BY-LAW NUMBER d Y OF 2010 OF THE CITY OF SARNIA

Transcription

1 BY-LAW NUMBER d Y OF 2010 OF THE CITY OF SARNIA "By -law to authorize an Agreement with Mr. Terry Cope for the operation of a nonmotorized mobile vending cart (hot dog cart) for the calendar years 2010 & 2011" WHEREAS it is deemed expedient that the Corporation of the City of Samia enter into an Agreement with Mr. Terry Cope for the operation of a non-motorized mobile vending cart (hot dog cart) for the calendar years 2010 & NOW THEREFORE the Municipal Council of the Corporation of the City ofsarnia enacts as follows: I. The Corporation of the City of Samia is authorized to enter into an Agreement with in the form of the Agreement a copy of which is annexed to this By-Law. 2. The Mayor and Clerk are authorized to execute such Agreement and to affix to it, the Corporate Seal of the Corporation of the City of Sarnia. 3. This By-law comes into force and effect on the day it is finally passed. FINALLY PASSED this Is\' day of,2010 CLERK

2 Non-motorized Mobile Vending Cart Agreement with Terry Cope, 2010& AGREEMENT made on this \ sf day of M ""-r- c-h BETWEEN: TERRY COPE of234 Front Street, Sarnia (hereinafter called the "Vendor") - and- THE CORPORATION OF THE CITY OF SARNIA (hereinafter called the "City") WHEREAS the Vendor have applied for permission to operate one non-motorized mobile hot dog vending cart described herein on the sidewalk along the west side of Christina Street North, in proximity of the north side of the Parkway Parking Lot, opposite Imperial Oil Centre for the Performing Arts as identified in Schedule "A"; AND WHEREAS the City consents to the Vendor selling such products on the terms and conditions hereinafter set forth. NOW THIS AGREEMENT WITNESSETH that In consideration of the valuable consideration and mutual covenants hereinafter recited the parties hereto agree as follows: 1. DEFINITIONS: (i) "Non-motorized Mobile Vending Cart" - a commercial vending unit which is established at a location on a temporary basis and may change location from time to time by being transported on its own wheels by means of human power, and which is not located in a permanent building or structure and may include, and without limiting the generality to the foregoing, a hot dog cart, ice cream cart, peanut/popcorn cart, but shall not include a chip truck or mobile canteen. (ii) "Outdoor Vending Seasons" - means the calendar years 2010 & Subject to Section 11, the Vendor may have the exclusive right to operate one non-motorized mobile vending carts in Sarnia's Downtown daily for the 2010 and 2011 outdoor vending seasons, on the sidewalk along the west side of Christina Street North, in proximity of the north side of the Parkway Parking Lot, opposite Imperial Oil Centre for the Arts as identified in Schedule "A".

3 Non-motorized Mobile Vending Cart Agreement with Terry Cope, 2010 & No other location shall be used by the Vendor under this Agreement. The location of the vending unit shall not interfere with pedestrian or vehicular traffic to the satisfaction of the Director of Planning and Building. 2. The Vendor acknowledges that the City may permit a total of four non-motorized mobile vending carts for operation in Sarnia's Downtown area during the 2010 & 2011 outdoor vending seasons, as authorized by the City of Sarnia City Council. 3. The Vendor shall pay to the City a $60.00 administration fee payable to the City of Sarnia for each vending unit, prior to the execution of this Agreement. The Vendor is required to obtain additional licenses for the hot dog cart, as required by the City's Clerks Department. 4. The Vendor shall be responsible for the payment of any and all rates, taxes and assessments over and above the said amounts payable to the City, and obtain written approvals from the Lambton Health Unit and the City of Sarnia Fire Department, and any other govermnental body or agency whose approval is needed for the use such equipment as is required for the preparation and sale of their product(s), and shall only operate in accordance with such standards, as may be approved by the aforementioned authorities; and the Vendor shall also be responsible for all retail sales tax and good and services tax remissions required to be made as a result of his activities under this Agreement. 5. The vending unit shall: (i) meet with the approval of the City as to quality and appearance, and for this purpose the Vendor shall provide in advance a photograph or detailed sketch of the vending units to the Director of Planning and Building of the City; (ii) (iii) be equipped with adequate trash receptacles which have a clean appearance and complement the design of each vending unit, and garbage shall be disposed of by the Vendor in a manner satisfactory to the City Works Department; and not be equipped with bells or other sounding device, except as required by law. 6. The Vendor may use hydro at the designated location, provided all necessary arrangements with Bluewater Power for the supply of electrical power are made and the Vendor shall bear the full cost of same.

