HomeMy WebLinkAboutBy-law 4533/94 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO, 4533/94
Being a by-law to authorize the execution of an
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 6, 1994 to dune 23,
1995).
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 Gingerbread Co-operative Nursery School (Picketing) 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 Picketing and the Gingerbread Co-
operative Nursery School (Pickering) Inc., respecting the use of the West Shore Community
Centre for the period September 6, 1994 to June 23, 1995.
BY-LAW read a first, second and third time and finally passed this 21 st day of November, 1994.
T OW,".I OF
PICKE[qING ~t'~
~.' ?,-'7.Y17~ W a~ ay~~_
LEGAl. DEW& Brace Taylor, Clerk
Schedule A
THIS AGREEMENT made 21st day of November, 1994,
BETWEEN:
TI~E CORPORATION OF THE TOWN OF PICKERING
herein called the "Town"
OF THE FIRST PART,
- and ~
GINGERBREAD CO-OPERATIVE NURSEY SCHOOL (PICKERING] 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 Picketing; 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
WItEREAS, the Town is prepared to permit the School 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 Throe Thousand and Six Hundred dollars ($3,600) payable by the School to the Town in ten
payments of Three Hundred and Sixty dollars ($360.00), one payment being due on the 9th day of each of September,
October, November and December, 1994 and of January, February, March, April, May and June, 1995, 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 6, 1994 to June 23, 1995,
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 thal 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 6, 1994 to June 23,
1995.
(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. (1) The term of this Agreement shall be from September 6, 1994 to June 23, 1995.
(2) 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.
IN 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.
Christine Linge, President
Sharon Seidel, Treasurer
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