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Dome Arbitration Dec7 2012

Dome Arbitration Dec7 2012

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Published by Jon Willing

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Published by: Jon Willing on Dec 07, 2012
Copyright:Attribution Non-commercial

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07/17/2013

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LEGAL SERVICES BRIEFING NOTE /NOTE SOMMAIRE DE SERVICESJURIDIQUES
To / DestinataireMayor and Members of CouncilFile/N° de fichier:From / Expéditeur M. Rick O’Connor Subject / Objet
T
HE
C
OLISEUM
I
NC
. – R 
ENTAL
A
GREEMENT
 
FOR 
I
NFLATABLE
D
OME
Date: December 7, 2012The purpose of this memorandum is to advise on the status of negotiations between the City of Ottawa andThe Coliseum Inc. (Coliseum) for the transfer of an inflatable soccer dome that was previously located atLansdowne Park to a University of Ottawa (University) sports field located at 200 Lees Avenue.Appreciating that most of the negotiations are undertaken on a confidential basis, I can advise that, insummary, the Parties were unable to reach an agreement and The Coliseum Inc. has referred the matter toarbitration.BACKGROUNDAs some Councillors may recall, the negotiations between the Parties have been ongoing for approximatelyone year following Council’s approval of the tripartite arrangement with the University, Coliseum and theCity on December 14
th
, 2011. Under the proposed Use and Occupancy Agreement (Agreement) that theCity had prepared for signing with The Coliseum Inc., it was anticipated that the dome could be installedand ready for use by November 15
th
, 2012.The Coliseum Inc. would not agree to the City’s version of the Use and Occupancy Agreement, and alsoinsisted on a signed agreement prior to installing the inflatable dome. City staff advised The Coliseum Inc.that the terms of the Use and Occupancy Agreement represented the best terms that could be obtained fromthe University of Ottawa and required that a signed version of the Agreement be returned by November 21
st
, 2012.On or about November 21
st
, 2012, The Coliseum Inc. responded to this letter by advising its clients that thedome would not be installed and returning the various deposits that had been collected for the 2012/2013dome season. In doing so, it was alleged that the City had terminated the negotiations, an allegation thatCity staff promptly denied.In the days that followed, City staff made various attempts to contact The Coliseum Inc. to determinewhether they considered that negotiations were, in fact, at an end. With no response from The ColiseumInc., and based on public statements made by Coliseum representatives, City staff believed that the threekey issues preventing The Coliseum Inc. from signing the Agreement were still negotiable. In the days thatfollowed, staff worked hard with representatives from the University to address these outstanding issues.Upon obtaining revised terms, these newly negotiated terms were communicated to The Coliseum Inc. in aletter dated November 29
th
, 2012.

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