November 13, Spring wood Park Concession rental renewal

Similar documents
DISTRICT OF LAKE COUNTRY LICENCE OF OCCUPATION AND PUBLIC ACCESS RESTRICTION BYLAW 502, 2004

THE VACATION HOTEL SUITES AT THE OAK BAY BEACH HOTEL EARLY OCCUPANCY AGREEMENT

GENERAL INSTRUMENT - PART 1 (This area for Land Title Office use) Page 1 of pages

AMENDED. Add ltem 10 (a) - Information Only Items - Report from Mr. G. Di Menna, Manager of Purchasing and Stores re: Renewal of Property Insurance.

PERMANENT EASEMENT AGREEMENT

LIMITED FINANCIAL SERVICES AGREEMENT. THIS AGREEMENT dated for reference as of the day of, 20.

SOUTH DAKOTA BOARD OF REGENTS. Budget and Finance ******************************************************************************

LEASE AGREEMENT BETWEEN RAPID CITY ARTS COUNCIL, INC. AND CITY OF RAPID CITY

State of South Carolina. County of Richland

192 Middle Road, Falmouth, Maine (the Property ) TENANT NAME:, 20 to, 20 (the Initial Term )

STANDARD TERMS AND CONDITIONS Equipment Lease Form DCR 309

NO: R057 COUNCIL DATE: April 4, 2011

ATTACHMENT 4 SAMPLE AGREEMENT (for representation purposes only; to be modified as necessary)

LEASE AGREEMENT AMERICAN YOUTH SOCCER ORGANIZATION (AYSO)

Board Report No F Date: December 14, 2017 BOARD OF EDUCATION PASADENA UNIFIED SCHOOL DISTRICT PASADENA, CALIFORNIA

EXHIBIT "13" RESTRICTIVE COVENANT. THIS indenture dated the 20th day of October, 2011 (the Effective Date )

Equipment Lease Agreement Template

Sample Hunting Lease Agreement

LEASE AGREEMENT DRAFT

STATE OF NORTH CAROLINA LEASE AGREEMENT

ORDINANCE NO (As Amended)

PROPERTY MANAGEMENT AGREEMENT

PERMISSIVE LAND USE AGREEMENT

The Board of the Surrey City Development Corporation ("SCDC"), and the Legal Services Division recommend that Council:

REAL PROPERTY LEASE AGREEMENT. (LOCATION: Division Street, Lancaster, California 93535)

APPENDIX B TYPICAL FORMS AND AGREEMENTS

V0B 2G0. 1. Definitions When used in this Lease, the following expressions will have the meanings indicated:

ORDINANCE NO

Stormwater Treatment Facility Maintenance Agreement

ARLINGTON FACILITY PROVIDER POLICY

LEASE FOR REAL ESTATE. THIS AGREEMENT, made this 11th day of, September 199, 5 between

Agenda Item # Page # By-law No

Explanation of Permanent Stormwater Management Facilities Maintenance Agreement

RIGHT-OF-WAY MAINTENANCE AGREEMENT

LEASE AGREEMENT. THIS AGREEMENT, made and entered into this day of, 20, by and between:

MONTH-TO-MONTH LEASE AGREEMENT WITH LITTLE TUMBLEWEED DAYCARE. THIS MONTH-TO-MONTH LEASE AGREEMENT (hereinafter Lease ) is

Lease Agreement. The Landlord hereby leases to the Tenant the residential premises (the Premises ) located at

CONSENT TO ASSIGNMENT OF LEASE

MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF RAPID CITY. and FIRST NATIONS SCULPTURE GARDEN, INC.

LAKEFRONT PARK BATH HOUSE CONCESSION AND CENTRAL STORAGE AREA LEASE

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

Lease Agreement WITNESSETH: Leasehold

PROPERTY LEASE AGREEMENT

CALIFORNIA RESIDENTIAL LEASE AGREEMENT

SCHEDULE S Construction Covenant. [attach Land Title Act Form C General Filing Instrument Part 1] TERMS OF INSTRUMENT - PART 2

FIRST AMENDMENT TO LEASE AGREEMENT

MEMORANDUM. First Read: Temporary Easement Agreement for Palisades Venture, LLC

EXECUTIVE TERMINAL STORAGE AGREEMENT NAME: ADDRESS: PHONE: Home ( ) Business: ( )

LEASE AGREEMENT PARKING LOTS City of Yakima And JEM Development Company

TRAILER MOUNTED HYDRAULIC MOBILE BLEACHER SYSTEM APPLICATION AND AGREEMENT APPLICATION FEES ARE NON-REFUNDABLE

Date: October 7, 2014 File No.: SS-RZ

RECREATIONAL LAND LEASE AGREEMENT

LEASE AGREEMENT BETWEEN THE CITY OF RAPID CITY AND TKRS PROPERTIES, LLC I. DEMISED PREMISES

Ontario Land Trust Alliance Revised September 2003 Land Securement Manual Appendix 6A BETWEEN: THE NATURE CONSERVANCY OF CANADA

This Post-Settlement Occupancy Agreement ("Occupancy Agreement") is made this day of

SCHEDULE U : EASEMENT FOR PARKING TERMS OF INSTRUMENT PART 2

CORPORATION OF THE MUNICIPALITY OF PORT HOPE BY-LAW NO. 34/2005

MANAGEMENT AGREEMENT

NOTICE: THIS IS ONLY A SAMPLE. DO NOT USE THIS DOCUMENT WITHOUT FIRST CONSULTING WITH LEGAL COUNSEL.

