BY-LAWNUMBER I..kJ OF 1998 OF THE CITY OF SARNIA

Transcription

1 BY-LAWNUMBER I..kJ OF 1998 OF THE CITY OF SARNIA "A By-law to Authorize an Agreement with D.J.'s BBO and Catering and Sarnia, Downtown Business Improvement Area" WHEREAS it is deemed expedient that the Corporation of the City of Samia enter into an Agreement with DJ.'s BBQ and Catering and Samia Downtown Business I, Improvement Area. NOW THEREFORE the Municipal Council ofthe Corporation ofthe City ofsamia enacts as follows: 1. The Corporation of the City of Sarnia is authorized to enter into an Agreement with D.J.'s BBQ and Catering and Samia Downtown Business Improvement Area, 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 Samia. 3. This By-law comes into force and effect on the day it is finally passed. FINALLY PASSED this ;)'3..{) day of ~,1998 CLERK l.. /

2 TI-IIS AGREEMENT made on this BETWEEN: day of,1998. D.J.'s BBQ and Catering (hereinafter called the "Vendor") - and- OF THE FIRST PART SARNIA DOWNTOWN BUSINESS IMI)ROVEMI~NT AREA (hereinafter called the "B.LA.") - and- OF THE SECOND PART THE CORPORATION OF THE CITY OF SARNIA (hereinafter called the "City") OF THE THIRD PART WHEREAS the Vendor has applied for permission to operate a non-motorized mobile vending cart described herein, at locations identified in Schedule "A"; AND WHEREAS the City consents to the Vendor selling such products on the terms and conditions hereinafter set forth. NOW TIllS AGREEMENT WITNESSETH that in consideration ofthe valuable consideration and mutual covenants hereinafter recited the parties hereto Clgree as follows: DKFINITION "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/popcol'll cart, but shall not include a chip truck or mobile canteen. "Outdoor' Vending Season" - That period of time between April 1 S t, 1998 and November 30 1 h, 1998, inclusive. 1. Subject to Paragraph 12, the Vendor lllay have the exclusive right to operate a noi1- motorized mobile vending cart in Sarnia's Downtown Area at the location designated in Schedule "A" attached hereto, daily for the 1998 outdoor vending season; 2. The Vendor acknowledges that the City may permit a total of three non-motorized mobile vending carts for operation at locations within the Clrea encompassing Schedule "A" attached hereto, during the 1998 outdoor vending season, as authorized by the City ofsamia City Council; 3. The Vendor shall pay to the City $ as a zone fee [or the privilege o[ operation in the jurisdiction o[ the Sarnia Downtown Business Improvement Area, in addition to a $50.00 administration fee payable to the City'S Administrative Department for the season. Payment shall be made to the City as follows: 12

3 - 2 - a) 50% 0[$ (being $150.00) on or before April I, 1998; b) $50.00 administrative fee which shall be paid prior to commencing operation; and, c) the remaining 50% of $ (being $150.00) on or before June 30, The Vendor shall be responsible [or 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 governmental 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 operatc in accordance with such standards, as may be approved by the aforementioned authorities; and the Vendor shall also be responsi ble for all retail sales tax and good and services tax remissiolls required to be made as a resuh of his activities under this Agreemenl. 5. The vending unit shall: (a) meet with the approval of the RI.A. as to quality and appearance, and for this purpose the Vendor shall provide in advance a photograph or detailed sketch of the vending unit to the City; (b) be equipped with adequate trash receptacles which have a clean appearance and complement the design ofthe vending unit, and garbage shall be disposed of by the Vendor in a manner satisfactory to the 13.I.A. and the City Works Department; and (c) not be equipped with bells or other sounding device, except as required by law. G. (a) The vending unit shall be allowed to operated at and a(~iacent to the Parkway Parking Lot as shown on Schedule "A" (attached); no other location shall be used by the Vendor under this Agreement except as authorized in accordance with this Agreement; and (b) The Vendor may use hydro at the designated locations, where available, provided all necessary arrangements with Sarnia Hydro for the supply of electrical power arc made and the Vendor shall bear the full consumption cost of same. 7. The Vendor shall at all times while this Agreement is in force maintain public liability and property damage insurance against personal il~juries, death and loss or damage to property. Such insurance shall be in the amount of at least $1,000,000 per occurrence. The Vendor shall deposit with the City Clerk before commcncing work under this Agreement, Certificate(s) oflnsurance evidencing the existence of sllch insurance coverage, duly executed by the insllrance 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). /3

4 The Vendor binds himself to protect, defend and save harmless the City and the B.LA. 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 form a part of the work covered by this Agreement and further binds himself to indemnify and save harmless the City and the B.LA. from suits or actions of every nature and description brought against the City or the B.l.A. 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 ofthis 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 or the B.LA. 10. The Vendor in all respects shall abide by and comply with all applicable laws, regulations and by-laws ofthe City, other governments and other governmental bodies while this Agreement is in force. 11. The City in concert with the B.1.A., may terminate this Agreement on two (2) days notice for any breach of the terms of this Agreement by the Vendor or for any reason whatsoever, without compensation to the Vendor; and the Vendor may terminate this Agreement at any time, in which event the minimum payment to be received by the City pursuant to Paragraph 2 shall be determined on a prorated basis, being the prorated portion of the minimum payment set forth in Paragraph This Agreement shall be in force until November 30th., 1998, unless terminated sooner by either party. 13. This Agreement is personal to the Vendor and cannot be assigned or transferred. IN WITNESS WHEREOF the parties have executed this Agreement. SIGNED, SEALED AND DELIVERED in the presence of) Witness SARNIA DOWNTOWN BUSINESS ASSOCIATION Witness THE CORPORATION OF THE CITY OF SARNIA Mayor Clerk

5 SCHEDULE 'A ' (t?;;r:, ITY -.J HAL [) BAYSIDE MALL J MOBILE VENDING LOCATION PREPARED BY: PLANNING AND DEVELOPMENT DEPARTMENT - MARCH 3, 199B. N: \ Dillon \ Max \ Hotdog. dwg N.T.S.

