uwR Document Archive
student pub agreement
5 Jan 1976

Final

This agreement made in triplicate the 5th day of January, 1976

Between:

University of Waterloo, a body corporate, hereinafter called the "University"

of the first part

-and-

The Federation of Students University of Waterloo, a body corporate, hereinafter called "F.o.S."

of the second part

Whereas the area located at the South end of the first floor of the Campus Centre Building (Rooms #122, #123, #124, #125, #126, #127, #128, #129, #130, #131, #157) situated on the campus of the University, having a floor area of approximately 4000 square feet (hereinafter called the "Student pub") is designated a Canteen under the provisions of the Liquor Licence Act, Chapter 250, R.S.O., 1970 and Amendments thereto;

And Whereas the Liquor Licence Board of Ontario has issued a lounge Licence with respect to the Student Pub to the Director of Administrative Services;

And Whereas the Student Pub has been operated by the F.o.S. for a period in excess of two years as a place of recreation and entertainment for students of the University and their guests;

And Whereas the operation of the Student Pub by the F.o.S. has, in the judgment of the President of the University having responsibility form the general and academic administration of the Institution, been satisfactory and appropriate to the recreational and social needs of the students;

Now This Agreement Witnesseth that in consideration of the mutual covenants and promises herein contained, the Parties hereto agree as follows:

1. The University and the Director of Administrative Services hereby appoint the F.o.S. as their Agent, to act as Manager of the Student Pub for the purpose of undertaking therein the operation of a liquor Lounge, and to do all such things as may be necessary or required to accomplish then same, subject to and in accord with the Liquor Licence Act and Regulations there-under; and as included in Schedule "A" attached hereto.

2. Without limiting the generality of the foregoing, the F.o.S. shall employ all persons required to undertake the operation of the Student Pub, and maintain and observe Rules and Regulations for the operation of the Student Pub, and maintain all such books of accounts and records as may be required, and account for all monies received and disbursed in connection with the said operation.

3. The F.o.S. shall appoint a Manager of the Student Pub whose appointment and that of his successors shall be subject to prior written approval of the University through the Director of Administrative Services and the Liquor Licence Board of Ontario.

4. The Manager of the Student Pub and his salary, together with the salaries and wages of all other persons employed in the Student Pub and all entertainment provided therein, shall be paid by the F.o.S.

5. The duties of the Manager of the Student Pub shall include the following:

(a) The hiring and firing of personnel;

(b) The protection of property within the Student pub;

(c) The maintenance of order, discipline and decorum during the hours of operation of the Student Pub;

(d) The maintenance of adequate records and the safe keeping of money and other valuables;

(e) The maintenance of hours of operation in accord with the Liquor Licence Act and Regulations thereunder;

(f) The provision of daily sales and inventory records;

(g) The observance of all Municipal, provincial and Federal Statutes, By-Laws and Regulations; and

(h) The requisition and inventory of liquor and other supplies.

6. The F.o.S. agrees to comply with all legal requirements of any competent body whether Municipal, Provincial or Federal, relating to health and sanitation, and shall ensure, by provision of personnel and materials, that the equipment with which it undertakes the service of liquor is kept in a clean and sanitary condition;

7. Without limiting the generality of the foregoing, the F.o.S. covenants and agrees as follows:

(a) That it will, not later than the fifteenth day of each month, deliver to the university a financial statement setting forth the sales of liquor and other materials made within the Student Pub during the previous month, in sufficient detail to permit the accurate calculation of the gallonage tax;

(b) That it will maintain books of account and records relating to the operation of the Student Pub in such form as the Auditors of the F.o.S. and the University respectively may agree, and shall make the same available for inspection by the University at all reasonable times; such books of account and records shall include such data as are prescribed by The Liquor Licence Act and Regulations thereunder, relating tot eh purchase and inventory of liquor supplies and other materials;

(c) That it will deliver to the Director of Administrative Services a written report not later that twenty four hours following the attendance at the Student Pub of an Official of The Liquor Licence Board of Ontario or other Law Enforcement Officer relative to an alleged breach of law, or the happening of any accident or unusual incident within the Student Pub, the same including, by way of illustration, disorderly conduct, personal injury and property damage, the presence of unauthorized persons and similar matters;

(d) That it will hire all staff consistent with its existing agreement with the university, and will pay all bills when due;

(e) That it will obtain and maintain Public Liability and property Damage Insurance with liability limits of not less that One Million Dollars ($1,000,000) inclusive , for personal injury to one or more persons and property damage arising from any one accident or occurrence, and will supply the University through the Director of Administrative Services with a certified copy of such insurance coverage, which shall provide that such coverage shall not be terminated without thirty (30) days prior written notice to the University and the Director of Administrative Services, who shall be listed as co-insureds;

(f) That it will comply with all legal requirements and assessments of the Workmen's Compensation Board of Ontario with respect to its employees;

(g) That it will obtain and maintain adequate Fire and Theft Insurance to cover its own supplies and property, including money which may at any time be within the Student pub premises;

(h) That it will reimburse the university for any damage occasioned to the University's furnishings, equipment and premises through negligence or wilful act of the F.o.S., its clerks, servants and agents or persons attending the Student Pub;