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

Leases and Use Agreements

LEASE AGREEMENT WITNESSETH:

Downtown Pavilion or Centennial Bandstand Rental Contract

LEASE AGREEMENT W I T N E S S E T H. This Lease is made upon the following terms, covenants and conditions to which the parties hereby agree.

ENCROACHMENT AGREEMENT

TEMPORARY ACCESS AND EASEMENT AGREEMENT

AIRCRAFT TIE-DOWN LEASE AGREEMENT

DECLARATION OF PARTY WALL RIGHTS, COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS

ACADIA FIRST NATION RESIDENTIAL TENANCY AGREEMENT

DOGWOOD HOUSE. The Place For Your Event 2552 Capital Circle N.E. Tallahassee, FL Patrick Strauss-Owner (850)

1.1.1 days means any day other than a Friday, or official public holiday in the United Arab Emirates;

RESIDENTIAL LEASE AGREEMENT THIS IS INTENDED TO BE A LEGALLY BINDING AGREEMENT READ IT CAREFULLY

TRANSFER OF DEVELOPMENT RIGHTS CONSERVATION EASEMENT

CROP SHARE LEASE AGREEMENT. THIS AGREEMENT made in duplicate this day of, 20.

TOWNSHIP OF LOWER MERION Building & Planning Department

HEAVY-HAULING AGREEMENT. THIS HEAVY-HAULING AGREEMENT amended by Resolution #1, January 2010,

Ordinance No """--'=----

Storm Water Management BMP Maintenance Agreement City of St. George, Utah

Practice Continuation Agreements:

OFFER TO PURCHASE AND CONTRACT

Legal Notice Lease of Farmland at Dayspring

City of Bristol Tennessee Parks & Recreation Application for Field Use / Tournament

TENANCY AGREEMENT. Date: Between NAME IC. The Landlord. And. Xxx The Tenant

RESIDENTAL LEASE AGREEMENT

FULLER PARK PARKING LOT LAND LEASE

PROPERTY USE AGREEMENT

USE AGREEMENT AMONG <OWNER>, <LESSEE>, AND ORANGE COUNTY. THIS USE AGREEMENT (the Agreement ) is entered into by and among

NB INC / CAMBRIDGE-NARROWS CAMPGROUND SEASONAL SITE LEASE

WASHINGTON STATE COUNTY AUDITOR/RECORDER'S INDEXING FORM

1 West Main Street -- Box 1, Fincastle, Virginia STORMWATER MANAGEMENT INFRASTRUCTURE MAINTENANCE AGREEMENT

LEASE. - and - THE CORPORATION OF THE TOWN OF COBOURG

Purchasing Division Finance Department 44 E. Downer Place Aurora, Illinois (630) FAX (630)

UNIVERSITY OF MAINE SYSTEM REAL ESTATE AGREEMENT REVIEW FORM. Campus: Campus Contact: Contact #: LESSOR Name: Address: City/St/Zip:

BLACK HORSE RUN PROPERTY OWNERS ASSOCIATION BARNS AND TRAILS

SUBLEASE AGREEMENT W I T N E S S E T H:

COVENANT AGREEMENT BETWEEN THE CITY OF RAPID CITY AND GWH PROPERTIES, LLC TO PERMIT CERTAIN ENCROACHMENTS IN PEDESTRIAN AND UTILITY EASEMENT

FOUR MILE TREASURES, LLC 5099 JEFFERSON DAVIS HIGHWAY, SUITE E, FREDERICKSBURG, VA (540) ~

MILTON COMMUNITY HALL RENTAL AGREEMENT

Micro Scale Practices Declaration

RENTAL MANAGEMENT AGREEMENT

Transcription:

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.).

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 1997. 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, 2015. 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 15-20 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.

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 - 1490\Agreements in SeClire Stor<ige - 2240\Lease Agreements\Springwood Concession\Report to Council 2016-2018.docx DIRECTOR OF OPERATIONS COMMENTS: CHIEF ADMINISTRATIVE OFFICER COMMENTS:...,:.;;,,. FRED C. MANSON, CGA Chief Administrative Officer

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

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: