HomeMy WebLinkAboutBy-law 2846/88 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2846 /88
Being a by-law to authorize the execution of an
Agreement between The Corporation of the Town
o£ Picketing and the Claremont Co-Operative
Nursery School, Inc. respecting the use o£ the
Claremont Community Centre (September 7, 1988
to June 21, 1989).
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 Ctaremont 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 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
Picketing and the Claremont Co-Operative Nursery School, Inc. respecting the
use of the Claremont Community Centre for the period September 7, 1988 to
June 21, 1989, inclusive.
BY-LAW read a first, second and third time and finalty passed this 2nd day of
August, 1988.
Schedule A
THIS AGREEMENT made this 2nd day of August, 1988.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter caIled the "Town''
OF THE FIRST PART,
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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 One Thousand, Two Hundred and
Thirty-five Dollars ($1,235.00) payable by the School to the Town in nine payments
of One Hundred and Thirty Dollars ($130.1)0), and one payment of Sixty-Five Dollars
($65.00), one payment being due on the seventh day of each of September, October,
November and December, 1988, hnd January, February, March, April, May and June,
1989, the Parties hereto covenant, promise and agree each with the other as follows:
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(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 Claremont Community Centre
and associated facilities in the amount of $1,000,000 and contain-
ing the standard extended perils endorsements,
naming the Town as co-insured; and
(f) provide nine post-dated cheques, payable to the Town, in the amount set
out above, with the executed copies of this Agreement.
2. The School shall be allowed to use the Claremont Community Centre, and associ-
ated 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 7, 1988 to June 21, 1989, inclusive.
3. 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 7, 1988 to June 21, 1989, 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.
(3) So long as this Agreement shall not have been terminated pursuant to
subsection (2) above, the School shall have the option to renew this
Agreement £or the 1989/90 season subject to the imposition of such terms
and conditions as may be agreed upon between the Parties prior to Sep-
tember 1st, 1989.
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 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
CLAREMONT CO-OPERATIVE NURSERY SCHOOL, INC.
President
Secretary