BY-LAW NO "A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT WITH BUBBA'S (FIXED VENDING SITE - SOUTH SIDE OF PRINCESS

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1 Clause i, Report No. 79, 1992 BY-LAW NO "A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT WITH BUBBA'S (FIXED VENDING SITE - SOUTH SIDE OF PRINCESS STREET MID BLOCK TO THE SOUTHEAST CORNER OF PRINCESS AND WELLINGTON STREETS PASSED: June 16, 1992 The Council of The Corporation of the City of Kingston hereby enacts as follows: i. Pursuant to Section 308(3 of the Municipal Act, R.S.O. 1990, Chapter M.45, the Agreement between The Corporation of the City of Kingston and Bubba's for a fixed vending site on the south side of Princess Street mid block to the southeast corner of Princess and Wellington Streets, in the City of Kingston is hereby authorized and confirmed. The Mayor and City Clerk are hereby authorized to sign the said Agreement on behalf of The Corporation, which Agreement is attached hereto as Schedule "A" to this By-Law. 2. This By-Law shall come into force and take effect on the date of its passing. GIVEN FIRST AND SECOND READINGS May 26, GIVEN THIRD READING AND FINALLY PASSED 1992 June 16, 1992 CITY CLERK

2 SCHEDULE "A" TO BY-LAW NO Motion i, Report No. 79, 1992 THIS AGREEMENT made the 19th day of May, 1992; B E T W E E N : THE CORPORATION OF THE CITY OF KINGSTON Hereinafter called the "City" OF THE FIRST PART - and ONTARIO INC., carrying on business as BUBBA'S Hereinafter called the "Applicant" OF THE SECOND PART WHEREAS pursuant to Section 308(3 of the Municipal Act, R.S.O. 1990, Chapter M.45, the City Council of the Corporation of the City of Kingston, on May 12, 1991, approved of granting permission to the Applicant to maintain and use the sidewalk at the south side of Princess Street mid block to the southeast corner of Princess and Wellington Streets, in the City of Kingston for a fixed vending site, conditional upon the Applicant entering into an Agreement with the City on the following terms and conditions agreed to by the Applicant and the City; WITNESSETH that in consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Applicant, the City doth demise and permit the use by the Applicant of the said sidewalk; i. The Applicant shall be permitted to use the sidewalk at the south side of Princess Street mid block to the southeast corner of Princess and Wellington Streets.../cont'd

3 - 2 - for the purpose of a fixed vending location for the sale of hotdogs and cold drinks, upon the payment of the sum of ONE THOUSAND TWO HUNDRED FORTY-FIVE DOLLARS AND SIXTY CENTS ($1, DOLLARS to be pro-rated for the season, (season shall mean from the second Thursday in April to the 31st day of October, which payment shall be made prior the use of the sidewalk in question9 2. The term of this Agreement shall be from the 19th day of May, 1992, to October 31, The hours of operation may be from 9:00 a.m. to 11:00 p.m., Monday to Saturday. 4. The Lease shall not be transferrable and shall be applicable only in respect of the south side of Princess Street mid block to the southeast corner of Princess and Wellington Streets, in the City of Kingston. 5. The Applicant shall prominently display on any vehicle or equipment the permit used in the business9 6. The Applicant shall maintain the fullest possible free and clear pedestrian movement on the sidewalk. 7. The equipment of the Applicant shall be moved each evening from the site and in any event shall be moved for Sundays and at the end of the term on October 31, The leased area shall be kept in a neat and clean condition at all times by the Applicant and the Applicant shall prevent, where possible, the throwing of litter on 9 ' d

4 - 3 - the leased area or adjacent properties or street. Annexed as Schedule "A" to this Agreement is a diagram showing the location of the leased area. 9. The Applicant agrees that the use of the leased space shall not be conducted in a noisy manner such as would interfere with other businesses and residents in the area or interfere with or obstruct pedestrians. Without restricting the above, the Applicant covenants and agrees to conform with the City of Kingston Noise By-Law No. 9309, Licensing By-Law No. 7, and Streets By-Law No. 10, failing which the licence is subject to review and cancellation by the City. i0. The design of the Applicant's vehicle or equipment used in the business shall comply with the requirements of the City, failing which the licence is subject to review and cancellation by the City. Annexed as Schedule "B" to this Agreement is a description of the Applicant's vehicle or equipment to be used under this Agreement. ii. No permit shall be issued hereunder until the Applicant as complied with all licensing requirements of the City as provided for in the general By-Law No. 7, including letters of clearance from the Chief of Police, the Chief Building Official, the Fire Department and the Health Unit, where applicable, it being understood that clearance from the Fire Department and the Health Unit applies only in respect of food vendors. 9

5 The Applicant shall comply with all other City of Kingston by-laws and regulations in respect of this lease, failing which the licence is subject to review and cancellation by the City. 13. The Applicant shall provide, prior to the use of the sidewalk, an endorsement for public liability insurance in the amount of $2,000,000.00, to indemnify and save harmless the City of Kingston in respect of any claim, action or suit that might arise as a result of this Lease and the use of the City property. The City shall be named as a party insured. 14. The City shall be g{anted the power to terminate the lease with fifteen days' notice should the property be required for municipal purposes upon reasonable grounds, or if the Applicant fails to comply with any of the terms of the lease. IN WITNESS WHEREOF the parties hereto have hereunto affixed their Corporate Seals as duly attested to by the hands of their proper signing officers in that behalf. SIGNED, SEALED AND DELIVERED in the presence of THE CORPORATION OF THE CITY OF KINGSTON Per: ~ ~ _ ~. A Mayor / City Clerk ONTARIO INC., Per'~ carrying or, b~f~e~s B BBA' S /

6 LASALLE CAUSE WAY ~.L ~Z r,z} I-- 9 e-} "r" l (,,,1 I OE" ~cot4 l UJ -- LAKE ONTARIO ITY OF KINGSTON PLANNING DEPT. ; SCALE I: I0 000 ; DATE,'

7 DATED: May 19, 1992 B E T W E E N : THE CORPORATION OF THE CITY OF KINGSTON - and ONTARIO INC., carrying on business as BUBBA'S SIDEWALK LEASE AGREEMENT FOR FIXED VENDING LOCATION NORMAN C. JACKSON City Solicitor 216 Ontario Street KINGSTON, Ontario K7L 2Z3

8 BY-LAW NO "A BY-LAW TO AUTHORIZE THE wi'r.cution OF A~AG~]~W24R-.RTWITH BUBBA'S (FI~DVENDING SITE - SOUTH SIDE OF PRINCESS STR~-TMID BLOCK TO THE SOUTHEAST CORNER OF PRINCESS AND WELLINGTON STR]~TS NORMAN C. JACKSON City Solicitor-

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THE CORPORATION OF THE TOWN OF PENETANGUISHENE BY-LAW NUMBER 2006-45 Being a by-law to authorize the entering into of a contractual Agreement with Andre s Sweets & Treats (Andre Moreau WHEREAS pursuant