HomeMy WebLinkAboutOES 47-02
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Report Number: OES 47-02
Date: November 6, 2002
CiÚf o~
REPORT TO THE
FINANCE & OPERATIONS COMMITTEE
From:
Stephen Reynolds
Division Head, Culture & Recreation
Subject:
West Shore Community Centre
- Gingerbread Co-operative Nursery School (Pickering) Inc.
- Lease Renewal
File: CO3000
Recommendation:
1.
That Report OES 47-02 be received by Council and; that
2.
A by-law be enacted to authorize the execution of a renewal Licence Agreement
to permit the Gingerbread Co-operative Nursery School (Pickering) Inc. to
continue to operate a co-operative nursery school at the West Shore Community
Centre from January 1,2003 to December 31,2005.
Executive Summary:
The Gingerbread Co-operative Nursery School (Pickering) Inc. have an existing Licence
Agreement for the use of West Shore Community Centre. The Gingerbread Co-
operative Nursery School (Pickering) Inc. have requested to renew this agreement for
the next three years.
The Operations & Emergency Services Department recommend that a renewal
agreement be initiated with the Gingerbread Co-operative Nursery School (Pickering)
Inc.
Financial Implications:
Revenues:
2003
2004
2005
$336/month x 10 months
$352/month x 10 months
$368/month x 10 months
$ 3,360
$ 3,520
$ 3,680
$10,560
$10,560 maximum over 3 years
Report OES 47-02
Date: November 6, 2002
Subject: West Shore Community Centre
- Gingerbread Co-operative Nursery School (Pickering) Inc.
Page 2
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Background:
On August 3, 1999, Council enacted By-law #5539/99 to authorize the execution of a
Licence Agreement with the Gingerbread Co-operative Nursery School (Pickering) Inc.
for the use of the West Shore Community Centre.
The Gingerbread Co-operative Nursery School have requested to renew this agreement
for the next three years. The monthly fee in the renewal agreement has been
increased from $3,200 (based on $20.00 per child for 16 children) to $3,360 (based on
$21.00 per child for 16 children) the first year; $3,520 (based on $22.00 per child for 16
children) the second year; and $3,680 (based on $23.00 per child for 16 children) for
the third year.
The renewal agreement allows the Nursery School to continue to use the West Shore
Community Centre, Monday to Friday, 8:30 a.m. to 12:30 p.m.
The Director, Operations & Emergency Services and the Division Head, Culture &
Recreation recommend that a renewal agreement be initiated with the Gingerbread Co-
operative Nursery School.
Enactment of the draft by-law attached will authorize the execution of a renewal Licence
Agreement for a three year period (from January 1, 2003 to December 31, 2005) in the
form attached hereto as Schedule A (Authority - Municipal Act RS.O. 1990, c. M.45,
Sections 191 (1) and 207 (58)).
Attachments:
1 . Draft By-Law
2. Schedule A
/'
SR:lg
Attachments
Copy: Chief Administrative Officer
Director, Corporate Services & Treasurer
Cit Solicitor
Recommended for the consideration of
Pickering City Council
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ATTACHMENï#-LroREPoRT# O~S 41-02
102
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO.
Being a by-law to authorize the
execution of a License Agreement with
Gingerbread Co-operative Nursery
School (Pickering) Inc. for the
operation of a Nursery School at the
West Shore Community Centre.
WHEREAS, as the City runs and operates a community centre known as the
West Shore Community Centre in the Fairport Community in the City. of
Pickering, and
WHEREAS, the School operates a co-operative nursery school and is desirous
of using the West Shore Community Centre for the purpose of such operation,
and
WHEREAS, pursuant to the provisions of paragraph 207.58 and 191 of the
Municipal Act, RS.O. 1990, chapter M.45, as amended, the Council of the
Corporation of the City of Pickering may pass by-laws for leasing premises
owned by the Corporation,
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
1.
The Mayor and Clerk are hereby authorized to execute a License
Agreement, in the form attached hereto as Schedule A between the
Corporation of the City of Pickering and the Gingerbread Co-operative
Nursery School (Pickering) Inc. for the continued use of the West Shore
Community Centre.
BY-LAW read a first, second and third time and finally passed this 2nd day of
December, 2002.
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
ATTACHMENT# 2 TOREPORT#OES
L1Î- 02.
11'3
SCHEDULE A
THIS LICENCE AGREEMENT made December 2, 2002, pursuant to the provisions of
section 207.57 of the Municipal Act, RS.O. 1990, chapter M.45,
BETWEEN:
THE GINGERBREAD CO-OPERATIVE NURSERY SCHOOL (PICKERING) INC.
herein called the "School"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE CITY OF PICKERING
herein called the "City",
OF THE SECOND PART.
WHEREAS the City owns and operates a community centre known as the West Shore
Community Centre in the Fairport Community in the City 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 City 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 the
mutual covenants and agreements contained herein, the Parties hereto agree as follows:
DEFINITIONS
1.
In this Agreement, the term,
(a)
Department means the City's Operations and Emergency Services
Department; and
(b)
West Shore Community Centre means the building owned by the City and
located at 1011-1015 Bayly Street in the City of Pickering.
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4.
TERM
2.
The City grants the School the exclusive right to use, occupy and operate the
School, for a period beginning January 1, 2003 and ending December 31, 2005 (3
year term).
FEE
3.
