2010-04-12_Supplemental Agenda Packet--Dossier de l'ordre du jour supplémentaireCity of Saint John
Common Council Meeting
Monday, April 12, 2010
Location: Common Council Chamber
Supplemental to Agenda
5.22 Saint John Adventures Use and Occupation of Property
13.3 Committee of the Whole City Market Management
City of Saint John
Seance du conseil communal
Le Lundi 12 Avril, 2010
Lieu Salle du conseil communal
Ordre du jour supplementaire
5.22 Saint John Adventures l'utilisation et l'occupation de propriete
13.3 Comite plenier Gestion du marche municipal
April 9, 2010
His Worship Mayor Ivan. Court and
Members of Common Council
Your Worship and Councillors,
Re: Saint John Adventures Use and Occupation of Property
Background
Saint John Adventures has been actively pursuing the establishment of a Zip Line
operation in the Fallsview Park. Negotiations are ongoing to finalize the various aspects
of the required licence to operate from the site. The developer wishes to enter the
property immediately in order to begin construction of various elements of the business.
The attached letter will allow this to occur at the developers risk and will limit the City's
exposure until the licence is authorized by Common Council and executed by all parties.
Recommendation
That Common Council gives to peiiiiission to Saint John Adventures Inc. to use and
occupy the property shown on Schedule `A' in accordance with the terms and conditions
set out in the accompanying letter.
Respectfully Submitted,
J. atrick Woods CGA
City Manager
April 9, 2010
Saint John Adventures Inc.
1845 Manawagonish Road
Saint John, NB
Attention: Mr. Terry Stevens
Dear Sir:
Re: Use and Occupation of City Property
This is written pursuant to our telephone conversation today during
which you sought permission to enter upon and use immediately the
City Property described in Schedule A attached to this correspondence.
Your purpose in doing so you explained would be to commence at once
work to establish a Zip Line so-called upon the Property. Your request
you indicated is made against the backdrop of your grave concern that
the constructors whom you've arranged to build the Zip Line might be
unable to proceed this season unless they begin to work within the
immediate future. It is also made against the backdrop of ongoing
negotiations between Saint John Adventures Inc. (SJA) and City staff to
establish the provisions of a formal arrangement governing the terms by
which SJA might construct and operate a Zip Line upon the Property.
I must emphasize that from the City's perspective the latter negotiations
have not concluded and it might be that Common Council would reject
such an arrangement or make it conditional upon terms or conditions
yet to be stipulated.
We are appreciative, however, of your concern and consequently are
prepared to permit you, your employees, agents, contractors,
consultants and others retained or directed by SJA to enter upon and
use the Property for the purpose of establishing a zip line so-called,
upon the following terms:
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2 Saint John Adventures Inc.
Prior to entry, SJA shall deliver to my office a Certificate of
Insurance issued by an insurance company licensed to do
business in the Province of New Brunswick, evidencing a
comprehensive general liability policy on "an occurrence" basis
adding the City of Saint John as an "additional insured", which
coverage will be in an amount not less than $2,000,000.00; the
Certificate shall provide that such coverage shall not be
cancelled or allowed to lapse without the City's receiving thirty
(30) days prior written notice thereof.
2. That prior to entry, SJA shall deliver to my office an
indemnification in a form satisfactory to the City Solicitor which
will operate to indemnify, defend, and save harmless the City, its
officers and employees, etc. from and against any and all losses,
costs, claims, demands, expenses of any and every nature for
injury or damage, direct, consequential and incidental, to
persons or property in any way related to or connected with
SJA's exercising its permission hereunder.
3. SJA acknowledges and agrees that the City may in its sole and
absolute discretion withdraw its permission hereunder at any
time and without obligation to SJA.
4. That prior to entry, SJA shall deliver to my office a full Release in
a form satisfactory to the City Solicitor, which to the fullest extent
permitted by law releases and discharges the City, its
employees, officers, agents from and against any and all losses,
claims, demands of every nature and kind for injury or damages
including direct, consequential and incidental suffered by SJA
which are in any way related to or connected or associated with
SJA's exercising the permission granted hereunder.
5. That should the City withdraw its permission hereunder then SJA
shall at the City's request and within fourteen (14) business days
thereafter,remove from the Property at SJA's sole expense, any
structures erected or placed thereon by or on behalf of SJA;
failing which the City may do so and dispose thereof as the City
sees fit with any associated cost constituting a debt due by SJA
to the City.
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Saint John Adventures Inc.
If you agree with the foregoing terms please indicate by signing below
and appropriate documentation will be forthwith delivered to you for
execution by SJA.
Yours truly,
J. Patrick Woods, CGA
City Manager
(signature and title)
accept these terms and conditions this i ;1g day of April, 2010, on
behalf of Saint John Adventures Inc. I warrant and guarantee that I
have full authority to enter into this Agreement and to fully bind Saint
John Adventures Inc.
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The city of Saint )'ohoa
April 13, 2010
Common Council of the City of Saint John
His Worship Mayor Court, Deputy Mayor Chase and Councillors,
Subject: Committee of the Whole Closed Session City Market Management
The Committee of the Whole, having met on April 12, 2010, made the following
recommendation:
"RESOLVED that as recommended by the City Manager, that staff prepare a request for
proposals for third party management of the City Market and that the item be added to Council's
open session agenda."
Respectfully Submitted,
SAINT JOHN
Jonathan Taylor,
Assistant Common Clerk
P.O. Box 1971 Saint John, NB Canada E2L 4L1 I saintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 4L1