HomeMy WebLinkAboutBy-law 4314/93 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 4314/93
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 15, 1993 to June
15, 1994).
WHEREAS the Town owns and operates a community centre known as the West Shore Community
Centre in the Fairpon Community in the Town of Picketing; and
WHEREAS, the Gingerbread Co-operative Nursery School (Picker'mg) Inc. operates a cooperative
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, 1993 to June 15, 1994, inclusive.
BY-LAW read a first, second and third time and finally passed this 20th day of September, 1993.
W a'~ '-,U~-t-~ ~,, M ay o r ' -
70WN OF ,,~mce
Taylor,
Clerk
PtCKERING
/~?PROVEO
AS TO FOR~.4
LEGAL DEPT.
S~ule A
TH/S AGREEMENT made this 20th day of September, 1993.
BETWEEN:
THE CORPOR2~TION OF THE TOWN OF PICKERING
hereinafter ca/led the "Town"
OF THE FIRST PART,
GINGERBREAD CO-OPERATIVE NURSERY SCHOOL fPICKEKING) INC,
hereinafter called the "School"
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 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 Three Thousand, Five Hundred and Sixty Four dollars
($3,564.00) payable by the School to the Town in nine payments of Three Hundred and Ninety Six
dollars ($396.00), one payment being due on the 9th day of each of October, November and December,
1993, and of January, February, March, April, May and June, 1994, 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, 1993 to
June 15, 1994, 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
(f) 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, 1993 to June 15, 1994, inclusive;
(b) provide the necessary electrical power, heat and otl~r 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 15, 1993 to June 15,
1994.
(2) Either Party to this Agreement may terminate this Agreement at any th'ne
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 ckcumstances 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 hereto have affixed their corporate seals, attested by their
officers duly authorized in that behalf.
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Brace Taylor, Clerk
GINGERBREAD CO-OPERATIVE NURSERY
SCHOOL (PICKERING) INC.
David F. Roberts, President
Kathy Gamblen, Vice-President
MAG2
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