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HomeMy WebLinkAboutOES 19-09 City's REPORT TO - EXECUTIVE COMMITTEE PICKERING Report Number: OES 19-09 Date: May 11, 2009 03 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. 2 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. 3 "OREPUR Gingerbread Licence - Page 4 10? 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 4 1 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 5