HomeMy WebLinkAbout21 087 Cheesy Monkii Food Trailer Licence Agreement 2021 (Municipal Airport) By-law
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2021 - 087
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A LICENCE
AGREEMENTWITH CHEESY MONKII FOOD TRAILER
WHEREAS Sections 8 (1) and 9 of the said Municipal Act, provides that the
powers of a municipality under this or any other Act shall be interpreted broadly
so as to confer broad authority on the municipality to enable the municipality to
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ability to respond to municipal issues and 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 the Municipality is the owner of the premises commonly
referred to as the Kincardine Municipal Airport, located at 1987 Highway 21;
AND WHEREAS the Cheesy Monkii Food Trailer owns and operates a food
truck;
AND WHEREAS it has been deemed desirous by the Council of the Municipality
of Kincardine to allow the food truck to operate at the Municipal Airport;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That The Corporation of the Municipality of Kincardine enter into a licence
agreement with Cheesy Monkii Food Trailer to operate a food truck at the
Municipal Airport and more particularly described in the attached Schedule
R/S.
2. That the Mayor and Chief Administrative Officer be authorized and
directed to execute, on behalf of The Corporation of the Municipality of
Kincardine, the licence agreement with Cheesy Monkii Food Trailer,
attached A>I>KG :J 8<A>=LD> T/U :F= ?GIEBF@ H:IK G? KABJ 0P-law.
3. That this by-law shall come into full force and effect upon its final passage.
4. That this by-law may be cited as the TCheesy Monkii Food Trailer Licence
Agreement 2021 (Municipal Airport) By-law".
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READ a FIRST and SECOND TIME this 10 day of May, 2021.
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READ a THIRD TIME and FINALLY PASSED this 10 day of May, 2021.
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Mayor Clerk
THIS LICENCE AGREEMENT
Made as of May 4th, 2021
BETWEEN:
Cheesy Monkii Food Trailer
(Hereinafter called the "Vendor")
-AN D-
The Corporation of the Municipality of Kincardine
(Hereinafter called the "Municipality")
WHEREAS the Municipality is the owner of the premises commonly referred to as the
Kincardine Municipal Airport, located at 1987 Highway 21 and which is referred to throughout
this agreement as the "Venue".
AND WHEREAS the Vendor owns and operates a Food Truck for the benefit of the citizens of
the Municipality which is referred to throughout this agreement as the "Food Truck",
AND WHEREAS it has been deemed desirous by the Council of the Municipality of Kincardine to
allow the Vendor to operate a Food Truck at the Venue;
NOW THEREFORE, in consideration of the sum of$1.00 and other good and valuable
consideration, the parties hereto agree as follows:
1. EXCLUSIVE USE OF THE VENUE
a) The Municipality hereby grants and sets over to the Vendor the exclusive
use of the Venue on and subject to the terms and conditions of this
agreement.
2. TERM
a) This agreement shall be in effect from May 1st, 2021 to May 1st, 2022,
with the ability to renew for a 12-month period up to 36 months.
Provided this agreement is and has remained in good standing, the
Vendor shall have the first option to renew the agreement by providing a
written request to the Municipality on or before March 1st, 2022. The
terms and provisions of the renewal agreement shall be satisfactory to
the Municipality in its sole discretion. If a renewal agreement has not
been negotiated and executed by both parties on or before March 15th
2022, the Municipality shall be at liberty to search for an alternative
Vendor for the Venue.
b) The Municipality reserves the right to cancel this Agreement, by giving
thirty (30) calendar days written notice should the Vendor fail to comply
with the terms and conditions of the Agreement.
c) This Agreement may be canceled by either party, with or without cause,
by delivering a Notice of Termination to the non-terminating party.
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Termination shall be effective on the thirtieth (30th) day after the date of
actual receipt of such notice by the non-terminating party.
