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HomeMy WebLinkAboutBy-law 3552/90 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3552 ./90 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, 1990 to June 21, 1991). 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 Commumty 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-Op. erative Nursery School (Pickering) Inc., respecting the use of the West Shore Commumty Centre for the period September 10, 1990 to June 21, 1991, inclusive. BY-LAW read a first, second and third time and finally passed this 17th day of September, 1990. Wayne .Kxthurs,/Mayor Bruce Taylor, TOWN OF PICKERIN( APPROVED LEGAL DEPT THE CORPORATION OF THE TOWN OF PICKERINO BY-LAW NO..~552/90 Being a by-law to authorize the execution o.f an Agreement 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 (September 10, 1990 to June 21, 1991). 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 WHERE. AS, the Gingerbread Co-.Qperative 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 (Plckering) Inc., respecting the use of the West Shore Community Centre for the period September 10, 1990 to June 21, 1991, inclusive. BY-LAW read a first, second and third time and finally passed this 17th day of September, 1990. Wayne ~'thurs,A~layor ruce aylor, C eft( TOWN OF PICKERING APPI{OYED LEGAL DEP'~ SCI-IEI3LrI~ A THIS AGREEMENT made this 5th day of September, 1990. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERINO hereinafter called the "Town" OF THE FIRST PART, - and - GINGERBREAD CO-OPERATIVE NURSERY SCHOOL (PICKERINGI 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 Pickering; 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 WlTNESSETH that in consideration of other good and valuable consideration and the sum of Three Thousand, Four Hundred and Twenty dollars ($3,420.00) payable by the School to the Town in nine payments of Three Hundred and Sixty dollars ($360.00), and one payment of One Hundred andEighty dollars ($180.00) one payment being due on the 10th day of each of September, October, November and December, 1990, and of January, February, March, April, May and June, 1991, 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 September 10, 1990 to June 21, 1991, 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; CO) keep the. Town free from any costs originating from the operation of the co-operaUve nursery school; (c) ensure that its oper.ations conclude by 12:30 p.m.,.local time, daily to facilitate the use of the Commumty Centre, and associated facilities, for other purposes; (d) indemnify the Town for any costs, claims or damages resulting from any loss, damage or injury (inciu. ding 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 Sch~ nd the Town, (a) : 1 liability insurance in respect of injury to or death of one or more t ;, or property damage, in an amount not less than Sl,000,000; and Co) ir we against loss or damage by fire in respect of all Town-owned · ty .comprising the West Shore Community Cen~e and associated ~s m the amount of $1,000,000 and contaimng the standard ext ~ ed perils endorsements, naming th, wn as co-insured; and (f) Provide te~ st-dated cheques, payable to the Town, in the amount set out above, with the ex~ ed copies of this Agreement. 3. The Town shall: (a) allow t? :ool to use the West Shore Community Centre, and associated facilitie ae purpose of operating a co-operative nursery school as follows: Mondw 'iday, inclusive - 8:30 a.m. to 12:30 p.m., local time from September 10, 199(; ~e 21, 1991, inclusive; (b) pro~d.e ~e necessary electrical power, heat and other utilities, subject to the provmons 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, 1990 to June 21, 1991. (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 re.suiting from the Town's inability to pro. de same as a result of acts of God, mechamcal failure or other circumstances beyond the Town's control. -2- 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 Cathy Ross, Vice-President -3- GINGERBRERD CD-DPERRTIUE NURSERY SEHQDL (PICKERING) INC. Westshore Community Centre P.O. Box 427, Pickering, Ontario L1V 2R7 JUN2 Pickering Parks and Recreation KERIN~ 1710 Kingston Road ~ Pickering, Ontario L1V 1C7 Dear Mr. Hunter: Re: Rent for the Westshore Community Centre for 1990-91 I am submitting a request for the Gingerbread Co-Operative Nursery School to you that once again our rent be assessed at $14 per child per month. Although our licence states that our capacity is 30 persons, we are limiting our enrollment to 24 children. We request that our rent be $336 per month, payable with postdated cheques to be dated the 10th of each month starting Septmber 10th and continuing through May 10th. We would supply a final cheque for an additional 2 weeks allowing us to use the facilities until June 21st. We trust that this will meet with Council's approval. Thanking you in advance. Yours sincerely, Rhona Long~ President JUN 22 1990 TO~N OF P~CK~ .~ DEPT. OF CO~MUNI~ S[RVIC~ ~ ~,~