HomeMy WebLinkAboutBy-law 3771/91THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3771/91
Being a by-'law to authorize the execution of an
Agreement between The Corporation of the Town of
Picketing and the Gingerbread Co-Operative Nursery
School (Pickering) Inc. respecting the use of the West
Shore Community Centre (September 9, 1991 to June 21,
1992).
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 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:
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 9, 1991 to June 21, 1992, inclusive.
second and thir'~ ....... ~d~
BY-LAW read a first, ,, dme ana finmiy passed this/7(h day of August, 1991.
Wayne-Arth~rs, Mayor --
r TOWN CF
PICK£RING
APPROVED
LEGAL DEPT
TH/S AGREEMENT made this 7th day of August, 1991
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, Six Hundred and Forty-Eight dollars
($3,648.00) payable by the School to the Town in nine payments of Three Hundred and Eighty-Four
dollars ($384.00), and one payment of One Hundred and Ninety-Two dollars ($192.00) one payment
being due on the 9th day of each of September, October, November and December, 1991, and of
January, February, March, April, May and June, 1992, the Parties hereto covenant, promise and agree
each with the other as follows:
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 tune, from September 9, 1991 to
June 21, 1992, 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.
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 - 8:30 a.m. to 12:30 p.m., local time from September 9,
1991 to June 21, 1992, inclusive;
provide the necessary electrical power, heat and other utilities, subject to the provisions
of section 5, hereof;
provide the School with equipment storage cupboards of adequate size;
provide the School with a kitchenette facility for the purpose of providing light snacks
for School staff and children; and
have the power, through the Town's staff, to direct the School's staff at all times.
(b)
(c)
(d)
(e)
(1)
(2)
The term of this Agreement shall be from September 9, 1991 to June 21, 1992.
Either Party to this Agreement may terminate this Agreement at any time during the
term hereof upon 30 days written notice to the other.
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.
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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
Brace Taylor, Clerk
GINGERBREAD CO-OPERATIVE NURSERY
SCHOOL (PICKERING) INC.
Kellie Browne, President
Cheryl Hawke, Vice-President
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