BY-LAW NUMBER d Y OF 2010

OF THE CITY OF SARNIA

"By -law to authorize an Agreement with Mr. Terry Cope for the operation of a non-
motorized mobile vending cart (hot dog cart) for the calendar years 2010 & 2011"

WHEREAS it is deemed expedient that the Corporation of the City of Samia enter
into an Agreement with Mr. Terry Cope for the operation of a non-motorized mobile vending
cart (hot dog cart) for the calendar years 2010 & 2011.

NOW THEREFORE the Municipal Council of the Corporation of the City ofSarnia
enacts as follows:

I. The Corporation of the City of Samia is authorized to enter into an Agreement with
in the form of the Agreement a copy of which is annexed to this By-Law.

2. The Mayor and Clerk are authorized to execute such Agreement and to affix to it,
the Corporate Seal of the Corporation of the City of Sarnia.

3. This By-law comes into force and effect on the day it is finally passed.

FINALLY PASSED this Is\' day of ,2010

CLERK
Non-motorized Mobile Vending Cart Agreement with Terry Cope, 2010& 2011 1

AGREEMENT made on this \ sf day of M ""- r- c- h 2010.

BETWEEN:
TERRY COPE of234 Front Street, Sarnia
(hereinafter called the "Vendor")

- and-

THE CORPORATION OF THE CITY OF SARNIA

(hereinafter called the "City")

WHEREAS the Vendor have applied for permission to operate one non-motorized
mobile hot dog vending cart described herein on the sidewalk along the west side of
Christina Street North, in proximity of the north side of the Parkway Parking Lot,
opposite Imperial Oil Centre for the Performing Arts as identified in Schedule "A";

AND WHEREAS the City consents to the Vendor selling such products on the terms and
conditions hereinafter set forth.

NOW THIS AGREEMENT WITNESSETH that In consideration of the valuable

consideration and mutual covenants hereinafter recited the parties hereto agree as
follows:

1. DEFINITIONS:
(i) "Non-motorized Mobile Vending Cart" - a commercial vending unit
which is established at a location on a temporary basis and may change
location from time to time by being transported on its own wheels by
means of human power, and which is not located in a permanent building
or structure and may include, and without limiting the generality to the
foregoing, a hot dog cart, ice cream cart, peanut/popcorn cart, but shall not
include a chip truck or mobile canteen.

(ii) "Outdoor Vending Seasons" - means the calendar years 2010 & 2011.

2. Subject to Section 11, the Vendor may have the exclusive right to operate one
non-motorized mobile vending carts in Sarnia's Downtown daily for the 2010 and
2011 outdoor vending seasons, on the sidewalk along the west side of Christina
Street North, in proximity of the north side of the Parkway Parking Lot, opposite
Imperial Oil Centre for the Arts as identified in Schedule "A".
Non-motorized Mobile Vending Cart Agreement with Terry Cope, 2010 & 2011 2

No other location shall be used by the Vendor under this Agreement. The location
of the vending unit shall not interfere with pedestrian or vehicular traffic to the
satisfaction of the Director of Planning and Building.

2. The Vendor acknowledges that the City may permit a total of four non-motorized
mobile vending carts for operation in Sarnia's Downtown area during the 2010 &
2011 outdoor vending seasons, as authorized by the City of Sarnia City Council.

3. The Vendor shall pay to the City a $60.00 administration fee payable to the City
of Sarnia for each vending unit, prior to the execution of this Agreement. The
Vendor is required to obtain additional licenses for the hot dog cart, as required
by the City's Clerks Department.

4. The Vendor shall be responsible for the payment of any and all rates, taxes and
assessments over and above the said amounts payable to the City, and obtain
written approvals from the Lambton Health Unit and the City of Sarnia Fire
Department, and any other govermnental body or agency whose approval is
needed for the use such equipment as is required for the preparation and sale of
their product(s), and shall only operate in accordance with such standards, as may
be approved by the aforementioned authorities; and the Vendor shall also be
responsible for all retail sales tax and good and services tax remissions required to
be made as a result of his activities under this Agreement.