(i) That it will prepare, prior to commencement of this Agreement and prior to any renewal hereof, a Budget indicating anticipated financial performance of the Student Pub for the period covered by the Agreement, and indicating revenues and expenses during each month within such periods;

(j) That it will reimburse the University, in accord with agreements made from time to time between it and the University, for any costs assumed by the University for renovations, alterations, repairs and additions to the University Campus Centre arising directly or indirectly from the establishment and operations of the Student Pub;

(k) That it will not undertake any renovation, alteration, improvement or addition to the area occupied by the Student pub without the prior written approval of the Director of Administrative Services, Liquor Licence Board of Ontario, and Fire Marshals Office;

(l) That the repayment to the university of the costs referred to in sub-paragraph (j) hereof shall be a first charge upon its funds, and in the event the same are not paid, such non-payment shall be deemed sufficient cause for termination of the within Agreement by the University.

(m) That it will arrange for the medical examination of all persons employed by it and under its supervision and control for the performance of the within Agreement as and when the same shall be necessary.

(n) That it will assure that all persons attending the Student Pub and all persons subject to its control and supervision shall abide by the Rules and Regulations of the University;

(o) That it will undertake, at its sole expense, all renovations and other work within the confines of the Student Pub as may be required by the Liquor Licence Board of Ontario, and indemnify and hold harmless the University from any claims or demands which may arise therefrom; including any action under the provisions of the Mechanic's Lien Act (Ontario);

(p) That the F.o.S. will adhere to the price structures and policies for the purchase of goods for sale established by the university.

8. It is understood and agreed that the University shall have access at all times tot eh Student Pub, for the purpose of undertaking inspection of the physical area and its operations, and to assure compliance by the F.o.S. with the terms within the Agreement;

9. The F.o.S. covenants and agrees that it will at all times hereafter indemnify and save harmless the University and the Director of Administrative Services from any and all claims and demands, suits or actions, costs, charges, damages and expenses or claims for contribution or indemnity which may be made or brought against the university of the Director of Administrative Services by any person, corporation or other entity by reason of loss, damage or injury caused by the F.o.S., its agents, servants, employees otr[person attending the at the Student Pub or persons under its supervision, care or control, whether caused by negligence or otherwise.

10. The University covenants and agrees that it will at all times hereafter indemnify and save harmless the F.o.S. from any and all claims and demands, suits or actions, costs, charges, damages and expenses or claims for contribution or indemnity which may be brought against the F.o.S. by any person, corporation or other entity by reason of loss, damage or injury caused by the University, its agents, servants, employees or persons attending a the Student Pub or persons under it supervision, care or control, whether caused by negligence or otherwise.

11. the University covenants and agrees that it will purchase all liquor required by the F.o.S. for the operation of the Student Pub. The F.o.S. will pay the University for the cost of such service within twenty four hours of receipt of invoice.

12. the F.o.S. acknowledges that it and the Manager of the Student Pub employed by it are knowledgeable about the provisions of the Liquor Licence Act of Ontario and regulations thereunder, and covenants and agrees that they shall inform and instruct all persons employed by them within the Student Pub concerning same.

13. The within Agreement shall remain in force and effect to and including the 30th day of April, 1977, and from year to year hereafter, provided that it may be amended from time to time as may be required, withy mutual consent; and further

(a) The University may terminate the agreement at its option in the event of the F.o.S. failing to remedy any one of the following conditions or events, forthwith upon the occurrence thereof:

(i) The cancellation or suspension of the Liquor Licence by The Liquor Licence Board of Ontario;

(ii) Any breach of the Liquor Licence Act or Regulations thereunder;

(iii) Any breach of a Statute, Regulation or By-Law;

(iv) The making of any Agreement with a Manufacturer of liquor, whose purpose is to promote the sale of a product of such Manufacturer;

(v) The permitting of drunkenness, wilful damage or disorderly conduct.

(b) the F.o.S. may terminate the Agreement at its option in the event of any of the following conditions or events;

(i) A change in the liquor Licence Act enabling the F.o.S. to obtain its own liquor licence;

(ii) The inability of the Student Pub to maintain financial solvency.

(c) This Agreement will continue in full force and effect until the 30th day of April 1977, at which time there shall be automatic twelve month renewals, unless either PARTY hereto notifies the other Party in writing of its intention to terminate. Such notice of termination shall be given not less that 60 days prior to the date of 30 April, including the date of 30 April 1977.

14. The F.o.S. agrees to maintain at all times an inventory of furnishings, furniture and equipment at least equal in quantity and quality to the items detailed in Schedule "B" attached. The F.o.S. acknowledges that the items detailed in Schedule "B" hereto are owned by the university, and that all replacements from time to time of such items will also be owned by the University.

15. This Agreement shall not be assignable by either Party without he prior written consent of the other.

16. This Agreement shall ensure to the benefit of and be binding upon the Parties hereto and their respective heirs, administrators successors and assigns

In Witness Whereof the Parties hereto have hereunto affixed their hand and seal; and corporate seals attested to by the hands of their proper Officers in that behalf.

Signed, Sealed and Delivered

University of Waterloo

The Federation of Students