3. TERMS OF OPERATION
The Vendor shall operate the Venue on the following terms and conditions:
a) The Vendor shall operate in compliance with the site plan approval from
the Municipality and Ministry of Transportation included as Appendix
„A„
b) The Vendor shall have full disclosure of hours of operation except such
instances as the closure of Highway No. 21, discontinuation or disruption
to utility services not as a result of the Vendors actions, or any item
reasonably recognized as Force Majeure, and only for the time in which
the Force Majeure remains in effect.
c) The Vendor shall take no action which would result in the Venue or any
of the attached uses associated with it, being sold, transferred or in any
way encumbered.
d) Allowable Hours of operation of the Food Truck can be between 7 am till
10 pm, seven days a week.
e) Parking of vehicles (Staff, Customers, Delivery Vehicles etc.) relating to
the Food Truck will be designated by the Municipality or the Airport
Service Provider and at its discretion in areas in which parking may be
allowed. As this is a new venture for both parties the Municipality or the
Airport Service Provider maintains the right to alter the parking
arrangements if it feels necessary to maintain a well-run Airport Facility.
f) The Vendor shall supply their own garbage and recycling receptacles with
lids and remove all waste from the property at the end of each day
without exception.
g) The Vendor shall keep areas clear of all waste and or clutter during the
entire time period of the contract (airports must not have any litter that
are attracting birds or other forms of wild life that may become a hazard
or nuisance to the public and or air traffic).
h) From time to time special events will be held at the Municipal Airport
(example: air shows, open house, meetings, etc.). It is expected that food
may become part of the event.The Vendor understands that they do not
hold the sole rights to serving food at the Municipal Airport, however
they may be asked by the Municipality or the Airport Service Provider to
Quote or participate in the event in question.
i) All fixtures and equipment supplied and installed by the Vendor remains
the property of the Vendor and can be removed prior to the term of this
agreement, providing the Venue is left in a state of repair similar to the
start of the term.
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j) The Vendor will leave the Venue in good repair save and except only
reasonable wear and tear accepted.
k) The Vendor shall be responsible for any damage or loss suffered by them
in respect of the use of the Venue.
1) The Municipality agrees as an inducement to the Vendor to enter into
this agreement not to permit third party food vendors, Food Trucks
and/or other food vendor competitors to operate on the Venue, save and
except for special events including but not limited to Air Shows, or unless
prior consent is given by the Vendor.
m) The Vendor shall provide the Municipality with the name(s) and
telephone number(s) of his/her representative(s) who can be contacted
on a 24-hour basis in case of an emergency during the Term of the
Agreement.
n) The Municipality shall have the right upon twenty-four (24) hours' notice
to the Vendor to enter the Venue to examine the same, to show them to
prospective purchasers, lessees and to make such repairs, alterations,
improvements or additions to the Venue related to the Food Truck
operations as the Municipality may deem necessary or desirable. The
Rent shall not abate while repairs, alterations, improvements or additions
are being made by reason of loss or interruption of the business of the
Vendor, or otherwise, provided that none of such events materially
impairs the occupancy or use of the Venue by the Vendor. During the six
(6) months prior to the expiration of the Term, or any renewal term, the
Municipality may show the Venue to prospective Vendors which notices
the Vendor shall permit to remain without interference.
o) If the Food Truck is to be removed from the site at any time the Vendor
shall notify the Municipality in advance. The Vendor shall provide dates
and reasons for doing so.
4. INDEMNITY
a) The Vendor agrees to fully indemnify and hold harmless the Municipality
from and against all suits,judgments, claims, demands, expenses,
actions, causes of action and losses of any kind and for any and all liability
for damages to property and injury to persons (including death) which
the Municipality may incur, sustain or suffer as a result of, arising out of
or in any way related to the matters addressed in this Agreement, unless
such losses are caused solely by the Municipality's own gross negligence
or willful misconduct.
5. INSURANCE
The Vendor shall put in effect and maintain in its name, at its expense, all the
necessary insurance that would be considered appropriate for a prudent tenant
undertaking this type of operation for the period during which the Agreement is in
effect with insurers acceptable to the Municipality, including:
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a) Commercial General Liability Insurance, for third party bodily injury, personal
injury and property damage to an inclusive limit of not less than Two Million
Dollars ($2,000,000.00) per occurrence. The policy shall include:
i. The Corporation of the Municipality of Kincardine as an additional
insured;
ii. Cross liability;
iii. Contractual liability;
iv. A thirty (30) day written notice of cancellation;
V. Contents coverage on a replacement cost basis for all property owned
by the Vendor;
b) The Vendor shall provide the Municipality with a valid Certificate of
Insurance as evidence of the above coverages upon signing the agreement.
