HomeMy WebLinkAboutBy-law 5539/99THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 5539/99
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 7, 1999 to June 30,
2002).
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 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 (Pickering) Inc., respecting the use of the West Shore Community
Centre for the period September 7, 1999 to June 30, 2002.
BY-LAWreadafirst, second and third time and fmally passed this 3rd day of g. ugus~c~ 1999,
Brace Taylor, Clerk
THIS AGREEMENT
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
herein called the "Town"
- and -
OF THE FIRST PART,
GINGERBREAD CO-OPERATIVE NURSERY SCHOOL (PICKERING) INC.
herein 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 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 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 WlTNESSETH that in consideration of other good and valuable
consideration and the sum of Two Thousand, Eight Hundred and Eighty dollars ($2,880) (based on $18.00 per child for
16 children) for the 1st year; Three Thousand and Forty dollars ($3,040) (based on $19.00 per child for 16 children) for
the 2nd year; and Three Thousand, Two Hundred dollars ($3,200) (based on $20.00 per child for 16 children) for the 3rd
year, one payment being due on the 1 st day of each of September, October, November and December, January, February,
March, April, May and June, during the term hereof, 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 7, 1999 to June 30, 2002,
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
Co)
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
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, inclusive - 8:30 a.m. to 12:30 p.m., local time, from September 7, 1999 to June 30,
2002.
(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;
(d)
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 staff when a situation may cause damage
to the Community Centre premises.
(a)
(b)
The term of this Agreement shall be from September 7, 1999 to June 30, 2002.
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.
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 PICKER1NG
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
GINGERBREAD CO-OPERATIVE NURSERY
SCHOOL (PICKERING) INC.
File: RI401
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