HomeMy WebLinkAboutOES 19-09
City's REPORT TO
- EXECUTIVE COMMITTEE
PICKERING Report Number: OES 19-09
Date: May 11, 2009
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From: Everett Buntsma
Director, Operations & Emergency Services
Subject: Gingerbread Co-operative Nursery School (Pickering) Inc.
- Licence Agreement Renewal
- File: A-1440-001-09
Recommendation:
1. That Report OES 19-09 of the Director, Operations & Emergency Services be
received, and
2. That the Mayor and City Clerk be authorized to execute a Licence Renewal
Agreement to which the Gingerbread Co-operative Nursery will be permitted to
continue to operate a cooperative nursery program at Westshore Community
Centre from April 1, 2009 to March 31, 2012, that is in the form and substance
acceptable to the Director, Operations & Emergency Services and the Chief
Administrative Officer.
Executive Summary: Gingerbread Co-operative Nursery School (Pickering) Inc.
have an existing licence agreement to provide a cooperative nursery program at
Westshore Community Centre. Gingerbread Co-operative Nursery School (Pickering)
Inc. have requested to renew this agreement for a further three years.
The Operations & Emergency Services Department recommends that a renewal
agreement be initiated with Gingerbread Co-operative Nursery School (Pickering) Inc.
Financial Implications:
Revenues: 2009/2010 $4,320.00
2010/2011 (+3%) 4,450.00
2011/2012 (+2%) 4,539.00
$13,209.00
Report OES 19-09 May 11, 2009
Subject: Gingerbread Co-operative Nursery School
(Pickering) Inc
I Oil Licence Renewal Agreement Page 2
Sustainability Implications: The use of the Westshore Community Centre for the
provision of a cooperative nursery program is a positive and proactive use of this facility
and is consistent with the City's mandate to encourage positive and healthy family
values.
Background: On February 20, 2006 Council enacted Resolution #20/06 to
authorize the execution of a licence renewal agreement with Gingerbread Co-operative
Nursery School (Pickering) Inc. to permit the private operations of a cooperative nursery
program at Westshore Community Centre.
The Director, Operations & Emergency Services and Division Head, Facilities
Operations recommend that a renewal agreement be initiated with the Gingerbread Co-
operative Nursery School (Pickering) Inc.
Attachments:
1. Licence Agreement dated April 1, 2009
Prepared By: Approved/Endorsed By:
Tony Prevedel Everett Buntsma
Division Head, Facilities Operations Director, Operations & Emergency
Services
EB:mld
Copy: Chief Administrative Officer
Recommended for the consideration
of Pickering City Council
Thomas J. uinn DMR, M III
Chief Administr ive Officer
CORP0227-07/01 revised
ATTACHMENT# TO REPORT# 1ci'0 9
of
THIS LICENCE AGREEMENT is made as of April 1, 2009 105
BETWEEN:
THE GINGERBREAD CO-OPERATIVE
NURSERY School (PICKERING) INC.
(the "School")
- and -
THE CORPORATION OF
THE CITY OF PICKERING
(the "City")
WHEREAS the City owns the community centre known as the West Shore Community
Centre at 1011 - 1015 Bayly Street in the City of Pickering (the "Community Centre");
and
WHEREAS the School wishes to use the Community Centre and associated facilities
for the purpose of operating a co-operative nursery school; and
WHEREAS the City is prepared to grant a licence to the School to permit the School to
use the Community Centre and associated facilities for such purpose;
NOW THEREFORE the City and the School agree as follows:
Licence
1. The City grants to the School a licence to occupy and use the Community Centre
and associated facilities for the purpose of operating a co-operative nursery
school on the terms and conditions set out in this Licence.
2. The School shall also be permitted to use the Community Centre one evening or
weekend day in each year of the term for fundraising efforts. These dates must
be requested in writing and are subject to availability.
Term
3. The term of this Licence shall be three (3) years commencing April 1, 2009 and
ending March 31, 2012 unless terminated earlier in accordance with the
provisions of this Licence.
4. Either the School or the City may terminate this Licence prior to the expiry of the
term by giving 90 days written notice to the other.
^,fli MEN"ITOREPORT# r'ES
Gin erbread Licence at Page 2
Fees
5. During the first year of the term, the School shall pay to the City the fixed sum of
$4,320.00 in 10 equal monthly payments of $432.00 payable on the 1st day of
every month except July and August. During the second year of the term, the
School shall pay to the City the fixed sum of $4,448.00 in 10 equal monthly
payments of $448.00 payable on the 1st day of every month except July and
August. During the third year of the term, the School shall pay to the City the
fixed sum of $4,464.00 in 10 equal monthly payments of $464.00 payable on the
1st day of every month except July and August.
6. The School shall provide ten post-dated cheques prior to the start of each school
year, payable to the City, in the amounts set out in Section 5.