4 Non-motorized Mobile Vending Cart Agreement with Terry Cope, 2010 & The Vendor shall, at all times while this Agreement is in force, maintain public liability and property damage insurance against personal injuries, death and loss or damage to property. Such insurance shall be in the amount of at least $2,000,000 per occurrence. The Vendor shall deposit with the City Clerk before commencing work under this Agreement, Certificate(s) of Insurance evidencing the existence of such insurance coverage for the tenn of this Agreement, duly executed by the insurance companies and stating that before said insurance coverage is cancelled at least 30 days written notice thereof will be given to the City at 255 N. Christina Street, Sarnia, Ontario (Attention: City Clerk). 8. The Vendor agrees to protect, defend and save hannless the City against any demand for payment for the use of any patented material, process, article or device that may enter into the manufacture or construction or fonn a part of the work covered by this Agreement and further agrees to indemnify and save hannless the City from suits or actions of every nature and description brought against the City for or on account of any injuries or damage received or sustained by any party or parties by or from any acts of the Vendor or his servants or agents arising out of this Agreement. 9. Proper financial records shall be kept by the Vendor pertaining to the operation of sales under this Agreement by the Vendor and shall be made available upon request for inspection by the City. 10. The Vendor in all respects shall abide by and comply with all applicable laws, regulations and by-laws of the City, other governments and other governmental bodies while this Agreement is in force. 11. The City may tenninate this Agreement on two (2) days notice for any breach of the tenns of this Agreement by the Vendor or for any reason whatsoever, without compensation to the Vendor; and the Vendor may tenninate this Agreement at anytime. 12. This Agreement shall be in force until December 30 th, 2011, unless terminated sooner by either party. 14. This Agreement is personal to the Vendor and cannot be assigned or transferred. 15. Schedule "A" fonns part of this Agreement.

5 Non-motorized Mobile Vending Cart Agreement with Terry Cope, 2010 & Any notice relating to this Agreement may be given by prepaid registered mail addressed, in the case of notice given by the City to the Vendor, to: Mr. Terry Cope 234 Front Street North Sarnia, Ontario N7T5S5 and in the case of notice given by the Vendor to the City, to: The Corporation of the City of Sarnia, 255 North Christina Street, Sarnia, Ontario, N7T7N2 Attention: City Clerk with a copy to the Director of Planning and Building. Such notice shall conclusively be deemed to have been given on the fifth day after the date of mailing. The Vendor shall advise the City, in writing, of any change in address for purposes of this paragraph. IN WITNESS WHEREOF the parties have executed this Agreement. VENDOR Witness TERRY COPE THE CORPORATION OF THE CITY OF SARNIA MAYOR CLERK

6 Non-motorized Mobile Vending Cart Agreement with Terry Cope, 2010 & SCHEDULE 'A' * PROPOSED LOCATION PREPARED BY: CITY OF SARNIA PLANNING & BUILDING DEPARTMENT DATED MARCH 24, 2009 NOT TO SCALE

7 BY-LAWNUMBER&I-/ OF20IO OF THE CITY OF SARNIA "By -law to authorize an Agreement with Mr. Terry Cope for the operation of a non-motorized mobile vending cart (hot dog cart) for the calendar years 2010 & 2011 " READINGS: FIRST: March 1",2010 SECOND: March 1 st, 2010 THIRD: March I", 2010 THE CORPORATION OF THE CITY OF SARNIA Planning and Building Department 3rd. Floor City Hall 255 Christina Street North Sarnia ON N7T 7N2