November 13, Spring wood Park Concession rental renewal

Transcription

1 November 13, 2015 MEMO TO: FRED MANSON, CHIEF ADMINISTRATIVE OFFICER FROM: DEBBIE COMIS, DIRECTOR OF ADMINISTRATIVE SERVICES SUBJECT: PURPOSE: SPRINGWOOD PARK CONCESSION AGREEMENT Spring wood Park Concession rental renewal EXECUTIVE SUMMARY: Approval is requested to renew the Springwood Park Concession Rental Agreement with the Parksville Royals Baseball Club for the period January 1, 2016 to December 31, 2018, with an option to extend for a further (2) years. STAFF RECOMMENDATION 1. THAT the report from the Director of Administrative Services dated November 13, 2015, entitled "Springwood Park Concession Agreement" be received. 2. THAT the Mayor and Corporate Officer be authorized to enter into a rental agreement for the Springwood Park Concession with the Parksville Royals Baseball Club (The Club) for the period January 1, 2016, to December 31, 2018, with a two (2) year extension option, under the following conditions: (a) The Club's contract duration to be three (3) years, with an option to extend for a further two (2) years. (b) The Club be responsible for erecting and dismantling the seasonal outfield fencing at the beginning and the end of the ball season, and that the dates for this work to be coordinated with the Recreation Programmer with the Regional District of Nanaimo Recreation and Parks Department. (c) The Club be responsible for erecting and dismantling of temporary fencing for specific tournaments throughout the ball season, and that the dates for this work to be coordinated with the Recreation Programmer with the Regional District of Nanaimo Recreation and Parks Department. (d) The Club to provide proof of liability insurance of $5,000,000 with the City of Parksville named as the additional insured. (e) The Club to allow all user groups of Springwood Park access to the concession facility in accordance with the proposed 'licence to use' as attached to this report. (f) The Club be responsible that all applicable health regulations are met. (g) The Club be responsible for all costs associated with the concession operation (i.e. electricity, garbage, etc.).

2 Springwood Park Concession Agreement Page 2 of 3 BACKGROUND: The Parksville Royals Baseball Club (the Club), a non profit group, has successfully operated the concession at Springwood Park since In past, competing higher offers by private contractors were declined by Council as it was desirable to have profits from the facility put back into the district's sports groups. The most recent agreement with the Club expires on December 31, On November 27, 2015, the General Manager of the Club advised that the Club was interested in renewing the Springwood Park concession agreement. The Club uses the concession days per year. The remainder of the year they offer the concession use to other sports groups while retaining the coordination of stocking, booking and maintaining the facility. In the past, payment to the City for use of the facility has been based on "in-kind" building and park improvements. It is estimated over the past 15 years that they operated the concession, various park improvements secured by the Club have totalled approximately $70,000. Benefits that have resulted from the Club managing the Springwood Park concession include the following: Equipping the facility with two coolers, three freezers, one microwave, one coffee machine, one hot chocolate machine, two tables and chairs, one stove. Installation of asphalt between the Rotary building and the baseball field and cementing the area between the third base dugout and the end of the concession building, including the bleachers. Securing batting cage compound, dugouts, two tier score booth/score clock, portable batting cage, portable fencing units, etc. Making the concession available to ALL community groups for their functions and fundraising (the concession has been used by minor soccer, softball and baseball, the PDQ Flyers, boy scouts, adult slo-pitch and for the Aboriginal Games). The Club opens the concession 6 pm - dusk upon request, from April to the end of June as a service for park users. The concession has been inspected yearly by the health department and has received noteworthy inspections of proper operation. As in the past, the Club has committed to continue to provide "in kind" support where required. OPTIONS: 1. Choose not renew the Springwood Park Concession Agreement with the Parksville Royals Baseball Club and refer the matter back to staff for a recommended course of action. 2. Renew the Springwood Park Concession Agreement with the Parksville Royals Baseball Club for three years with the option for it to be extended for an additional two years.

