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HomeMy WebLinkAboutBy-law 3594/90 THE CORPORATION OF THE TOWN OF PICKERING . 3594 Being a by-law to authorize the execution of an Agreement between The Corporation of the Town of Pickering and Friendship Nursery School respecting the use of the East Shore Community Centre (November 5, 1990 to June 28, 1991). WHEREAS the Town owns and operates a community centre known as the East Shore Community Centre in the Town of Picketing; and WHEREAS, the Friendship Nursery School operates a private nursery school and wishes to use the East 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: 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 Picker'mg and Friendship Nursery School respecting tile use of the East Shore Community Centre for the period November 5, 1990 to June 28, 1991, inclusive. BY-LAW read a first, second and third time and finally passed this 19th day of Novemher, 1990. Wayne ~rt-~ursv~ayor- Bruce Taylor, TOWN CF PICKER~NG APPROVED AS TO FORM LEGAL DEPT. THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3594/90 Being a by-law to authorize the execution of an Agreement between The Corporation of the Town of Pickering and Friendship Nursery School respecting the use of the East Shore Community Centre (November 5, 1990 to June 28, 1991). WHEREAS the Town owns and operates a community centre known as the East Shore Community Centre in the Town of Picketing; and WHEREAS, the Friendship Nursery School operates a private nursery school and wishes to use the East Shore Community Centre, and associated facilities, for the purposes of such operation; NOW THEREFORE, the Council of The 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 Friendship Nursery School respecting the use of the East Shore Community Centre for the period November 5, 1990 to June 28, 1991, inclusive. BY-LAW read a f~rst, second and third time and finally passed this 19th day of November, 1990. Wayne Arthursv/0layor ' Brace Taylor, ~rk TOWN G.t: PICKER',bIG APPROVEO AS TO FORM LEGAL DEPI. SCHEDULE A THIS AGREEMENT made as of November 6, 1990. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the 'Town" OF THE FIRST PART, FRIENDSHIP NURSERY SCHOOL hereinafter called the "School" OF THE SECOND PART. WHEREAS, the Town owns and operates a community centre known as the East Shore Community Centre in the Town of Picketing; and WHEREAS the School operates a private nursery school and is desirous of using the East Shore Community Cenue, and associated facilities, for the purpose of such operation; and WHEREAS the Town is prepared to permit the School to use the East 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 and Eighty Dollars ($2,880.00) payable by the School to the Town in eight payments of Three Hundred and Sixty Dollars ($360.00), one payment being due on the 19th day of each of November and December, 1990 and January, February, March, April, May and Sune, 1991, the Parties hereto covenant, promise and agree each with the other as follows: 1. The School shall he allowed to use the East Shore Community Centre, and associated facilities, for the purpose of operating a private nursery school as follows: Monday to Friday, inclusive - 8:30 a.m. to 4:00 p.m., local time, from November 5, 1990 to lane 28, 1991, inclusive. 2. The School shall: (a) provide and pay for all personnel, equipment and supplies for the purpose of its operation of the private nursery school; (b) keep the Town free from any costs originating from the operation of the private nursery school; (c) ensure that its operations conclude by 4:00 p;m., local time, daily to facilitate the use of the Community Centre, and associated facilities, for o~her purposes; (d) indenmify 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 (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 respoct of injury to or death of one or more persons, or property damage, in an amount not less than $1,000,000; and (b) imurance against loss or damage by fire in respect of all Town-owned pro~rty comprising the East Shore Community Cent~ and associated facilities in th~ amonm of $I,000,000 and containing the standard extended perils endorsements, naming the Town as co-insured; and (f) provide eight post-dated cheques, payable to the Town, in the mount set out above, with the executed copies of this Agreement. 3. The Town shall: (a) allow the School to use the East Shore Community Centre, and associated facilities, for the purpose of operating a private nursery school as follows: Monday - Friday (inclusive) - 8:30 a.m. to 4:00 p.m., local time, from November 5, 1990 to June 28, 1991, 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 staff and children; and (e) have the power, through the Town's staff, to direct the School's staff at all times. 4. (1) The term of this Agreement shall be from Noveraber 5, 1990 to Sune 28, 1991. (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. The Town's obligations pursuant to this agreement shall bo dependem upon the availability of satisfactory facilities during the term h~reof. The School shall not hold the Town res}>onsible for, and the Town shall noi 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. 6. This Agreement and everything contained herein shall not be assignable by either Pan'y and shall enure to the benefit of and be binding upon the Parties hereto. IN WITNESS WHEREOF, the Parties hereto have affixed their corporate seals, attested by their officers duly authorized in that behalf. SIGNED, SE,4t.F~D & DF~t. lVERED THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk FRIENDSHIP NURSERY SCHOOL Edith Harris, President Hany Harris, Treasurer -2-