HomeMy WebLinkAboutBy-law 4660/95 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 4660/95
Being a by-law to authorize the execution of a
Licence Agreement between The Corporation of
the Town of Picketing and Claremont Co-
Operative Nursery School Inc. respecting the use
of the Claremont Community Centre (September 5,
1995 to June 27, 1996.).
WHEREAS the Town owns and operates a community centre known as the Claremont
Community Centre in the hamlet of Claremont in the Town of Pickering; and
WHEREAS the Claremont Co-Operative Nursery School Inc. operates a co-operative 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 m~ Agreement, in the form
attached hereto as Schedule A, between The Corporation of the Town of Pickering and
Claremont Co-Operative Nursery School Inc., respecting the use of the Claremont
Community Centre for the period September 5, 1995 to June 27, 1996, inclusive.
BY-LAW read a first, second and third time and finally passed this 8th day of August, 1995.
Wayne Arth~'s, Mayor-
THIS AGREEMENT made this 8th day of August, 1995.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
herein called the "Town"
OF THE FIRST PART,
CLAREMONT CO-OPERATIVE NURSERy SCHOOL INC,
herein 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 grant a licence to the school to permit it 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, Six Hundred and Sixty Dollars ($2,660.00) payable by the School
to the Town in ten payments of Two Hundred and Sixty Six Dollars ($266.00), one payment being due on the
fifth day of each of September, October, November and December, 1995 and January, February, March, April,
May and June, 1996, the Parties hereto covenant, promise and agree each with the other as follows:
1. 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. 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 fome 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 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.
2. 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 5, 1995 to June 27,
1996, 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 5, 1995 to
June 27, 1996, inclusive.
(b) provide the necessary electrical power, heat and other utilities, subject to the provisions of
section 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.
4. (a) The term of this Agreement shall be from September 5, 1995 to June 27, 1996.
(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.
(c) So long as this Agreement shall not have been terminated pursuant to subsection (b) above, the
School shall have the option to renew this Agreement for the 1996/97 season subject to the
imposition of such terms and conditions as may be agreed upon between the Parties prior to
September 1, 1996.
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 hereunto affixed their respective Corporate Seals attested to
by the hands of their authorized officers.
SIGNED, SEALED AND DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
CLAREMONT CO-OPERATIVE NURSERY SCHOOL INC.
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