Report to / Rapport au :

DEPARTMENTAL COMMENTS

LEGAL DEPARTMENT

The City Solicitor will review the Agreement and his comments, if any, will be presented to the Campground Authority on February 27.

DISPOSITION

Following consideration by the Campground Authority, the Coordinator will forward the Agreement to the Odawa Native Centre for review and signature.

APPENDIX 1

OTTAWA NEPEAN CAMPSITE AUTHORITY

CAMPSITE LEASE AND RENTAL AGREEMENT

This Agreement made this 10^th day of February 2003

BETWEEN:

Ottawa-Nepean Municipal Campsite Authority

(hereinafter called the Authority)

AND:

The Odawa Native Friendship Centre

(hereinafter called the Centre)

WHEREAS the Authority and the Centre have this day entered into an agreement whereby the Authority agrees to rent and/or lease to the Centre certain areas of lands within the confines of the Ottawa-Nepean Municipal Tent and Trailer Park for the purposes of holding the Annual Pow Wow sponsored by the Centre:

Now this Agreement witnesseth that:

(a) The Authority agrees to rent to the Centre fifty (50) campsites comprising Cluster Number Three (3) and, fifty (50) campsites in Cluster Number Six (6) for the period of 23 to 25th May inclusive 2003 for the sole and exclusive use of the Centre's personnel and guests. The Centre agrees to pay to the Authority the sum of TWO THOUSAND FOUR HUNDRED AND FIFTY DOLLARS ($2,450.00) rental fee plus ONE HUNDRED AND SEVENTY ONE DOLLARS ($171.00) G.S.T. plus a ONE THOUSAND THREE HUNDRED AND ELEVIN DOLLARS ($1,311.00) security/damage deposit which will be refunded less any costs for cleaning Park areas, for replacement, repair or use of Park equipment, the loss, destruction, or damage of which is directly attributable to the Centre's occupancy. Further to this the deposit will be used as a guarantee that vendors will not sell products that are being sold in the camp store. Failure of the Vendors to comply will result in the deposit being forfeited in total. On termination of the Centre's occupancy, both Parties agree to conduct a joint inspection of the said areas to determine the extent of the Centre's liability in this regard.

TWO THOUSAND SIX HUNDRED AND TWENTY TWO DOLLARS ($2,622.00) or 100% of the said rental fee plus the ONE THOUSAND THREE HUNDRED AND ELEVEN DOLLARS ($1,311.00) deposit shall be due by 14^th April, 2003, and failing receipt by this date, must be received in the form of a certified cheque in total by the Campsite Authority by 1^st May, 2003 together with an additional late penalty payment of ONE HUNDRED AND FIFTY DOLLARS ($150.00). All monies due must be received in total by the Authority prior to the temporary installation or set-up of any associated equipment or the actual celebration taking place.

(b) The Authority agrees to permit the Centre the exclusive use and occupancy of Park areas described hereunder and without charge to the Centre:

(i) Picnic and Recreation, May 21 to May 28, 2003

(ii) Pavillion, May 21 to May 28, 2003; and

(iii) Unserviced (Overflow) Area (for Parking Purposes Only), May 23 to May 25, 2003.

The Authority agrees to permit the Centre to erect temporary tent and seating accommodation in the picnic and recreation area and drill 2" holes in the bedrock for erection of a snow fence enclosure.

The Centre agrees to accept full responsibility for crowd and traffic control commencing midday on the 23^th May 2003. The Centre shall be responsible for parking control of motor vehicles of the general public and vendors attending the Centre's celebrations. Parking of these vehicles shall be confined to the Campsite's Unserviced (Overflow) Area. Such vehicles shall not be permitted to enter or leave the Park by the Main Entrance or Exit Gates. Control of vendor's vehicles must be such that the main entrance will not be congested with vehicle traffic. The Centre reserves the right to levy a minimal parking fee. Parking on all Campsite roads, grassed common areas, and in the dump station area is strictly prohibited and must be patrolled by the Centre's Security personnel. There is no public parking past the gates off of Corkstown Road.

The Authority further agrees to permit the Centre's personnel to enter the Park lands effective the 21^st May, 2003 for the purpose of constructing the said tenting and seating facilities and fenced enclosures. The Centre agrees that there shall be no interference with the Park's staff at any time in normal maintenance operations.

(c) The Centre agrees that the Centre's personnel and guests shall observe and abide by the Regulations governing use of and conduct with the Park as delineated in the paragraphs under the caption "Regulations" in the Information Folder attached hereto. In the event of the breach by anyone of the Regulations governing use of and conduct within the Park shall be required by the Centre forthwith to depart from the Park and to remain away during the balance of the Celebrations.

(d) The Authority agrees to permit authorized Centre personnel to use nine (9) parking spaces in the Manager's Residence and Laundromat area with the understanding that such traffic shall be kept to that number. The Authority also agrees to allow, limited, parking on grassy areas at Campground entrance and exit road for the use of handy cap persons with a valid decal. They must not empted the entrance or exit of the Campground.