NOW THEREFORE, THIS AGREEMENT WITNESSETH that in consideration of
other good and valuable consideration and the sum of Three Thousand, Three
Hundred and Sixty dollars ($3,360) (based on $21.00 per child for 16 children) for
the 1st year; Three Thousand, Five Hundred and Twenty dollars ($3,520) (based
on $22.00 per child for 16 children) for the 2nd year; and Three Thousand, Six
Hundred and Eighty dollars ($3,680) (based on $23.00 per child for 16 children) for
the 3rd year, one payment being due on the 1 st day of January, February, March,
April, May, June, September, October, November and December.
OPERATION
The School, its servants, agents and employees, 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 January 1,2003 to
December 31,2005, inclusive.
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 City 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, Monday to Friday, to
facilitate the use of the Community Centre and associated facilities, for other
purposes;
(d)
indemnify the City for any costs, claims or damages resulting from any loss,
damage or injury (including loss of life) to a"ny 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;
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(b)
(c)
(d)
(e)
(f)
(g)
1(,5
(e)
provide ten post-dated cheques, prior to the start of each school season, payable to
the City, in the amount set out above, with the executed copies of this Agreement.
The City 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 January 1,
2003 to December 31,2005.
provide the necessary electrical power, heat and other utilities, subject to the
provisions of section 5, hereof;
provide the School with equipment storage cupboards of adequate size;
provide the School with a kitchenette facility for the purpose of providing light
snacks for School staff and children; and
have the power, through the City's staff, to direct the School's staff when a situation
may cause damage to the Community Centre premises.
The term of this Agreement shall be from January 1,2003 to December 31,2005.
Either Party to this Agreement may terminate this Agreement at any time during the
term hereof upon 90 days written notice to the other.
The City'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 City
responsible for, and the City shall not be liable to the School in any manner for, the lack of
satisfactory facilities resulting from the City's inability to provide same as a result of acts of
God, mechanical failure or other circumstances beyond the City's control.
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.
INSURANCE
5.
(1 )
Prior to occupying the Premises, the Tenant shall, at its own expense, shall provide:
(a) comprehensive general public liability insurance, identifying The
Corporation of the City of Pickering as an additional insured, including
coverage for personal injury, contractual liability, tenant's legal liability,
non-owned automobile liability, death and property damage, on an
occurrence basis with respect to the business carried on at the Premises
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1. ('I f)
(2)
and the Tenant's use and occupancy of the Premises, with coverage for
anyone occurrence or claim of not less than $2,000,000, which
insurance shall protect the Landlord in respect of claims by the Tenant
as if the Landlord was separately insured;
(b) insurance in respect of fire and other perils covering the leasehold
improvements, trade fixtures, furniture and equipment in the Premises
for not less than the full replacement cost thereof; and
(c) a certificate of insurance coverage in a form satisfactory to the Landlord,
prior to the Tenant taking possession of the Premises, which insurance
coverage shall be kept in full force and effect throughout the Term of the
Lease and any renewal(s) thereof.
The Tenant covenants with the Landlord that the Tenant, in its use and occupation
of the Premises, will not do or omit or permit to be done or omitted anything which
shall cause any insurance premium of the Landlord to be increased, and if any
insurance premium shall be so increased, the Tenant shall pay to the Landlord
forthwith upon demand the amount of such increase. If notice of cancellation or
lapse shall be given respecting any insurance policy of the Landlord or if any
insurance policy shall be cancelled or refused to be renewed by an insurer by
reason of the use or occupation of the Premises or any part thereof, the Tenant
shall forthwith remedy or rectify such use or occupation upon being requested to do
so in writing by the Landlord and if the Tenant shall fail to do so the Landlord may,
at its option, terminate this Lease forthwith by notice in writing and the Tenant shall
immediately surrender possession of the Premises to the Landlord and thereupon
rent and all other amounts for which the Tenant is liable under this Lease shall be
apportioned and paid in full to the date of surrender; provided that the Tenant shall
have the right to replace such cancelled insurance at any time prior to the
Landlord's notice of termination.
LIABILITY OF THE CITY
6.
The City shall not be liable to the School for any loss of or damage to the
Concessions or any equipment or inventory therein or related thereto, whether
caused by fire, theft, burglary or otherwise, unless such loss or damage was
caused by the negligence of the City, its servants, agents or employees.
EARLY TERMINATION
7.
(1 )
Either the School or the City may terminate this Agreement prior to its
expiry by giving 90 days written notice to the other.
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In?
(2)
If this Agreement is terminated by the City pursuant to subsection (1), all
outstanding fees shall immediately become due as if the date of
termination were the end of a calendar month.
(3) If any outstanding fees are not paid in accordance herewith on early
termination or at any other time, the City shall be entitled to retain and dispose
of any equipment installed in the Concessions in order to satisfy the
outstanding fees and the costs of collecting same.
ASSIGNMENT, BINDING NATURE AND BENEFIT HEREOF
8.
(1 )
This Agreement is not assignable by the School without the consent of
the City, which consent may be arbitrarily refused.
(2)
This Agreement shall ensure to the benefit of and be binding upon the
Parties hereto and their respective successors and assigns.
IN WITNESS WHEREOF the parties herein have hereunto affixed their respective
corporate seals attested to by the hands of its authorized officers.
SIGNED, SEALED AND DELIVERED
GINGERBREAD CO-OPERATIVE NURSERY
SCHOOL (PICKERING) INC.
THE CORPORATION OF THE CITY OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
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