HomeMy WebLinkAboutBy-law No. 2001-080 CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2001-80
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A RENEWAL OF
THE SIGN AGREEMENT BETWEEN THE MUNICIPALITY AND CANADIAN
TODS LIMITED TO PROVIDE, INSTALL AND MAINTAIN TOURISM
ORIENTED DIRECTIONAL SIGNING WITHIN THE BOUNDARIES OF THE
MUNICIPALITY.
WHEREAS Canadian TODS Limited entered into an agreement with the Ministry of
Transportation and the Ministry of Economic Trade and Development, for the Province of
Ontario,to administer the Tourism Oriented Directional Signing Policy for provincial highways;
AND WHEREAS the Municipal Act R.S.O., Chapter M.45, Section 102 provides that every
Council may pass such by-laws and make such regulations for the health, safety, morality and
welfare of the inhabitants of the municipality in matters not specifically provided for by this Act
and for governing the conduct of its members as may be deemed expedient and are not contrary
to law;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham and Canadian
TODS Limited reached an agreement setting out the terms and conditions of the Sign Agreement;
AND WHEREAS the Council of the Municipality of Bayham is desirous of renewing the said
agreement for a further two year period;
THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF
BA HAM ENACTS AS FOLLOWS:
1. THAT the renewal Agreement attached hereto forms part of this By-law between
the Corporation of the Municipality of Bayham and Canadian TODS Limited setting out
the terms and conditions to manufacture, install and maintain tourism directional signing
within the boundaries of the Municipality of Bayham in the County of Elgin.
2. THAT the Clerk be hereby authorized to execute the attached agreement marked as
Schedule "A" on behalf of the Corporation.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 20 DAY
OF SEPTEMBER 2001.
F
MAYO ' CLERK
B/C c 6r — Seo
CANADIAN TODS LIMITED
TOURISM-ORIENTED DIRECTIONAL SIGNAGE (TODS)
rate: 1 L-f' .oI
Renewal: ✓
:e w;
Territory #: D/,
1.ustomer Name: 1aaare3. Q2- Cl � ti
kroka
customer Billing Addresa: ( ' . I(ep f l+ . al:0 . (tea ` ��y3 1 /t
intact: Tray( ;/ (1tfPI phone: L5LQ16-"Sa.l
t:Overtisel: by\.\ L: 1 Type of Operation/Icon:
Eligibility Category: V.,GA.0_e7 "Tts.. .eb3t ckAkrs.c3Acor`
Customer hereby authorizes and instructs Canadian TODS, Limited ("CTL") to install and maintain
TODS signs as described below, or as per attached, for a period of 2.. years, commencing
on or about -
FOR OFFICE USE ONLY
Billing Start Date: Billing End Date:
Tourist Oriented Activity: �]�n G
..ustomer A/C #: Salesperson;EJ/7/2s/Z41 //7y
6,%,4 Market Code:
•
RT- CROSS COUNTY Tref Exit RT SIGN Major/ ML RAMP TB PRICE/
ROAD Dir. 4 TYPE TYPE Regular SIGN SIGN YEAR CONTRACT d
i y lash
% 10- Mop., 1a gme.S. ks.% . 1 (5R.
took4A-
"34% easishi- L.6461 est
•
•
•
71 GST
TOTAL
DUE S 1. ),
Customer understands that CPL will install and maintain business signs in accordance with CTL's contract with ;he
Province of Ontario under the Province's Tourism Oriented Highway Signing Program. Customer represents and w r aa.
that it is, and will continue to be during the term of this contract and any extensions thereof, a tourist oriented
service establishment that provides services, with all facilities and operations for such service as required So:'
participation in the Province's TODS Sign Program, as outlined in the Ontario Ministry of Economic Development. Trade
and Tourism and the Ontario Ministry of Transportation Rules and Regulations pertaining to the Tourism Oriented Highway
Signing System.
