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HomeMy WebLinkAboutBy-law 4037/92 THE CORPORATION OF THE TOWN OF PICKERING ]}Y-LAW NO. 4037/92 Being a by-law to authorize the execution of an Agreement between The Corporation of the Town of Pickering and the Gingerbread Co-operative Nursery School (Picketing) Inc. respecting the use of the West Shore Community Centre (September 7, 1992 to June 25, 1993). WHEREAS the Town owns and operates a community centre known as the West Shore Comdnunity Centre in the Fairport Community in the Town of Picketing; and WHEREAS, the Gingerbread Co-operative Nursery School (Pickering) Inc. operates a cooperative nursery school and wishes to use the West Shore 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: 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 7, 1992 to June 25, 1993, inclusive. BY-LAW read a first, second and third time and finally passed this 15th day of June, 1992. TOWN O1~ '~Bmge Taylor, Clerk PlCKERING APPROVED AS TO FORM t E [,;,~ L DEPT. SCHEDULE A THIS AGREEMENT made this 15th day of June, 1992. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE FIRST PART, GINGERBREAD CO-OPERATIVE NURSERY SCHOOL (PICKERING) INC. hereinafter called the "School" OF THE SECOND PART. WHEREAS the Town owns and operates a cormnunity centre known as the West Shore Community Centre in the Fairport Community in the Town of Picketing; 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 Town is prepared to permit the School 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 other good and valuable consideration and the sum of Four Thousand and Eighty dollars ($4,080.00) payable by the School to the Town in ten payments of Four Hundred and Eight dollars ($408.00), one payment being due on the 9th day of each of September, October, November and December, 1992, and of January, February, March, April, May and June, 1993, the Parties hereto covenant, promise and agree each with the other as follows: I. The School 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 September 7, 1992 to June 25, 1993, 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~operative nursery school; (c) ensure that its 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) 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 West Shore 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. 3. The Town shall: (a) allow the School to use the West Shore Community Centre, and associated facilities, for the purpose of operat'mg a co-operative nursery school as follows: Monday to Friday, inclusive - 8:30 a.m. to 12:30 p.m., local time from September 7, 1992 to June 25, 1993, 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 at all times. 4. (1) The term of this Agreement shall be from September 7, 1992 to lune 25, 1993. (2) 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. -2- 6. This Ag~ement 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 Maurice Bretmer, Acting Mayor Bruce Taylor, Clerk GINGERBREAD CO-OPERATIVE NURSERY SCHOOL (PICKERING) INC. Kellie Browne, President Cheryl Hawke, Vice-President -3-