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HomeMy WebLinkAboutBy-law 4294/93 THE CORPORATION OF THE TOWN OF PICKERiNG BY-LAW NO. 4294/93 Being a by-law to authorize the execution of a Reciprocal Use of Facilities Agreement between The Durham Board of Education and the Town. WHEREAS The Durham Board of Education is a board as defmed in the Education Act, R.S.O. 1990, chapter E.2, subsection 1(I), and as such is the owner of certain school buildings and lands within the geographic boundaries of the Town of Picketing which facilities are used by members of the public and various community groups for both private and Town-sponsored activities; and WHEREAS The Corporation of the Town of Picketing is an area municipality within the Regional Municipality of Durham and is the owner of certain parks and recreational buildings within the geographic boundaries of the Town of Picketing which facilities are used by members of the public (including students enrolled in The Durham Board of Education's schools) and various community groups for both private and Board-sponsored activities; and WHEREAS, pursuant to paragraph 208.58 of the Municipal Act, R.S.O. 1990, chapter M.45, the Council of The Corporation of the Town of Pickering may pass by-laws for operating and managing recreational areas, playgrounds, athletic fields, auditoriums, community recreation centres and other places of recreation and amusement; and WHEREAS each of The Durham Board of Education and The Corporation of the Town of Picketing wishes to enter into a reciprocal use agreement to provide for the use by the other of certain of its facilities, and for the use of The Durham Board of Education's facilities by certain community groups acting under the auspices of The Corporation of the Town of Picketing; NOW THEREFORE the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Reciprocal Use of Facilities Agreement, in the form attached hereto as Schedule A, between The Durham Board of Education and The Corporation of the Town of Pickering, respecting the reciprocal use of facilities commencing September 1, 1993. BY-LAW read a first, second and third time and finally passed this 4th day of August, 1993. Wayne Air'rs, Mayor SCHEDULE A THIS RECIPROCAL USE OF FACILITIES AGREEMENT made June ,1993, BETWEEN: THE DURHAM BOARD OF EDUCATION herein called the "Board" OF THE FIRST PART, TIlE CORPORATION OF THE _T_QWbI~ herein called the "Town" OF THE SECOND PART. WHEREAS the Board is a board as def'med in the Education Act, R.S.O. 1990, chapter E.2, subsection l(1), and as such is the owner of certain school buildings and lands within the geographic boundaries of the Town of Picketing which facilities are used by members of the public and various community groups for both private and Town-sponsored activities; and WHEREAS the Town is an area municipality within the Regional Municipality of Durham and is the owner of certain parks and recreational buildings within the geographic boundaries of the Town of Pickering which facilities are used by members of the public (including students enrolled in Board schools) and various cormnunity groups for both private and Board-sponsored activities; and WHEREAS the Town bas the authority under the Municipal Act, R.S.O. 1990, chapter M.45, paragraph 208.58, to operate and manage recreational areas, playgrounds, athletic fields, auditoriums, community recrealion centres and other places of recreation and amusement; and WHEREAS each of the Board and the Town wishes to enter into a reciprocal use agreement to provide for the use by the other of certain of its facilities, and for the use of the Board's facilities by certain community groups acting under the auspices of the Town; NOW THEREFORE THIS AGREEMENT W1TNESSETH THAT, in consideration of the sum of $2.00 now paid by each to the other, the receipt of which by each is hereby acknowledged, and of the terms and conditions herein set out, the Board and the Town covenant and agree as follows: 1. TERM OF AGREEMENT (1) This Agreement shall be in effect for a term of ten years, beginning September 1, 1993 and expiring August 31, 2003, unless it is extended or earlier terminated pursuant to this section. (2) Despite the provisions of subsection (1), upon the expiry of the term hereof, or of any extension of the term hereof, the term of this Agreement shall be deemed to be extended for a further period of ten years, upon the same terms and conditions as are contained herein (including this provision for extending the term of this Agreement), unless either the Board or the Town, at least one month before the expiry of the term or any extension thereof, gives written notice to the other of its intention to terminate the Agreement upon the expiry of the current term. (3) Either party may terminate this Agreement prior to the expiry of the term, or any extension thereof, by giving six months written notice to the other party. 