HomeMy WebLinkAboutBy-law 5542/99THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 5542/99
Being a by-law to authorize the execution of a
Licence Agreement between The Corporation of
the Town of Pickering and Claremont Co-
Operative Nursery School Inc. respecting the use
of the Claremont Community Centre (September 6,
1999 to June 28, 2002).
WHEREAS the Town owns and operates a community centre known as the Claremont
Community Centre in the hamlet of Claremont in the Town of Picketing; and
WHEREAS the Claremont Co-Operative Nursery School Inc. operates a co-operative nursery
school and wishes to use the Claremont Community Centre, and associated facilities, for the
purposes of such operation;
NOW THEREFORE, the Council of the Corporation of the Town of Picketing HEREBY
ENACTS AS FOLLOWS:
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
Claremont Co-Operative Nursery School Inc., respecting the use of the Claremont
Community Centre for the period September 6, 1999 to June 28, 2002, inclusive.
BY-LAW read a first, second and third time and finally passed this 3rd day of August, 1999.
Wayne Arth~rs~~:
THIS AGREEMENT made this 3rd day of August 1999.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
herein called the "Town"
- and -
CLAREMONT CO-OPERATIVE NURSERY SCHOOL INC.
herein called the "School"
OF THE FIRST PART,
OF THE SECOND PART.
WHEREAS the Town owns and operates a community centre known as the Claremont Community Centre in the hamlet
of Claremont in the Town of Picketing; and
WHEREAS the School operates a co-operative nursery school and is desirous of using the Claremont 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 Claremont 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 One Thousand, Seven Hundred and Fifty dollars ($1,750) payable by the School to the
Town in ten payments of One Hundred and Seventy Five dollars ($175) for the 1st year; One Thousand, Nine Hundred
dollars ($1,900) payable by the School to the Town in ten payments of One Hundred and Ninety dollars ($190) for the
2nd year; and Two Thousand, One Hundred dollars ($2,100) payable by the School to the Town in ten payments of Two
Hundred and Ten dollars ($210) for the 3rd year, one payment being due on the first day of each of September, October,
November and December, and January, February, March, April, May and June, during the term hereof, the Parties hereto
covenant, promise and agree each with the other as follows:
1. 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 12:00 p.m. 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
Claremont 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
(f)
provide post-dated cheques, payable to the Town, in the amount set out above, with the executed copies
of this Agreement.
The School shall be allowed to use the Claremont Community Centre, and associated facilities, for the purpose of
operating a co-operative nursery school as follows:
Five mornings per week - (days to be determined by mutual agreement between the parties).
The Town shall:
(a)
allow the School to use the Claremont Community Centre, and associated facilities, for the purpose of
operating a co-operative nursery school as follows:
8:30 a.m. to 12:00 p.m., local time, from September 6, 1999 to June 28, 2002, inclusive.
(b) provide the necessary electrical power, heat and other utilities, subject to the provisions of section hereof;
(c) provide the School with an equipment storage cupboard 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 when a situation may cause damage
to the Community Centre premises.
(a)
(b)
The term of this Agreement shall be from September 6, 1999 to June 28, 2002.
Either Party to this Agreement may terminate this Agreement at any time during the term hereof upon 30
days written notice to the other.
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.
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 hereto have hereunto affixed their respective Corporate Seals attested to by the
hands of their authorized officers.
SIGNED, SEALED AND DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
CLAREMONT CO-OPERATIVE NURSERY SCHOOL INC.
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