HomeMy WebLinkAboutBy-law 1015/79TOW PI
I"1P FR i:.
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1015/79
Being a By-Law to authorize the execution
of an Agreement between The Corporation
of the Town of Pickering and Altona Co-
operative Nursery School Inc. respecting
the use of the Claremont Community Centre
(September, 1979 to June, 1980).
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, Altona Co-operative Nursery School Inc. oper-
ates 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 Corporation of the Town of Pickering
and Altona Co-operative Nursery School Inc. respect-
ing the use of the Claremont Community Centre for
the purposes of the operation of the co-operative
nursery school therein from September 4th, 1979 to
June 27th, 1980, inclusive.
BY-LAW read a first, second and third time and finally passed
this Third day of July , 1979.
?t
LL:, A. L.
SCHEDULE "A" TO BY-LAW 1015/79
THIS AGREEMENT made this 3rd day of July, 1979.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town",
OF THE FIRST PART,
- and -
ALTONA 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 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 facil-
ities for such purpose pursuant to certain conditions here-
inafter set out;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consid-
eration 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 opera-
tion 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 prem-
ises;
(b) keep the Town free from any costs origina-
ting 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 per-
son or property at any time on the premises
or comprising the premises used by the
-2-
School, however such loss, damage or injury
may occur.
2. The School shall be allowed to use the Claremont Commun-
ity 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 4, 1979 to June 27, 1980, inclusive.
3. The Town shall:
(a) allow the School to use the Claremont Com-
munity 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 4, 1979
to June 27, 1980, inclusive;
(b) provide the necessary electrical power,
heat and other utilities, subject to
the provisions of section 5, hereof;
(c) provide the School with equipment stor-
age cupboards of adequate size; and
(d) provide the School with a kitchenette
facility for the purpose of providing
light snacks for School staff and
children.
4. (a) The terms of this Agreement shall be
from September 4, 1979 to June 27,
1980.
(b) Either party to this Agreement may ter-
minate this Agreement at any time during
the term hereof upon 30 days written
notice to the other.
(c) Subject to the termination of this Agree-
ment prior to its expiry, the School
shall have the option to renew this
Agreement for the 1980/81 season subject
to the imposition of such terms and con-
ditions as may be agreed upon between
the Parties prior to September 1, 1980.
5. The Town's obligations pursuant to this Agreement
shall be dependent upon the availability of sat-
isfactory 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 fail-
ure or other circumstances beyond the Town's
control.
- 3 -
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.
IN WITNESS WHEREOF the Parties hereto have affixed
their corporate seals, attested by their officers duly
authorized in that behalf.
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk
ALTONA CO-OPERATIVE NURSERY SCHOOL INC.
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