THE CORPORATION OF THE TOWN OF PENETANGUISHENE BY-LAW NUMBER

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1 THE CORPORATION OF THE TOWN OF PENETANGUISHENE BY-LAW NUMBER Being a by-law to authorize the entering into of a contractual Agreement with Andre s Sweets & Treats (Andre Moreau WHEREAS pursuant to the Municipal Act, 2001, S , chapter 25, Section 8., a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other act; AND WHEREAS pursuant to Section 9. (1 of the Municipal Act, 2001, S.O. 2001, chapter 25, Section 8 and 11 shall be interpreted broadly so as to confer broad authority on municipalities; a to enable them to govern their affairs as they consider appropriate; (b to enhance their ability to respond to municipal issues; AND WHEREAS the Council of the Corporation of the Town of Penetanguishene adopted By-law , as amended, to provide for the management, control, regulations, maintenance and usage of all parklands and properties owned or leased by the Town of Penetanguishene; AND WHEREAS the Council of the Corporation of the Town of Penetanguishene adopted By-law , as amended, to establish business licensing regulations in the Town of Penetanguishene; WHEREAS the Council of the Corporation of the Town of Penetanguishene deems it expedient to enter into a contractual agreement with Andre s Sweets & Treats (Andre Moreau to operate a mobile vendor cart operation within the Penetanguishene Rotary Park & McGuire Park; NOW THEREFORE the Council of the Corporation of the Town of Penetanguishene, hereby enacts as follows: 1. That the Council of the Corporation of the Town of Penetanguishene, are hereby authorized to enter into the Agreement with Andre s Sweets & Treats (Andre Moreau, attached hereto as Schedule A to this By-law. 1. That the Mayor and Clerk be and are hereby authorized and directed to sign the agreement and to affix the Corporate Seal. 3. That any By-law or By-Laws, or parts of any By-law or By-laws that are inconsistent with this By-law are hereby deemed repealed. 4. This By-law shall come into force and effect on June 1, 2006 and shall expire on September 30, BY-LAW read a first, second and third time and finally passed by Council on the 26 th day of July, MAYOR CLERK

2 SCHEDULE A TO BY-LAW BETWEEN THE CORPORATION OF THE TOWN OF PENETANGUISHENE (hereinafter referred to as the TOWN AND Andre s Sweets & Treats c/o Andre Moreau (hereinafter referred to as the PROPONENT/OPERATOR RECITAL OF FACT 1. The Town of Penetanguishene's Parks, Recreation & Culture Department has determined a need for a mobile vendor cart operation and/or service at the following location: Penetanguishene Rotary Park, Penetanguishene McGuire Park, Penetanguishene 2. The Town of Penetanguishene is the owner of the Penetanguishene Rotary Park and McGuire Park. 3. The Proponent/Operator wishes to operate a mobile vending cart operation within the Penetanguishene Rotary Park, and the Town and the Proponent/Operator have agreed for its use on the following terms. TERM OF AGREEMENT 1. The Town grants to the Proponent/Operator the right to operate a Class B Refreshment Vehicle/Stand (as defined in the Town of Penetanguishene Business Licensing By-law , as amended in the Penetanguishene Rotary Park at a location next to the SkatePark, beach volleyball courts, outdoor basketball courts, and public washroom facilities and for the term set out in this agreement. 2. The Town further grants to the Proponent/Operator the right to operate a Class B Refreshment Vehicle/Stand (as defined in the Town of Penetanguishene Business Licensing By-law , as amended in McGuire Park at a location next to the snack bar, storage, public washroom facilities and baseball diamonds for the term set out in this Agreement. 3. The permissions granted in Paragraphs 1 and 2 above does not include dates on which special events are held in the Penetanguishene Rotary Park and/or McGuire Park. 4. In the event of a special event, the Proponent/Operator agrees to seek permission from organizers of special events to set up in immediate area during said event(s as well as any financial compensation to be paid to the organizers during the event. In the event that no permission is granted the Proponent/Operator shall not operate in the approved location during the event. 5. The Town grants the Proponent/Operator the use of storage space within the snack bar facility located in the Penetanguishene Rotary Park for the terms set out in this Agreement.