5. The vending unit shall:

(i) meet with the approval of the City as to quality and appearance, and for
this purpose the Vendor shall provide in advance a photograph or detailed
sketch of the vending units to the Director of Planning and Building of the
City;

(ii) be equipped with adequate trash receptacles which have a clean

appearance and complement the design of each vending unit, and garbage
shall be disposed of by the Vendor in a manner satisfactory to the City
Works Department; and

(iii) not be equipped with bells or other sounding device, except as required by
law.

6. The Vendor may use hydro at the designated location, provided all necessary
arrangements with Bluewater Power for the supply of electrical power are made
and the Vendor shall bear the full cost of same.
Non-motorized Mobile Vending Cart Agreement with Terry Cope, 2010 & 2011 3

7. The Vendor shall, at all times while this Agreement is in force, maintain public
liability and property damage insurance against personal injuries, death and loss
or damage to property. Such insurance shall be in the amount of at least
$2,000,000 per occurrence. The Vendor shall deposit with the City Clerk before
commencing work under this Agreement, Certificate(s) of Insurance evidencing
the existence of such insurance coverage for the tenn of this Agreement, duly
executed by the insurance companies and stating that before said insurance
coverage is cancelled at least 30 days written notice thereof will be given to the
City at 255 N. Christina Street, Sarnia, Ontario (Attention: City Clerk).

8. The Vendor agrees to protect, defend and save hannless the City against any
demand for payment for the use of any patented material, process, article or
device that may enter into the manufacture or construction or fonn a part of the
work covered by this Agreement and further agrees to indemnify and save
hannless the City from suits or actions of every nature and description brought
against the City for or on account of any injuries or damage received or sustained
by any party or parties by or from any acts of the Vendor or his servants or agents
arising out of this Agreement.

9. Proper financial records shall be kept by the Vendor pertaining to the operation of
sales under this Agreement by the Vendor and shall be made available upon
request for inspection by the City.

10. The Vendor in all respects shall abide by and comply with all applicable laws,
regulations and by-laws of the City, other governments and other governmental
bodies while this Agreement is in force.

11. The City may tenninate this Agreement on two (2) days notice for any breach of
the tenns of this Agreement by the Vendor or for any reason whatsoever, without
compensation to the Vendor; and the Vendor may tenninate this Agreement at
anytime.

12. This Agreement shall be in force until December 30th, 2011, unless terminated
sooner by either party.

14. This Agreement is personal to the Vendor and cannot be assigned or transferred.

15. Schedule "A" fonns part of this Agreement.

Non-motorized Mobile Vending Cart Agreement with Terry Cope, 2010 & 2011 4

16. Any notice relating to this Agreement may be given by prepaid registered mail
addressed, in the case of notice given by the City to the Vendor, to:

Mr. Terry Cope

234 Front Street North
Sarnia, Ontario
N7T5S5

and in the case of notice given by the Vendor to the City, to:

The Corporation of the City of Sarnia,

255 North Christina Street,
Sarnia, Ontario,
N7T7N2
Attention: City Clerk with a copy to the Director of Planning and
Building.

Such notice shall conclusively be deemed to have been given on the fifth day after
the date of mailing.

The Vendor shall advise the City, in writing, of any change in address for
purposes of this paragraph.

IN WITNESS WHEREOF the parties have executed this Agreement.

VENDOR

Witness TERRY COPE

THE CORPORATION OF THE CITY OF SARNIA

MAYOR

CLERK
Non-motorized Mobile Vending Cart Agreement with Terry Cope, 2010 & 2011 5

SCHEDULE 'A'

* PROPOSED LOCATION

PREPARED BY: CITY OF SARNIA PLANNING & BUILDING DEPARTMENT

DATED MARCH 24, 2009

NOT TO SCALE
 BY-LAWNUMBER&I-/ OF20IO
OF THE CITY OF SARNIA

"By -law to authorize an Agreement with Mr. Terry Cope for the operation of a non-motorized mobile vending cart
(hot dog cart) for the calendar years 2010 & 2011 "

READINGS:

FIRST: March 1",2010

SECOND: March 1st, 2010

THIRD: March I", 2010

THE CORPORATION OF THE CITY OF SARNIA

Planning and Building Department
3rd. Floor City Hall
255 Christina Street North
Sarnia ON N7T 7N2