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HomeMy WebLinkAboutBy-law 3812/91THE ~CD_~Jg~_TION OF THE TOWN OF PICKERING BY-LAW NO. 3812/91 Being a by-law to authorize the execution of an Agreement between The Corporation of the Town of Pickering and the Claremont Co-operative Nursery School, Inc. respecting the use of the Claremont Community Centre (September 3, 1991 to June 26, 1992). 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 cooperative 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 the Claremont Co-operative Nursery School Inc., respecting the use of the Claremom Community Centre for the period September 3,199l to June 26, 1992, inclusive. BY-LAW read a first, second and third time and finally passed this 16th day of September, 1991. TOWN OF PlCKERING [APPROVED LEGAL D£PT. Wayne Arth~rs, Mayor THIS AGREEMENT made as of September 3, 1991. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE FIRST PART, CLAREMONT CO-OPERATIVE NURSERY SCHOOL. INC. hereinafter called the "School" 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 permit the School 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 Two Thousand, Two Hundred and Forty Dollars ($2,240.00) payable by the School to the Town in ten payments of Two Hundred and Twenty-four Dollars ($224.00), one paymem being due on the third day of each of September, October, November and December, 1991 and January, February, March, April, May and June, 1992, the Parties hereto covenant, promise and agree each with the other as follows: 1. The School shall: (a) provide and pay for all personnel, equipmem 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. daily to facilitate the use of the Community Centre, and associated facilities, for other purposes; (d) (e) 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; 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 amoum not less than $I,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 provide ten 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: Monday - Friday (inclusive) - 8:30 a.m. to 12:30 p.m., local time, from September 3, 1991 to June 26, 1992, inclusive. 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: Monday - Friday (inclusive) - 8:30 a.m. to 12:30 p.m., local time, from September 3, 1991 to June 26, 1992, inclusive; (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 Town's staff, to direct the School's staff when a situation may cause damage to the Community Centre premises. (1) (2) (3) The term of this Agreement shall be from September 3, 1991 to June 26, 1992. Either Party to this Agreement may terminate this Agreement at any time during the teml hereof upon 30 days written notice to the other. So long as this Agreement shall not have been terminated pursuant to subsection (2) above, the School shall have the operation to renew this Agreement for the 1992/93 season subject to the imposition of such terms and conditions as may be agreed upon between the Parties prio~ to September 1, 1992. 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. 2 IN WITNESS WHEREOF, the Parties hereto have affixed their corporate seals, attested by their officers duly authorized in that behalf. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Wayne Atthurs, Mayor Bruce Taylor, Clerk CLAREMONT CO-OPERATIVE NURSERY SCHOOL, INC. Sue Shirbon, Presidem Megan Burbidge, Treasurer