3 6. The Agreement is subject to the Proponent/Operator complying with the requirements of the Town of Penetanguishene Business Licensing By-law , as amended, and any other permit, licence, approval or service contract that may be required, including payment of all applicable fees. In the event that a required permit, licence, approval or service contract is suspended or revoked the Agreement shall be declared null and void. 7. The term shall be defined as the period commencing the 1st day of June, 2006 and ending on the 30th day of September, FINANCIAL PLAN 1. The Proponent/Operator agrees to: 1.1. Pay to the Town a fee of Two Hundred & Fifty ($ Dollars including all applicable taxes for the rights and privileges outlined in the Agreement. Fees are to be paid at the Town Municipal Offices, 10 Robert Street West, Penetanguishene, Ontario, L9M 2G Payment Schedule shall be One Hundred ($ Dollars upon signing agreement; Seventy Five ($75.00 Dollars due July 31, 2006; and Seventy Five ($75.00 Dollars due August 31, Provide proof of General Liability Insurance in a form acceptable to the Town in an amount not less than Two Million Dollars ($2,000, per occurrence, naming the Town as third party liable and maintain such insurance for the term of this Agreement Be responsible for its own security of the Class B Refreshment Vehicle/Stand (as defined in the Town of Penetanguishene Business Licensing By-law , as amended from fire, theft, vandalism and usual perils, and carry its own insurance against fire, theft and equipment break down In the event that the Agreement is deemed to be null and void there shall be no refund of any fee(s. 2. It is understood and agreed that in the event that the Proponent/Operator fails to make the required payments, in accordance with the payment schedule as defined in Paragraph 1 1.2, or does not fulfill one or more of the conditions of the Agreement, the Town shall be entitled, without prejudice or notice, and without any other actions, to declare this Agreement null and void and of no effect, and to revoke the privilege herein granted to the Proponent/Operator, and to grant such privileges to such other person or persons as it may desire. The issuance and return of cheques deemed NSF by the Bank or late payment shall constitute an action of non payment and the Agreement may be declared null and void. CONDITIONS 1. The Proponent/Operator shall supply and deliver an effective Class B Refreshment Vehicle/Stand (as defined in the Town of Penetanguishene Business Licensing By-law , as amended operation and service as stipulated within this agreement. 2. Permitted hours of operation shall be 9:00 a.m. to sunset daily (Monday to Sunday. The Proponent/Operator, at its sole discretion, shall determine its hours of operation, within the permitted hours.

4 3. The Proponent/Operator will be required to service, clean and maintain all equipment in a proper workmanship like manner during the term of this contract and in accordance with the established requirements of the Simcoe Muskoka District Health Unit and the Town of Penetanguishene. 4. All Proponent/Operator leased or owned equipment shall be subject to the approval of the Director of Parks, Recreation & Culture prior to the Proponent/Operator commencing operation. 5. The Proponent/Operator agrees to be responsible for its own security of the mobile vendor cart unit from fire, theft, vandalism and usual perils, carry its own insurance against fire, theft & equipment breakdowns. 6. The Proponent/Operator agrees to obtain at its sole cost and expense all permits, licenses and service contacts required for the operation of the Class B Refreshment Vehicle/Stand (as defined in the Town of Penetanguishene Business Licensing By-law , as amended. In the event that a licence or permit is suspended or revoked this Agreement shall be null and void. 7. The Proponent/Operator agrees that removal of all garbage generated from the operation of the Class B Refreshment Vehicle/Stand (as defined in the Town of Penetanguishene Business Licensing By-law , as amended shall be the responsibility of the Proponent/Operator. 8. The Proponent/Operator agrees that all cleaning supplies, garbage bags etc. for the mobile vendor cart operation shall be supplied by the Proponent/Operator at his/her own expense. 9. One sign shall be permitted to be posted with the approval of the Parks & Facilities Manager. 10. The selling of novelties, tobacco products, matches or alcoholic beverage is strictly prohibited. EXCLUSIVITY 1. It is understood by the Proponent/Operator that the Town does not guarantee exclusivity to the Proponent/Operator for the sole operation of a mobile vendor cart operation. 2. In the event that other persons wish to set up a mobile vendor cart operation and/or snack bar operation within the Penetanguishene Rotary Park and/or McGuire Park, the Town shall determine what type of foods are proposed to be sold, and shall notify the Proponent/Operator of his/her first right to sell such items, prior to allowing others to do so, and allow the Proponent/Operator a ten (10 day period to advise the Town of its wish to exercise that option. 3. The Proponent/Operator acknowledges a second mobile vendor cart operation within the Penetanguishene Rotary Park and/or McGuire Park, and agrees to exclude the sale of select products as stipulated within the terms Agreement. 4. The Town, may at its discretion enter into an agreement with another Refreshment Vehicle/Stand (as defined in the Town of Penetanguishene Business Licensing By-law , as amended for the provision of a mobile vendor cart operation within the Town s parks.