Consideration of, the herein describedIsery Ce, Customer hereby promises and agrees to pay CTL the `first year 'n
a!vane�silce in the amount Of 1tyespaL, rasef'M' 411!/QSL .---•hL.Pollars, including CST, IS 5X4.011'44•
per year. In consideration Of the herein 'described a ice, Customer hereby promised and agrees to pay CTL,
'H gisdk .. Vd4or� .'-" Z* Dollars, including OST :S sal. 1 For the fare: +•.a-. :.�sce^
agrees to pay in advance anannual amount under $1,000.00. If the annual amount exceeds 51.000.00 customer agrees So:
the first year to pay $1,000.00 in advance and the remaining balance upon installation. THIS CONTRACT IS SIGNED
AND ACCEPTED SUBJECT TO THE STANDARD CONDITIONS ATTACHED AND ALL RULES AND REGULATIONS CONTAINED
IN THE CRITERIA FOR PART::CIPATION FOR THE ONTARIO TOURISM ORIENTED HIGHWAY SIGNING SYSTEM.
Accepted this day ofa 200 /
V . ,�p
CANADIAN TODS, LTD. CUSTOMER: !OA , gi - GG tIL' /iS
BY: BY: lLiritepea �-�-•sen na jLe d Mi!. [`s9
•
•
U61,601F1. custom „--. ,
Pilling Address:
In consideration of Canadian TORS Limited entering into this contract with Customer. the undersigned ;"surety'
guarantees and becomes a surety for Customer in favor of CTL for all pump due by Customer under this contract. The
obligation of Surety is joint and several with Customer for the full performance of all of Customer's obligation under
thin contract or any continuations, surety consents to all extensions- Surety waives any benefit that may allow him to
limit this obligation to less than the full obligation of Customer. It is understood that, without thin guarantee cc
surety agreement, CTL would not be willing to enter intothis contract with Customer.
signed this
Q./,dt day of 200 / .
't /•07L►!F a I(A IA/k T
S VR2TY SIGNATURE 1 I f ' (tel/ l %ro c7
Pr Int Name: L� lL Yvd/A , 11 Ci (1 --- ---
Standard Conditions
MAINTENANCE AND REPAIRS:CTL will inspect the business signs and TODS at reasonable intervals.CTL shall be responsible for regular
cleaning of the business signs and TODS and shall clean them as required.
2. CANCELLATION AND REFUND;In the event of expiration of the contract agreement,or any portion of the contract Agreemcn'. v eer
CTL and the Ministry unexpired portions of such advertising agreement shall be subject to cancellation and refund by CTL of any,inca.r.ncd,
prepaid charge.
3. CUSTOME.R'represents and warrants that,it is,and will continue at all times during this contract, to be in conformity with all Federal and
'r Provincial laws including those requiring Customer to piovide its services without regard to race,color;sex, religion, age or national origin.
Customer agrees to furnish CTL with a statement to this effect prior to the erection of the businesbsign,It is the responsibility of the business
applicant/participant to supply accurate attendance figures in order to meet criteria to participate. in the event a dispute of legal'proceeding
arises between two operators regarding attendance figures as it relates to the priority of participation,thaopera'nor who has-the lower attendance
numbers for the most recent twelve(12)month period prior.to the claim,will be responsible for ail legal costs associated with resolving the
dispute.This will be intlubive of costs incurred by the MEDTT,MTQ,•Canadien TODS Lid.,and the other business.