2. ASSIGNMENT OF AGREEMENT Neither party shall assign any of its rights or obligations hereunder to any person without the prior written permission of the other pa~y. 3. NOTICE (1) Any notice given under any provision of this Agreement shall be sufficiently given if personally served upon, or mailed by prepaid ordinary mail to, (a) in the case of notice to the Board, The Superintendent of Plant, The Durham Board of Education, 555 Rossland Road West, Oshawa, Ontario LIJ 3H3; (b) in the case of notice to the Town, The Dixector of Conmmnity Services and Facilities, The Corporation of the Town of Picketing Picketing Civic Complex, One The Esplanade, Pickering, Ontario LIV 6K7. (2) Any notice personally served in accordance with subsection (I) shall be deemed to have been given on the next calendar day following the day of service. (3) Any notice served by ordinary mail in accordance with subsection (l) shall be deemed to have been given on the sixth calendar day following the day of mailing. (4) If an interruption in postal service occurs on the day of marling of any notice or within the six calendar days after the day of mailing, then the notice shall be deemed to have been given on the sixth calendar day following the resumption of postal service, unless in the meantime the notice has been personally served, in which case the provisions of subsection (2) shall apply. 4. I_ R (1) The Schedules attached hereto shall form part of this Agreement. (2) In this Agreement, the term "force majeure" means acts of God, strikes, lockouts or other labour disturbances, civil disturbances, arrests and restraints from rulers and persons, interruptions by government or court orders, future valid orders of any regulatory body having jurisdiction, acts of a public enemy, wars, riots, sabotage. epidemics, landslides, snowslides, lightning, earthquake, fire, storm, flood, washout or explosion and any other event or occurrence beyond the reasonable control of the Board or the Town, as the case may be, whether or not of the nature of those mentioned above. (3) This Agreement and everything contained herein shall enure to the benefit of and be binding upon the parties hereto, their respective successors and permitted assigns. 5. BOARD USE OF TOWN PARK FACILITIES (1) The Board shall have the use of the Town parks lisled in Schedule A attached hereto for student educational, athletic and recreational purposes between 0700 hours and 1700 hours, Monday through Friday, from and including September I in each year to and including June 30 of the following year, school holidays excepted, without the need for a Town permit authorizing such use. -2- (2) The Board shall have priority over any other user other than the Town or a Town-sponsored organization for the use of the Town parks listed in Schedule A for the purposes set out in subsection (l) at all other times between September i in any year and June 30 in the following year, subject to permits issued by the Town and any ten'ns and conditions that the Town may reasonably attach to the issuance of those permits. (3) The use of any park by the Board pursuant to this section shall include the use of any available, (a) baseball or softball diamonds, (b) parking facilities, {,c) playground equipment, (d) football or soccer fields and posts, (e) track and field facilities, and (f) skating surfaces, located at or in the park. (4) The use of any park by the Board pursuant to this section shall not include the right, (a) to erect, construct or install any feature, thing or apparatus in the park, (b) to remove, reconstruct or change any feature, thing or apparatus in the park, or (c) to bring or drive any vehicle into the park (except into any parking facility J~ the park), without the prior written permission of the Town. (5) The use of any park and facilities therein by the Board pursuant to this section shall be subject to the regulations set out in Schedule A attached hereto, the contravention of any of which may result in the Town, in its sole discretion, suspending the Board's right to use the park in question for up to thL,'ty days or revoking the Board's permit to use the park, if such use was pursuant to a permit, or both. (6) Except for delays or interruptions caused by or arising out of events of force majeure, and subject to normal wear and tear and maintenance required thereby, the Town shall keep and maintain the parks and facilities therein in good condition, at its sole expense, so that the they are available for the Board's use. (7) The Board shall assume all liability and obligation for any loss, damage or injury to persons or property that occurs during the use or occupation of any park and facilities therein by the Board pursuant to this section and the Board shall indemnify and save harmless the Town of and from any such loss. damage or injury and all actions, proceedings or claims arising therefrom except to the extent to which such loss, damage or injury is caused or contributed to by the neglect or default of the Town, its servants, agents or employees. (8) The Board shall pay any taxes or similar charges that may be levied during the term hereof against any of the lands that comprise any of the parks as a result of the Board's use or occupation thereof pursuant to this section. 