5 ASSIGNMENT THE CORPORATION OF THE TOWN OF PENETANGUISHENE 1. The Proponent/Operator will not in any manner or form transfer, convey, or assign the benefit of this Agreement. 2. The Class B Refreshment Vehicle/Stand (as defined in the Town of Penetanguishene Business Licensing By-law , as amended will not, during the said term be at any time used for any other purposes or business than that of a Class B Refreshment Vehicle/Stand (as defined in the Town of Penetanguishene Business Licensing By-law , as amended as set out herein. 3. The Proponent/Operator hereby releases and shall at all times indemnify and save harmless the Corporation of the Town of Penetanguishene from any and all liabilities, damages, costs, suits, and payments required to be made by it in respect of the mobile vendor cart and any improvements therein and thereon without limiting the generality of the foregoing, the Proponent/Operator agrees to and does hereby indemnify and save harmless the Town from any and all liabilities, damages, costs, suits, claims, actions or payments arising from part of: Damage to the property of the Town by the Proponent/Operator or damage to any other property howsoever occasioned by the use of the demised mobile vendor cart, The Proponent/Operator s breech, violation and non-performance of any covenant in this Agreement that the Proponent/Operator was to have fulfilled, kept, observed or performed, Injury to any person or persons including death at any time resulting therefrom occurring on in or about the demised mobile vendor cart from any cause. NOTICE OF ACCIDENTS 1. The Proponent/Operator shall advise the Town promptly of any accidents or occurrences resulting in injury to persons, property or the mobile vendor cart 2. The Proponent/Operator undertakes and agrees to operate a mobile vendor cart operation in a good and proper manner, and to observe all regulations with respect to sanitation and good management practices. 3. The Proponent/Operator shall ensure all staff are covered by the Workplace Safety Insurance Board and that a Certificate of Clearance from W.S.I.B. be presented, if required by the Town. REMOVAL OF EQUIPMENT 1. Upon expiry or termination of this Agreement, including any removal term thereof, by any party and for any reason, the Town shall have the option to require the Proponent/Operator to immediately remove from the mobile vendor cart any or all moveable equipment provided by the Proponent/Operator hereunder. 2. If equipment has not been removed within a five (5 day period, it shall be deemed to have been abandoned and shall vest with the Town without obligation to the Proponent/Operator.

6 NOTICE THE CORPORATION OF THE TOWN OF PENETANGUISHENE Notice shall be given by the Operator to the Town hand delivered or in writing addressed and mailed by registered mail to: The Corporation of the Town of Penetanguishene, 10 Robert Street West, Penetanguishene, Ontario L9M 2G2 Notice shall be given by the Town to the Operator hand delivered or in writing addressed and mailed by registered mail to: Andre s Sweets & Treats c/o Mr. Andre Moreau, 8 Park Street, Penetanguishene, Ontario L9M 1P5 Home: ( Formal Notice shall be deemed to have been given on the date of hand delivery or the date of mailing. COVENANTS It is agreed between the parties hereto that every covenant shall enure to the benefit of and be binding upon the parties hereto, and their heirs, executors, administrators, successors and assigns and that all covenants herein contained shall be construed as being joint and several and that when the context so required or permits the singular number shall be read as if the plural were expressed, and the masculine gender as if the feminine or neuter, as the case may be, were expressed. AGREEMENT This Agreement will be governed by and be construed according to the laws of the Province of Ontario and the laws of Canada applicable therein. IN WITNESS WHEREOF the said parties have by their proper officers hereunto set their hands and seals. DATED this day of, SIGNED, SEALED AND DELIVERED The Corporation of the In the presence of Town of Penetanguishene per: ANITA DUBEAU, MAYOR per: CAREY TOBEY, CLERK Andre Moreau per:

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