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HomeMy WebLinkAboutBy-law 4662/95 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 4662/95 Being a by-law to authorize the execution of a Licence Agreement between The Corporation of the Town of Pickering and the Gingerbread Co-operative Nursery School (Pickering) Inc. respecting the use of the West Shore Community Centre (September 15, 1995 to dune 15, 1996). WHEREAS, the Town owns and operates a community centre known as the West Shore Community Centre in the Fairport Community in the Town o£Pickering; and WHEREAS, the Gingerbread Co-operative Nursery School (Pickering) Inc. operates a co-operative nursery school and wishes to use the West Shore Community Centre, and associated facilities, for the purposes of such operation; NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute an Agreement, in the form attached hereto as Schedule A, between The Corporation of the Town of Pickering and the Gingerbread Co- operative Nursery School (Picketing) Inc., respecting the use of the West Shore Community Centre for the period September 15, 1995 to June 15, 1996. BY-LAW read a first, second and third time and finally passed this 8th day of August, 1995. THIS AGREEMENT made 8th day of August, 1995, BETWEEN: THE CORPORATION OF THE TOWN OF P1CKERING herein called the "Town" OF THE FIRST PART, - and - GINGERBREAD CO-OPERATIVE NURSEY SCHOOL (PICKER1NG) iNC. herein called the "Town" OF THE SECOND PART. WHEREAS, the Town owns and operates a community centre known as the West Shore Community Centre in the Fairport Community in the Town of Pickering; and WHEREAS, the School operates a co-operative nursery school and is desirous of using the West Shore Community Centre and associated facilities, for the purpose of such operation; and WHEREAS, the Town is prepared to grant a licence to the school to permit it to use the West Shore Community Centre and associated facilities, for such purpose pursuant to certain conditions hereinafter set out; NOW THEREFORE, THIS AGREEMENT WITNESSETH that in consideration of other good and valuable consideration and the sum of Two Thousand, Six Hundred and Sixty dollars ($2,660) payable by the School to the Town in ten payments of Two Hundred and Sixty Six dollars ($266), one payment being due on the ISth day of each of September, October, November and December, 1995 and of January, February, March, April, May and June, 1996, the Parties hereto covenant, promise and agree each with the other as follows: 1. The School shall be allowed to use the West Shore Community Centre and associated facilities, for the purpose of operating a co-operative nursery school as follows: Monday to Friday, inclusive - 8:30 a.m. to 12:30 p.m., local time, from September 15, 1995 to June 15, 1996, inclusive. 2. The School shall: (a) provide and pay for all personnel, equipment and supplies for the purpose of its operation of the co- operative nursery school; (b) keep the Town free from any costs originating from the operation of the co-operative nursery school; (c) ensure that its operations conclude by 12:30 p.m., local time, daily, to facilitate the use of the Community Centre and associated facilities, for other purposes; (d) indemnify the Town for any costs, claims or damages resulting from any loss, damage or injury (including loss of life) to any person or property at any time on the premises or comprising the premises used by the School, however such loss, damage or injury may occur; (e) provide at its expense, and keep in force during the term hereof, for the benefit of the School and the Town, (a) general liability insurance in respect of injury to or death of one or more persons, or property damage, in an amount not less than $1,000,000; and (b) insurance against loss or damage by fire in respect of all Town-owned property comprising the West Shore Community Centre and associated facilities in the amount of $1,000,000 and containing the standard extended perils endorsements, naming the Town as co-insured; and provide ten post-dated cheques, payable to the Town, in the amount set out above, with the executed copies of this Agreement. 3. The Town shall: (a) allow the School to use the West Shore Community Centre and associated facilities, for the purpose of operating a co-operative nursery school as follows: Monday to Friday, inclusive - 8:30 a.m. to 12:30 p.m., local time, from September 15, 1995 to June 15, 1996. (b) provide the necessary electrical power, heat and other utilities, subject to the provisions of section 5, hereof; (c) provide the School with equipment storage cupboards of adequate size; (d) provide the School with a kitchenette facility for the purpose of providing light snacks for School staff and children; and (e) have the power, through the Town's staff, to direct the School's staff at all times. 4. (a) The term of this Agreement shall be from September 15, 1995 to June 15, 1996. (b) Either Party to this Agreement may terminate this Agreement at any time during the term hereof upon 30 days written notice to the other. 5. The Town's obligations pursuant to this Agreement shall be dependent upon the availability of satisfactory facilities during the term hereof. The School shall not hold the Town responsible for, and the Town shall not be liable to the School in any manner for, the lack of satisfactory facilities resulting from the Town's inability to provide same as a result of acts of God, mechanical failure or other circumstances beyond the Town's control. 6. This Agreement and everything contained herein shall not be assignable by either party and shall enure to the benefit of and be binding upon the Parties hereto. 1N WITNESS WHEREOF, the Parties herein have hereunto affixed their corporate seals, attested to by their officers duly authorized in that behalf. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk GINGERBREAD CO-OPERATIVE NURSERY SCHOOL (PICKERING) INC.