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HomeMy WebLinkAboutBy-law 5083/97 REPEALED BY , · REPEALS . AMENDED BY . AMENDS DISPOSITION THE CO_.RPORATION OF THE TOWN OF PICKERI_NQ Being a by-law to authorize the execution qf a Licence Agreement between The Corporation of the Town of Picketing and Claremont Co- Operative Nursery School Inc. respecting the use of the Claremont Community Centre (September 1, 1997 to June 26, 1998). WHEREAS the Town owns and operates a community centre known as the Claremont Community Centre in the hamlet of Claremont in the Town of Picketing; arid WHEREAS the Claremont Co-Operative Nursery School Inc. operates a co-operative nursery school and wishes to use the Claremont Community 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 Pickering and Claremont Co-Operative Nursery School Inc., respecting the use of the Claremont Community Centre for the period September 1, 1997 to June 26, 1998, inclusive. BY-LAW read a first, second and third time and finally passed this 5th day of August, 1997. TOWN OF' PICKERING ~ayne Art[~;urs, Mayor L~:'~' ~::'T' ~ruce/faylo~r, [2ferk B E T W E E N: THE CORPORATION OF THE TOWN OF PICK, ERING horein called the "Town" OF THE FIRST PART, - and - CLAREMONT CO-OPER&TIVE NURSERY SCHOOL INC. herein called the "School" OF THE SECOND PART. WHEREAS the Town owns and operates a community centre known as the Claremont Community Centre in the hamlet of Claremont in the Town of Picketing; and WHEREAS the School operates a co-operative nursery school and is desirous of using the Ciaremont Community Centre, and associated facilities, for the purpose of such operation; and WHEREAS the Town is prepared to grant a licence to the school to permit it to use the Claremont 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 One Thousand, Seven Hundred and Fifty Dollars ($1,750) payable by the School to the Town in ten payments of One Hundred and Seventy Five Dollars ($175) one payment being due oil the first day of each of September, October, November and December, 1997 and January, February, March, April, May and June, 1998, the Parties hereto covenant, promise and agree each with the other as follows: 1. 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 bat its operations conclude by 12:30 p.m. 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 [espect 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 ali Town-owned properly comprising the Claremont 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 (0 provide ten post-dated cheques, payable to the Town, in the amount sit out above, with the executed ? - copies of this Agreement. ol~rati~ a r,o-op~r~tt~e nUr~r,/~hool ~ follows: Five mornings I~r week. (days to be determined by.mutual asr~ement between the parties), TI~ Town (a) allow the S~hool to use the Clnremont Community Centre, and associated facilities, for the purpose of operating n ~o-op~rative nursery s~hool as follows: 8::]0 n.m. to 12:30 p.m., local time, from September I, 1997 to June 26, 1998, inclusive. (b) provide the necessary electrical power, beat and other utilities, subject to the provisions of section hereof; (c) provide the School with an equipment stornge cupboard of adequate size; (d) provide the School with a kitchenette facility for the purpose of providing light snacks for School staff nnd children; and (e) have the power, through the Town's staff, to direct the School's staff when a situation may cause damage to the Community Centre premises. 4. (a) The term of this Agreement shall be from September 1, 1997 to June 26, 1998. (b) 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 manne~ 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 hereunto affixed their respective Corporate Seals attested to by the hands of their authorized officers. SIGNED, SEALED AND DELIVERED THE CORPORATION OF THE TOWN OF PICKERING ~ruce T~or, C~rk'-' ~/ ct -~ CLAREMONT CO-OPERATIVE NUII.'iERY SCHOOL INC.