Lessee agrees: 1) not to assign or sublet all or any portions of the business or interest herein (without leave and such consent may, be arbitrarily refused by the Municipality); 2) not to sell or allow the sale of any intoxication or alcoholic beverages or any fermented ale, wine, liquor, or spirits; 3) to preserve the Concession Booth 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 Municipality; all employees shall be well groomed clean and neat at all times; 5) 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; 6) to accept the Concession Booth in the condition on which he finds at the commencement of the agreement; 7) to maintain, the Concession Booth, equipment, to conduct business at a high level of neatness and cleanliness to lease the Concession Booth in a neat and tidy condition and in a good state of repair at the expiration of the agreement; 8) Service: The operation of the Concession outlet shall be what is known as a single service, that is everything that is sold is in or on a disposable container or wrapper, provided that all prepared foods such as sandwiches, baked goods and similar items must be fresh daily and subject to inspection by the Municipality at any time. All peanuts, popcorn, candy and similar goods to be fresh and of high quality. Whenever candy is sold, minimum-prices sizes are to be featured and displayed prominently in plain view of the patron. To provide a good standard of service to the public patronizing the Concession and the Municipality is to be the sole judge as to the adequacy of the said service, with power to order such changes or alterations as he, in his discretion, may deem desirable. All beverages commonly known as soft drinks will be dispensed in paper or plastic containers (or cans) and that no glass bottles will leave the mobile or concession stands. 9) Operator's Equipment: To supply all paper plates, napkins and paper cups and all other items and materials normally used in an operation of this type. To equip the Concessions by supplying and installing all equipment necessary for the successful opation of the Concession. All the equipment used must be of a contemporary design and appearance and constructed of good quality material to the satisfaction and approval of the Municipality. The installation of all electrical appliances shall be approved by the Ontario Hydro Inspection Service, and the installation of gas appliances shall be approved by the Enbridge Consumers Gas Company. H:\LEASES\OronoPkConcessions.doc v y 10) Operation of Outlet: All refreshments and food offered for sale shall be stored in proper and sanitary containers, all refreshment and food exhibited for sale shall be covering in showcases or other suitable containers. Wrap all prepacked sandwiches, cakes and other similar products in approved cellophane or similar transparent wrapping. Only individual cream containers as supplied by the distributor shall be used. Cream dispensers shall not be allowed. To operate the concession and perform all work in connection therewith in a wormanlike manner, complying with all public health regulations to the satisfaction of the Medical Officer of Health and of the Municipality. 11) Vending Machines: Not to offer any food for sale by automatic vending machines except at the discretion of the Municipality. 12) to pay in advance the accepted rate on the first of each month during the life of the agreement; 13) to abide by all rules and regulations approved by the Municipality of Clarington, Local authorities, and all provincial and federal regulations; 14) 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; 15) 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 Condition 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: 16) on the termination of the Agreement, the Lessee shall remove at his expense all equipment which he has provided at the Concession Booth in accordance with an itemized at the commencement of each succeeding year; 17) 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 Concession Booth at any time provided the business of the Operator is not unreasonably disrupted; 18) to refrain from putting up or exhibiting upon any part of the Concession Booth 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; 19) 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. Date: G' . Grace Featherstone (I have the authority to bind the company) Date: Witness Date: Joh M o , Mayor Date: Pa 4. 5rine, nicipal Clerk H:\LEASES\OronoPkConcessions.doc