6. BOARD USE OF DUNBARTON INDOOR POOL (1) The Board shall have the use of the Town's Dunbarton Indoor Pool for student educational, athletic and recreational purposes between 0700 hours and 1700 hours, Monday through Friday, from and including September I in each year to and including June 30 of the following year, school holidays excepted, without the need for a Town permit authorizing such use. (2) The hours set out in subsection (I), above, during which the Board shall have the use of the Town's Dunbarton Indoor Pool, shall be reviewed by the Board and the Town during the month of May in each year during the term hereof and any extension of the term hereof, and any resulting variation in those hours shall be conf'u'med in writing by both the Town and the Board before the end of that month. -3- (3) The Board shall have priority over any other user other than the Town or a Town-sponsored organization for the use of the Dunbatnon Indoor Pool for the purposes set out in subsection (I) at all other times between September I in any year and June 30 in the following year, subject to pemfits issued by the Town and any temas and conditions that the Town may reasonably attach to the issuance of those permits. (4) The use of the Dunbarton Indoor Pool by the Board pursuant to this section shall include the use of any available, (a) dressing and change rooms, (b) sauna room, (c) lifeguard's office, (d) lifesaving equipment, and (e) washroom and shower facilities, located in and associated with the Dunbarton Indoor Pool. (5) The use of the Dunbarton Indoor Pool by the Board pursuant to this section shall not include the right, (a) to erect, construct or install any feature, thing or apparatus in the Dunbarton Indoor Pool, or (b) to remove, reconstruct or change any feature, thing or apparatus in the Dunbarton Indoor Pool, without the prior written permission of the Town. (6) The use of the Dunbar~on Indoor Pool and the facilities therein by the Board pursuant to this section shall be subject to, (a) all governmental regulations respecting the maintenance and operation of public swimming facilities, and (b) the regulations set out in Schedule B attached hereto, the contravention of any of which may result in the Town, in its sole discretion, suspending the Board's right to use the Dunbarton Indoor Pool for up to thirty days or revoking the Board's permit to use the Dunbarton Indoor Pool, if such use was pursuant to a permit, or both. (7) Except for delays or interruptions caused by or arising out of events of force majeure, and subject to normal wear and tear and maintenance required thereby, the Town shall keep and maimain the Dunbarton Indoor Pool and the facilhies therein in good condition, at its sole expense, so that the they are available for the Board's use. (8) The Board shall assume all liability and obligation for any loss, damage or injury to persons or property that occurs during the use or occupation of the Dunbarton Indoor Pool and the facilities therein by the Board pursuant to this section and the Board shall indemnify and save harmless the Town of and from any such loss, damage or injury all actions, proceedings or claims arising therefrom except to the extent to which such loss, damage or injury is caused or contributed to by the neglect or default of the Town, its servants, agents or employees. (9) The Board shall pay any taxes or similar charges that may be levied during the term hereof against any of the lands that comprise the Dunbarton Indoor Pool as a result of the Board's use or occupation thereof pursuant to this section. (10) The Town shall continue to obtain natural gas for the Dunbarton Indoor Pool through a service separately metered from the Board's Dunbarton High School, and the Town shall pay for that service by direct payment to the supplier of that service. (11) The Town shall continue to obtain electricity and water for the Dunbarton Indoor Pool through services sub-metered from the Board's Dunbarton High School, and the Town shall pay for those services by direct payment to the Board. -4- (12) As its contribution to the Town's cost of operation of the Dunbarton Indoor Pool, the Board shall pay annually to the Town a sum calculated according to the following formula: H x [1.05 x (G + E + W + C + BRM + ERM)], where, (a) H represents the proportion, expressed as a percent, of the total annual Dunbarton Indoor Pool's