3 Springwood Park Concession Agreement Page 3 of 3 ANALYSIS: 1. Choosing not to renew the agreement with the Parksville Royals Baseball Club would result in the loss of considerable experience, continuity of service and opportunity for fundraising provided to other sports groups by the Parksville Royals Baseball Club. 2. Renewing the Springwood Park Concession Agreement with the Parksville Royals Baseball Club ensures that all sports groups utilizing Springwood Park would have access to the concession. Past rental arrangements with the Royals have been successful. Other user groups have benefitted from the use of the concession and the District 69 Sports Council is supportive of continuing the arrangement. FINANCIAL IMPACT: While there may be an opportunity for more rental revenue, if Council chooses to go to public proposal calls, as opposed to sports groups, the Royals along with other District 69 sports teams would be excluded from any profits. Respectfully submitted, DEBBIE COMIS Director of Administrative Services!:\Users\ADMINISTRATION\File Hee Management \Agreements in SeClire Stor<ige \Lease Agreements\Springwood Concession\Report to Council docx DIRECTOR OF OPERATIONS COMMENTS: CHIEF ADMINISTRATIVE OFFICER COMMENTS:...,:.;;,,. FRED C. MANSON, CGA Chief Administrative Officer

4 LICENCE TO USE the Concession at Springwood Park, Parksville, BC BETWEEN: Parksville Royals Baseball Club (the "Ten ant") AND: (the "User") WHEREAS: A. the Tenant leases the Concession at Springwood Park in Parksville, British Columbia (the"concession") from the City of Parksville (the "Lease"); B. the Lease allows for the use of the Concession by other user groups, including the User; C. the User wishes to use the Concession; In consideration of the Tenant allowing the User access to and the use of the Concession, the Tenant and User covenant and agree as follows: I. The Tenant grants to the User the right to use the Concession and the equipment therein (the"equipment") on (the "Term"); 2. The User covenants and agrees with the Tenant: a) the User is solely responsible to inspect the Concession and the Equipment prior to their use of the same and to ensure that the Concession and Equipment is in a good and proper working order and is fit for the purposes of its intended use by the User; b) at all times during the Term, to keep the Concession clean of all rubbish and debris; c) Upon the termination of this Licence, at the cost of the User: I. to remove all of the User's property and all garbage, debris and rubbish from the Concession; 2. to clean the Concession and Equipment to the Tenant's satisfaction; and 3. to leave the Concession and Equipment in the condition it was in prior to the User's use of it, excepting reasonable wear and tear; d) To maintain, at the User's cost, and furnish evidence to the Tenant of general liability insurance in an amount of not less than five million ($5,000,000.00) per occurrence and aggregate, in respect of injury or death to one or more persons or property damage occurring in or around the Concession, that are directly or indirectly a result of the User's use of the Concession, including without limitation the supply of food, drinks and products by the User; e) To abide by and comply with all laws, rules and regulations of every federal, provincial, municipal or other authority which relates to or affects the use of the Concession by the User, including, without limiting the generality of the forgoing, the User is solely responsible to ensure that it complies and its use complies, at all times during the use of the Concession by the User, with all regulations and policies

5 concerning the storage, use, preparation and supply of food and food stuffs and that all required Food Safe certificates are in place; f) To indemnify the Tenant and the City of Parksville and to save them harmless from any and all liability, damages, costs, claims and causes of actions, and any and all financial consequences of any such liability or alleged liability, including legal fees, whatsoever and howsoever arising from: 1. any breach or violation of any of the User's obligations under this licence agreement; 2. any injury or death to one or more persons, or damage to any property, howsoever caused by the User's use of the Concession, including, without limitation, the supply of food, drinks or other products; 3. any injury or death to one or more persons or property damage occurring in or around the Concession that are directly, or indirectly, a result of the User's use of the Concession; and 4. all costs, charges or damages to which the Tenant may be put or suffer by any reason of the breach by the User of any such law, rule or regulation federal, provincial, municipal or other authority which relates to or affects the use of the Concession; and g) Not to make or do any alterations to the Concession without the prior written approval of the Tenant and City of Parksville; 3. The User further covenants with the Tenant that ifthe User shall violate or neglect any covenant, agreement or stipulation herein contained on its part to be kept, performed or observed, then and in any such case the Tenant, may, at its option, immediately cancel and annul this Licence and the User shall forthwith vacate the Concession. 4. This Licence shall be construed and governed by the laws of the Province of British Columbia. Should any provision of this Licence be illegal or not enforceable it shall be considered separate and several from the Licence and the remaining provisions shall remain in force and be binding upon the parties hereto. 5. This Licence shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors and permitted assigns. IN WITNESS WHEREOF the User has hereunto set their hands and seals on the by its authorized signatory: IN WITNESS WHEREOF the Parksville Royals Baseball Club has hereunto set their hands and seals on the by its authorized signatory: