HomeMy WebLinkAboutBy-law 3245/89 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3245 /89
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 10, 1989 to June 24, 1990).
WHEREAS the Town owns and operates a community centre known as the West Shore
Community 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 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 Gingerbread Co-Operative Nursery School (?ickering) Inc.,
respecting the use of the West Shore Community Centre for the period
September 10, 1989 to June 24, 1990, inclusive.
BY-LAW read a first, second and third time and finally passed this ~ day of
August, 1989.
Wayne ~/vf urs, ayor
Brud~erk
TOWN
APPROV£O
LEGAL DEPT
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3245 /89
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 10, 1989 to June 24, 1990).
WHEREAS the Town owns and operates a community centre known as the West Shore
Community Centre in the Fairport Community in the Town of Picketing; and
WHEREAS, the Gingerbread Co-Operative Nursery School (Picketing) 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 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 Gingerbread Co-Operative Nursery School (Picketing) Inc.,
respecting the use of the West Shore Community Centre for the period
September 10, 1989 to June 24, 1990, inclusive.
BY-LAW read a first, second and third time and finally passed this ~ day of
August, 1989.
Wayne A~I~f urs, Mayor
roW
_PlCKERING
APPROVED
LEGAL OEPT
SCHEDULE A
THIS AGREEMENT made this 8th day of August, 1989.
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 community 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 Three Thousand, One Hundred and
Ninety-two dollars ($3,192.00) payable by the School to the Town in nine payments of
Three Hundred and Thirty-six dollars ($336.00), and one payment of One Hundred
and Sixty-eight dollars ($168.00) one payment being due on the 10th day of each of
September, October, November and December, 1989, and of January, February,
March, April, May and June, 1990, the Parties hereto covenant, promise and agree
each with the other as follows:
1. 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 Septem-
ber 10, 1959 to June Z4, 1990, inclusive.
2, The School shall;
(a) provide and pay for all personnel, equipment and supplies for the pur-
pose 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 nine 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 operating a co-operative nursery school as
follows:
Monday to Friday, inclusive - 8:50 a.m. to 12:30 p.m., local time from
September 7, 1988 to 3une 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 at
all times.
4. (1) The term of this Agreement shall be from September 10, 198'9 to June 24,
1990.
(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.
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
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
GINGERBREAD CO-OPERATIVE NURSERY SCHOOL
(PICKERING) INC.
Rhona Long, President
Candice Thomas, Vice-President