operating hours that are set aside for Board use as set out in Schedule E, based upon the usage set out in subsection (1), above, as varied in accordance with subsection (3), above, (b) the 0.05 portion of the 1.05 multiplier represents a 5% overhead factor, (c) G is the actual cost to the Town of natural gas purchased by the Town for the Dunbarton Indoor Pool, (d) E is the actual cost to the Town of electricity purchased by the Town for the Dunbarton Indoor Pool, (e) W is the actual cost to the Town of water purchased by the Town and sanitary sewer charges paid by the Town for the Dunbarton Indoor Pool, (f) C is the actual cost to the Town of custodial services provided at the Dunbarton Indoor Pool, calculated according to the following formula: 1.2 x custodian's hourly rate x 40 hours x 38 weeks, where the 0.2 portion of the 1.2 multiplier represents a 20% employer contributions factor, (g) BRM is the actual cost to the Town of minor building repairs and maintenance (e.g., pool chemicals, caretaking supplies, general supplies, building electrical and plumbing repairs) paid by the Town for the Dunbanon Indoor Pool, and (h) ERM is the actual cost to the Town of minor equipment repairs and maintenance (e.g., filter system, general repairs and maintenance, pool electrical and plumbing repairs) paid by the Town for the Dunbarton Indoor Pool, within thiay days of receipt from the Town of the Town's invoice, which invoices shall be issued on December 31, 1993 and quarterly thereafter. (13) During the Board's use of the Dunbarton Indoor Pool, the Board shall supply its own lifeguard, instructional and supervisory staff at its cost; however, ff requested by the Board, the Town shall supply lifeguard, instructional and supervisory staff during the Board's use of the Dunbarton Indoor Pool, for which the Board shall pay to the Town a sum calculated according to the following formula: number of hours worked x number of employees x (hourly rate + benefits) within thirty days of receipt from the Town of the Town's invoice. 7. TOWN USE OF BOARD SCHOOL FACILITIES (1) The Town shall have the use of facilities within or associated with the Board's schools listed in Schedule C attached hereto for Town educational, athletic and recreational programme purposes between 1830 hours and 2230 hours, Monday through Friday except public holidays, and between 0700 hours and 2300 hours, Saturday, Sunday and public holidays, subject to permits issued by or on behalf of the Board and any terms and conditions that the Board may reasonably attach to the issuance of those permits. (2) The use of any facility within or associated with a school by the Town pursuant to this section shall include the use of any available, (a) desks, tables and similar furniture, (b) dressing and change rooms, (c) parking facilities, (d) sports equipment in the nature of nets, goal and hoops, (e) washroom facilities, (f) baseball or softball dimnonds, (g) playground equipment, (h) football or soccer fields and posts, (i) track and field facilities, and (j) skating surfaces, located in or associated with the school. (3) The use of the Dunbarton High School by the Town pursuant to this section shall include the right of the Town to be provided with sufficient keys to enable it to gain access to and to use the West Gymnasium therein (except the Physical Education office) without the need to have Board employees preseut. (4) The use of any facility within or associated with a school by the Town pursuant to this section shall not include the right, (a) to erect, construct or install any feature, thing or apparatus in the facility or school, (b) to remove, reconstruct or change any feature, thing or apparatus in the facility or school, or (c) to bring or drive any vehicle onto tile school grounds (except into any parking facility associated with the school), without the prior written permission of the Board. (5) The use of any facility within or associated with a school by the Town pursuant to this section shall be subject to the regulations set out in Schedule C attached hereto, the contravention of any of which may result in the Board, in its sole discretion, suspending the Town's right to use the facility or school in question for up to thirty days or revoking the Town's permit to use the facility or school, or both. (6) Except for delays or interruptions caused by or arising out of events of force majeure, and subject to normal wear and tear and maintenance required thereby, the Board shall keep and maintain the schools and facilities therein or associated therewith in good condition, at its sole expense, so that the they are available for the Town's use. (7) The Town shall, at its expense, maintain in their present condition all of the outdoor playing fields associated with the Board's schools listed in Schedule C attached hereto that are used by the Town for