c) The Vendor shall provide the Municipality with additional Certificates of
Insurance within 15 calendar days of either an annual renewal for insurance
coverage as set out in 1 above or the date of the written insurance
requirement as set out in 3 above. Certificates shall be provided for the
entire period during which this Agreement is in effect.
d) The Vendor shall be entirely responsible for the cost of any deductible, which
is maintained in any insurance document.
e) If the Venue or any other part of the Building is damaged by fire or other
casualty resulting from any act or negligence of the Vendor or any of the
Vendor's agents, employees or invitees, rent shall not be diminished or
abated while such damages are under repair, and the Vendor shall be
responsible for the costs of repair not covered by insurance.
f) The Municipality shall maintain fire and extended coverage insurance on the
Building and the Venue in such amounts as Municipality shall deem
appropriate. The Vendor shall be responsible, at its expense, for fire and
extended coverage insurance on all of its personal property, including
removable trade fixtures, located at the Venue.
g) The Municipality shall not be required to maintain insurance against thefts
within the Venue or the Building.
h) The Vendor shall be required to supply a Certificate from the Workplace
Safety and Insurance Board prior to the start of the Agreement and at a
minimum of every ninety (90) days during the Term of the Agreement
indicating that all of the assessments the Vendor or any contractor is liable to
pay under the Worker's Safety Insurance Board Act or successor legislation
have been paid and they are in good standing with the Board.
6. FINANCIAL TERMS
The parties agree that the cost of operating the Food Truck shall be based on the
following terms and conditions:
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a) The costs of operating the Food Truck are the responsibility of the
Vendor.
b) The Vendor shall pay rent of$15.15 (plus HST), per day to the
Municipality. The Vendor as per Appendix "A" to this agreement shall be
permitted to:
i. Make connection to Municipal Hydro and Water servicing on the
site to operate the Food Truck appliances.
ii. Use of terminal washrooms (toiletry supplies and cleaning
provided by the Municipality) and the parking area for its staff
and customers.
iii. Use of space within the Municipal hangar area for fridges,
freezers, storage lockers or shelving supplied by the Vendor. The
Municipality shall not be held responsible for any spoilage of food
etc. for any reason (example: power failure, breaker kicks out).
The Vendor agrees to use the space at their own risk.
c) Default has occurred when the Vendor has failed to pay rent or other
amounts due under this Agreement for a period of 15 consecutive days,
regardless of whether demand for payment has been made or not.
d) The Municipality will invoice rent semi-annually (May 30th and October
30th) to the Vender. All rent in arrears shall bear interest from the date
payment was due at a rate of 1.25% per month.
e) Customer Service/Payment: The Vendor is responsible to look after its
own financial transactions and to maintain a proper float of cash as well
as providing an alternative method of electronic payment. The Vendor
will be responsible for all its own monetary transactions and agrees NOT
to send customers to the Terminal office for payment or to obtain
change.
f) Should the vendor be forced to halt business for circumstances related to
a Global Covid 19 pandemic mandated shut down, the daily rent pursuant
to clause 6 b) will be waived until such time as restrictions are lifted.
7. REPAIRS AND IMPROVEMENTS
a) The Vendor acknowledges that the Venue will be used by the public and
must be maintained at all times in a safe condition for those using it.
b) The Vendor acknowledges and agrees to maintain the Venue in such a
manner to meet standards of the Ontario "Occupiers' Liability Act".
c) All improvements to the Venue shall accrue to the benefit of the
Municipality and shall remain with the Municipality upon the termination
of this agreement.
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d) The Vendor agrees that upon termination of the agreement they shall
surrender possession of rented areas to the Municipality and shall leave
it as good a condition as when this agreement commenced. Prior to such
termination, there shall be a complete inspection of the Venue and an
inventory taken of all contents, which are the property of the
Municipality.
e) Following the Municipality's consent, the Vendor shall have the right to
place on the Venue, at locations selected by the Vendor, any signs which
are permitted by applicable zoning ordinances and private restrictions
and within compliance of the Municipalities sign By-Law. The
Municipality shall assist and cooperate with the Vendor in obtaining any
necessary permission from authorities or adjoining owners and occupants
for the Vendor to place or construct the foregoing signs. The Vendor shall
repair all damage to the Venue resulting from the construction or
removal of signs installed by the Vendor. The Municipality's consent shall
be reasonable in the circumstances.
f) The Vendor, at the Vendor's expense, shall have the right following the
Municipality's consent to make additions, improvements and
replacements to the Venue related to the operation of the Food Truck
from time to time as the Vendor may deem desirable, provided the same
are made in a workmanlike manner and utilizing good quality materials.