4. COMMENCEMENT OF CONTRACT.The commencement date for service is the actual date or completion of installation.
5, CLARIFICATION OF TERMS OF THE CONTRACT.The terms"Canadian TODS Limited"(CTL)and"Customer"when used herein shall
include either singular or plural,masculine or feminine as the case may be;and the provisions of this contract shall bind the partes rnutua€1y
and their heirs,executors,administrators,successors,and assigns.The agent,officer or employee of Customer who has executed ih:c inn:roc.
hereby represents that he is duly authorized to make this contract on behalf of the Customer,Whenever"CTL"is used in this cnr.:r,i'r' ., 0.1:0
refer to Canadian TODS Limited,"Business Sign"means separately attached sign mounted on a rectangular Tourist Oriented Dircc' :,n'1 Stan
to show the name,brand,symbol,logo,Trademark,or combination of these for the Customer's motorist service available on a cross:bad at or
near an intersection maintained by CTL in accordance with its contract with the Province of Onlar,o.
6. ART WORK.If CCL is requested by Customer-to submit art work,then art work submitted by CTL shall be approved or substitute art work
shall be furnished by Customer within ten(I0)days after submission,In case of default in furnishing or approval of art work by Customer,then
commencement of service shall be deemed to occur on the dates on which the various spaces are available for service.Customer warrants that
approved art work does nteeinfhinge upon any trademark or copyright,state or provincial.Customer agrees to defend,indemnify,And,hold CTL
and the Province of Ontario free and harmless'from any and all lois liability,'claim's and demands, including attorney's fees, ant:ng oui of `
character,contents or subject matter of any design displayed pursuant to this contract.CTL reserves the right to reject any desists or logo no:
acceptable to the Province of Ontario.
7 ACCEPTANCE OF CONTRACT. This contract shall become binding upon execution of a duly authorized officer or agent of customer anq
acceptance by an officer of CTL.CTL may take reasonable time to check credit and retains,the right nor to accept this contract.H ov4v.er'i f this,
contract is not accepted within-thirty(30)days after signing by Customer and receipt of billing, Customer may give weiuen_notice of
termination to CTL. If CTL has executed contract prior to acceptance by Customer,such execution shall be deemed null and fiord by CTL
without notice,if not accepted by Customer and delivered to CTL within fifteen(15)days after execution by CTL.
8. SEVERABILITY. This contract is to be governed by and construed according to the laws of:he Province of Ontario. Any provisions of this
contract which is prohibited or unenforceable in any jurisdiction shall,as to such jurisdiction,be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining provisions hereof and any such prohibition or unenforceability in any jurisdiction shall not
invalidate or render unenforceable such provisions in any otherjurisdietion To the extent permitted by applicable law,Customer hereby waives
any provision of law which renders any provision hereof prohibitive or unenforcablc in any respect.
9. UNCONTROLLABLE DELAYS AND INTERRUPTIONS TO SERVICE.CTL shall not be liable for loss or damage on account or delay(s'"
due to inclement weather;fire,or other casualty loss,strikes,governmental laws,rules or regulations,act of Providence,or any other•casor no:
in CTL's control.In the event CTL la-responsible for a delay or interruption,CTL may either issue necessary credit(s)or extend :ter enntrac
beyond its termination date to make up for the delay or interruption. in the event any of the locations covered by this contract 'become so
impaired as to permanently destroy the advertising value,Customer may delete such location from this contract. In either ease,Customer shall
be given credit,pro rate,for the deleted location,and it shall have no further rights against CTL. in the event that Customer's business sign
must be removed in accordance with t}ie Province RFP,service facilities signing priority and bumping,that location will be deleted from this
contract.
10. UPON DEFAULT in the punctual payment of the contract indebtedness or any part thereof,as the same shall become due and payable, the
entire amount of the indebtedness contracted for herein shall be matured and shall be due and payable immediately,at the option or C L.and
unless same is promptly paid,CTL may,at its option,discontinue,without notice,the service contracted for herein, provided, ho+':eves. that
such discontinuance shall not relieve Customer of the contract indebtedness,All payments in arrears shall bear interest at the highest contract
rate permitted by law,not to exceed l '4%per month.In addition,Customer shall pay CTL all costs and expenses of exercising its right under
this,contraet,including reasonable attorney's fees of not less than 25%of the amount due,or 5250.00 whichever is greater.
'a . ., . ..