Town athletic programmes. (8) The Town shall assume all liability and obligation for any loss, damage or injury to persons or property that occurs during the use or occupation of any school and facilities therein or associated therewith by the Town pursuant to this section and the Town shall indemnify and save harmless the Board of and from any such loss, damage or injury and all actions, proceedings or claims arising therefrom except to the extent to which such loss, damage or injury is caused or contributed to by the neglect or default of the Board, its servants, agents or employees. (9) The Town shall pay any taxes or similar charges that may be levied during the term hereof agahrst any of the lands that comprise any of the schools as a result of the Town's use or occupation thereof pursuant to this section. 8. COMMUNITY USE OF BOARD SCHOOL FACILITIES (1) Community groups may have the use of facilities within or associated with the Board's schools listed in Schedule D attached hereto subject to permits issued by the Board and to the terms and conditions of any Board policy respecting such use and the issuance of such permits. -6- (2) The use of any facility within or associated with a school by a community group shall be subject to the Board's policy respecting such use and to the regmlations set out in Schedule D attached hereto, the contravention of any of which may result in the Board, in its sole discretion, suspending the community group's right to use the facility or school in question or revoking the community group's permit to use the facility or school, or both. (3) Except for delays or interruptions caused by or arising out of events of force majeure, and subject to normal wear and tear and maintenance required thereby, the Board shall keep and maintain the schools and facilities therein or associated therewith in good condition, at its sole expense, so that the they are available for the use of community groups. (4) The Town shall, at its expense, maintain in their present condition all of the outdoor playing fields associated with the Board's schools listed in Schedule C attached hereto that are used regularly by community groups for community sports programmes pursuant to permits issued by the Board. (5) The Town shall assume no liability or obligation for any loss, damage or injury to persons or property that occurs during the use or occupation of any school and facilities therein or associated therewith by a community group and the Board shall indemnify and save harmless the Town of and from any such loss, damage or injury and all actions, proceedings or claims arising therefrom. (6) The Board shall pay any taxes or similar charges that may be levied during the term hereof against any of the lands that comprise any of the schools as a result of any community group's use or occupation thereof. IN WITNESS WHEREOF the Board and the Town have hereunto affixed their corporate seals, attested by the hands of their authorized officers. SIGNED, SEALED & DELIVERED THE DURHAM BOARD OF EDUCATION , Chairperson , Superintendent of Business THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk MAO33 -7- SCHEDULE A part I - Town Parks Which The Board May Use Item Park Adjacent School* 1. Mitchell Park Bayview Heights Public School 2. Major Oaks Park Valley Farm Public School 3. Bidwell Park Fairport Beach Public School 4. McPherson Park Gandatsetiagon Public School 5. Glengrove Park Glengrove Public School 6. Amberlea Park Highbush Public School 7. Maple Ridge Park Maple Ridge Public School 8. Hull Memorial Park Rosebank Public School 9. Pine Creek Park Vaughan Willard Public School 10. Forestbrook Park William Dunbar Public School 11. Greenwood Park Valley View Public School 12. Morgan Community Park Pine Ridge High School 13. Brock Ridge Park 14. Claremont Park 15. Dunmoore Park 16. Kinsmen Park *identified for reference purposes only Eaxt 2 - Regulations_for Use of Town Parks by Board Item Pse4/ulation 1. The Board shall be responsible for the conduct and supervision of all persons involved in the Board activity in the park, whether those persons are spectators or participants. 2. The Board shall not cause or permit to be caused at the park any unusual or unnecessary noise that disturbs the peace, quiet or comfort of any person in any residence, institution or place of business within the Town. 3. Games of chance, lotteries or gambling in any form shall not be permitted in any park. 4. The Board shall ensure that all persons admitted to the event in the park have vacated the park by 1700 hours. 5. (a) If liquor of any type is to be served, sold or available at the event, the Board shall obtain all necessary permits and licences and file a copy of each with the Town at least two weeks prior to the event. (b) Permits and licences shall be prominently displayed during the event. 