HomeMy WebLinkAboutBy-law 1402/81THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1402/81
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 1st, 1981 to June 30th, 1982).
WHEREAS the Town owns and operates a community centre known as the
Claremont Community Centre in the Hamlet of Claremont in the Town of
Pickering; 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 purpose 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 Corpor-
ation of the Town of Pickering and the Claremont Co-operative
Nursery School, Inc. respecting the use of the Claremont Commun-
ity Centre for the purposes of the operation of the co-operative
nursery school therein from September 1st, 1981 to June 30th,
1982, inclusive.
READ a first, second and third time and finally passed this 16th day
of November , 1981.
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SCHEDULE "A"
To By-law #1402/81
THIS AGREEMENT made in duplicate this
day of
1981
B E T W E E N:
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
Pickering; and
WHEREAS the School operates a co-operative nursery school and is desir-
ous 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 One Dollar ($1.00) of
lawful money of Canada now paid by each of the Parties hereto to the
other, the receipt whereof is hereby acknowledged, 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. Town staff shall have the power to direct the
School's personnel when a situation may cause damage to the
Community Centre premises;
(b) keep the Town free from any costs originating from the opera-
tion 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 com-
prising the premises used by the School, however such loss,
damage or injury may occur.
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2. The School shall be allowed to use the Claremont Community Centre,
and associated facilities, for the purpose of operating a co-oper-
ative nursery school as follows:
Monday - Friday (inclusive) - 8:30 a.m. to 12:30 p.m.
from September 1st, 1981 to June 30th, 1982, 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.
from September 1st, 1981 to June 30th, 1982, inclusive;
(b) provide the necessary electrical power, heat and other util-
ities, subject to the provisions of section 5, hereof;
(c) provide the School with equipment storage cupboards of ade-
quate size; and
(d) provide the School with a kitchenette facility for the pur-
pose of providing light snacks for School staff and children.
4. (a) The terms of this Agreement shall be from September lst, 1981
to June 30th, 1982.
(b) Either Party to this Agreement may terminate this Agreement
at any time during the term hereof upon 30 days written
notice to the other.
(c) Subject to the termination of this Agreement prior to its
expiry, the School shall have the option to renew this Agree-
ment for the 1982/83 season subject to the imposition of such
terms and conditions as may be agreed upon between the Parties
prior to September 1st, 1982.
5. The Town's obligations pursuant to this Agreement shall be depen-
dent 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.
6. This Agreement and everything contained herein shall not be assign-
able 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
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seals, attested by their officers duly authorized in that behalf.
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
CLAREMONT CO-OPERATIVE NURSERY SCHOOL, INC.
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