To:

The Corporation of Delta COMMISSION REPORT

Regular Meeting

Parks, Recreation & Culture Commission File No.: 02100-30

From: Parks, Recreation & Culture Department

Date: September 10, 2014

Esquires Coffee House - Business Name Change

• RECOMMENDATION:

THAT the Parks, Recreation & Culture Commission recommend to Council that approval be given to change the business name of Esquires Coffee House to Cravings Coffee - 46144 7 BC LTD in their existing lease agreement with the Corporation of Delta.

• PURPOSE:

To seek approval to change the business name from Esquires Coffee House (Esquires) to Cravings Coffee -461447 BC LTD (Cravings Coffee) in the existing lease agreement between the Corporation of Delta (Delta) and Esquires (Attachment A).

• BACKGROUND:

The lease agreement between Delta and Esquires at the Sungod Recreation Centre (Sungod) is in effect until July 31, 2016. Staff was contacted by the owner of Esquires requesting a business name change from Esquires to Cravings Coffee effective immediately.

A name change to an existing lease agreement is permissible pending Council approval.

• DISCUSSION:

The request for the business name change is a result of action by Cooks Global Foods - New Zealand (Cooks) who has purchased Esquires. Cooks has chosen not to purchase independent franchise stores. The franchise owner at Sungod intends to continue operating under the name of Cravings Coffee within the terms of the existing lease agreement providing the same product and business service that is provided under the former name of Esquires.

The request to change the business name has been reviewed by Delta's legal department who confirm that the lease agreement can be modified to reflect the change in the business name. All other terms and provision of the lease agreement will remain in full force and effect.

Page 2 of 2 Esquires Coffee House - Business Name Change 02100-30

Implications:

September 10, 2014

Financial Implications - There are no implications associated with the business name change.

• CONCLUSION:

Approving the business name change from Esquires to Cravings Coffee will allow the owner/operator to continue to provide related services at Sungod under the terms of the current lease agreement.

Ken Kuntz Director of Parks, Recreation & Culture

Department submission prepared by: Pat Ansell, Recreation Complex Facility Manager PA/ps/dlc

• ATTACHMENT:

A. Lease Agreement

F:\ADMIN\Commission Reports\Commission Reports - 2014\PA006.docx

THE CORPORATION OF DELTA

File: 9255-10

April 8, 2011

Gillian Broser, President Esquires Coffee House (Nordel) 461447 B.C. Ltd. 11146B 84 Avenue Delta, BC V4C 2L7

Dear Gillian:

Attachment A Page 1of2

Subject: letter Agreement to Renew the lease Agreement between Esquires Coffee House (Nordel) - 461447 B.C. Ltd and the Corporation of Delta at Sungod Recreation Centre, located at 7815 112 Street, Delta, BC V4C 4V9 {the "Premises")

Thank you for your letter, dated January 15, 2011 requesting a renewal of the Lease Agreement dated August 12, 2003 (the "lease") to Esquires Coffee House (Nordel) - 461447 B.C. Ltd. (Esquires). Under Se(tion 1.2 of the Lease, at the expiration of your term on July 31, 2011, Esquires has the right to renew the Lease for an additional term of five (5) years at a rental rate ·of $1,075.00, plus all applicable taxes per month.

In consideration of the above, we write to set out the following terms for the renewal of the term:

1. Unless otherwise expressly mentioned in or amended by this Letter Agreement, all terms and conditions remain as stated in the Lease;

2. The renewal term shall be for five (5) years commencing on August 1, 2011 and terminating on July 31, 2016;

3. The rental rate for the entirety of the renewal term is $1,075.00, plus all applicable taxes per month to be paid in advance on the first day of each and every month of the Term.

4. Esquires does not have a further right of renewal after July 31, 2016.

If the renewal terms as per this Letter Agreement are acceptable to Esquires, kindly acknowledge your acceptance by executing the two (2) enclosed originals of this Letter Agreement as indicated and returning both originals to the attention of the writer to attend to execution on behalf of Delta. Once both parties have signed, we will forward to your attention a fully executed original for your records. Should you have any questions or concerns, please contact the writer at your convenience.

4500 Clarence Taylor Crescent, Delta, British Columbia, Canada V4K 3E2 Tel (604) 946-4141

Subject: Letter Agreement to Renew the Lease Agreement Between Esquires Coffee House (Nordel)- 461447 P.C. Ltd. And the Corporation or Delta at Sungod Recreation Centre, located at 7815 112 Street, Delta, PC V4C 4V9 (the "Premises")

File No: 9255-10

We look forward to continuing our relationship with you.

Yours truly,

Ken Kuntz

Director, Parks, Recreation & Culture

CC: Samien Safaei, Lands Solicitor

Pat Ansell, Recreation Complex Facility Manager

Steve Napper, Facility Operations Supervisor]

Attachment A Page 2 of 2

Page 2 or 2

THIS LEASE RENEWAL LETIER AGREEMENT IS AGREED AND CONFIRMED by the authorized signatory

of Esquires Coffee House (Nordel) - 461447 B.C. Ltd. this 15_ day of A:pti..(1< , 2011.

ESQUIRES COFFEE HOUSE (NORDEL)- 461447 B.C. LTD.

Per: /~u.-l~•L.lJ,~.c.,v " Gillian Broser

President

THIS LEASE RENEWAL LETIER AGREEMENT IS AGREED AND CONFIRMED by the authorized

signatory(ies) of the Corporation of Delta this~ day of lijtuJ , 2011.

THE ORPOR TION OF DELTA

Per: -~:::;...__;;..;z~~/.,_-__ Aflii™idpal Clerk

: ADMIN\Leases and agreements\Agreements\Esquires Coffee House\lease Renewal, 2011.docx