6. The Board shall not restrict the use of the park by other members of the public unless such use conflicts with the Board's use. SCHEDULE~ Regulations for Use of Dunbarton Indoor Pool by Board 1. The Board shall be responsible for the conduct and supervision of all persons involved in the Board activity in the Pool, whether or not those persons are spectators or participants. 2. The Board shall not cause or permit to be caused at the Pool any unusual or unnecessary noise that disturbs the peace, quiet or comfort of any person in any residence, institution or place of business within the Town. 3. Games of chance, lotteries or gambling in any form shall not be permitted. 4. The Board shall ensure that all persons admitted to the Pool have vacated the Pool by 1700 hours. 5. The Board shall ensure that all persons athnitted to the Pool comply with all Pool Rules and Regulations posted therein. -9- SCHEDULE C Part I - Board Schools Having Facilities Which The Town May Use Item School 1. Bayview Heights Public School 2. Valley Farm Public School 3. Claremont Public School 4. Elizabeth B. Phin Public School 5. Fairport Beach Public School 6. Frenctunan's Bay Public School 7. Gandatsefiagon Public School 8. Glengrove Public School 9. Highbush Public School 10. Maple Ridge Public School I I. Rosebank Public School 12. Sir John A. MacDonald Public School 13. Valley View Public School 14. Vaughan Willard Public School 15. William Dunbar Public Scbool 16. Woodlands Centennial Public School 17. Dunbarton High School I 8. Pine Ridge High School P~t 2 - Regulations for Use of Board School FacilTt~r~J~ Town Item Regulation I. 1 (a) Consumption of alcoholic beverages shall not be permitted within Board buildings or on Board grounds. (b) Refreshments of any type shall not be taken into auditoriums or gymnasiums. 1.2 Smoking shall not be permitted within Board buildings or on Board grounds. 1.3 No animals except seeing-eye or hearing-ear dogs shall be permitted in Board buildings. 1.4 (a) The use of Board buildings and grounds shall be restricted to the use specified in the approved permit application. (b) The use of a school cafeteria may be made available if requested in the permit application, but the use of the associated kitchen area and set'very must be arranged by the Town directly with the caterer supplying food services to that building. 1.5 (a) The use of any Board building or grounds shall be at all times subject to the supervision of Board employees; on Saturdays, Sundays and public holidays, the use of the Dunbarton High School West Gymnasium shall be under the supervision of Town employees. (b) A Board employee shall open the building, secure the building at the completion of the use, handle any emergencies that arise and generally protect the interests of the Board; on Saturdays, Sundays and public holidays, at the Dunbarton High School West Gynmasium these functions shall be performed by Town employees. (c) In buildings where there is a Board custodial employee on a regular afternoon or evening shift, no additional custodial employee will be provided, unless the use is such that the employee is interrupted from normal duties for tasks such as setting up chairs, supervising parking or cleaning. -10- 2. Equipment 2.1 (a) The Town may be required to provide any or all necessary equipment. (b) Neither Board employees nor Town employees are authorized to allow the use of any Board equipment not approved for use in the permit. 2.2 (a) School instructional equipment will not generally be available for use. (b) Physical education equipment may be made available at no charge if requested in the permit application and approved by the school principal. (c) The Town is responsible for the supervision and safety of users of Board equipment. 2.3 (a) Sound or lighting equipment may be made available at no charge ff requested in the permit application and approved by the school principal. (b) In order to use Board sound or lighting equipment, the Town must make arrangements through the school to have a trained student operate the equipment at the hourly rate set by the Board from time to time. 2.4 The use of any Board equipment shall be at all times subject to the supervision of Board employees. 2.5 (a) Plans of stage settings or the use of special equipment must be approved by the Board's Superintendent of Plant in consultation with the school principal in advance of the use date. (b) No changes or additions to electrical wiring shall be made without the authority of the Superintendent, and all costs thereof shall be charged to the Town. (c) Decorations shall conform to fire safety practices as recommended by the Town's Fire Department, shall be limited to flame proof materials and shall not be attached to electric light f~xtures or electrical outlets. 