Operation
7. The School shall,
(a) comply strictly with all applicable laws, by-laws, rules and regulations
governing the operation of the School;
(b) only operate the school Monday to Friday from 8:30 am to 12:30 pm and
only during the months of September through June;
(c) ensure that its operations conclude by 12:30 pm Monday to Friday to
facilitate the use of the Community Centre and associated facilities for
other purposes;
(d) provide and pay for all personnel and supplies required for its purposes;
(e) obtain all necessary permits, licenses and approvals that may be required
in connection with the operation of the school; and
(f) maintain the Community Centre in a clean, sanitary and attractive
condition satisfactory to the City throughout the term and, at the end of
the term, repair or replace any damages to the Community Centre save
and except reasonable wear and tear.
8. The City shall provide,
(a) all necessary electrical power, heat and other utilities;
(c) equipment storage cupboards; and
(d) a kitchenette facility for the purpose of providing light snacks for School
staff and children.
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Gingerbread Licencee Page 3
10?
9. The City assumes no responsibility to the School for the temporary or
unavoidable interruption of the supply of electrical power, heat or other utilities
due to any cause whatsoever. The City shall use reasonable diligence to restore
any such services whenever they are interrupted.
Insurance
10. The School, at its own expense, shall provide,
(a) comprehensive general public liability insurance, identifying the City
as an additional insured, including coverage for personal injury,
contractual liability, tenant's legal liability, non-owned automobile
liability, death and property damage, on an occurrence basis with
respect to the business carried on at the Community Centre and
the School's use and occupancy of the Community Centre, with
coverage for any one occurrence or claim of not less than
$2,000,000, which insurance shall protect the City in respect of
claims by the School as if the City was separately insured; and
(b) a certificate of insurance coverage in a form satisfactory to the City,
which insurance coverage shall be kept in full force and effect
throughout the term.
11. The School shall not do or omit or permit to be done anything that causes any
insurance premium of the City to be increased, and if any insurance premium
shall be so increased, the School shall pay to the City forthwith upon demand the
amount of such increase. If notice of cancellation or lapse shall be given
respecting any insurance policy of the City or if any insurance policy shall be
cancelled or refused to be renewed by an insurer by reason of the use or
occupation of the Community Centre, the School shall forthwith remedy or rectify
such use or occupation upon being requested to do so in writing by the City and
if the School shall fail to do so the City may, at its option, terminate this Licence
forthwith by notice to the School and the School shall immediately vacate the
Community Centre.
Liability and Indemnification
12. The City shall not be liable to the School for any loss of or damage to the
Community Centre or any equipment or inventory in it, whether caused by fire,
theft, burglary or otherwise, unless such loss or damage was caused by the
negligence of the City, its servants, agents or employees.
13. The School shall indemnify the City and each of its servants, employees and
agents from and against all actions, suits, claims and demands which may be
brought against any of them, and from and against all losses, costs, charges,
damages and expenses which may be sustained by any of them as a result of
School's use and occupation of the Community Centre.
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"OREPUR
Gingerbread Licence - Page 4
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Default
14. If at any time the School is in default in the performance of any of the obligations
under this Licence and such default continues for 15 days after the receipt by the
School of notice from the City setting out the particulars of such default, the City
shall have the right to terminate this Licence forthwith and thereupon all the
rights of the School under this Licence shall immediately cease and the City shall
not be liable for payment to the School of any moneys whatsoever by reason of
such termination.
General
15. The City shall have the right to enter the Community Centre at any time for any
reason provided all reasonable efforts are made to minimize any disruption to
the School's use of the Community Centre.
16. The School shall not exhibit or allow to be exhibited on the exterior of the
Community Centre any sign, notice, notice board, painting, design or
advertisement without the prior consent of the City.
17. The School shall not alter, add to or vary in any way any part of the Community
Centre without the prior approval of the City.
18. This Licence shall not be assignable by the School without the consent of the
City, which consent may be arbitrarily refused.
19. This Licence shall ensure to the benefit of and be binding upon the parties and
their respective successors and permitted assigns.
20. No amendment to this Licence shall be effective unless it is in writing and signed
by both parties.
(1) Any notice to the City under this Licence shall be in writing and shall be
delivered to the following address:
Pickering Civic Complex
One The Esplanade
Pickering, Ontario
L1V 6K7
Attention: City Clerk
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Gingerbread Licence.. Page 5
109
(2) Any notice to the School under this Licence shall be in writing and shall be
delivered to the following address:
1011 Bayly Street
Box 427
Pickering, ON L1V 2R7
Attention: Kim Panourgias, President
(3) Notice shall be sufficiently given'if delivered in person or sent by
registered mail or sent by facsimile transmission during normal business
hours on a business day.
(4) Each notice sent shall be deemed to have been received on the day it
was delivered or on the third business day after it was mailed.
(5) The parties may change their address for notice by giving notice to the
other in the manner provided in this Section.
IN WITNESS WHEREOF the City and the School have signed this Licence.
GINGERBREAD CO-OPERATIVE NURSERY
SCHOOL (PICKERING) INC.
Kim Panourgias, President
Marcy Farhat, Secretary
THE CORPORATION OF THE CITY OF
PICKERING
David Ryan, Mayor
Debi A. Wilcox, Clerk
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