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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: 2 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. /3 3 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. S S.4*Di Euo i4 CI ----,N I .A.- e e 1 a- 6 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