HomeMy WebLinkAboutBy-law 5082/97REPEALED BY ,
REPEALS . .
AMENDED BY .....
AMENDS
DISPOSITIOH
~tng ts by.l~,~ m ~ t~ ex, cutlon of a
Ptc~rlng and the Gingerbread Co.~rative Nur~'e~
~hool (Plc~r~n~ 1~. res~cting thg ~v of the West
8hor, Communi~ Centre (September 1, 1997 to June 26,
WHEREAS, the Town owns and operates a community centre known as the West Shore Community
Centr~ in the Fairport Community in the To~vn of Pickering; and
WHEREAS, the Oingerbread Co-operative Nurser), School (Picketing) Inc. operates a co-operative
nursery school and wishes to use the West Shore Community Centre, and associated facilities, for the
purposes of s~h operation;
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 an Agreement, in the form attached hereto
as Schedule A, between The Corporation of the Town of Picketing and the Gingerbread Co-
operative Nursery School (Picketing) Inc.. respecting the use of the West Shore Community
Centre for the period September 1, 1997 to June 26, 1998,
BY-LAW ~ead a first, second and third time and finally passed this 5th day of August, 1997.
BETWEBN:
OF TI~ FIRST
Ot~OF.,RBRFAD CO-OPE~TIVE NUIL~ERY ~HOOL (PICKERING) INC.
tm'~in called tht- "Town"
OF THE SECOND PART.
WI-I~REAS, the To~n owns and operates a community centre known as the West Sho~e Community Centre in tbe
FablX~ C~mmunity in the Town of Pickerin&; and
WHEREAS, the School operates a co-op~i~tive nura~-':/~hool and is desirous of usin8 the West Shore Community
Centre and associated fac!iitie~, for, the purpose of such operation; and
WHEREAS, the Town is prepared lo Ilrant a licence to the school t,, permit it to use the West St,ore Community Centre
and nsec~iated facilities, t'or such purpose pursuant to certain ¢~nditions hereinafter set out;
NOW THEREFORE, THIS AGREEMENT WITNESSETt! that in consideration ct' other good and valuable
consideration and the sum ol lwo ~housand, Eight Hundred dollars (~.800) (based on $i7.50 p~r c~,niid for i6 children)
payable by the School to the Town in lea payments of Two Hundred and t:~gnly dollars ($280), <,ne payment being due
ou Ihs 1st d~)' of each of September, C~toher, November and D~emb~r, 1997 and o£ January, ~=ebruary, March, April.
May and June, 19g~ the Parties hereto covenant, promise and agree each with the other as follo~.~:
1. The School shall be allowed to use the West Shore Community Centre and associated facilities, for the purpose
ct'operating a cooperative n~sery ~hool as follo,~s:
Monday to Friday, i~iclusive - 8:30 a.m. to 12:30 p.m., local ~,ime, from Ser~tember 1, 1997 to June 26. 1998,
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-operntive nursery s~hool;
(c) ensure that ils 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) indemni~ the Town for any costs, claims or damages resulting from any loss, damage or injury
(ineludin8 loss of life) to any person or property at any time on the premises or comprising the premises
used by the School, ho~-ever such loss, damage or injury may occur;
(e) provide at its expense, and k~ep in force during the term hereof, for the benefit of the School and t.e
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 a~inst loss or damage by fire in respect of all Town.owned property comprising the
West Shore Community Centre and associated f~cilttie,~ in the amount of $1,000,000 and
containing the standard extended perils endorsements, nar.~ini~ the Town as co-insurod; and
provide ten post-dated cheques, payable to ~he Town, in the amount set o.t ~bovc, with the
executed copies of this Agreement,
(a): allow the School to use tho West Shore CommUnity Centre and associ;,ted facilities, for the purpose of
': operatin$ e ~operative nursery school as follows:
:
Monday to Friday, inclusive - 8::t0 a,m. to 12::30 p.m., local time, from September 1, t997 to Ju,~e 26,
1098.
(b) provide the necessary electrical power, heat and other utilities, ~ubjcct ,to the provisions of section 5,
hereof;
(c) provide the School with equipment ~mragc 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 thc School's staff when a situation may cause damage
to the Community Centre premises.
4. (a) The term of this Agreement shall be from September 1, 1997 to June 26, 1998.
(b) Either Party to this Agreement may terminate this Agreement at any time 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 circumstances beyond the Town's control.
6, This Agreement and evcrylhi.g 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 ~VHEREOF, the Parties herein have hereunto affixed their corporate seals, attested to by their officers duly
authorized in that behalf.
SIGNED. SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Anhurs, Mayor
//Bruce ~aylor. C(erk ' (,/ r..,, ~
GINGERBREAD CO-OPERATIVE NURSERY
SCHOOL (PICKERING) INC.
File: RI401