CITY OF TIMMINS BY-LAW NO BEING A BY- LAW to authorize The Corporation of the City Of Timmins to enter into an

Transcription

1 71--- CITY OF TIMMINS BY-LAW NO BEING A BY- LAW to authorize The Corporation of the City Of Timmins to enter into an operational agreement with Ken Pye. WHEREAS it is considered desirable to enter into an agreement with Ken Pye respecting the use of a portion of the Hollinger Park for a seasonal outdoor skating surface along with accessory temporary structures in the City of Timmins. NOW THEREFORE the Council of The Corporation of the City of Timmins enacts the following as a By-law: 1. THAT the Corporation of the City of Timmins enter into an agreement with Ken Pye respecting the use of a portion of the Hollinger Park for a seasonal outdoor skating rink surface along with accessory temporary structures, the original of which is attached hereto and marked as Schedule "A" to this By-law. 2. THAT the Mayor and Clerk be and are hereby authorized to execute the said agreement on behalf of the Corporation and to affix thereto the Official Seal of the Corporation. READ a first, second and third time and finally passed this 28`h day of November, MAYOR azeft ERK/ C, Ale

2 SCHEDULE" A" TO THE CITY OF TIMMINS BY-LAW NO SEASONAL OUTDOOR ICE SURFACE OPERATING AGREEMENT HOLLINGER PARK THIS AGREEMENT is entered into this 2e day of November, 2016, by and between the Corporation of the City of Timmins (hereinafter referred to as the " City") and Ken Pye Thereinafter referred to as the "Operator"). In consideration of the mutual covenants in this Agreement, the City of Timmins and the Operator agree as follows. 1. The Premises. The portion of those lands situated at 60 Brunette Rd. ( Hollinger Park), Timmins, Ontario herein referred to as the " Premises". 2. Term and Extensions. The initial term of this Agreement (the "Term") shall commence in mid- November 2016 and end in mid- May 2017 unless terminated earlier in accordance with this Agreement. This term may be extended for an additional year provided both parties are in agreement, there are no changes to the provisions of this agreement ( other than dates), and there are no contraventions of the agreement by the Operator. 3. Use. The Operator shall use the Premises as an outdoor ice skating surface along with temporary accessory structures ( hereinafter referred to as the Use) and for no other purpose. The City of Timmins shall maintain liability insurance for volunteers and general public for the ice surface season. The Operator shall not allow others to utilize the Premises for any other purpose without the prior written consent of the City, which consent may be withheld in the City of Timmins' sole discretion. The Operator shall not allow use of the Premises for any illegal purpose. The Operator shall comply with all governmental, municipal or environmental rules, regulations or requirements relating to the use of the Premises. 4. Plans & Timing. The Operator shall inform the City of Timmins in writing of the Operator' s intentions of setting up the Use on the Premises not later than November 1st. An appropriate plan shall be submitted by the Operator indicating the estimated size and shape of the skating surface and any buildings or equipment that are to be situated or used on the property. The plan shall be approved by the City of Timmins prior to the commencement of any work on the Premises. 5. Indemnity. The Operator shall, at all times, indemnify and save harmless the City and any of its officers, servants or agents from and against all claims or demands, loss, costs, damages, action, suits or other proceedings by whomsoever may, be brought or prosecuted in any manner based upon, occasioned by or attributable to the execution of these presents, or any action taken or things done or maintained by virtue hereof, or the exercise of any manner of rights arising hereunder, except claims or damage resulting from the negligence of any officer or servant of the City while acting within the scope of his duties or employment. 6. Insurance. The Operator shall place and at all times maintain during the currency of this Agreement, comprehensive liability insurance which shall include contractual liability coverage hereunder including claims that might be brought against the City by an employee ( not including volunteers or the public, which is covered under the City' s Insurance Policy) with such insurance to provide limits of at least: $ 2, 000, for each occurrence or accident and the City be named in the policy as a co-insured. The Contractor and any Sub-Contractors must have complied with the requirements of the Workplace, Safety and Insurance Act, and be in good standing with the Board upon signing of

