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HomeMy WebLinkAboutBy-law 6065/02THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6065/0 2 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, R.S.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: 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 Arth~-~sT~5~'- j~ruce Taylor, Clerk THIS LICENCE AGREEMENT made December 2, 2002, pursuant to the provisions of section 207.57 of the Municipal Act, R.S.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. 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 1st day of January, February, March, April, May, June, September, October, November and December. OPERATION 4. 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 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 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. (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 City's staff, to direct the School's staff when a situation may cause damage to the Community Centre premises. (f) The term of this Agreement shall be from January 1,2003 to December 31,2005. (g) 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 (2) and the Tenant's use and occupancy of the Premises, with coverage for any one 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 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. 4 (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. 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 corporate seals attested to by the hands of its authorized officers. SIGNED, SEALED AND DELIVERED respective GINGERBREAD CO-OPERATIVE NURSERY SCHOOL (PICKERING)INC. THE CORPORATION OF THE CITY OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk