HomeMy WebLinkAboutBy-law 2274/86THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2274 /86
Being a by-law to authorize the execution of an
Agreement between the Corporation of the Town
of Pickering and the Claremont Co-Operative
Nursery School, Inc. respecting the use of the
Claremont Community Centre (September 16th,
1986 to June 16th, 1987)
WHEREAS 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 cooperative
nursery school and wishes to use the Claremont 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:
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 the Claremont Co-Operative Nursery School, Inc. respecting the
use of the Claremont Community Centre for the period September 16th, 1986 to
June 16th, 1987, inclusive.
BY-LAW read a first, second and third time and finally passed this 30th day of June,
1986.
TOWN OF
PICKERING
APPROVED
TO FORI
SCHEDULE A
THIS AGREEMENT ~h~zie this BOth day of June, 1986.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE FIRST PART,
- and -
CLAREMONT CO-OPERATIVE NURSERY SCHOOL, INC.
hereinafter called the "School"
OF THE SECOND PART,
WHEREAS 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 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 Nine Hundred and Ninety Dollars ($990.00)
payable by the School to the Town in nine payments of One Hundred and Ten Dollars
($110.00), one payment being due on the sixteenth day of each of September,
October, November and December, 1986, and January, February, March, April and
May, 1987, the Parties hereto covenant, promise and agree each with the other as
follow s:
The School shall:
(a)
provide and pay for all personnel, equipment and supplies for the pur-
pose 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 schooll
- 2 -
(d)
(e)
(f)
ensure~'~at its operations conclude by 12:30 p.m. daily to facilitate the
use of the Community Centre, and associated facilities, for other pur-
poses;
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;
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 contain-
ing the standard extended perils endorsements,
naming the Town as co-insuredl and
provide nine post-dated cheques, payable to the Town, in the amo-~nt set
out above, with the executed copies of this Agreement.
The School shall be allowed to use the Claremont Community Centre, and associ-
ated 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 16th, 1986 to June 16th, 1987, inclusive.
The Town shall:
(a)
(b)
(c)
(d)
(e)
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 1Z:30 p.m., local time,
from September 16th, 1986 to June 16th, 1987, inclusive.
provide the necessary electrical power, heat and other utilities, subject to
the provisions of section 5 hereof;
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
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.
(1) The term of this Agreement shall be from September 16th, 1986 to June
16th, 1987.
(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 lon~r~ss this Agreement shall not have been terminated pursuant to
subsection (2) above, the School shall have the option to renew this
Agreement for the 1987188 season subject to the imposition of such terms
and conditions as may be agreed upon between the Parties prior to Sep-
tember 1st, 1987.
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 hereto have affixed their corporate seals, attested
by their officers duly authorized in that behalf.
THE COIRPORATION OF THE TOWN OF PICKERING
H~n E. Anderson, Mayor
CLAREMONT CO-OPERATIVE NURSERY SCHOOL, INC.
President
Secretary