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Home My WebLink AboutCR 17-14 cat/ Report to Executive Committee PICKERING Report Number: CR 17-14 Date: July 7, 2014 From: Marisa Carpino Director, Culture & Recreation Subject: Gingerbread Co-operative Nursery School (Pickering) Inc. - Licence Agreement - File: A-1440-001 Recommendation: 1. That Report CR 17-14 of the Director, Culture & Recreation be received; and 2. That the Mayor and City Clerk be authorized to execute a License Agreement to which the Gingerbread Co-operative Nursery (Pickering) Inc. will be permitted to continue to operate a cooperative nursery program at Westshore Community Centre from September 1, 2014 to June 30, 2019, in the form included as Attachment 1, subject to such revisions as are acceptable to the Director, Culture & Recreation and the Director, Corporate Services & City Solicitor; Executive Summary: Gingerbread Co-operative Nursery School (Pickering) Inc. has an expired licence agreement to provide a cooperative nursery program at Westshore Community Centre. The previous licence agreement was for the period September 1, 2010 to June 30, 2012. Gingerbread Co-operative Nursery School (Pickering) Inc. has requested to renew this agreement for a further five years. The Culture & Recreation Department recommends that a renewal agreement be initiated with Gingerbread Co-operative Nursery School (Pickering) Inc. Financial Implications: The revenue to be generated from Gingerbread Co- operative Nursery School (Pickering) Inc. will be $4,350 (including HST) in year one of the agreement (2014-2015), $4,450 (including HST) in year two of the agreement (2015-2016), $4,550 in year 3 of the agreement (2016-2017), $4,650 in year four of the agreement (2017-2018) and $4,750 in year five of the agreement (2018-2019). The total rental revenue to be collected over the five year term (September 1, 2014 to June 30, 2019) will be $22,750 (including HST). The rental revenue collected during the previous agreement was $4,160 per year (including HST) which totals $16,640 (including HST) over the past four years (September 1, 2010 to June 30, 2014). 254 Report CR 17-14 July 7, 2014 Subject: Gingerbread Co-operative Nursery School (Pickering) Inc - Licence Agreement Page 2 Discussion: At the Council meeting of January 17, 2011, Council enacted Resolution # 11/11 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 for the period of September 1, 2010 to June 30, 2012. Gingerbread Co-operative Nursery School (Pickering) Inc. is a non profit, parent based, registered charity that has operated at the West Shore Community Centre for over 20 years. Gingerbread is licensed to accept up to 16 children (from 2-5 years of age) who are supervised by 2 Registered Early Childhood Educators with over thirty-five years of combined experience. Gingerbread Co-operative Nursery School (Pickering) Inc. is currently seeking to renew their licence agreement with the City of Pickering to operate their nursery school at the West Shore Community Centre on Monday, Wednesday and Friday mornings from September to June annually. The revenue to be generated from Gingerbread Co-operative Nursery School (Pickering) Inc. will be $4,350 (including HST) in year one of the agreement (2014- 2015), $4,450 (including HST) in year two of the agreement (2015-2016), $4,550 in year 3 of the agreement (2016-2017), $4,650 in year four of the agreement (2017-2018) and $4,750 in year five of the agreement (2018-2019). The total rental revenue to be collected over the five year term (September 1, 2014 to June 30, 2019) will be $22,750 (including HST). The rental revenue collected during the previous agreement was $4,160 per year (including HST) which totals $16,640 (including HST) over the past four years (September 1, 2010 to June 30, 2014). The Director, Culture & Recreation recommends that the licence agreement be renewed with the Gingerbread Co-operative Nursery School (Pickering) Inc. for the period of September 1, 2014 to June 30, 2019. Attachments: 1. Draft License Agreement for Gingerbread Co-operative Nursery School (Pickering) Inc. (September 1, 2014 to June 30, 2019) 2. Location Map 255 Report CR 17-14 July 7, 2014 Subject: Gingerbread Co-operative Nursery School (Pickering) Inc - Licence Agreement Page 3 Approved By: Approved/Endorsed By: Nt I Brian Duffield Marisa Carpino Manager, Facilities Operations Director, Culture : :-creation MC:bd Recommended for the consideration of Pickering City Council / ja,,te 20, 204 Tony Prevedel, P.Eng. Chief Administrative Officer • 256 ATTACHMENT# I !O REPORT 4__C.e ice- IL4 c-P THIS LICENCE AGREEMENT is made as of July 18, 2014 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 Five(5) years commencing September 1, 2014 and ending June 30, 2019 unless terminated earlier in accordance with the provisions of this Licence. 4. Either the School or the City may terminate this Licence without cause prior to the expiry of the term by giving 90 days written notice to the other. 257 C, 12 I ~ I 1 P5 a -6 Gingerbread Licence Page 2 Fees 5. During the first year of the term, the School shall pay to the City the fixed sum of $4,350.00 (including HST) in 10 equal monthly payments of$435.00 (including HST) payable on the 1st day of every month except July and August. During each subsequent year of the term, the School shall pay to the City the fixed sums listed below in 10 equal monthly payments payable on the 1st day of every month except July and August. Year Two (September 1, 2015 -June 30, 2016) $4,450.00 (including HST) Year Three (September 1, 2016 - June 30, 2017) $4,550.00 (including HST) Year Four (September 1, 2017 - June 30, 2018) $4,650.00 (including HST) Year Five (September 1, 2018 - June 30, 2019) $4,750.00 (including HST) 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, Wednesday and 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, Wednesday and 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 2 258 ATTACHMENT-"- I ,, ... a— Iq- – iLI p53 s Gingerbread Licence Page 3 (d) a kitchenette facility for the purpose of providing light snacks for School staff and children. 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 $5,000,000, 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 3 259 ATTACHMENT t C4 —1 Gingerbread Licence P3 c� Page 4 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. 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 enure 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 4 260 ATTACHMENT# Gingerbread Licence Page 5 (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: Ashley Corcoran, 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. Ashley Corcoran, President Howard Daniels, Secretary THE CORPORATION OF THE CITY OF PICKERING David Ryan, Mayor Debbie Shields, City Clerk 5 261 ATTACHMENT . Ci j q-- )L-4. Nt 401 GN� P 6 ' 2 2 . • s- vo-' cioiso—Nt , . SUBJECT SITE I , WEST S ARE CO A N TY 11 a j , CENTR Aill6 . • Jir. . R BAY MD a � ' FENCHMAN ,S a- �❑ Q VISTULA D mainogrittu mei ENGINEERING&PUBLIC ATTACHMENT FOR COMMUNITY WORKS DEPARTMENT SERVICES REPORT CR 17-14 Cliq 4 CAPITAL PROJECTS& — _1�6 r-- INFRASTRUCTURE THE GINGERBREAD CO-OPERATIVE NURSERY '; Lr➢. ;i77y. SCALE: DATE, SCHOOL(PICKERING) INC.-LICENCE AGREEMENT r N.T.S June 2 12014 WEST SHORE COMMUNITY CENTRE ��, ��',� L\YPandE\Thematk mopping\Yaps\ObES—Culture k Recreation\Attachment for Report\2014 CE&R—Report CR 17-14.0 9 L262