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Home My WebLink AboutDTS-08-074 - Parking Agreement1 K KR Development& Technical Services REPORT FIRE DEPARTMENT Report To: Christina Weylie, Chair & Members of the Development & Technical Services Committee Date of Meeting: 2008-05-12 Submitted By: T. Beckett, Fire Chief Prepared By: J. Weber, Deputy Fire Chief (x2932) Wards} Involved: Fairway-Gateway Ward 3 & South Ward 4 Date of Report: May 1, 2008 Report No.: DTS-08-074 Subject: Parking Agreement RECOMMENDATION: "That the Mayor and Clerk be authorized to sign an agreement satisfactory to the City Solicitor, with Rockway Holdings Ltd. regarding permission to enter upon and use the parking lot located at 1664 Huron Road on June 14, 2008 for the purpose of operating an unpaid parking lot to serve attendees of the Grand Opening Celebration and Open House at Fire Station #7." REPORT: The Fire Department plan on holding a grand opening celebration and open house on June 14th, 2008 for the Fire Station #7 located at 1440 Huron Road. Due to limited parking on site at the fire station for attendees, we require the use of the adjacent parking lot at 1664 Huron Road. This property is owned by Rockway Holdings Ltd. Rockway Holdings have agreed to provide parking space at their site. The city Legal Division has drafted and approved the attached agreement. FINANCIAL IMPLICATIONS: None Jeff Weber, Deputy Fire Chief nRe~Tnnii v THIS AGREEMENT made this day of , 2008 BETWEEN: ROCKWAY HOLDINGS LTD. hereinafter referred to as the "Rockway" of the First Part -and - THE CORPORATION OF THE CITY OF KITCHENER hereinafter referred to as the "City" of the Second Part WHEREAS the City owns property located at 1664 Huron Road in the City of Kitchener and such property is leased by Rockway; WHEREAS the City has asked Rockway for permission to enter upon and use the parking lot located at 1664 Huron Road, Kitchener, Ontario (the "parking lot") on June 14, 2008 for the purpose of operating an unpaid parking lot with the intent that it will serve attendees of the Grand Opening Celebration for the City's new Firestation #7 (the "Event"); NOW THEREFORE this agreement witnesseth that in consideration of the mutual covenants and agreements herein after contained and the sum of Two Dollars ($2.00) of lawful money of Canada, and other good and valuable consideration, paid by the City to Rockway, and subject to the terms and conditions hereinafter set out, the parties hereto agree as follows: 1. Rockway hereby grants to the City a licence to enter upon and use the parking lot located at 1664 Huron Road, Kitchener, Ontario, for the sole purpose of operating an unpaid public parking lot with the intent that it will serve attendees of the Event. Such permission shall extend from 8:00 a.m. until 5:00 p.m. on Saturday, June 14, 2008 (the "Term"), to the extent that parking spaces are not required for Rockway's purposes and as may reasonably be required to accommodate the Event attendees. 2. The City shall be responsible for the operation of the parking lot for unpaid public parking in accordance with the terms of this agreement on June 14, 2008. 3. (a) The City shall be responsible for any costs pertaining to the set up of the parking lot for unpaid public parking pursuant to the terms of this agreement; (b) The City shall install banner guarding to close off the area of the parking lot in which there is heavy equipment and shall remove such banner guarding after the Event; (c) The City shall not attach any signs, fixtures, or other devices to the premises, or commence any construction, installation or alteration not contemplated by this Agreement without first obtaining Rockway's prior written consent thereto; and (d) The City shall pay for and make good any damage to the premises or to the equipment or fixtures therein, caused by it, its servants, employees, agents, or Event attendees and ensure that the premises are restored to its original conditions at the expense of the City. 4. The City agrees to provide two parking attendants at such times as the parking lot is to be open to Event attendees. The parking attendants will direct Event attendees to appropriate areas of the parking lot away from heavy equipment in the parking lot. 5. Rockway shall remain responsible for all routine maintenance and repairs to the parking lot. 6. The City agrees to advise users of the parking lot that all vehicles are to be removed by 4:00 p.m. and thereafter the parking lot will be closed. 7. Rockway is not responsible for any death or personal injury to any persons in the parking lot or for any damage, theft, or loss of motor vehicles parked in the said parking lot or their contents during the time when the parking lot is being used by the City for Event parking in accordance with the terms of this agreement save and except where caused by the negligence or wilful misconduct of Rockway or where injury is to a person using the lot for purposes not related to the Event. 8. Save and except where caused by the negligence or wilful misconduct of Rockway or where in relation to parking unrelated to the Event, the City does hereby release and forever discharge Rockway of and from all claims, demands, damages, actions or causes of action which it ever had, now has, or which it or its successors and assigns hereafter may have by reason of any matter arising in any way out of the use of the said parking lot in accordance with this agreement, and the City will indemnify and save harmless Rockway from and against any all claims, including without limiting the generality of the foregoing, any claims for death or personal injury or theft, loss or damage to property arising from the use of the parking lot in accordance with this agreement or by or through any act or omission of the City, its servants, agents, employees, invitees or licensees and against and from all costs, counsel fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon. 9. The City will, at all times during the Term of this agreement, maintain a comprehensive policy of public liability and property damage in an amount of not less than Two Million Dollars ($2,000,000.) and, upon demand, it shall furnish Rockway with proof of same. The liability policy shall name Rockway as an additional insured and shall contain a cross- liability clause. 10. In the event that either party shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lock-outs, labour trouble, civil commotion, riots, insurrection, war, inability to procure labour materials or services, act of God, weather, power failure, restrictive laws or regulations or any other reason beyond the reasonable control of that party, then performance of such act shall be excused for the period of that delay and the time allotted for the performance of any such act shall be extended for a period of time equal to the period of such delay. 11. No assignment of this agreement may be made by the City without the consent in writing of Rockway. 12. This agreement shall enure to the benefit of, and be binding upon the parties hereto, and except as herein otherwise provided, their executors, administrators, successors or assigns. IN WITNESS WHEREOF the parties hereto have executed this agreement on day of 2008. SIGNED, SEALED AND ) ROCKWAY HOLDINGS LTD. DELIVERED ) in the presence of ) Name: Title: Name: Title: THE CORPORATION OF THE CITY OF KITCHENER Name: Title: Name: Title: