fov~ !~R BY-LAW NUMBER 30< OF 2005 OF THE CITY OF SARNIA "By -law to Authorize an Agreement with Mr. Chad Kaplin"

Transcription

1 BY-LAW NUMBER 30< OF 2005 OF THE CITY OF SARNIA "By -law to Authorize an Agreement with Mr. Chad Kaplin" WHEREAS it is deemed expedient that the Corporation of the City of Sarnia enter into an Agreement with Chad Kaplin. NOW THEREFORE the Municipal Council of the Corporation of the City ofsarnia enacts as follows: 1. The Corporation of the City of Sarnia is authorized to enter into an Agreement with Chad Kaplin 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. FINALL Y PASSED this d. \ 6 aay of ry\ p.. K C. t{,2005 fov~!~r CLERK

2 Non-motorized Mobile Vending Cart Agreement with Chad Kaplin, 2005 AGREEMENT made on this day of BETWEEN: CHAD KAPLIN hereinafter called the "Vendor") - and- THE CORPORATION OF THE CITY OF SARNIA hereinafter called the "City") WHEREAS the Vendor has applied for permission to operate a non-motorized mobile food vending cart described herein on the east side of Christina Street between Lochiel and George Streets; AND WHEREAS the City consents to the Vendor selling such products on the tenns 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: Defmitions: "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 ofhuman power, and which is not located in a pennanent 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. "Outdoor Vending Season" - That period of time between April 1 st, 2005 and November 30 th, 2005, inclusive. 1. Subject to Paragraph 11, the Vendor may have the exclusive right to operate two nonmotorized mobile vending carts in Sarnia's Downtown daily for the 2005 outdoor vending season; one on the east side of Christina Street between Lochiel and George Streets, in proximity of the bust stop; and one the north side of the Parkway Parking Lot, south of the Bank of Nova Scotia. No other location shall be used by the Vendor under this Agreement. The location of the vending units shall not interfere with pedestrian or vehicular traffic to the satisfaction of the Director of Planning and Development. 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 2005 outdoor vending season, as authorized by the City of Sarnia City Council; 3. The Vendor shall pay to the City a $50.00 administration fee payable to the City ofsarnia for each vending unit, prior to the execution of this Agreement 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 governmental body or agency whose approval is needed for the use such equipment as is required for the preparation and sale of their products), and shall only operate in accordance with such standards, as may be approved by the aforementioned authorities; and the Vendor shall also

3 Non-motorized Mobile Vending Cart Agreement with Chad Kaplin, 2005 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. Each vending unit shall: a) b) c) 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 ofthe City; 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. 7. 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, Certificates) of Insurance evidencing the existence of such insurance coverage, 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 harmless 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 form a part of the work covered by this Agreement and further agrees to indemnify and save harmless 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 terminate this Agreement on two 2) days notice for any breach ofthe 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. 12. This Agreement shall be in force until November 30 th, 2005, unless terminated sooner by either party. 14. This Agreement is personal to the Vendor and cannot be assigned or transferred. 15. 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:

4 Non-motorized Mobile Vending Cart Agreement with Chad Kaplin, continued Page 3 Mr. Chad Kaplin, 808 Wellington St., Suite # 9 Sarnia, Ontario. N7T IJ5 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. Witness VENDOR ~ CHAD KAPLIN THE CORPORATION OF THE CITY OF SARNIA ~~=-= MAYOR

5 BY-LAW NUMBER 3~ OF2005 OF THE CITY OF SARNIA "A By-law to Authorize an Agreement with Chad Kaplin READINGS: FIRST: fy'lc ~ b< I. aoos- SECOND: m ~ :;) I. ::laos- THIRD: ~ ;;1.. GlooS' THE CORPORATION OF THE CITY OF SARNIA Planning and Building Department 3rd. Floor City Hall 255 Christina Street North Sarnia, ON N7T 7N2

6 DEPARTMENT CORRESPONDENCE People Serving People TO: Max Williams Planning Department FROM: DATE: Brian W. Knott City Solicitor/Clerk April 11 th, 2005 RE: By-Law to Authorize an Agreement with Mr. Chad Kaplin =====--================================================= Attached is a copy of By-Law #32 of2005, being "A By-Law to Authorize an Agreement with Mr. Chad Kaplin", which was passed by Sarnia City Council at its meeting held March 21st, 2005, together with two copies of the fully executed Agreement one for your file and one for Mr. Kaplin. A copy of the fully executed agreement has been retained for the Clerk's file as well as a copy for Legal Services. Brian W. Knott c. Legal Services

7 DEPARTMENT CORRESPONDENCE People Serving People DATE: FILE: May 6, TO: Max Williams Planner FROM: Angie Dixon Law Clerk RE: Hot Dog Vendor Proposal in the Downtown Further to Brian Knott's memo to you dated April It\ 2005, I now attach for your files a copy of By-Law Number 32 of2005 being "A By-Law to Authorize an Agreement with Mr. Chad Kaplin", which was passed at City Council's March 21 5 \ 2005 meeting, together with two fully executed agreements. Would you please ensure that Mr. Kaplin has provided a Certificate ofinsurance in the amount of$2 million and named the City ofsamia as an additional insured prior to forwarding a copy of the agreement to him for his records? lad Attach. }lngie c.c. S. MacDonald, Licensing Clerk B. Knott J. Knight Doc: D: MY DOCUMENTSICLERK'S MIse 2005\HOT DOG VENDOR-MA Y6-0S.ADI