(e) The Authority agrees to permit the ODAWA Friendship Centre to connect directly to the power source in the laundry room for a 100 amp power drop-off to provide electrical power for the sound and lighting systems, with the following stipulations:

(i)connections to be done by qualified electrician.

(ii)cables must not interfere with public access to residence and laundromat.

The Authority also agrees that the electric power supply of number 3 (three) cluster's area "D" site number 6 (six), 7 (seven) and 8 (eight) inclusive may be used by the traders.

(f) The Authority agrees to arrange with the Regional Police Service to police the Park

in unmarked police vehicles during the period 23 to 25 May inclusive 2003.

(g) The Centre agrees to accept full responsibility for the security and cleaning of all campsites and other areas of the Park specified for the Centre's use and control elsewhere in this Agreement with the exception of washroom facilities, which shall be the responsibility of the Authority's maintenance staff. The Centre will be responsible to remove garbage from the enclosed compound to designated areas for removal.

(h) The Centre agrees to supply its firewood requirements through its own resources and such foodstuffs that are not obtainable from the Park's Retail store. The Centre further agrees that mobile canteens, vending machines or concessions will not be permitted to sell carbonated beverages, confections or foodstuffs which are available in the campsite store. It is the responsibility of the Centre to police the vendors as failure to comply will result in the damage deposit being forfeited.

(i) The Centre shall ensure that Vendors are to supply their own seating facilities including tables for their patrons particularly in the food court area. Campsite picnic tables should not be used for this purpose.

(j) The Centre shall be responsible for arranging with Bell Canada for the installation and removal of such temporary telephone facilities as the Centre may require. The Centre shall be responsible for arranging with Bell Canada for forwarding and unforwarding the personal telephone line; used on the side of the Managers Apartment for the Centres main line; to a numeric location of the Managers choice. The Centre agrees that the Park's telephones (other than Pay telephones) shall not be available for use of Centre personnel or guests. During quiet hours telephone facilities should be made available to the ODAWA security staff by the Centre.

(k) The Centre shall provide and maintain portable toilets as necessary. The two public washrooms at the store/office area are not for heavy use and will be closed during the celebration. Additional portable toilets should be installed in this area. Six (6) are recommended. Washrooms will be closed during cleaning and portable toilets should be available in those areas.

(l) The Centre agrees to remove from Park lands not later than 28^th May, 2003, all temporary structures and fencing referred to in paragraph (b) above and all other equipment and property owned, borrowed or rented by the Centre for purposes of the Celebrations. The Centre further agrees that the areas used and occupied by the Centre will be cleaned on the morning of 28^th May 2003. All areas should be in the same condition they were in when accepted by the Centre on 23^th May 2003. This will be determined by the Manager and selected Centre representative. The Centre agrees to cover the cost of wages of the Campsite Maintenance Staff if all areas are not restored by the Centre to the same condition they were accepted by the Centre on 23^th May, 2003. It is understood that this cost would be deducted from the aforementioned $1,311.00 deposit.

(m) The Centre shall provide 50 complementary passes for the City of Ottawa, Councillors and Campsite Authority members at time of signing the agreement.

The Centre agrees that any intent on its part to request use of Park lands in future years shall be in the form of a notice addressed and submitted to the Authority not later than the 31^st day of October of the year immediately preceding that in which the use of the Park is requested.

In witness whereof the parties hereto have affixed the signatures of their authorized signing officer.

________________________________ _____________________________________

Witness Ottawa-Nepean Municipal Campsite Authority

Name: Name:

________________________________ _____________________________________

Witness The Odawa Native Friendship Centre

Name Name

APPENDIX 2

OTTAWA NEPEAN CAMPSITE AUTHORITY

CAMPSITE LEASE AND RENTAL AGREEMENT

This Agreement made this 8^th day of December, 2001

BETWEEN:

Ottawa-Nepean Municipal Campsite Authority

(hereinafter called the Authority)

AND:

The Odawa Native Friendship Centre

(hereinafter called the Centre)

Now this Agreement witnesseth that:

(a) The Authority agrees to rent to the Centre fifty (50) campsites comprising Cluster Number Three (3) and, fifty (50) campsites in Cluster Number Six (6) for the period of 24 to 26th May inclusive 2002 for the sole and exclusive use of the Centre's personnel and guests. The Centre agrees to pay to the Authority the sum of TWO THOUSAND EIGHT HUNDRED AND THIRTY FIVE DOLLARS ($2,835.00) rental fee plus ONE HUNDRED AND NINETY EIGHT DOLLARS ($198.00) G.S.T. plus a ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00) security/damage deposit which will be refunded less any costs for cleaning Park areas for replacement, repair or use of Park equipment, the loss, destruction, or damage of which is directly attributable to the Centre's occupancy. Further to this the deposit will be used as a guarantee that vendors will not sell products that are being sold in the camp store. Failure of the Vendors to comply will result in the deposit being forfeited in total. On termination of the Centre's occupancy, both Parties agree to conduct a joint inspection of the said areas to determine the extent of the Centre's liability in this regard.