11. IN THE EVENT that trailblazing.00S pr Any,part of the customer's TODS signing system is removed or no longer permitted by the
controlling authority,i.e.Region,County,Municipality or Province,CTL will remove rife remaining signage affected and refund any unearned
prepaid charges less removI'costs. Further,CTL shall not be responsible for any loss or damage to signs,which may be part of the trailblazing
system,not constructed ansr installed by CTL.
Is. THIS CONTRACT,front and back,constitutes the entire agreement between Customer and CTL.CTL shall not be bound by any stipulation.
condition,or agreement,not set forth herein,Waiver by CTL of any breach of any provision shall oat constitute a waiver of any other breach of
that provision or any other provision.
/
dian
120 Whitmore Rd, Unit 8, Woodbridge, Ontario LAL-6A3
Method of Calculating Attendance Form # 4
All Other Tourist Attractions
(operations Which are not represented under calculating attendance forms 1, 2, or 3)
FORMULA: Attendance A
ASSUMPTION: All customers are counted as tourists.
FACTORS: A= The total verified gate, ticket,sales, or reported
general attendance figures, in the last full
operating/reporting year for which verified figures
_
Customer count (A)
= AnnuatAttendance 7 CustomerName:Name: Aity
Date: Anz_rn cp_oe,/
Signedc
By:
1 1 ex_r d
(PRINT NAME)
A statement of attendance may be requested!
THEMED TOURIST ATTRACTIONS
AND THEME PARKS
King's Highways Freeways
Full TODS signing beginning Full TODS signing on Freeway with TODS
on nearest King's highway. trailblazing to site.
Includes: theme parks, all themed attractions that do not fit into any other special sign category.
To be eligible for signing as a themed tourist attractions and theme parks the operation must:
• meet basic criteria
• be an establishment whose primary function is satisfying tourist needs by providing
recreational,educational,cultural,scientific,environmental or entertainment-related
activities to transient tourists
• have at the site,the sale of merchandise or services is absent or is restricted to the sale of
souvenirs and/or food and beverage service
• provide adequate off-road parking at the site; and
• not fall into one of the specialized signable attraction categories below.
Bilingual signing is available.Please ask your Account Executive for details.
CERTIFICATION NOTICE:
I certify that the operation for which I have contracted signage complies with the above given General
Criteria and Specific1Criteria for`the Operation type being signed. /� f
Ads ertisePo `T A.r w../)L�-+1) By: a?1 i e psi /i aTIti li.6/Fri‘
Signatu , 4Q-z) Signed this ,i day of , 20 Cy:
TLILI1' ..&.. ICON FLAGS(GENERIC)
1- riffilif.: ..1
i
11C1441114% .. 1 ' ... 1
,' .A-
' • I
i ed
120 Whitmore Rd, Unit 8, Woodbridge, Ontario L4L-6A3
GENERAL CRITERIA
To be eligible for tourism signing, a tourist activity
must comply with the following General Criteria.
• The operation must serve transient customers and be open to the general public.
• The operation must comply with all applicable federal, provincial and municipal
legislation.
• The operation must be accessible by a road open to traffic.
• The operation must be open to the public at least 12consecutive weeks per year
unless otherwise specified in the Specific Criteria for that type of operation.
• The operation must be open at least five days a week during its operating season
(unless specified otherwise in the Specific Criteria) on advertised set days and times.
• The operation must have a reception structure—a controlled gate, staffed reception
and orientation point, or permanent interpretation panels or displays.
• The operation must advertise its location, operating season and hours, contact
information, and facilities either in MEDT tourism publications or in publicity
material regularly distributed through Ontario Regional Tourist Information Centres.
The operation must be within 40 kilometers of the intersection of the provincial
roadway. except where sign space is not required for nearer operations, more distant
operations can be signed.
Ph (905) 851•1 322. FAA: (905) 851-4 724 loll Wren 1-888-203 9333