HomeMy WebLinkAboutBy-law 4370/93 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 4370/93
Being a by-law to authorize the execution of an
Agreement between The Corporation of the Town of
Pickering and Claremont Co-Operative Nursery School
Inc. respecting the use of the Claremont Community
Centre (September 7, 1993 to June 24, 1994).
WtIEREAS 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 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 thc Corporation of the Town of Pickering 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 7, 1993 to June 24, 1994, inclusive.
BY-LAW read a first, second and third time and finally passed this 20th day of December, 1993.
ayne Arth)~s, Mayor
/Brace Taylor"Clerk
THIS AGREEMENT made this 20th day of December, 1993.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
herein called the "Town"
OF THE FIRST PART,
CLAREMONT CO-OPERATIVE NURSERY SCHOOL. INC.
herein called the "School"
OF THE SECOND PART.
WHEREAS the Town owns and operates a communit3' centre known as the Claremont Community Centre in
the hamlet of Claremont in the Town of Pickering; and
WHEREAS the School operates a co-operative nursery school and is desirous of using the Claremont
Community Centre, and associated facilities, for the purpose of such operation; and
WHEREAS the Town is prepared to permit the School 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 Two Thousand, Five Hundred and Twenty Dollars ($2,520) payable by the School
to the Town in ten payments of Two Hundred and Fifty-Two Dollars ($252.00), one payment being due on the
third day of each of September, October, November and December, 1993 and January, February, March, April,
May and June, 1994, 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 that 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 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 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
(f) provide ten post-dated cheques, payable to the Town, in the amount set out above, with the
executed copies of this Agreement.
2. The School shall be allowed to use the Claremont Community Centre, and associated facilities, for the
purpose of operating a co-operative nursery school as follows:
Monday - Friday (inclusive) - 8:30 a.m. to 12:30 p.m., local time, from September 7, 1993 to June 24,
1994, inclusive.
3. The Town shall:
(a) allow the School to use the Claremont Community Centre, and associated facilities, for the
purpose of operating a co-operative nursery school as follows:
Monday - Friday (inclusive) - 8:30 a.m. to 12:30 p.m., local time, from September 7, 1993 to
June 24, 1994, inclusive.
(b) provide the necessary electrical power, heat and other utilities, subject to the provisions of
section 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
staffand children; and
(e) have the power, through the 'town% staff, to direct the School's staff when a situation may cause
damage to the Community Centre premises.
4. (1) The term of this Agreement shall be from September 7, 1993 to June 24, 1994.
(2) Either Party to this Agreement may terminate this Agreement at any time during the term hereof
upon 30 days written notice to the other.
(3) So long as this Agreement shall not have been terminated pursuant to subsection (2) above, the
School shall have the option to renew this Agreement for the 1994/95 season subject to the
imposition of such terms and conditions as may be agreed upon between the Parties prior to
September 1, 1994.
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 e 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.
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.
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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
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
CLAREMONT CO-OPERATIVE NURSERY SCHOOL, INC.
Normalyn Wilson, President
Lara Taylor, Treasurer