6 DATED:,1998. BETWEEN: D. J.'s BBO and Catering (Michele Olsen) - and- SA&~A DOWNTOWN BUSINESS IMPROVEMENT AREA - and- THE CORPORATION OF THE CITY OF SARl\ilA AGREEMENT THE CORPORATION OF THE CITY OF SARl"'ITA Planning & Development Department City Hall Samia, Ontario N7T 7N2

7 BY-LAW NUMBER t./.o OF 1998 OF THE CITY OF SARNIA "A By-law to Authorize an Agreement with D.J.'s BBQ and Catering and Sarnia Downtown Business Improvement Area II READINGS: FIRST: l/yl. a Ae.iJ Cl3 j 19q g f SECOND: THIRD: l[f\ajlcij ~ lqqg U1l ta..ju:ij THE CORPORA non OF THE CITY OF SARNIA Planning and Development Department 3rd. Floor City Hall 255 Christina Street North Sarnia, Ontario N7T 7N2

8 ~Ol, ~pof'u.'et\ ~ y' ({~ Qijtfai1>~ ~Cf-~) March 12th, 1998 DEPARTMENT CORRESPONDENCE People Serving People To: From: Subject: Mike Schnare - Director Planning and Development Max Williams - Planner Planning and Development BY-LAWS TO ALLOW HOT DOG VENDING IN DOWNTOWN SARNIA FOR THE 1998 SEASON To provide for Council's approval, two by-laws to authorize the Mayor and Clerk to enter into agreements with D.l's BBQ and Catering, Vinny's Hot Dog Stand and the Sarnia Downtown Business Improvement Area for the purpose of allowing hot dog carts in the Parkway Parking Lot and at the base of the steps of the Lochiel Street Parkette during the 1998 spring, summer and fall seasons. COMMENTS: Council at its December 2nd., 1996, Meeting adopted a resolution to permit the operation of nonmotorized mobile vending carts on a permanent basis at the following three locations in Sarnia's Downtown: i) At the base of the steps of the Lochiel Street Parkette; ii) The north side of the Parkway Parking Lot, behind the Bank of Nova Scotia; and, iii) The west side of Front Street at the end of Davis Street, adjacent to the boardwalk, Each prospective vendor is required to enter into an agreement with the City and the Downtown B.LA. for the privilege of operating non-motorized mobile vending carts in the Downtown Area. In addition, a $ vending zone fee is charged for the privilege of operating a vending cart in the Downtown Area, in lieu of a B.I.A. levy, which is forwarded to the B.I.A. in addition to a $50.00 administrative fee to be charged by the City. Over the past two years only one vendor (Dr sbbq and Catering operated by Ms. Michele Olsen) entered into an agreement with the City and Downtown B.LA. to operate a hot dog cart in the Downtown (parkway Parking Lot location). This year a second vendor (Vinny's Hot Dog Stand operated by Mr. Steve Wilson) is also interested in operating a hot dog cart at the base of the steps of the Lochiel Street Parkette. The third site (west side of Front Street at the end of Davis Street, adjacent to the boardwalk), is available if other operators wish to use this site for mobile mobile vending (hot dog) cart. [Rj IE C fehvie [DJ MAR &_

9 -2 - F or your information, any owner or operator of a restaurant in the downtown can also have a hot dog. cart in front of their establishment, provided they also enter into an agreement with the B.LA. and the City. The $ levy to the B.LA. isl however, not required. Staff have secured agreements for the two sites which are signed by the perspective operators and the Samia Downtown B.LA.. These agreements are now being submitted to Council for its approval and subsequent signing. RECOMMENDATION: That Council adopt the attached by-law to authorize the entering into: 1. of an agreement (attached) with D.J.'s BBQ and Catering and the Sarnia Downtown Business Improvement Area to allow a non-motorized mobile vending hot dog cart to be operated in the Parkway Parking Lot area for the 1998 spring, summer and fall seasons; and, 2. of an agreement (attached) with Vinny's Hot Dog Stand (Steve Wilson) and the Samia Downtown Business Improvement Area to allow a non-motorized mobile vending hot dog cart to be operated at the base of the steps of the Lochiel Street Parkette for the 1998 spring, summer and fall seasons. / mw/ attach c.c. B. MacDougall A. Tuplin R. Brooks V. M'Garry

10 DEPARTMENT CORRESPONDENCE People Serving People TO: FROM: DATE: RE: Max Williams - Planner Planning & Development Evelyn Laird Clerk's Office March 24th, 1998 Hot Dog Cart Sales in Downtown Sarnia Attached is a copy of By-Law 41 ofl998, being "A By-Law to Authorize an Agreement with Vinny's Hot Dog Stand (Steve Wilson) and Sarnia Downtown Business Improvement Area", which was passed by Sarnia City Council at its meeting held March 23 rd, Attached also are two fully executed copies of the Agreement, as well as one certified copy of the By-Law, which I understand you will provide to the parties involved. C.C. V. M'Garry M. Watson S. MacDonald G~I \