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HomeMy WebLinkAboutBy-law 1564/82THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1564/82 Being a By-Law to authorize the execution of an Agreement between the Corporation of the Town of Pickering, Durham Condominium Corporation No. 19, and Edbar Security Limited respecting the enforcement of park- ing regulations at 1210 Radom Street. WHEREAS the Council of the Corporation of the Town of Pickering enacted By-Law 851/78 on July 10th, 1978, which by-law includes certain provi- sions respecting the regulation of parking on private property and fire routes; and Wq~EREAS those provisions are in force ing Durham Condominium Corporation No. Pickering; and respecting the property compris- 19 and known as 1210 Radom Street, WHEREAS Durham Condominium Corporation No. 19, and its agent, Edbar Security Limited, have offered their services to the Town for the pur- pose of assisting the Town in enforcing the said parking regulations on those lands; 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 Corpora- tion of the Town of Pickering, Durham Condominium Corporation No. 19, and Edbar Security Limited respecting the provision of assis- tance to the Town by Durham Condominium Corporation No. 19 and Edbar Security Limited in the enforcement of the Town's parking regulations on the lands comprising Durham Condominium Corporation No. 19 and known as 1210 Radom Street, Pickering. BY-LAW read a first, second and third time and 4th day of October , 1982. finally passed this Schedule "A" to B~;-law Number 1564/82 THIS AGREEMENT made in triplicate this day of , 1982. BETWEEN : THE CORPORATION OF THE TOWN OF PICKERING hereinafter referred to as the "Town" OF THE FIRST PART, an d - DURHAM CONDOMINIUM CORPORATION NO. 19 hereinafter referred to as the "Condominium" OF THE SECOND PART, - and- EDBAR SECURITY LIMITED hereinafter referred to as the "Company" OF THE THIRD PART. WHEREAS the Condominium is a condominium corporation pursuant to the provisions of the Condominium Act, R.S.O. 1980, chapter 84, and as such has all of the rights, duties and obligations of a condominium corpora- tion thereunder, especially respecting the lands and premises known as 1210 Radom Street, Pickering; and ~EREAS the Condominium has offered certain services to the Town for the purpose of assisting the Town in enforcing the Town's parking pro- hibitions at 1210 Radom Street, Pickering; and WHEREAS the Company is under contract to the Condominium for various purposes, and for those purposes is an agent of the Condominium; NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT in consideration of the sum of Two Dollars ($2.00) now paid by each Party to the other Parties, receipt of which by each is hereby acknowledged, the Parties hereto agree as follows: - 2 - The Condominium, through its agent the Company, shall assist the Town in the enforcement of the Town's parking prohibitions, being By-Law 851/78, as amended from time to time, at 1210 Radom Street, Pickering, pursuant to the terms and conditions hereinafter set forth. The Company shall designate one or more of its employees to assist the Municipal Law Enforcement Officer of the Town in the enforce- ment of By-Law 851/78, as amended from time to time, or any suc- cessor thereto, which employee or employees may, in the discretion of the Town, be appointed by the Town as By-Law Enforcement Officers for this purpose. (1) (2) Any person designated by the Company pursuant to section 2 and appointed by the Town pursuant to section 2 shall remain an employee of the Company and at no time shall be considered an employee of the Town. Notwithstanding the provisions of subsection (1), above, any employee designated by the Company pursuant to section 2 and appointed by the Town pursuant to section 2, shall be respon- sible to the Town Clerk through the Town's Municipal Law Enforcement Officer insofar as the enforcement of By-Law 851/78, as amended from time to time, or any successor thereto, is concerned. The Condominium and the Company hereby agree, jointly and severally, to save harmless and to indemnify the Town from and against all claims, demands, damages, losses, costs, charges and expenses which the Town may sustain or incur or be liable for in conse- quence of any act or omission of any person designated by the Company pursuant to section 2 and appointed by the Town pursuant to section 2. o The Condominium and the Company acknowledge and agree that nothing in this Agreement shall affect the rights, duties and obligations of the Town or the Durham Regional Police Force to enter upon the Condominium's lands for the purpose of enforcing the Town's park- ing regulations. (2) (3) This Agreement may be terminated by any Party upon two (2) day's written notice to the other Parties, which notice shall be sufficiently given if delivered as follows: (a) for notice by the Town or the Company to the Condominium, personal delivery to the Manager, Superintendent or per- son in charge at 1210 Radom Street, Pickering; (b) for notice by the Condominium or the Company to the Town, personal delivery to the Town Manager or the Town Clerk at 1710 Kingston Road, Pickering; <c) for notice by the Town or the Condominium to the Company, personal delivery to an officer or employee of the Company at 2061 McCowan Road, Suite 211, Agincourt. Unless previously terminated pursuant to the provisions of subsection (1), above, this Agreement shall expire at mid- night on December 31st, 1982. The Company agrees that following the expiry or earlier term- ination of this Agreement, any persons designated by it pur- suant to section 2 and appointed by the Town pursuant to sec- tion 2, shall attend, as required, at any court hearing respecting the prosecution of violations of By-Law 851/78, as amended from time to time, or any successor thereto. IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their respective corporate seals, duly attested by their proper authorized officers. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk DURHAM CONDOMINIUM CORPORATION NO. Per: Per: 19 EDBAR SECURITY LIMITED Per: Per: 0