The Vendor shall have the right to place and install personal property,
trade fixtures, equipment and other temporary installations in and upon
the Venue and fasten the same to the Venue following the Municipality's
consent. All personal property, equipment, and temporary installations
excluding servicing upgrades for connection to Municipal Hydro and
Water, whether acquired by the Vendor at the commencement of the
Agreement Term or placed or installed on the Venue by the Vendor
thereafter, shall remain the Vendor's property free and clear of any claim
by the Municipality. The Vendor shall have the right to remove the same
at any time during the term of this Agreement provided that all damage
to the Venue caused by such removal shall be repaired by the Vendor at
the Vendor's expense.
8. GENERAL
a) The Vendor shall be responsible for all damages caused by it, its
employees, agents, Contractors hired by the Vendor, any workers or
persons employed by it, or under its control, or arising from the
execution of the Agreement, or by reason of the existence, location, or
condition of work, or of any materials, plant or machinery used thereon
or therein, or goods supplied in execution of this Agreement, or which
may happen by reason of their failure or the failure of those for whom
they are responsible, to do or perform any or all of the several acts or
things required to be done by them under the Agreement.
b) This agreement shall be binding on the Municipality, and any successor
Municipal corporation, which may succeed or replace the Municipality.
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c) This agreement shall not be assigned or transferred by the Vendor
without the expressed written consent of the Municipality having been
first obtained.
d) The Vendor shall provide a copy of a Food Premises Inspection Report, R.
R. 0.1990, Regulation 562, signed by the Local Board of Health Official
certifying that the refreshment vehicle has been inspected within the last
( 3) months and it conforms to the applicable sections of the Health
Protection and Promotion Act; include a signature from the Fire Chief or
authorized officer of the Municipality of Kincardine Fire Department
having inspected the refreshment vehicle within the last three ( 3)
months and confirming that it confirms with the applicable sections of
the Ontario Fire Code; and be accompanied by a copy of a Mobile Food
Service Equipment (MFSE) Annual Inspection Certificate for MFSE' s from
the Technical Standards & Safety Equipment (TSSA).
e) This agreement shall become in force and effect once executed by the
Vendor and the Municipality.
f) Any changes or other amendments to this agreement may only be made
by further agreement in writing and duly authorized by the parties.
g) Municipal Freedom of Information and Protection of Privacy: Information
provided by the Vendor may be released in accordance with the
Municipal Freedom of Information and Protection of Privacy Act R.S.O.
1990, c. M 56, as amended. The Vendor must clearly identify any
information they consider confidential and specify the exemption the
Vendor is relying upon and the reasons why they feel the exemption
applies.
h) The Municipality will use best efforts not to disclose any such information
but shall not be liable to the Vendor where information is disclosed by
virtue of an order of the Privacy Commissioner or otherwise as required
by law.
i) Any notice required or permitted under this Agreement shall be deemed
sufficiently given or served if sent by Canada Post, return receipt
requested, addressed as follows:
i. To Municipality:
Clerk
The Corporation of the Municipality of Kincardine
1475 Concession 5,
Kincardine ON N2Z 2X6
ii. To Vendor:
Lauren Morris
548 Huron Terrace
Kincardine ON
N2Z 2H5
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IN WITNESS WHEREOF, the Parties have caused this agreement to be executed by their duly authorized
representatives to be effective as of the date stated at the top of this Agreement.
Lauren Morris
Signed with Consign0 Cloud(2021/05/04)
Ver , ConsignO or Adobe Reader.
Owner
I have authority to bind the Corporation
THE CORPORATION OF THE MUNICIPALITY
OF KINCARDINE
(_\t-\^—
Signed
-\ —Signed by Gerry Glover(202 1
/05/04)
Verify with ConsignO or Adobe Reader.
Gerry Glover—Mayor
Sharon Chambers
Signed with Consl o Cloud(be Reader.
Verify with verifio.com or Adobe Reader.
Sharon Chambers— CAO
We have authority to bind the Corporation
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