3 the Contract Documents. The Contractor must provide either a current Clearance Certificate from WSIB, or written determination of Independent Operator without coverage status, during the time frame of this Contract. Also, the successful contractor must undergo the City of Timmins' Contractor Orientation Program if they have not already been registered. The Operator shall furnish the City with a certified copy of the comprehensive liability insurance policy or policies together with an Undertaking from the insurance company that such insurance will not be cancelled or reduced in coverage without thirty ( 30) days prior written notice by prepaid registered post addressed to the City at 220 Algonquin Blvd. E., Timmins, Ontario P4N 1 B3, ATTENTION: Director of Finance. Should the City be of the opinion that the insurance coverage provided by the Operator is inadequate in any respect for any reason whatsoever, it shall forthwith advise the Operator of its reasons therefore and the Operator shall forthwith take out additional insurance satisfactory to the City. 7. Decommissioning of Use. The Premises shall be cleared before May 30th ( weather and ground conditions permitting) of all articles, equipment and paraphernalia used for the operation of the skating surface. The Operator shall restore the Premises to the same condition that existed at the commencement of the season. The Operator shall be responsible to repair, remediate, or fund the replacement or remediation of any and all damage to the Premises before June 15th. Failure to comply may result in termination of this agreement. 8. Toilet Facilities. The City will not make available existing or portable restroom facilities at the designated Premises. The Operator shall be solely responsible to providing the necessary toilet facilities to meet the public demands generated from the Use. 9. Supervision. The Operator shall be responsible for providing personnel, if any, for the direction and/ or supervision of activities conducted on the Premises that are associated with the Use. 10. Reimbursement. The Corporation of the City of Timmins agrees to reimburse the Operator any amount up to thirty two thousand and two hundred and fifty dollars ($ 32, ) upon acceptable receipt of invoices for labour and material. Invoices are to be submitted monthly clearly showing the amounts and rates of pay for labour as well as any material cost incurred towards the construction, maintenance or use of the skating surface. 11. Utilities. The City shall provide water and electricity to the Operator for the operation of the Use. All water and electrical cost for hook-ups shall be borne by the Operator. 12. Maintenance and Repair. The Operator is solely responsible for all maintenance, repair, and replacement of the Premises and all improvements. Snow plowing operation of the parking lot will be the responsibility of the City. The Operator shall keep the Premises in a neat and safe condition and shall not store any hazardous or toxic substances of any kind at the Premises. The Operator shall maintain the Premises in compliance with all applicable laws, ordinances, or regulations governing the Premises and it's Use. The City shall have no obligation to make any repairs or improvements to the Premises. 13. Alterations. The Operator shall not make any alterations, additions, or improvements to the Premises without first obtaining the written consent of the City, which consent may be withheld in the City' s sole discretion. 14. Assignment. The Operator may not assign this Agreement and the Operator may not subagree the Premises in whole or in part.

4 15. Default. A default occurs when the Operator fails to comply with any provision of this agreement. If a default has occurred and/ or continues, the City may terminate the Operator' s rights to the Use the Premises and pursue any other remedies available under law. The City shall be entitled to collect from the Operator, in addition to any damages, all reasonable costs, fees, and expenses, including reasonable attorneys' fees, incurred by the City in pursuing its remedies. 16. Termination. This Agreement may be terminated at any time prior to its expiration, on the basis that the Operator has committed a material breach of any of the terms of this Agreement, or upon sixty ( 60) days written notice. On the expiration of the Term, or any earlier termination of this agreement, the Operator shall: a. Immediately vacate the Premises; b. Repair all damage to the Premises caused by the Operator's removal of its equipment and property from the Premises; and c. Restore the Premises to the same condition that existed prior to the commencement of the Term ( reasonable wear and tear excepted as determined by the City). The Operator' s indemnity obligation shall survive the termination or expiration of this agreement. 17. Notice. Any notices or communications required under this agreement shall be directed to the following individuals: i) City of Timmins: Manager of Parks, Recreation & Building Maintenance 694 Pine St. S. Timmins, On P4N 2M3 U) Operator: The Tree Bandit o/ u Ken Pye 840 Dalton Rd. Timmins, ON P4N 7C2 18. Entire Agreement, Applicable Law. This Agreement contains the entire agreement of the parties with respect to the use of the Premises and no representations or agreements not included in this Agreement shall be enforceable unless in writing and signed by the party to be charged. IN WITNESS WHEREOF, the City of Timmins and the Operator have caused this Agreement to be executed by their duly authorized agents as follows: DATED AT TIMMINS, ONTARIO THIS 28th DAY OF NOVEMBER, THE CORPORATION OF THE CITY OF TIMMINS

5 MAYOR Cikt &At AO ipal CLER QC./ 611/ THE OPERATOR

6 220 Algonquin Boulevard East, Timmins, ON P4N 1B3 ca December 5, 2016 The Tree Bandit 840 Dalton Road Timmins, Ontario P4N 7C2 Attention: Ken Pye Dear Sir: Re: By- Law re: Operating Agreements Attached hereto please find a certified true copy of the above by- law together with two executed copies of the agreement. I would request that you execute the agreements, retain one copy for your files and return one copy to us for our by-law file. Thank you. Yours truly, p., ak.. a STEPH PALMATEER, AMCT City Clerk SP/jc Encls. tvo, f i' M TIMMINS TIENS. OFFICE OF THE CITY CLERK Telephone: ( 705) Fax: 705) E- mail: steph. palmateer(atimmins. ca