2.6 (a) The delivery of stage equipment and the setting of stage properties shall be done outside school hours unless otherwise arranged with the school principal. (b) All equipment shall be removed immediately after the use unless otherwise arranged with the school principal. 2.7 Ail exits shall be kept clear from any obstruction at all times. 3. Permits 3.1 A permit shall be required for the use of any Board school facility after normal school hours. 3.2 (a) Written applications for permits for Town use of Board school facilities shall be made to the Board's Community Use of Schools Department by the Town's Department of Community Services and Facilities not less than 14 days before the proposed date of use. (b) Applications for permits for the use of Board school facilities shail be given the following priorities: 1. school purposes and Board programmes; 2. Town recreation programmes; 3. co~ranunity recreation programmes and youth groups; 4. ratepayer associations; 5. other activities. -11- 3.3 When making an application for a permit the Town's Department of Community Services and Facilities shall ensure that the facility required is available on the date and at the time requested by reviewing its own records and by contacting the Board's Community Use of Schools Department. 3.4 The issuance of a permit shall not establish a rental contract between the Town and the Board; the Board may at any time withdraw the use of any facility if in the Board's sole unfettered opinion the use to which the facility is to be put or is being put is not in the best interests of the community or of the Board. 3.5 Permission to charge admission to the use, or sell a product or refreshment in the facility, may be granted if requested in the permit application. 3.6 When an additional Board custodial employee is provided, or when a regular Board custodial employee is required to work overtime, or when special circumstances warrant, custodial costs will be levied. 3.7 Payment of custodial and other costs shall be made by cheque within thi~y days of receipt of the Board's invoice therefor. 3.8 (a) If the Town wishes to cancel the use of a facility, it shall notify in writing the Board's Community Use of Schools Department ten days in advance, or as early as circumstances permit but no later than two full business days before the proposed date of use. (b) Refuuds or credits of custodial and other costs will be made upon a cancellation provided that the Town notifies the Board's Community Use of Schools Department at least two full business days before the proposed date of use. 3.9 The Town shall ensure that all persons admitted to the use vacate the Board's buildings and grounds promptly at the th'ne specified in the permit. SCHEDULE~ part I - Board Schools Having Facilities Which Community Groups May Use Item School 1. Bayview Heights Public School 2. Valley Farm Public School 3. Claremont Public School 4. Elizabeth B. Phin Public School 5. Fairpon Beach Public School 6. Frenchrnan's Bay Public School 7. Gandatsetiagon Public School 8. Glengrove Public School 9. Highbush Public School 10. Maple Ridge Public School 11. Rosebank Public School 12. Sir John A. MacDonald Public School 13. Valley View Public School 14. Vaughan Willard Public School 15. William Dunbar Public School 16. Woodlands Centemfial Public School 17. Dunbarton High School 18. Pine Ridge High School Part 2 - Regulations for Use of Board School Facilities by Community Groups Itsm Regulation 1.1 The use of any Board building or grounds shall be at all times subject to the supervision of Board employees; on Saturdays, Sundays and public holidays, the use of the Dunbarton High School West Gymnasium shall be subject also to the supervision of Town employees. 1.2 A Board employee shall open the building, secure the hnilding at the completion of the use, handle any emergencies that arise and generally protect the interests of the Board; on Saturdays, Sundays and public holidays, at the Dunbarton High School West Gymnasium these functions shall be performed by Town employees. -13- SCHEDULE E Determination of Proportion of Dunbarton Indoor Pool .Operating Hours Set Aside for Board Use [see Section 6(12)(a)] A. Dtmbarton Indoor Pool Operating Hours Set Aside for Board Use Weekdays School days 10 hours daily 185 days 1,850 hours Other days nil nil nil Weekends nil nil nil Total 1,850 hours B. Dunbaxton Indoor Pool Operating Hours Set Aside for Town Use Weekdays School days 5 hours daily 185 days 925 hours Other days 12 hours daily 50 days 600 hours Weekends 7 hours daffy 76 days ~5~2daO_tl~ Total 2,057 hours C. Dunbarton Indoor Pool Operating Hours Dunbarton Indoor Pool Operating Hours Set Aside for Board Use (A) 1,850 hours Dunbanon Indoor Pool Operating Hours Set Aside for Town Use (B) 2.057 hours Total 3,907 hours D. Proportion of Dunbarton Indoor Pool Operating Hours Set Aside for Board Use 1,850 hours (A) x 100% = 47.4% 3,907 hours (C) -14-