The WCEC main floor concession booth has been without an operator because KMS decided against fulfilling it. There has been a lot of discussion about why. What follows is the contract proposed to KMS and there are no substantive changes for the new operator.
This agreement
made this
TOWN OF
Kindersley
day of
LEISURE SERVICES
P.O. Box 1269, 500 2nd STREET EAST
KINDERSLEY, SASKATCHEWAN S0L 1S0
PHONE (306) 463-2675
FAX (306) 463-4577
, 2013
Between:
THE TOWN OF KINDERSLEY,
a municipal
body
under the laws
of
the Province of Saskatchewan
(Hereinafter
called “Town”)
AND
KINDERSLEY MINOR SPORTS,
Operators of the Kindersley Minor Hockey, Kindersley Skating Club and Kindersley
Minor Ball having its
office in the Town of Kindersley
Province of Saskatchewan
(Hereinafter
called KMS)
WHEREAS, the Town owns
and
operates the Kindersley West Central
Events Centre
located in the Town of Kindersley, Province of Saskatchewan.
AND WHEREAS the KMS organization is
the
operator of the Minor
Hockey, Skating
Club and Ball programs in Kindersley.
AND WHEREAS the KMS organization are desirous
of
using the concession
booth located on the main floor in the West Central
Events Centre, on the terms and
conditions hereinafter set forth for the purpose of commercial sales therein.
Both parties agree:
a) that the terms
of
the agreement shall be from September 1, 2013 to August 31,
2015.
b) the West Central Events Centre Concession
Booth shall mean and include the enclosed area located in the lobby area of the main floor entrance.
c) that co-operative actions and decision-making
as it pertains to the facility must
be
promoted and practised by both parties.
d) that this agreement will consider amendments being submitted by either
party to address any details
and
such amendments must be approved by both parties.
e) KMS will have all advertising rights of the concession
booth and any profit
made
from
sponsorship will remain with KMS. The Town of Kindersley and KMS
will
work
together
in
accordance with the Town of Kindersley advertising policy.
KMS agrees:
a) KMS agrees to pay the Town the amount listed below for lease of this
area:
2013 – 2014 Season
($
annually)
September 1st - April 30th $ May 1st – August 31st $
per month per month
2014 – 2015 Season
($
annually)
September 1st - April
30th $
per month
May 1st – August 31st $ per
month
b) KMS shall be responsible for the operation, maintenance, repair and inspection
of
concession equipment and be responsible for any costs associated with this.
c) KMS will
strictly comply with all police, fire and sanitary rules,
health regulations
and
bylaws of the Town of Kindersley.
d) It is understood that events may take place that offer
concession services as
part of their event. In such cases, the access
to
the concession may not be denied and there shall be enough room to open the front serving counter. (community
kitchen) KMS may open the concession
booth at any function in the WCEC.
e) it is understood that for
town-initiated events (i.e. concerts) that a cost share
of concession revenue for said
events shall be 80%
KMS
and
20% Town
f) KMS will charge a $150.00 cleaning bond to any organization using the
concession booth.
The bond will
be
returned to the organization if the
concession booth is
left in a clean and acceptable state.
f) separate, “stand-alone concessions”
with qualified Town of Kindersley business
licenses are permitted.
g) beverage vending machines
may be installed by KMS on the main level
of
the West Central
Events Centre. Any costs associated with these are the
responsibility of KMS.
All other vending machines
in the facility are
operated by the Town of Kindersley.
h.) to notify the Town and if required, submit plans, budget and proof that all funds
are in place, to the Town of Kindersley for any proposed structural changes
to office and storage areas and such approval to be granted before any work
is started and it is
further understood any improvements, capital work or
fixtures attached to the walls
of
any of the area is the property of the Town of Kindersley.
i.) to pay for telephone, internet, photocopying and fax costs/bills associated with
their operation.
j) to indemnify and save harmless the Town in respect of any claim, demand, actions, causes
of
action, damage, loss, costs, including legal
costs on a solicitor
and
own client basis, liability, expense, fines
and
penalties which may be made
or brought against the Town, or which the Town may suffer
or incur as a result
of:
(i) any failure
by
KMS to comply with any term or
provision of this
Agreement;
(ii) injury to any KMS
servant, agent or employee, or to
any patron, invitee
or licensee, at the West Central
Events Centre
during KMS's
occupation thereof;
(iii)
any
negligence by KMS, its
servants, agents, employees, patrons,
invitees or licensees during the time KMS
occupies the West Central Events
Centre; or
(iv) any conduct, work or thing done by KMS, its servants, agents, or
employees during the time KMS occupies the West Central
Events Centre.
l) that they will,
at
their own expense, maintain general
public
liability insurance in
an
amount not less than $2,000,000 per
occurrence during the term of this Agreement to cover
KMS's use of the West Central
Events Centre.
m) that they will be responsible
for all damages done to the concession area, or to any fixtures,
equipment and installation contained therein
by its servants, agents,
employees, other
than
damage which may be caused by ordinary wear
and
tear.
n) to be responsible for hiring, supervising and paying their own staff.
o) to provide cooperation regarding hours of
operation. The concession booth should be open for all organized games, practices
and events with a full menu as
approved at the beginning of each season.
The Town agrees:
a) to provide an online schedule of events and ice usage to KMS for determining hours
of operation.
b) to provide space in the West Central Events Centre to operate
a food service operation on the main level
of
the West Central Events Centre.
c) to provide water,
sewer and electrical
services.
d) to provide use of kitchen equipment as supplied. Please see “Schedule A”
for
list
of equipment.
KINDERSLEY
MINOR SPORTS
President Executive Member
TOWN OF KINDERSLEY
Mayor, Town of Kindersley Chief Administrator
Officer
The formatting is off due to the use of graphics in the original document.
The rental rate is $500 per month during the busy period and $300 per month for the slow period.
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