THREE THOUSAND AND THIRTY THREE DOLLARS ($3,033.00) or 100% of the said rental fee plus the ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00) deposit shall be due by 15^th April, 2002, and failing receipt by this date, must be received in the form of a certified cheque in total by the Campsite Authority by 1^st May, 2002 together with an additional late penalty payment of ONE HUNDRED AND FIFTY DOLLARS ($150.00). All monies due must be received in total by the Authority prior to the temporary installation or set-up of any associated equipment or the actual celebration taking place.

(b) The Authority agrees to permit the Centre the exclusive use and occupancy of Park areas described hereunder and without charge to the Centre:

(i) Picnic and Recreation, May 22 to May 29, 2002

(ii) Pavillion, May 22 to May 29, 2002; and

(iii) Unserviced (Overflow) Area (for Parking Purposes Only), May 24 to May 26, 2002.

The Authority agrees to permit the Centre to erect temporary tent and seating accommodation in the picnic and recreation area and drill 2" holes in the bedrock for erection of a snow fence enclosure.

The Centre agrees to accept full responsibility for crowd and traffic control commencing midday on the 24^th May 2002. The Centre shall be responsible for parking control of motor vehicles of the general public and vendors attending the Centre's celebrations. Parking of these vehicles shall be confined to the Campsite's Unserviced (Overflow) Area. Such vehicles shall not be permitted to enter or leave the Park by the Main Entrance or Exit Gates. Control of vendor's vehicles must be such that the main entrance will not be congested with vehicle traffic. The Centre reserves the right to levy a minimal parking fee. Parking on all Campsite roads, grassed common areas, and in the dump station area is strictly prohibited and must be patrolled by the Centre's Security personnel.

The Authority further agrees to permit the Centre's personnel to enter the Park lands effective the 22^nd May, 2002 for the purpose of constructing the said tenting and seating facilities and fenced enclosures. The Centre agrees that there shall be no interference with the Park's staff at any time in normal maintenance operations.

(i)connections to be done by qualified electrician.

(ii)cables must not interfere with public access to residence and laundromat.

The Authority also agrees that the electric power supply of number 3 (three) cluster's area "D" site number 6 (six), 7 (seven) and 8 (eight) inclusive may be used by the traders.

(l) The Authority agrees to arrange with the Regional Police Service to police the Park

in unmarked police vehicles during the period 24 to 26 May inclusive 2002.

(m) The Centre agrees to accept full responsibility for the security and cleaning of all campsites and other areas of the Park specified for the Centre's use and control elsewhere in this Agreement with the exception of washroom facilities, which shall be the responsibility of the Authority's maintenance staff. The Centre will be responsible to remove garbage from the enclosed compound to designated areas for removal.

(n) The Centre agrees to supply its firewood requirements through its own resources and such foodstuffs that are not obtainable from the Park's Retail store. The Centre further agrees that mobile canteens, vending machines or concessions will not be permitted to sell carbonated beverages, confections or foodstuffs which are available in the campsite store. It is the responsibility of the Centre to police the vendors as failure to comply will result in the damage deposit being forfeited.

(o) The Centre shall ensure that Vendors are to supply their own seating facilities including tables for their patrons particularly in the food court area. Campsite picnic tables should not be used for this purpose.

(p) The Centre shall be responsible for arranging with Bell Canada for the installation and removal of such temporary telephone facilities as the Centre may require. The Centre agrees that the Park's telephones (other than Pay telephones) shall not be available for use of Centre personnel or guests. During quiet hours telephone facilities should be made available to the ODAWA security staff by the Centre.

(q) The Centre shall provide portable toilets as necessary. The two public washrooms at the store/office area are not for heavy use and will be closed during the celebration. Additional portable toilets should be installed in this area. Six (6) are recommended. Washrooms will be closed during cleaning and portable toilets should be available in those areas.

(n) The Centre agrees to remove from Park lands not later than 29^th May, 2002, all temporary structures and fencing referred to in paragraph (b) above and all other equipment and property owned, borrowed or rented by the Centre for purposes of the Celebrations. The Centre further agrees that the areas used and occupied by the Centre will be cleaned on the morning of 29^th May 2002. All areas should be in the same condition they were in when accepted by the Centre on 24^th May 2002. This will be determined by the Manager and selected Centre representative. The Centre agrees to cover the cost of wages of the Campsite Maintenance Staff if all areas are not restored by the Centre to the same condition they were accepted by the Centre on 24^th May, 2002. It is understood that this cost would be deducted from the aforementioned $1500.00 deposit.

(o) The Centre shall provide 50 complementary passes for the City of Ottawa, Councillors and Campsite Authority members at time of signing the agreement.

In witness whereof the parties hereto have affixed the signatures of their authorized signing officer.

________________________________ _____________________________________

Witness Ottawa-Nepean Municipal Campsite Authority

Name: Name:

________________________________ _____________________________________

Witness The Odawa Native Friendship Centre

Name Name

Corporate Services, Secretariat/Secrétariat, Services généraux

580-2424, ext/poste 21622; Monique.Beauregard@Ottawa.ca

RECOMMANDATION DU RAPPORT

BACKGROUND

DISPOSITION