HomeMy WebLinkAboutBy-law 5348/98THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 5348/98
Being a by-law to authorize the execution of a Licence
Agreement between The Corporation of the Town of
Pickering and the Gingerbread Co-operative Nursery
School (Pickering) Inc. respecting the use of the West
Shore Community Centre (September 8, 1998 to June 25,
1999).
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 co-operative
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 Picketing 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 8, 1998 to June 25, 1999.
BY-LAW read a first, second and third time and finally passed this 29fl-x day of June, 1998.
W~Mayor
Brace Taylor, Clerk
File: RI401
THIS AGREEMENT
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
hereto called the "Town"
OF THE FIRST PART,
GINGERBREAD CO-OPERATIVE NURSERY SCHOOL (PICKERING) INC.
hereto called the "Town"
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 Pickering; 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 grant a licence to the school to permit it 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 Two Thousand, Eight Hundred dollars ($2,800) (based on $17.50 per child for 16 children) payable by the
School to the Town in ten payments of Two Hundred and Eighty dollars ($280), one payment being due on the 1st day of
each of September, October, November and December, 1998 and of January, February, March, April, May and June, 1999,
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 time, from September 8, 1998 to June 25, 1999,
inclusive.
2. The School shall:
(a)
provide and pay for all personnel, equipment and supphes for the purpose of its operation of the co-
operative nursery school;
(b) keep the Town free from any costs originating from the operation ofthe co-operative nursery school;
(c)
ensure that its operations conclude by 12:30 p.m., local time, daily, to facilitate the use of the Commumty
Centre and associated facilities, for other purposes;
(d)
indemmfy 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 hability 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
Co)
insurance against loss or damage by fire m 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
provide ten post-dated cheques, payable to the Town, in the amount set out above, with the
executed copies of this Agreement.
3. 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, reclusive - 8:30 a.m. to 12:30 p.m., local time, from September 8, 1998 to June 25,
1999.
(b)
provide the necessary electrical power, heat and other utilities, subject to the provisions of section 5,
hereof;
(c) 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
(e)
have the power, through the Town's staff, to direct the School's staffwhen a situation may cause damage to
the Community Centre premises.
(a)
Co)
The term of this Agreement shall be from September 8, 1998 to June 25, 1999.
Either Party to tiffs Agreement may terminate this Agreement at any time during the term hereof
days written notice to the other.
upon 30
o
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.
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 herein have hereunto affixed their corporate seals, attested to by their officers duly
authorized in that behalf.
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
GINGERBREAD CO-OPERATIVE NURSERY
SCHOOL (PICKERING) INC.
File: R1401
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